toby1234abc:
What if you driven from the Ukraine,Turkey,Greece,Romania or Bulgaria and you are due 45 hours off in the country where you not allowed to sleep in the cab,where are all the drivers going to stay then
A matress and bunk bed inside the trailer ?
Hotels or campsites ? Their bosses will not pay for that.The farmers could let them stay on their farm.
as this is not a fight against inadequate rest due to the cramped space of a lorry cab but a fight against the cheaper easterners working in western europe I doubt you’d have any problems if the cards show you’ve driven there and back, not turkey to greece, turkey to greece and so on.
rizlaracing:
Will mess some tour trucks up with the driver still in a moving vehicle on a 45 ■■?
A driver in a moving vehicle whilst on a 45 hour break■■?
Some comments on here really do astound me, but I presume you’re talking about Fly By Nite!!!
well either there not enforcing it or the eastern Europeans haven’t bin told about it. as last week end the service areas in belguim from the corridor up to Antwerp were a packed as ever and it was late afternoon we i went up that way on Saturday
the flying foden:
well either there not enforcing it or the eastern Europeans haven’t bin told about it. as last week end the service areas in belguim from the corridor up to Antwerp were a packed as ever and it was late afternoon we i went up that way on Saturday
They can’t be - just pulled into all4trucks for a 9 and the place is more packed than ever with yellow trucks
Kerbdog:
Who is actually enforcing this in Belgium ?
From what I heard on Inselaffe’s linked clip, it’s the Belgian Traffic Police.
If you watch the clip at 5min 14sec, you’ll hear “Verkehrspolizist” which means Traffic Policeman, so I guess it’s the Belgian Police. Maybe their equivalent of DVSA/BAG are getting in on the act too??
Wing and a prayer:
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.
Holland France and Germany to follow,
Maybe a test case is needed, or a clarification from the lawgiver.
I think it’s arguable both ways, because there’s nothing I can see that actually prohibits taking a regular weekly rest in a stationary vehicle, but in all fairness, neither does it give permission for it.
I think it’s arguable, because if it went to court the prosecutor can’t actually point to the offence in the statute, and the burden of proof is usually on the prosecution. Maybe the Belgian legal system has a different take on the idea of ‘burden of proof.’
I find it very strange and possibly rather convenient for the authorities that this ‘loophole’ seems to have only just been found and seems to be being exploited to suit a different purpose since the present Regs have been in force for 7ish years.
I think we will see more of our East European friends staying this side of the water to take their 45hrs rest . The UK won’t enforce this rule, it’s taken us forever to get foreign hgv’s to pay some form of road tax.
As dieseldave says there is no specific law says you cannot sleep in your cab for a full weekend break just an interpretation of the law by the belgian authorities and you would think the burden of proof would lie with the prosecution but do you make a stand at the side of the road or do you just pay the ransom money. Even if you do have 45hrs off who is to know where you spent the time or are you presumed guilty anyway.
Its a case of its legal but illegal, and with the introduction of the digi card one can prove that he hasnt inserted it into any vehicle for 45 hours, therefore he must have rested so thats my first point. Ther is no wording involved in the article that says a driver must stay in a hotel, that is also not the issue in the interpretation, and i didnt expect a true answer from VOSA anyway because it was also involving other EU countries of which they have no jurisdiction.
I myself did write to my euro mp and didnt get much of a reply except to more or less say that other countries can do what they like on their soil, but would take up the question of the high fines, all of this has come about because Belgium dared to interpret a law already written into the constitution, the same as dipping your tanks when going into Germany, the whole of the eu had the same law including the uk, but didnt interpret it. The way to look at it is they are over exposed with east europeans parked on their soil blocking service areas etc and expecting everything for free, so the easy way is to hand out heavy fines, unfortunately uk trucks also go abroad, and rather than Belgium looking like a bunch of racists have implemented to all and sundry, so France said that was a good idea and the band wagon began, now the reality is if all of the eu brought this in there will be a lot of trucks and drivers up the creek without a paddle, and most of those would be those spending weeks away, or for journeys outside of the eu where they can take a weekly rest in the cab without hindrance and the fact VOSA has been woken up about this could very well increase the work available to uk hauliers, but i doubt the uk would enforce this rule as we all know they are spineless especially when it comes to those in the transport industry, but if i were to travel over the water and forced by my employer to have a 45 hrs rest in eu land, then my employer would be responsible for my fines and thats all i need to know, now let the planners do what they are supposed to do.
As for G.S. insulting me, i am not responding to such crude comments
I admire what your doing Harry
But I though this adventure of your looks like it is not for hire and reward and that bus dose not look like it has a sleeper cab anyway
Still worth sending the letter though
I’m always on the hunt to do something like what you are doing; tried it with my ‘VOSA 4hr rule’ question but the results dont look very promising viewtopic.php?f=2&t=117764&p=1816918#p1816918
STILL NO DEFINITIVE ANSWER ■■ I wasnt expecting one anyway, if this is written into law, and this law has been around a few years, then it needs the European parliament to amend it, and that could take a long time and that needs the transport ministers of every country to back it. As per usual, it is the driver who is going to take the brunt of it, now it is stupid that they are now adding that a driver cannot park on their soil, even if they spent the weekend in a hortel, and that is something they just cannot do, as i believe it restricts the freedom of movement across other member states.
We all need to protest to our transport ministers, about this implementation, all we need is an address/email and let them do the talking. Harry, i think that should you receive a reply, it will be in line with legislation already in place, which basically means, [zb], that the law as it is, so get on with it.
I find it very strange and possibly rather convenient for the authorities that this ‘loophole’ seems to have only just been found and seems to be being exploited to suit a different purpose since the present Regs have been in force for 7ish years.
. The UK won’t enforce this rule, it’s taken us forever to get foreign hgv’s to pay some form of road tax. 
