Weekly rest ferry interruption

Is this wright? I started shift 16.30 get to the port at 04.30 in morning. Boat is leaving just 07.30 and other end of sea coming of at about 10.00. Can I finish my shift at 04.30 and then start new ticket, get on boat and off in ferry mode? And then continue my weekly rest for 45h? And if I can, weekly rest starts from moment I get of the boat or I still need to wait for 11h daily rest finishes (from 04.30) and only then starts weekly rest? Sorry if stupid question. Thanks.

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You may NOT interrupt a weekly rest .
This means you cannot interrupt your weekly rest even with or by using ferry mode.
See attached

viewtopic.php?f=3&t=72314#p924408

I don’t know what you mean about starting a new ticket at 04:30, that’s when you will be starting your daily rest period, you cannot start a new period of 24 hours until you’ve completed a daily rest period.

You can interrupt a regular daily rest period to get on or off a ferry if you have access to a bunk or couchette on the ferry, but you cannot interrupt a weekly rest period.

The way I see it is that if you park up at 04:30 your daily rest period will end at 15:30 plus the time of the interruptions (you can interrupt this to get on and off the ferry), you can then start a weekly rest period if you want, but you cannot start a weekly rest period when you park up at 04:30 if you want to get on and off the ferry.

A bit of a bummer if you want to crack on, but it’s just the way it is

tachograph:
I don’t know what you mean about starting a new ticket at 04:30, that’s when you will be starting your daily rest period, you cannot start a new period of 24 hours until you’ve completed a daily rest period.

You can interrupt a regular daily rest period to get on or off a ferry if you have access to a bunk or couchette on the ferry, but you cannot interrupt a weekly rest period.

The way I see it is that if you park up at 04:30 your daily rest period will end at 15:30 plus the time of the interruptions (you can interrupt this to get on and off the ferry), you can then start a weekly rest period if you want, but you cannot start a weekly rest period when you park up at 04:30 if you want to get on and off the ferry.

A bit of a bummer if you want to crack on, but it’s just the way it is

Thanks. That cleared my doubts completely. Now I’m sure no interruption in weekly rest and firstly I have to use daily rest 11h + interruption time and only after that I can start counting weekly rest. Thanks.

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nick2008:
You may NOT interrupt a weekly rest .
This means you cannot interrupt your weekly rest even with or by using ferry mode.
See attached

viewtopic.php?f=3&t=72314#p924408

And I tried to find that in forum without luck… Thaaa. [emoji28] Thanks a lot.

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ricelis:

tachograph:
I don’t know what you mean about starting a new ticket at 04:30, that’s when you will be starting your daily rest period, you cannot start a new period of 24 hours until you’ve completed a daily rest period.

You can interrupt a regular daily rest period to get on or off a ferry if you have access to a bunk or couchette on the ferry, but you cannot interrupt a weekly rest period.

The way I see it is that if you park up at 04:30 your daily rest period will end at 15:30 plus the time of the interruptions (you can interrupt this to get on and off the ferry), you can then start a weekly rest period if you want, but you cannot start a weekly rest period when you park up at 04:30 if you want to get on and off the ferry.

A bit of a bummer if you want to crack on, but it’s just the way it is

Thanks. That cleared my doubts completely. Now I’m sure no interruption in weekly rest and firstly I have to use daily rest 11h + interruption time and only after that I can start counting weekly rest. Thanks.

Thinking about this some-more, I suppose really there’s no reason why your weekly rest cannot start when you park up after getting off the ferry.

A weekly rest period usually incorporates a daily rest period so I see no reason why it shouldn’t incorporate the last part of the daily rest period, the important thing is that you have 24 or 45 hours of unbroken rest.

tachograph:

ricelis:

tachograph:
I don’t know what you mean about starting a new ticket at 04:30, that’s when you will be starting your daily rest period, you cannot start a new period of 24 hours until you’ve completed a daily rest period.

You can interrupt a regular daily rest period to get on or off a ferry if you have access to a bunk or couchette on the ferry, but you cannot interrupt a weekly rest period.

