New EU-legislation regarding driving and rest times enter into force on 20 Augustus 2020

The following changes will apply from 20 August 2020 on :

In any two consecutive weeks, a driver shall take at least two regular weekly rest periods (48 continuous hours), or one regular weekly rest period in combination with a reduced weekly rest period (at least 24 continuous hours).

By way of derogation, a driver engaged in international transport of goods may take two consecutive reduced weekly rest periods outside the Member State of the establishment of the employer, provided that the driver in any four consecutive weeks takes at least four weekly rest periods, of which at least two shall be regular weekly rest periods.

Any reduction in weekly rest periods shall be compensated by an equivalent period of rest to be taken before the end of the third week following the week in question.

Where two reduced weekly rest periods have been taken consecutively the next weekly rest period shall be preceded by a rest period taken as compensation for those two reduced weekly rest periods.

The regular weekly rest period and any compensatory rest period of more than 45 hours shall not be taken in a vehicle. The costs of accommodation are at the expense of the employer. This accommodation must be suitable, gender-friendly, and hygienic.

In addition, within each period of four consecutive weeks, the driver must be able to take his weekly rest period, or a weekly rest period of more than 45 hours taken in compensation for a reduced weekly rest period, at the employer’s operational center where the driver is normally based or at his own place of residence.

Moreover, where two consecutive reduced weekly rest periods have been taken, this possibility must be provided in the following (i.e. third) week, before the start of the regular weekly rest period of more than 45 hours taken in compensation.

Where a driver accompanies a vehicle which is transported by ferry or train and takes a regular daily rest period or a reduced weekly rest period, that period may be interrupted twice by other activities not exceeding one hour in total. During that regular daily rest or reduced weekly rest period, the driver shall have access to a sleeper cabin, bunk or couchette at their disposal.

The same applies to a driver that accompanies a vehicle that is transported by ferry or train and takes a regular weekly rest period the journey has to be scheduled for 8 hours or more and the driver has to have access to a sleeper cabin in the ferry or on the train.

Provided that road safety is not thereby jeopardized, in exceptional circumstances, the driver may exceed the daily and weekly driving time by up to one hour in order to reach the employer’s operational center or the driver’s place of residence to take a weekly rest period.

Under the same conditions, the driver may exceed the daily and weekly driving time by up to two hours, provided that an uninterrupted break of 30 minutes was taken immediately prior to the additional driving in order to reach the employer’s operational center or the driver’s place of residence for taking a regular weekly rest period.