Another "ferry mode" question!!

Started yesterday morn 0720 and parked at boat 2015 and put tacho to rest.
Moved onto boat 2330(5mins driving) using ferry mode and off boat again using ferry mode 0200 as interrupting rest for boat journey.
Drove to yard (30mins) and pulled card as now parked on weekly rest until Mon 0600.
Will perform manual entry on Mon morn that I’ve been on rest from 0230 Fri therefore “showing” well over the required 11hrs plus “shunt” for the use of ferry mode.
Am I legal??

Big Truck:
Started yesterday morn 0720 and parked at boat 2015 and put tacho to rest.
Moved onto boat 2330(5mins driving) using ferry mode and off boat again using ferry mode 0200 as interrupting rest for boat journey.
Drove to yard (30mins) and pulled card as now parked on weekly rest until Mon 0600.
Will perform manual entry on Mon morn that I’ve been on rest from 0230 Fri therefore “showing” well over the required 11hrs plus “shunt” for the use of ferry mode.
Am I legal??

LOOKS OK TO ME :smiley:

You did a shift just under 13 hours leaving 11+ hours for daily rest
Your ferry interruptions totalled 35 mins in 2 moves which is allowed
All the other time is rest
I see no issues

ROG:

Big Truck:
Started yesterday morn 0720 and parked at boat 2015 and put tacho to rest.
Moved onto boat 2330(5mins driving) using ferry mode and off boat again using ferry mode 0200 as interrupting rest for boat journey.
Drove to yard (30mins) and pulled card as now parked on weekly rest until Mon 0600.
Will perform manual entry on Mon morn that I’ve been on rest from 0230 Fri therefore “showing” well over the required 11hrs plus “shunt” for the use of ferry mode.
Am I legal??

LOOKS OK TO ME :smiley:

You did a shift just under 13 hours leaving 11+ hours for daily rest
Your ferry interruptions totalled 35 mins in 2 moves which is allowed
All the other time is rest
I see no issues

Cheers Rog,
wasn’t exactly sure if “ferry mode” could be used when incorp into a weekly rest and if it applied to a daily rest only.

The ‘ferry mode’ is simply a way of accounting for your daily rest being interrupted.

From the information given Rog is perfectly right - you didn’t break the rules. The Interruptions apply to the daily rest and have no bearing on your weekly rest. The hours of daily rest can be used as hours of weekly rest as well. So the ferry bit doesn’t affect weekly rest

The one thing I am not certain of is whether the whole of the daily rest can be used as weekly rest or if the weekly rest can only start after the last 30 min drive :question: :question: :question: :question: :question: :question: :question: :question: :question:

The ferry interruption only mentions regular daily rest and not weekly rest

ROG:
The one thing I am not certain of is whether the whole of the daily rest can be used as weekly rest or if the weekly rest can only start after the last 30 min drive :question: :question: :question: :question: :question: :question: :question: :question: :question:

The ferry interruption only mentions regular daily rest and not weekly rest

Rog - I have been pondering exactly the same thing. After I made my post I almost edited it, but I decided that a regular daily rest is allowed to be interrupted and still count as a regular daily rest. A daily rest can be extended into a weekly rest - so it makes sense it all counts towards the weekly rest.

HOWEVER - I think the safest option is to say that only the rest since the last interruption should be counted towards the weekly rest - can’t be wrong then.

shep532:

ROG:
The one thing I am not certain of is whether the whole of the daily rest can be used as weekly rest or if the weekly rest can only start after the last 30 min drive :question: :question: :question: :question: :question: :question: :question: :question: :question:

The ferry interruption only mentions regular daily rest and not weekly rest

Rog - I have been pondering exactly the same thing. After I made my post I almost edited it, but I decided that a regular daily rest is allowed to be interrupted and still count as a regular daily rest. A daily rest can be extended into a weekly rest - so it makes sense it all counts towards the weekly rest.

HOWEVER - I think the safest option is to say that only the rest since the last interruption should be counted towards the weekly rest - can’t be wrong then.

Aye was wondering if it said “daily rest” when using ferry mode or just “rest”!!!
Anyway if DVSA get really pedantic I can say my daily rest ended@ 0750 on the Fri and my weekly rest then started therefore ending at approx 0600 on Mon morn!!![emoji56]

Thanks to ROG for telling me about this thread … and for making my brain bleed thinking about it all day :stuck_out_tongue: :laughing:

I think this is one of those situations where it would take a court to decide the precise intention of the regulations, or the EU commission could clarify the situation but best not hold your breath waiting for that to happen.

However, I would say that legally the weekly rest period has to begin after the last interruption.

When a daily rest period is extended to make a weekly rest period, the daily rest period becomes part of the weekly rest period, although a daily rest period can be interrupted, when it’s part of a weekly rest period I would say it cannot be interrupted.

This makes interesting reading.

Though I agree with Shep that it makes more sense for the interrupted daily rest period to still count as part of a weekly rest period, in fact I think I’ve thought the same in the past, the problem is that the last sentence in the article I’ve linked to above says quite emphatically “The derogation under Article 9(1) does not apply to a weekly rest period, whether reduced or regular”.

Therefore as has been said, I think the only safe option is to assume that the weekly rest period must start after the last interruption.

Yep - this one has had me sleepless all weekend and I’m thinking along the same lines as you Tachograph - it’ll all be down to a technicality but it is quite clear what the safest option is as you have said - Only count the rest after the last interruption as part of the weekly rest

I’d certainly like to have this conversation with a DVSA enforcement officer at the road side …

shep532:
Yep - this one has had me sleepless all weekend and I’m thinking along the same lines as you Tachograph - it’ll all be down to a technicality but it is quite clear what the safest option is as you have said - Only count the rest after the last interruption as part of the weekly rest

I’d certainly like to have this conversation with a DVSA enforcement officer at the road side …

You think you might get anywhere Shep532!!!

Big Truck:

shep532:
Yep - this one has had me sleepless all weekend and I’m thinking along the same lines as you Tachograph - it’ll all be down to a technicality but it is quite clear what the safest option is as you have said - Only count the rest after the last interruption as part of the weekly rest

I’d certainly like to have this conversation with a DVSA enforcement officer at the road side …

You think you might get anywhere Shep532!!!

I like to think so - let’s face it, neither the DVSA nor Traffic Commissioners can make the law and in most cases only a higher power can determine what the law actually means so in this case I think it’d be their say so against yours.

They tend to back down when they realise they can’t bully you.