Can you believe it ! for all the stress you can get from Vosa checkpoints over insufficient rest etc- - - I’ve just had a ‘conversation’ with a senior traffic area examiner concerning the points outlined in my last post , ( Irish tramping using Holyhead and Belfast ferries) , outlining systematic disregard by the operator for ferry movement appropriate rest periods, running long distances during the ferry movement period and intimidation of drivers who wont break the law to turn around from Newark; turning a blind eye to drivers who do - - guess what " no problem" as far as Vosa enforcement area 5 is concerned. !! Well , at the inquest of the first fatalities of any of my former colleagues, I want to be there to highlight Vosa’s corporate culperbility contributing to their demise. Insufficient rest on a week by week basis on a ‘bus route’ Sunday to Thursday Irish -Newark routine is out of order. Nolans, the flip flop brigade and others get hammered - DHL Newark ?- no problem !. Can you believe it !. Its not a case of wanting them prosecuted out of hand - - just get a fair deal for the overtired driver on a job where it is absolutley NOT necessary to break the law !!
When travelling by ferry boat or train the following advice is given by VOSA regarding splitting an 11 Hour Daily Rest Period, ie taking part of it at a Ferry Port and part of it on the Ferry
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 on to a ferry and off again at the end of the crossing. Where the rest period is interrupted in this way, the total accumulated rest period must still be 11 hours. A bunk or couchette must be available during the rest period.
So I do the following which my Boss thinks is legal as the total rest is 11 Hours
07.00 to 22.00 (15 Hour working Day)
22.00 to 05.00 ( 7 Hours Daily Rest Period at Ferrry Terminal in sleeper cab )
05.00 to 05.30 (30 Minutes Driving onto Ferry)
05.30 to 09.30 (4 Hours Daily Rest Period on Ferry in Cabin )
What I am confused about here is that my understanding of Daily Rest is that it must be taken in the 24 Hour period starting from the time the driver starts work. The working day started at 07.00AM. In the 24 Hour period from 07.00AM to 07.00AM the following day a total of 8 Hours and 30 Minutes has been taken. The remaing rest taken has been taken after 07.00AM and therfore presumably can not count . Have I understood this correctly? 
R
Welcome to Trucknet-UK ainafjd6886 
You are correct, you can interrupt a regular 11 hour daily daily rest period but should still have completed the 11 hours daily rest within the 24 hour period from start of shift.
What your boss is suggesting is an offence that would be classed as “insufficient daily rest”.
To take advantage of the interrupted daily rest when travelling on a ferry or train you should have a regular 11 hour daily rest period completed within the 24 hour period from start of shift (11 hours rest plus the duration of the interruptions), you should have access to a bunk or couchette.
You can interrupt the full daily rest period no more than twice for a total interruption/interruptions of no more than 1 hour total.
Article 9
- 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.
Hope this helps
ainafjd6886:
When travelling by ferry boat or train the following advice is given by VOSA regarding splitting an 11 Hour Daily Rest Period, ie taking part of it at a Ferry Port and part of it on the FerryA 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 on to a ferry and off again at the end of the crossing. Where the rest period is interrupted in this way, the total accumulated rest period must still be 11 hours. A bunk or couchette must be available during the rest period.
So I do the following which my Boss thinks is legal as the total rest is 11 Hours
07.00 to 22.00 (15 Hour working Day)
22.00 to 05.00 ( 7 Hours Daily Rest Period at Ferrry Terminal in sleeper cab )
05.00 to 05.30 (30 Minutes Driving onto Ferry)
05.30 to 09.30 (4 Hours Daily Rest Period on Ferry in Cabin )
What I am confused about here is that my understanding of Daily Rest is that it must be taken in the 24 Hour period starting from the time the driver starts work. The working day started at 07.00AM. In the 24 Hour period from 07.00AM to 07.00AM the following day a total of 8 Hours and 30 Minutes has been taken. The remaing rest taken has been taken after 07.00AM and therfore presumably can not count . Have I understood this correctly?
R
You cannot fit an 11 hour regular rest in if you are working from 7 till 2200
end of story
ainafjd6886:
What I am confused about here is that my understanding of Daily Rest is that it must be taken in the 24 Hour period starting from the time the driver starts work
I don’t think you are confused at all - your boss is
Article 8
2. Within each period of 24 hours after the end of the
previous daily rest period or weekly rest period a driver shall
have taken a new daily rest period.
My GUESS is that the boss is reading the wording DEROGATION FROM ARTICLE 8 to mean that article 9 usurps ALL the rules in article 8 - maybe?
Article 9
- 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.
he minimum ferry DR of 11 hours can be taken only if your working day is 13 hours or less ( =24 hours total)----unless the ferry crossing will be over 9, you can take a reduced DR in your totals and you have time to embark before taking your DR. Disembark after setting “begin country” and off you go… Ferry rules then not required.
or if you follow advice above - working day of 12 hours total to allow the max1 hour total accumulated ferry movement time + the min 11 hours rest
If it doesnt fit in total to 24 hours max before you commence next working day you need to take a reduced DR on land as per normal ==you cannot legally take the crossing on a ferry DR . There’s no provision in the regs that allows for a 24 hour plus total working day that I know of.
Start fresh on the next available ferry of next working day.
All duty days of any kind are limited to 24 hours including ferry concession DR’s.
Open invitation to any viewing VOSA enforcer- -? right or wrong ? email me or post info…
…you hear so many conflicting theories on just about every ferry crossing about the ferry DR regs. Some drivers I worked with on DHL irish out of newark worked a 15 day in Ireland and back to the dock,- took the 0215 Holyhead on ferry DR, drove off the ship on their disembarking ferry mode till the full movement hour clocked up- stopped anywhere from Bangor to Chester services! When at 11 hours total ferry DR time, then carried on to Newark on the new ‘card’, swapped trailers drove back to Holyhead and took the 2130 stena back to Dublin on ferry DR. Did it every week for months. Every one at DHL transport Newark thought they were legal. My oppo and I took reduced DR on Dublin dock, started fresh ‘card’ 0820 Holyhead next morning therefore needing a trailer swap at Risley, Manchester to stay within the law to get back to Holyhead for the 2130. We were treated with contempt by transport week after week every tuesday turnround-day coz they had to ship our trailers out from newark to us.
Forums like this are so useful to air this kind of issue.
Many thanks to all, especially Tachograph, you confirmed what I thought It’s awkward when u know your right and the Boss thinks he’s right. What I’m going to do is print the replies to show him, Andrew
Just to add I often used to work 15 in run up to a ferry rest, until VOSA relieved me of £260. You live and learn.