shep532:
A regular 45 weekly rest cannot be taken in a vehicle when away from base.
How do you know this?
My Dad told me.
The thing is my Dad was VOSA. I was manager at a haulage company and we used to argue non stop whenever we met about certain things. This was one of them. he was right of course.
The other argument at the time was daily rest. I stupidly insisted a driver could do 15 hours duty then take 11 hours rest. I stupidly missed the 24 hour bit of the legislation.
I think the problem was that if my Dad said it was one thing - I’d argue it was the opposite, was just the way we were. Unfortunately he died - I now get to argue with you lot instead.
Any rest taken as compensation for a reduced weekly rest
period shall be attached to another rest period of at least nine
hours.
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.
This is from EC Regulation 561/2006 Clicky
EDIT: dammit Paul beat me to it
I can’t find anything that requires you to take a regular weekly rest period at base/home.
I think the problem was that if my Dad said it was one thing - I’d argue it was the opposite, was just the way we were. Unfortunately he died - I now get to argue with you lot instead.
[/quote]
You can borrow my dad… give me a break, i am turning into a nervous bloody wreck
shep532:
A regular 45 weekly rest cannot be taken in a vehicle when away from base. Many do and in the UK I don’t think this is enforced but I have been told many tales of it being enforced abroad.
well that will be all of betz drivers locked up then as they are away weeks at a time. and that goes for a lot of drivers working over the water. no where in the regs does it say you can’t, it does say you can take a reduced break but it doesn’t say you can’t take a full break. in the eyes of the law if it ain’t written down in law stating you are not allowed to do it, then you can do it
shep532:
A regular 45 weekly rest cannot be taken in a vehicle when away from base. Many do and in the UK I don’t think this is enforced but I have been told many tales of it being enforced abroad.
well that will be all of betz drivers locked up then as they are away weeks at a time. and that goes for a lot of drivers working over the water. no where in the regs does it say you can’t, it does say you can take a reduced break but it doesn’t say you can’t take a full break. in the eyes of the law if it ain’t written down in law stating you are not allowed to do it, then you can do it
I have great difficulty explaining this - but the fact that reduced in a cab IS written down and regular ISN’T written down means that only a reduced CAN be taken in the vehicle. they don’t need to write the other bit.
Any rest taken as compensation for a reduced weekly rest
period shall be attached to another rest period of at least nine
hours.
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.
This is from EC Regulation 561/2006 Clicky
EDIT: dammit Paul beat me to it
I can’t find anything that requires you to take a regular weekly rest period at base/home.
the confusion is that this part talks about paying time back for a reduced weekly rest, forget about the 7 and 8 read it from start to finish. its saying you can put a compensation period onto either a 9 or a reduced break while away from home. the wording is “where a driver chooses to do this” and i thought my comprehension was bad
Any rest taken as compensation for a reduced weekly rest
period shall be attached to another rest period of at least nine
hours.
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.
This is from EC Regulation 561/2006 Clicky
EDIT: dammit Paul beat me to it
I can’t find anything that requires you to take a regular weekly rest period at base/home.
the confusion is that this part talks about paying time back for a reduced weekly rest, forget about the 7 and 8 read it from start to finish. its saying you can put a compensation period onto either a 9 or a reduced break while away from home. the wording is “where a driver chooses to do this” and i thought my comprehension was bad
The ‘where a driver chooses to do this’ doesn’t refer to No 7 above - it refers to the next part of the sentence i.e. daily rest periods and
reduced weekly rest periods away from base may be taken in a vehicle
wildfire:
it does say you can take a reduced break but it doesn’t say you can’t take a full break. in the eyes of the law if it ain’t written down in law stating you are not allowed to do it, then you can do it
If the law states that you can take a reduced rest period in a vehicle, then by implication you cannot take a full rest period in a vehicle, otherwise TPTB would not have written the word “reduced” into the legislation.
Any rest taken as compensation for a reduced weekly rest
period shall be attached to another rest period of at least nine
hours.
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.
This is from EC Regulation 561/2006 Clicky
EDIT: dammit Paul beat me to it
I can’t find anything that requires you to take a regular weekly rest period at base/home.
the confusion is that this part talks about paying time back for a reduced weekly rest, forget about the 7 and 8 read it from start to finish. its saying you can put a compensation period onto either a 9 or a reduced break while away from home. the wording is “where a driver chooses to do this” and i thought my comprehension was bad
The ‘where a driver chooses to do this’ doesn’t refer to No 7 above - it refers to the next part of the sentence i.e. daily rest periods and
reduced weekly rest periods away from base may be taken in a vehicle
Or is my comprehension even worse■■?
shep you need to read the whole of article 8 which is where the wording is taken from and that is on pages L102/6 to L102/7 in the link, its the way the paragraphs are laid out thats the confusing bit. article 8 deals with required rest by a driver and NO WHERE in article 8 does it state you are not allowed to take a 45 hr break in a vehicle. for something to be illegal then that fact has to be stated not just assumed
Any rest taken as compensation for a reduced weekly rest
period shall be attached to another rest period of at least nine
hours.
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.
