This is more about what the legislation doesn’t say, than what it does. Interpretation, if you will.
The subject is Weekly Rests, and more to the point - where one can take them.
Article 8.8 says …
Where a driver chooses to do this, daily rest periods and
reduced weekly rest periods away from base may be taken in a
vehicle, as long as it has suitable sleeping facilities for each
driver and the vehicle is stationary.
Would anyone see the argument of that paragraph “suggests” that taking a Full Weekly Rest in a vehicle wouldn’t be completely within the spirit of the legislation, or even go the full hog and believe it would be illegal to do so ?
According to that it isn’t possible to take a full weekly rest in the cab, it’s been discussed on here before a couple of times. It’s nothing to do with the spirit of the regulations as if you take that at its word it is simply not allowed. I doubt you would get done for it and if you were that worried about it there are ways round it.
Ah - “take that at it’s word” is sort of the point. It tells you what you may do, but not what you may not, so it’s only illegal by inference.
Could it not be argued (let’s say by an over zealous “company man” traffic planner ) that there’s nothing in the legislation forbidding the taking of a full weekly rest in the vehicle ?
I have no issues with it personally. I’m ugly enough to tell the guy he’s an idiot
But . . . . I’ll see if the search button is my friend.
dambuster:
Could it not be argued (let’s say by an over zealous “company man” traffic planner ) that there’s nothing in the legislation forbidding the taking of a full weekly rest in the vehicle ?
Not really because it only says you can take daily and reduced weekly rests so as it specifically mentions the type of rests you can take technically you can’t take any other type. Therefore that forbids the taking of a full weekly rest in the vehicle.
dambuster:
Could it not be argued (let’s say by an over zealous “company man” traffic planner ) that there’s nothing in the legislation forbidding the taking of a full weekly rest in the vehicle ?
Not really because it only says you can take daily and reduced weekly rests so as it specifically mentions the type of rests you can take technically you can’t take any other type. Therefore that forbids the taking of a full weekly rest in the vehicle.
It says the same thing in GV262 as it does in 561/2006 so it MUST be right
dambuster:
Could it not be argued (let’s say by an over zealous “company man” traffic planner ) that there’s nothing in the legislation forbidding the taking of a full weekly rest in the vehicle ?
Not really because it only says you can take daily and reduced weekly rests so as it specifically mentions the type of rests you can take technically you can’t take any other type. Therefore that forbids the taking of a full weekly rest in the vehicle.
That cropped up a few years ago, when I went for a job at Brian Yeardley. During the interview Pat Spamer mentioned that drivers could only do 2 weekends away and had to be home for the third. I told him he was an idiot, which he clearly is not, and I didn’t take the job offered, going to Norman Lewis instead.
10 or 12 weeks out was no problem for me then, but doubt I would do it now.
dambuster:
Could it not be argued (let’s say by an over zealous “company man” traffic planner ) that there’s nothing in the legislation forbidding the taking of a full weekly rest in the vehicle ?
Not really because it only says you can take daily and reduced weekly rests so as it specifically mentions the type of rests you can take technically you can’t take any other type. Therefore that forbids the taking of a full weekly rest in the vehicle.
That cropped up a few years ago, when I went for a job at Brian Yeardley. During the interview Pat Spamer mentioned that drivers could only do 2 weekends away and had to be home for the third. I told him he was an idiot, which he clearly is not,
Yeah he was an idiot, had he never heard of hotels?
dambuster:
Could it not be argued (let’s say by an over zealous “company man” traffic planner ) that there’s nothing in the legislation forbidding the taking of a full weekly rest in the vehicle ?
Not really because it only says you can take daily and reduced weekly rests so as it specifically mentions the type of rests you can take technically you can’t take any other type. Therefore that forbids the taking of a full weekly rest in the vehicle.
dambuster:
Could it not be argued (let’s say by an over zealous “company man” traffic planner ) that there’s nothing in the legislation forbidding the taking of a full weekly rest in the vehicle ?
Not really because it only says you can take daily and reduced weekly rests so as it specifically mentions the type of rests you can take technically you can’t take any other type. Therefore that forbids the taking of a full weekly rest in the vehicle.
dambuster:
Could it not be argued (let’s say by an over zealous “company man” traffic planner ) that there’s nothing in the legislation forbidding the taking of a full weekly rest in the vehicle ?
Not really because it only says you can take daily and reduced weekly rests so as it specifically mentions the type of rests you can take technically you can’t take any other type. Therefore that forbids the taking of a full weekly rest in the vehicle.
so then what about split daily rest then
Split daily rest is a daily rest and it clearly says you can take daily rest periods in a vehicle.
dambuster:
delboytwo:
so then what about split daily rest then
There’s no such thing
There is, one period of at least 3 hours and another of at least 9 hours.
There is, one period of at least 3 hours and another of at least 9 hours.
Just in case you missed them . . . . .
REGULATION (EC) No 561/2006:
(f) ‘rest’ means any uninterrupted period during which a
driver may freely dispose of his time;
(g) ‘daily rest period’ means the daily period during which a
driver may freely dispose of his time and covers a ‘regular
daily rest period’ and a ‘reduced daily rest period’:
– ‘regular daily rest period’ means any period of rest
of at least 11 hours. Alternatively, this regular daily
rest period may be taken in two periods, the first of
which must be an uninterrupted period of at least 3
hours and the second an uninterrupted period of at
least nine hours,
– ‘reduced daily rest period’ means any period of rest
of at least nine hours but less than 11 hours;
So we have ‘regular rest’ and ‘reduced rest’ periods. A rest taken in “two parts” is still a ‘regular daily rest period’ …[/pedant off]
There is, one period of at least 3 hours and another of at least 9 hours.
Just in case you missed them . . . . .
REGULATION (EC) No 561/2006:
(f) ‘rest’ means any uninterrupted period during which a
driver may freely dispose of his time;
(g) ‘daily rest period’ means the daily period during which a
driver may freely dispose of his time and covers a ‘regular
daily rest period’ and a ‘reduced daily rest period’:
– ‘regular daily rest period’ means any period of rest
of at least 11 hours. Alternatively, this regular daily
rest period may be taken in two periods, the first of
which must be an uninterrupted period of at least 3
hours and the second an uninterrupted period of at
least nine hours,
– ‘reduced daily rest period’ means any period of rest
of at least nine hours but less than 11 hours;
So we have ‘regular rest’ and ‘reduced rest’ periods. A rest taken in “two parts” is still a ‘regular daily rest period’ …[/pedant off]
Just in case you missed them . . . . .
Fair enough. When we get our analysis reports back and we have used a split regular daily rest, see what I did there , it says on the report Split Daily Rest Taken so that’s what I call it.
You better take cover because ROG may be along quoting from his beloved GV262 non regulations where it refers to a Split Daily Rest on page 16.
I think our analysis/infringement reports list “Split rest” too. Now. Finally. After I spit my dummy out for getting “Excessive reduced daily rest” infringements
dambuster:
I think our analysis/infringement reports list “Split rest” too. Now. Finally. After I spit my dummy out for getting “Excessive reduced daily rest” infringements
That made me laugh
I could just imagine the scene…
TM… driver you started on monday, finished on saturday and have had 5 reduced daily rests in this week
DRIVER… but 2 of them were split daily rests, I had 3 consecutive hours of break during each of those days
TM … that was break, not rest
DRIVER… but that counts for rest when doing a split daily rest
TM… no it does not and I can prove it as the software also says so
DRIVER… it says it is in the regulations
TM… what regulations !!
) that there’s nothing in the legislation forbidding the taking of a full weekly rest in the vehicle ?
