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Question: Am I allowed to record a “break” under the EC Drivers’ Hours Regulations when I am travelling as a passenger in a moving commercial vehicle?

Published on: Aug 20 2018 at 10:24 AM

Answer:

For the answer to this question, turn to guidance published in Europe and referencing cases heard by the European Court of Justice. In cases where a commercial vehicle such as a truck or coach is manned by more than one driver and when a second crew member is available for driving (but not actually driving) and is sitting next to the driver of the vehicle, the passenger may record 45 minutes of what would normally be classed as a period of availability, as a “break”, provided he or she is not actively assisting the driver who is driving the vehicle (so for example, he or she could not be involved in helping to navigate).

Whatever the correct status of the “mode” activity (whether it’s “other work”, “period of availability” or “break”), drivers and their employers must ensure that drivers record their duties accurately on their tachograph records.

Operators and drivers should be aware that any time spent by a driver driving a car to or from a lorry or coach to which the EU drivers’ hours rules apply (normally EC Regulation 561/2006) is required to be recorded as “other work”.

Source: Croners

 

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