POA or rest?

Terry T:

wildfire:
i am sorry but I have to agree with ROG on his view on the split daily rest, to comply with the rules, the 3 hours during the day must follow the same rules on the 9 hours taken at night, I draw you attention to this one line in the regulations.

When a daily rest is taken, this may be taken in a vehicle, as long as it has suitable sleeping facilities
and is stationary.

no where in the regulations does it say if you have a 3 hour BREAK you can count that towards a split REST.

This is just my personal view after read through the regulations several times.

If I were a betting man I’d go with this too. Just had a quick look myself but couldn’t see find anything concrete.

It would definitely be odd if the requirements for the 3 hours were different to the 9.

I’d like to know for sure.

in the regulations this is the first bit.

Alternatively, a driver can split a regular daily rest period into two periods. The first period must be at
least 3 hours of uninterrupted rest and can be taken at any time during the day. The second must be
at least 9 hours of uninterrupted rest, giving a total minimum rest of 12 hours.

Then the bit about split rests comes after it

A rest is an uninterrupted period where a driver may freely dispose of his time. Time spent working
in other employment or under obligation or instruction, regardless of the occupation type, cannot be
counted as rest, including work where you are self-employed.

I have always said that some one taking three hours break and counting it as rest is probably breaking the law, as being on a bay in my opinion would fall under the being under obligation or control.