sch.3-secExample 1

sch.3-sec Example 1

Example 1

(1) A solo driver working under standard hours intends to work the following 14 day schedule—

• work 6 consecutive days for 10 hours a day; then

• take 24 continuous hours of stationary rest on the 7th day; then

• again work 6 consecutive days for 10 hours a day; then

• on the 14th day, take another 24 continuous hours of stationary rest.

(2) Referring to Table 1 in Schedule 1, in addition to working for no longer than the maximum work times in Column 2, a solo driver under standard hours must have at least the following rest times (Column 3)—

• the minimum rest required for periods of 5½ hours, 8 hours and 11 hours;

• 7 continuous hours of stationary rest in every 24 hour period;

• 24 continuous hours of stationary rest in every 7 days;

• 4 night rest breaks in every 14 days, 2 of which must be on consecutive days.

(3) Section 5 of the Law states that a night rest break is either 7 continuous hours of stationary rest between 10pm on a day and 8am on the next day, or 24 continuous hours of stationary rest time.

(4) Under section 22, the driver will automatically meet a requirement for 1 night rest break when the driver takes 24 continuous hours or more of stationary rest, regardless of whether the 24 hour period includes 7 continuous hours between 10pm on a day and 8am on the next day.

(5) Therefore, the driver's schedule over the 14 day period will meet the requirement for a minimum of 24 continuous hours of stationary rest in every 7 days and 2 of the 4 required night rest breaks.

(6) The driver—

(a) must take at least 2 additional night rest breaks over the 14 day period; and

(b) to fulfil the requirement that 2 night rest breaks be on consecutive days, the driver may either—

(i) take the 2 additional night rest breaks on consecutive days; or

(ii) take at least 1 of the additional night rest breaks on a day that is consecutive to 1 of the periods of 24 continuous hours of stationary rest taken by the driver.