IRU clarifications regarding the exemptions granted by the various EU Member States to driving and rest time rules – Regulation (EC) No 561/2006
A number of EU Member States have granted temporary derogations from driving and rest time rules, pursuant to the provisions of Article 14(2) of Regulation (EC) No 561/2006.
The latest official information from the European Commission can be found at its dedicated website at https://ec.europa.eu/transport/modes/road/social_provisions/driving_time_en, under “COVID-19 - Temporary relaxation of drivers' hours rules”.
Following several discussions among experts and with the services of the European Commission, the following clarifications can be made:
· When these exemptions are granted by EU Member States to international transport (in most cases, but not in all), they apply to all drivers of EU-registered companies on the territory of the given EU Member State;
· Enforcement authorities of the various EU Member States have been and will continue to be informed of the various temporary exemptions introduced by the EU Member States, so that they take them into consideration when controlling drivers at the road side;
· The European Commission services have formally sent the list of exemptions to the UNECE Secretariat, with the objective to inform also the competent authorities of the AETR Contracting Parties, which are not EU Members, about these exemptions, so that they could possibly be taken into consideration, when EU drivers are subsequently controlled on the territories of AETR Contracting Parties, which are not EU Members;
· As a rule, these EU Member States’ exemptions given under the EU Regulation (EC) No 561/2006, are not applicable to drivers from companies registered in AETR Contracting Parties, which are not EU Members. One EU Member State (Poland) has formally and explicitly stated that the exemptions granted on the Polish territory do not apply to drivers from AETR Contracting Parties, which are not EU Members. We therefore strongly recommend to drivers from AETR Contracting Parties, which are not Members of the EU, to respect the AETR Agreement rules.
· In exceptional circumstances of the kind drivers are currently meeting on the road and at borders, and according to the provisions of Article 9 of the AETR Agreement, drivers from AETR Contracting Parties, which are not EU Members, “… may depart from the provisions of this Agreement to the extent necessary to ensure the safety of persons, of the vehicle or of its load. The driver shall indicate the nature of and reason for his departure from those provisions on the record sheet of the control device or in his duty roster.”
· The IRU is in almost permanent contact with the services of the European Commission and the representative organisations of enforcers in Europe, to discuss, give and obtain advice on these issues.
