FERRY REST
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• What is the minimum amount of rest a driver must take at the end of a working day? I understand it is different if a rest is taken on a ferry. Can you explain that?
• Article 8 of EC Regulation 3820/85 requires that a goods vehicle driver who is subject to that regulation must have a daily rest period of at least 11consecutive hours in a 24-hour period. But three times a week this rest period can be reduced to nine hours, as long as an equivalent compensatory period of rest is taken before the end of the following week.
The EC regulation also requires that an days when the rest period is not reduced a driver can take a daily rest period in two or three separate periods within the 24 hours. Each of these periods must be at least one hour: one of them must be at least eight hours; and the total daily rest must be increased to at least 12 hours. The EC Court has ruled that the 24-hour period starts when a driver activates his tachograph after taking a daily or weekly rest period, or the eighthour period mentioned above. And, in a more recent judgement, the EC Court has made it clear that if a driver does any work before he takes over a vehicle, that work counts and must be entered manually on his tachograph record.
Article 9 states that if a driver accompanies a vehicle carried by ferry or train, the daily rest period may be interrupted once on condition that the time between the two parts is as short as possible and does not exceed one hour before embarkation or after disembarkation; that during both parts the driver has access to a bunk or couchette; and that the daily rest period is increased by two hours.
This means part of the daily rest can be taken on the ferry and part either on land before embarking, or on land after disembarking. It does not enable a driver to take part of the daily rest on land, part on the ferry and another part after disembarking: that would amount to two interruptions.
The minimum amount of rest which can be taken in these circumstances is 11 hours, made up of a reduced rest of nine hours under Article 8 plus two hours under Article 9.
Remember to make sure the movements on and off the ferry are recorded on your tachograph record.