When is a rest not a rest?
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In a recent incident reported in CM a police officer told a driver that he could not sleep in his cab because it was not properly equipped with a suitable bed. This highlights a common misunderstanding among prosecuting authorities, employers and drivers alike over what amounts to "rest" under the EU regulations.
The drivers hours regulations define rest as: "Any uninterrupted period of at least one hour, during which the driver may freely dispose of his time." The police officer was wrong when he told the driver that he could not sleep in his cab: the law has never actually required a driver to sleep during his rest 'period—the whale point is he can do what he likes. But if his employers tell him to stay in his vehicle, then he must understand that all the time he is in the cab, even if the vehicle is stationery and he is in his bed, does not count as rest. It is not uncommon for drivers carrying high-value loads such as whisky or cigarettes to be required to park in a secure compound. If the driver is unable to reach a secure compound, what does he do? It is not unusual for customers to allow drivers to park on their premises, providing they remain in the vehicle so that they can move it if required. Once again, this does not count as rest because the driver is not free to dispose of his time. In future, if a police officer suggests to you or any of your employees that the quality of sleeping accommodation in the cab is not adequate, suggest to him that you are free to dispose of your time and perhaps he should read Commercial Motor's Legal Bulletin.
Li by Chris Charlesworth