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Better working conditions for truck drivers across the EU
New EU rules on road transport aim to end distortion of competition in the sector while providing better working conditions for drivers. Find out more.
Published: 07-07-2020 Last updated: 30-04-2024 - 17:10 5 min read
Better working conditions for drivers
Updating road transport rules
On 8 July, MEPs approved the mobility package for road transport, following its adoption by the transport committee in June. The new rules have been provisionally agreed with EU ministers and were adopted by the Council on 7 April.
The package comprises three key elements: better enforcement of cabotage rules, posting of drivers and drivers’ rest times.
Though the EU already regulates all these areas, loopholes exist and difficulties in enforcement have led EU countries to implement them differently. The new rules will provide a clear and common framework for the road transport sector.
Below you will find an overview of each element of the package.
Check out what the EU does for workers’ rights and working conditions.
More rest and time at home
Under the new regulation, drivers will enjoy better rest conditions and be entitled to more time at home. For example, weekly rest of more than 45 hours can’t be taken in a vehicle, but in suitable accommodation with adequate facilities, paid for by the employer. Work should be organised to give drivers more time at home.
To help detect breaches of the rules, smart tachographs will be deployed to record border-crossings and other activities.
Tachograph
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A device that records all of a vehicle’s activities, for example distance, speed, driving times and driver rest periods
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It is already obligatory to install a digital tachograph in new goods vehicles weighing more than 3.5 tonnes
Clear rules on posting of drivers
Given the nature of road transport, stronger enforcement of sector-specific rules is needed to strike a balance between the freedom of operators to provide cross-border services and proper working conditions and social protection for drivers.
Drivers are not generally posted to another member state under service contracts for long periods of time, as is sometimes the case in other sectors, and the existing rules are applied in an uncoordinated way by different member states.
Posted workers
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Employees sent by their employer to carry out a service in another EU country on a temporary basis, in the context of a contract of services, an intra-group posting or a hiring out through a temporary agency.
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Different from mobile workers: they remain in the host member state temporarily and do not integrate into its labour market.
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The road transport sector is characterised by a highly mobile workforce.
The revised rules aim to prevent differing national approaches and ensure fair remuneration for drivers.
The new posting rules will apply to cabotage, international transport operations, (excluding transit) and bilateral operations (transport from a member state where the driver is based to another country and vice-versa).
Fair and competitive road transport sector
The updated rules on cabotage introduce concerted checks by two or more national enforcement authorities and facilitate cooperation and exchanges of information between EU countries.
©AdobeStock_Dmitry Vereshchagin
Cabotage
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Cabotage is when a foreign truck makes national deliveries on the territory of another EU country right after an international delivery from another country.
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It helps trucks reduce empty runs and saves fuel.
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Cabotage was first introduced in 1990 through quotas.
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EU rules allowing for three cabotage operations within seven days of the international delivery remain unchanged.
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To avoid “systematic cabotage”, new rules introduce a four-day “cooling off” period before cabotage in the same country with the same vehicle.
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In 2017, almost half of EU cabotage was in Germany, while almost 40% was performed by Polish hauliers.
In order to stop the use of so-called letterbox companies by hauliers, which distort competition, and to improve employment conditions for drivers, the revised rules will require road haulage companies to have substantial activities in the EU countries in which they are registered.
The rules will also introduce an obligation for the driver to return to the company’s operational centre every eight weeks.
Rules will be extended to transport operators using light commercial vehicles of more than 2.5 tonnes, including equipping vans with a tachograph.
What are letterbox companies?
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Businesses that exist as a mailing address only, with activities taking place in another EU country
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A letterbox company is set up to circumvent legal and conventional obligations usually in areas like taxation, social security, VAT and wages
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They are illegal but often go undetected, as most EU countries have no legal or working definition of letterbox companies
Next steps
The new rules will enter into force after being published in the Official Journal, which will happen in the coming weeks. The rules on rest times will apply 20 days and the rules on posting and market access 18 months after publication.
More about EU rules on working conditions
Find out more
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(open in a new tab) Regulation relating to access to the profession and to the market
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(open in a new tab) Regulation relating to driving times and rest periods and tachographs
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(open in a new tab) Directive relating to enforcement and posting drivers in the road transport sect
EU rules for working in road transport
As a transportation driver you must follow certain EU rules on driving times, rest times, and how to register them. These rules apply if you drive a heavy goods vehicle over 3.5 tonnes, or a bus or coach with 10 or more seats (including the driver). You must follow these rules if you are driving long-haul or making deliveries domestically or abroad, regardless of where your vehicle is registered, and whether you are self-employed or an employee.
The EU rules on driving times do not apply to all types of transport. Read the exceptions below.
Exceptions
Sample story
Transporting heavy equipment and products as a craftsman
Matthias runs a tree nursery and gardening firm in Germany. He is known for his large trees. To deliver and plant them, he carries the trees and an excavator on a truck and trailer often exceeding 3.5 tonnes. But because the combination is still under 7.5 tonnes and Matthias only drives it to his own clients who are within a 100 km radius from his nursery, the EU driving time rules do not apply to him.
Not just in EU countries
Professional drivers have to follow these rules in all EU countries, as well as in Switzerland, Liechtenstein, Norway and Iceland. Outside this area in most European and some Central-Asian countries drivers must follow the rules of the European agreement on drivers in international road transport, known as AETR. Most AETR rules are aligned to the EU rules, but there are some exceptions.
