Have had a look and can’t find an answer so here goes
Been discussed at work the other day and I read my copy of the rules and couldn’t find a specific answer so said I would ask on here, someone will know the definitive answer I’m sure.
Can I take a reduced weekly rest in the yard ? Rulebook says you can take one “away from base” but doesn’t say you can’t “at base”■■
Several of our drivers will weekend in the yard from time to time (we have drivers from all over, inc’ 2 who live in France and at least 1 living in Spain) and would like to know the answer
Sounds pretty simple I know, but not if you don’t know
skorpio:
Have had a look and can’t find an answer so here goes
Been discussed at work the other day and I read my copy of the rules and couldn’t find a specific answer so said I would ask on here, someone will know the definitive answer I’m sure.
Can I take a reduced weekly rest in the yard ? Rulebook says you can take one “away from base” but doesn’t say you can’t “at base”■■
Several of our drivers will weekend in the yard from time to time (we have drivers from all over, inc’ 2 who live in France and at least 1 living in Spain) and would like to know the answer
Sounds pretty simple I know, but not if you don’t know
Yes you can have a reduced weekly rest period in the vehicle at base if it’s what the driver wants to do, there’s nothing in the regulations that I know of that forbids it.
Where a driver chooses to do this, daily rest periods and
reduced weekly rest periods away from base may be taken in a
vehicle, as long as it has suitable sleeping facilities for each
driver and the vehicle is stationary.
You can take a reduced weekly rest at base but not in the vehicle, you can go home or go to a hotel or a mates. It is the flip-side of not being allowed to take a full weekly rest in the vehicle away from base.
Article 8, 8 clearly says only reduced rest periods away form base can be taken in a vehicle. The solution is easy though, just park down the road from the yard and you are away from base, there is no minimum distance specified as ‘away from base’.
skorpio:
Can I take a reduced weekly rest in the yard ? Rulebook says you can take one “away from base” but doesn’t say you can’t “at base”■■
Actually the rulebook does say you can’t. By specifying where you can take a reduced rest in the vehicle it means anything not specified is by definition a cannot.
tachograph:
Yes you can have a reduced weekly rest period in the vehicle at base if it’s what the driver wants to do, there’s nothing in the regulations that I know of that forbids it.
You mean apart from the Article from the regulations you quoted?
tachograph:
Yes you can have a reduced weekly rest period in the vehicle at base if it’s what the driver wants to do, there’s nothing in the regulations that I know of that forbids it.
You mean apart from the Article from the regulations you quoted?
Errr no it doesn’t
The regulations state quite clearly that where a driver chooses to he can have a reduced weekly rest in the vehicle away from base.
It does not prohibit the driver from having a reduced weekly rest period in the vehicle at base.
If I was to choose to spend my free time sleeping in a cab in the yard I fail to see how that’s any-ones business but mine and my employers
Coffeeholic:
Article 8, 8 clearly says only reduced rest periods away form base can be taken in a vehicle
Nope doesn’t say that in the copy I have
Where a driver chooses to do this, daily rest periods and
reduced weekly rest periods away from base may be taken in a
vehicle, as long as it has suitable sleeping facilities for each
driver and the vehicle is stationary.
tachograph:
Yes you can have a reduced weekly rest period in the vehicle at base if it’s what the driver wants to do, there’s nothing in the regulations that I know of that forbids it.
You mean apart from the Article from the regulations you quoted?
Errr no it doesn’t
The regulations state quite clearly that where a driver chooses to he can have a reduced weekly rest in the vehicle away from base.
It does not prohibit the driver from having a reduced weekly rest period in the vehicle at base.
It does, it defines what type of rest periods, and therefore only those type, which can be taken in a vehicle.
tachograph:
Coffeeholic:
Article 8, 8 clearly says only reduced rest periods away form base can be taken in a vehicle
Nope doesn’t say that in the copy I have
Err yes it does say that in the copy you have, assuming you have a copy of EU 561/2006 and not some MMTM version.
By specifying that a reduced break in a vehicle may be taken away from base but not mentioning at base it is indeed saying that. In the same way that article means is is not legal to take a full weekly rest in the vehicle away from base, as confirmed in the past by a certain VOSA person on here, the flip side is that you cannot take a reduced weekly rest at base in a vehicle.
This clearly states what type of rest periods can be taken in a vehicle and reduced at base isn’t one of them, just as a regular anywhere isn’t.
Where a driver chooses to do this, daily rest periods and
reduced weekly rest periods away from base may be taken in a
vehicle, as long as it has suitable sleeping facilities for each
driver and the vehicle is stationary.
tachograph:
By the way you deleted your original post quickly
I did, because I hadn’t read the OP’s question properly and I answered it based on just taking a reduced weekly rest at base and not specifically taking it in the vehicle at base, which are two different answers.
I doubt you would ever get nicked for having a reduced in the vehicle at base or a regular away from base, the French and Spanish would have been all over that like ROG on a pre mod thread, but it is fun winding drivers up about it. And taking the regulations strictly to the letter it isn’t allowed.
Hang on, I’m even more confused now than I was before what you’re saying is I can’t take a reduced rest in the yard, ok understand that, thanks, but surely I can take a regular rest away from the yard
skorpio:
Hang on, I’m even more confused now than I was before what you’re saying is I can’t take a reduced rest in the yard, ok understand that, thanks, but surely I can take a regular rest away from the yard
Not legally in the vehicle you can’t.
Read Article 8, section 8 and it tells you the types of rest you can take in a vehicle and a regular weekly rest is not one of them and neither is a reduced weekly rest at base.
