As a truck driver or coach/bus driver, you must comply with the driving hours regulations. But what do these regulations involve? How does it work with double-manned vehicles? And are you actually allowed to start before 5 o'clock?
What are the driving time regulations?
The Drivers’ Hours Act applies to drivers in road transport, both passenger transport and commercial freight transport. In other words, both truck drivers and bus or coach drivers are subject to it. The law ensures that drivers get enough rest each day or week. This is important for your own wellbeing as a driver, as well as for road safety.
What does the law cover?
The driving time regulations consist mainly of three parts:
Maximum total driving time
The maximum total driving time is the total time you spend behind the wheel. There are rules governing this. For example, you may drive for 10 hours in a day 2 times per week. On the other days of the week, you may drive for a maximum of 9 hours. In total, you may drive for a maximum of 90 hours per 2 weeks, and during one of those two weeks you may drive for a maximum of 56 hours.
Maximum uninterrupted driving time
The maximum uninterrupted driving time is the amount of time you spend behind the wheel in a single session. This means the time you drive between starting your journey and your first break, between two breaks, or between a break and the end of your shift. This time must not exceed 4.5 hours. After that, you must take a break of at least 45 minutes.
Please note: you can also split the 45-minute break. During the same 4.5 hours of driving time, for example, you can take a 15-minute break and later another break of at least 30 minutes.
Minimum rest period
The driving time regulations also specify the minimum rest periods that you are required to take as a driver. For example, you must be able to rest for at least 11 consecutive hours each day. You must also rest for 45 consecutive hours each week.
You can also split the minimum daily rest period into two parts: a first rest period of at least 3 hours and a second period of at least 9 hours. Between two weekly rest periods of 45 hours, you may reduce your daily rest period to 9 hours up to 3 times.
The weekly rest period is generally at least 45 hours without interruption. Once every two weeks, you may reduce this to 24 hours. However, you must make up the difference by the end of the third week.
Driving time regulations for double-manned crews (2 drivers)
Are there two of you driving? Then slightly different rules apply. In a truck with two drivers, you don’t have to take a 45-minute break after every 4.5 hours. You can simply switch places. However, the first driver is not allowed to help—not even with navigation. With a two-person crew, the reduced daily rest period (at least 9 hours) may also be taken within a 30-hour period, instead of being limited to 3 times a week.
Can you start before 5 a.m. under the driving and rest time rules?
As a truck driver, sometimes you want to hit the road early, when it is still quiet. Fortunately, under the driving hours regulations, you are allowed to start before 5 a.m. But bear in mind: if you start between 01:00 and 05:00, you are allowed a maximum of 10 hours of working time in the following 24 hours. This includes time spent loading and unloading!
Moving a truck during a rest period
In principle, you are not allowed to drive or move the vehicle during a rest period, as you need to be able to rest without interruption. However, digital tachographs have a special 29-second rule. This means that if you move a vehicle for less than 30 seconds, the tachograph does not record this movement as “driving time” but as “other work”.
In other words, if you move the truck for less than 29 seconds during your rest period, does the rest period remain unaffected in the records (in theory)? But be careful! If the move takes longer, the whole period is recorded as driving time, interrupting your rest. This may result in fines or penalties.
When may you exceed the driving and rest time limits?
You are only allowed to deviate from the rules in unforeseen situations on the road. This could include an unexpected traffic jam, heavy snowfall or a completely full parking area when you need to stop. It is important that these circumstances were not known in advance. If your employer already knew that problems were likely to arise, this should have been taken into account in the schedule.
Exceeding the limits is therefore only permitted when it becomes impossible for you to follow the rules strictly at that point. You may not plan this in advance or agree it with your employer. It must always be a sudden, exceptional event that happens to you during the journey.
Will you be fined for violating the driving time regulations?
The Inspectie Leefomgeving en Transport can read your tachograph to check whether you are complying with the driving and rest time rules. If you aren’t, you can indeed expect a fine. The amount depends on the offence and may vary from country to country. In the Netherlands, for example, fines can run into thousands of euros if you take far too little rest!
