Defining the meaning of a rest period of 24-hours for tachograph purposes.
Being asked recently about the denotation of the 24-hour period, in the context of tachograph legislation. There is some guidance from the European Commission which is aimed at enforcement officials but is a useful reference point on the meaning of 'each period of 24 hour's.
The legislation is found in Article: 8 (2) and (5) of Regulation (EC) No. 561/2006.
In line with Article 8(2) of the Regulation a new daily rest period shall be taken within each period of 24 hours after the end of the previous rest period (regular or reduced daily or weekly rest). The next 24-hour period starts from the end of the qualifying daily or weekly rest period taken. The term 'qualifying' rest should be understood as a rest
period where a lawful minimum duration is accomplished within the period of 24 hours after the end of the previous qualifying rest. This qualifying rest may end later than 24 hours after the end of the previous rest if its total duration is longer than the minimum required by the legislation.
To determine the compliance with the daily resting time provisions enforcers should look into all 24-hour periods following a qualifying daily or weekly rest.
In cases where enforcers are confronted with periods of activity following a qualifying daily or weekly rest period, during which drivers do not accomplish a qualifying daily rest period, it is recommended that enforcers:
- divide the above-mentioned periods of activity into consecutive periods of 24 hours starting from the end of the last qualifying daily or weekly rest; and apply the rules on daily rest periods to each of these reference periods of 24 hours.
- Where the end of such a 24-hour period falls within the on-going rest period, which is not a qualifying rest as its lawful minimum duration has not been accomplished within the 24-hour period, but which continues into the next period of 24 hours and reaches a minimum required duration, sometime thereafter, then the calculation of the next 24 hour period shall commence when a driver ends his rest period of a total duration of at least 9/11 hours or more and resumes his daily working period.
Where a qualifying daily or weekly rest period is identified, the assessment of the next 24 hour period shall start at the end of this qualifying daily or weekly rest period taken (from the end of the relevant rest period if the rest taken is in fact longer than the required minimum period of time).
This calculation method should allow enforcers to identify and sanction all infringements of a daily rest provision committed within each period of 24 hours. The analogue calculation method should apply to drivers engaged in multi-manning, and the reference period of 24-hour period should be replaced by 30-hour period as stipulated by Article 8(5) of the Regulation.
Disclaimer: No information within this article; past / future columns shall be constured as legal advice or information.