One or two hours overrun – how can this be done?

1 December 2020

It has already been possible to exceed working time in certain situations before, but only since August this year have the rules for exceeding driving time by up to two hours been simplified. When can this be done and what should be kept in mind then?

Truck, transportation, Freight cargo transport, Shipping

The Mobility Package has introduced many changes to transport, some of which have been in force for several months now. However, not all its provisions are transparent. Many uncertainties are introduced in the area of drivers’ working and rest times in particular, especially the part about exceeding the permitted driving time. We are clarifying what is at stake.

There are two important points to begin with:

  1. an extension of one or two hours’ driving time is a derogation from the rules and can only be applied in exceptional cases. Before a driver decides to take a given step, it is important to remember the reasonable justification for such a decision.
  2. An extension may be made when a driver goes to his base or home and has previously taken a 30 or 45-minute break (a two-hour extension).

It should be remembered that any period of extension of driving time must be compensated by an equivalent period of rest, taken once before the end of the third week following the week in which the extension was made.

When can driving time be extended by 1 hour?

Daily and weekly driving time may be extended by one hour only if the driver returns to his base or residence to take a weekly rest. This time can be compensated by extending the daily or weekly rest. A printout shall be made at the latest on arrival at the final destination or suitable stopping place and shall be described by adding Article 12/561/2006 EC.

In conclusion:

  1. No more than 4.5 hours of continuous driving shall be allowed.
  2. This derogation shall not apply in the case of double stocking.
  3. This one hour must be collected within 3 weeks.

When can 2 hours of driving be exceeded?

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The option of extending the driving time by two hours can only be used if the driver has taken a 30-minute break beforehand. There is no need to take a 45-minute break. In this case, you must also give reasons for your decision by taking a printout and describing it in Article 12/561/2006 EC at the latest upon arrival at your destination. These hours must be collected in the same way as if the journey had been exceeded by 1 hour – within 3 weeks.

>>> How to apply Articles 12/561/2006.

You can find out more about the latest developments in the Mobility Package in the Truck Driver’s Guide.