In short: A regular weekly rest of at least 45 hours may not be taken in the truck; the employer must pay for suitable accommodation. Drivers must be able to return to the operational centre or their home within every four weeks (three weeks after two consecutive reduced weekly rests). The obligation to bring the vehicle back every eight weeks was annulled by the EU Court of Justice on 4 October 2024.
Regular and reduced weekly rest
| Regular | Reduced | |
|---|---|---|
| Length | min. 45 h | min. 24 h, under 45 h |
| Allowed in the vehicle? | no | yes, in a stationary vehicle with sleeping facilities |
| Compensation needed? | – | yes, the difference to 45 h |
| Legal basis | Art. 8(6) and 8(8) Reg. 561/2006 | Art. 8(6), 8(6b), 8(7) |
Weekly rest must start no later than the end of six 24-hour periods. In any two consecutive weeks a driver needs either two regular weekly rests or one regular and one reduced. Driving limits and breaks are covered in EU driving and rest times.
Ban on weekly rest in the cab
Since Mobility Package I (Regulation (EU) 2020/1054, applicable since 20 August 2020), Article 8(8) states that regular weekly rest and any weekly rest of more than 45 hours taken as compensation may not be spent in a vehicle. It must be taken in suitable, gender-friendly accommodation with adequate sleeping and sanitary facilities, paid for by the employer. Daily rest and reduced weekly rest may still be taken in a stationary truck with sleeping facilities, as the German authority BALM also confirms.
On a ferry or train, a regular weekly rest is only allowed if the crossing is scheduled for at least 8 hours and a sleeper cabin is available (Art. 9).
Two consecutive reduced weekly rests
In international goods transport, a driver may take two consecutive reduced weekly rests outside the Member State where the company is established. The condition: in any four consecutive weeks the driver takes at least four weekly rests, of which at least two are regular.
Compensation rules at a glance
| Situation | Compensation | Deadline |
|---|---|---|
| One reduced weekly rest | the difference to 45 h, en bloc | by end of the third following week |
| Two consecutive reduced weekly rests | both differences | before the next regular weekly rest |
| General rule | attach to another rest of at least 9 h | – |
| Driving extended to reach home (Art. 12, up to +1 h or +2 h) | equivalent rest | by end of the third following week |
Return of the driver
Under Article 8(8a), transport companies must organise work so that the driver can return to the employer's operational centre or to their place of residence within each period of four consecutive weeks to spend at least one regular weekly rest there. If the driver has taken two consecutive reduced weekly rests, the return must happen before the following rest of more than 45 hours. The European Labour Authority therefore describes the period as "either 3 or 4 consecutive weeks". The company must document how it meets this obligation.
Return of the vehicle: annulled by the Court
Article 5(1)(b) of Regulation (EC) 1071/2009, inserted by Regulation (EU) 2020/1055, required vehicles used in international transport to return to an operational centre in the Member State of establishment within eight weeks of leaving it. It applied from 21 February 2022.
| Date | Event |
|---|---|
| 21 February 2022 | 8-week vehicle return rule applicable |
| 4 October 2024 | Court of Justice judgment, cases C-541/20 to C-555/20: rule annulled |
| Effect | per the European Commission, void and not applicable since adoption on 15 July 2020 |
The Court found that Parliament and Council had not shown they had enough information to assess the measure's proportionality. It upheld the ban on regular weekly rest in the vehicle, the driver return obligation, the four-day cooling-off period for cabotage in the same Member State and the posting rules for cabotage and cross-trade.
Worked example: four weeks of long-haul work
A driver employed by a company established in Germany works in international transport:
| Week | Weekly rest | Where | Compensation owed |
|---|---|---|---|
| 1 | reduced, 24 h | in the truck, abroad | 21 h |
| 2 | reduced, 24 h | in the truck, abroad | 42 h |
| 3 | 42 h compensation + 45 h regular = 87 h in one block | at home | 0 h |
| 4 | regular, 45 h | accommodation or home | 0 h |
The four-in-four rule is met (four weekly rests, two of them regular), and the driver is back before the rest of more than 45 hours. For dispatch, a block like this means the truck stands for about three and a half days unless another driver takes it over. How idle time feeds into pricing is covered in How to calculate a freight rate.
According to BALM, serious breaches of drivers' social rules in Germany can cost drivers up to 5,000 euros and companies up to 15,000 euros; other countries set their own penalties. This article is not legal advice.
FAQ
Can a truck driver spend the 45-hour weekly rest in the cab?
No. Regular weekly rest and compensatory rest of more than 45 hours must be taken in suitable accommodation paid for by the employer. Only reduced weekly rest is allowed in a stationary truck with sleeping facilities.
How often must a truck driver go home in the EU?
The company must make it possible for the driver to return to the operational centre or home within every four weeks, or by the third week after two consecutive reduced weekly rests.
Does the truck still have to return every eight weeks?
No. The Court of Justice annulled that rule on 4 October 2024, and the European Commission treats it as never having applied.
When must a reduced weekly rest be compensated?
By the end of the third week following the week in question, en bloc and attached to another rest period of at least 9 hours.
Sources
- EUR-Lex – Regulation (EC) No 561/2006, consolidated version of 20.08.2020 (PDF)
- European Commission – Mobility Package I: Driving & rest times
- European Labour Authority – Driving and Resting Time Rules (PDF)
- European Commission – Mobility Package I: Market rules
- European Commission – Rule on the return of the vehicle
- Court of Justice of the EU – Press release No 173/24, 4 October 2024 (PDF)
- European Commission – Rules on cabotage
- BALM – FAQ on drivers' social legislation (German)
Last updated: October 2026. Interpretations and fines can change – check the official source before quoting them.