In this article, we will delve into the regulations related to driving and rest times for drivers, clarifying what the limits are to be respected and how to best organize one's work activities.
What does the law say about driving and rest times?
The regulation of driving and rest times for drivers is contained in EU Regulation 561/2006, supplemented by EU Regulation 169/2011.
Daily
- Maximum 9 hours for each driving block (daily driving period = period included between a VALID daily/weekly rest and the next one).
- Exception → 2 times a week (of CALENDAR) maximum 10 hours.
- Mandatory break (called driving interruption) – at least 45 min every 4 hours and 30 min.
- Divisible break (must be within the 4 hours and 30 min) into one of at least 15 min + a second break of at least 30 minutes (NOT the other way around).
- Minimum 11 hours of rest per day (which must occur WITHIN 24 hours from the end of the last VALID rest – therefore, the calendar day is NOT taken into account).
- Divisible daily rest, but it becomes 12 hours (3 + 9 and NOT the other way around).
- 3 times a week (WORKING, understood as the time spent between 2 VALID weekly rests) rest reducible to 9 hours (it is not mandatory to recover them).
Weekly and biweekly
- Week understood as from 00 on Monday to 24 on Sunday, therefore CALENDAR.
- Maximum 56 hours of driving per calendar week.
- Maximum 90 hours of driving in 2 consecutive weeks (therefore the sum of the driving hours of 2 consecutive weeks, in any order, can never exceed 90 hours).
- Minimum 45 consecutive hours of weekly rest (must occur EVERY calendar week WITHIN a maximum of 6 periods of 24 hours from the previous weekly rest).
- Rest can be reduced to 24 hours, but the difference (21h) must be recovered BY the end of the 3rd week from the reduced rest and MUST be attached to a rest of at least 9h.
- Within 2 consecutive weeks, there MUST always be at least one regular rest of 45 hours (it is NEVER possible to have 2 reduced weekly rests in a row).
- Exception → 12 periods of 24h between one weekly rest and another. MINIMUM conditions:
- Occasional TRANSPORT OF PERSONS with a foreign stay (EU) of 24 consecutive hours.
- Following a rest of 45h – max. 3h night driving (during the trip) – recovery of 45h + 24h.
- Exception → 2 consecutive reduced weekly rests. MINIMUM conditions:
- INTERNATIONAL GOODS TRANSPORT where BOTH rests started abroad.
- AT LEAST 2 weekly rests of 45h in a window of 4 consecutive weeks that includes the 2 weeks in question (in any order),
- Recovery of 45h + 2 compensatory rests (one for each reduced rest).
Driving in Multipresence (2 drivers alternating driving)
ONLY IF the 2 drivers board the vehicle with a max. 1 hour difference, the 9h rest counts as regular and can occur within 30h (instead of 24) from the last one. Those who are not driving record “availability” on the tachograph (which counts as a driving interruption, NOT as rest).
Checks and penalties
Exceeding daily driving times
- Violation under 10% → Between €41 and €165.
- Violation between 10% and 20% → Between €326 and €1304 + 2 points.
- Violation over 20% → Between €434 and €1738 + 10 points.
Exceeding weekly driving times
- Violation under 10% → Between €41 and €165.
- Violation between 10% and 20% → Between €272 and €1086 + 1 point.
- Violation over 20% → Between €434 and €1738 + 2 points.
Failure to interrupt driving
- SINGLE penalty → Between €168 and €673 + 2 points.
Insufficient daily rest
- Violation under 10% → Between €218 and €870.
- Violation between 10% and 20% → Between €380 and €1522 + 5 points.
- Violation over 20% → Between €434 and €1738 + 10 points.
Insufficient weekly rest
- Violation under 10% → No penalty.
- Violation between 10% and 20% → Between €380 and €1522 + 3 points.
- Violation over 20% → Between €434 and €1738 + 5 points.
Conclusion
Knowing and respecting the regulations on driving and rest times is essential for the safety of all road users. SIAK SYSTEMS is available to transport companies to provide consulting and training in this area, in order to ensure full compliance with current regulations.