Changes in Working and Rest Time Rules for Occasional Bus Drivers

17.06.2024

New rules for occasional bus drivers came into effect on May 22 under Regulation 561/2006, which governs drivers' working and rest hours. This change is due to the nature of occasional passenger transport (tourist groups, charter transport) being different from goods transport or regular passenger transport on specific routes.

Occasional transport is characterized by high seasonality, varying driving times and distances depending on the tourist group and their preferences. Additionally, passenger needs, which can often be unplanned and unexpected, may require additional stops and schedule changes. Generally, occasional bus drivers stay overnight in hotels and rarely drive at night.

A review of Regulation 561/2006 revealed that some existing break and rest period rules do not align with the specifics of occasional transport. Consequently, the rules can be unsuitable and impractical for bus drivers and companies, reducing their ability to organize occasional transport efficiently, safely, and with high quality.

Note: The changes discussed in this article apply exclusively to occasional bus drivers. All other drivers must adhere to the existing rules.

1. Change in Break Periods

Regulation 561/2006 Article 7 adds the following paragraph:

"In the case of occasional passenger transport, a driver can replace the 45-minute break with two breaks of at least 15 minutes each, provided that the total break time is at least 45 minutes and the driving period does not exceed 4 hours and 30 minutes."

Previously, the rule was that after a 4.5-hour driving period, a driver had to take a 45-minute break, which could be split into at least 15-minute and at least 30-minute break (the 15+30 rule).

For example, if a driver took a first break of 25 minutes, they still had to take a second break of 30 minutes. Or if the driver took a first break of 40 minutes, they still had to take a second break of 30 minutes.

Now, a driver can take breaks that total 45 minutes, without strictly adhering to the 15+30 rule.

The new rule is: there must be two breaks of at least 15 minutes each, totaling 45 minutes.

Examples of the new rule:

• First break 20 minutes, second break 25 minutes - total 45 minutes.
• First break 30 minutes, second break 15 minutes - total 45 minutes.
• First break 40 minutes, second break 15 minutes (the second must be at least 15 minutes).

Breaks shorter than 15 minutes do not count towards the total.

An example of one possible way to take breaks: Both breaks lasted at least 15 minutes, totaling 45 minutes.

Important: No tachograph will recognize this new rule, not even SMART 2. Therefore, if you do something different from the old rule, the tachograph will display a violation, but in reality, there is no violation.

2. Extension of Workday Duration

Regulation 561/2006 Article 8 adds paragraph 2a:

"A bus driver performing a single occasional transport (with one group) can extend their regular workday by up to one hour within a standard workweek (6x24h), provided that the total driving time on that day does not exceed 7 hours."

"Twice within an extended workweek (at least 8x24h), a bus driver performing single occasional transport can extend their workday by up to one hour, provided that the total driving time on those extended days does not exceed 7 hours."

Extensions of workdays must not result in violations of other working time regulations.

Summary:

• The exception applies only to single occasional transport - one group.
• On the day of the extension, the driving time must not exceed 7 hours.
• One extended workday is allowed within a standard 6x24-hour week.
• Two extended workdays are allowed within an 8x24-hour week under the "12-day rule."

One possible example of extended working day.

Important!

This exception does not apply to workdays with two-driver operations, where the maximum workday is 21 hours (9 hours of rest within 30 hours).

Example: 

Let's assume a bus driver is allowed to take a 9-hour reduced daily rest period. Normally, this rest period must be taken within 24 hours from the end of the previous rest period (Regulation 561/2006 Article 8, point 2). This allows the driver to have a maximum workday of 15 hours (24-9=15). During the day, it turns out that the tourist group is behind schedule because visiting the attractions took longer than planned. It becomes clear that returning to the hotel within 15 hours is no longer possible. However, there was not much actual driving that day, as most of the time the passengers were visiting sites and the bus was stationary. Now, the driver has the completely legal option to extend this workday by one hour without fearing a fine. The important condition is that the total driving time that day does not exceed 7 hours. In this case, everything is in order.

Additional Notes:

• The 9-hour rest period must be completed in full. The exception does not grant the right to extend the workday at the expense of the rest period. The workday can be extended by one hour, but the required rest period must be fully completed.

