Legal provisions of COM(2023)256 - Amendment of Regulation (EC) No 561/2006 as regards minimum requirements on minimum breaks and daily and weekly rest periods in the occasional passenger transport sector

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dossier COM(2023)256 - Amendment of Regulation (EC) No 561/2006 as regards minimum requirements on minimum breaks and daily and weekly rest periods ...
document COM(2023)256
date April 24, 2024


Article 1

Regulation (EC) No 561/2006 is amended as follows:

(1) Article 4 is amended as follows:

(a) point (n) is replaced by the following:

‘(n) ‘regular passenger services’ means national and international services as defined in Article 2, points 2 and 3, of Regulation (EC) No 1073/2009 of the European Parliament and of the Council*;

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* Regulation (EC) No 1073/2009 of the European Parliament and the Council of 21 October 2009 on common rules for access to the international market for coach and bus services and amending Regulation (EC) N° 561/2006 (OJ L 300, 14.11.2009, p. 88).’;

(b) the following point (na) is inserted:

‘(na) ‘occasional passenger services’ means national and international occasional services as defined in Article 2, point 4, of Regulation (EC) No 1073/2009;’;

(2) in Article 7, the following fourth paragraph is added:

‘For a driver engaged in an occasional passenger service the break referred to in the first paragraph may also be replaced by three breaks of at least 15 minutes each, distributed over the driving period referred to in the first paragraph, in such a way as to comply with the first paragraph.’;

(3) Article 8 is amended as follows:

(a) the following paragraph 2a is inserted:

‘2a. Provided that road safety is not thereby jeopardised, a driver engaged in an occasional passenger service with a duration of at least 8 days may derogate from paragraph 2, first subparagraph, in the following ways:

(a) postponing the daily rest period by at most 1 hour, provided that the total accumulated driving time for that day has not exceeded 7 hours;

(b) postponing the daily rest period by at most 2 hours, provided that the total accumulated driving time for that day has not exceeded 5 hours.

Each of the derogations referred to in the first subparagraph, points (a) and (b), may be used only once during the journey referred to in the first subparagraph.

The driver shall indicate the reason for such derogation, manually on the record sheet of the recording equipment, on a printout from the recording equipment or in the duty roster, at the latest on arrival at the destination or at the suitable stopping place.’;

(b) in paragraph 6a, the introductory phrase and point (a) are replaced by the following:

‘By way of derogation from paragraph 6, a driver engaged in a single occasional passenger service may postpone the weekly rest period for up to 12 consecutive 24-hour periods following a previous regular weekly rest period, provided that:

(a) the service lasts at least 24 consecutive hours;’.


Article 2

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.