Sleeping in the truck forbidden? Take a deep breath!
Public media outlets are once again spreading the news that, from now on, we will no longer be allowed to sleep in trucks.
My response is simply: TOTAL NONSENSE!
Or, in Donald Trump’s words: FAKE NEWS!
Unfortunately, there are still far too many drivers who fall for such headlines and subsequently get rightfully upset – but unfortunately based on a false claim.
We have already covered this topic. Multiple times.
Mobility Package – do you remember?
Or the ruling by the European Court of Justice stating that regular weekly rest periods cannot be spent in the vehicle?
That is exactly what this is about.
It’s about the regular weekly rest period
The crucial question is therefore not:
“Am I still allowed to sleep in the truck?”
But rather:
“Which rest period am I still allowed to spend in the truck?”
And here, the legal situation is quite clear.
The regular weekly rest period of at least 45 hours may not be spent in the vehicle. The same applies to a weekly rest period exceeding 45 hours taken as compensation for a previously shortened weekly rest period. These rest periods must be spent in suitable accommodation with sleeping and sanitary facilities. The employer bears the costs for this.
However, this does not mean that drivers are suddenly no longer allowed to spend their daily rest periods in the truck.
A shortened weekly rest period may still be spent in the vehicle, provided the vehicle has suitable sleeping facilities and further conditions are met.
The European Commission describes the applicable rules accordingly: The regular weekly rest period is generally 45 hours and can be reduced to a minimum of 24 hours under certain conditions.
In short:
Daily rest in the truck? Yes.
Shortened weekly rest in the truck? Yes.
Regular 45-hour weekly rest in the truck? No.
It’s actually not that difficult.
And then there is the return home
Another point of the Mobility Package is also frequently misrepresented.
The regulation stipulates that transport companies must organize their work so that drivers have the opportunity, within four consecutive weeks, to return either to their place of residence or to their usual workplace in order to spend a regular weekly rest period or a corresponding compensatory rest period there.
However, this is something different from the statement:
“Every driver must go home every four weeks.”
This does not appear in the regulation as stated.
Rather, the driver has a right to expect that the company organizes routes accordingly and enables this return. Where the driver wishes to spend their weekly rest period remains essentially their decision.
And if the regular weekly rest period must be spent outside the vehicle, the employer may not simply charge the driver for the required accommodation.
The costs for accommodation outside the vehicle are borne by the company.
And what about Eastern European drivers?
Here too, it is worth taking a closer look.
The Mobility Package applies not only to German companies and German drivers. The rules apply within European road transport in general to the corresponding transport companies and drivers – and that was indeed one of the main political points of contention.
It was among other things about improving social conditions in European road freight transport and curbing distortions of competition. The European Commission explicitly describes the Mobility Package as a combination of social protection for drivers and fairer competitive conditions in cross-border traffic.
This also includes European posted workers’ regulations.
In certain cross-border transports and particularly in cabotage, drivers may fall under European posted workers rules. Then, as a general rule: For the corresponding activity, the applicable remuneration conditions of the country where the work is performed must be taken into account.
However, this does not mean generally:
“Same pay for every truck driver in Europe.”
That would also be another simplification.
The regulations are much more complicated and differ particularly according to the type of transport.
So: Read first, then get upset
I can certainly understand that drivers might panic at a headline like
“Truck drivers will no longer be allowed to sleep in trucks from now on”
for a moment.
After all, those who have been working in long-haul transport for years know that the truck cab is not only a workplace but also a sleeping place and, for many drivers, a piece of home.
But precisely because of this, one should not just read the headline with such reports.
Because between
“You are no longer allowed to sleep in the truck”
and
“The regular weekly rest period of at least 45 hours may not be spent in the truck”
lies a rather huge difference.
One is a sensational headline.
The other is the actual legal situation.
And this has actually been in effect since the Mobility Package – not suddenly only from today.
So folks: Take a deep breath first. Then read. And only then get upset.
Because we can certainly discuss the real problems of our industry.
There are plenty of those, after all.
