A “split rest break” is only a defence in Law for a solo driver operating under Basic Fatigue Management (BFM) hours, which cannot be scheduled or planned, and would be used by the Driver to prove, in a Court of Law, his circumstances.
The current EWD Standards do not accommodate for a “split rest break” and as such are not included in the Quallogi NHVR approved EWD.
The purpose of an EWD is to record a driver’s work and rest hours for set periods, and should flag if a driver has not met the minimum required rest periods, or has exceeded the maximum number of work hours.
An Authorised Officer detecting these discrepancies would breach the driver and it would then be up to that driver to defend the breaches, to a Magistrate.
The relevant NHVL law reference:
s255 Defence for solo drivers operating under BFM hours relating to split rest breaks
(1) This section applies if, at a particular time, the driver of a fatigue-regulated heavy vehicle is required under section 254 to have 7 continuous hours of stationary rest time in a period of 24 hours.
(2) In a proceeding for an offence against section 254 for a solo driver of a fatigue-regulated heavy vehicle relating to the driver failing to have the 7 continuous hours of stationary rest time, it is a defence for the driver to prove that—
(a) at the time the driver was required to have the 7 continuous hours of stationary rest time, the driver was operating under BFM hours as a solo driver of a fatigue-regulated heavy vehicle; and
(b) during the period of 24 hours for which the 7 continuous hours of stationary rest time was required to be had, the driver had 6 continuous hours of stationary rest time and 2 continuous hours of stationary rest time (a split rest break); and
(c) the driver had not had a split rest break in the previous 24-hour period. Example of when the defence applies— The driver of a fatigue-regulated heavy vehicle stops work to have 7 continuous hours of stationary rest time, but cannot sleep, so the driver has only 2 continuous hours of stationary rest time and then drives on for a further 2 hours and has a further 6 continuous hours of stationary rest time at another place down the road. In the previous 24-hour period the driver had 7 continuous hours of stationary rest time.