Weekly rest questions please

Every driver says a different thing,so which one is it regarding when a weekly rest period starts,is it when you book off prior to boarding the ferry to the UK or when you get off and then book when you have parked up?
Secondly on ferry crossing,you may have to move 3 to 4 times in the port,prior to boarding,so when does the daily rest start,is it when you first arrived at the port,or when you get on the ship,as marshalls can move you around or you can be in the wrong lane then have to move again,this the 9 hour daily rest when you have to add the 2 hours,or for a 11 hour rest add 2 again to make it 13 when doing ferry movements.?
Lastly,when having a 24 hour away from base,the 21 hoours has to be made up on the 3rd week,because a 45 hour weekly rest was reduced,but i dont hear many people doing the 3rd week compensation,as all the idioys i have worked for say only take 24,and 45 weekly rests,one driver told me you need 69,one said 66 to make up the compensation in reduced rest?

toby1234abc:
Every driver says a different thing,so which one is it regarding when a weekly rest period starts,is it when you book off prior to boarding the ferry to the UK or when you get off and then book when you have parked up?

Your weekly rest would start when you disembark and book off, you cannot interrupt your weekly rest as you can with daily.

toby1234abc:
Secondly on ferry crossing,you may have to move 3 to 4 times in the port,prior to boarding,so when does the daily rest start,is it when you first arrived at the port,or when you get on the ship,as marshalls can move you around or you can be in the wrong lane then have to move again,this the 9 hour daily rest when you have to add the 2 hours,or for a 11 hour rest add 2 again to make it 13 when doing ferry movements.?

You are way out of date with the interrupted rest regulations when using a ferry. There is no more adding on of 2 hours. You can now interrupt the rest period twice, once to board and once to disembark, doesn’t matter how many times you actually move during the interruption(s) but the total time must not exceed 1 hour. You can no longer interrupt a reduced daily rest period and the minimum amount of rest required when using the interrupted rest option is 11 hours. That is 11 hours rest plus the time taken for the interruptions, not 11 hours including them. You do not need to extend the 11 hours to 13 any more.

So if you arrive in the port and book on then park in the lane to wait to board you can begin your rest then. You can then interrupt it to board the ferry and then go back on rest. You can interrupt it again to disembark and then complete the rest period ashore before commencing work again.In this example the 3 rest periods must total at least 11 hours and the two interruption must not total more than 1 hour.

Also the regular daily rest rules still apply, the rest must be in the 24-hour period which commenced when you started work that day. This means on a day when you will be splitting your rest you cannot work more than about 12.5 hours, that would leave you 30 minutes for the interruptions and 11 hours rest - 12.5 + 0.5 + 11 = 24.

toby1234abc:
Lastly,when having a 24 hour away from base,the 21 hoours has to be made up on the 3rd week,because a 45 hour weekly rest was reduced,but i dont hear many people doing the 3rd week compensation,as all the idioys i have worked for say only take 24,and 45 weekly rests,one driver told me you need 69,one said 66 to make up the compensation in reduced rest?

If you have taken a 24 hour weekly rest and are intending to compensate for it by adding it to a 45 hour weekly rest you will need 66 hours rest that week. You can make the compensation by adding it to any rest period of at least 9 hours so if you had 6 hours to make up you could take a 15 hour daily rest and that would do it. The amount of hours to be compensated for must be taken in one lump, not spread over several rest periods. Also, it doesn’t have to be done in the third week. It is the third week following the reduction which is actually the forth week. So if you reduced in say week 1 it must be compensated for before the end of week 4.

:open_mouth: :open_mouth: :open_mouth: :open_mouth: :open_mouth: :open_mouth:

Ok■■?..you got all that Toby■■? :smiley: :smiley: :wink:

bullitt:
:shock: :open_mouth: :open_mouth: :open_mouth: :open_mouth: :open_mouth:

Ok■■?..you got all that Toby■■? :smiley: :smiley: :wink:

One of the few complicated bits of the legislation, thankfully it doesn’t affect the majority and most drivers can get through their entire career without worrying about it.

Coffeeholic:
You are way out of date with the interrupted rest regulations when using a ferry. There is no more adding on of 2 hours. You can now interrupt the rest period twice, once to board and once to disembark, doesn’t matter how many times you actually move during the interruption(s) but the total time must not exceed 1 hour. You can no longer interrupt a reduced daily rest period and the minimum amount of rest required when using the interrupted rest option is 11 hours. That is 11 hours rest plus the time taken for the interruptions, not 11 hours including them. You do not need to extend the 11 hours to 13 any more.