Differences between AETR and EU rules
How long can I drive?
You can drive:
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9 hours per day (and twice a week up to 10 hours per day)
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56 hours per week (maximum 90 hours per two weeks)
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exceptionally one hour longer to reach your home or company when you start a weekly rest period (or two hours more to start a regular weekly rest period)
Remember that working time includes all road transport activities, such as:
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driving
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loading and unloading
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assisting passengers in getting on and off the vehicle
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cleaning and technical maintenance
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monitoring of loading and unloading of goods
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administrative formalities
If you are a self-employed driver, any time you are required to be at your workstation/vehicle, at the disposal of the client or undertaking transport activities is also considered as working time.
How long should I rest?
You must take a break or rest at least:
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45 minutes for every 4 hours and 30 minutes of driving time (which may be taken as two breaks of 15 and 30 minutes)
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11 hours of rest for every 24 hours of service, which may be split into two rest periods (of first 3 and then 9 hours for a total of 12 hours), or a reduced period of 9 hours at most 3 times between any two weekly rest periods
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45 continuous hours of rest after 6 days of driving, and at least 24 hours every second week (if compensated, before the end of the third week, by an equivalent single rest period added to another rest period of at least 9 hours)
Exceptionally you can work up to 60 hours per week but on average you cannot work more than 48 hours a week over a 4-month period.
Sample story
Driving your vehicle onto a ferry or train during your rest period
After a long journey to Greece and back, Jack planned to start his regular weekly rest aboard the ferry to Ireland. But in Cherbourg the ferry is 4 hours late. No problem: he can start his weekly rest anyway, after 4 hours he can drive his combination onto the ferry and on arrival in Dublin (some 19 hours later) he can roll off the ferry and have his last 22 hours of rest there. It is permitted to interrupt a regular daily or reduced weekly rest period twice, for 1 hour in total, to take a ferry or train, provided the driver has a sleeper cabin, bunk or couchette. Similarly a regular weekly rest can be interrupted provided that the journey is scheduled for at least 8 hours and the driver has a sleeper cabin.
At least once every 4 weeks you must return to the place where your employer is located or the place where you live and have a regular weekly rest period (or longer rest period to compensate for a reduced rest period) there.
If you are two or more drivers (known as multi-manning), you can take your daily rest within a period of 30 hours (instead of 24 hours), and you can take 45-minute breaks (every 4 hours and 30 minutes) in the vehicle.
For these exceptions to apply, two or more drivers must be present from the second hour.
What is a regular weekly rest period?
You are entitled to an uninterrupted regular weekly rest period of at least 45 hours. You cannot spend this time in the vehicle. You must have access to suitable gender-friendly accommodation with adequate sleeping and sanitary facilities. Your weekly rest period can be reduced once every two weeks, but it can never be less than 24 hours. Any reduction must be compensated for by an equivalent single period of rest, added to another rest period of at least 9 hours before the end of the third following week.
In international transport of goods you may take two consecutive reduced weekly rest periods abroad, but only if:
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in any four consecutive weeks you take at least four weekly rest periods, and
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at least two of these four periods are regular weekly rest periods, and
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you can go home - or to the place where your employer is located - in the following week to start the regular weekly rest period of more than 45 hours in compensation
What about coach trips abroad?
If you carry passengers on a trip abroad and your service lasts more than 24 consecutive hours, you can work up to 12 consecutive days, provided you just had 45 hours of regular weekly rest before your trip, and you take two weekly rest periods back to back when you return (at least 69 hours). This “12 day rule” only applies if you have a digital or smart tachograph on board. Between 22.00 and 06.00 you need a second driver, or you must take a 45 minute break every 3 hours, not 4.5 hours.
Always use the tachograph
If the driving time rules apply to you, you must register every trip with your tachograph. Your employer has to keep the records for at least a year and you can get a copy upon request. The authorities can check your tachograph anytime and anywhere at the roadside or on the company’s premises.
If you fail to correctly register your driving times, countries can impose penalties or start legal proceedings against you. In that case you will get evidence in writing which you have to keep on board.
Are you a posted driver?
If for limited periods of time you work as a driver in EU countries outside the EU country where your employer is established, you are a posted driver.
What makes you a posted worker?
As a posted driver, specific rules apply to you in terms of administrative requirements and the wage you’re entitled to.
What is not posted work?
Administrative obligations during the posting
In case of a roadside check, you must be able to present:
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a copy of the posting declaration (electronic or paper version)
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evidence of the transport operation(s) taking place in the host EU country (e.g. consignment note)
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tachograph records
Your employer has to make sure that you have the necessary documents at your disposal. Read more general information about posted workers.
What is the minimum wage for posted drivers?
Your employer must make sure that your wage is in line with the national rules for drivers in the EU country that you have been posted to. This means they must adjust your pay if wages are higher in the country where you are posted. Wages are different in each EU country as they depend on national legislation. Get access to national information below.
Choose country
More information
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Read the clear leaflets for drivers and companies on driving and resting times and the posting of drivers (also available in 28 other languages).
European Truck Driving Restrictions – Hourly transit restrictions for trucks
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