COMMISSION STAFF WORKING DOCUMENT EXECUTIVE SUMMARY OF THE IMPACT ASSESSMENT Rules on breaks and rest periods rules in occasional bus and coach transport Accompanying the document Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 561/2006 as regards minimum requirements on minimum breaks and daily and weekly rest periods in the occasional passenger transport sector
Date: 2023-05-24
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: carriage of passengers, drivers, driving period, inland transport, international road transport, rest period, road safety, working conditions

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  EN 

   EUROPEAN COMMISSION  Brussels, 24.5.2023  SWD(2023) 138 final  COMMISSION STAFF WORKING DOCUMENT  EXECUTIVE SUMMARY OF THE IMPACT ASSESSMENT  Rules on breaks and rest periods rules in occasional bus and coach transport        Accompanying the document Proposal for a Regulation of the European Parliament and of the Council   amending Regulation (EC) No 561/2006 as regards minimum requirements on minimum breaks and daily and weekly rest periods in the occasional passenger transport sector {COM(2023) 256 final} - {SEC(2023) 197 final} - {SWD(2023) 137 final}  
 
 
A. Need for action 

What is the problem and why is it a problem at EU level?  
Regulation  (EC)  No  561/2006 lays  down    maximum  daily  and  weekly  driving  times, minimum  break  durations, 
and  minimum  daily  and  weekly  rest  periods  for  drivers.  Apart  from  certain  exceptions,  the  Regulation  applies 
equally to road-transport operators and their drivers: (i) regardless of whether they are involved in the carriage of 
passengers  or  goods;  and  (ii)  regardless  of  whether,  if  transporting  passengers,  the  transport  is  regular  or 
occasional.  However,  compared  to  freight  transport,  or  even  to  regular  (scheduled)  passenger  transport, 
occasional passenger transport presents specific characteristics (e.g. high seasonality) and needs related to the 
driver’s  work  (e.g.  meeting  the  impromptu  and  unplanned/unexpected  needs  of  passengers  and  their  touristic 
programme). 

The  Regulation  was  the  subject  of  an  ex  post  evaluation1  carried  out  in  2017  as  part  of  the  regulatory  fitness 
programme (REFIT). The ex post evaluation concluded that some of the rules on the organisation of breaks and 
rest periods may not be fit for the occasional-passenger transport sector because of the sector’s distinct service 
needs. The impact assessment has identified two main problems: (i) the inability to organise efficient and high-
quality  occasional  bus  and  coach  services;  and  (ii)  inadequate  working  and  driving  conditions  for  drivers  in 
occasional bus and coach transport. The identified problems exist across the EU.  

What should be achieved?  
The initiative seeks to: (i) ensure efficient and high-quality occasional bus and coach services; and (ii) improve 
working and  driving conditions for drivers, including  by reducing the stress and fatigue of drivers in  occasional 
bus and coach transport. The specific objectives are to: (i) ensure a more flexible distribution of breaks and rest 
periods;  and  (ii)  promote  equal  treatment  between  international  and  domestic  occasional  bus-and-coach 
operations.   

What is the value added of action at the EU level (subsidiarity)?  
In  the  absence  of  amendments  to  Regulation  (EC)  No  561/2006,  the  identified  problems  are  likely  to  persist, 
putting at risk the competitiveness and working conditions of the occasional bus-and-coach transport sector. The 
identified  problems  exist across the entire  EU  and have the same underlying causes. Thus,  EU-level action  is 
needed  to  ensure  good  working  conditions  for  drivers,  improve  road  safety,  and  prevent  distortions  of 
competition on the European market. 

The  2017  ex  post  evaluation  recognised  the  EU-added  value  and  EU-wide  positive  results  that  came  from 
harmonising  the  minimum working  conditions  for  drivers  and  operators  engaged  in  domestic  and  cross-border 
transport activities in the EU. EU-level action would contribute to achieving appropriate rules for the occasional-
passenger-transport-by-road  sector  and  also  contribute  to  reducing  the  shortage  of  drivers.  EU-level  action  is 
expected  to  have  a  positive  impact  on  travel  and  tourism  operators.  It  will  enable  operators  and  drivers  to 
organise  transport  operations  more  efficiently  while:  (i)  ensuring  high  standards  for  the  working  conditions  for 
drivers; and (ii) enforcing the existing rules effectively and consistently across borders.  

B. Solutions 

What are the various options to achieve the objectives? Is there a preferred option or not? If not, 
why?  