So if you arrive in the port and book on then park in the lane to wait to board you can begin your rest then. You can then interrupt it to board the ferry and then go back on rest. You can interrupt it again to disembark and then complete the rest period ashore before commencing work again.In this example the 3 rest periods must total at least 11 hours and the two interruption must not total more than 1 hour.

hi mate the regs say different in the regs it says

  1. By way of derogation from Article 8, where a driver
    accompanies a vehicle which is transported by ferry or train,
    and takes a regular daily rest period, that period may be
    interrupted not more than twice by other activities not
    exceeding one hour in total. During that regular daily rest
    period the driver shall have access to a bunk or couchette.

also so there no where in there that say you have to pay it back the movements in the hour back,

because you have taken a derogation from Article 8

and as we know Article 8 is about weekly and daily rest requirements and as you taken a derogation from Article 8 those rest periods have being interrupted

in the vosa guide it does say this

A regular daily rest period may be interrupted no more than twice, but the total interruption must not exceed 1 hour in total. This allows for a vehicle to be driven onto a ferry and off at the end of a sea crossing. Where the rest period is interrupted in this way, the total ■■■■■■■■■ rest period must still be 11 hours. A bunk or couchette must be available during the rest period.

are vosa adding this to the new regs or have there forgot to remove it as it’s from the old regs

this is what is said it the old regs

Article 9

Notwithstanding Article 8 (1) where a driver engaged in the carriage of goods or passengers accompanies a vehicle which is transported by ferryboat or train, the daily rest period may be interrupted not more than once, provided the following conditions are fulfilled:

  • that part of the daily rest period spent on land must be able to be taken before or after the portion of the daily rest period taken on board the ferryboat or the train,

  • the period between the two portions of the daily rest period must be as short as possible and may on no account exceed one hour before embarkation or after disembarkation, customs formalities being included in the embarkation or disembarkation operations,

  • during both portions of the rest period the driver must be able to have access to a bunk or couchette.

The daily rest period, interrupted in this way, shall be increased by two hours.

so reading this you would not be able to move as you say

doesn’t matter how many times you actually move during the interruption(s)

it clearly states in there that you can only interrupted twice, so that means to me that the if your on rest and you move

I.E. brake your rest that’s the first movement you move again to board the ferry that’s twice you have therefore moved twice and no more movements are allowed so if you were to disembark and it was still your rest you would not me able to

am i right :question:

  1. By way of derogation from Article 8, where a driver
    accompanies a vehicle which is transported by ferry or train,
    and takes a regular daily rest period, that period may be
    interrupted not more than twice by other activities not
    exceeding one hour in total. During that regular daily rest
    period the driver shall have access to a bunk or couchette.

I reckon the key word is INTERRUPTED
It does not say that the total time for the regular daily rest period can be REDUCED

delboytwo:
also so there no where in there that say you have to pay it back the movements in the hour back,

because you have taken a derogation from Article 8

and as we know Article 8 is about weekly and daily rest requirements and as you taken a derogation from Article 8 those rest periods have being interrupted

in the vosa guide it does say this

A regular daily rest period may be interrupted no more than twice, but the total interruption must not exceed 1 hour in total. This allows for a vehicle to be driven onto a ferry and off at the end of a sea crossing. Where the rest period is interrupted in this way, the total ■■■■■■■■■ rest period must still be 11 hours. A bunk or couchette must be available during the rest period.

The regs state that you must take a regular rest period of 11 hours. So if you arrive at the port at 1600, embark at 2100 and the movement takes 8 minutes the crossing takes 5 hours, to disembark takes 12 minutes including customs. You must not begin work until 03.20. That is 11h 20m, so there is the compensation, if you start before then, you have not had a regular break

delboytwo:

Coffeeholic:
You are way out of date with the interrupted rest regulations when using a ferry. There is no more adding on of 2 hours. You can now interrupt the rest period twice, once to board and once to disembark, doesn’t matter how many times you actually move during the interruption(s) but the total time must not exceed 1 hour. You can no longer interrupt a reduced daily rest period and the minimum amount of rest required when using the interrupted rest option is 11 hours. That is 11 hours rest plus the time taken for the interruptions, not 11 hours including them. You do not need to extend the 11 hours to 13 any more.

So if you arrive in the port and book on then park in the lane to wait to board you can begin your rest then. You can then interrupt it to board the ferry and then go back on rest. You can interrupt it again to disembark and then complete the rest period ashore before commencing work again.In this example the 3 rest periods must total at least 11 hours and the two interruption must not total more than 1 hour.

hi mate the regs say different in the regs it says

  1. By way of derogation from Article 8, where a driver
    accompanies a vehicle which is transported by ferry or train,
    and takes a regular daily rest period, that period may be
    interrupted not more than twice by other activities not
    exceeding one hour in total. During that regular daily rest
    period the driver shall have access to a bunk or couchette.

