Maybe is a stupid question, but I received an information that says when a vehicle is driving in multi-manned (two drivers exactly), after 9 hours of driving (4.5 hours each driver) the drivers must take a break of 45 minutes. There was a note of guidance, filling etc. of Reg 561/2006? Or is only a certain country?
Thanks,
dmradu:
Maybe is a stupid question, but I received an information that says when a vehicle is driving in multi-manned (two drivers exactly), after 9 hours of driving (4.5 hours each driver) the drivers must take a break of 45 minutes. There was a note of guidance, filling etc. of Reg 561/2006? Or is only a certain country?Thanks,
A driver must have a 45 break at 4.5 driving or before that point
When in the passenger seat the first 45 mins of POA are taken as break
If both drivers were on 9 hour driving days then this is legal
driver 1 - 3 hours driving
driver 2 - 3 hours driving
driver 1 - 3 hours driving
driver 2 - 3 hours driving
driver 1 - 3 hours driving
driver 2 - 3 hours driving
Yes, I know that. It is about guidance note 2. But, as I said, the note is that after 9 hours of driving (multi-manning case) the both drivers should take a break for 45 minutes just like when driving by a single driver. If any country has appeared in this obligation? The rumor is about France, but I have not found anything.
Thanks again,
dmradu:
Yes, I know that. It is about guidance note 2.
Can you link to where this note is please
The note is coming from a company that subcontracts trucks (message for all drivers). No mention law, no guidance note, nothing… But I want if is a law, something…
dmradu:
The note is coming from a company that subcontracts trucks (message for all drivers). No mention law, no guidance note, nothing… But I want if is a law, something…
Ask that company where they found such a note
I can’t comment on what they do in France or a note from some unknown company, but I can tell you that the EU guidance note number 2 does not say that both drivers must have a 45 minute break after 9 hours driving.
Guidance Note 2.
~snip~
where a vehicle is manned by more than one driver. When a second crew member
is available for driving when necessary, is sitting next to the driver of the vehicle and is not
actively involved in assisting the driver driving the vehicle, a period of 45 minutes of that
crew member’s ‘period of availability’ can be regarded as ‘break’.
Yes, I know verry good the guidance note 2. But, a crew of a truck of a company was fined in France for what I said above. Or, they said. To avoid similar situations the company has sent a message to all drivers who drive in multi-manned. I thought I am not aware of regulations. I think I posted a stupid question. But I got too many questions about this fine.
Solved…
I’m back: no solved!
Sanctions by French authorities on double manned vehicles’ drivers
IRU has been notified by several member associations that the French authorities have started issuing fines for a second driver taking a break in a double manned vehicle while that vehicle is moving. The alleged infringement is of exceeding continuous driving time and the French authorities use as a reference Art. 34, par. 5 of Regulation 165/2014 which entered into force on 2 March 2016.
I received the above from the RHA. It doesn’t make a lot of sense to me but as it doesn’t affect us I haven’t looked too closely.
Maybe is another article. That article (34, al. 5) is about the use of mecanisms of tachograph.
Just beware, this is no RDC story. The french are fining for taking your break while the vehicle is moving, Dutch and Belgian federations are already trying to intervene but up to now, as usual, quite unsuccesfull.
It’s the police at Champigneules, between Metz and Nancy and the policeman involved, said to a dutch company director: " Even if the president of France calls, the fine has to be paid"
I can only give a link in dutch, but there are a few Dutch and Spanish lorries stopped and the fines are as usual impressive: 17935 euro’s for 1 truck and 15750 euro’s for a second dutchman. A spanish lorry paid 6000 euro’s.
They count every time you do not have a 45 in a standing vehicle as excess driving time at 750 euro’s…
facebook.com/notes/transpor … 426323350/
transport-online.nl/site/696 … frankrijk/
There is no news of this elsewhere in France, it is at the moment only at Champigneules, dept 54, so if going luxemburg…
If necessary, I will translate the link
edit: improved clerical
The conclusion is that the guidance note 2 is applicable in E.C. , except France.
If necessary crossing France (whether the company is known or unknown) then it is recommended to board the truck on the train.
We have had this memorandum sent from our Trade Association -
Sanctions by French authorities on double manned vehicles’ drivers
FEDEMAC wishes to notify our Members that the French authorities have started issuing fines for a second driver taking a break in a double manned vehicle while that vehicle is moving.
In order to avoid fines, FEDEMAC recommends all national associations to advise their Members of the potential problems in France and the danger of having sanctions imposed by French authorities on double manned vehicles’ drivers.
FEDEMAC has already been made aware that some of our German Members experienced problems by the “new interpretation” of the French law.
A pre-infringement case against France on this issue is under way. FEDEMAC in conjuction with the IRU is currently collecting data on all cases where drivers have been fined due to this new interpretation of the law.
Therefore, we kindly ask you to inform us as soon as possible if any of your drivers have experienced a similar problem. Please let us know the number of vehicles/drivers stopped and fined, the levels of fines imposed, nationalities/registration plates specifically targeted or any other information that could be relevant.
As this is a time sensitive matter, I look forward to hearing from you as soon as possible.
Kind regards,
Gabriela Dimitrova
FEDEMAC President
No need to take 45 minutes break if you change drivers every 4,5 hours. 45 minutes can be taken in moving vehicle. Only thing to remember is to take 9 hours rest after 21 hours.
V8Lenny:
No need to take 45 minutes break if you change drivers every 4,5 hours. 45 minutes can be taken in moving vehicle. Only thing to remember is to take 9 hours rest after 21 hours.
Only if you do not drive in France.
Good old France, law unto itself as usual
switchlogic:
Good old France, law unto itself as usual
Give it a few months and maybe Luc over on Camionnet.fr may be saying the same about the British! 
Ahhh. So they’ve been told to stop mucking drivers about over the 45hr rest in the cab thing, or so I’ve heard recently.
Now they’ve come up with this instead. They seem determined to find some way, any way they can, to muck drivers about don’t they ?
Would have to be that section, we drop down from Denmark into France through Metz - can’t run Holand or Belgium.
Bless 'em.
Edit: Looked at the dutch link there and hit the translate button on the comments below, much like being on trucknet - our Dutch brothers are equally p!ssed off with all the same things we are.
Iru and european enforcement working group have asked the french to reconsider.
iru.org/resources/newsroom/ … g-concerns
According to a dutch news site, the french should have instructed their police to an other interpretation of the rules, and hauliers who had a fine are to oppose the fine 
transport-online.nl/site/710 … overwegen/ (sorry, no english version available)
So, in a few weeks those policemen will get a lettre stating, good try, but to obvious and please find another way to harass drivers. 
Unless you were the ones who were fined and had to fork out 15000 euro’s, another storm in a tea cup. 