8 tonne Hgv Vehicle has a small dedicated area (just bigger than a coffin) in the back unit just behind the cab, designed for a driver to take a rest. If the driver is carrying a passenger, who is not intending to drive, can passenger sleep in unit whilst vehicle is moving? I just feel uneasy with the scenario but wanted to know the official line, if there is one.
kevthrev:
8 tonne Hgv Vehicle has a small dedicated area (just bigger than a coffin) in the back unit just behind the cab, designed for a driver to take a rest. If the driver is carrying a passenger, who is not intending to drive, can passenger sleep in unit whilst vehicle is moving? I just feel uneasy with the scenario but wanted to know the official line, if there is one.
I’m not sure what the official line is, but don’t coach drivers do something similar?
Looking over the net it seems to be a grey area to say the least. Can a second driver on a double manned job take his rest in the bunk behind whilst vehicle is moving? Don’t think so.
kevthrev:
Looking over the net it seems to be a grey area to say the least. Can a second driver on a double manned job take his rest in the bunk behind whilst vehicle is moving? Don’t think so.
i,m certain he can take some aspect of his rest in a moving vehicle, wether its just a 45 i,m not sure but i think its within the law
Yes, the 45 is ok, just not the daily rest
kevthrev:
Yes, the 45 is ok, just not the daily rest
just checked on the DVSA site (i,m bored) 45 is ok but daily rest is definately not
re your question on being in the bunk in a moving vehicle then yes that definately is allowed, only stipulation on seatbelts is they must be used in a forward facing seat, so yes your mate can have a kip on the bunk without breaking the law
kevthrev:
chaversdad:
Looking over the net it seems to be a grey area to say the least. Can a second driver on a double manned job take his rest in the bunk behind whilst vehicle is moving? Don’t think so.i,m certain he can take some aspect of his rest in a moving vehicle, wether its just a 45 i,m not sure but i think its within the law
kevthrev:
Yes, the 45 is ok, just not the daily rest
It’s the difference between a break and a rest period as far as EU Drivers hours are concerned, and the 2 definitions often get confused by people especially those who argue they can’t have a break sat in an RDC as they can’t “freely dispose of their time”.
A break is any period during which a driver may not carry out any driving or any other work and which is used exclusively for recuperation. A break may be taken in a moving vehicle, provided no other work is undertaken.
A rest is an uninterrupted period where a driver may freely dispose of his time. Time spent working
in other employment or under obligation or instruction, regardless of the occupation type, cannot be
counted as rest, including work where you are self-employed.
It is correct you can take a break, in a moving vehicle, as the tacho defaults to POA, it is considered that the first 45 minutes is considered a break period, but you can’t take a Rest period in a moving vehicle, unless a ferry or train and you have access to a bunk or couchette.
However I don’t think the OP is asking about the drivers hours regulations about the sleeping while the vehicle is moving, but the traffic law regarding sleeping in a bunk whilst a vehicle is moving. As I said I know coach have a sleeping area that they use while the other is driving and I know double manning teams where one has slept on the bunk while the other drive, but not sure of the law on that.
I remember talking to a couple of British coach drivers years ago, parked up on one of the Airs In France. Their coach had a compartment just forward or behind and slightly raised above the rear axle and under the floor of the coach. This was the crew sleeping area or “Coffin” as they called it. I asked whether any of them actually used it when the vehicle was in motion, “never in a million years” was the reply, “to dangerous”!!
Not saying it will - but having an unrestrained passenger in a bunk etc not specifically designed to be occupied while the vehicle is being driven could amount to an offence under Reg 100 of the Construction & Use regs, or S40A 1988 Road Traffic Act, both of which concern themselves with the number of passengers, or the manner in which they are carried putting them at risk of injury.
Thanks guys, interesting reading