Ferry, fatigue and weekly driving limit
On Thursday at 14:10 a driver arrives at a ferry terminal. The tachograph shows: driving 2 h 15 min, a 20-minute break, then 2 h 10 min driving. The ferry crossing takes 1 h 10 min and the driver has a booked ticket; he plans to sit in the cab and rest. His weekly driving time before today is 54 h 30 min, and he has already used one 10-hour daily driving extension this week. The customer's delivery window in Bergen closes at 17:30, and the remaining drive after the ferry is 1 h 45 min. The driver feels tired and has a slight headache; he slept 5 h last night.
1. Can the ferry crossing count as a break or rest, and how should the driver record it?
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A ferry crossing can count as a break if the driver performs no work and is able to rest. Sitting in the cab and resting can qualify, but booking, load checks or paperwork would not. The earlier 20-minute break is valid as the first part of a split 45-minute break because it is at least 15 minutes. He therefore needs another 30 minutes. The 1 h 10 min crossing is long enough to complete the 45-minute break, provided he records it correctly. On a digital tachograph he should use the ferry/train mode at the start and end of the crossing and select break or rest, not other work. If the tachograph cannot record ferry mode, he must make a manual entry later. He should not record the crossing as driving or as other work if he actually rested. The record must match what happened, because the 20-minute and ferry periods together determine whether he has a valid break.
2. Calculate whether he can complete the delivery legally, considering daily and weekly driving limits.
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He cannot complete the delivery legally. Before the ferry he has driven 2 h 15 min + 2 h 10 min = 4 h 25 min today. If he drives the remaining 1 h 45 min, today's total becomes 6 h 10 min, which is within the 9-hour daily limit. The problem is the weekly limit. He had already accumulated 54 h 30 min before today. Adding 4 h 25 min gives 58 h 55 min, which is already above the 56-hour weekly maximum before the ferry. He reached 56 hours after only 1 h 30 min of driving today. He must stop driving and take a weekly rest; the delivery must be relayed or reassigned. The customer's 17:30 window cannot justify continuing. The driver should inform the dispatcher immediately and record the infringement honestly, because the tachograph will show it.
3. What should the driver do about fatigue and the headache, and what working-time and health rules apply?
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The driver is tired after only 5 hours of sleep and has a headache. Fatigue is a safety risk in itself, independent of the weekly limit. He should not treat coffee as a substitute for rest. He should tell the dispatcher that he is not fit to continue, take a proper rest or weekly rest, and drink water if dehydration may be contributing to the headache. If the headache persists or he feels unwell, he should seek medical advice and possibly report sick. As a mobile worker he is also entitled to working-time breaks and adequate daily rest; the 11-hour daily rest can be reduced to 9 hours only under the allowed conditions, and not as a routine fix. The employer must not pressure him to drive. Refusing to drive when unfit is the correct professional decision.