When a vehicle is multi-manned the daily rest requirement is 9 hours within 30 hours of the previous rest period (daily or weekly) ending.
The 9 hours is all that is required, it is not a reduced daily rest.
That’s good but how does it fit in with article 4 (g) ?
(g) ‘daily rest period’ means the daily period during which a
driver may freely dispose of his time and covers a ‘regular
daily rest period’ and a ‘reduced daily rest period’:
– ‘regular daily rest period’ means any period of rest
of at least 11 hours. Alternatively, this regular daily
rest period may be taken in two periods, the first of
which must be an uninterrupted period of at least 3
hours and the second an uninterrupted period of at
least nine hours,
– ‘reduced daily rest period’ means any period of rest of at least nine hours but less than 11 hours;
The first quote from GeeBee is for a vehicle crew multi manning. 9 hours continuous rest. it used to be 8
The second quote is for single occupancy. 11 hours may be reduced 3 times. 10. 9.45. 10.20 count as 9 hours rest
Like a Dual Carriageway, double manning does not restrict you from having more than 2 drivers
When a vehicle is multi-manned the daily rest requirement is 9 hours within 30 hours of the previous rest period (daily or weekly) ending.
The 9 hours is all that is required, it is not a reduced daily rest.
That’s good but how does it fit in with article 4 (g) ?
(g) ‘daily rest period’ means the daily period during which a
driver may freely dispose of his time and covers a ‘regular
daily rest period’ and a ‘reduced daily rest period’:
– ‘regular daily rest period’ means any period of rest
of at least 11 hours. Alternatively, this regular daily
rest period may be taken in two periods, the first of
which must be an uninterrupted period of at least 3
hours and the second an uninterrupted period of at
least nine hours,
– ‘reduced daily rest period’ means any period of rest of at least nine hours but less than 11 hours;
The first quote from GeeBee is for a vehicle crew multi manning. 9 hours continuous rest. it used to be 8
The second quote is for single occupancy. 11 hours may be reduced 3 times. 10. 9.45. 10.20 count as 9 hours rest
Like a Dual Carriageway, double manning does not restrict you from having more than 2 drivers
The part I’ve made bold has nothing to do with how many drivers are in the vehicle, it’s simply stating the definitions used in the document and therefore I would have thought that it would apply to the whole document unless otherwise stated
Article 8 .5 gives a revocation to paragraph 2 but makes no mention of revoking the definitions stated in article 4 (g).
Article 4 (g) does give the definition of daily rest periods under ‘normal’ circumstances i.e. the vehicle is single crewed.
Article 8.2 requires that a driver (single crewed vehicle) takes a daily rest period within 24 hours of ending the last rest period (daily or weekly). The second paragraph of 8.2 states that a regular daily rest is at least 11 hours and a rest period of between 9 and 11 hours will be considered to be a reduced daily rest period.
Article 8.5 basically cancels out both paragraphs of Article 8.2. It puts forward a very specific case; i.e. a driver involved in multi-manning, which is defined in Article 4 (o). The wording in 8.5 effectively replaces the wording contained in 8.2 where the vehicle is multi-manned. So, if the vehicle is multi-manned you ignore the wording in 8.2 and substitute the wording in 8.5 instead. There is a new length of a ‘day;’ 30 hours and a requirement that a rest period of at least 9 hours be taken within that period.
European Regulations are hierarchical in structure, what comes later overrides what is originally written. In this instance daily rest is defined then later modified in particular circumstances.
geebee45:
Article 4 (g) does give the definition of daily rest periods under ‘normal’ circumstances i.e. the vehicle is single crewed.
Article 8.2 requires that a driver (single crewed vehicle) takes a daily rest period within 24 hours of ending the last rest period (daily or weekly). The second paragraph of 8.2 states that a regular daily rest is at least 11 hours and a rest period of between 9 and 11 hours will be considered to be a reduced daily rest period.
Article 8.5 basically cancels out both paragraphs of Article 8.2. It puts forward a very specific case; i.e. a driver involved in multi-manning, which is defined in Article 4 (o). The wording in 8.5 effectively replaces the wording contained in 8.2 where the vehicle is multi-manned. So, if the vehicle is multi-manned you ignore the wording in 8.2 and substitute the wording in 8.5 instead. There is a new length of a ‘day;’ 30 hours and a requirement that a rest period of at least 9 hours be taken within that period.
European Regulations are hierarchical in structure, what comes later overrides what is originally written. In this instance daily rest is defined then later modified in particular circumstances.
Are you saying that that ‘infers’ that, when on double manning, a full daily rest will be 9 hours?
This is where I have probs - where does it say or infer that 9 hours is a full daily rest in these circumstances as, to me, it does not actually say that but says that a ‘minimum’ of 9 hours be taken.
@Rog it is perfectly legal to work 21hrs on 9 hrs off,when
the VEHICLE is Double-manned,and you can do thsi 6days
then take a break of 24hrs, and carry on for another 6 days
and then take a normal weekend break, the majority of german
companys who deliver Furniture,work this way,as it is the most
profitable way to run their transport, and in fact such firms pay
better wages than others due to the nature of the work. Not forgetting
the rule for the double week as regards driveing time.
PLEASE read PAGE21 of this excellent booklet
sorry so long getting back to u all. but just as i posted it i went to Devon. to get a real break. as if i had to do one more 21 i would have fallen a sleep at the wheel. thank u all. for your answers and help. by the looks of thinks i do not have a leg to stand on. one more thing can i refuse to do it. and is 63 & a half the max i can do a week.
