weekend rest

ASK THE EXPERTS SAFETY, LAW AND WORKING TIME DIRECTIVE FORUM (INTE
1

from the last week i’ve found out some interesting and frustrating rules mainly from coffeeholic on this forum so i’ve got a question/dilemma;

its illegal to take a 45hr break in the cab apparently and its also not possible to park the truck up and make own way home and let the boss pick the truck up so here’s my situation;

I’m an hour away from malaga (and home) having done my 90hrs and as i sit here i’m also at the end of a 13hr day so i’ve got no duty time as other work to get home either, so i can’t go home with the boss and i can’t stay in the truck under 2 seperate rules?
am i confused or just plain wrong?

2

welshboyinspain:
I’m an hour away from malaga (and home) having done my 90hrs and as i sit here i’m also at the end of a 13hr day so i’ve got no duty time as other work to get home either, so i can’t go home with the boss and i can’t stay in the truck under 2 seperate rules?
am i confused or just plain wrong?

No you are not confused, by the letter of the rules you are correct. However, you could leave the truck there, make your way home by whatever means you want such as bus, train, taxi, collected by wife or partner or walk. Then you can return to the truck after your weekly rest and resume work. That is the crucial part in that scenario being legal in that you start your weekly rest 1 hour from Malaga, you then dispose of your time as you see fit during your weekly rest and then resume work 1 hour from Malaga. If you resume from home or your depot then you will have travelled to or from a place which is not your normal work place and that will be other work. Finish and start in teh same place and you have just had a weekly rest.

I wouldn’t worry too much about the full weekly rest in the cab thing, by the letter of the regulations you cannot do it but it doesn’t seem to be enforced otherwise thousands of drivers across Europe would be getting nicked every week.

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Thanks Neil, it proves how much of an ■■■ the law is doesn’t it :unamused:
I got picked up by my father in law in my car but he drove home, but as far as the law is concerned i now have to leave home an hour earlier than normal just to comply with the law because the boss can’t move the truck and i can’t stay in it (even though i wouldn’t :laughing: )
i know what you’re saying about enforcing the 45hr in the truck rule though we all do it away from home and it never gets questioned, i often get as far as i can on a saturday morning for my monday tip and i’m not alone in parking in vivonne on the pop for the weekend :wink: :wink: