Just caught this subject in the ‘europe’ section, but it states there in the last post that this is now in force in the UK. Is that true? Can you no longer take a 45 in the cab?
so what happens if you dont have a house and you live i nthe truck?
Whether it’s illegal and whether its enforced are two different things. The rules say that a daily rest and a reduced weekly rest can be taken in a vehicle. This has been the case for some time, but I’ve never heard of anyone being prosecuted for it
I reckon its one of those daft rules authorities do not bother about
If the authorities stop a driver at the roadside and find out that a reduced and a regular were taken in the truck in that order what are they going to do? - cannot say park up here and take a 45 because they are still using the truck … I suppose they could say park here and go to a B&B etc for 45 hours but that is often unlikely to be a realistic option
I always thought it was legal as long as there was a bed/bunk. What about continental drivers? Or are they technically supposed to book into a b&b?
The-Snowman:
Or are they technically supposed to book into a b&b?
Yep, but in reality…
ROG:
I reckon its one of those daft rules authorities do not bother about
…until you crash into the busload of nuns and the authorities will use rest-infringements automatically to prove it was your fault. Rest must be taken elsewhere as I understand it. Its our fault for preferring to trouser the expenses in cash rather than accepting proper accommodation in a hotel.
As I understand it, it has always been the rule, but Belgium and France are apparently enforcing these regulations, and a lot has to do with the Taliban taking up so many parking spaces. Now if it was me, and I was stuck in either one of those countries, I could possibly hide for my nights sleep by drawing the curtains and keeping them closed, rather than risk a big fine for driving over my hours, and/or a fine for not taking my weekly rest. Either way its a lose lose situation. I did read that the French are going to fine anyone 3000 euros for disobeying their rules, and could lead to imprisonment for the owners ( don’t ask me how ) and Belgium also has a fine system in place.
I did write to my euro MP but as per usual never got a true answer I was expecting ( like its illegal to fine a driver for taking his 45 hr rest in a cab ) but more or less telling me what I already know about the regulation that a driver can take a reduced weekly rest, and a daily rest in his cab, but not a 45, so in reality a driver stuck in France or Belgium can take a reduced rest in his cab, and the rest in a hotel ( probably at his expense ) and its absolutely outrageous.
I’d like to see this challenged in court tbh. I may not be Rumpole of the Bailey but surely omission cannot constitute law? I mean that there is nothing in law which states you CANNOT take a 45 in a vehicle, the law states that a reduced weekend break may be taken in a vehicle, but makes NO mention of a full break. Imo if drivers sart getting fined for taking a 45 in the truck then it sets a very dangerous precedent in as much as omission becomes accepted law.
do vosa have a problem with the people they park up at a checkpoint for 45 hours? i take it they stop in the cab?
the maoster:
I’d like to see this challenged in court tbh. I may not be Rumpole of the Bailey but surely omission cannot constitute law? I mean that there is nothing in law which states you CANNOT take a 45 in a vehicle, the law states that a reduced weekend break may be taken in a vehicle, but makes NO mention of a full break. Imo if drivers sart getting fined for taking a 45 in the truck then it sets a very dangerous precedent in as much as omission becomes accepted law.
I don’t think it is an omission, just clever legal wording. The law tells you what you must do, and anything not mentioned is what you must not do. Its like daily rest, the law says you must have 11 or 9 off, so from that we know you mustn’t work more than 13 or 15…but it doesn’t actually say you can’t.
I’ve just done my CPC and I’m sure it states the rest can be taken as long you have access to a bed/bunk? So what’s the point in having a sleeper can then?
nurburg340:
I’ve just done my CPC and I’m sure it states the rest can be taken as long you have access to a bed/bunk? So what’s the point in having a sleeper can then?
It says a daily or reduced weekly rest may be taken in a vehicle, as long as the vehicle is stationary and fitted with a bunk.
Reading a dutch forum the other day, apparently Germany is the latest country to enforce this.
sayersy:
I don’t think it is an omission, just clever legal wording. The law tells you what you must do, and anything not mentioned is what you must not do. Its like daily rest, the law says you must have 11 or 9 off, so from that we know you mustn’t work more than 13 or 15…but it doesn’t actually say you can’t.
So if you keep taking this to the “n’th” degree, the regs say that you must take a 45 break after 4.5 hours driving, but don’t state where it can/ can’t be taken. Working on the " clever legal wording" theory, does this then mean that you cannot take a 45 in your cab?
Just a thought…
I’m not going to argue the right or wrongs, but as somebody who can run on a Sunday in France I’ve noticed a change in spaces in service areas on a weekend. Last year you struggled to park, with every truck space, spade behind them and even the slip roads, car parking and space near the pumps being used for parking. This year since the French said they’ll be enforcing this the same service areas have spare spaces to park.
I assume the French and Belgium authorities or other in the country have had enough of trucks park all over the place for days at a time or the unions have enough of thier haulage companies using East European traction and have put pressure on the government.
I don’t know if its being enforced in the UK, unlike France and Belgium there hasn’t been any notification.
threewheelsonmywagon:
sayersy:
I don’t think it is an omission, just clever legal wording. The law tells you what you must do, and anything not mentioned is what you must not do. Its like daily rest, the law says you must have 11 or 9 off, so from that we know you mustn’t work more than 13 or 15…but it doesn’t actually say you can’t.So if you keep taking this to the “n’th” degree, the regs say that you must take a 45 break after 4.5 hours driving, but don’t state where it can/ can’t be taken. Working on the " clever legal wording" theory, does this then mean that you cannot take a 45 in your cab?
Just a thought…
Its not a case of taking things to the Nth degree. Those are the regulations…you can stick to them or ignore them as you see fit.
The fact that that it doesn’t state where breaks can and can’t be taken means that there are no restrictions on where breaks can and can’t be taken. The fact the the rules around rest DO state where rest can and can’t be taken means that there ARE restrictions!
muckles:
I’m not going to argue the right or wrongs, but as somebody who can run on a Sunday in France I’ve noticed a change in spaces in service areas on a weekend. Last year you struggled to park, with every truck space, spade behind them and even the slip roads, car parking and space near the pumps being used for parking. This year since the French said they’ll be enforcing this the same service areas have spare spaces to park.I assume the French and Belgium authorities or other in the country have had enough of trucks park all over the place for days at a time or the unions have enough of thier haulage companies using East European traction and have put pressure on the government.
I don’t know if its being enforced in the UK, unlike France and Belgium there hasn’t been any notification.
Why not make it so lorries have to stay in a proper truck stop if they are resting for too long? There will surely be no need for sleeper cabs anymore.
nurburg340:
muckles:
I’m not going to argue the right or wrongs, but as somebody who can run on a Sunday in France I’ve noticed a change in spaces in service areas on a weekend. Last year you struggled to park, with every truck space, spade behind them and even the slip roads, car parking and space near the pumps being used for parking. This year since the French said they’ll be enforcing this the same service areas have spare spaces to park.I assume the French and Belgium authorities or other in the country have had enough of trucks park all over the place for days at a time or the unions have enough of thier haulage companies using East European traction and have put pressure on the government.
I don’t know if its being enforced in the UK, unlike France and Belgium there hasn’t been any notification.
Why not make it so lorries have to stay in a proper truck stop if they are resting for too long? There will surely be no need for sleeper cabs anymore.
Where are all these proper truck stops? Many French routiers close at weekends and are more like old school transport cafe than truck stops, the autohofs in Germany many now charge for parking, which you’ll get back if you buy a meal. It’s basically to stop drivers “camping out” without paying for any facilities.
As for not needing sleeper cabs, the regulations state that a daily and reduced weekly rest period can be taken in a vehicle provided it has suitable sleeping facilities.
And I think the vast majority of drivers, especially UK based, will only ever have a daily rest period in a cab, comparatively very few will have a reduced weekly rest let alone a full weekly rest in cab.
muckles:
I’m not going to argue the right or wrongs, but as somebody who can run on a Sunday in France I’ve noticed a change in spaces in service areas on a weekend. Last year you struggled to park, with every truck space, spade behind them and even the slip roads, car parking and space near the pumps being used for parking. This year since the French said they’ll be enforcing this the same service areas have spare spaces to park.I assume the French and Belgium authorities or other in the country have had enough of trucks park all over the place for days at a time or the unions have enough of thier haulage companies using East European traction and have put pressure on the government.
I don’t know if its being enforced in the UK, unlike France and Belgium there hasn’t been any notification.
Whilst there are more spaces in the service areas, those that used to park there must be somewhere (most likely Holland and Dover atm? ), and even if all those taking a 45hr break go to a hotel/B&B, where are those Hotels/B&Bs that have adequate parking (nearby), to accommodate all those camions?