A Split Daily Rest That Does Not Fit the Plan
A driver starts a duty at 05:00 after a full weekly rest. The plan is: 2 h 15 min driving to a depot, 45 min loading, 3 h 30 min driving to a second collection, 1 h waiting, then 2 h 45 min driving to a delivery point where the driver intends to take a 9-hour reduced daily rest in the cab. During loading the driver is told the second collection will be delayed by 2 hours. The driver has already used two reduced daily rests this week and has 9 hours of daily rest available in the 24-hour period. The tachograph is a digital unit with a valid driver card.
1. Assess whether the original plan was legal and whether the delay breaks it. Show the arithmetic.
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Original plan. Driving: 2 h 15 + 3 h 30 + 2 h 45 = 8 h 30 min, within the 9-hour daily limit. A break is required after no more than 4 h 30 min of driving: after leg 1 (2 h 15) plus loading (45 min) plus part of leg 2, the driver reaches 4 h 30 of driving partway into leg 2, so a 45-minute break must be taken there - the 45 min loading counts as a break only if the driver was genuinely free of work, which is doubtful during loading, so it should not be assumed. Duty span: 2 h 15 + 0 h 45 + 3 h 30 + 1 h + 2 h 45 = 10 h 15 min of work and driving, plus the required break, ending around 15:15–16:00, leaving enough of the 24-hour period for a 9-hour rest.
With the delay. The extra 2 h pushes the end of duty to about 17:15–18:00. A 9-hour rest starting then ends at 02:15–03:00 the next day, which still fits inside the 24-hour period that began at 05:00 - but only just, and any further slippage breaks it. More importantly, this would be the third reduced daily rest of the week if two have already been used; only three are permitted between weekly rests, so it is the last one available and leaves no margin.
2. What options does the driver have, and which would you recommend?
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Options:
- Take the 9-hour reduced rest as planned. Legal only if it is the third and final reduced rest and the rest finishes within the 24-hour period. It consumes the last reduced rest of the week, so any later delay this week forces a regular 11-hour rest.
- Split the daily rest. Take a 3-hour uninterrupted period during the delay and a 9-hour period afterwards, totalling 12 hours. This does not count against the reduced-rest allowance and preserves flexibility - but the 3-hour part must be uninterrupted and the total must fit the 24-hour period.
- Re-sequence the day: do the second collection first if the depot can accept it, removing the wait.
Recommendation: option 2 if the arithmetic fits the 24-hour window, because it protects the remaining reduced-rest allowance. If it does not fit, option 1 with a firm instruction to the planner that no further delay is acceptable, and a note on the record explaining the delay.
3. What must the driver record during the delay, and what are the risks of getting it wrong?
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The driver must set the tachograph to the correct mode: other work for activities such as paperwork or vehicle checks, availability only where the driver is genuinely waiting and can respond if needed, and break/rest only when actually free of all work. Sitting in the cab waiting for a delayed collection while contactable and expected to move at short notice is normally availability, not break, and it does not count toward the 45-minute driving break. The manual entries must be made at the end of the shift on the digital unit, with the reason recorded.
Risks of misrecording: the record is the evidence in a roadside check, and an inspector comparing the record with the delay will see an implausible block of break. Incorrect recording can produce a false impression of compliance, expose the driver and operator to penalties, and - more practically - lead the driver to believe a break has been taken when it has not, so the 4 h 30 driving rule is breached later in the day.