The ban on taking rest in a truck cabin has been in force in European countries for several months now. For thousands of drivers and transport company owners, the existing regulation is a source of significant problems. Fines ranging from 60 euros for the driver and 180 for the entrepreneur for each hour of rest in the truck, up to 1500 euros for the entire 45-hour rest period, are a serious burden on the budget. Is there anything that could slightly calm the panic among Polish drivers passing through European countries with cargo?
Mariusz Hendzel, expert at the ITD – PIP transport law firm: Traffic jams, accidents, lack of parking spaces – such problems have a direct impact on a driver’s working time. Regulations strictly define the maximum possible driving time. But what about unforeseen situations?
A dispatcher or driver tries to calculate the route so that everything goes exactly according to plan – without delays, road problems, or other random incidents. However, implementing such an ideal plan is sometimes impossible. In practice, the driver struggles with traffic jams, bad weather, accidents, or queues during unloading. In a word: they wait. Unlike the ticking watch on their wrist and inside the tachograph. And working time, as we know, has its specific standards. That is when Regulation 561/2006 comes to our aid, specifically Article 12. What possibilities does it offer? Well, it allows for certain deviations from the standards and a slight extension of driving or rest time. It states that a driver may depart from the regulations (Art. 6-9) in a situation where, in their judgment, it is necessary to ensure the safety of persons, the cargo, or the vehicle itself. Next, there is an instruction on how to do this: the reasons for the deviation must be indicated on the record sheet, printout (digital tachograph), or work schedule. Importantly, the content of the article also includes information on when this should be done, specifically: no later than upon arrival at a place suitable for stopping.
One certainly cannot use this “lucky twelve” when we consciously and premeditatedly want to extend driving time. Let’s be honest: the application of Article 12 should be incidental and only in justified cases. These can be situations where, due to an incident on the road (traffic jam, accident), we must extend driving time by a dozen or so minutes. However, the reason for the extension itself should not be the argument of reaching the unloading point. The reason must be that we want to ensure safety for both ourselves and the goods – that is: lack of parking space, danger caused by stopping for other road users, adverse road conditions, or breakdowns. These are, of course, only examples, as there are many more reasons to use this “relief”. However, the most important thing is to keep in mind the content of the article itself, which reads “Provided that this does not jeopardize road safety and enables the vehicle to reach a suitable stopping place…”.
Another important piece of information is that we can slightly extend not only the daily but also the weekly and two-weekly driving time, breaks taken in the vehicle, and longer and shorter rest periods. To safely reach a stopping place and avoid fines, the event must be properly described. First of all, at the moment the violation occurs, a printout from the tachograph should be made or a description should be written on the record sheet. On the back of the printout or record sheet, you must describe exactly what happened. Remember to include the annotation “Art. 12/561/2006 EC”. Thanks to this, the inspecting officer will have a clear signal that we are referring to a specific provision. Moreover, during inspections in other countries, even if the inspector does not understand the entry in Polish, they will decipher the article under which the deviation was committed. You should also sign and attach documents confirming the event, e.g., if the car was moved at the request of the police, fire brigade, or parking staff, you must ask for a short statement with a stamp. The point is to be credible.
Moderation. This is the key word. It applies to both everyday life and the situation described. You cannot use the benefits of Article 12 every time you are a few dozen minutes short of reaching your destination without a justified reason. During an inspection, such behavior will be detected and will certainly become a reason to limit the credibility of our actions.