Ban on regular weekly rest periods taken in a vehicle (20.08.2020)
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The regular weekly rest periods and any weekly rest period of more than 45 hours taken in compensation for previous reduced weekly rest periods shall not be taken in a vehicle
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They shall be taken in suitable gender-friendly accommodation with adequate sleeping and sanitary facilities
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Any costs for accommodation outside the vehicle shall be covered by the employer
This is something that has been in legislation at least since 2006 but until recently had not been fully enforced in all member states. This change makes the legislation clear about not taking full regular weekly rests in the cab of the vehicle. It has also added the requirement that the employer pays for additional accommodation, this additional burden not seen in legislation before.
1. What constitutes suitable gender-friendly accommodation to take the regular weekly rest periods?
The legislation clarifies that regular weekly rests of at least 45 hours must be taken in suitable gender-friendly accommodation with adequate sleeping and sanitary facilities, they cannot be taken in the cabin of the vehicle.
There is no definition nor a list of criteria to define the notion of suitable accommodation in the legislation and it is important to leave flexibility on the type of accommodation that drivers may use.
However, Article 8(8) clearly requires that the accommodation offers adequate sleeping facilities and sanitary facilities. The facilities should leave enough privacy for each individual.
Several types of accommodation may fulfil those criteria, for instance, a hotel, motel rental apartment or a private home.
2. What evidence should a driver present to a controller to prove that he/she has not spent the regular weekly rest in the truck but in a suitable accommodation?
Article 34(3) of Regulation (EU) No 165/2014 specifies that the Member States shall not impose on drivers a requirement to present any forms attesting for drivers’ activities away from the vehicle. This covers also a situation of taking a regular weekly rest outside the vehicle. Thus, enforcers cannot require drivers documents proving that their regular weekly rest preceding the roadside inspection was not spent in the vehicle.
Drivers or employers can only be fined for non-compliance with the prohibition of taking the regular weekly rest (or rest of more than 45 hours taken in compensation) in the vehicle when they/their drivers are caught having a regular weekly rest inside the vehicle at the time of the control.
