Adopted in July 2020 by the European Parliament, the mobility package brings far-reaching changes to existing regulations in the road transport sector.
Directive 2020/1057 was introduced to ensure better working conditions for road transport drivers and covers a number of issues relating to the posting of workers in land transport. One of the main axes of this reform concerns the driving time of transporters as well as their breaks and rest periods. The aim of this regulation is to ensure better rest conditions for truck drivers. Find out more about the measures that have been put in place.
Specific working hours for lorry drivers
Truck drivers working in the road transport sector have to respect a specific working time for this sector called duty time.
The working time of a driver includes:
- Driving;
- Loading and unloading the vehicle;
- Cleaning and maintenance of the vehicle;
- Assistance to passengers getting in and out of the vehicle;
- All work with the aim of ensuring the safety of the vehicle or fulfilling legal obligations linked to a transport operation (administrative formalities);
- Any period during which the driver is considered to be on duty.
Daily working hours
The maximum driving time for a driver is 4.5 hours without breaks or rest. After this driving time, the driver must stop for a break.
In addition, the daily working time of a carrier should not exceed 12 hours.
However, this period may be temporarily extended in the context of the execution of a mission of an urgent nature. Article 9 of decree n°83-40 (in French) defines these conditions. Thus, an extension of working hours is possible in the following cases
- To prevent imminent accidents;
- To organise rescue measures;
- To repair accidents to equipment, installations or company buildings.
In the case of extended working hours, the following rules must be respected:
- The extension shall not exceed 8 hours per week for safety measures, safeguarding or repairs in case of accidents on the installations or buildings;
- The extension shall not exceed 6 hours per week for vehicle recovery. The daily working time should not exceed fourteen hours.
Any company using its right to temporary extensions must inform the labour inspectorate as soon as the extension is established.
On the other hand, the driver may, exceptionally, exceed his daily driving time by one hour in order to reach the operational centre of his company or his home to take a rest.
The overtime can be extended to a maximum of 2 hours, if the driver takes a 30-minute break immediately before the extra driving time.
Weekly working hours
The Transport Code (in French) determines the weekly working time of a driver according to the number of daily rests per month away from home. This varies according to the category in which the driver is placed.
Thus, the weekly working time is arranged as follows:
- 56 hours over a week for “long-distance” drivers[1] ;
- 52 hours per week for other drivers[2] ;
On the other hand, the driver may exceptionally exceed his weekly driving time by one hour in order to go to the operational centre of his company or to his home to take a rest.
The overtime can be extended to a maximum of 2 hours, if the driver takes a 30-minute break immediately before the extra driving time.
Night work
In the road transport sector, night work is defined as the period between 9 p.m. and 6 a.m. A driver working these hours will have to work a maximum of 10 hours in a 24-hour period.
Specific break and rest times for road transport drivers
Break time
Drivers may not drive for more than 6 hours without a break. Thus, the daily working time must be interrupted for a break of at least 30 minutes if the driver works between 6 and 9 hours a day.
This break must last at least 45 minutes if the period worked is longer than 9 hours. The carrier has the possibility to split this break with a break of at least 15 minutes followed by a break of at least 30 minutes.
Furthermore, in the case of multi-manning, the driver has the possibility to take his break in the moving vehicle, only if he does not assist the second driver in driving.
Rest time
Henceforth, hauliers are obliged to return home at regular intervals in the Member State of the haulier’s employer or residence, every four weeks according to their working hours.
On the other hand, if the rest period cannot be taken at the driver’s place of residence, he may, if he wishes, take it on board the vehicle. For this, the vehicle must be equipped with suitable equipment (bunk, cab, etc.) and be stationary.
Otherwise, the driver will not be able to rest in the truck cab. The employer is responsible for paying the accommodation costs.
Who is affected by this regulation?
This regulation applies to transporters in charge of transport of:
- goods by vehicles, including vehicles with trailers or semi-trailers, whose weight exceeds 3.5 tonnes;
- passengers by vehicles constructed or adapted for the carriage of more than 9 persons (including the driver) and intended for that purpose.
On the other hand, drivers carrying out the following transport operations are also affected, regardless of the country of registration of the truck:
- Transport exclusively within the European Union ;
- Transport between the EU, Switzerland and the countries covered by the Agreement on the European Economic Area;
Please note: for international transport operations outside the countries listed above, the European Agreement on Road Transport (AETR) is applied.
Obligation to equip trucks with intelligent tachographs
With the implementation of the directive on 2 February 2022, posted drivers making international journeys must receive the remuneration applied in the EU member state where the posting takes place.
For this reason, trucks must be equipped with a smart tachograph. The smart tachograph automatically records the actions of the driver: driving time, breaks, border crossings, cabotage, etc.
The installation of these boxes is intended to combat fraud and abuse. Thus, a timetable has been planned for the installation of smart tachographs on board vehicles:
- From 21 August 2023, all new vehicles put on the road must be equipped with a smart tachograph (version 2);
- Any vehicle put into circulation before 15 June 2019 carrying out international missions must install a smart tachograph (version 2) before 1 January 2025;
- From 1 July 2026, all vehicles over 2.5 tonnes engaged in international road transport or cabotage operations must be equipped with a smart tachograph (version 2).
ASD SPW can assist you with this change in regulations, call on our experts for more information.
Moreover, with its online service for the posting of workers, ASD SPW offers to take care of all your obligations relating to the posting of workers in numerous sectors of activity such as construction, viticulture or trade. Thus, with this platform specially designed for the posting of workers, you can manage your administrative procedures such as :
- SIPSI or BTP card applications;
- Management of the posting of employees;
- Storage of mandatory documents;
- Follow-up posting assignments;
- Get information and reminders about regulatory failings of the posting to avoid any sanctions.
[1] Road haulage workers and any other service that requires them to take at least six daily rests per month away from home.
[2] In the case of “Mobile” or “Short Distance” personnel who do not belong to the other categories mentioned.
[3] Mobile workers assigned to the transport of goods while respecting specific delivery time constraints, within the framework of regular rounds.
[4] Mobile workers assigned to cash transport, jewellery or any other precious metals.
