Exceptions to driving times and rest periods
Exceptions - Yleistä
Exceptions applying to all Member States
Exceptions have been enacted to the general rules provided in the European Driving Time and Rest Periods Regulation, including both exceptions that cover all Member States and exceptions that apply to specific Member States. Although the wording of many of the clauses concerning exceptions refers only to vehicles, these provisions should be interpreted as referring to the type of carriage for which each vehicle is used.
Exceptions applying to all Member States are listed in Article 3 of the Regulation, which states that the Regulation does not apply to carriage by road by:
- vehicles used for the carriage of passengers on regular services where the route covered by the service in question does not exceed 50 kilometres
- vehicles or combinations of vehicles with a maximum permissible mass not exceeding 7.5 tonnes used for carrying materials, equipment or machinery for the driver’s use in the course of their work, and which are used only within a 100-km radius from the base of the undertaking and on the condition that driving the vehicle does not constitute the driver’s main activity
- vehicles with a maximum authorised speed not exceeding 40 kilometres per hour
- vehicles owned or hired without a driver by the armed services, civil defence services, fire services, and forces responsible for maintaining public order when the carriage is undertaken as a consequence of the tasks assigned to these services and is under their control
- vehicles, including vehicles used in the non-commercial transport of humanitarian aid, used in emergencies or rescue operations
- specialised vehicles used for medical purposes
- specialised breakdown vehicles operating within a 100-km radius of their base
- vehicles undergoing road tests for technical development, repair or maintenance purposes, and new or rebuilt vehicles which have not yet been put into service
- vehicles or combinations of vehicles with a maximum permissible mass not exceeding 7.5 tonnes used for the non-commercial carriage of goods, and
- commercial vehicles which have a historic status according to the legislation of the Member State in which they are being driven and which are used for the non-commercial carriage of passengers or goods.
Exceptions specific to Finland
In addition to the exceptions listed above that apply across the EU, Member States are allowed to exclude certain types of carriage from the scope of the European Driving Time and Rest Period Regulation(and thus also Government Decree on tachograph charts).
Compliance with Articles 5 to 9 of the Decree is not required nor is the use of a tachograph when:
- a vehicle is used or rented by an agricultural, horticultural, forestry, livestock or fishing undertaking for the transport of goods by the undertaking in their own business within 100 km of the location of the undertaking. In accordance with section 8 of the same Regulation, the daily driving time for the transport in question shall not exceed 11 hours and the daily rest period shall not be less than 10 hours.
- vehicles or combinations of vehicles with a maximum permissible mass not exceeding 7.5 tonnes used for postal delivery as referred to in the Finnish Postal Act (415/2011) or for carrying materials, equipment or machinery for the driver’s use in the course of their work, on the condition that the vehicle or combination of vehicles is used only within a 100-kilometre radius from the base of the undertaking and driving the vehicle does not constitute the driver’s main activity
- vehicles are used exclusively on an island not exceeding 2,300 square kilometres in area which is not linked to the mainland by a bridge, ford or tunnel open for use by motor vehicles
- vehicles are used for driving instruction and examination with a view to obtaining a driving licence or a certificate of professional competence, provided that they are not used for commercial transportation purposes
- vehicles are used in connection with sewerage, flood protection, water, gas and electricity maintenance services, road maintenance and control, door-to-door household refuse collection and disposal, telegraph and telephone services, radio and television broadcasting, and the detection of radio or television transmitters or receivers
- vehicles with between 10 and 17 seats are not used for commercial transport
- vehicles are equipped for use as a stationary educational facility
- in vehicles intended for milk collection from farms and for the return to farms of milk containers or milk products intended for animal feed
- a vehicle is intended to be used solely for the carriage of money and valuables or for the carriage of money or valuables
- vehicles are used for carrying animal waste or carcasses which are not intended for human consumption
- a vehicle is used exclusively on roads located in ports, in terminals and railway terminals established for the purpose of connecting ports and other modes of transport and in other crossroad areas
- a vehicle is used for the transport of live animals within a 100 km radius from farms to the local market and vice versa or from the local market to the local slaughterhouses
- specialised vehicles of a circus or theme parks
- a vehicle designed for the transport of ready-made concrete.
Certain exceptions apply to driving and rest time rules
Notwithstanding the provisions of the Regulation on driving and rest time, the breaks of drivers driving scheduled bus services may be divided into 15 minute periods. The exception only applies to vehicles used in the province of Lapland, Northern Ostrobothnia or Kainuu or in municipalities with a population density of less than five inhabitants per square kilometre. In addition, the exception applies to vehicles used for trips with a start or end point in one of the areas mentioned. However, the exceptions do not apply to vehicles used in the City of Oulu or the City of Kajaani.
An exception to the Regulation om driving and resting times may also be made in the carriage of live fish between 15 April and 30 June and between 15 August and 31 October as follows:
- the daily maximum driving time may be extended by no more than 2 hours
- the average weekly driving time of 45 hours may be extended by no more than 10 hours
- the total accumulated driving time during any two consecutive weeks may be extended by no more than 20 hours.
Exceptions - Lainsäädäntö
European Driving Time and Rest Periods Regulation
(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)
- Article 3
- Section 7 – Exceptions from the use of a tachograph
- Section 8 – Certain exceptions from the driving and rest time rules