50Defence for solo drivers relating to split rest breaks

50 Defence for solo drivers relating to split rest breaks

If an offence under BFM hours could have been avoided if the driver had taken a 7 hours continuous rest break, it is a defence for the driver to prove that the driver took: (a) a 6 hour continuous rest break and a 2 hour continuous rest break within the same 24 hour period (a split rest break); and (b) the driver had not taken a split rest break in the previous 24 hour period.

Note: Example: A driver stops work to take a 7 hour continuous rest break after 14 hours of work, but cannot sleep, so the driver takes only 2 hours continuous rest and then drives on for a further 2 hours and takes a further 6 hours continuous rest at another place down the road.