EU regulations on road transport work

The rules on driving times, breaks and rest periods for drivers in road freight and passenger transport are regulated by the EU legislator in Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85.

To which transport routes does the regulation apply?

Regulation (EC) No 561/2006 applies to cases where road transport involves the following:

• Transport of goods where the maximum permissible mass of the vehicle, including any trailer, or semi-trailer, exceeds 3,5 tonnes, or
• Transport of passengers by vehicles which are intended for carrying more than nine persons including the driver.

It should be noted that the EU Regulation applies to road transport within the territory of the countries of the European Union as well as Switzerland and the contracting states of the Agreement on the European Economic Area.

Driving restrictions

1. Driving time

In accordance with the provisions of Article 6 of Regulation (EC) No 561/2006, the total daily driving time may not exceed 9 hours. This limit may be increased to 10 hours, but not more than twice a week.

The weekly driving time may not exceed 56 hours per week and the total driving time in two consecutive weeks may not exceed 90 hours.

2. Driving breaks

According to Article 7 of Regulation (EC) No 561/2006, a driver is entitled to an uninterrupted break of at least 45 minutes after 4.5 hours of driving.

3. Rest period

The daily rest period should be at least 11 hours without interruption. Alternatively, a regular daily rest period may be taken in two parts, the first part being an uninterrupted rest period of at least 3 hours and the second part of at least 9 hours.

A driver’s weekly rest period should be at least 45 hours. A weekly rest period begins at the latest at the end of six 24-hour periods from the end of the previous weekly rest period. The weekly rest period may be shortened, but may not be less than 24 hours. However, the shortened weekly rest period must be compensated by an equivalent rest period taken before the end of the third week following the week in question.

In addition, in accordance with Article 8 sec. 4 of Regulation (EC) No 561/2006, a driver may take a maximum of three reduced daily rest periods between two weekly rest periods of at least 9 hours but less than 11 hours within a 24-hour period.

Obligations of the transport company

Transport companies are responsible for ensuring that the drivers they employ comply with the regulation. The obligations imposed on the companies relate to:

1. Prevention of payment of elements of remuneration to drivers, including in the form of bonuses or allowances, which depend on the distance travelled or the quantity of goods carried, if their use may endanger road safety,
2. Ensuring that the contractually agreed transport plans comply with the provisions of the regulation,
3. Organisation of work of drivers in such a way that they can comply with the provisions of the regulation, including giving appropriate instructions to the driver and carrying out regular checks.

It should be emphasised that the transport company is liable for any infringements committed by its drivers.

Obligation to use a tachograph

In accordance with Regulation (EU) No 165/2014 of the European Parliament and of the Council, transport companies are obliged to install a tachograph in vehicles used for the carriage of passengers or goods within the meaning of Regulation (EC) No. 561/2006, with which every journey is recorded. In addition, companies are obliged to ensure that drivers are properly trained and instructed in the correct operation of the tachograph. It should also be emphasised that the competent authorities have the right to check the tachograph at any time.