Is this example legal?
Start at 0700
4 hour break
Drive to ferry & book off at 2100
Rest till 0700
Interrupt rest to board ferry
Back on rest till 1300
Book back on
Sent from my iPhone using Tapatalk
Is this example legal?
Start at 0700
4 hour break
Drive to ferry & book off at 2100
Rest till 0700
Interrupt rest to board ferry
Back on rest till 1300
Book back on
Sent from my iPhone using Tapatalk
I would say that it is legal however your card will have started at 7 in the morning when you boarded the ferry because the previous evening you finished at 2100 and to be able to carry out a ferry movement you would have needed to have been at the ferry within 13 hours i.e. 20.00 or before. The previous days rest will count as an 11 as you had 3+ hours and then 9 hours off, hope this helps stand to be corrected if wrong, however use this movement a lot and have not had a problem since 2010
Indeed but as I had a 3+ hour break during the day I in fact only done a 13 hour day. However I’m still not convinced. My boss thinks I’m legal so let’s see what happens if I get stopped or when he downloads my data
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superscaniaV8:
Indeed but as I had a 3+ hour break during the day I in fact only done a 13 hour day. However I’m still not convinced. My boss thinks I’m legal so let’s see what happens if I get stopped or when he downloads my dataSent from my iPhone using Tapatalk
I had the same thing happen had a 3 hour break during the day, on getting back into the lorry to get off the ferry the head said my break was complete even though I was still an hour short of the 11 hours, drove it on, then got stopped at Dunkirk checkpoint on the A2 VOSA man said I should have had 11 hours. I explained that the head had said that I had had enough break, he stated that any movement involving a ferry the break must be 11 hours. He also stated don’t believe everything the head tells you got off with it as he felt it was a genuine error and he said I didn’t look tired, a good attitude goes a long way
Unless I’m very much mistaken then I believe the rules state you can only interrupt a full daily rest period, but not a reduced rest period to do a ferry or train move.
The regs also treat a split daily rest as a full daily rest period as you will have had a minimum of 12 hours rest.
Therefore IMHO you are perfectly legal in what you did, the move on at 07:00 will be counted as a ferry move and you will have completed your rest period (16 hours less the actual ferry move time) when you booked on at 13:00
I have done exactly the same type of breaks and ferry moves on numerous occasions and never had a problem with VOSA or French Control.
superscaniaV8:
Is this example legal?
Start at 0700
4 hour break
Drive to ferry & book off at 2100
Rest till 0700
Interrupt rest to board ferry
Back on rest till 1300
Book back on
You can interrupt a split daily rest period to board a ferry, however as only rest that falls within the period of 24 hours from the start of the shift counts towards the daily rest period the interruption to board the ferry would need to be completed before 07:00.
So realistically you would need to be on the ferry with the tachograph back on rest no later than 06:59, I suppose a minute or two earlier would be preferable but 06:59 is the latest.
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tachograph:
superscaniaV8:
Is this example legal?
Start at 0700
4 hour break
Drive to ferry & book off at 2100
Rest till 0700
Interrupt rest to board ferry
Back on rest till 1300
Book back onYou can interrupt a split daily rest period to board a ferry, however as only rest that falls within the period of 24 hours from the start of the shift counts towards the daily rest period the interruption to board the ferry would need to be completed before 07:00.
So realistically you would need to be on the ferry with the tachograph back on rest no later than 06:59, I suppose a minute or two earlier would be preferable but 06:59 is the latest.
Sent from my mobile.
His 24 hour period was up at 07.00 on the morning he boarded the ferry, he arrived at the ferry at 21.00 therefore 11 hours plus the time he took to get onto the ferry takes him over his 24 hour period. You have to be at the port within 13 hours of starting and if you know it will take 30 minutes to get on the ferry then you have to be there at the 12.30 point otherwise you will not get the 11 hours rest within the 24 hour period, it is getting the rest in within the 24 hour period that catches people, a sympathetic ministry man may overlook if it is obvious you have had plenty of rest as he will have in this case but technically his movement onto the ferry is in a fresh 24 hour period
Mazzer2:
tachograph:
superscaniaV8:
Is this example legal?
