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A Article 15(7) of EC
Page 83
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Regulation 3821/85, the Community Recording Equipment Regulation, requires that a driver should be able to produce his record sheets for the current week and for the last day of the previous week on which he drove.
For this purpose a week has the same definition as in EC Regulation 3820/85 (the drivers' hours regulation) and it means the period between 00:00hrs on Monday and 24:00hrs on Sunday.
Therefore, for the purposes the hours and tachograph law, a week is fixed between those times. It is not variable and it is of no consequence that a driver's actual working week or pay week may be different.
If your driver, who takes his weekly rest period midweek, is stopped on a Tuesday, the only records he is required to have with him is the record sheet for that day, the Monday immediately before and the one for the "last day of the previous week on which he drove"— the preceding Sunday.
The fact that those sheets will not show him having had a weekly rest period is immaterial.
The law does not say he has to produce record sheets which show he has had a weekly rest period.
This will make it difficult for police or a traffic examiner, on a spot check, to know whether the driver has taken a weekly rest period, but that is not your problem or your driver's problem.
On a roadside check the enforcement authorities would also have difficulty in knowing whether the 90hour driving limit in a fortnight had been exceeded— or, for that matter, whether a driver had taken compensatory rest for reduced daily or weekly rest periods.