Driving Time Exception: Article 12 of Regulation (EC) No 561/2006 Explained Simply

📌 Important

One thing upfront: I do not want to call on or encourage anyone here to request a driving time review, but rather simply show that there is an exception even for the exception.

I experience it often enough that colleagues, out of ignorance (which is not uncommon due to “insufficient training”), simply park their vehicles here or there just to avoid punishment for exceeding driving times.

As drivers in goods or passenger transport, the times at which breaks must be taken after a certain number of driving hours are precisely prescribed. Although not by clock time, but based on hours.

So, one must take an interruption of at least 45 minutes after 4.5 hours of pure driving time, and after further 4.5 hours, actually 11 hours, or if shortened to a maximum of 9 hours.

Unfortunately, due to the current parking situation, it often happens that no secure parking spot can be found. This is usually recognized by the fact that rest areas, parking lots, and truck stops are hopelessly overcrowded, with trucks sometimes standing partially on the roadway.

Alert

The following explanation is no longer valid. The parking situation in Germany is well-known, so one can no longer use Article 12 of Regulation (EC) No 561/2006 as an excuse!

Here, the Driving and Rest Time Regulation ( VO561/2006/EG ) provides an exception rule.

Article 12 states:

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Sofern die Sicherheit im Straßenverkehr nicht gefährdet wird, kann der Fahrer von den Artikeln 6 bis 9 abweichen, um einen geeigneten Halteplatz zu erreichen, soweit dies erforderlich ist, um die Sicherheit von Personen, des Fahrzeugs oder seiner Ladung zu gewährleisten. Der Fahrer hat Art und Grund dieser Abweichung spätestens bei Erreichen des geeigneten Halteplatzes handschriftlich auf dem Schaublatt des Kontrollgerätes oder eienem Ausdruck aus dem Kontrollgerät oder im Arbeitsplan zu vermerken.

So now one might think it is enough to write “no parking space found” at the back. Well, if everything were that simple…

The current issue of Truckers (Issue 9/2012) comes with a small booklet stating exactly how the handwritten entry for the BAG must look.

People, I ask you: DO NOT EXAGGERATE this. Many still know how it went with the vacation certificates later. The credibility of these certificates was questioned. Some officials still do this today; especially on Fridays, one should consider whether it makes sense to refer to Article 12 just to drive a few hundred kilometers home.

That would be more than conspicuous and a reason for doubt.

Oh yes, for the In-France-It’s-Different Doubters: It is also like that in France.

Regulation (EC) No 561/2006 is an EU regulation and, as such, stands above any national law. Even better here: EU regulations must be adopted into national law exactly as they are and may not be changed. That means Article 12 also applies in France.

Alert

The explanation is no longer valid. The parking situation in Germany is well-known, so one can no longer use Article 12 of Regulation (EC) No 561/2006 as an excuse!