sapper:
Another way round this question, would be to have 44 hrs off as a reduced weekly rest, in the cab and add an extra hour to the daily rest period on, say, wed or thur, making up the shortfall, problem solved.
Sapper
That would not constitute a full 45 hr break though !
Ditto - making up a reduced weekly rest does make a full weekly rest
Rog have you written that wrong ?
Nope
A full weekly rest is only when 45 unbroken hours have been taken off in one go
You had written it wrong, the way you’ve written it reads that compensating for a reduced weekly rest makes it a regular weekly rest which it doesn’t.
Well, I think it will be interesting to see what’s in Mr. Monk’s official reply from VOSA, to see if someone there will put their head over the parapet.
Tin hat ready… I am confused by the ambiguity here due to an apparent omission in the full range of possibilities in the law, but AIUI, if something is not legislated against in law, so to speak, then it is not illegal. i.e. implying in this instance, a full weekly rest in a cab… is NOT illegal, as there is nothing to state that, though this interpretation is most likely wrong, in this instance, at least.
Having done a bit of googling, surely this is all related to the older regs (EEC 3820/85) wherein:- “This (weekly) rest period may be reduced to a minimum of 36 consecutive hours if taken at the place where the vehicle is normally based or where the driver is based, or to a minimum of 24 consecutive hours if taken elsewhere”. This implies, to me, a sort of carry-over from the old regs (where it was basically not possible to have a 24 hour weekly rest at base?) but the new regs are more lenient in this respect.
What is needed is a proper legal expert to clarify though.
Snudger:
Well, I think it will be interesting to see what’s in Mr. Monk’s official reply from VOSA, to see if someone there will put their head over the parapet.
Tin hat ready… I am confused by the ambiguity here due to an apparent omission in the full range of possibilities in the law, but AIUI, if something is not legislated against in law, so to speak, then it is not illegal. i.e. implying in this instance, a full weekly rest in a cab… is NOT illegal, as there is nothing to state that, though this interpretation is most likely wrong, in this instance, at least.
Having done a bit of googling, surely this is all related to the older regs (EEC 3820/85) wherein:- “This (weekly) rest period may be reduced to a minimum of 36 consecutive hours if taken at the place where the vehicle is normally based or where the driver is based, or to a minimum of 24 consecutive hours if taken elsewhere”. This implies, to me, a sort of carry-over from the old regs (where it was basically not possible to have a 24 hour weekly rest at base?) but the new regs are more lenient in this respect.
What is needed is a proper legal expert to clarify though.
That’s how I interpret it too !
Incidentally I think the law allowing us to take a 24 hr break at home and the 144 hour ruling were both massive steps backwards.
Why the bloody hell should we have to prove where we was on our weekend breaks, or when we have 1 or 2 weeks off and have to produce a holiday note from the firm, to me it’s a crock of ■■■ or nanny state what ever happened to innocent until proven guilty they should acctually have to catch you in the act I think get really peeved by the laws they impose on us there’s not enough flexibility in the laws for drivers you should only get a fine if you persitantly break them, like a few months back I made the mistake of my 11 hour break went 1 hour over the 24 hr period so it wasn’t a case of of driving over my time or the amount of hrs break it just happened to be i made an error in calculation when you do it as you drive in your head the fine at the roadside was 70€ but got no cash with me so I said you’ll have to post it to me (as I was in Austria wher i live) copper asked if I had proof of where I live yup got my reciept fo my tacho card !!! not good enough I could have moved anyway got that sorted fine came through post 270€ so gave it to the firm and said if they think I’m paying that much for an hour then I want to be paid that much an hour they got it reduced to 100€ which i think is extortion , if I was a genius at maths I’d be an accountant and not a truck driver
sankev13:
Why the bloody hell should we have to prove where we was on our weekend breaks, or when we have 1 or 2 weeks off and have to produce a holiday note from the firm, to me it’s a crock of ■■■ or nanny state what ever happened to innocent until proven guilty they should acctually have to catch you in the act I think get really peeved by the laws they impose on us there’s not enough flexibility in the laws for drivers you should only get a fine if you persitantly break them, like a few months back I made the mistake of my 11 hour break went 1 hour over the 24 hr period so it wasn’t a case of of driving over my time or the amount of hrs break it just happened to be i made an error in calculation when you do it as you drive in your head the fine at the roadside was 70€ but got no cash with me so I said you’ll have to post it to me (as I was in Austria wher i live) copper asked if I had proof of where I live yup got my reciept fo my tacho card !!! not good enough I could have moved anyway got that sorted fine came through post 270€ so gave it to the firm and said if they think I’m paying that much for an hour then I want to be paid that much an hour they got it reduced to 100€ which i think is extortion , if I was a genius at maths I’d be an accountant and not a truck driver
There is no need to be a genius at maths. You only have to be able to count up to 15. From what I can make out, you failed at counting up to 13.
