On September 22, 2022, a new circular from the Ministry of the Interior that specifies the correct interpretation of the exemption provided for in paragraph 3 of Article 12 of the Regulation (EC) 561/2006. This paragraph was introduced in 2020 by the Regulation (EU) 2020/1054 within the changes contained in the so-called “Mobility Package“.
ART. 12 PARAGRAPH 3 REG 561/2006: THE RULE ON DRIVING AND DAILY REST FOR DRIVERS
The exemption allows, in exceptional circumstances, to extend the daily driving time by two hours. Specifically, paragraph 3 provides that drivers, in the presence of circumstances as mentioned exceptional, may exceed by two hours the daily and weekly driving period in order to reach the workplace of the employer or their own place of residence to carry out a regular weekly rest period. In March 2021, during the initial application of the new regulation, it was indicated that this exemption could not also concern the deadline for starting a new daily rest period. Drivers could exceed the daily driving period by two hours, but the daily rest had to be completed within 24 hours from the end of the previous one. This interpretation has now changed. The Ministry of the Interior, based on important clarifications provided by European bodies, has decided to change direction and therefore the scope of the exemption.
THE MINISTERIAL CIRCULAR ON THE DRIVERS' HOURS LIMIT
Based on a different reading, provided by the Directorate-General for Mobility and Transport of the European Commission, it has been clarified that the legal scope of the exemption contained in paragraph 3 of Article 12 is the same as that under paragraph 2 of that article. Therefore, provided that it does not compromise road safety, in exceptional circumstances and given the proximity of the employer's place of activity or the driver's place of residence, drivers may exceed by up to two hours the daily and weekly driving limit, also derogating from the rules regarding daily rest, allowing it to be completed, therefore, at a maximum within 26 hours from the end of the previous daily or weekly rest period.