hello all, I started driving this morning at 10.30, got to the ferry terminal in Umea at 5pm. ferry leaves at 8pm and arrives in Vaasa at midnight. It shouldn’t take me more than 15 minutes to drive off and find a ■■■■■■■■■■■■, after which I shall rest until I’ve had 11 hours off alltogether. The question is, when I’ll be disembarking, I will have been on duty for more than 13 hours. But since I have to have 11 hours off, will todays split daily rest count as a 9 hour, or 11 hours rest?
I would do this one of two ways either
a. Finish your shift at 1700 on the docks and then use a ferry movement on and off of the boat. To do this though you will have to have a bunk.
b. You can go and get the ferry - Do the ferry crossing and then just go and park up. You can do this within a 15 hour shift so then just take a 9 off
no problem with the bunk, got a whole cabin.
I’m definitely going to use the split rest, not park up for 9h after disembarking but the question remains - I’ll be parked up for 11h total but my working day will be more than 13h, so will it count as a 9h or 11h daily rest?
A split rest is not a reduced rest as you would have taken 12 hours rest within your 24 hours period.
You will get 4 hours rest on the boat, then a further 10 hours rest once off of the boat within 24 hours. This is classed as a full days rest = 11 hours
I wait to be proven a complete fool now LOL
for a ferry rest if it falls outside your 13 hr day it doesn’t count as a ferry rest as you have to have a 11 hr break .And as to be done as a spit rest and a 9 hour break . as far as im aware
milodon:
hello all, I started driving this morning at 10.30, got to the ferry terminal in Umea at 5pm. ferry leaves at 8pm and arrives in Vaasa at midnight. It shouldn’t take me more than 15 minutes to drive off and find a ■■■■■■■■■■■■, after which I shall rest until I’ve had 11 hours off alltogether. The question is, when I’ll be disembarking, I will have been on duty for more than 13 hours. But since I have to have 11 hours off, will todays split daily rest count as a 9 hour, or 11 hours rest?
milodon:
I’m definitely going to use the split rest, not park up for 9h after disembarking
If you want to use the split daily rest option you would need a total rest period of at-least 12 hours not 11, that’s at-least 3 hours rest during the shift and at-least 9 hours rest after the shift.
However if I’ve understood your post correctly you will be having an interrupted daily rest period, you will be parked up at approximately 17:00 and that’s when you will start your daily rest period, you will interrupt the daily rest twice, once to board the ferry and once to disembark, these interruptions must not total more than 1 hour (that’s a total of 1 hour for both interruptions not each).
The rest period you have while waiting for the ferry is about 2½ hours you will have about 3½ to 4 hours rest on the ferry so legally you will need another 3 hours or so rest after disembarking, legally you must have a total of at-least 11 hours rest.
(To have an interrupted daily rest period you must have at-least 11 hours rest in total (not including the interruptions), you cannot have a reduced daily rest period with an interrupted daily rest period)
The answer to your question is that technically you will not be on duty for 13 hours, you will be on daily rest when waiting for the ferry and while on the ferry, and again when you park up after disembarking.
You will be working from 10:30 to 17:00, about 15 to 30 minutes to board the ferry and another 15/30 minutes to disembark and find somewhere to park up, that’s about 7½ to 8 hours working time.
Your interrupted daily rest period will not count as a reduced daily rest period, in fact legally it can’t
Hope this helps.
Tachograph I think that he could do a split rest with this ferry crossing?
If he finishes his shift when he gets on the ferry at 2000 he would have worked for 9.5 hours. He could then take the 4 hours of the crossing for the first part of the split break.
He could then start his shift again for 30 minutes to find somewhere to park up and then take a further 9 hours minimum rest. This would give him 13 hours rest within a 24 hour period. At least I think that’s right?
^^ Yes but he’s said "I’m definitely going to use the split rest, not park up for 9h after disembarking[/i]" which I assume means he doesn’t want to park up for 9 hours.
I suspect that like many people do, the OP is referring to an interrupted rest as a split rest, I could be wrong though
Surely he is doing a ferry movement therefore he starts his break at 5pm when he is in the port well within his 13 hour spread, he is then good to go at 4am in the morning plus whatever length of time his two shunts add up to. If the shunts are in total 30 minutes then he can go at 4.30am. He sets the tacho to boat mode when he drives onto the boat.
There are so many permutations like this and can be very confusing, especially when you are tired, hungry etc. It is not really black and white but the law seems to think so.
What I do know for sure is that you can’t use a ferry journey as part of a split daily rest and any rest interrupted by a ferry crossing must be at least 11 hrs as others have said.
mazzer:
Surely he is doing a ferry movement therefore he starts his break at 5pm when he is in the port well within his 13 hour spread, he is then good to go at 4am in the morning plus whatever length of time his two shunts add up to. If the shunts are in total 30 minutes then he can go at 4.30am. He sets the tacho to boat mode when he drives onto the boat.