Three  policy  options  (PO  A,  PO  B  and  PO  C)  have  been  designed  to  address  the  underlying  causes  of  the 
problems. All policy options address the identified problems, but they vary in terms of: (i) the flexibility granted to 
rules on breaks; (ii) the eligibility criteria for postponing daily rest periods; and (iii) the need to cater for adaptable 
weekly  rest  periods.  All  policy  options  consider  the  relationship  between  breaks/rest  times  and  operational 
efficiency, work conditions and road safety. 

PO  A  provides  for  limited  flexibility  of  breaks,  allowing  drivers  to  split  their  breaks  into  periods  of  30  and  15 
minutes or into 15 minutes. It also allows drivers to postpone the start of their daily rest period by 1 hour when 
the total daily driving period for that day does not exceed 7 hours, or to postpone the daily rest period by 2 hours 
when the total daily driving period does not exceed 5 hours. These derogations are only possible once during a 
trip of 8 days or more. PO A also aligns the rules for occasional bus-and-coach transport services provided in a 

1 SWD(2017)184 final, available at: https://eur-lex.europa.eu/legal-

content/EN/TXT/?uri=CELEX:52017SC0184. 

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single  Member  State  with  international  services  that  cross  two  or  more  Member  States,  by  also  allowing  the 
postponement of the weekly rest period for up to 12 consecutive 24-hour periods for services provided within a 
single  Member  State  (the  so-called  twelve-day  rule).  The  twelve-day  rule  is  currently  only  applicable  to  such 
services provided internationally – i.e. when the service covers two or more Member States.  

PO B allows drivers to split their breaks in a completely flexible manner. It also allows drivers to postpone the 
start of the daily rest period by 1 hour when the total daily driving period for that day does not exceed 7 hours, or 
to postpone the daily rest period by 2 hours when the total daily driving period does not exceed 5 hours. These 
derogations  are  only  possible  twice  during  a  trip  of  8  days  or  more.  PO  B  also  makes  it  possible  for  drivers 
involved in services lasting at least 8 days to distribute their weekly rest periods over 10 consecutive weeks.  

PO C allows drivers to split their breaks in a completely flexible manner. It also allows  drivers to postpone the 
start of their daily rest periods by 1 hour when the total daily driving period for that day does not exceed 7 hours, 
or  to  postpone  the  daily  rest  period  by  2  hours,  when  the  total  daily  driving  period  does  not  exceed  5  hours. 
These derogations are possibly unlimited with respect to the number of times  they may occur during a trip of 8 
days or more. PO C also allows domestic occasional-passenger services to use the twelve-day derogation, and 
removes  the  single-service  condition,  referred  to  in  Article  8(6a)  of  Regulation  (EC)  No  561/2006,  and  the 
obligation to take two regular weekly rest periods after using the twelve-day derogation. 

PO A was selected as the preferred policy option because it is more effective in reaching the policy objectives 
than PO B and PO C. In terms of efficiency, PO C and PO B show higher benefit-to-cost ratios. However, this 
does not reflect the positive impacts of PO A on working conditions, which could not be quantified.  

PO A would address the problems that the current rules cause for working conditions while using compensatory 
action to mitigate the risks. Thus, PO A is expected to have a positive impact on working conditions. PO B and 
PO C would also address these problems, but create new issues that are expected to have negative impacts on 
working conditions. More specifically, the extensions of the duty cycle could be used frequently in PO B and PO 
C,  meaning  that  the  impact  on  working  conditions  would  be  negative.  PO  B  and  PO  C  would  also  entail 
significant changes to the rules on weekly rest periods, leading to negative impacts on working conditions that 
would more than offset any benefit from increased driver autonomy and freedom over their workload.  

In addition, PO A is the most consistent with the objectives of Regulation (EC) No 561/2006 of harmonising the 
conditions  of  competitions  between  modes  of  inland  transport,  notably  equal  treatment  between  international 
and  domestic  occasional  services  and  of  improving  working  conditions.  It  is  also  the  most  consistent  with  the 
objective (albeit to a minor extent) of gender equality. The subsidiarity requirement is fulfilled by all options. All 
options are also considered proportionate.  

What are different stakeholders' views? Who supports which option?  
The  preferred  policy  option  (PO  A)  is  supported  by  road-transport  operators,  business  associations  and  self-
employed  drivers as it  will: (i) allow for more flexible rules to organise more efficient  and high-quality services; 
and  (ii)  ensure  equal  treatment  between  all  operators  of  occasional-passenger  transport  across  the  EU. 
However,  those  stakeholders  would  be  more  in  favour  of  PO  C,  which  would  generate  the  most  economic 
benefits. Trade unions,  employed  drivers and authorities  were  much less positive about  PO C and PO B,  and 
were less opposed to the measures included in PO A. 