I don’t see how that is different to what I said?

Coffeeholic:
You can now interrupt the rest period twice, once to board and once to disembark, doesn’t matter how many times you actually move during the interruption(s) but the total time must not exceed 1 hour.

By way of derogation from Article 8, where a driver
accompanies a vehicle which is transported by ferry or train,
and takes a regular daily rest period, that period may be
interrupted not more than twice by other activities not
exceeding one hour in total.

Those two things say the same thing. :unamused:

delboytwo:
also so there no where in there that say you have to pay it back the movements in the hour back,

That’s good, because I didn’t say you had to. I said you must have 11 hours rest plus the movements, not 11 hours rest including the movements. You can only interrupt a regular daily rest period and a regular daily rest period is 11 hours. You have to have 11 hours because the regulations don’t say you can interrupt and subtract the time from a regular rest period.

delboytwo:
because you have taken a derogation from Article 8

and as we know Article 8 is about weekly and daily rest requirements and as you taken a derogation from Article 8 those rest periods have being interrupted

But you can only interrupt a regular rest period, which must be at least 11 hours. If you take less than 11 hours total rest then you have interrupted a reduced daily rest and that isn’t allowed by the derogation.

delboytwo:
in the vosa guide it does say this

A regular daily rest period may be interrupted no more than twice, but the total interruption must not exceed 1 hour in total. This allows for a vehicle to be driven onto a ferry and off at the end of a sea crossing. Where the rest period is interrupted in this way, the total ■■■■■■■■■ rest period must still be 11 hours. A bunk or couchette must be available during the rest period.

Which is exactly what I said.

delboytwo:
are vosa adding this to the new regs or have there forgot to remove it as it’s from the old regs

Neither they are just explaining it in a slightly more clear way than the actual regulations do that the interruptions only interrupt the rest period, they do not shorten it. VOSA cannot add things to the regulations, only explain them

delboytwo:
this is what is said it the old regs

Which is irrelevant as they are, as you say old regs so not valid in answering this question.

delboytwo:
so reading this you would not be able to move as you say

Well you shouldn’t be reading that in relation to the original question as those regs are out of date. Also you could only interrupt your rest once prior to April 2007

delboytwo:

Coffeeholic:
] doesn’t matter how many times you actually move during the interruption(s)

Which is correct, the number of movements aren’t limited, only the number of interruptions. Interruptions and movements are different things.

delboytwo:
it clearly states in there that you can only interrupted twice, so that means to me that the if your on rest and you move

I.E. brake your rest that’s the first movement you move again to board the ferry that’s twice you have therefore moved twice and no more movements are allowed so if you were to disembark and it was still your rest you would not me able to

am i right :question:

No you are not. :wink: :stuck_out_tongue:

You arrive in the port and book on the ferry and join the queue whereupon you move the mode switch to rest. Two hours later they are ready for embarkation so you move your mode switch to other work which starts the interruption to your rest period. You then move forward, stopping and starting a few times as each driver hands over his boarding card, and the mode flicks between driving and other work, you don’t go back on rest between each movement, until you are in place on the ferry and you put your mode switch back to rest, which ends the first of the two allowed interruptions.

You do the same thing 5 hours later to disembark, moving the mode switch off rest to begin the second interruption and again stop start as you drive off the ferry as vehicles are stopped to be asked questions by customs or immigration. You then park up and put the mode back on rest which ends the second interruption. You then take the remaining 4 hours rest before booking back on and beginning your next shift.

As long as the total time for those interruptions is no more than 1 hour and they along with the 11 hours rest plus your previous shift all fall into 24 hours then you are legal

It is a common mistake to hear people say you are allowed two movements when in fact you are allowed two interruptions

ROG:

  1. By way of derogation from Article 8, where a driver
    accompanies a vehicle which is transported by ferry or train,
    and takes a regular daily rest period, that period may be
    interrupted not more than twice by other activities not
    exceeding one hour in total. During that regular daily rest
    period the driver shall have access to a bunk or couchette.

