I’ve been searching through this forum for the answer but so far no luck. Just watching a programme on t.v. this morning about the West Midlands traffic police. The programme showed them driving an artic unit along various routes with passenger one videoing other truck drivers to catch them using mobile phones, checking paperwork, etc. There was also another passenger on the bunk filming the procedure. My question is about the legalities of the third passenger. Surely he should not be there as there is no seatbelt. Which raises an even bigger issue, when on a long haul double driven route can the resting driver use the bunk ? Thank you in advance for your input… Nobby… 
Yes, this was covered quite recently on this very forum. There is no requirement to have a bunkbelt, only a seatbelt and you only need to wear one if it is fitted. 
You can bet your last plack that Angus McCoatup would have had the camera man up for GBH if it was anything but!
I spend getting on for half my shift, 5 nights a week, on the bunk as my co driver pilots us down the M6 and M1. If the bunk had a seatbelt I would need to wear it but I can’t wear what’s not there.
In the case of the police tractor unit, there’s the possibility that it’s been modified - the truck used for my HGV training had had the bunk removed and a proper seat (with belt) installed in its place.
I’m still not 100% convinced that lying on the bunk whilst another driver is driving is legal. What if the police were to stop someone driving an estate car with someone lying on a mattress in the boot? I’d be very surprised if they didn’t prosecute for that - just because someone chooses to ride in a position where there isn’t a belt, I don’t think that it exempts them, since they could reposition themselves to somewhere where there is a belt.
Another possibility, on a vehicle with 2 passengers (one on the bunk): perhaps this is “carrying more passengers than the vehicle has been constructed (or adapted) for”? The V5c for our (old, M-reg) tractor units does not state the number of passengers, but perhaps newer trucks do?
I’d be surprised if there were this huge loophole in the law - otherwise you could just stuff as many people in the cab as you like - at least 5 in some cabs…
Just because people do ride on the bunk and don’t get prosecuted for it, doesn’t mean it’s legal. I’d also suggest that, were the vehicle to be involved in a collision, the insurance company may reduce the payout on the basis of “contributory negligence”.
Phone up local plod, get their take on it and if you get the OK ask them to give you it in writing.
Further to my previous post, I’ve found the V5c for a newer (06-reg) tractor unit, and it clearly states that the “number of seats, including driver” is 2. Given that information, I don’t think that they’d have much trouble getting a prosecution for carrying two passengers (plus the driver).
MrFlibble:
In the case of the police tractor unit, there’s the possibility that it’s been modified - the truck used for my HGV training had had the bunk removed and a proper seat (with belt) installed in its place.I’m still not 100% convinced that lying on the bunk whilst another driver is driving is legal. What if the police were to stop someone driving an estate car with someone lying on a mattress in the boot? I’d be very surprised if they didn’t prosecute for that - just because someone chooses to ride in a position where there isn’t a belt, I don’t think that it exempts them, since they could reposition themselves to somewhere where there is a belt.
Another possibility, on a vehicle with 2 passengers (one on the bunk): perhaps this is “carrying more passengers than the vehicle has been constructed (or adapted) for”? The V5c for our (old, M-reg) tractor units does not state the number of passengers, but perhaps newer trucks do?
I’d be surprised if there were this huge loophole in the law - otherwise you could just stuff as many people in the cab as you like - at least 5 in some cabs…
Just because people do ride on the bunk and don’t get prosecuted for it, doesn’t mean it’s legal. I’d also suggest that, were the vehicle to be involved in a collision, the insurance company may reduce the payout on the basis of “contributory negligence”.
if you are double manned there is nothing stopping you from sleeping in the bunk while vehicle is in motion. when i have took the mrs with me for the week quite often sleeps on in the morning while i pound down the road. been stopped before and she’s been asleep and nothing was ever said. if you sit in a seat and there is a belt it must be used. as for a car you can’t as the bed would not be part of the vehicle where in a truck it is 
Motorhomes have beds in them and no safety belts, it is only forward facing seats that need belts, well until 2007 that is. 
My apologies in advance if this is a daft question or has been asked loads of times before but I’ve just signed up. A Eurocargo 75E17 with three seats and a sleeper cab; in theory could someone be laying on its bunk the same as mentioned on the previous posts? What I mean is a total of 4 in the cab, driver and 2 in front seats and 1 on the bunk? Or is 4 in a cab not allowed anyway. Or, can the bunk be removed and an extra seat be fitted in its place?
Welcome to Trucknet-UK Will 
Will56:
My apologies in advance if this is a daft question or has been asked loads of times before but I’ve just signed up. A Eurocargo 75E17 with three seats and a sleeper cab; in theory could someone be laying on its bunk the same as mentioned on the previous posts? What I mean is a total of 4 in the cab, driver and 2 in front seats and 1 on the bunk? Or is 4 in a cab not allowed anyway. Or, can the bunk be removed and an extra seat be fitted in its place?
I don’t see why it wouldn’t be legal as long as the three people in the seats have seat-belts and use them, as far as I know there’s nothing to stop you taking a bunk out and replacing it with seats, if you went to an extreme and converted the vehicle to carry more than 8 passengers there could be problems with the license category required to drive it but for 3 or 4 passengers and the driver I can’t see why there would be any problem.
Thanks for the welcome tachograph; if it’s as you say then that’s going to save me a load of hassle as from time to time I go across to France Plymouth-Roscoff and have 3 people with me. At the mo, with just a day cab, one person has to go across as foot passenger and then get picked up the other side which is a pain. I’ll now be looking to change for a sleeper cab as I need to upgrade anyway. Mind you, I’d better check with Brittany Ferries too as they can be a bit pedantic about these things.