Legal Test Case Clarifies Ferry Rest Periods

tachograph:

Outandabout:
The law clearly states, (I don’t have time to look it up and paste a link, but if you want to!! Feel free)

You must be ALLOCATED a bunk or couchette!
The prime word here is ALLOCATED.

I’m probably being a bit pedantic but the regulations state you must have access to a bunk or couchette it says nothing about being allocated one.

Article 9 - (EC) 561/2006

  1. 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.

Interesting…so one could use a ferry movement on the Cairnryan to Belfast crossing as there are bunks available(access)should you want to pay for one?

A lot of people have been missing the wording of the regulations also being “other activities” that will catch some people out as its not just driving time but all activities,
I.E. time spent waiting to leave the ferry as well as any customs checks. This will reduce the movement time!!!

This raises an interesting question. I agree that if a ferry crossing is long enough you can take a weekly rest period on it, but now that several countries have said that you cannot take a full rest period away from home where do we stand now, does it make a difference that we are sailing in international waters? :smiley:

Wheel Nut:
This raises an interesting question. I agree that if a ferry crossing is long enough you can take a weekly rest period on it, but now that several countries have said that you cannot take a full rest period away from home where do we stand now, does it make a difference that we are sailing in international waters? :smiley:

They are not saying that you cannot take a full weekend break away from home, they are saying you cannot take it in your vehicle. Therefore taking it in a ship, hotel, tent or some slap pets house is deemed to be acceptable.

Shoot me down if you must. Can I board a ferry after x15 hrs have elapsed. Interupting a daily rest using ferry mode?

yuppie:
Shoot me down if you must. Can I board a ferry after x15 hrs have elapsed. Interupting a daily rest using ferry mode?

No!
Because it has to be a full 11hr rest period if you are going to interrupt it.
If you’ve done 15 hrs, you only have a reduced 9 hour rest available.

Simon:

yuppie:
Shoot me down if you must. Can I board a ferry after x15 hrs have elapsed. Interupting a daily rest using ferry mode?

No!
Because it has to be a full 11hr rest period if you are going to interrupt it.
If you’ve done 15 hrs, you only have a reduced 9 hour rest available.

Almost.!
If you’ve had a solid 3hr rest during your 15, the 9 off counts as a full rest, and so can be interrupted.
But, if it is a full 15 the a available time to shunt is zero. If you have be worked a 14hr “spread” incliding a 3hr rest, you will have the full hour available.

Thanks, that makes it clearer. Shift start 0700. Shift finish 1800hr. Board ferry 2200hr.