shep532:
Mike-C:
Here’s why you’re wrong. You cannot legally interupt any rest period. With one exception, thats when you use “ferry mode” to denote your legitimate interuption of your rest period in order to board the ferry. So if you’ve took an hour, then used “ferry mode” as your “legal interuption” and then continue on your rest period for 9 hours. Unless you can scrub the “ferry mode” interuption off your record what you’re looking at on disembarking is an interupted 10 hour rest. You cannot legally interupt a 10 hour rest, with “ferry mode” and you’ll be very hard pushed to tell anyone that you can. There’s also no requirement to use “ferry mode” either just because you are embarking on a “ferry”. It is used specifically as an interuption of your rest period. Thats why there’s no need to use “ferry mode” on the Woolich Ferry for instance. 
Your argument that you have not interupted a nine hour rest is a red herring. Its neither here nor there and its not what the regulations say. And assuming you recorded your activities correctly on your card, i.e 1 hour rest, ferry interuption, 9 hour rest then it will be that itself that would hang you.
Pay attention to what your instructor tells you 
I can’t say I agree at all. The data would show a single uninterrupted rest of 9 hours. If - and it’s a big if - anyone queried the ferry symbol a simple written manual entry would explain it as a simple change of plan. The driver set out to take 11 hours and interrupt it twice etc. a phone call changed his plan and he elected to use a reduced rest.
As long as the 9 hours was continuous no offence has been committed.
Like I said we could argue this one all night but of course I’m right. 
EDIT: Can you point me to the relevant ‘offence’ in the Enforcement Sanctions Policy? We can see how much they’d hand the driver by
Listen mate, as a moderator i know i shoudn’t but…you are clueless in this matter. I wouldn’t ordinarily stick my neck out and say that, but seeing as you teach it, seeing as you wanted to report someone for getting it wrong, and you’re still getting it wrong then i’ll roll with it. If i was you i’d of scratched my chin and researched it before commenting further.
If we’re now at the point where i need to point you to the relevant offence in the Enforcement sanctions policy then that depends upon what the driver has recorded and what he says. So we’ll just stick to the above scenario and your “simple change of plan”.
PLS Code 4-33A / With intent to decieve alters an entry in a book, register or document.
You can’t change your mode with hindsight.
The deception is easy…start a daily rest, then interupt it as permitted, then continue daily rest for 9 hours. You’re now gonna say your daily rest started 9 hours ago when you where on the ferry ? Ok, why did you book off and start rest an hour before in the port ? Why did you “interupt” this rest ? Oh i see, its not rest now ? No ok we’ll just scrub that, we’ll call it break. Ok… Not happening.
The ferry movement…lets discuss that. Is it at the end of your day, or the beginning of your day ? If its the end of your day do you have enough hours left to do the movement ? You can’t run out of hours or time and then move onto a ferry an hour later and then start off again from scratch. LIkewise you can’t start your next shift until you’ve had a daily rest, so if you’re gonna resume when you start moving to get on the ferry then thats where your rest will end, assuming you’ve had a daily rest ?
As its probably sinking in with you about now the ability to move onto or off a ferry whilst on rest is only brought about by invoking the “ferry mode” get out clause for the movement. Once you invoke the “ferry mode” get out clause you need to accomplish 11 hours rest. There is no way round it.
Yes you can drive to a ferry, get on board and have 9 hours rest and drive off. But thats not what we’re talking about here. What was the name of your company that you teach for BTW, you never said ?