Note: If the bus driver has already used all the reduced 9-hour rest periods, they are only allowed to take regular daily rest periods. A smart driver knows that there are two options for regular daily rest periods: either 11 hours consecutively or 3 hours during the day and 9 hours at night (3+9). If a 3-hour break during the day is not possible, then the only option is the 11-hour break. In this case, the maximum length of the workday can be 13 hours. The exception for extending the workday also applies here - the workday can be up to 14 hours, but then an 11-hour rest period must follow.

However, if the driver has taken their 3-hour break during the day, then the night rest period must be 9 hours. The maximum length of the workday in this case can be 15 hours, but with the one-hour extension exception, the workday can last up to 16 hours, after which a 9-hour rest period must be taken consecutively.

Important: Again, the driver must be aware that the tachograph will not understand this exception and might register it as a violation. Therefore, the driver needs to be cautious not to rely too heavily on the tachograph to avoid getting "stuck." However, bus drivers are generally smart and well-dressed professionals who can understand and manage these rules effectively.

3. "12-Day Rule" Applicable in Estonia

The "12-day rule," previously applicable only to international occasional transport, can now be used for domestic occasional transport in Estonia.

Regulation 561/2006 Article 8(6a) has been amended:

"As an exception, a driver performing single occasional passenger transport may postpone the weekly rest period for up to 12 consecutive 24-hour periods from the end of the previous regular weekly rest period."

Conditions:

• Before using the exception, there must be a regular weekly rest period of at least 45 hours.

• After using the exception, the bus driver must take at least two regular weekly rest periods (90 hours) or one regular and one reduced weekly rest period (minimum 45+24=69 hours), with the compensation for the reduced rest period completed by the end of the third week following the week when the exception was applied.

• The bus must be equipped with a digital tachograph (this exception cannot be used with an analog tachograph).

• If driving between 00:00 and 06:00, the maximum continuous driving time for a single driver is 3 hours. For two drivers, the continuous driving time can still be up to 4 hours and 30 minutes.

Important: The regulation no longer includes the following point:

"...the service lasts at least 24 consecutive hours in a Member State or third country subject to this Regulation and is not the country where the transport started."

Therefore, the 12-day rule can be used without country-specific restrictions.

4. Justification and Documentation for Controls

This is the most important part.

To verify the exceptions mentioned above during roadside police checks, specific points have been included in the law (Regulation 561/2006 Article 16, point 4), stating the following:

• The bus driver must keep a passenger transport consignment note (green booklet), which the company is responsible for completing and providing to the driver, in the vehicle.
• The consignment note must be kept in the vehicle either in paper form or electronically for at least 28 days, and from 31.12.2024, for at least 56 days.

For domestic transport, similar documentation should be created. Initially, it is recommended to use the international consignment note, noting that it is for domestic transport. However, practices in this regard are still developing, and in the future, authorities might develop a specific domestic occasional transport consignment note.

Digitalization

The European Union has begun working on digitizing passenger transport consignment notes. Additionally, new tachographs are being developed that can specify the type of passenger transport: regular passenger transport or occasional passenger transport. With this capability, the bus driver would no longer need to keep consignment notes for previous trips in the vehicle for inspections. It is currently uncertain whether a SMART 3 tachograph will be available. Hopefully, this can be resolved through software updates.

Conclusion

It is important to note that the changes described in this article apply only in countries where Regulation 561/2006 is in force (European Union and its economic areas). In countries using the AETR, following the new rules might be considered a violation. For example, the United Kingdom now falls under the AETR.

In my opinion, these new rules seem to be minor adjustments with limited impact and applicability. However, different situations may arise, and there may be companies and drivers who see better opportunities for organizing their work under these rules.

Nevertheless, all parties must thoroughly understand the rules and not approach learning them superficially, as often happens. Learning means understanding, not just reading. Without understanding, the information will not sink in. The new rules will certainly introduce some confusion, affecting both the tachograph planning system and the bus driver's mindset. But don't worry, the topic will be covered in detail during Autosert's professional code 95 training courses.

Let's maintain a clear mind and be ready to consciously apply the new rules to our advantage when needed.

For more information, see:

• Regulation 2024/1258, amending Regulation 561/2006
• Regulation 561/2006, drivers' working and rest time rules
• Regulation 1073/2009, access to the international bus service market

Have a smooth journey!