C. Impacts of the preferred option 

What are the benefits of the preferred option (if any, otherwise of main ones)? 
The  preferred  policy  option  is  expected  to  result  in  economic  benefits  (in  terms  of  cost  savings  from  greater 
flexibility of rules) and social protection (in terms of improved working conditions for drivers). In particular, this is 
expected  to  have  a  positive  impact  on  the  quality  of  occasional  passenger-transport  services  and  on  equal 
treatment  between  all  operators  of  occasional-passenger  transport  (i.e.  providing  both  international  and 
domestic services). Environmental impacts were assessed to be slightly positive but could not be quantified. 

For  operators  of  occasional  bus-and-coach  transport,  the  preferred  policy  option  is  expected  to  result  in 
adjustment cost savings of between EUR 106.4 million and EUR 141.9 million, expressed as present value over 
2025-2050 relative to the baseline (in 2021 prices), thanks to: (i) more flexible rules on breaks and rest periods; 
and (ii) the extension of the twelve-day rule to operators carrying out domestic occasional passenger services.  

For  drivers,  the  preferred  policy  option  is  expected  to  result  in  improved  working  conditions  and  to  facilitate 
compliance with the rules, thereby leading to reduced driver stress and fatigue, and indirectly to increased road 
safety. 

What are the costs of the preferred option (if any, otherwise of main ones)?  

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The  preferred  policy  option  does  not  change  the  arrangements  on  enforcement  and  reporting  on  compliance 
with the rules.  

The  preferred  policy  option  entails  minor  adjustments  that  require  Member  State  authorities  to  familiarise 
themselves  with  the  changes.  These  one-off  adjustment  costs  for  Member  State  authorities  are  estimated  at 
roughly EUR 5.4 million relative to the baseline in 2025 (in 2021 prices).  

In  addition,  for  occasional  operators  of  bus-and-coach  transport,  the  one-off  adjustment  costs  to  familiarise 
themselves with the new rules are estimated at EUR 0.6 million relative to the baseline in 2025 (in 2021 prices). 
However, considering the adjustment cost savings, the net cost savings for operators of bus and coach services 
are  estimated  at  between  EUR  105.8  million  and  EUR  141.3  million  relative  to  the  baseline,  expressed  as 
present value over 2025-2050. 

What are the impacts on SMEs and competitiveness?  
The impacts on SMEs are expected to be positive. The preferred policy option is expected to result in net cost 
savings  for  operators  of  occasional  bus-and-coach  services  estimated  at  between  EUR  105.8  million  and 
EUR 141.3  million,  expressed  as  present  value  over  2025-2050  relative  to  the  baseline.  Considering  the  large 
share of SMEs in the occasional bus-and-coach transport market, a significant share of these net cost savings is 
expected to be attributed to SMEs, although no data were available to make it possible to identify the SMEs.  

Will there be significant impacts on national budgets and administrations?  
The preferred policy option entails minor adjustments for Member State authorities to familiarise themselves with 
the  changes.  The  one-off  adjustment  costs  for  Member  State  authorities  are  estimated  at  EUR  5.4  million 
relative to the baseline in 2025 (in 2021 prices).  

Will there be other significant impacts?  
Positive  impacts  are  expected  for  the  single  market  and  competition.  In  addition,  high  working  standards  and 
safety levels will be preserved across the EU. 

Proportionality 
The  preferred  policy  option  does  not  go  beyond  what  is  necessary  to  reach  the  overall  policy  objectives.  The 
proposed  flexibility  for  breaks  and  rest  periods  as  well  as  the  alignment  of  the  twelve-day  rule  to  domestic 
services  will  result  in  increased  business  performance  and  service  efficiency  as  well  as  in  improved  working 
conditions  for  drivers.  The  costs  from  the  implementation  of  the  measures  in  the  preferred  option  are  very 
limited, especially when compared to the net cost savings that these can yield. 

D. Follow-up 

When will the policy be reviewed?  
The  Commission  services  will  monitor  the  implementation  and  effectiveness  of  Regulation  (EC)  No  561/2006 
based  on  the  reports  submitted  by  Member  States  as  set  out  in  Article  17  of  the  Regulation.  In  addition,  the 
impacts of the initiative will be monitored drawing on Eurostat and/or dedicated surveys. 

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