The new changes brought about by 2020/1054 seem, in one area, to be totally unclear. Namely, Article 6(5) of 561 fame (aka article 34 of 165/2014 as they seem identical).
Both make reference to Article 4(e) of 561 which in itself has been amended by 1054 and the new definition seems to exclude the phrase “since the last daily or weekly rest period”. So For those part time in scope drivers who may also do full days in a warehouse with no in scope driving, does this mean that everything will have to go on their digital cards? Even those days which are totally OOS?
if that is the case then when the card is upload into an analysis system that is set to 561 regs and the EC element of the RTWTD, then what should really be domestic Working Time will be classed and analysed as EC working time and therefore subjected to breaks and the 48/60 limits. What am I missing?