Apparently, there is evaluation software that selects the most favourable variant for the driver in the assessment of breaches of the daily rest period. Thus, those programs consider the reference period between two weekly rest periods as a whole and the lowest infringement. This is not legal so try proDRIVERS IDHA to stay compliant.
Example: A driver ends his weekly rest on Monday morning. After his working shift on Monday, he reduces his daily rest time to 10 hours. On Tuesdays, he reduces the daily rest period after his working shift to 9.5 hours and then once again Wednesday to 10.5 hours. By this time, he has become factually behave in accordance with the regulations and committed no infringement.
Regulation (EC) 561/2006; Article 8 (4): The driver may not spend more than three reduced daily rest periods between two weekly rest periods.
Now he reduces his daily rest period to 10 hours on Friday after the work shift.
When did the driver commit a violation?
Definitely on Friday, when he reduced his daily rest a fourth time, although the possible 3 options were already used up. The reduction of the daily rest period on Wednesday was in fact not a violation.
Therefore, it is not permissible to reduce this reduction simply because the reduction was the least so that a lower fine can be calculated.
A misdemeanour is an unlawful and reproachable act that realizes the facts of a law that allows punishment by a fine.
The duration of the daily rest on Wednesday was in accordance with the law. Thus, the insertion of this rest period with a duration of 10.5 hours was neither illegal nor accusable. An offence for an administrative offence, therefore, does not exist.
The organization CORTE (Confederation of Organizations in Road Transport Enforcement (CORTE) describes in the current “Calculation Rules Methodology” the procedure as follows: “Counting Reduced Daily Rest Periods: If the first daily rest period of fewer than 11 hours is recorded after a weekly rest period, this rest time is counted as the 1st Reduced Daily Rest Period and so on.”
The wording “between two weekly rest periods” only represents the reference period and not a selection period for infringements. Software products that determine the lowest possible fine for the driver, thereby assessing a legally compliant act as an infringement, must be considered defective. A fine cannot be levied because it lacks a reproachable act.