The way I see it is that if you park up at 04:30 your daily rest period will end at 15:30 plus the time of the interruptions (you can interrupt this to get on and off the ferry), you can then start a weekly rest period if you want, but you cannot start a weekly rest period when you park up at 04:30 if you want to get on and off the ferry.

A bit of a bummer if you want to crack on, but it’s just the way it is

Thanks. That cleared my doubts completely. Now I’m sure no interruption in weekly rest and firstly I have to use daily rest 11h + interruption time and only after that I can start counting weekly rest. Thanks.

Thinking about this some-more, I suppose really there’s no reason why your weekly rest cannot start when you park up after getting off the ferry.

A weekly rest period usually incorporates a daily rest period so I see no reason why it shouldn’t incorporate the last part of the daily rest period, the important thing is that you have 24 or 45 hours of unbroken rest.

That’s what I was thinking at first place. Now I’m confused again. And the thing is that almost every week my last working day finishing like this- on last minutes if I missed boat and I have to wait for next.

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ricelis:
That’s what I was thinking at first place. Now I’m confused again. And the thing is that almost every week my last working day finishing like this- on last minutes if I missed boat and I have to wait for next.

Sorry about the confusion

I can see no reason why you should not start the weekly rest period when you park up after getting off the ferry.

We’ve just written an article on our blog about the tachograph ferry mode. Any constructive comments much appreciated. You might even get a name check if it’s useful

freightlink:
We’ve just written an article on our blog about the tachograph ferry mode. Any constructive comments much appreciated. You might even get a name check if it’s useful

Thanks for that, but it’s not actually explain situation, if I’m taking weekly rest straight after disembarking the boat. Do I have to continue my daily rest till I have full 11h + time on and off ferry and only then start weekly rest or I can start it as soon as I’m off the ferry and put tacho on break and taken my card out.

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ricelis:
Thanks for that, but it’s not actually explain situation, if I’m taking weekly rest straight after disembarking the boat. Do I have to continue my daily rest till I have full 11h + time on and off ferry and only then start weekly rest or I can start it as soon as I’m off the ferry and put tacho on break and taken my card out.

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These are good questions Ricelis and my view on this one is my 45/24 weekend break commences as soon as I am parked up after disembarking (i.e. at the end of the final interruption).

But my question is what if more than 6 x 24 four periods have passed since my last weekly rest before I get off the boat?

e.g. I start Monday at 8 am and do 6 shifts without a qualifying weekly rest. I get the ferry home on Saturday night during a qualifying regular daily rest and it docks at 9 am Sunday morning…Can I drive off using ferry interruption?

A simplistic “Cannot” interrupt weekend rest doesn’t cut it as when my 45 is up I usually drive to and on the ferry using the 2 interruptions while still on weekly rest.
When she docks on the other side I start my first card when the door opens and head down the road.

I wonder how Milodion or the Scandaholigans handle this one as they are not influenced by DVLA’s most restrictive interpretation of all rules?

Thanks in advance for informative replies.

“Cannot” can always find a home!

[emoji3]
If you must start your weekly rest whilst actually on the ferry then you are breakung the rules by driving off. If it’s duevto unforeseen delays the you’d be fine. If you boarded the ferry in the knowledge you’d be breaking the rules by driving off you’d be culpable. If it’s the latter case you “cannot” board the ferry.
I’m not an expert, but that’s how I see it.
Edit. Remember full daily rests can be interrupted but weekly rests Cannot be interrupted.
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Franglais:
“Cannot” can always find a home!

[emoji3]
If you must start your weekly rest whilst actually on the ferry then you are breakung the rules by driving off. If it’s duevto unforeseen delays the you’d be fine. If you boarded the ferry in the knowledge you’d be breaking the rules by driving off you’d be culpable. If it’s the latter case you “cannot” board the ferry.
I’m not an expert, but that’s how I see it.
Edit. Remember full daily rests can be interrupted but weekly rests Cannot be interrupted.
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Hi Franglais, I want to tease this one out a bit as our understanding of the the rules, particularly in relation to ferries has changed a lot over the years especially after VOSA getting a few black eyes in court.

