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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   EUROPEAN COMMISSION  Brussels, 24.5.2023  COM(2023) 256 final 2023/0155 (COD)  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 {SEC(2023) 197 final} - {SWD(2023) 137 final} - {SWD(2023) 138 final}  
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

This  proposal  concerns  a  revision  of  Regulation  (EC)  No  561/2006  of  the  European 
Parliament  and  of  the  Council1 .  That  Regulation  sets  maximum  daily  and  weekly  driving 
times, minimum break periods, and minimum daily and weekly rest periods for drivers in the 
commercial transport sector. 

Regulation (EC) No 561/2006 covers two types of drivers. The first type is drivers engaged in 
the  carriage  by  road  of  goods  by  vehicles  whose  maximum  permissible  mass  exceeds  3.5 
tonnes  (as  of  1 July 2026,  Regulation  (EC)  No  561/2006  will  also  apply  to  vehicles  whose 
maximum  permissible  mass  exceeds  2.5  tonnes,  when  engaged  in  international  transport 
operations or in  cabotage operations). The second type is  drivers engaged in  the carriage of 
passengers by vehicles which are constructed or permanently adapted for carrying more than 
nine people, including the driver.  

Regulation (EC) No 561/2006 applies to road-transport operators and their drivers: (i) regardless 
of whether they are involved in the carriage of passengers or goods; or (ii) regardless of whether, 
when carrying passengers, the transport is regular or occasional. However, the occasional-passenger 
transport sector has different characteristics compared with freight transport and regular-passenger 
transport. Those different characteristics mean that the occasional-passenger transport sector has a 
different impact on the working conditions of drivers, and therefore requires an adaptation of the 
rules on driving times, minimum breaks and rest periods applicable to them.  

Occasional-passenger transport is especially characterised by high seasonality (peaks in demand for 
passenger trips in certain seasons of the year, in particular during winter and summer holidays). It is 
also characterised by different driving distances depending on the touristic activities undertaken by 
passengers,  such  as  visits.  That  means  that  it  is  characterised  by  longer  distances  driven  at  the 
beginning and the end of the tour and by a shorter duration of driving time at the place where the 
touristic  activities  take  place.  The  sector  needs  to  accommodate  unplanned  and  impromptu 
reasonable  passenger  requests  in  terms  of  additional  stops,  changes  of  routes,  or  changes  of 
schedule. There  is  generally less  driving time than in freight transport  or in  regular  bus services. 
Drivers  also  usually  sleep  in  hotels,  and  seldom  drive  at  night.  At  the  same  time,  drivers  might 
during the working time be subject to some additional activities, often resulting from interactions 
with passengers, for instance giving advice.  

The occasional-passenger transport sector has been disputing the adequacy of the current rules 
for  many  years.  The  adequacy  of  the  current  rules  was  also  subject  to  the  2017  ex  post 
evaluation  of  EU  social  legislation  in  road  transport2  as  part  of  the  regulatory  fitness 
programme (REFIT).  

1 
Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the 
harmonisation of certain  social legislation relating to road transport and amending Council Regulations (EEC) 
No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85 (OJ L 102, 11.4.2006, p. 
1). 
2 

https://eur-lex.europa.eu/legal-

available 

at: 

SWD(2017)184 
content/EN/TXT/?uri=CELEX:52017SC0184. 

final, 

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However, when preparing the legislative proposal following the evaluation, the Commission 
chose to first address the most acute problems of drivers engaged in freight transport, such as long 
periods  away  from  home  and  inadequate  working  and  resting  conditions.  The  proposal  for  a 
revision of Regulation (EC) No 561/2006, adopted by the Commission as part of the Mobility 
Package  I  on  31 May 20173,  did  not  therefore  address  the  particular  issues  faced  by  drivers 
working in occasional-passenger transport by bus and coach. However, the co-legislators did 
discuss this issue, and when adopting Regulation (EU) 2020/1054 of the European Parliament 
and of the Council4, it was decided to insert Article 8(10) in Regulation (EC) No 561/2006. That 
Article  required the Commission to assess whether more appropriate rules for drivers engaged in 
occasional services of carriage of passengers, as defined in point 4 of Article 2 of Regulation (EC) 
No 1073/20095, could be adopted.  

