Reduced Rest

Regulation EU561/2006 says that a driver may take a Reduced Weekly Rest away from base in a vehicle.  It makes no reference, that I can find, to a Regular Weekly rest taken away from base.  My question is this: under 561, can a driver take a Regular Weekly Rest away from base, in his vehicle?

Below are some of the responses from those in the know. 

THIS POST WILL BE UPDATED AS NEW INFORMATION COMES IN, OR REQUESTS GO OUT


1. REPLY FROM EU TO INITIAL ENQUIRY

[Case_ID: 0438088 / 4438222] Regulation 561/2006 (Tachograph - drivers hours)

To truckinwrite@hotmail.co.uk

From:	Europe Direct (citizen_reply@edcc.ec.europa.eu)
Sent:	16 January 2012 09:41:12
To:	truckinwrite@hotmail.co.uk

Dear Mr TW

Thank you for your message. Due to the specific nature of your question, we suggest that you contact the service in charge directly, which is the Directorate-General (DG) for Mobility and Transport of the European Commission.

You may contact the Mobility and Transport DG by filling out the webform available on their page:

http://ec.europa.eu/transport/contact/index_en.htm

We hope the above will enable you to obtain the information you requested, but please do not hesitate to contact us again should you require further assistance.

With kind regards,
EUROPE DIRECT Contact Centre

http://europa.eu/ - your shortcut to the EU!

2. ENQUIRY SENT TO UK POLICE NATIONAL LEGAL DATA BASE (PNLD)





3.  REPLY TO INITIAL ENQUIRY FROM VOSA

Dear Sir/Madam,

Thank you for your email enquiry dated 11th January 2012, concerning
tachograph.

Unfortunately, we do not deal with Drivers Hours and Tachograph Rules here
in the Contact Centre. You would need to speak to a Traffic Examiner in
your local VOSA Enforcement Office.

You can view a list of VOSA Enforcement Offices by clicking on the
following link
http://www.dft.gov.uk/vosa/contactus/vosalocationsandofficesofthetrafficcommissioners/vosaenforcementoffices.htm

I hope this information has assisted you with your enquiry, but if you have
any further questions please do not hesitate to contact us again.

Kind Regards

Rebecca
Customer Service Centre
VOSA Operations Directorate
Tel: 0300 123 9000


4. REPLY FROM PNLD (POLICE)

Re: Question Asked from England and Wales FAQ Web Site : NOT PROTECTIVELY MARKED

 pnld@westyorkshire.pnn.police.uk

To TW

From:	nicola.robinson@westyorkshire.pnn.police.uk on behalf of pnld@westyorkshire.pnn.police.uk
Sent:	17 January 2012 11:25:04
To:	TW (truckinwrite@hotmail.co.uk)

TW

Unfortunately, we are unable to provide a definitive answer to your query.

As the regulation (Article 8(8) of EC Regulation 56/2006) specifically
states that 'daily rest periods' and 'reduced weekly rest periods' may be
taken in a vehicle (assuming suitable sleeping facilities are available),
the lack to reference to regular weekly rest periods would appear to
suggest that these may NOT be taken in a vehicle. However, it may equally
be argued that these regulations state nothing that specifically prohibits
taking this rest period in a vehicle, and as we are unable to locate any
caselaw on the matter, any case that is progressed regarding this is likely
to be a test case for the courts to decide.

As a specialist unit in this area, VOSA may be better placed to advise you
regarding this issue - they may be able to provide you with more
information. Their contact details can be found in the link below:

http://www.dft.gov.uk/vosa/contactus/contactus.htm

Regards,
PNLD


5.  ENQUIRY SENT TO NOVADATA

To enquiries@novadata.co.uk

From:	TW truckinwrite (truckinwrite@hotmail.co.uk)
Sent:	17 January 2012 17:27:56
To:	enquiries@novadata.co.uk

I wonder if you can help. I have a question.  Regulation EU561/2006 says that a driver may take a Reduced Weekly Rest away from base in a vehicle.  It makes no reference, that I can find, to a Regular Weekly rest taken away from base.  My question is this: under 561, can a driver take a Regular Weekly Rest away from base, in his vehicle?

