When taking the 3 hour part of a split daily rest, do I need to have access to the bunk in lorry or can I be sat in a waiting area for those 3 hours?
Good question.If stopped by the Dvsa or Police and they saw a three hour break , how would they know or prove if you were on the bunk or in a waiting room ?
gurj254:
When taking the 3 hour part of a split daily rest, do I need to have access to the bunk in lorry or can I be sat in a waiting area for those 3 hours?
Access to bunk.
Left hand down!:
gurj254:
When taking the 3 hour part of a split daily rest, do I need to have access to the bunk in lorry or can I be sat in a waiting area for those 3 hours?Access to bunk.
Thought so
gurj254:
Left hand down!:
gurj254:
When taking the 3 hour part of a split daily rest, do I need to have access to the bunk in lorry or can I be sat in a waiting area for those 3 hours?Access to bunk.
Thought so
And freely to be able to dispose of your time
Who’s to know where you are for those three hours?
Reading between the lines however I reckon it’s been “suggested” to you that you can have it in a waiting room and you want to prove that you can’t? If that’s the case then fair play to you, you take a split break when it suits you, not the company mate.
I may of course be wrong in my theory. 
Does that also apply to a 45minute break? If I’m not allowed to dispose of my time as I want and have to wait in an allotted area then it’s not a break?
nick2008:
gurj254:
Left hand down!:
gurj254:
When taking the 3 hour part of a split daily rest, do I need to have access to the bunk in lorry or can I be sat in a waiting area for those 3 hours?Access to bunk.
Thought so
And freely to be able to dispose of your time
I’d say this defo rather than access to a bunk, what if you’re in a day cab? Any proof?
Silver_Surfer:
nick2008:
gurj254:
Left hand down!:
gurj254:
When taking the 3 hour part of a split daily rest, do I need to have access to the bunk in lorry or can I be sat in a waiting area for those 3 hours?Access to bunk.
Thought so
And freely to be able to dispose of your time
I’d say this defo rather than access to a bunk, what if you’re in a day cab? Any proof?
Day cab = no rest can be taken using that
Mattwoodtransport:
Does that also apply to a 45minute break? If I’m not allowed to dispose of my time as I want and have to wait in an allotted area then it’s not a break?
No, the rules for Breaks are different. For Breaks, there is no requirement to be able to freely dispose of your time, nor any mention of being able to leave the cab, or choose where you take the Break.
gurj254:
When taking the 3 hour part of a split daily rest, do I need to have access to the bunk in lorry or can I be sat in a waiting area for those 3 hours?
No you don’t have to have access to the bunk, in fact you don’t have to have access to the lorry at-all.
The 3 hours are part of a daily rest period so legally you should be able to dispose of the time freely and that’s all, technically you couldn’t have a rest period if you’re sat in a waiting room and can’t leave, but realistically no-ones going to know so it’s up-to you whether or not you book it as part of a split daily rest period.
If you’re in a day cab you can’t have a daily rest period in the cab, but as long as you’re not confined to the cab I don’t see a problem with booking a split daily rest period, you can have the rest period on a park bench but not in the cab of a day cab 
Left hand down!:
gurj254:
When taking the 3 hour part of a split daily rest, do I need to have access to the bunk in lorry or can I be sat in a waiting area for those 3 hours?Access to bunk.
I should clarify here that if you’re taking it in the truck then it needs to have a bunk. I had part misread what you’d written. Basically just follow member 'tachograph’s advice below as he’s spot on.
I think there’s some confusion creeping in here. TTBOMK the only mention of a bunk as far as Rest periods are concerned is where the driver interrupts his Rest (no more than twice) during a ferry or train journey. During such an interrupted Rest period he must have access to a bunk or couchette.
eur-lex.europa.eu/legal-content/ … 32006R0561
Check out article 8 number 8
Roymondo:
I think there’s some confusion creeping in here. TTBOMK the only mention of a bunk as far as Rest periods are concerned is where the driver interrupts his Rest (no more than twice) during a ferry or train journey. During such an interrupted Rest period he must have access to a bunk or couchette.
You cannot legally have a daily rest period in the cab unless the vehicle is fitted with suitable sleeping facilities for each driver, “suitable sleeping facilities” generally equates to bunks/beds.
- 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.
You could take a sling a hammock up and take a daily rest period in a day cab, there is a member on here who used to do something very similar to that and posted pictures of his ‘suitable sleeping facilities’. It just has to be something that resembles a bed and not just a sleeping bag across the seats.
The regulations only stipulate access to sleeping facilities for rest taken in the vehicle or for interrupted rest when using a ferry or train. All other rest periods including the 3 hours the OP is asking about do not require a bunk/bed/suitable sleeping facilities. Of more importance regarding the OP’s question is whether they are free to dispose of their time and if they are confined to a waiting room with no option to go for a walk, go to the shops or do whatever they wish then strictly speaking it isn’t rest. But in reality who would know.
ROG:
Silver_Surfer:
nick2008:
gurj254:
Left hand down!:
gurj254:
When taking the 3 hour part of a split daily rest, do I need to have access to the bunk in lorry or can I be sat in a waiting area for those 3 hours?Access to bunk.
Thought so
And freely to be able to dispose of your time
I’d say this defo rather than access to a bunk, what if you’re in a day cab? Any proof?
Day cab = no rest can be taken using that
The type of cab is irrelevant, it’s the sleeping facilities that matter. You can have a day cab with a fold away bunk and you could rest in that.
I sit corrected - thanks. In my defence though, I still think I’m correct in saying that the only mention of a bunk is in the bit about ferry/train journeys and interrupted Rest 
Ok, I should have said day cab with no bunk
ROG:
Ok, I should have said day cab with no bunk
You could sling a hammock up and that would be a day can with no bunk you could rest in. 