The Regs relating to emergencies list numerous instances for qualifying events, but who decides when the emergency starts and ends? As it is easiest to to use the most frequent example of a Railway Emergency, I will use this as the basis for questions.
There has been a major incident that has stopped service on a section of line and replacement buses are needed. This interruption lasts for let’s say 4 days and 20 vehicles respond.
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Can a driver who has just finished a shift drive a vehicle on this emergency immediately and continue driving in excess of his limits for that day, or must he have daily rest period first?
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A driver is on a daily rest period when the emergency occurs, can he interrupt this rest period and start work immediately?
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Normal scheduled services cease at 23.30 and resume at 05.00 the next day. Can a driver either stay in a Hotel, or in the vehicle overnight, and resume driving after this 5 1/2 hour break?
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Is day two still an Emergency? or is it a scheduled Railway Replacement Service subject to Drivers’ hours regs?
5)The emergency ends. The driver has been on spreadover duty (ie he has had some rest breaks) for 21 hours. He is in the middle of his normal working week. Does he require a full daily rest or a full weekly rest before resuming a normal duty?