So where are we now? The letter from Mike Penning said that the matter was being clarified by the DfT
Stephen Hammond has replied to my MP with this letter. https://docs.google.com/open?id=0B1ees2Kp9WTKYnVCSHhlTUhCTTA (Opens with Google Docs)
Now I agree with him saying that nothing has changed, and I also agree that Article 4 says this;
(j) ‘driving time’ means the duration of driving activity
recorded:
– automatically or semi-automatically by the recording
equipment as defined in Annex I and Annex IB
of Regulation (EEC) No 3821/85, or
– manually as required by Article 16(2) of Regulation
(EEC) No 3821/85;
followed by;
as mentioned by Stephen Hammond
(k) ‘daily driving time’ means the total accumulated driving
time between the end of one daily rest period and the
beginning of the following daily rest period or between a
daily rest period and a weekly rest period;
(l) ‘weekly driving time’ means the total accumulated
driving time during a week;
and this;
(q) ‘driving period’ means the accumulated driving time
from when a driver commences driving following a rest
period or a break until he takes a rest period or a break.
The driving period may be continuous or broken.
Article 6 then states that;
- Daily and weekly driving times shall include all driving
time on the territory of the Community or of a third country.
and this;
- A driver shall record as other work any time spent as
described in Article 4(e) as well as any time spent driving a
vehicle used for commercial operations not falling within the
scope of this Regulation, and shall record any periods of
availability, as defined in Article 15(3)(c) of Regulation (EEC)
No 3821/85, since his last daily or weekly rest period. This
record shall be entered either manually on a record sheet, a
printout or by use of manual input facilities on recording
equipment.
Now go back to Article 4, in particular Article 4e;
(e) ‘other work’ means all activities which are defined as
working time in Article 3(a) of Directive 2002/15/EC
except ‘driving’, including any work for the same or
another employer, within or outside of the transport
sector;
And finally back in Article 6;
- 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.
Now there seems to be quite a few anomaly’s in that statement when the EC561/2006 document is read in full.
Is it just me?
As an example of how ridiculous this seems to be, both of these things have been done by me.
Example A.
I have loaded a trailer in France and drive 9 hours to Cherbourg to take the late afternoon ferry. On route I had a break of 1 hour. I arrive at the French port and start my rest period at around 1500. I am called forward to embark at 1800 which takes 10 minutes. On the ferry I have a meal, shower and bed. The ferry arrives in Portsmouth around 22.30 and as I disembark they call me forward for exam in the shed which takes 10 minutes. Free to leave I then drive 40 minutes to Sutton Scotney and continue my interrupted rest period. I have done everything to the letter.
Start of Duty 6am
Break 1hr
Daily Driving 8h.30m 
Begin Daily Rest 15.00
1st interruption 18.00
2nd interruption 22.30
Two ferry movements. 1hr
Recommence Daily Rest 23.20
To my thinking I have driven for 9h30m. But according to the DfT I have only “driven” 8h.30m
portsmouth-port.co.uk/ferry_ … _parking_2
For any freight driver arriving from the Continent ‘out of hours’, VOSA allow a break in the rest period of one hour to allow for onward movement from the Port. The nearest truckstop is no more than a 10-minute drive away.
The next alternative is Sutton Scotney 40 minutes away.
Example B.
I leave Cherbourg after changing trailers and have had a full rest period of 11 hours. I drive down to La Brede which takes me 9h.30m. I have plenty of time so have two driving breaks, both are over 45 minutes. I park up outside Michelin tyres at 1900 and report to security as is the norm. He positioned his camera on my truck for security and gave me my unloading papers. 02.46 again this was normal at almost all the Michelin depots, occasionally they would allow you to drop the trailer on a bay or get the shunter to move the trailer. At La Brede, they had neither shunter or enough bays.
At 02.30 the guard knocked on my cab with French Coffee. I didn’t even get dressed, just a T shirt, pants and my sandals was enough to break the seal and reverse onto the bay. the whole thing took less than 5 minutes including drinking the coffee. I was back in bed while these blokes unloaded the trailer which took about 5 hours. When I woke up the trailer was empty, the papers behind my window screen wipers and I went off for a shower. In a morning the yard is empty, the staff only work during the night as the lorries are all out during the day.
Example A is legal and counts as a normal day, even leaving me two extended driving periods in that week. I feel very tired now.
Example B is against the law even though I was actually parked up for over 13 hours apart from the short interlude of 2 or 3 minutes opening the doors and reversing onto the bay. I feel as fresh as a daisy and ready for a full days work.
That cannot be right!