The  impact  assessment  carried  out  for  this  initiative6  confirmed  that  the  current  rules  are 
inappropriate  to  a  certain  extent  for  the  occasional-passenger  transport  sector.  Rest  periods 
and breaks are often required when drivers do not need them, making them unable to organise 
and carry out trips as desired by customers, or during busy seasonal periods. That can affect 
drivers’  incomes,  especially  the  incomes  of  self-employed  drivers.  The  current  rules  also 
negatively  affect  the  working  conditions  of  drivers,  since  they  are  unable  to  take  breaks  at 
convenient  times  and  are  unable  to  minimise  nights  spent  away  from  home.  That  in  turn 
affects drivers’ stress and fatigue levels, reducing the attractiveness of the driving profession 
and putting road safety at risk. 

Furthermore,  there  is  currently  an  uneven  playing  field  between  providers  of  occasional 
international and domestic (national) passenger transport services. That is because occasional 
services taking place within one Member State only cannot apply the twelve-day derogation 
(i.e. the postponement of the weekly rest period for up to 12 consecutive periods of 24 hours 
following  a  previous  regular  weekly  rest  period)  laid  down  in  Article  8(6)(a)  of  Regulation 
(EC) No 561/2006, as laid down for international services. For example, a long-distance tour 
within  Germany  is  not  eligible  for  the  twelve-day  derogation,  whereas  a  tour  between 
Belgium  and  Luxembourg  is  eligible  for  that  derogation,  even  though  there  may  be  no 
difference between those two operations in terms of distance and duration. 

For that reason, this proposal aims to: (i) ensure a more flexible distribution of breaks and rest 
periods;  and  (ii)  lay  down  equal  treatment  between  international  and  domestic  occasional-
passenger transport operations. It does not introduce any changes to the minimum duration of 
breaks or rest periods or to maximum driving times.  It therefore seeks to guarantee efficient 
and  high-quality  occasional-passenger  transport  services  and  improve  working  and  driving 
conditions for drivers, in particular to minimise their stress and fatigue. 

3 
COM(2017) 277 final. 
4 
Regulation (EU) 2020/1054 of the European Parliament and of the Council of 15 July 2020 amending 
Regulation (EC) No 561/2006 as regards minimum requirements on maximum daily and weekly driving times, 
minimum breaks and daily and weekly rest periods and Regulation (EU) No 165/2014 as regards positioning by 
means of tachographs (OJ L 249, 31.7.2020, p. 1). 
5 
Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on 
common rules for access to the international market for coach and bus services, and amending Regulation (EC) 
No 561/2006 (recast) (OJ L 300, 14.11.2009, p. 88). 
6 

SWD(2023)137 final. 

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• 

Consistency with existing policy provisions in the policy area 

The  present  proposal  for  a  revision  of  Regulation  (EC)  No  561/2006  is  consistent  with  the 
Union’s road-transport policy, and in particular with the relevant rules forming the framework 
of the Union’s internal market for road transport. In particular, it is consistent with Regulation 
(EU)  No  165/2014  on  tachographs  in  road  transport7;  Directive  2002/15/EC  on  the 
organisation of the working time of persons performing mobile road-transport activities8; and 
with  Directive  2006/22/EC  on  minimum  conditions  for  the  implementation  of  social 
legislation relating to road-transport activities9. It is also consistent with Regulation (EC) No 
1073/2009 on common rules for access to the international market for coach and bus services.  

• 

Consistency with other EU policies 

The  proposal  for  a  revision  of  Regulation  (EC)  No  561/2006  is  fully  consistent  with  the 
strategy on sustainable and smart mobility10.That strategy calls for helping the transport sector and 
related sectors in the value chain – such as travel and tourism operators – to bounce back better from 
the  COVID-19  pandemic  and  become  more  resilient  while  fostering  a  more  attractive  working 
environment for transport workers. Moreover, the initiative is consistent with other EU policies, 
notably measures to ensure road safety.  

