← Lessons 11-Drivers' Hours and Records

2. EU Regulation 561/2006

2.1 Vehicles covered

  • Most goods vehicles exceeding 3.5 tonnes PMW, including any trailer, are subject to EU regulations.
  • Some vehicles over 3.5 tonnes are exempt but remain subject to Domestic regulations.
  • Examples include certain refuse collection, utility and specialist vehicles.

2.2 Maximum driving before a break

  • After a maximum of 4½ hours of driving, a break must be taken.
  • The 4½ hours may be continuous or accumulated driving.
  • Once 4½ hours is reached, no further work may be carried out.
  • The material gives an exception where the driver completes 4½ hours and immediately begins daily rest.

2.3 Breaks from driving

  • At least 45 minutes' break after no more than 4½ hours driving.
  • No work may be done during the break.
  • The 45 minutes may be split into 15 minutes + 30 minutes.
  • The second portion must begin no later than the 4½-hour driving limit.
  • After a legitimate total of 45 minutes, the driving-time calculation starts again.
  • Driving on private sites counts as driving where the driver also drives on public roads.

2.4 Maximum daily driving time

  • Normal maximum: 9 hours per day.
  • May be extended to 10 hours on no more than 2 occasions per week.
  • The working day starts when work begins and continues until daily rest is taken.

2.5 Maximum weekly driving time

  • Working week: 00:00 Monday to 24:00 Sunday.
  • Maximum weekly driving: 56 hours.

2.6 Maximum fortnightly driving time

  • Maximum in any 2 consecutive weeks: 90 hours.
  • Example: 48 hours in Week 1 leaves no more than 42 hours in Week 2.
  • The 90-hour limit applies across every pair of consecutive weeks.

2.7 Daily rest

  • Normal daily rest: at least 11 consecutive hours in any 24-hour period.
  • May be reduced to at least 9 hours on up to 3 occasions between any 2 weekly rest periods.
  • The material states that these reductions no longer need later compensation.
  • Daily rest may be split: first period at least 3 hours, second at least 9 hours.
  • Rest may be taken in the vehicle if it is stationary and has a bunk.

2.8 Multi-manned vehicles

  • Each driver must take at least 9 hours' rest in a 30-hour period.
  • The vehicle must be stationary and have suitable bunks for the rest.
  • Up to 21 hours are potentially available for driving and other work.
  • The non-driving crew member may use the first 45 minutes of the non-driving period as a break; remaining suitable time is recorded as POA.
  • For the first hour, it is optional whether both drivers are aboard; after the first hour both must be aboard.

2.9 Weekly rest

  • Weekly rest must be taken no more than 6 × 24-hour periods after the previous weekly rest.
  • Regular weekly rest: at least 45 consecutive hours.
  • Reduced weekly rest: minimum 24 hours.
  • A regular 45-hour rest must be taken at least once every 2 weeks.
  • Reduced rest must be compensated by equivalent rest taken en bloc and attached to another rest period of at least 9 hours.
  • Compensation must be completed before the end of the third week following the week concerned.
  • A weekly rest crossing two working weeks may be allocated to either week.
  • The driver must be able to return to the operating centre or residence once in every 4-week period; the employer should be able to demonstrate the arrangements.
  • For international operations, the material permits 2 consecutive reduced weekly rests in a 4-week period subject to stated conditions.
  • After 2 consecutive reduced rests, both compensations must be taken en bloc before the next weekly rest and completed before the end of the sixth 24-hour period after the second reduced rest.
  • A regular weekly rest or compensation exceeding 45 hours must not be taken in the vehicle cab.
  • Where accommodation is required, the employer must provide and pay for it.
  • A reduced weekly rest away from base may be taken in the vehicle if stationary with suitable sleeping facilities.

2.10 Emergencies

  • Emergency provisions apply only where road safety is not jeopardised and only to the extent necessary.
  • A driver may exceed daily/weekly driving time by 1 hour, or by 2 hours after a 30-minute break, to reach the operating centre or residence for rest.
  • Extra time must be compensated en bloc by the end of the third following week.
  • Use the provision for genuine unforeseen emergencies, e.g. a serious motorway accident causing a major jam.
  • Predictable delays such as long-standing roadworks do not normally qualify.
  • The reason must be recorded on the analogue chart or digital tachograph printout, no later than arrival at the stopping place.

2.11 Trains and ferry boats

  • Daily rest may be interrupted no more than twice.
  • Total interruptions must not exceed 1 hour and should be as short as possible.
  • The driver must have access to a bunk during each rest portion.
  • At least 11 hours total daily rest must be taken.
  • A regular 45-hour weekly rest may also be interrupted on the same basis where the journey is scheduled for more than 8 hours.

2.12 Liability of operators

  • Bonus schemes based on distance travelled or goods carried are prohibited unless they do not endanger road safety.
  • Operators, consignors, subcontractors and employment agencies should take steps to ensure the rules are obeyed.
  • Operators may be liable for drivers' infringements even when committed in other countries.
  • Operators should have systems to schedule drivers' hours and monitor compliance.