Start at 0700
4 hour break
Drive to ferry & book off at 2100
Rest till 0700
Interrupt rest to board ferry
Back on rest till 1300
Book back onYou can interrupt a split daily rest period to board a ferry, however as only rest that falls within the period of 24 hours from the start of the shift counts towards the daily rest period the interruption to board the ferry would need to be completed before 07:00.
So realistically you would need to be on the ferry with the tachograph back on rest no later than 06:59, I suppose a minute or two earlier would be preferable but 06:59 is the latest.
His 24 hour period was up at 07.00 on the morning he boarded the ferry
I agree.he arrived at the ferry at 21.00 therefore 11 hours plus the time he took to get onto the ferry takes him over his 24 hour period. You have to be at the port within 13 hours of starting
No you don’t, the fact that he had a split daily rest period means that the last part of the split regular daily rest period has to be at-least 9 hours.
In the case of a driver interrupting a split daily rest period the the maximum number of interruptions (which is two) concerns the whole split regular daily rest period and not each part.
Assuming the DVSA comply withy EU guidelines the DVSA bod who told you that you had to have 11 consecutive hours rest even when interrupting a split regular daily rest period was wrong.
tachograph:
Mazzer2:
tachograph:
superscaniaV8:
Is this example legal?
Start at 0700
4 hour break
Drive to ferry & book off at 2100
Rest till 0700
Interrupt rest to board ferry
Back on rest till 1300
Book back onYou can interrupt a split daily rest period to board a ferry, however as only rest that falls within the period of 24 hours from the start of the shift counts towards the daily rest period the interruption to board the ferry would need to be completed before 07:00.
So realistically you would need to be on the ferry with the tachograph back on rest no later than 06:59, I suppose a minute or two earlier would be preferable but 06:59 is the latest.
His 24 hour period was up at 07.00 on the morning he boarded the ferry
I agree.he arrived at the ferry at 21.00 therefore 11 hours plus the time he took to get onto the ferry takes him over his 24 hour period. You have to be at the port within 13 hours of starting
No you don’t, the fact that he had a split daily rest period means that the last part of the split regular daily rest period has to be at-least 9 hours.In the case of a driver interrupting a split daily rest period the the maximum number of interruptions (which is two) concerns the whole split regular daily rest period and not each part.
Assuming the DVSA comply withy EU guidelines the DVSA bod who told you that you had to have 11 consecutive hours rest even when interrupting a split regular daily rest period was wrong.
Think we are at crossed wires here about the break earlier in the day from what he has posted he says he had 3 + hours off during the day then carried out the rest of his days work before getting to the port at 21.00. If he was to then take a 9 hour break with no interruptions then yes that is classed as an 11 however when interrupting your break to get on a ferry regardless of what time off you have had during the day the period from arrival at the port to you starting again has to be 11 hours unless from his 3+ hour break his drive to the ferry was under an hour and so can be classed as a shunt. He clearly states that he did not book off until 21.00 which means an 11 hour break and shunt would have taken him past 08.00 and so out of his 24 hour period. When getting on and off a ferry you are not having a split break you are interrupting your break to get on and off the ferry.
Did you read the article I linked to ?
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tachograph:
Did you read the article I linked to ?Sent from my mobile.
Aye I fully understand the rules and that you do not have to have 11 hours uninterrupted i.e. 2hours rest 10 mins movement 7 hours rest 10 mins movement and then a further 2 hours rest. The VOSA man was not saying that I should have had 11 hours uninterrupted, I drove it on because the head said that I had taken sufficient break which in this case was 9 hours interrupted once to get on the ferry, to have kept it legal I should have had another hour when I came off in Holyhead to take it to 11 hours in total, but the reason the head said that I had had sufficient break was due to the fact that earlier in the day I had spent 3+ hours on a bay getting loaded and then drove for 1 hour 30 to get to the port and then started my break on arrival at the port, the head automatically reduced the required break to 9 hours even though it should have been 11.
