Extended driving time vs. mobility package
Where could you hear about extended working hours for drivers? This solution has emerged thanks to Regulation No. 561/2006 of the European Parliament and of the Council of March 15, 2006:
Provided that it does not jeopardize traffic safety, in exceptional circumstances the driver may also waive Article. 6 paragraph. 1 and 2 and Art. 8 paragraph. 2, exceeding the daily and weekly driving time by up to one hour to reach the employer’s operations center or his residence to use the weekly rest period.
The cited provision provides for an extension of the driver’s driving time by one hour. What conditions must be met to take advantage of this solution?
Increase driving time by 1 or 2 hours
Exceptional circumstances must exist in order for there to be extended working hours for drivers. Examples of such circumstances could be inclement weather or unexpected congestion on the road. However, it should be borne in mind that if the situation could have been avoided at the route planning stage, it cannot be considered an exceptional circumstance entitling an extension of driving time.
Example:
There have been road works on the route of the truck for several days – the driver’s working hours cannot be extended due to this circumstance, as the route of the truck should have been planned with this impediment in mind in advance.
When can a ride be extended by one hour, and when by two?
- A driver may extend driving time by up to 1 hour when planning a shortened weekly rest.
- Extension of driving time by up to 2 hours is possible only if the driver uses the regular weekly rest at the end of the day. In this case, it is important to note that immediately before extending the driving time, it is necessary to take a 30-minute rest.
Important!
Even with the application of a special extension of driving time, the driver must not exceed the continuous driving time – it is a maximum of 4.5 hours, after which a 45-minute rest must be taken. So if a driver – due to exceptional circumstances – has to drive ten hours in a day, he should do so including at least two rest periods – every 4.5 hours each.
Resting while driving
One of the most essential elements of a professional driver’s work – especially in the context of regulations – is rest. Drivers are required to use rest periods at the times and circumstances prescribed by law. Moreover, rest time is also included in the provisions of the law.
Daily working hours and daily rest
As we mentioned earlier, the working time of drivers during the day must not exceed 9 hours, of which a maximum of 4.5 hours can be driven without a break.
After 4.5 hours, the driver must go for a 45-minute rest. The important thing is that even if a driver extends his driving by an hour (he uses Article 12 of the aforementioned Regulation), he cannot exceed 4.5 hours of continuous driving.
Example:
The driver is hitting the road. He drives for 4.5 hours and then rests for 45 minutes. After resting, he continues driving. Three hours later, he realizes that he is unable to reach the base on time due to road conditions.
As a result, the driver will have to extend his driving time. Nevertheless, he makes an attempt, but after a little more than four hours of driving, he already knows that it is impossible. So he pulls over to a parking spot because he needs to rest after a 4.5-hour drive. Only after another 45 minutes of stopping can it move on and reach the base.
The driver can, of course, divide the time into breaks and, for example, after two hours of driving, stop for a quarter of an hour to rest for another two and a half hours.
After the driver’s work for the day is completed, and before setting off on the next leg of the route, the employee must take a regular daily rest (lasting a minimum of 11 hours) or a shortened rest (lasting a minimum of 9 hours). However, it should be borne in mind that the shortened daily rest cannot be used more than three times between weekly rests.
Weekly driving time
In the context of the regulations, it is important to remember that the work week begins at 00:00 on Monday and ends at 23:59 on Sunday. The maximum weekly driving time for a driver is 56 hours, which equals 8 hours per day.
Once the working week has expired or the number of hours stipulated by the driver’s weekly working hours has been used, the driver must take a weekly rest period – here, too, there is a regular or shortened variant:
- Regular weekly rest is a minimum of 45 hours and follows six work cycles;
- A shortened weekly rest can last a minimum of 24 hours, but it can be taken a maximum of three times between two weekly rests.
Thus, the use of the weekly rest period works on similar principles as the daily rest.
Two-week driving time
Drivers are also subject to a maximum driving time of 90 hours over a two-week period. So if a driver spends 56 hours on the road in one week (which is the allowed maximum), the next week he will not be able to drive more than 34 hours.
Driving at night
If a driver drives a vehicle during any hours between 9 p.m. and 7 a.m., the driving time counts as nighttime driving, according to Labor Code provisions. However, transportation also uses the Drivers’ Hours of Service Law, which states that nighttime is the 4-hour period between midnight and 7:00 am.
Drivers who perform night work (and remember, it’s not just driving time that counts towards drivers’ working hours) can work for 10 hours during a work shift. In February 2022, these regulations were clarified – now work performed between two daily rests or a daily rest and a weekly rest counts towards the 10-hour limit. With this change, drivers do not have to wait until the end of the working day to “reset” the meter.
New obligations related to the extension of drivers’ working hours
The possibility of taking advantage of the extended driving time is subject to additional conditions. The driver is required to describe in detail the circumstances that occurred and the reasons that prompted him to extend the driving time. This description should appear on the tachograph printout, on the work schedule or on the record sheet.
The timing of the description is also important – this should be done no later than upon arrival at the destination or a suitable stopping place.
We would like to remind you that a driver can extend the ride just to reach the base or residence. It is good practice to carry with you a document confirming your home address – it may come in handy in case of an inspection. In this way, the driver will prove that he extended his driving time in order to reach his destination.
Ride extension vs. multi-person crew
The regulations also provide for riding in a multi-crew. In this case, however, it is important to remember that there must be a second driver in the cabin for their use. The permissible length of driving without a second driver is 60 minutes from the time of departure on the route – after this time, the presence of a second driver is required. If this condition is not fulfilled, the regulations for driving in single staff will apply.
Summary
The increase in driving time in the regulations is actually a nod to drivers who, for reasons beyond their control, have had to spend nights at rest stops while really close to home or their destination. Although, despite the regulations, you still can’t just exceed your weekly driving time, the introduction of some flexibility in the regulations allows you to do more. At the same time, it requires proper route planning and meticulous recording of drivers’ working hours.
Special attention should still be paid to ensure that breaks are properly scheduled after driving time, as well as to ensure that drivers are provided with conditions for taking weekly rest or daily rest.
