Hi
I stumbled across this whilst looking for something else, but my new client is planning on using double man rules for their drivers in france so I now don’t know what to advise
the article is from may 2016 so I guess there will have been a ruling to clarify it but I can’t find it, does anyone know anything about this?
It was always written so, legislation has not changed since the ec agreement was agreed. The UK said they would allow the first 45 period of the second man to be classed as break, the regulations don’t say that though.
Just like a driver taking a full weekly rest period in the vehicle, the regulation hasn’t changed, it’s the interpretation that has been fully understood.
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the main criteria for double manning is to be kitted out with a wife beater vest,a can of spray on oxter guff,minging trackies,flipflops and a pair of golfing socks to encase your feet as they rest on the dashboard.
if you look the part,you will just blend in with the rest and less likely to get a tug. 
It wasn’t just the UK that accepted that the first 45 minutes of POA while a driver was a passenger in a moving vehicle could be considered as break, it was in the guidance notes issued by the EU with the drivers hours regs 561/2006 and therefore accepted by all countries, until the French decided to make up their own interpritation so far the regs, I believe they were told to stop pretty quickly.
The third is 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’.
Isn’t this why newer tachos allow a fresh four+half drive after 45min period of availability? The 2nd man slot can’t show ‘bed’ when moving, but goes into PoA.
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Typical french, when this first surfaced we were advised to take a 45 after we had both done a stint.
Now we dont bother and everyone has forgot about it. We double man most of the time.
Advise away and let your customer make the decision.
thanks muckles that is exactly what I was looking for as thought the ecj would have either heard a case to define interpretation or issued guidance, will prob mention in passing but am satisfied they can plan their double man journeys as they currently are and still be compliant
We adopted 3 hrs each driver then 45 min break .
Never had a problem in France with that system then reverted back to normal after it had been challenged in the courts .
It did seem to add an extra shift if away all week as you lost a couple of hours each day taking breaks .
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