Tachograph, driving and rest rules: the fines you pay yourself

What changes when the fine is written to you rather than to the company. Driving and rest rules, the driver card, and how a breach turns into a personal expense.

Updated 5 min read

The Drivora team

Tachograph, driving and rest rules: the fines you pay yourself

On a payroll, driving and rest is something the dispatcher watches and, in the worst case, something the company answers for. