ROG:
I personally think that the words āregular daily restā need clarifying in the case of multi-manning as I think that a 9 is the regular daily rest for that circumstance
The words āregular daily rest periodā are crystal clear in the regulations.
regular daily rest periodā means any period of rest
of at least 11 hours
As I see it 9 hours rest may be the regular daily rest that can be taken for multi-manning but 11 hours rest is a regular daily rest period, and a regular daily rest period is whatās required for an interrupted daily rest period.
ROG:
I personally think that the words āregular daily restā need clarifying in the case of multi-manning as I think that a 9 is the regular daily rest for that circumstance
The words āregular daily rest periodā are crystal clear in the regulations.
regular daily rest periodā means any period of rest
of at least 11 hours
As I see it 9 hours rest is the regular daily rest that can be taken for multi-manning but 11 hours rest is a regular daily rest period, and a regular daily rest period is whatās required for an interrupted daily rest period.
Fixed that for you.
Another thing to consider in relation to this is that VOSA clarified the interrupted rest period option not long after the rules changed in 2007, I remember geebee45 posting about it at the time and it was a correction to a guide VOSA had already published, maybe an early version of GV262. They pointed out that it had to be at least 11 hours rest plus the interruptions and not 11 hours between starting and ending the rest period, which supports the argument that you cannot interrupt the minimum multi-manned regular daily rest
ROG:
I personally think that the words āregular daily restā need clarifying in the case of multi-manning as I think that a 9 is the regular daily rest for that circumstance
I think it is clear already in that there is no limit to the number of times you can do it between weekly rest periods and particularly clear when you realise that when multi-manning you completely ignore Article 8.2 and use 8.5 instead. As you are ignoring 8.2 then this no longer applies to your situation -
If the portion of the daily rest period which falls within that 24 hour period is at least nine hours but less than 11 hours, then the daily rest period in question shall be regarded as a reduced daily rest period.
and therefore the 9 hours is not a reduced daily rest, which leaves it being a regular daily rest.
ROG:
His view is that you may interrupt the rest period when multi-manned but you need to take a total of at least 11 hours and not nine.
And I believe the 11 hours, plus interruptions would still have to fit into the multi-manned ādayā of 30 hours in the same way the 11 hours plus interruptions must fit into the normal 24-hour period. I donāt think you could legally do a 21 hour shift and then take 11 hours rest plus interruptions. It is possible to work to multi-manned rules and do no more than 18 - 18.5 hours in the shift which would leave enough for an interrupted rest period.
and the provisions which prescribe that under no circumstances should a daily rest period be less than an uninterrupted period of nine hours
What surprises me with that bit in red is that a driver doing a ferry crossing can have an interrupted period of less than 9 hours such as 2 rest, embark, 7 rest, disembark, 2 rest
Perhaps I have something out of context which would not surprise meā¦
ROG:
and the provisions which prescribe that under no circumstances should a daily rest period be less than an uninterrupted period of nine hours
What surprises me with that bit in red is that a driver doing a ferry crossing can have an interrupted period of less than 9 hours such as 2 rest, embark, 7 rest, disembark, 2 rest
And even less than that. On the ferry from Dublin to Holyhead for instance you are lucky to get more than 4 hours rest on board so you could have a 4 hour rest, embark, 4 hours rest, disembark, 3 hour rest.
ROG:
Perhaps I have something out of context which would not surprise meā¦
You are forgetting that European Regulations are hierarchical so what comes later overrides what was previously written, for example 8.5 overrides 8.2 for those in a specific circumstance. Article 4 (g) is therefore what matters with regard to interrupted daily rest and not paragraph 17. You also may not have noticed paragraph 18 in the preamble to the regulations which mentions appropriate provisions regarding rest being laid down for those whose operations involve ferries or trains. In other words different rules for those involved in that type of operation than those in paragraph 17 whose work does not involve ferries or trains
Another thing to consider is those early paragraphs, 1 to 37, are not really part of the regulations and are merely laying out the reason for the new regulations and in particular the points they were looking to address with the change. The regulations donāt really start until Article 1 on the 4th page. Youāll notice just before Article 1 begins it says āHAVE ADOPTED THIS REGULATION:ā which sort of draws a line between the preamble, which discusses the aims and scope of (EC) No 561/2006, and the actual articles which lay down the limits and rules on driving, breaks, rest and so forth. Anything in the actual articles will always take precedence over the opening 37 paragraphs.
delboytwo:
Hi all i,am back, everyone sits back and waits for the popcorn
just to say on this
it would have to be 11 hours rest, plus any movements as it would be the driver who drives on the ferry and as he/she is the driver at the time of the ferry crossing.cos as you all no, two drivers can not be driving at the same time as it would be very uncomfortable
I agree it would have to be 11 hours but not for the reason you say. Your reasoning is flawed in the fact one driver could drive it on the ferry and the other one drive it off.
