Driving and rest times for lorry drivers

European rules on driving and rest times for lorry drivers

The European Union has laid down how long drivers may drive and when breaks and rest periods are compulsory. This is set out in European Regulation 561/2006 and has been implemented by the Netherlands in the Working Hours (Transport) Decree (Arbeidstijdenbesluit Vervoer). The rules below therefore apply not only in the Netherlands, but also in the other EU countries. For international transport, a number of additional rules also apply.

Maximum continuous driving time

In addition to the maximum total driving time, there is also a limit on how long a driver may drive continuously, that is without rest. This is the total time driven between two breaks or interruptions. The general rule is that the maximum continuous driving time may not exceed 4.5 hours. After that, it is compulsory to take a break of 45 minutes. The maximum continuous driving time of 4.5 hours can also be split into two parts with an intermediate break. This intermediate break must then last at least 15 minutes. The second break must last at least 30 minutes. Longer breaks are of course permitted, shorter ones are not.

A special arrangement applies to lorries with two drivers. In that case, it is not necessary to stop for the break, but the lorry must stop to change driver and driver card or record sheet. The driver who is taking a break may not help during his break (for example with navigating).

Bear in mind that other activities, for example loading and unloading, also count as work. As a result, compulsory breaks may have to be taken into account. A break of thirty minutes is compulsory for anyone who works continuously for between 6 and 9 hours in a day. Anyone who works longer must take a break of at least 45 minutes. This break does not have to be taken in one go. Breaks can also be divided into periods of 15 minutes.

Minimum rest times

It is important that drivers can rest sufficiently. That is why there are rules on daily and weekly rest. During this rest period, it is prohibited to work or to be available to the employer. During the rest period, the driver has no obligations whatsoever towards the employer.

The general rule is that daily rest must amount to at least eleven consecutive hours. However, there are a number of exceptions to this:

• Reduced daily rest period: between two weekly rest periods, it is permitted to reduce the daily rest period up to three times to nine hours, without having to make this up later
• It is permitted to take the daily rest in two parts, in which part 1 must be at least three hours and part 2 at least nine hours (the other way round is not permitted)

Bear in mind that the daily or weekly rest must have ended within 24 hours after the end of the previous rest period. So if you finish your weekly rest on Wednesday at 08:00, the next daily rest must have ended before Thursday 08:00. There is an exception for the situation in which there are two drivers; in that case it is 30 hours.

Additional rules for international transport

In the case of international transport, extra rules apply to rest times. For example, outside the Netherlands a driver may, under certain conditions, take a reduced weekly rest period of 24 to 45 hours. It is important, though, that the reduced weekly rest period is compensated by an extended regular weekly rest. This extended period is obtained by adding the number of hours of reduction to the regular rest period. In each period of four weeks, the driver must take a regular weekly rest at least twice.

Suitable accommodation during rest

It is not permitted to take the regular and extended weekly rest in the cab. Instead, the employer must provide suitable accommodation. This accommodation must have suitable sleeping facilities, must have sanitary facilities and must be gender-friendly. The (sleeper) cab may be used for the reduced weekly rest.

Compulsory tachograph

Driving and rest times are recorded by means of a tachograph. In the past, an analogue tachograph was used for this. Since 1 May 2006, new vehicles must be fitted with a digital tachograph (Regulation (EC) No 561/2006, Article 27). Vehicles first registered on or after 15 June 2019 must have a smart tachograph (Regulation (EU) No 165/2014; Implementing Regulation (EU) 2018/502). A tachograph consists of a motion sensor mounted on the drivetrain that transmits the signal, a screen on the dashboard and a driver card.

If a tachograph is not required by law, working times and rest times must be recorded in another way. For example on paper or using a computer program. Under Article 13 of Regulation (EC) No 561/2006, member states can grant exemptions for a large number of types of transport, for example for vehicles of agricultural and horticultural businesses within a radius of 100 km, for driving school vehicles and for cash and valuables transport.

Lorry drivers and night work

Lorry drivers may also work at night, but specific rules apply. The rules below apply to all forms of transport, both passenger transport and goods transport.

• Work up to 43 night shifts in a period of 16 weeks
• Or work up to 20 hours between 00:00 and 06:00 in two weeks

There are also exceptions to this principle. For example, the rules above do not apply to taxi transport. There are also sectors in which other rules or exemptions apply.

Night work with other rules

There are a number of sectors with very specific rules on when it is or is not permitted to work at night. In these sectors, it is permitted to work a maximum of 52 night shifts per 16 weeks and 140 night shifts per 52 weeks, or a maximum of 38 hours between 00:00 and 06:00 per two weeks. These different rules apply to the following forms of transport:

• Transport of bread products and pastry products
• Transport of goods to and from distribution centres, terminals or airports
• Transport of plants, flower bulbs, tree nursery products, vegetables and/or fruit across the Dutch border
• Transport for the maintenance and construction of roads and railways

Exemption from night work rules

Certain activities are exempt from the rules that apply to night work. These are the transport of live animals, the transport of morning newspapers, the transport of post, the transport of parcels and the collective domestic transport of flower bulbs, tree nursery products and/or flowers. This is an exemption from the statutory rules. However, agreements on specific driving times and rest times may have been made in a collective labour agreement (cao).

Driving and rest times outside the EU

In international transport, the provisions of the AETR agreement (Accord Européen relatif au Travail des équipages des véhicules effectuant des transports internationaux par la Route) must also be taken into account. This is an agreement on working conditions in international road transport. This agreement also contains provisions on driving and rest times. These provisions have largely been included in European Regulation 561/2006 and therefore largely correspond to the above. The main effect of the AETR agreement has been to extend the scope to Armenia, Azerbaijan, Georgia, Kazakhstan, Tajikistan, Turkey, Turkmenistan and Uzbekistan.

In other countries, different rules on driving and rest times may apply again. In the United States, for example, the HOS rules (Hours of Service) apply, in Canada it is the Commercial Vehicle Drivers Hours of Service Regulations and in Australia the Driving Hours Regulations apply. In principle, European lorry drivers will not often come into contact with rules like these. Anyone who does go driving outside the EU should seek advice beforehand on the applicable rules.

Read also: Lorry blind spot and The overtaking ban for lorries.