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Weekly Rest Period Clarification for HGV drivers’ hours

A statement by the Advocate General of the European Court of Justice has advised that a ‘normal’ 45-hour weekend break cannot count as ‘rest’ for tachograph and EU drivers’ hours regulations purposes if it has been taken in the vehicle. However, the 24-hour breaks which can be taken every other week, can still be taken in the vehicle’s cab.

The regulations are specified in EC 561/2006.

The new Department for Transport (DfT) Simplified Guidance on EU drivers’ hours and working time also confirms that only the shortened weekly rest can be taken in the cab. The guidance states “You can take your daily rest period or a reduced weekly rest period in your vehicle, provided the vehicle is stationary and is fitted with suitable sleeping facilities. However, you cannot take a regular weekly rest period in your vehicle.”

The European Transport Workers’ Federation said it would campaign further to ensure that if weekly rest was taken away from home, then it would have to be in a hotel or motel room with individual sanitary facilities and access to hot meals.

For help and advice on EU drivers hours law see our drivers’ hours infographic and resources on SmartCompliance.

Posted on: 20.04.2017

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