Going back again to the situation I described in my last post I started my trip by boarding the ferry after completing a 45. I was still on weekly rest and I used the ferry interruption rule.
I have had no problem so far with the authorities on this one yet you could argue the rule does not allow it but it seems it does which is sensible.

Now when I am disembarking on the way home as described above I am on a full legal daily rest which can be extended into a weekly rest and I will only start counting hours for my weekly rest at the end of the final interruption on dry land.

There are only 4 tachograph options and my status is rest and has been for the final 12 hours of day 6 ( excluding the 1 or 2 approved legal interruptions).

I agree due to the ferry interruption I cannot count the time on the ferry is as weekly rest hours but it is certainly a proper daily rest.

Thus if I am on rest how could I be in breach of rest regulations?
If I am legally resting how can I not be resting?

Or do believe the method I used to commence my trip was not legal?

My thinking

If you finished a 45 weekly then drove onto the ferry then you started a shift albeit a very short one

If you then had 11 hours off from the moment you started that shift to when you started driving again (apart from moving on and off the ferry) then that is a daily rest

I think Rog has it right. If you’ve completed a 45hr weekly break, then a move onto the ferry is a (short) shift.
But I’m still a bit confused about what you’re actually doing as you say you’re boarding after a 12 hr rest at end of day 6?
Probably me not getting a grip on it.
Anyway the rules say I’m pretty sure a “full daily rest” can be interrupted but that’s it.

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Those of a more devious disposition than me, might wonder what would happen if you booked the truck as an unaccompanied vehicle and went as a footie yourself? Probably find that’s a “cannot” too, as you’re travelling in relation to work?

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Franglais:
Those of a more devious disposition than me, might wonder what would happen if you booked the truck as an unaccompanied vehicle and went as a footie yourself? Probably find that’s a “cannot” too, as you’re travelling in relation to work?

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That would work fine if your yard is in the port, completely kosher. The problem is we are about half an hour drive up the road.

Im not saying I’m absolutely correct on this but the “Cannot” people are ignoring REGULATION (EC) No 561/2006, Article 8.3 that states “A daily rest period may be extended to make a regular weekly rest period or a reduced weekly rest period”.

Thus a weekly rest period is in fact a daily rest extended to 24-45 hours. So I am interrupting a regular daily rest that will be extended to make a weekly rest.

Thanks Rog for your input to the puzzle too but let’s say I ship out on a six hour ferry route.I don’t take the view I need to start daily rest 13 hours after leaving the yard.
Yard to boarding is done on an interruption and I take my first daily rest 13 hours after disembarking just like I would do when catching a ferry in the middle of my week.

Now I want to apply the same logic on the home bound ferry at the end of the week. So I interrupt my regular daily rest and then extend that rest into a weekly rest in accordance with Article 8.3

So…Cannot or Whynot■■?

In your post you say a daily rest can be extended into a weekly rest, so isn’t that now a weekly? Not a daily rest, and only full daily rests can he interrupted.
I certainly don’t know how anyone else would interpret it, but if you leave your yard on a Sunday night, and return there the following Sunday morning…? That is what you’re saying may happen in some hypothetical case?
Obviously it’s up to you, but how would a court look at it? I’d bet they’ll say the law allows interruption of a full daily rest. You are not doing that. You’re trying to interrupt a weekend break, and that’s a “cannot”.
I know one company that were hauled up for that a few years back. The company closed about the same time and I rarely see the old drivers from there so am not sure about the outcome. Although the company doesn’t exist I’m reluctant to put there name up here, so I’ll P.M. you that. Maybe you’ll know them or their drivers?

Edit. Obviously I’m not a rule maker or hours expert, merely another steering wheel attendant!
I can see that having 24 off in the French port then shipping in is bloody frustrating and “so near, yet so far”, but I think that’s what the DVSA would say you must do?
Can another driver get it from port back to your depot? I’m not saying they’d be happy with it, but gives you some “wriggle room”?

