EU 2026–2029: Driving Time and Rest Periods

22. Revision of driving times and rest periods for coach tourism (occasional passenger transport)

Legal act / status of legislative procedure: Regulation (EU) 2024/1258 of 24 April 2024 amending Regulation (EC) No 561/2006 as regards minimum requirements on minimum breaks and daily and weekly rest periods in the occasional passenger transport sector and as regards the power of Member States to impose penalties for infringements of Regulation (EU) No 165/2014 committed in another Member State or in a third country.

I. General remarks:

Different rules in mixed transport operations
There are bus companies whose drivers work within one shift in both occasional and regular services, so-called “mixed transport operations”. Typical examples of mixed services include rail replacement services in the event of unexpected disruptions. In such cases, drivers from regular services take over occasional services during the same shift. Other examples include excursions with schoolchildren, the transport of employees to their workplaces, ski buses, excursion trips and others.

Different national and European rules create contradictory requirements or lead to a regulatory gap in the area of occasional services. In practice, this situation creates legal uncertainty for the persons involved, employers, bus drivers and the competent enforcement authorities. During random roadside checks, for example, the police are uncertain which rules should be applied when checking bus drivers working a shift with “mixed services”.

II. Specific proposals:

We welcome the fact that the “12-day rule” has also been permitted domestically
The 12-day rule, which was previously permitted only for cross-border journeys, has also been permitted domestically. Unfortunately, however, changes to its application are not being discussed, namely the 45-hour rest period before and the 69/90-hour rest period afterwards. It also remains permitted only with a single travel group; a combination of different journeys is not on the table. Unfortunately, neither the European Commission nor the European Parliament has taken up the industry’s proposals to make compensation for rest periods more flexible, for example up to three weeks afterwards.

23. Tolerances in driving time and rest periods in goods transport and special rules

Legal act / status of legislative procedure: Regulation (EC) No 561/2006 on the harmonisation of certain social legislation relating to road transport.

I. General remarks:

At present, in exceptional situations, it is possible to deviate from the regular driving and rest time rules in order to ensure the safety of people, the vehicle or its load.

With regard to the specific challenges and unpredictability associated with construction-site transport, there is an incompatibility between compliance with the provisions of Regulation 561/2006 and the practical work requirements on construction sites.

Battery-electric vehicles also present challenges because charging takes longer than refuelling with conventional fuels. It is therefore necessary to adapt the rules on driving and rest times to the electrification of road transport and to integrate the charging process for battery-electric vehicles into driving operations in the best possible way.

II. Specific proposals:

• We therefore propose creating an exemption option for construction-site transport, as already exists under Article 13 of Regulation 561/2006 for other situations. In order to enable drivers to respond appropriately when unforeseen events occur, we propose introducing tolerances for driving and rest times in special circumstances such as congestion or diversions — not only in guidelines.
  
  
• We propose adapting driving and rest times in order to allow vehicle movements connected with the charging process of battery-electric vehicles during breaks and rest periods.

24. Five-star parking areas instead of a ban on taking the regular weekly rest period in the cabin

Legal act / status of legislative procedure: Regulation (EU) 2020/1054 of 15 July 2020 amending Regulation 561/2006.

I. General remarks:

Regular weekly rest periods and compensation rest periods for reduced rest periods may currently not be spent in the vehicle. In practice, this rule often creates difficulties, as suitable alternatives to resting in the cabin are not available to a sufficient extent. Drivers are therefore often faced with the situation of having to cover additional distances at the end of their working day in order to reach adequate accommodation for the required rest periods.

II. Specific proposals:

• With regard to the Commission’s plans to establish secure parking areas every 150 km along the TEN-T core road network, we propose abolishing the obligation not to spend the weekly rest period in the cabin and instead investing in the creation of additional secure parking facilities.

• When creating adequate parking areas, the concept of five-star parking facilities should be taken into account. These should meet the following criteria: safety, cleanliness, warmth, social facilities and affordability. By creating such modern parking areas of the future — such as the one currently being built on the A8 Innkreis motorway[1] — which are specifically tailored to the needs of lorry drivers, a safe and modern environment for their rest periods can be ensured.

[1] ASFINAG: Baustart für Truck-Stop Hausruck an der A 8 Innkreisautobahn