Coffeeholic:
You can say all you like, it doesn’t make it correct and the courts don’t agree with you. This was put to bed years ago in 2001 with the Skills Coaches case
Ok,picture this.Double manned coach coming up from somewhere in Italy (I forget exactly where) .Feeder driver waiting at Dover,having driven down and had 10hrs.off in a hotel(receipt to prove).Ministry at Dover.Drivers told Ministry man that coach firm had given them money for a hotel,and showed him the envelope with Dover hotel money typewritten on it.They then said that they chose not to take this offer up,and intended to drive home in the car.He let them go,because it was their decision,and not the firm’s orders.The feeder driver corroborated this.Now,this was pre 2001,was the Skills case you refer to about this practice?
Skills Motor Coaches versus Vehicle Inspectorate
Skills Motor Coaches Ltd operates passenger coaches from Nottingham and employed Messrs Farmer, Burley and Denman as drivers. The Vehicle Inspectorate contended that periods of time spent by Farmer and Burley in driving by car from their home or the coach depot to the point where they took over a coach should have been recorded manually on the coach’s tachograph sheets. Similarly Denman, who on one occasion had done driving work which qualified as a regular national service falling outside the scope of the tachograph regulations before taking over a ‘tachograph’ coach should have recorded that earlier period of driving work on the tachograph sheets for that vehicle.
acd1202:
Whilst you can interrupt a daily rest to board and/or leave a ferry, you may not interrupt a weekly rest.
is that a MMTM rule? where is the rule that states that load of tosh, so if i get on the santander boat to the uk i have to move my truck in the middle of the ocean after 11 hours so it doesn’t reach 24 hours and i’ve had a weekly break i ddon’t think so somehow.
you can interrupt your break onto and off a ferry regardless of it being daily or weekly
acd1202:
Whilst you can interrupt a daily rest to board and/or leave a ferry, you may not interrupt a weekly rest.
is that a MMTM rule?
No.
welshboyinspain:
where is the rule that states that load of tosh.
That’s straight from the EU Driver’s Hours regulations.
welshboyinspain:
so if i get on the santander boat to the uk i have to move my truck in the middle of the ocean after 11 hours so it doesn’t reach 24 hours and i’ve had a weekly break i ddon’t think so somehow.
Why the hell would you need to move it after 11 hours? Why wouldn’t you want to get a reduced weekly rest in during that period? If the crossing is long enough,take the 24 hour reduced weekly rest which gives you another three 9 hour daily rest periods available and another 144 hours, from when you resume work before disembarking, until you are required to take another weekly rest period. Could mean the difference between getting home or parking up in France for a weekly rest period. For someone in your situation it is ideal.
welshboyinspain:
You can interrupt your break onto and off a ferry regardless of it being daily or weekly
You mean rest not break, they are different.
You can only interrupt one type of rest period to board a ferry and that is a regular daily rest period of at least 11 hours, not a reduced daily rest and not a weekly rest. That is why you must be parked up in the docks before 13 hours is up from the start of your shift on the day you are catching the ferry and wish to use the interrupted daily rest option. You need to leave enough time for the one or two interruptions and the 11 hours to all fall within the 24 hour period from when you commenced work. Realistically if the time between starting work and parking in the dock is more than about 12.5 hours you won’t be able to use the interrupted rest option.
Article 9 1. By way of derogation from Article 8, where a driver accompanies a vehicle which is transported by ferry or train, and takes a regular daily rest period, that period may be interrupted not more than twice by other activities not exceeding one hour in total. During that regular daily rest period the driver shall have access to a bunk or couchette.
It clearly states in the regulations the only type of rest period which can be interrupted. If you could interrupt a weekly rest period then it would have to say so and it doesn’t.
to coffeeholic;
rather than copy that long quote of yours i’m really confused in splitting the quote and answer;
when i sarcastically said i’d have to move the truck to avoid a weekend REST (sorry to shout but you know what i mean about weekly break and rest) on a ferry you said i could take a reduced weekly rest period which i knew but then later you say i must embark before my day is up so i’d therefore need a daily rest period THEN get on the ferry and take a weekly rest period if i couldn’t get on the boat in my spreadover?? how daft is that?
welshboyinspain:
when i sarcastically said i’d have to move the truck to avoid a weekend REST (sorry to shout but you know what i mean about weekly break and rest) on a ferry you said i could take a reduced weekly rest period which i knew but then later you say i must embark before my day is up so i’d therefore need a daily rest period THEN get on the ferry and take a weekly rest period if i couldn’t get on the boat in my spreadover?? how daft is that?
If the crossing is long enough to get in a weekly rest period then you still must embark before your ‘spreadover’ for that day is up, 13 or 15 hours depending what you have available. If you board before your 13 or 15 hours are up then you begin a weekly rest period on board.
If embarkation will be after your 13 or 15 hours are up then you cannot board as you will not be getting sufficient rest in the 24 hour period which started when you resumed work that day.
I think the easiest way to answer the original question from vinnyl is that vosa & the law state that travelling to or from your vehicle (meeting or leaving it) by any means, when the vehicle is anywhere other than its usual operating base, must be classed as other work. You can be “recovered” either to base,home or anywhere the driver wishes, as long as you have spreadover to cover that journey (ie:- you have only run out of driving hours, eg:- 10hrs driving in 12hr spreadover leaves up to 3hrs to travel elsewhere providing you have a reduced rest period left to use).