Thanks to Article 8, 8 you can take the following rest periods in a a vehicle. Reduced Daily Rest. Regular Daily Rest. Reduced Weekly Rest away from home.
ROG:
Has any driver ever been prosecuted for either taking a full weekly rest in a vehicle or for taking a weekly rest in a truck in the yard at base?
I am guessing that the answer will be no as taking the required rest with a bed available is probably more important than where it is taken …
I doubt this very much, or as already pointed out out the Belgians French and Spanish authorities would be waiting outside the cab of a sleeping driver in a truckstop Just in case they slept for one minute over 44h59m
What you are saying is if you live on the premises you cannot take a reduced rest ever Get Real.
You need to read the whole article
(h) ‘weekly rest period’ means the weekly period during which a driver may freely dispose of his time and covers a ‘regular weekly rest period’ and a ‘reduced weekly rest period’:
So if the driver chooses to he can take rest at base. the article referring to Where drives chooses needs to be read in both parts.
Article 8
7. Any rest taken as compensation for a reduced weekly rest
period shall be attached to another rest period of at least nine
hours.
Where a driver chooses to do this, daily rest periods and
reduced weekly rest periods away from base may be taken in a
vehicle, as long as it has suitable sleeping facilities for each
driver and the vehicle is stationary.
As you can see the it refers to compensation not weekly rest in general.
old skool kid:
What you are saying is if you live on the premises you cannot take a reduced rest ever Get Real.
You need to read the whole article
(h) ‘weekly rest period’ means the weekly period during which a driver may freely dispose of his time and covers a ‘regular weekly rest period’ and a ‘reduced weekly rest period’:
So if the driver chooses to he can take rest at base. the article referring to Where drives chooses needs to be read in both parts.
Article 8
7. Any rest taken as compensation for a reduced weekly rest
period shall be attached to another rest period of at least nine
hours.
Where a driver chooses to do this, daily rest periods and
reduced weekly rest periods away from base may be taken in a
vehicle, as long as it has suitable sleeping facilities for each
driver and the vehicle is stationary.
As you can see the it refers to compensation not weekly rest in general.
I might be wrong then again I might be right.
I think this section explains why the regulations were changed, which could be taken to mean that the authorities do not want drivers parked in a foreign layby for 66 hours and only in the depot near home for 24 hours.
This Regulation aims to improve social conditions for
employees who are covered by it, as well as to improve
general road safety. It does so mainly by means of the
provisions pertaining to maximum driving times per day,
per week and per period of two consecutive weeks, the
provision which obliges drivers to take a regular weekly
rest period at least once per two consecutive weeks and
the provisions which prescribe that under no circumstances
should a daily rest period be less than an
uninterrupted period of nine hours. Since those provisions
guarantee adequate rest, and also taking into
account experience with enforcement practices during
the past years, a system of compensation for reduced
daily rest periods is no longer necessary.
Then this piece in article 11 gives a country the option to make up its own rules.
A Member State may provide for longer minimum breaks and
rest periods or shorter maximum driving times than those laid
down in Articles 6 to 9 in the case of carriage by road
undertaken wholly within its territory. In so doing, Member
States shall take account of relevant collective or other
agreements between the social partners. Nevertheless, this
Regulation shall remain applicable to drivers engaged in
international transport operations.
This is quite confusing. So, when you’re reducing your weekly rest, and, by definition, have less time off, you have to spend some of that time getting home and back again? I’m sure that’s correct, but it doesn’t seem to make much sense.
And all those people working away for 3 weeks at a time are breaking these rules?
Also, I have in the past, gone into the yard to sleep in the truck the night before my first shift if it’s an early one - so part at home and part at base - where would you stand with that?
grumpybum:
This is quite confusing. So, when you’re reducing your weekly rest, and, by definition, have less time off, you have to spend some of that time getting home and back again? I’m sure that’s correct, but it doesn’t seem to make much sense.
That is why the law is an ■■■
And all those people working away for 3 weeks at a time are breaking these rules?
To the letter of the law it looks like it, but until there is a test case■■?
Also, I have in the past, gone into the yard to sleep in the truck the night before my first shift if it’s an early one - so part at home and part at base - where would you stand with that?
old skool kid:
What you are saying is if you live on the premises you cannot take a reduced rest ever Get Real.
You’re an idiot, where did I say that?
Of course you can take a reduced rest if you live on the premises, you just can’t take in the vehicle and if you live on the premises you aren’t likely to be in the vehicle are you?
And all the stuff you have quoted about compensation is irrelevant to the OP’s question, are you ROG in disguise.
old skool kid:
What you are saying is if you live on the premises you cannot take a reduced rest ever Get Real.
You’re an idiot, where did I say that?
I didn’t say YOU said it, I was referring to The Question.
My point is read Article 8 section 7 then section 8 refers to section 7 or it would not read "WHERE A DRIVER CHOOSES TO DO THIS…It would read where a driver chooses to…?
Any rest taken as compensation for a reduced weekly rest
period shall be attached to another rest period of at least nine
hours.
Where a driver chooses to do this, daily rest periods and
reduced weekly rest periods away from base may be taken in a
vehicle, as long as it has suitable sleeping facilities for each
driver and the vehicle is stationary.
My point is can anyone show me where does it say you can not take rest in your yard in your truck if you want to.
Until a test case we may never know
Good thing about Digi is it doesn’t tell anyone were you start of finish
Just in case they slept for one minute over 44h59m