I reckon the key word is INTERRUPTED
It does not say that the total time for the regular daily rest period can be REDUCED

No, the key words are regular daily rest period and as we all know a regular daily rest period must be at least 11 hours. You cannot interrupt a reduced daily rest period so if the rest period is less than 11 hours you haven’t complied with the derogation as you will have interrupted a reduced daily rest and not a regular one as is required…

Hi Coffeeholic i was not reading it right when I posted it I was looking at it, and thought that I done something wrong, and now after reading your post reply to mine, I see where I had gone wrong

i did not read it right and did not consider the way in which you put it

Coffeeholic:
doesn’t matter how many times you actually move during the interruption(s)

where I went wrong was, I didn’t read it properly I missed the word “during” and that where I was wrong and thanks for clarifying that :blush:

with regard the other point thanks for that as well , the only way to learn is to ask, the only way to understand is to ask and then I know where I have gone wrong :blush: again :stuck_out_tongue:

Coffeeholic can you confirm if its legal when splitting daily rest twice on a ferry crossing for one of the 3 interupted rest periods to be less than one hour in total?
For example last week i split my rest twice on a ferry crossing from france and had 4h 30min at docks at caen followed by 5min movement onto boat,6h 15min on ferry leaving leaving me with 15min to take after movement of boat at portsmouth.
To be on the safe side i took one hour rest for last period but would i have been legal to take just the 15min that was due after my 45min movement of boat at portsmouth?
Also today when going onto boat at dunkirk i had 50min at dockside at dunkirk,2h 50min on boat and 7h 20 min after movement of boat at dover.
Must the rest periods be at least one hour in total or can they be less than that provided i had 11hours rest in total?

CALUM:
Coffeeholic can you confirm if its legal when splitting daily rest twice on a ferry crossing for one of the 3 interupted rest periods to be less than one hour in total?
For example last week i split my rest twice on a ferry crossing from france and had 4h 30min at docks at caen followed by 5min movement onto boat,6h 15min on ferry leaving leaving me with 15min to take after movement of boat at portsmouth.
To be on the safe side i took one hour rest for last period but would i have been legal to take just the 15min that was due after my 45min movement of boat at portsmouth?

It would have been legal just to take the 15 minutes, there is no minimum period to qualify as rest for the interrupted rest option. The important things are the periods of rest total at least 11 hours, and 4:30 + 6:15 + 0:15 does total 11 hours, you only interrupt it twice and it all - work, rest and movements - falls into the 24-hour period the same as any other daily rest period.

CALUM:
Also today when going onto boat at dunkirk i had 50min at dockside at dunkirk,2h 50min on boat and 7h 20 min after movement of boat at dover.

That does total 11 hours and is legal as far as that point goes. However I don’t think you have access to a bunk or couchette on that crossing which means the 2 hours 50 minutes cannot be counted as rest for an interrupted daily rest period and therefore you will have had insufficient daily rest. You can’t use the interrupted daily rest option on the Dover - Calais crossing for the same reason and there have been accounts of drivers being nicked by the French after they leave Calais for using it, one account was on here a while back.

Coffeeholic:

CALUM:
Coffeeholic can you confirm if its legal when splitting daily rest twice on a ferry crossing for one of the 3 interupted rest periods to be less than one hour in total?
For example last week i split my rest twice on a ferry crossing from france and had 4h 30min at docks at caen followed by 5min movement onto boat,6h 15min on ferry leaving leaving me with 15min to take after movement of boat at portsmouth.
To be on the safe side i took one hour rest for last period but would i have been legal to take just the 15min that was due after my 45min movement of boat at portsmouth?

It would have been legal just to take the 15 minutes, there is no minimum period to qualify as rest for the interrupted rest option. The important things are the periods of rest total at least 11 hours, and 4:30 + 6:15 + 0:15 does total 11 hours, you only interrupt it twice and it all - work, rest and movements - falls into the 24-hour period the same as any other daily rest period.

CALUM:
Also today when going onto boat at dunkirk i had 50min at dockside at dunkirk,2h 50min on boat and 7h 20 min after movement of boat at dover.

That does total 11 hours and is legal as far as that point goes. However I don’t think you have access to a bunk or couchette on that crossing which means the 2 hours 50 minutes cannot be counted as rest for an interrupted daily rest period and therefore you will have had insufficient daily rest. You can’t use the interrupted daily rest option on the Dover - Calais crossing for the same reason and there have been accounts of drivers being nicked by the French after they leave Calais for using it, one account was on here a while back.

If you are quick enough on the Dunkirk ferry you can grab a massage couch and that must still satisfy the regulations.

It is quite comfortable once everyone gets bored with the remote control massage buttons.

ok thanks for that info coffeeholic-thats an interesting point about not being able to take interupted daily rest on dover-calais crossing,will have to bear that in mind in future.

Wheel Nut:
If you are quick enough on the Dunkirk ferry you can grab a massage couch and that must still satisfy the regulations.

It is quite comfortable once everyone gets bored with the remote control massage buttons.

I knew someone would post a picture of those. I don’t know if they would qualify or not as a couchette is more like a bunk. The easiest thing is to claim you stayed in your cab, complete with bunk. That would satisfy the tacho rules, while breaking several other regulations - none of which I believe are policed by VOSA. :stuck_out_tongue: