Driver driving / rest times
In the event of multiple manning, the driver may take a 45-minute break in a vehicle driven by the other driver, provided he does not provide assistance to the driver driving the vehicle.
Special provisions are also laid down for drivers performing international freight transport as regards rest periods. In particular, they may receive two consecutive reduced weekly rest periods outside the Member State of establishment if, on the one hand, two regular weekly rest periods are taken within four consecutive weeks and, on the other hand, any reduction is offset by an equivalent period of three.For the purposes of the above derogation, the two consecutive reduced weekly rest periods should start outside the Member State of establishment of the employer and the country of residence of the driver.
Regular weekly rest periods as well as weekly rest periods of more than 45 hours, which are taken as compensation reduced to being taken in the vehicle, are prohibited. They should be accommodated in a suitable, gender-friendly accommodation with adequate sleeping and toilet facilities, with housing costs borne by the employer.
It is the responsibility of the transport undertakings to organize the work so that the drivers return to the employer’s registered office or place of residence within four consecutive weeks in order to receive a regular weekly rest period or a period weekly rest over 45 hours as compensation for a reduced weekly rest period.Especially for the drivers of par. 6 of art. 8 (drivers who perform international transport), who have made use of the two consecutive periods of reduced weekly rest, the transport company ensures their return before the beginning of the regular weekly rest period. more than 45 hours received as reduced compensation, ie return within three weeks to the place of operation of the employer or to the place of residence of the driver.In addition, the company keeps on its premises the documents, indicative work schedule, which prove how the drivers are returned to their base within four or three weeks, and which are available to the competent authorities in case of inspection.
Rest outside the cabin – allowed exceedances
The driver accompanying a vehicle transported by ferry or train may receive, in addition to the normal daily rest period, as applicable, a reduced weekly rest period, if he has at his disposal a sleeping cabin, a bed or a bunk bed. In addition, the driver can take the regular weekly rest period if the trip is scheduled for 8 hours or more and he has access to a sleeping cabin.
In exceptional cases and provided that the road safety is not endangered, a deviation from the maximum driving time is established, in order for the driver to reach the headquarters of the company or his place of residence as follows: a) exceeding up to one hour, in order to receive weekly rest period (normal or reduced), or (b) exceeding up to two hours if he takes a 30-minute uninterrupted break immediately before additional driving in order to receive a regular weekly rest period.The driver completes the derogation handwritten on the record sheets or in hard copy on the control device or in the service program upon arrival at the destination or at the appropriate car park. These derogations should be offset by an equivalent rest period taken with each rest period until the end of the third week following that week.
New exceptions for tachograph
New special categories of transport are added that are exempted from the application of Reg. 561/2006. In particular, Article 3 of 561/2006 is amended as follows:
Excluded are vehicles with a maximum permissible mass, including trailers or semi-trailers, exceeding 2,5 tonnes but not exceeding 3,5 tonnes, used for the carriage of goods where the carriage is not carried out on behalf of a third party but on behalf of the company or the driver, and when driving is not the main activity of the person driving the vehicle “.
Also excluded are vehicles or combinations of vehicles with a maximum permissible weight not exceeding 7,5 tonnes used for the carriage of materials, equipment or machinery for use by the driver during the driver’s work, or for the delivery of handcrafted goods; only within a radius of not more than 100 km from the base of the business and provided that driving the vehicle is not the main activity of the driver and that the transport is not carried out on behalf of a third party ‘.
More specifically, the new provisions regarding driving / rest hours will be published in the issue of the magazine WHEELS & TIR which will be published on the 1st of October.