econd opinion n drivers' hours
Page 15
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GARDING David Wilcox's icle on psv drivers' hours M, July 11) it should be noted t it is not correct to say that en double-manning ''... this hours' rest cannot be spent the coach while the other iver is driving unless there is a oper bunk fitted".
Article 11.4 of EEC543/69 does tually allow the daily rest nod with two drivers and a. nk to be reduced to eight urs, but article 11.5 is precise at," ... the rest period may be ken on the bunk provided that e vehicle is stationary". My second point concerns the ost notable "grey area" of this gislation which will not be ar until determined in the )urts. I refer to the Article 4.3. hich makes "out of scope" tehicles used for the carriage passengers on regular
)rvices where the route )vered by the service in Jestion does not exceed ikm."
While your exposition quite ghtly states that the dead ileage to and from the first and st pick-up is not part of the ,ute length, you failed to make clear that it is disregarded only r purposes of measurement. It less than accurate to imply at the dead mileage is itself "in :ape". This is a matter which ily the courts can determine, it the liberal view is that the :ad mileage to and from a ute which is out of scope is ;elf out of scope.
It can be argued in English nguage terms that the words Article 4.3 as quoted above ake all of the use on a service here passengers are carried for ss than 50km "out of scope"; it this view is supported by aws expressed by the .partrnent of Transport herein they comment that the ench text of Article 4.3. could more accurately translated as, " ... vehicles assigned to the carriage of passengers etc." rather than "vehicles used for ..."
There is an important principle involved and when a case comes before the courts on this matter it is essential, if this out of scope item is to be of any real value, that the matter is argued with the greatest competence. Therefore, I would urge that any operator who should be prosecuted for an alleged offence related to empty driving should advise CPT at the earliest opportunity.
P. B. ROGERS Rainworth Travel Mansfield, Notts Mr Rogers is right. We apologise for the omission — Editor.