More broadly, the proposal contributes to one of the Sustainable Development Goals (SDGs) 
that  the  EU  is  committed  to  implementing  as  part  of  the  2030  Agenda,  namely  SDG  8  on 
promoting economic growth, productive employment and decent work11.  

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

This proposal amends Regulation (EC) No 561/2006 and is therefore based on the same legal 
basis, namely Article 91(1) of the Treaty on the Functioning of the European Union (TFEU). 

• 

Subsidiarity (for non-exclusive competence)  

Under  Article  4(2)(g)  TFEU,  the  Union  shares  powers  with  Member  States  to  regulate 
transport. However, existing rules can only be amended by the Union legislator.  

7 
Regulation (EU) No 165/2014 of the  European Parliament and of the  Council of 4 February 2014 on 
tachographs in road transport, repealing Council Regulation (EEC) No 3821/85 on recording equipment in road 
transport  and  amending  Regulation  (EC)  No  561/2006  of  the  European  Parliament  and  of  the  Council  on  the 
harmonisation of certain social legislation relating to road transport (OJ L 60, 28.2.2014, p. 1). 
8 
Directive  2002/15/EC  of  the  European  Parliament  and  of  the  Council  of  11  March  2002  on  the 
organisation of the working time of persons performing mobile road transport activities (OJ L 80, 23.3.2002, p. 
35). 
9 
Directive 2006/22/EC of the European Parliament and of the Council of 15 March 2006 on minimum 
conditions for the implementation of Council Regulations (EEC) No 3820/85 and (EEC) No 3821/85 concerning 
social  legislation  relating  to  road  transport  activities  and  repealing  Council  Directive  88/599/EEC  (OJ  L  102, 
11.4.2006, p. 35). 
10 
transport on track for the future, adopted on 9 December 2020 (COM/2020/789 final).  
11 
action for sustainability, adopted on 22 November 2016 (COM(2016) 739 final). 

Communication  from  the  Commission,  Sustainable  and  Smart  Mobility  Strategy  –  putting  European 

Communication from the Commission on the  Next steps for a sustainable European future: European 

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In  the  absence  of  action  at  Union  level,  the  problems  identified  would  most  likely  persist.  Such 
problems cannot be addressed by Member States individually, given their cross-border nature and 
the fact  that  the  rules to  be  amended on breaks and  minimum daily  and  weekly  rest  periods  are 
currently laid down in Union legislation. Action at Union level is therefore justified.  

• 

Proportionality 

The proposal does not go beyond what is necessary to address the identified problems of: (i) 
inadequate working conditions for drivers engaged in occasional-passenger transport services 
by  road;  and  (ii)  an  uneven  playing  field  between  transport  services  by  road  for  occasional-
domestic passengers and transport services by road for occasional-international passengers.  

As  indicated  in  Section  8.1  of  the  impact  assessment,  the  proposal  implements  the  policy 
option  considered  as  the  most  suitable  and  proportionate  solution.  It  provides  a  balance 
between improving working and resting conditions for drivers while enabling the operators to 
organise  transport  operations  as  efficiently  as  possible,  and  enforcing  the  existing  rules 
effectively and consistently across borders. 

• 

Choice of the instrument 

As  the  proposal  amends  a  regulation  in  force,  the  instrument  chosen  is  also  a  regulation. 
Given the limited number of changes proposed, it is not necessary or appropriate to recast the 
Regulation. 

3. 

• 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EVALUATIONS, 

POST 

EX 

OF 

STAKEHOLDER 

Ex post evaluations/fitness checks of existing legislation 

Regulation  (EC)  No  561/2006  was  subject  to  an  ex  post  evaluation  finalised  on 
31 May 201712, and carried out as part of the regulatory fitness programme (REFIT). 

The  ex  post  evaluation  essentially  concluded  that  some  of  the  rules  on  the  organisation  of 
driving times, breaks,  and rest  periods may not  be fit  for the occasional-passenger transport 
sector because of its specific service particularities and needs.  

