Legal Test Case Clarifies Ferry Rest Periods

4aaaa4dd:
I arrive at Calais get in lane and put my truck on ferry break … I drive on the ferry and at dover drive off and continue my 11hr break in Folkestone … been doing it for years and ive never had a problem with vosa when they stop me only had a problem when I didn’t have enough driving time left to get me to Folkestone in my two movements ? I think what we have here are people just making arguments for the sake of arguments and lets face it its illegal to smoke in trucks but ive never seen anyone get arrested for it…

The gendarmes will & “do” prosecute for exactly what you do. Just because you’ve got away with it doesn’t mean it’s right. It’s your choice wether to risk it.

4aaaa4dd:
for the sake of arguments and lets face it its illegal to smoke in trucks but ive never seen anyone get arrested for it…

Smoking in trucks, in the UK, is a civil offence enforced by council officials.
The police are very unlikely to arrest you for that alone. They’ll add it to anything else they charge you with though.
It’s been reported that these police trucks that video truck drivers include smoking, along with no seat belt, eating or drinking or any other infraction they spot. That is what they are tasked with though, catching us doing mainly small pointless stuff that harms no-one but has the potential to.

turnip:

4aaaa4dd:
I arrive at Calais get in lane and put my truck on ferry break … I drive on the ferry and at dover drive off and continue my 11hr break in Folkestone … been doing it for years and ive never had a problem with vosa when they stop me only had a problem when I didn’t have enough driving time left to get me to Folkestone in my two movements ? I think what we have here are people just making arguments for the sake of arguments and lets face it its illegal to smoke in trucks but ive never seen anyone get arrested for it…

The gendarmes will & “do” prosecute for exactly what you do. Just because you’ve got away with it doesn’t mean it’s right. It’s your choice wether to risk it.

Well they stopped me often enought and never said a thing about it ? But your in the know it must be because they are so friendly towards us Brit drivers that they never fined me eh ■■?

4aaaa4dd:

turnip:

4aaaa4dd:
I arrive at Calais get in lane and put my truck on ferry break … I drive on the ferry and at dover drive off and continue my 11hr break in Folkestone … been doing it for years and ive never had a problem with vosa when they stop me only had a problem when I didn’t have enough driving time left to get me to Folkestone in my two movements ? I think what we have here are people just making arguments for the sake of arguments and lets face it its illegal to smoke in trucks but ive never seen anyone get arrested for it…
[/quote

Well they stopped me often enought and never said a thing about it ? But your in the know it must be because they are so friendly towards us Brit drivers that they never fined me eh ■■?

The gendarmes will & “do” prosecute for exactly what you do. Just because you’ve got away with it doesn’t mean it’s right. It’s your choice wether to risk it.

You’ve got your post mixed up in the quote.

I shall attempt to clarify the position. I cannot find reference to a test case. However, since the end of 2011, the EU have been running a review of EC 561 and EEC 3821. This is not to change the regs but to standardise their implementation across the EU. For example how POA is viewed on the continent and here.

This was supported by a body called CORTE Confederation of Organisations in Road Transport and which reported earlier this year called TRACE. The TRACE report is on the web.

One of its many references was to the driving time incurred during Ferry Interruptions. The problem was this. A driver could take off 13 hours for example with 2 interruptions and still be legal. But what if one of those interruptions was AFTER the 9 hour point. It would appear that the driver had taken a reduced Daily Rest but wished it to be classes as a regular by invoking the Ferry Rule. Therefore which day was the interruption driving allocated to?

The answer produced was neither as the software on analysis would be unable to allocate it the way the driver wanted it to be allocated. However there was no doubt which week / fortnight it took place in.

Hope that helps.

Well that was interesting reading :confused:
In my experience, the DOVER / CALAIS crossing is NOT legal to use as a ferry rest period.

However, having worked for many an unscrupulous operator, I have done the end shift dover 21.00 / start Calais 06.00 cet. though I doubt said operators could produce said charts lol.

An unofficial vosa source told me providing all other driving/duty/ breaks were in order then it would be unlikely to incur prosecution, YEAH RIGHT!!!

But you can guarantee our European cousins will gladly relieve you of anywhere between 200 to 2000 euro for it…

During my time as a Transport Manager, my advice to my drivers was, If you cant cross and park within 15hrs then don’t. the delay and fine is not worth it…

Whatever you do. Be Careful Out There…

jessicas dad:

4aaaa4dd:

You’ve got your post mixed up in the quote.

I’ve fixed it for him. :wink: :smiley:

dieseldave:

4aaaa4dd:

ROG:
I assume you mean rest and not break?

How can you record rest on the dover-calais ferry? - do they have bunks for you to use?

yes you not been on the ferry then ■■?..

It might be that you’re not sure of the definitions and conditions of ‘rest’ and ‘break.’

They are two completely different things.

The Dover - Calais ferry cannot be used for rest, if it doesn’t have bunks or couchettes available.
It’s well known that a driver is not allowed to stay in their cab during the crossing.

It’s irrelevant that some people do actually get away with staying in their cabs if you’re stop-checked by Police/VOSA, because they know that a ‘rest’ cannot be taken on that crossing if it doesn’t have bunks or couchettes available.

And yes, I’ve been on many ferries in my 10 years as a Euro tramper, some of which can be used as rest.
(Not normally Dov - Cal though, cos you can usually only have a ‘break’ on that crossing.)

I’ll learn something if one of the current Euro drivers tells me that there are bunks/couchettes on a Dov - Cal ferry these days.

