Who do the driving time and rest period rules apply to?
EU rules apply to trucks over 3.5 tonnes, and since 1 July 2026 also to lighter vans in international transport.
The rules on driving times and rest periods are laid down in Regulation (EC) No 561/2006. It has been amended several times since then, mainly by Mobility Package I (Regulation (EU) 2020/1054). A regulation applies directly in every Member State: your employer, the police and the inspection authorities must follow the same text everywhere.
Which vehicles?
| Vehicle | Applies from |
|---|---|
| Goods transport with a maximum permissible weight (including trailer or semi-trailer) over 3.5 tonnes | For years |
| Goods transport over 2.5 tonnes in international transport or cabotage | Since 1 July 2026 |
| Passenger transport with more than 9 seats (including the driver) | For years |
The rules apply regardless of where the vehicle is registered, as long as you drive within the EU or between the EU, Switzerland and the EEA countries. For journeys to or through countries outside the EU (e.g. the United Kingdom, Ukraine, Turkey), the AETR Agreement usually applies, which largely follows the same rules.
Note: Do you drive a van between 2.5 and 3.5 tonnes across a border for hire or reward? Then since 1 July 2026 you must also comply with the driving time and rest period rules and use a tachograph.
Exemptions
Article 3 of the Regulation lists vehicles that fall outside the rules, such as vehicles used by the armed forces, fire services and police, some agricultural vehicles and vehicles used for non-commercial transport. In addition, under Article 13 Member States may grant national derogations (for example for short journeys within a radius around the place of business). These derogations differ from country to country: see the chapter Rules per country.
Not sure whether an exemption applies to you? Assume the rules apply until your employer can prove otherwise in writing.
Rights and obligations in brief
Your obligations
- Comply with the maximum driving times and take the mandatory breaks and rest periods.
- Record all activities correctly with the tachograph.
Your rights
- Your employer may not pay you per kilometre driven or per quantity of goods carried if this endangers road safety or encourages infringements (Article 10).
- Your employer must organise the work so that you can comply with the rules, and is jointly responsible for infringements resulting from failing to do so.