sankev13:
Why the bloody hell should we have to prove where we was on our weekend breaks, or when we have 1 or 2 weeks off and have to produce a holiday note from the firm, to me it’s a crock of ■■■ or nanny state what ever happened to innocent until proven guilty they should acctually have to catch you in the act I think get really peeved by the laws they impose on us there’s not enough flexibility in the laws for drivers you should only get a fine if you persitantly break them, like a few months back I made the mistake of my 11 hour break went 1 hour over the 24 hr period so it wasn’t a case of of driving over my time or the amount of hrs break it just happened to be i made an error in calculation when you do it as you drive in your head the fine at the roadside was 70€ but got no cash with me so I said you’ll have to post it to me (as I was in Austria wher i live) copper asked if I had proof of where I live yup got my reciept fo my tacho card !!! not good enough I could have moved anyway got that sorted fine came through post 270€ so gave it to the firm and said if they think I’m paying that much for an hour then I want to be paid that much an hour they got it reduced to 100€ which i think is extortion , if I was a genius at maths I’d be an accountant and not a truck driver
There is no need to be a genius at maths. You only have to be able to count up to 15. From what I can make out, you failed at counting up to 13.
Still waiting for an answer…Oh well, i can do that…what weve been doing for years, park up for the weekend, monday morning move off…job done, if we get stopped, we just show, and prove that we have had a 45 hrs weekly rest. There would be no comebacks, as it would mean parking up every truck, in every eu country, using every hotel available…not gonna happen, so just carry on as per usual using your own facilities, and harry, stop trying to get the east europeans banned from doing it in our country, let sleeping dogs lie eh !
truckyboy:
Still waiting for an answer…Oh well, i can do that…what weve been doing for years, park up for the weekend, monday morning move off…job done, if we get stopped, we just show, and prove that we have had a 45 hrs weekly rest. There would be no comebacks, as it would mean parking up every truck, in every eu country, using every hotel available…not gonna happen, so just carry on as per usual using your own facilities, and harry, stop trying to get the east europeans banned from doing it in our country, let sleeping dogs lie eh !
Spot on there Bobby !!
Simples innit…How are ya you old sleeping dog ■■
All well at my end.
Best regards
GS
Just received this email alert from the Fta. things seem to be moving .
BELGIUM - WEEKEND REST IN THE CAB TO BE PROHIBITED
FEBETRA, the Belgian transport trade association, has advised that, with effect from 21 June, the authorities intend to enforce a prohibition whereby drivers may not take their normal weekend rest in the cab. Fines may be imposed for non-compliance.
The Belgian Government believes that it can enforce this new rule thanks to its interpretation of Regulation 561/2006 Article 8.8, which allows this facility for reduced weekly rest but not normal rest.
The IRU has raised concerns with this new prohibition with EU authorities in Brussels and we will pass on any further information received to international members.
Just been chatting to someone who had similar from Rha today
Also that a hotel is not allowed either and only Belgium locals can take a 45 hr on their soil
At 1800 euro fines be cheaper to run bent have a 24 and get on
You try to do things right and keep going now looks like the Taliban f@@@@d it for us all
If others bring it in going to be some serious fine money collected
Or a lot if running bent as fines be cheaper
so gave it to the firm and said if they think I’m paying that much for an hour then I want to be paid that much an hour 
