The German Approach to consecutive reduced weekly rest periods under the amended Regulation (EC) 561/2006
The German Federal Ministry of Transport and Digital Infrastructure (BMVI) recently set out its position on its website regarding the “Mobility Package Part I: Improvement of social legislation for professional drivers from 20 August 2020” (The full article can be found at https://www.bmvi.de/SharedDocs/EN/Articles/StV/mobility-package-part-1-improvement-social-legislation.html).
In relation to the new provisions on consecutive reduced weekly rest periods in the amended Regulation (EC) 561/2006, the BMVI provided:
“Drivers engaged in international freight transport will be allowed to take two consecutive reduced weekly rest periods outside the Member State in which their company is established. However, this is subject to the condition that the driver takes at least four weekly rest periods in four consecutive weeks, two of which must be regular weekly rest periods. The reduced rest periods must be compensated by equivalent rest periods to be taken without interruption before the end of the third week following the week in question.”
As such, the German interpretation of Article 8(6) is that under certain conditions a driver can take two consecutive reduced weekly rest periods and the compensation for the reduced rest must be taken en block before the end of the third week following the week in question.
Effect of this interpretation on Guretruck / Police Controller
The team behind Police Controller and the legal team at Guretruck have decided to stand with the Germans.
Police Controller will use this interpretation in its automatic fine checker (the so-called checklist) for the analysis of tachograph files during an enforcement control.
The legal team at Guretruck will also apply this interpretation in the defence of infractions for incorrect reduced weekly rest periods and/or compensation for reduced weekly rests.