• 

Stakeholder consultations 

This  proposal  follows  a  comprehensive  stakeholder  consultation  that  took  place  over  the 
course of 2021 and 2022.  

The  Commission  carried  out  a  public  consultation  between  21 January  2021  and 
18 February 2021 on the inception impact assessment13. A total of 87 answers were received 
from  public  authorities,  industry  stakeholders,  trade  unions,  drivers  and  members  of  the 
public.  In  general,  the  feedback  drew  attention  to  a  problem  with  the  existing  rules  on 
occasional-passenger transport services by road. Subsequently, an open public consultation of 
12  weeks  ran  from  23 November 2021  to  18 February 2022,  in  which  a  total  of  170 

12 
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EU-rules-on-driving-and-rest-times_en. 

SWD(2017)184 final.  
https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/12488-Bus-and-coach-drivers-

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contributions were received. Valuable information was collected from that consultation on the 
challenges facing the sector and its actors, and on the preference of respondents for specific 
policy measures. In the course of the supporting study carried out by an external contractor, a 
targeted consultation with stakeholders was conducted to obtain specific and detailed insights 
into:  (i)  how  the  occasional  transport  of  passengers  by  road  operates;  (ii)  the  problems 
associated  with  the  existing  legislation;  and  (iii)  stakeholders’  opinions  on  possible  policy 
measures. Finally, three case studies were carried out by an external contractor, focusing on 
small,  medium-sized  and  large  operators  in  different  Member  States.  Across  the  different 
consultation  activities,  input  was  especially  sought  from  the  following  types  of  stakeholders: 
business  associations;  bus  and  coach  operators;  trade  unions;  individual  drivers;  and  public 
authorities. 

The  comprehensive  consultation  revealed  that  views  on  the  current  rules  and  potential 
changes to those rules differ greatly – both between employers and employees, and between 
small companies and large companies. For the most part, trade unions and most (employed) 
drivers were opposed to  introducing new  flexibilities to  the organisation  of the work and to 
the rest periods for bus and coach drivers. That was because they felt that such changes would 
lead  to  a  deterioration  in  working  conditions.  Nonetheless,  drivers  showed  willingness  to 
support  some  changes  in  the  rules,  for  instance  on:  (i)  an  extension  of  the  twelve-day 
derogation  to  domestic  occasional  trips;  and  (ii)  albeit  to  a  lesser  extent,  adjustments  to  the 
rules  on  break  times  and  splitting  mandatory  breaks.  The  most  vocal  opposition  concerned 
changes  to  the  distribution  of  daily  and  weekly  rest-time  periods.  In  contrast,  most  bus  and 
coach  operators  and  their  representatives  favour  extensive  changes  to  the  rules  on  the 
distribution  of  breaks  and  on  daily  and  weekly  rest  periods,  in  order  to  address  the 
specificities of the sector and accommodate better the needs of passengers. The proposal takes 
into account the diverging inputs received and aims to strike a balance between the problems 
identified and the legitimate interests of the consulted stakeholders.  

• 

Collection and use of expertise 

An external contractor assisted the Commission by producing a study14 to support the impact 
assessment  underpinning  the  present  proposal.  The  study  provided  valuable  insights  to  the 
Commission,  notably  on  designing  the  policy  options;  assessing  their  environmental, 
economic and social impacts; and collecting the views of the directly impacted stakeholders.  

• 

Impact assessment 

This proposal is supported by an impact assessment, which received a positive opinion with 
reservations from the Regulatory Scrutiny Board on 16 December 202215. All of the Board’s 
main comments were addressed in the revised version of the impact assessment report16. 

The  impact  assessment  considered  three  policy  options,  each  of  which  comprised  a  set  of 
policy measures. The policy options diverged in terms of: (i) flexibility granted to breaks; (ii) 
the eligibility criteria for postponing daily rest periods; and (iii) the need for adaptable weekly 
rest periods. All of these policy options, meant to apply only to occasional-passenger transport 
operations by road, are legislative in  nature. The options include:  (i) a limited adaptation  to 
occasional-passenger  transport  operations  by  road  in  policy  option  A;  (ii)  more  flexible 

14 
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16 

https://op.europa.eu/s/yEMl 
SEC(2023)197 final.  
SWD(2023)137 final. 

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schemes and arrangements for breaks and for daily and weekly rest periods in option C; and 
(iii) a semi-flexible approach in option B.  

More  specifically,  the  first  policy  option  (‘PO  A’)  would  allow  drivers  to  split  their  breaks 
into periods of 30 and 15 minutes or into periods of 15 minutes each. It would also allow the 
postponement of 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  a  postponement  by  2  hours  when  the  total  daily 
driving  period  does  not  exceed  5  hours.  These  derogations  would  only  be  possible  once 
during a trip of 8 days or more. In addition, PO A would also align the rules for occasional-
passenger transport services that take place solely  within a single country  with  the rules for 
international  services,  by  allowing  the  postponement  of  the  weekly  rest  period  for  up  to  12 
consecutive  24-hour  periods  following  a  previous  regular  weekly  rest  period  (the  so-called 
twelve-day derogation). 

The second policy option (‘PO B’) would  allow drivers to split their breaks in a completely 
flexible manner. It would also allow 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. 
Those derogations would only be possible twice during a trip of 8 days or more.  Moreover, 
PO B would make it possible for drivers involved in occasional-passenger transport services 
by  road  lasting  at  least  8  days  to  distribute  their  weekly  rest  periods  over  10  consecutive 
weeks. 

The third policy option (‘PO C’) would also allow drivers to split their breaks in a completely 
flexible manner. It would also allow 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. 
Those derogations would be unlimited as regards the number of times they could be applied 
during  a  trip  of  8  days  or  more.  Moreover,  PO  C  would  also  allow  domestic  services  for 
occasional-passenger transport to use the twelve-day derogation, but PO C would also remove 
the ‘single occasional service’ condition17 and the obligation to take two regular weekly rest 
periods after using the twelve-day derogation. 

The  preferred  option  is  PO  A,  since  it  is  considered  as  the  most  effective  and  the  most 
consistent  policy  option  with  the  objective  of  Regulation  (EC)  No  561/2006  of  improving 
working conditions. This is despite its lower benefit-to-cost ratio compared with PO C and PO 
B.  However,  in  terms  of  striking  a  balance  between  measures  providing  more  flexibility  in 
organising breaks and rest periods on the one hand, and maintaining drivers’ working conditions on 
the other hand, PO A is considered more proportionate than PO B and PO C. 

The preferred option does not  affect  the total  minimum  breaks, maximum  daily  and weekly 
driving times, or minimum daily and weekly rest periods. The proposed measures under the 
preferred  option  only  provide  for:  (i)  flexibility  in  the  distribution  of  breaks  and  daily  rest 
periods;  and  (ii)  the  applicability  of  the  twelve-day  derogation  to  domestic  occasional-
passenger transport services.  

17 
A single occasional service in the context of Article 8(6a) of Regulation (EC) No 561/2006 means that 
drivers may perform only one  tour  within 12 days to be  allowed to postpone their  weekly rest period until the 
end of the twelfth day. 

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All three policy options lead to net benefits relative to the baseline. Net benefits are estimated to 
be the highest in PO C (between EUR 171.3 million and EUR 242.2 million), followed by PO B 
(between EUR 100.4 million and EUR 206.8 million) and PO A (between EUR 100.4 million and 
EUR 135.8 million). Adjustment cost savings for bus and coach operators in PO A are estimated at 
between EUR 106.4 million and EUR 141.9 million, expressed as present value over the 2025-2050 
period  relative  to  the  baseline.  PO  B  would  result  in  adjustment  cost  savings  of  between 
EUR 106.4 million and EUR 212.8 million, and PO C would result in adjustment cost savings of 
between  EUR 177.3  million  and  EUR  248.3  million.  Cost  savings  are  expected  to  reach  their 
maximum effect in the first 2 years of implementation of the new rules and then to gradually 
decrease over time, with savings expected to be zero in the long-term (by 2050) relative to the 
baseline.  

