Controversies Surrounding the Ban on 45-Hour Driver Rest in Cabins: When Can Drivers Be Fined?

Disputes over European regulations regarding bans on regular 45-hour driver’s rest in the vehicle have been ongoing for nearly 20 years. The most significant changes were introduced in 2020 through the Mobility Package regulation, which aimed to improve the working conditions of drivers and ensure fair competition in the road transport market. So, when can a driver be fined for spending the night in the cabin and is he required to present hotel stay receipts?

Unclear regulations

The initial version of article 8 paragraph 8 of key Regulation 561/2006 from 2006 read as follows:

“If the driver makes such a decision, the daily rest periods and shortened weekly rest periods away from the base can be spent in the vehicle, provided he has an appropriate sleeping place for every driver and the vehicle is parked.”

This rule was not precise and did not prohibit drivers from sleeping in the vehicle’s cabin during weekly rest periods. Nevertheless, some countries, such as Belgium, Germany, and France, included such prohibitions in their national regulations and strictly penalized those who did not comply.

– These regulations caused controversy among carriers until the groundbreaking ruling of the Court of Justice on December 20, 2017. A Belgian carrier, Vaditrans BVBA, was fined 1800 euros because a driver spent his weekly rest in the cabin of the vehicle. The carrier appealed this penalty because it considered it to contradict EU regulations. The case was referred to the European Court of Justice, which confirmed the legality of such penalties – points out Paulina Eliasz-Pietrusewicz, a lawyer at TC Legal Office.

The thesis of the CJEU ruling of December 12, 2017, was as follows:

“Article 8(6) and (8) of Regulation No 561/2006 must be interpreted in such a way that regular weekly rest periods within the meaning of Article 8(6) of that Regulation cannot be taken by the driver in the vehicle.”

New legislation and more controversies

Reflecting the above thesis, changes were made to article 8 of regulation 561/2006 via the so-called Mobility Package, which reads since August 20, 2020, as follows:

“Regular weekly rest periods and any weekly rest period lasting more than 45 hours used as compensation for previous shortened weekly rest periods cannot be taken in the vehicle. They must be used in an appropriate place of accommodation equipped with suitable sleeping and sanitary facilities for each sex.”

As a result of this change, all EU countries should introduce sanctions for spending the driver’s weekly rest in the vehicle’s cabin. More controversies arose around the possibility of controlling and charging penalties for violating these prohibitions. Control services in Germany, France or Belgium demanded from drivers during checks to present documentation confirming that rests were taken outside the vehicle, e.g. a hotel bill.

– As it turned out, these actions were illegal. The position of the European Commission on this issue is clear: law enforcement officers cannot demand from drivers during road checks documents (e.g. hotel bills) confirming that their regular weekly rests were taken outside the vehicle. Further clarifications from the European Commission indicate that control services may inspect and impose penalties if the driver is caught red-handed or if he admits it – Paulina Eliasz-Pietrusewicz points out.

So, how does the law in the discussed countries treat this issue?

France

The penalties introduced in France are the most severe. French law No. 2014-790 of July 10, 2014, aimed at combating unfair social competition, supplemented the existing French legislation concerning European social regulations. Article 15 of this law thus introduced into the French Transport Code a new article L. 3315-4-1, which provides for a penalty of one year of imprisonment and a fine of 30,000 euros for a company to organize the work of its drivers without ensuring that they take their regular weekly rest (a rest period of at least 45 hours) outside the vehicle.

Article 3(4) of decree No. 86-1130 of October 17, 1986, supplements these regulations. It introduces a fifth category fine of up to 1500 euros (or 3000 euros in the event of a repeat offense) for taking the regular weekly rest period in the vehicle.

Germany

In 2017, Germany introduced changes to the Drivers Act (FPersG), which have been in force since May 25, 2017. According to the penalty catalog, the driver is then threatened with a fine of up to 60 euros for each hour of weekly rest in the truck.

The consequences for entrepreneurs are even more severe: the fine can be as high as 180 euros per hour spent in the truck, totaling up to 2700 euros for the driver and 8100 euros for the carrier for a 45-hour break. In Germany, not only the police but also the customs services and BAG are authorized to inspect vehicles.

Belgium

Belgium was one of the first countries to introduce a fine for taking regular weekly rest in the vehicle’s cabin on June 21, 2014. The penalty is 1800 euros. Belgian services have quite a strict approach and the inspection can result in the confiscation of the vehicle if the inspecting authority considers that there might have been other violations related to the driver’s working hours or improper payment of the driver.

Overnight hotel no need to keep bills

According to EU regulations, drivers cannot spend a regular weekly break (lasting at least 45 hours) in the vehicle’s cabin. This break must be spent outside the vehicle, e.g., in a hotel or other appropriate accommodation place. The purpose of this provision is to provide drivers with adequate rest in comfortable conditions. It was introduced to protect the health and safety of the drivers and to improve working conditions as prolonged sleeping in a cabin can lead to fatigue and reduced concentration, thus increasing the risk of traffic accidents. However, it is crucial to note that the driver does not have to show hotel receipts, and a fine can only be issued if caught red-handed.

Paulina Eliasz-Pietrusewicz from TC Legal Office points out that these regulations still cause a lot of controversy among carriers and drivers: “At present, the infrastructure is not sufficiently developed for every driver to find a convenient hotel with suitable parking. This is coupled with additional costs, which are already high after implementing changes connected with the mobility package.”