Driving and
rest time rules
The Mobility Package 1 included the revision of the EU rules on the driving and rest time of passenger and goods transport drivers. The new rules entered into force on 20 August 2020 and became applicable 20 days after that date (Driving and rest time and tachograph – Regulation (EU) 2020/1054 of the European Parliament and of the Council of 15 July 2020 amending Regulation (EC) No 561/2006 and Regulation (EU) No 165/2014). The new rules cover, inter alia, the maximum time a driver is allowed to spend at the wheel, breaks and rest periods, the place where regular weekly rests can be taken and the return home of the driver. Related to the driving and rest time is the tachograph, which is the technical device that records driving times and rest periods as well as periods of other work carried out by the driver. The new rules comprise provisions regarding a new type of tachograph (smart tachograph version 2).
Clarification of legal provisions
European Commission Q&As on the new MP1 driving and rest time rules
European Commission Q&As on tachographs and registering border crossings manually
Corte how-to's on the enforcement of the return of the driver, the ban on regular weekly rest and the applicable rules for goods transport
Key deadlines regarding the introducion of smart tachograph version 2
Smart tachograph version 2 (for HGVs) - Adoption of Implementing act | Article 11, Regulation (EU) 165/2014 | Published here | Published |
Smart tachograph version 2 (for LCVs, (2.5 – 3.5 tonnes) - Adoption of Implementing act | Article 11, Regulation (EU) 165/2014 | By 21 February 2022 | Still pending |
Smart tachograph version 2 mandatory on all new vehicles | Article 8.1, Regulation (EU) 165/2014 | As of 21 August 2023 | To ensure a smooth introduction of smart tachograph 2 in fleets, the industry expects that it is placed on the market 6-9 months before 20 August 2023. |
Smart tachograph version 2 (SM2) - Retrofit of analogue and digital tachographs for international transports | Article 3, paragraph 4, Regulation (EU) 165/2014 | No later than 31 December 2024 | Industry considers the period extremely demanding. May cause capacity bottleneck at workshops if not properly planned. Higher costs are expected to arise with the retrofit of analogue tachographs. |
Smart tachograph 2 (SM2) - Retrofit of vehicles operating internationally and equipped with version one of the smart tachograph | Article 3, paragraph 4a, Regulation (EU) 165/2014 | No later than 19 August 2025 | |
Smart tachograph 2 (SM2) in LCVs (2.5 – 3.5 tonnes) operating internationally | Article 2(1)(aa), Regulation (EC) No 561/2006 | 1 July 2026 |
Own account LCVs are exempted - Article 3(ha) Smart tachograph 2 (SM2) in LCVs (2.5 – 3.5 tonnes) operating internationally Article 2(1)(aa), Regulation (EC) No 561/2006 1 July 2026 Own account LCVs are exempted - Article 3(ha) |
Smart tachograph version 2 – Obligation for Member States to equip their control authorities with remote early detection equipment for road side checks | Article 9, paragraph 2, Regulation (EU) 165/2014 | By 21 August 2024 | Three years after the Implementing act on smart tachograph version 2 (for HGVs) |
Tachograph
EU Member States have reached a consensus granting a two-month educational grace period (from 1 January 2025 to 28 February 2025) for the enforcement of the smart tachograph retrofitting obligation. This measure aims to help operators and manufacturers address the retrofit backlog and minimise disruptions to cross-border transport operations and EU supply chains.
During this grace period, transport operators that have not yet retrofitted their vehicles should not face sanctions. Instead, inspectors should raise transport operators’ awareness of the retrofitting requirement (meeting minutes are available on the European Commission’s website).
Here are the Member States that have already informed and/or published their decision (others will follow):
- Bulgaria: Regional letter has been sent to all enforcement departments (source: European Commission)
- Croatia: Information from the Croatian Ministry of Transport and Infrastructure's (source: European Commission)
- Denmark: Information published by the Danish Road Traffic Authority (source: European Commission)
- France: Letter to enforcement authorities was sent out and operators have been informed (Source: European Commission)
- Germany: Letter shared by the German Transport Ministry to the transport associations, available in attachment (Source: BMDV)
- Greece: The circular is publicly accessible on the Greek Transparency Program website (Internet Uploading Number - IUN 98ΗΒ465ΧΘΞ-ΞΧΘ; see below attached document with OFAE’s informal translation to English). Road transport operators will also be informed through the Ministry's website (Source: OFAE)
- Italy: Please see attached below the two notices issued by the Ministry of Interior (in Italian). It must be noted that: 1) Concerning the "educational learning period”, the Italian Ministry of Interior issued a notice, following the agreement reached by the Committee on Road Transport, asking officers to abstain from imposing fines on non-compliant hauliers until 28 February. 2) Regarding the 56-day registration period, the Ministry clarified that if the tacho-card cannot store in its memory all the activities carried out over the past 56 days, it is recommended to print the registration at the end of each daily activity, before starting a new 24-hour driving period. The Italian Federation of professional Road Hauliers (FIAP) has published an explanatory note that is available here.(Sources: Confetra and FIAP)
- Luxembourg: Letter has been sent to enforcement authorities (source: EU Commission)
- Netherlands ((latest information received on 30 January): The Dutch Inspectorate page confirms the educational learning period for the smart tachograph.
- Romania: The Ministry of Transport and Infrastructure (MTI) officially clarified his position in the attached letter (source: UNTRR)
- Slovakia : Information published by the Slovak Ministry of Transport (source: European Commission)
- Spain: Press release from the Spanish Ministry of Transport. Please note that learning period will be called “awareness period”(source: ASTIC)
Please note that Switzerland (Der intelligente Fahrtschreiber - Le tachygraphe intelligent - Tachigrafo intelligente) and the UK (source: UK Driver and Vehicle Standards Agency – DVSA) have declared that they will respect this transitional period.
Common understanding & Enforcement rules
A set of European Commission guidance and clarification notes on various aspects of the EU rules on driving and rest time rules are available online in all EU languages on the DG MOVE website.
TRACE 2 project: training material on enforcement of MP1 rules
The TRACE (Transport Regulators Align Control Enforcement) 2 project aims to develop efficient and harmonized implementation of rules and changes introduced by Mobility Package 1.
In collaboration between CORTE, IRU, ETF, SQUARIS Consultants, and with the support of enforcer organizations ROADPOL and ECR, guidance and training material on the enforcement of new Mobility Package 1 rules were developed and are now available on the European Commission’s website here.
Training material
To organize training sessions for operators and drivers across the EU.
- IRU material (for IRU members only)
- Additional TRACE 2 enforcement material (guidance documents, presentations and videos)
TRACE 2 Enforcement Guidance Document on Regulation (EC) No 561/2006 – Driving and Resting Times available here & on Regulation (EU) No 165/2014 – Tachograph available here.