In the OP’s case if I had done what he did using my head if I had pressed the ferry mode on arrival at the port of would have flagged up an infringement as I was outside the 13 hours and on boarding the ferry in the morning as I would have had over 9 hours off it would start my 15 hour spread over as I drove onto the boat I have a Stoneridge exact duo fitted and if you do the movements right it does not throw up an infringement like the old ones used to
Saying 11 consecutive hours rest was bad phrasing on my part.
The point is that the second part of the OPs daily rest period only had to be 9 hours plus the time for boarding the ferry, therefore he did not have to be at the ferry port by 20:00 as you suggested.
There’s nothing to stop a driver interrupting a 9 hour rest period if it’s the second part of a regular daily rest period.
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tachograph:
Saying 11 consecutive hours rest was bad phrasing on my part.The point is that the second part of the OPs daily rest period only had to be 9 hours plus the time for boarding the ferry, therefore he did not have to be at the ferry port by 20:00 as you suggested.
There’s nothing to stop a driver interrupting a 9 hour rest period if it’s the second part of a regular daily rest period.
Sent from my mobile.
I take your point but I’ll keep taking the 11, at roadside checks the ferry movement seem to cause enough confusion as it is amongst the less knowledgeable VOSA officers so don’t really want to throw another spanner in the works, the last one to stop me didn’t have a clue and thought she was going to be dishing out record fines until her oppo explained to her that all was perfectly above board
Mazzer2:
tachograph:
Saying 11 consecutive hours rest was bad phrasing on my part.The point is that the second part of the OPs daily rest period only had to be 9 hours plus the time for boarding the ferry, therefore he did not have to be at the ferry port by 20:00 as you suggested.
There’s nothing to stop a driver interrupting a 9 hour rest period if it’s the second part of a regular daily rest period.
Sent from my mobile.
I take your point but I’ll keep taking the 11, at roadside checks the ferry movement seem to cause enough confusion as it is amongst the less knowledgeable VOSA officers so don’t really want to throw another spanner in the works, the last one to stop me didn’t have a clue and thought she was going to be dishing out record fines until her oppo explained to her that all was perfectly above board
^^^^^^^^^^^^^^^^^^^^^^^
therin lies the problem if your arguing the toss with the vosa pleb.
its the same for plod and such as they really dont like to contradict the divvy thats arguing with you unless its well obvious there in the wrong.
possibly shes related to that A2 coroner wifey?
dieseldog999:
Mazzer2:
tachograph:
Saying 11 consecutive hours rest was bad phrasing on my part.The point is that the second part of the OPs daily rest period only had to be 9 hours plus the time for boarding the ferry, therefore he did not have to be at the ferry port by 20:00 as you suggested.
There’s nothing to stop a driver interrupting a 9 hour rest period if it’s the second part of a regular daily rest period.
Sent from my mobile.
I take your point but I’ll keep taking the 11, at roadside checks the ferry movement seem to cause enough confusion as it is amongst the less knowledgeable VOSA officers so don’t really want to throw another spanner in the works, the last one to stop me didn’t have a clue and thought she was going to be dishing out record fines until her oppo explained to her that all was perfectly above board
^^^^^^^^^^^^^^^^^^^^^^^
therin lies the problem if your arguing the toss with the vosa pleb.
its the same for plod and such as they really dont like to contradict the divvy thats arguing with you unless its well obvious there in the wrong.
possibly shes related to that A2 coroner wifey?
Funnily enough it was the Dunkirk checkpoint on the A2 so was perhaps it was her sister
I have never had or come anyone that had a problem with ferry interruption on a split rest cos it’s all good as Tacho points out.
I have had the odd ‘We will let you off just this time but don’t bla…bla…bla…” with other issues when in fact all it was perfectly legit so I assume the officer didn’t really know their stuff and knew a prosecution could well backfire on them.
It was not charity on their behalf I suspect.