I’ve always thought that you could legally take a break or daily rest on a train or ferry if the journey is long enough to complete the break/rest regardless of whether or not you had access to a bunk/couchette.
I was under the impression that the bunk/couchette was only required if you were taking advantage of the interrupted daily rest requirement.
However reading the regulations ((EC) 561/2006) and the “Guidance Note 6” it seems to me that you cannot legally have a break or rest period whilst travelling unless you have access to a bunk or couchette.
Any opinions ?
Regulation (EC) No 561/2006 - Guidance Note 6:
GUIDANCE NOTE 6
Issue: Recording of time spent on board of a ferry or train where the driver has access to a
bunk or couchette.
Article: 9 (1) of Regulation (EC) No 561/2006
Approach to be followed: Generally during a rest, a driver shall be able, according to Article
4(f), to dispose freely of his/her time. However, a driver is entitled to take his/her break or
rest, daily or weekly, when he/she is travelling by ferry or train, provided that he/she has
access to a bunk or couchette. This stems from the wording of Article 9(2) which stipulates
that any time spent travelling “shall not be counted as a rest or break unless the driver is on
ferry or a train and has access to a bunk or couchette”.
Furthermore, in line with Article 9(1) a regular daily rest period of at least 11 hours taken
on a ferry or a train (if a driver has access to a bunk or a couchette) may be interrupted twice
as a maximum, by other activities (such as embarking or disembarking from the ferry boat or
train). The total time of these two interruptions may not exceed 1 hour. This time must not, in
any case, result in any reduction of a regular daily rest period.
Article 9 - (EC) Regulation 561/2006:
Article 9
2. Any time spent travelling to a location to take charge of a vehicle falling within the scope of this Regulation, or to return from that location, when the vehicle is neither at the driver’s home nor at the employer’s operational centre where the driver is normally based, shall not be counted as a rest or break unless the driver is on a ferry or train and has access to a bunk or couchette.
The VOSA interpretation from GV262-2
Journeys involving ferry or train transport
Where a driver accompanies a vehicle that is being transported by ferry or train, the daily rest requirements are more flexible.
A regular daily rest period may be interrupted no more than twice, but the total interruption must not exceed 1 hour in total. This allows for a vehicle to be driven onto a ferry and off at the end of a sea crossing. Where the rest period is interrupted in this way, the total ■■■■■■■■■ rest period must still be 11 hours. A bunk or couchette must be available during the rest period.
How is that relevant to this thread 
tachograph:
How is that relevant to this thread
Because I thought you were looking for an interpretation of the regs regarding this issue
ROG:
tachograph:
How is that relevant to this thread
Because I thought you were looking for an interpretation of the regs regarding this issue
But what you have posted is not the issue Tachograph was asking about. 
ROG:
tachograph:
How is that relevant to this thread
Because I thought you were looking for an interpretation of the regs regarding this issue
But the issue is whether or not you can legally have a break or daily rest whilst travelling on a ferry or train without access to a bunk or couchette.
tachograph:
However reading the regulations ((EC) 561/2006) and the “Guidance Note 6” it seems to me that you cannot legally have a break or rest period whilst travelling unless you have access to a bunk or couchette.
I cannot remember if that was the same requirement under the previous version of the rules but I have never used a ferry crossing where it was possible to get a daily or weekly rest period in and not to have had a cabin and bunk.
Gotta love ((EC) 561/2006), according to it you cannot take a regular weekly rest away from base in the vehicle. 
Coffeeholic:
tachograph:
However reading the regulations ((EC) 561/2006) and the “Guidance Note 6” it seems to me that you cannot legally have a break or rest period whilst travelling unless you have access to a bunk or couchette.
I cannot remember if that was the same requirement under the previous version of the rules but I have never used a ferry crossing where it was possible to get a daily or weekly rest period in and not to have had a cabin and bunk.
I know what you mean but I was thinking more along the lines of Breaks or perhaps the first part of a split daily rest period (3 hours).
Coffeeholic:
As far as I see it that says under the current rules you must have access to a bunk or couchette thanks to a combination of Article 9(2) and the being free to dispose of your time thing. On a ferry you are restricted in how you dispose of your time so the travelling derogation, 9(2) comes into play and it says you must have a bunk or couchette.
Also for a “Break” apparently ?
Also given the interpretation that “Guidance Note 6” seems to put on the regulations where does that leave having a break whilst on POA in the passenger seat (multi-manning), we know VOSAs interpretation but to me this seems to suggest that you cannot have a break whilst in the passenger seat of a multi-manned vehicle 
After all if you’re travelling in the passenger seat you are most likely travelling to take charge of the vehicle.
Or am I being to picky 
It seems that the bunk and couchette is only required while travelling on a ferry or train, if you take a daily or reduced weekly rest you only require “suitable sleeping facilities” in a stationary vehicle.
So it does appear that you cannot have a 45 or more off in a lorry cab
I looked into maritime law to discover if there was any relevant information. I found that for every 4 berth cabin, there must be at least one shower, one basin and one toilet to share.
It also states that if a ship has more than 12 passengers it must have its own doctor on board.
Wheel Nut:
It seems that the bunk and couchette is only required while travelling on a ferry or train, if you take a daily or reduced weekly rest you only require “suitable sleeping facilities” in a stationary vehicle.
So it does appear that you cannot have a 45 or more off in a lorry cab
Indeed, 44 hours 59 minutes would be okay but 45+ hours would not. I bet there are a good few thousand drivers breaking that regulation this weekend across Europe.
Just to add more fuel to the fire;
Guidance Notes are just that ‘Guidance.’ They have no legal standing in that they are issued by the Legislators in an attempt to clarify the rules they didn’t write clearly in the first place. If they had written them clearly there wouldn’t be any doubt or confusion and therefore the GN would not be needed.
It is for the Courts to rule how the Legislation should be interpreted, however, in these cash strapped times most folk would probably wish to avoid becoming a ‘Stated Case.’
There is no requirement to have a bunk or couchette available whilst taking a break, there is no requirement to have anything available during a break period. The legislation simply says that you must do no driving or other work and that you must use the time to recuperate from the driving done previously. So there is no problem with the second driver taking a break in a moving vehicle whilst the first driver is driving. The problem comes from Article 15 of (EEC)3821/85 that says that a period spent on a passenger seat of a moving vehicle should be recorded under the ‘availability’ symbol. But let’s not start that does break = POA argument again.
Daily rest may be interrupted to embark or disembark from a ferry provided that a bunk or couchette is available for the whole of the rest period. So if there are no bunks on the ferry, then the time spent on it cannot be counted as daily rest.
The legislation appears specific in that you cannot take a Regular weekly rest period in a vehicle whether ‘at home’ or ‘away from base.’ The suggestion is that driver should always be at home at least every second weekend, which may cause problems for a few drivers and operators. Although I guess the hoteliers would be very happy if this rule were enforced. In reality nothing much has changed between 3820 and 561 in that under 3820 you couldn’t take weekly rest in a vehicle at all and I never heard of anybody being prosecuted when they did.
geebee45:
Just to add more fuel to the fire;
The legislation appears specific in that you cannot take a Regular weekly rest period in a vehicle whether ‘at home’ or ‘away from base.’ The suggestion is that driver should always be at home at least every second weekend, which may cause problems for a few drivers and operators. Although I guess the hoteliers would be very happy if this rule were enforced. In reality nothing much has changed between 3820 and 561 in that under 3820 you couldn’t take weekly rest in a vehicle at all and I never heard of anybody being prosecuted when they did.
It is an interesting part of the regulations though. I remember going to Brian Yeardley for a job once about 1994 when I had fallen out of love with tanker work. I basically did the interview, sorted the references and checks and it was then that I mentioned wanting to do a month out and a week off. You would have thought I had asked to sleep with Pat Spamers daughter as eyebrows, arms and voices were raised. You cannot do that he objected, you are only allowed 2 weekends in a truck
I think they were probably taking things too literally then, and they later relaxed their ways. Meanwhile I carried on with the tankers.
I don’t mean to railroad this thread, just commenting on the regulations then and now.
I do not want to be the “Case Stated” either.