This is from EC Regulation 561/2006 Clicky
EDIT: dammit Paul beat me to it
I can’t find anything that requires you to take a regular weekly rest period at base/home.
the confusion is that this part talks about paying time back for a reduced weekly rest, forget about the 7 and 8 read it from start to finish. its saying you can put a compensation period onto either a 9 or a reduced break while away from home. the wording is “where a driver chooses to do this” and i thought my comprehension was bad
The ‘where a driver chooses to do this’ doesn’t refer to No 7 above - it refers to the next part of the sentence i.e. daily rest periods and
reduced weekly rest periods away from base may be taken in a vehicle
Or is my comprehension even worse■■?
shep you need to read the whole of article 8 which is where the wording is taken from and that is on pages L102/6 to L102/7 in the link, its the way the paragraphs are laid out thats the confusing bit. article 8 deals with required rest by a driver and NO WHERE in article 8 does it state you are not allowed to take a 45 hr break in a vehicle. for something to be illegal then that fact has to be stated not just assumed
it isn’t being assumed. The sentance states a reduced weekly rest can be taken away from base in the vehicle and ends there. Because it doesn’t mention the regular weekly rest can be taken in a vehicle - then it clearly can’t.
if that sentence didn’t mention weekly rest at all - then we could take either away from base in the vehicle. As it is - it says that only the reduced can be - but without using the word only.
A driver shall take daily and weekly rest periods.
Within each period of 24 hours after the end of the
previous daily rest period or weekly rest period a driver shall
have taken a new daily rest period.
If the portion of the daily rest period which falls within that
24 hour period is at least nine hours but less than 11 hours,
then the daily rest period in question shall be regarded as a
reduced daily rest period.
A daily rest period may be extended to make a regular
weekly rest period or a reduced weekly rest period.
A driver may have at most three reduced daily rest
periods between any two weekly rest periods.
By way of derogation from paragraph 2, within 30 hours
of the end of a daily or weekly rest period, a driver engaged in
multi-manning must have taken a new daily rest period of at
least nine hours.
In any two consecutive weeks a driver shall take at least:
– two regular weekly rest periods, or
– one regular weekly rest period and one reduced weekly
rest period of at least 24 hours. However, the reduction
shall be compensated by an equivalent period of rest
taken en bloc before the end of the third week following
the week in question.
A weekly rest period shall start no later than at the end of six
24-hour periods from the end of the previous weekly rest
period.
Any rest taken as compensation for a reduced weekly rest
period shall be attached to another rest period of at least nine
hours.
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.
A weekly rest period that falls in two weeks may be
counted in either week, but not in both.
you have to read the whole not just the part, take note of paragraph 3 if that is the case as it contradicts paragraph 8, now you are allowed to take a daily rest period in your cab and also extend that to make a regular weeky rest. and this is because paragraph 8 referes back to paragraph 7. its the case of taking something out of context
I have spoken to a VOSA enforcement officer who was quite clear, you CANNOT take a full 45 hour weekly rest in your truck. This is obviously not being enforced but THAT is the LAW. It doesn’t matter how people read it thats the fact,
Fileep:
I have spoken to a VOSA enforcement officer who was quite clear, you CANNOT take a full 45 hour weekly rest in your truck. This is obviously not being enforced but THAT is the LAW. It doesn’t matter how people read it thats the fact,
I found this written into an Irish Road Transport document, so they have actually had it clarified. It was a guide from the Irish Road Transport Association. I will keep searching for it.
The VIEW I got on this from VOSA was … we would rather the driver have plenty of rest and ignore that bit … but I got the feeling that was an unofficial view
Fileep:
I have spoken to a VOSA enforcement officer who was quite clear, you CANNOT take a full 45 hour weekly rest in your truck. This is obviously not being enforced but THAT is the LAW. It doesn’t matter how people read it thats the fact,
this would kind of explain that if i’m away on a tour, when it comes to a full 45 hour weekly rest, it has to be done away from the truck, hotels for us.
Jenson Button:
Article 8.8 only refurs to daily rest periods and reduced weekly rest periods away from base - but what about a regular weekly rest period - can you take this in your cab ?
Legally you cannot take a regular weekly rest period in the cab whilst away from base, however as far as I’m aware no authority has ever enforced this either here or in any other country that the EU regulations apply to.
The legal restriction on regular weekly rest periods in the vehicle whilst away from base comes from the fact that article 8.8 of (EC) 561/2006 states that “Where a driver chooses to do this, daily rest periods and reduced weekly rest periods away from base may be taken in a vehicle”.
The fact it says that “reduced weekly rest periods” can be taken in the vehicle but makes no mention of regular weekly rest periods implies that only reduced weekly rest periods can be taken in the vehicle whilst away from base.
Article 8 deals with daily and weekly rest periods and each section of article 8 deals with separate issues concerning daily and weekly rest periods.
Article 8.8 is separate to article 8.7 which deals with the compensation for reduced weekly rest periods, otherwise they would not be in separate sections, if article 8.8 was intended to be read in conjunction with article 8.7 it would be a sub-paragraph of article 8.7 rather than a separate article section.
tachograph:
Legally you cannot take a regular weekly rest period in the cab whilst away from base, however as far as I’m aware no authority has ever enforced this either here or in any other country that the EU regulations apply to.
