Within the European Union, Directive 2002/15/EC[1] is setting the rules regarding working time for drivers carrying out road transport activities in the European Union from the point of view of improving road safety, health and safety of drivers and ensure fair competition among transport operators.
Working time of mobile workers is a strictly national obligation to implement and to check and it cannot be imposed to drivers from third countries.
Regulation (EC) 561/2006 (consolidated version 22-05-2024) [1] is the regulation complementing the aforementioned Directive in view of driving times, breaks and rest periods required to be taken by professional drivers of vehicles carrying goods or passengers in international or national transport operations.
The Regulation (EC) 561/2006 applies to the carriage by road of goods by vehicles with a total mass exceeding 3.5 tonnes and to the transport by road of passengers by vehicles that are adapted to carry more than nine people (including the driver).
UNECE have adopted in 1970 the European Agreement Concerning the Work of Crews of Vehicles Engaged in International Road Transport (AETR).
In addition to the above requirements, drivers in the EU must also abide with the European Working Time Directive 2003/88/EC.
Before surpassing 4.5 hours of cumulated driving time, the driver must take a break period of at least 45 minutes.
On a multi-manning operation the first 45 minutes of a period of availability will be considered to be a break, so long as the co-driver does no work.
Alternatively, a driver can take a reduced weekly rest period of a minimum of 24 consecutive hours.
Warning: Until 2020, into the Regulation 561/2006 it was this piece of text at Article 8.8: "Where a driver chooses to do this, daily rest periods and reduced weekly rest periods away from base may be taken in a vehicle, as long as it has suitable sleeping facilities for each driver and the vehicle is stationary."
Unforeseen events Provided that road safety is not jeopardised, and to enable a driver to reach a suitable stopping place, a departure from the EU rules may be permitted to the extent necessary to ensure the safety of persons, the vehicle or its load.
Repeated and regular occurrences, however, might indicate to enforcement officers that employers were not in fact scheduling work to enable compliance with the applicable rules.
[5] Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden.
Albania, Andorra, Armenia, Azerbaijan, Belarus, Bosnia and Herzegovina, Kazakhstan, Liechtenstein, North Macedonia, Moldova, Monaco, Montenegro, Russia, San Marino, Serbia, Switzerland, Turkey, Turkmenistan, United Kingdom, Ukraine and Uzbekistan.