It was not possible to quantify the social impacts of the preferred option, notably due to the 
small  size of the occasional-passenger  transport-services sector and the scarcity of available 
data  on  this  sector.  Therefore,  only  a  qualitative  assessment  was  possible  for  the  impact  on 
working  conditions.  Environmental  impacts  were  also  assessed  to  be  slightly  positive  but 
could  not  be  quantified.  For  that  reason,  the  calculated  benefit-to-cost  ratio  does  not  reflect 
the impact on working conditions or on the environment, and the quantitative and qualitative 
assessments must be combined to make it possible to reach a fully informed view. 

• 

Regulatory fitness and simplification 

The proposal for a revision of Regulation (EC) No 561/2006, by adapting the current rules to 
the  specificities  of  the  occasional-passenger  transport  sector,  will make it easier for operators 
and drivers to organise efficient and high-quality services. That will have a positive impact on their 
business  performance,  including  through  cost  savings  and  an  improved  service  offering.  The  net 
cost  savings  for  businesses  under  the  proposal  are  estimated  at  between  EUR  105.8  million  and 
EUR 141.3 million,  expressed  as  present  value  over  2025-2050  relative  to  the  baseline.  SMEs, 
which  tend  to  operate  with  a  limited  pool  of  drivers  and  buses,  will  benefit  the  most  from  the 
proposed measures. Public administrations may incur some limited costs in getting familiar with the 
new  rules,  estimated  at  EUR  5.4  million,  expressed  as  present  value  over  the  2025-2050  period 
relative  to  the  baseline.  At  the  same  time,  positive  impacts  are  expected  by  resolving  current 
compliance difficulties, although these benefits could not be quantified. 

• 

Fundamental rights 

This proposal contributes to the objectives of the Charter of Fundamental Rights of the European 
Union18, and  in  particular of its  Article  31,  which  provides  for the  right to  fair  and just working 
conditions.  That  is  because  the  proposal  is  expected  to  improve  the  working  conditions  of 
occasional bus and coach drivers, by allowing for limited but necessary flexibility in certain 
rules concerning breaks and daily and weekly rest periods. 

4. 

BUDGETARY IMPLICATIONS 

The proposal will have no implications for the Union budget.  

18 

OJ C 326, 26.10.2012, p. 2. 

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5. 

• 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

The application and effectiveness of this initiative will  be  monitored  through  a  combination  of 
national  implementation  reports  and  analysing  data  from  the  EU  enforcement  organisations 
and EU database sources. In particular, developments in the number, types and frequency of 
infringements against the newly amended social rules will be monitored and evaluated through 
implementation  reports  based  on  Article  17  of  Regulation  (EC)  No  561/2006.  This  Article 
requires Member States to communicate the necessary information every 2 years to enable the 
Commission to draw up a report every 2 years on both the application of the Regulation and 
developments  in  the  field  in  question.  In  addition,  both economic impacts and the impacts on 
working  conditions  and  drivers’  well-being  will  be  monitored  and  evaluated  by  Eurostat  and/or 
dedicated surveys. 

• 

Detailed explanation of the specific provisions of the proposal 

The proposal introduces a limited number of amendments to Regulation (EC) No 561/2006 as 
follows: 

– 

– 

– 

– 

– 

in  Article  4,  point  (n)  is  amended  to  update  the  reference  to  Regulation  (EC)  No 
1073/2009  of the European Parliament and of the Council, which repealed  Council 
Regulation (EEC) No 684/9219;  

in  Article  4,  a  new  point  (n)(a)  is  inserted  to  introduce  the  necessary  definition  of 
occasional-passenger services, as provided by Regulation (EC) No 1073/2009, and in 
order to clarify that that definition covers both national and international services;  

in  Article  7,  a  new  paragraph  is  added  to  allow  drivers  engaged  in  occasional-
passenger transport services to split their obligatory break into three separate breaks 
of at least 15 minutes each, in addition to the existing possibility of splitting a break 
into two separate breaks of 15 and 30 minutes;  

in  Article  8(2),  a  new  paragraph  is  added  to  allow  drivers  engaged  in  a  single 
occasional-passenger service lasting 8 days or more 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 start  of the daily rest period by 2 hours,  when the total 
daily  driving  period  for  that  day  does  not  exceed  5  hours.  The  new  paragraph  also 
clarifies the conditions to be met for such derogations to apply; 

in Article 8(6)(a), the introductory phrase, as well as point (a), are amended to extend 
the possibility of postponing the weekly rest period for up to 12 consecutive 24-hour 
periods,  following  a  previous  regular  weekly  rest  period,  to  national  occasional 
passenger services.  

