During loading and unloading, it happens that drivers, wanting to save their rest time, resort to the one-minute rule. For example, in the sixth hour of their rest period, when called for loading, they move in such a way that in one minute, at least 31 seconds are dedicated to rest, while a maximum of 29 seconds are dedicated to driving. Is this procedure correct for maintaining the continuity of the rest period, and can one safely benefit from the aforementioned rule?
Expert answer: The one-minute rule was introduced so that a driver could make fuller use of available working time. As the legal basis for this rule, one should point to Regulation 1266/2009, and more specifically to individual requirements, in particular:
Requirement 041 In a given clock minute, if DRIVING is recorded as an activity in the minute immediately preceding and immediately following it, the entire minute counts as DRIVING.
Requirement 042 In a given clock minute, not treated as DRIVING in accordance with the previous requirement 041, the entire such minute counts as the one activity that lasted the longest during that minute (or was later in the case of activities of equal duration).
According to the above, within a period of one clock minute, which consists of a 60-second period, digital tachographs record in their memory (and the memory on the driver card) only the activity that lasted longer.
In the event that a driver moves while taking a rest, for example, to pull up to a ramp, and complies with the rules mentioned in Regulation 1266/2009, the tachograph will count this time as rest, and at this stage, it might seem that there are no grounds to penalize the driver during an inspection.
However, one should not forget that, in addition to a specific activity, the tachograph also records the vehicle’s speed, and despite the illusion that the rest was taken, in reality, it was interrupted because the vehicle was in motion.
Answering the question, the one-minute rule was designed primarily to save the driver’s working time while driving, for example, in traffic jams. Using it in the manner described above leads to the risk of a financial penalty for failing to take the required rest. It is also worth mentioning that the possibility of using the one-minute rule appears in vehicles equipped with 2nd generation digital tachographs (used since October 1, 2011) and newer ones.
Legal status of the publication (date): 2019-07-30