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Hurryup&wait:
But my question is what if more than 6 x 24 four periods have passed since my last weekly rest before I get off the boat?

e.g. I start Monday at 8 am and do 6 shifts without a qualifying weekly rest. I get the ferry home on Saturday night during a qualifying regular daily rest and it docks at 9 am Sunday morning…Can I drive off using ferry interruption?

Legally a weekly rest period must start no later than six 24 hour periods (144 hours) from the end of the previous weekly rest period.

If you was not in-scope of EU regulations at any time in the previous fixed week a new weekly rest period should start no later than six 24 hours periods (144 hours) from when you first started work in the current week (which in this example would be 08:00 Monday).

In either case, as far as I can see you must start a new weekly rest period no later than 08:00 Sunday which would prevent you from legally leaving the ferry at 09:00 Sunday.

Hurryup&wait:
A simplistic “Cannot” interrupt weekend rest doesn’t cut it as when my 45 is up I usually drive to and on the ferry using the 2 interruptions while still on weekly rest.

Not legally you don’t, you cannot legally interrupt a weekly rest period therefore your working week starts when you start your journey to the port.

This article will be on of interest to you (This is a guidance note issued by the EU commision)

The derogation in article 9 (1) that’s mentioned is the regulation that allows you to interrupt a regular daily rest period, Notice the last sentence in the article.

Issue: Recording of time spent on board of a ferry or train where the driver has access to a
bunk or couchette.

Article: 9 (1) of Regulation (EC) No 561/2006

Approach to be followed: Generally during a rest, a driver shall be able, according to Article
4(f), to dispose freely of his/her time. However, a driver is entitled to take his/her break or
rest, daily or weekly, when he/she is travelling by ferry or train, provided that he/she has
access to a bunk or couchette. This stems from the wording of Article 9(2) which stipulates
that any time spent travelling "shall not be counted as a rest or break unless the driver is on
ferry or a train and has access to a bunk or couchette".

Furthermore, in line with Article 9(1) a regular daily rest period of at least 11 hours take
on a ferry or a train (if a driver has access to a bunk or a couchette) may be interrupted twice
as a maximum, by other activities (such as embarking or disembarking from the ferry boat or
train). The total time of these two interruptions may not exceed 1 hour. This time must not, in
any case, result in any reduction of a regular daily rest period.

These two interruptions can take place any time during the regular daily rest period, also
where this daily rest period exceeds the minimum period of eleven hours and continues
beyond 24 hours from the end of the previous rest period. However, at least 11 hours of this
daily rest must be taken within 24 hours since the end of the previous rest period. Otherwise it
should be regarded an infringement of the provision on regular daily rest.

The derogation under Article 9(1) remains applicable to the regular daily rest, which is longer
than the minimum required by the Regulation and which starts on the land before embarking
on the ferry/train and continues on the land after disembarking from the ferry/train.
In case of a regular daily rest taken in two periods, the first of which must be of at least 3
hours and the second of at least 9 hours (as stipulated in Article 4(g)), the number of
interruptions (maximum two) concerns the whole period of daily rest and not each part of a
regular daily rest taken in two periods.

The derogation under Article 9(1) does not apply to a weekly rest period, whether reduced or
regular.

Tachograph, thank you too as well as a Franglais and ROG for contributing to this one, it’s much appreciated.

Apologies for the delayed response but I was a bit busy and somehow thought this thread was in the Safety, Law etc section, so couldn’t find it.

You have posted excellent reference material as well and I must mull over it all in detail as I am not happy I cannot interrupt my rest get on a ferry after alteady having a few days off whereas on day five of my week I can interrupt my 11 hours rest no problem to do the same thing.

I agree that in my original scenario I appear to be in my mandatory weekly rest periods when disembarking which your guidance says is a Nono.

Strangely it also says weekly rest can be taken on a ferry so I need time to figure out how that can be done.

As Arnold used to say “I’ll be back!”