Thankyou,

TW
truckinwrite.blogspot.com

6.  ENQUIRY SENT TO PETER SMYTHE TRANSPORT TRAINING 

7.  REPLY FROM PETER SMYTHE

Hi

I can find nothing to suggest that a regular weekly rest cannot be taken in the vehicle – provided it is suitably equipped of course.

Kind regards, Pete S

Peter Smythe Transport Training 01623 620062

 DSA ACCREDITED LGV TRAINING CENTRE  

 THE ONLY TRAINERS IN NOTTS TO HAVE EARNED THIS ACREDITATION.

http://www.truckdrivertraining.co.uk/

Driver training: C1, C, C+E, D1, D, B+E

Theory online Training, B, C1, C, D1, D, ADI

Driver CPC: BUS & TRUCK

-----Original Message-----
From: www@truckdrivertraining.co.uk [mailto:www@truckdrivertraining.co.uk]
Sent: 18 January 2012 13:12
To: peter.smythe1@virgin.net
Subject: Enquiry from truckdrivertraining.co.uk

8.  REPLY FROM NOVADATA

Subject: RE:
Date: Wed, 18 Jan 2012 17:29:58 +0000
From: Bob@novadata.co.uk
To: truckinwrite@hotmail.co.uk

Hi TW,

You’re quite correct, however nowhere in the regulations does it say you can’t. It has always been accepted that you can take a weekly rest, regular or reduced, in a stationary vehicle providing that it has suitable facilities. EU regs are often quite woolly and are open to interpretation and when someone says you can’t do something that someone else says you can, let battle commence. It’s highly unlikely that it would result in a court battle because of the expense involved therefore everyone goes with what is generally accepted.

Trust this helps.

Regards

Bob

From: enquiries [mailto:enquiries@novadata.co.uk]
Sent: 18 January 2012 14:04
To: Bob Thompson
Subject: FW:

9.  REPLY FROM EU
European Commision  Mobility and Transport

Thank you for your enquiry of 16 January 2012 where you asked the Commission if a regular weekly rest can be taken in a vehicle and away from base?
It is indeed true that Regulation (EC) 561/2006 does not make an explicit reference to it. However, it is not allowed for drivers to take their regular weekly rest in the vehicle.
Article 8 (8) establishes that a driver may choose to have his daily rest or reduced weekly rest periods away from base in a vehicle provided that it has suitable sleeping facilities for him and the vehicle is stationary.
Employers have the obligation to ensure that their drivers are complying with the Regulation.
Kind regards,
Julia Kremer
European Commission
DG Mobility and Transport
Unit D.3 Land Transport
Rue De Mot 28, 1040 Brussels
Tel:   +32 (0)2 296 54 24
Fax:  +32 (0)2 295 21 65
Email: Julia.Kremer@ec.europa.eu
Disclaimer: The views expressed are exclusively those of the author and may not under any circumstances be regarded as an official position of the European Commission services.


10.  SENT TO EU (EUROPEAN COMMISSION)
In response to message from European Commission  Mobility and Transport

To julia.kremer@ec.europa.eu

From:	TW truckinwrite (truckinwrite@hotmail.co.uk)
Sent:	25 February 2012 15:28:55
To:	julia.kremer@ec.europa.eu

Julia,

Thank you very much for the reply to my question.  I have a few points I`d like your thoughts on. Please be assured that these are not intended to be facetious, but are serious questions for 561/2006.


1.  If a driver cannot take a Regular Weekly Rest in a vehicle, where must/can he take it.


2.  Could he spend the 45 hours outside the vehicle - i.e. resting next to it in a bivvy/sleeping bag. (I am purely addressing rest under 561, not wider legislation regarding fitness to drive and driving while tired etc).



My point is, where can a driver spend his 45 hours and where is this written in the legislation?


These are, I believe, important points that need to be answered.

 TW
truckinwrite.blogspot.com