45hr break

Just had this pop up ! epda.ie/the-cab-is-not-an-apartment.html
Click and read .
Interesting to see if anything changes .
It also looks like Belgium is getting tough .
A Romanian company had 40odd trucks seized after running an op center with drivers living in containers with no running water and very poor facilities.

Sent from my SM-G903F using Tapatalk

It already has changed. VOSA announced a clamp down starting November 1st.

This part leaves it wide open.

It is up to the Member States to determine which sanctions are appropriate to ensure the validity and effectiveness of EU Regulation 561/2006 said the ECJ. They have to pay attention that these sanctions are imposed according to objective and procedural rules which resemble those which apply in cases of type and severity to similar breaches of national law.

VOSA won’t be doing anything about it…they don’t exist any longer :wink:

DVSA on the other hand will do something when they’re short of something to do…

It was the French and Belgium authorities interpreting the regs and taking action, being the reason it ended up in the ECJ. They’ve been fining drivers and/or companies for this for a few years now; I believe the Germans are also enforcing it.

However DVSA, are only using to move drivers from what they consider unsuitable parking areas and forcing them to park in official parking areas, but they can still stay in the cab once they’ve parked in a suitable area.

muckles:
However DVSA, are only using to move drivers from what they consider unsuitable parking areas and forcing them to park in official parking areas, but they can still stay in the cab once they’ve parked in a suitable area.

.

Which is a much more sensible way to enforce it, some common sense,being applied.

biggriffin:

muckles:
However DVSA, are only using to move drivers from what they consider unsuitable parking areas and forcing them to park in official parking areas, but they can still stay in the cab once they’ve parked in a suitable area.

.

Which is a much more sensible way to enforce it, some common sense,being applied.

Amazingly yes it does seem to be, but really its being enforced different way in each country for their own reasons, although none of the reasons it’s being enforced seems to be because the various authorities are worried about driver welfare. :confused:

grumpyken52:
Just had this pop up ! epda.ie/the-cab-is-not-an-apartment.html
Click and read .
Interesting to see if anything changes .
It also looks like Belgium is getting tough .
A Romanian company had 40odd trucks seized after running an op center with drivers living in containers with no running water and very poor facilities.

Sent from my SM-G903F using Tapatalk

Now not easy seized truck because most truck not belong to transport companies.

Andrejs:

grumpyken52:
Just had this pop up ! epda.ie/the-cab-is-not-an-apartment.html
Click and read .
Interesting to see if anything changes .
It also looks like Belgium is getting tough .
A Romanian company had 40odd trucks seized after running an op center with drivers living in containers with no running water and very poor facilities.

Sent from my SM-G903F using Tapatalk

Now not easy seized truck because most truck not belong to transport companies.

I don’t think the authorities worry too much in this sort of case . The company will get the trucks back eventually once all the fines are paid .
No trucks = no business.

Sent from my SM-G903F using Tapatalk

Andrejs:

grumpyken52:
Just had this pop up ! epda.ie/the-cab-is-not-an-apartment.html
Click and read .
Interesting to see if anything changes .
It also looks like Belgium is getting tough .
A Romanian company had 40odd trucks seized after running an op center with drivers living in containers with no running water and very poor facilities.

Sent from my SM-G903F using Tapatalk

Now not easy seized truck because most truck not belong to transport companies.

In the UK at least, the authorities can cease a truck from an operator not abiding by O’licence or cabotage regulations or involved in criminal activities, regardless of who actually owns it.
It is then up to the owner to apply for it to be returned to them.

They seem to have done the seizures under a whole load of offences .
Social dumping , human trafficking , O licence , drivers hours plus loads of others to do with carbotage etc .

Sent from my SM-G903F using Tapatalk

It’s been enforced in Belgium and France for some time, and the fines are €1800 for Belgium and €2400 in France, it wasn’t a misinterpretation of any law but the enforcing of an established yet overlooked law, the reason behind it being the social dumping of drivers at weekends, specifically through drivers having 45hrs plus in lay-bys without adequate amenities. About a month ago NSE in Belgium had a massive fine for over 200 trucks parked over a single weekend. The Netherlands also made it an intention of enforcing the law but it was decided they would remain a country where the 45hr rule is allowed however they are currently upgrading their truck parking facilities and enforcing new and existing laws for improper parking such as in entry and exit slips.
Germany enforced the law with a fine of €60, but you can park for 44hrs 59mins and receive no fine, 45hrs and above will be fined at €60 per hour over 24hrs so if you’re parked for 46hrs you’ll be fined 22hrs = €1320.
Austria is another country that has enforced the law but has no fixed fine in place, but is probably €300 as that seems to be their favourite figure for fines :wink:
DVSA have enforced the law since Nov 1st, the fine is £300, 3 weeks ago in the Ashford area 150 trucks were clamped and fined over one weekend.
Recently a German haulage company appealed against the law having had a few of its drivers fined, it was decided that the driver is weekended due to the nature of his employment and not due to any fault of his own, and any fines imposed will be to the operator not the driver, this was put before the European Commission for Transport