19 
of passengers by coach and bus (OJ L 74, 20.3.1992, p. 1). 

Council Regulation (EEC) No 684/92 of 16 March 1992 on common rules for the international carriage 

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2023/0155 (COD) 

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 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 91(1) thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national parliaments, 
Having regard to the opinion of the European Economic and Social Committee20,  
Having regard to the opinion of the Committee of the Regions21, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

20 
21 
22 

Good  working  conditions  for  drivers  and  fair  business  conditions  for  road  transport 
undertakings  are  of  paramount  importance  to  create  an  efficient,  safe  and  socially 
accountable  road  transport  sector,  ensure  non-discrimination  and  attract  qualified 
workers.  It  is  therefore  essential  that  Union  social  rules  on  road  transport  are  clear, 
proportionate, fit for purpose, easy to apply, and easy to enforce and implemented in 
an effective and consistent manner throughout the Union. 

The rules on maximum daily and weekly driving times, minimum breaks and daily and 
weekly  rest  periods  laid  down  by  Regulation  (EC)  No  561/2006  of  the  European 
Parliament  of  the  Council22  apply  to  road  transport  operators  and  their  drivers, 
regardless  of  whether  they  are  involved  in  the  carriage  of  passengers  or  goods  or  of 
whether, as regards the carriage of passengers, the transport is regular or occasional.  

However,  the  specificities  of  the  occasional  road  passenger  transport  sector  are  not 
shared  by  the  road  freight  transport  or  the  regular  road  passenger  transport  sector. 
Occasional road passenger transport is  characterised by  high seasonality and different 
lengths  of  time  spent  driving  which  depend  on  the  touristic  activities  undertaken  by 
passengers.  It  needs  to  accommodate  unscheduled  and  impromptu  requests  from 
passengers  in  terms  of  additional  stops  and  changes  of  the  route  or  the  schedule, 
wherever feasible. Occasional road passenger transport generally involves less driving 
time  when  compared  to  freight  transport  or  regular  bus  services.  In  addition  drivers 

OJ C , , p. . 
OJ C , , p. . 
Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the 
harmonisation of certain social legislation relating to road transport and amending Council Regulations 
(EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85 (OJ L 
102, 11.4.2006, p. 1). 

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(4) 

usually sleep in hotels, and seldom drive at night. On the other hand, drivers during the 
working  time  may  be  subject  to  some  additional  activities,  often  resulting  from 
interactions with passengers.  

The  ex  post  evaluation  of Regulation  (EC) No  561/2006  concluded that  some of the 
uniform rules related to minimum breaks and rest periods do not fit the specificities of 
occasional  road  passenger  transport  services.  Further  assessments  undertaken  by  the 
Commission in that respect have shown that some of the requirements of Regulation 
(EC)  No  561/2006  on  breaks  and  daily  and  weekly  rest  periods  are  unsuitable  and 
impractical  for  drivers  and  operators  engaged  in  the  occasional  road  carriage  of 
passengers,  as  they  have  a  negative  impact  on  the  ability  to  organise  efficient  and 
high-quality occasional passenger services, on the working conditions of drivers, and 
consequently on road safety.  

(5) 

Therefore,  it  is  appropriate  to  adapt  the  requirements  on  minimum  breaks  and  rest 
periods  to  fit,  as  well,  the  specific  requirements  of  the  occasional  road  passenger 
transport  services.  It  is  also  appropriate  to  align  applicable  rules  for  national  and 
international occasional-passenger transport services by road.  