I do the Dover-Calais route twice a week so I’ll answer this as no one else has. There are no bunks on that crossing CLEAR, GET-IT :unamused:
How do I know? If there was, you would be given a cabin ticket, you’re not.
On MY Ferrys its hard enough finding the drivers lounge never mind looking for a cabin, DFDS is the same.
As for P&O. I haven’t been on the new ships yet but I doubt they have any. Lets face it… if you were P&O would you want to be changing beds every ■■■■■■■ 90minutes with a 30 minute turn around. nah neither would I. :unamused:
So any dim-wit recording a ship movement on that crossing would be better off just pulling the pin on driving and get a job in Tesco’s.

Correct !

Definition of a couchette !

thefreedictionary.com/couchette

You do not get one on Dover/Calais

3 definitions of a bunk or couchette…

untitled.png
A man sleeping on a sofa !

I can’t find anything in the regs on to enlighten me, can I use ferry mode into a weekly rest, or can I only commence said rest period once properly parked up?

cracker-bar:
I can’t find anything in the regs on to enlighten me, can I use ferry mode into a weekly rest, or can I only commence said rest period once properly parked up?

You can interrupt a regular daily rest period to board or disembark a ferry/train, but you cannot interrupt a weekly rest period, so your weekly rest period would need to be taken either before or after the ferry journey.

Cheers, I thought as much, but couldn’t find anything to clarify it.

peter s:

dieseldave:

4aaaa4dd:

ROG:
I assume you mean rest and not break?

How can you record rest on the dover-calais ferry? - do they have bunks for you to use?

yes you not been on the ferry then ■■?..

I’ll learn something if one of the current Euro drivers tells me that there are bunks/couchettes on a Dov - Cal ferry these days.

I do the Dover-Calais route twice a week so I’ll answer this as no one else has. There are no bunks on that crossing CLEAR, GET-IT :unamused:
How do I know? If there was, you would be given a cabin ticket, you’re not.
On MY Ferrys its hard enough finding the drivers lounge never mind looking for a cabin, DFDS is the same.
As for P&O. I haven’t been on the new ships yet but I doubt they have any. Lets face it… if you were P&O would you want to be changing beds every [zb] 90minutes with a 30 minute turn around. nah neither would I. :unamused:
So any dim-wit recording a ship movement on that crossing would be better off just pulling the pin on driving and get a job in Tesco’s.

The law clearly states, (I don’t have time to look it up and paste a link, but if you want to!! Feel free)

You must be ALLOCATED a bunk or couchette!
The prime word here is ALLOCATED.

I forgot to mention, the new Dover - Calais ships (P&O) have about 5-6 couchettes that are not allocated.!

So… unless your not hungry, don’t need a shower and are one of the first trucks to board the boat, forget about it.

Outandabout:
The law clearly states, (I don’t have time to look it up and paste a link, but if you want to!! Feel free)

You must be ALLOCATED a bunk or couchette!
The prime word here is ALLOCATED.

I’m probably being a bit pedantic but the regulations state you must have access to a bunk or couchette it says nothing about being allocated one.

Article 9 - (EC) 561/2006

  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.

tachograph:

cracker-bar:
I can’t find anything in the regs on to enlighten me, can I use ferry mode into a weekly rest, or can I only commence said rest period once properly parked up?

You can interrupt a regular daily rest period to board or disembark a ferry/train, but you cannot interrupt a weekly rest period, so your weekly rest period would need to be taken either before or after the ferry journey.

I hadn’t seen this post before today but if the crossing was long enough you could take your weekly rest on board. I’ve done crossing of between 24 and 36 hours before now, Newcastle - Bergen, Felixstowe to Gothenburg, Harwich to Bremmerhaven for instance, and used them for a weekly rest period with no issues.

That is correct coffee. If the journey was long enough to my knowledge you can take a 45 hour break on board.

Tacho,
Sorry I was sure it stated ALLOCATED, anyway in lay mans terms how many boats are out there with 100 - 200 couchettes? Not to many I guess, and as was pointed out to me some years ago by a police officer unless your personally allocated a bunk or couchette the split break rule doesn’t apply. Maybe that’s where I got the ALLOCATED word from.

Coffeeholic:

tachograph:

cracker-bar:
I can’t find anything in the regs on to enlighten me, can I use ferry mode into a weekly rest, or can I only commence said rest period once properly parked up?

You can interrupt a regular daily rest period to board or disembark a ferry/train, but you cannot interrupt a weekly rest period, so your weekly rest period would need to be taken either before or after the ferry journey.

I hadn’t seen this post before today but if the crossing was long enough you could take your weekly rest on board. I’ve done crossing of between 24 and 36 hours before now, Newcastle - Bergen, Felixstowe to Gothenburg, Harwich to Bremmerhaven for instance, and used them for a weekly rest period with no issues.

My point was that you can’t interrupt a weekly rest period, but fair enough if the ferry journey is long enough to have a weekly rest period you could have it on the ferry.

I do the Dover-Calais route twice a week so I’ll answer this as no one else has. There are no bunks on that crossing CLEAR, GET-IT :unamused:
How do I know? If there was, you would be given a cabin ticket, you’re not.
On MY Ferrys its hard enough finding the drivers lounge never mind looking for a cabin, DFDS is the same.
As for P&O. I haven’t been on the new ships yet but I doubt they have any. Lets face it… if you were P&O would you want to be changing beds every [zb] 90minutes with a 30 minute turn around. nah neither would I. :unamused:
So any dim-wit recording a ship movement on that crossing would be better off just pulling the pin on driving and get a job in Tesco’s.

The law clearly states, (I don’t have time to look it up and paste a link, but if you want to!! Feel free)

You must be ALLOCATED a bunk or couchette!
The prime word here is ALLOCATED.
[/quote]
Could I suggest that you “find the time” to study the reg’s as so far you seem to be getting everything mixed up, like the above split breaks and split daily rest comment.