As a driver, you must comply with EU rules on driving and rest times and how to register them (digital tachographs – EU rules). These rules apply to driving a heavy goods vehicle over 3.5 tonnes or a bus with 10 or more seats (including the driver). You must follow the rules if you drive long distances or deliver goods at home or abroad, regardless of where your vehicle is registered and whether you are self-employed or employed.
EU rules on driving times do not apply to all modes of transport. Exceptions are presented below, what is covered in the driver’s working time, how long the break must last, etc. rest, what is the regular weekly rest time and practical examples.
Exceptions to EU rules on driving and rest times
EU rules on driving time do not apply to:
- regular passenger transport on routes up to 50 kilometres
- most vehicles weighing up to 7.5 tonnes for the transport of materials, equipment, etc. for the driver’s professional use at a distance of up to 100 km from the company’s headquarters
- military, Civil Defence and Fire Services
- vehicles with a maximum speed of 40 km/h
- roadside assistance vehicles within a distance of 100 km from their station
- specialised vehicles used for humanitarian aid, emergencies, rescue interventions or medical purposes
- law enforcement authorities are allowed to use vehicles exempt from these rules
- test drives for technical development, repairs, maintenance, or delivery of new or refurbished vehicles not yet in use are permitted without these restrictions
- transporting goods non-commercially with vehicles or combinations weighing up to 7.5 tonnes is also exempt from the regulation
- commercial vehicles that have a legal historical status in the EU country where they are driven, if they are used for the non-commercial transport of passengers or goods
- vehicles or combinations of vehicles with a mass of 2.5 to 3.5 tonnes for the transport of goods for the own needs of the company or driver (if the transport is not the main activity)
There are also national exemptions in some EU countries.
Practical example – a craftsman transporting heavy equipment and products
Matej is engaged in nursery and horticulture. It is famous for its large trees. To deliver and plant them, he drives trees and an excavator on a truck and trailer, which often exceed 3.5 tons. However, since the total weight does not exceed 7.5 tonnes and Matej only carries out transports for his customers within a radius of up to 100 km, he is not subject to EU rules on driving times.
Complying with the rules – not just in EU countries
Professional drivers must comply with these rules in all EU countries, as well as in Switzerland, Liechtenstein, Norway and Iceland. Outside this area, drivers in most European and some Central Asian countries must comply with the rules of the European Agreement on the Work of Crews of Vehicles Engaged in International Road Transport, known as AETR. Most ERTA rules are aligned with EU rules, but there are some exceptions.
How long can I drive?
You can drive:
- 9 hours a day (and twice a week for up to 10 hours a day)
- 56 hours per week (maximum 90 hours per two weeks)
- Exceptionally, one hour longer to get to your home or business to start your weekly rest (or two hours more to start your regular weekly rest).
What is included in the working hours of a professional driver?
Working hours include all road transport activities, such as:
- driving
- loading and unloading
- assisting passengers in and out of the vehicle
- cleaning and technical maintenance
- monitoring of loading and unloading of goods
- administrative formalities
If you are a self-employed driver, working time also counts as time when you need to be available to a customer or transport company at your workplace or in a vehicle.
How long do I need to rest?
A break or rest period must be at least:
- 45 minutes every 4 hours and 30 minutes of driving (there can be two breaks of 15 and 30 minutes)
- 11 hours every 24 hours of work, which can be divided into two rest periods (first 3 and then 9 hours for a total duration of 12 hours) or a reduced period of up to 9 hours, up to three times during any two weekly rest periods
- 45 uninterrupted hours of rest after 6 days of driving and at least 24 hours every other week (if replaced before the end of the third week by an equivalent one-off rest period added to a second rest period of at least 9 hours)
Exceptionally, you can work up to 60 hours a week, but on average, you can’t work more than 48 hours a week over a four-month period.
At least once every four weeks, you must return to the company’s location or place of residence and take a regular weekly rest period there (or a longer rest period to compensate for the reduced rest period).
When driving with two or more drivers, you can take a daily rest period of 30 hours (instead of 24 hours), and you can take 45-minute breaks in the vehicle (every 4 hours and 30 minutes).
In order to apply these exceptions, two or more drivers must be present from the second hour.
What is a regular weekly rest period?
Every driver has the right to take an uninterrupted regular weekly rest of at least 45 hours. That rest period must not be taken inside the vehicle. It is required that you are provided with suitable, gender-appropriate accommodation, including proper sleeping and sanitary facilities.
The weekly rest period may be reduced once every two weeks, but should never be less than 24 hours. Any reduction in rest periods shall be replaced by an equivalent one-off rest period, to be added before the end of the third week to a second rest period of at least 9 hours.
When transporting goods internationally, you can take two consecutive reduced weekly rest periods abroad, but only under the following conditions:
- if you take at least four weekly rest periods in any four consecutive weeks
- if at least two of these four periods are regular weekly rest periods
- You can return home – or to your employer’s location – in the following week and take a regular weekly rest of at least 45 hours there as compensation
What about bus trips abroad?
If you are carrying passengers on a trip abroad and your work lasts more than 24 consecutive hours, the situation is as follows. You can work up to 12 consecutive days if you have had 45 hours of regular weekly rest before traveling. And if, on return, two weekly rest periods (at least 69 hours) follow. The “12-day rule” only applies if you have a digital or smart tachograph in your vehicle. From 10:00 p.m. to 6:00 a.m., you need a second driver, or you need to take a 45-minute break every three hours (rather than every 4.5 hours).
Always use a tachograph – digital tachographs, EU rules
If you are subject to driving time rules, you must register each journey with a tachograph. Your employer must keep the records for at least two years, and you can get a copy on request. The tachograph can be checked by the authorities at any time and anywhere on the road or at the company’s premises.
If you don’t register your driving time correctly, states may impose fines or take legal action. In this case, you will receive written evidence that you must keep in the vehicle.
Comprehensive analysis of driver activity
To make it easier to monitor activity, driving time and rest time, an analysis of the driver’s activity is very up-to-date. This is made possible by the platform which analyses driving and rest times and creates different reports in a matter of seconds. If several drivers are employed by one employer, a comprehensive overview of the activities of all drivers or only selected drivers is enabled. More information can be found here.