(6)  More flexible rules in the scheduling of the breaks and rest periods of drivers engaged 
in occasional road passenger transport services should in no way jeopardise the safety 
of drivers, road safety, increase the level of fatigue of drivers or lead to a deterioration 
in working conditions. Such flexibility should therefore not alter the current  rules on 
the total minimum breaks, on maximum driving periods per day and per week and on 
the maximum fortnightly driving time.  

(7) 

To  ensure  the  uniform  definition  of  occasional  passenger  services,  it  is  necessary  to 
clarify  that  the  definition  set  out  in  Regulation  (EC)  No  1073/2009  of  the  European 
Parliament  and  of  the  Council23  covers  both  national  and  international  services.  It  is 
also  appropriate  to  update  the  reference  to  Regulation  (EC)  No  1073/2009,  which 
repealed Council Regulation (EEC) No 684/9224.  

(8)  More  flexibility  in  the  scheduling  of  breaks  for  drivers  engaged  in  occasional  road 
passenger transport services should not prevent those drivers from taking breaks of the 
minimum  duration  necessary  to  enable  them  to  rest  properly.  Therefore,  it  is 
appropriate to  set  a  minimum  duration  for each  break.  Therefore, drivers  engaged in 
occasional road passenger transport services should be allowed to split their obligatory 
break  into  three  separate  breaks  of  at  least  15  minutes  each,  in  addition  to  the  other 
possibility of splitting a break.  

(9) 

To ensure that greater flexibility in the scheduling of rest periods of drivers engaged in 
occasional  road  passenger  transport  services  is  not  abused,  it  is  essential  to  clearly 
delimit the scope of such flexibility and also to provide for appropriate checks. Drivers 
should therefore be able to postpone the start of their daily rest periods for a maximum 
period of 1 or 2 hours, in cases where the driving period for that day has not exceeded 
5  or  7  hours  respectively,  and  should  postpone  the  start  only  when  carrying  out 
journeys of 8 days or longer. Such flexibility should be further limited to only one of 
each  derogation  during  the  period  of  the  tour.  It  should  be  also  possible  to  counter 

23 
Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on 
common rules for access to the international market for coach and bus services, and amending Regulation (EC) 
No 561/2006 (recast) (OJ L 300, 14.11.2009, p. 88). 
24 
of passengers by coach and bus (OJ L 74, 20.3.1992, p. 1). 

Council Regulation (EEC) No 684/92 of 16 March 1992 on common rules for the international carriage 

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check  such  circumstances  with  a  printout  from  the  recording  equipment  or  the  duty 
roster, in addition to the tachograph records.  

(10)  Limiting  the  possibility  to  postpone  the  weekly  rest  period  for  up  to  12  consecutive 
24-hour  periods  exclusively  to  occasional  international  passenger  services  has  a 
negative  impact  in  terms  of  undistorted  and  fair  competition  between  operators, 
especially  small  and  medium  enterprises.  Occasional  national  passenger  services 
might  as  well  provide  their  services  under  the  same  conditions  as  occasional 
international  passenger  services  in  terms  of  the  distance  travelled  or  the  duration  or 
services  rendered  to  passengers.  Occasional  national  passenger  services  should 
therefore also benefit from such possibility.  

(11)  Since the objectives of this Regulation, namely to  ensure fair competition and improve 
working conditions and road safety through the harmonisation of the rules on breaks and 
rest periods for drivers engaged in occasional road passenger transport services, cannot 
be sufficiently achieved by the Member States, but can rather, by reason of the nature 
of the objectives, be better achieved at Union level, the Union may adopt measures, in 
accordance  with  the  principle  of  subsidiarity  as  set  out  in  Article  5  of  the  Treaty  on 
European Union. In accordance with the principle of proportionality as set out in that 
Article, this Regulation does not go beyond what is necessary in order to achieve those 
objectives. 

(12)  Regulation (EC) No 561/2006 should therefore be amended accordingly, 

HAVE ADOPTED THIS REGULATION: 

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*; 

_______ 

*  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.’; 

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(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. 

Done at Brussels, 

For the European Parliament 
The President 

For the Council 
The President 

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