+1
milodon:
hello all, I started driving this morning at 10.30, got to the ferry terminal in Umea at 5pm. ferry leaves at 8pm and arrives in Vaasa at midnight. It shouldn’t take me more than 15 minutes to drive off and find a ■■■■■■■■■■■■, after which I shall rest until I’ve had 11 hours off alltogether. The question is, when I’ll be disembarking, I will have been on duty for more than 13 hours. But since I have to have 11 hours off, will todays split daily rest count as a 9 hour, or 11 hours rest?
Am I missing something? How is 1030am till 5pm more than13 hours? As far as I see your rest starts at 5pm
viking7000:
What I do know for sure is that you can’t use a ferry journey as part of a split daily rest
Yes you can. Nowhere in the regulations does it say where you can or cannot have a split daily rest. Used to do it on 6 consecutive days when I was doing three return trips to Dublin in a week. at Around 4 hours on the ferry going to Dublin in the afternoon then 9-10 hours in the depot that night. On the return trip around 4 hours on the ferry in the morning and then between 9 and 11 hours at home that night. All our drivers did that on a week we were doing the Dublin run and never a problem in a check or with tacho analysis. Perfectly legal
viking7000:
What I do know for sure is that you can’t use a ferry journey as part of a reduced daily rest
FTFY
Coffeeholic:
viking7000:
What I do know for sure is that you can’t use a ferry journey as part of a split daily restYes you can. Nowhere in the regulations does it say where you can or cannot have a split daily rest. Used to do it on 6 consecutive days when I was doing three return trips to Dublin in a week. at Around 4 hours on the ferry going to Dublin in the afternoon then 9-10 hours in the depot that night. On the return trip around 4 hours on the ferry in the morning and then between 9 and 11 hours at home that night. All our drivers did that on a week we were doing the Dublin run and never a problem in a check or with tacho analysis. Perfectly legal
I am only quoting the guy who did a months course with Vosa and now advises the RSA and Irish Police on EU regs. This is what I am talking about. You ask 3 experts and get 3 different bloody answers. I hope you are right because tthat’s what I want to do. I will ask him where this is defined and report back OK.
viking7000:
Coffeeholic:
viking7000:
What I do know for sure is that you can’t use a ferry journey as part of a split daily restYes you can. Nowhere in the regulations does it say where you can or cannot have a split daily rest. Used to do it on 6 consecutive days when I was doing three return trips to Dublin in a week. at Around 4 hours on the ferry going to Dublin in the afternoon then 9-10 hours in the depot that night. On the return trip around 4 hours on the ferry in the morning and then between 9 and 11 hours at home that night. All our drivers did that on a week we were doing the Dublin run and never a problem in a check or with tacho analysis. Perfectly legal
I am only quoting the guy who did a months course with Vosa and now advises the RSA and Irish Police on EU regs. This is what I am talking about. You ask 3 experts and get 3 different bloody answers. I hope you are right because tthat’s what I want to do. I will ask him where this is defined and report back OK.
As Coffeeholic said you can have an interrupted daily rest period to board/disembark ferries while having a split daily rest period, it’s not written in the regulations but it is written in one of the EUs guidance notes
Issue:[/b] 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.
In case of a regular daily rest taken in two periods, the first of which must be of at least 3
hours and the second of at least 9 hours (as stipulated in Article 4(g)), the number of
interruptions (maximum two) concerns the whole period of daily rest and not each part of a
regular daily rest taken in two periods.
The derogation under Article 9(1) does not apply to a weekly rest period, whether reduced or
regular.
[/quote]
My bad as I did not explain the question to him properly. He said, as you guys stated, use a ferry crossing as part of a split break as long as you get minimum 3 hrs uninterupted rest then take 9 hrs later. You can not have a reduced rest and must add the interuption time on to your 11 hrs rest. Of course this must all be within 24 hrs of the previous daily/weekly rest period.
switchlogic:
Am I missing something? How is 1030am till 5pm more than13 hours? As far as I see your rest starts at 5pm
the problem with my original question was that if you interrupt your rest to drive on and off the ferry, do those interruptions count as a part of your working day or not? It took me about 35 minutes to drive on and off the ferry, so started the day from the port of Vaasa at 4.45am, 11 hours rest completed.
right now waiting in the port of Helsinki to embark the ferry to Stockholm, 18 hours of sailing so no worries there
milodon:
switchlogic:
Am I missing something? How is 1030am till 5pm more than13 hours? As far as I see your rest starts at 5pmthe problem with my original question was that if you interrupt your rest to drive on and off the ferry, do those interruptions count as a part of your working day or not?
No because when you get to the port and after booking on and parking up to wait for embarkation you begin your daily rest and therefore end your working day.
ok, that’s all clear then. although I’ve thought so as well, I did read something on here to the lines of “the ferry interruptions must be within your 15hr day” that made me think different.