JB:
If you think Im camping at the side of the motor in ashfordski harry you have been hitting the diamond white a bit hard Pmsl. Im now in the French connection up the road having a shandy… Does that count? Because Im going to have trouble sleeping knowing Im an outlaw lawbreaker…
No, I don’t think you should, but this is what the law says.
Article 8
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.
Note that by specifying that reduced weekly rest periods can be taken in a vehicle, by implication non-reduced rest periods cannot be. Therefore this weekend you can only be taking a reduced rest, regardless of how long you are there.
JB:
If you think Im camping at the side of the motor in ashfordski harry you have been hitting the diamond white a bit hard Pmsl. Im now in the French connection up the road having a shandy… Does that count? Because Im going to have trouble sleeping knowing Im an outlaw lawbreaker…
No, I don’t think you should, but this is what the law says.
Article 8
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.
Note that by specifying that reduced weekly rest periods can be taken in a vehicle, by implication non-reduced rest periods cannot be. Therefore this weekend you can only be taking a reduced rest, regardless of how long you are there.
the trouble is you cannot take any thing by implication, as far as i can see nowhere does it say you cannot take a full weekly rest in your truck only that you can take a reduced. so if it went to court and the vosa or whoever where asked by the judge"where does it say he i.e. the driver cannot take his weekly break in the truck" they would have to say “it doesn’t” so no case to answer.
there are plenty of rules at state you cannot do ect, but in this case i can’t find one stating “you cannot take a full weekly rest in a cab”
wildfire:
the trouble is you cannot take any thing by implication, as far as i can see nowhere does it say you cannot take a full weekly rest in your truck only that you can take a reduced. so if it went to court and the vosa or whoever where asked by the judge"where does it say he i.e. the driver cannot take his weekly break in the truck" they would have to say “it doesn’t” so no case to answer.
there are plenty of rules at state you cannot do ect, but in this case i can’t find one stating “you cannot take a full weekly rest in a cab”
i wait to be proved wrong
Happy to oblige. It doesn’t have to say you cannot because by specifying want can be done anything not listed as allowed is therefore not allowed.
So if it went to court and VOSA or whoever were asked by the judge, “Where does it say he, the driver, cannot take his weekly rest in the truck” they would have to say, “Article 8 (8) lists the only rest periods can be taken in the truck your honour and unfortunately for the defendant a regular weekly rest period isn’t one of them.” The judge, while draping a black cloth over his wig, would then turn to the so-called professional and say, “Have you anything to say for yourself before I pass sentence and condemn your sorry ■■■?”
wildfire:
the trouble is you cannot take any thing by implication, as far as i can see nowhere does it say you cannot take a full weekly rest in your truck only that you can take a reduced. so if it went to court and the vosa or whoever where asked by the judge"where does it say he i.e. the driver cannot take his weekly break in the truck" they would have to say “it doesn’t” so no case to answer.
there are plenty of rules at state you cannot do ect, but in this case i can’t find one stating “you cannot take a full weekly rest in a cab”
i wait to be proved wrong
Happy to oblige. It doesn’t have to say you cannot because by specifying want can be done anything not listed as allowed is therefore not allowed.
So if it went to court and VOSA or whoever were asked by the judge, “Where does it say he, the driver, cannot take his weekly rest in the truck” they would have to say, “Article 8 (8) lists the only rest periods can be taken in the truck your honour and unfortunately for the defendant a regular weekly rest period isn’t one of them.” The judge, while draping a black cloth over his wig, would then turn to the so-called professional and say, “Have you anything to say for yourself before I pass sentence and condemn your sorry ■■■?”
I hope this helps.
having read through the act all but fairly quickly i cannot see anywhere in it where it states where you have to take your weekly rest.
it just states you have to be able to freely dispose of your time. if i have missed it please point it out. article 8(8) is worded on the asumption that you are away from base and done 6 days work if you read the 2 previous paragraphs
wildfire:
having read through the act all but fairly quickly i cannot see anywhere in it where it states where you have to take your weekly rest.
it just states you have to be able to freely dispose of your time. if i have missed it please point it out. article 8(8) is worded on the asumption that you are away from base and done 6 days work if you read the 2 previous paragraphs
Indeed, and that is exactly what is under discussion here, taking rest while away from base and in a vehicle.
You are correct that the regulations do not state where you have to take your weekly rest but they do make a statement which limits where certain types of rest may be taken.
Article 8(8) states which rest periods are allowed to be taken in a vehicle and therefore it is only those rest which can be taken there. Also note Article 8(8) does not make any assumption regarding how many days you have worked, that’s Article 8 (6) which just deals with weekly rest while 8(8) covers weekly and daily. Article 8(8) applies whether you have done 1 day or 6.
If anyone should disagree with said Mr Coffeholic then they should contact their Local Enforcement office(vosa), I did this and they confirmed that said Mr Coffeholic was spot on. I was suprised at this answer also!
Edit: I wasn’t suprised he was correct, it was that you could not take a full weekly rest period in a truck!
Fileep:
If anyone should disagree with said Mr Coffeholic then they should contact their Local Enforcement office(vosa), I did this and they confirmed that said Mr Coffeholic was spot on. I was suprised at this answer also!
Edit: I wasn’t suprised he was correct, it was that you could not take a full weekly rest period in a truck!
Fileep:
If anyone should disagree with said Mr Coffeholic then they should contact their Local Enforcement office(vosa), I did this and they confirmed that said Mr Coffeholic was spot on. I was suprised at this answer also!
Edit: I wasn’t suprised he was correct, it was that you could not take a full weekly rest period in a truck!
You have learned well, Grasshopper…
Hi mate, so what’s your compensation ? if you take 45 off.
Fileep:
If anyone should disagree with said Mr Coffeholic then they should contact their Local Enforcement office(vosa), I did this and they confirmed that said Mr Coffeholic was spot on. I was suprised at this answer also!
Edit: I wasn’t suprised he was correct, it was that you could not take a full weekly rest period in a truck!
You have learned well, Grasshopper…
Hi mate, so what’s your compensation ? if you take 45 off.
First I’ve heard of this TBH.
Edited.
If you have a 45 hour weekly rest no compensation is required. If you take 45 hours off it is automatically a regular weekly rest as per the definitions in the regulations. You can’t take 45 or more hours and then say it was a reduced rest, unless enough of it is compensation for a previous reduction.
Fileep:
If anyone should disagree with said Mr Coffeholic then they should contact their Local Enforcement office(vosa), I did this and they confirmed that said Mr Coffeholic was spot on. I was suprised at this answer also!
Edit: I wasn’t suprised he was correct, it was that you could not take a full weekly rest period in a truck!
You have learned well, Grasshopper…
Hi mate, so what’s your compensation ? if you take 45 off.
First I’ve heard of this TBH.
Edited.
If you have a 45 hour weekly rest no compensation is required. If you take 45 hours off it is automatically a regular weekly rest as per the definitions in the regulations. You can’t take 45 or more hours and then say it was a reduced rest, unless enough of it is compensation for a previous reduction.
So it’s a reduced rest in name only ?
Sort of defeats the purpose, saying you can only take a reduced rest in the cab, but it’s still a full 45.
Fileep:
If anyone should disagree with said Mr Coffeholic then they should contact their Local Enforcement office(vosa), I did this and they confirmed that said Mr Coffeholic was spot on. I was suprised at this answer also!
Edit: I wasn’t suprised he was correct, it was that you could not take a full weekly rest period in a truck!
You have learned well, Grasshopper…
Hi mate, so what’s your compensation ? if you take 45 off.
First I’ve heard of this TBH.
Edited.
If you have a 45 hour weekly rest no compensation is required. If you take 45 hours off it is automatically a regular weekly rest as per the definitions in the regulations. You can’t take 45 or more hours and then say it was a reduced rest, unless enough of it is compensation for a previous reduction.
So it’s a reduced rest in name only ?
Sort of defeats the purpose, saying you can only take a reduced rest in the cab, but it’s still a full 45.
You miss the point, you cannot legally take a 45 in the cab which means you cannot spend a 45 hour rest sleeping in the vehicle, you would need to go elsewhere such as a hotel.
Fileep:
If anyone should disagree with said Mr Coffeholic then they should contact their Local Enforcement office(vosa), I did this and they confirmed that said Mr Coffeholic was spot on. I was suprised at this answer also!
Edit: I wasn’t suprised he was correct, it was that you could not take a full weekly rest period in a truck!
You have learned well, Grasshopper…
Hi mate, so what’s your compensation ? if you take 45 off.
First I’ve heard of this TBH.
Edited.
If you have a 45 hour weekly rest no compensation is required. If you take 45 hours off it is automatically a regular weekly rest as per the definitions in the regulations. You can’t take 45 or more hours and then say it was a reduced rest, unless enough of it is compensation for a previous reduction.
So it’s a reduced rest in name only ?
Sort of defeats the purpose, saying you can only take a reduced rest in the cab, but it’s still a full 45.
You miss the point, you cannot legally take a 45 in the cab which means you cannot spend a 45 hour rest sleeping in the vehicle, you would need to go elsewhere such as a hotel.
Gotcha.
Cheers didn’t take it all in.
Strange as I just hadn’t come across this before, then again…
Fileep:
If anyone should disagree with said Mr Coffeholic then they should contact their Local Enforcement office(vosa), I did this and they confirmed that said Mr Coffeholic was spot on. I was suprised at this answer also!
Edit: I wasn’t suprised he was correct, it was that you could not take a full weekly rest period in a truck!
You have learned well, Grasshopper…
Hi mate, so what’s your compensation ? if you take 45 off.
First I’ve heard of this TBH.
Edited.
If you have a 45 hour weekly rest no compensation is required. If you take 45 hours off it is automatically a regular weekly rest as per the definitions in the regulations. You can’t take 45 or more hours and then say it was a reduced rest, unless enough of it is compensation for a previous reduction.
So it’s a reduced rest in name only ?
Sort of defeats the purpose, saying you can only take a reduced rest in the cab, but it’s still a full 45.
You miss the point, you cannot legally take a 45 in the cab which means you cannot spend a 45 hour rest sleeping in the vehicle, you would need to go elsewhere such as a hotel.
so if that is the case no 45 in cab what happens to those drivers that are away weeks on end and i know our foriegn brother don’t take any notice of this fact, is it one of those rules that is not inforceable. there is one company nr london that has several drivers that live in thier trucks full time, when i was inbetween houses i lived in my truck so technically i was breaking the law then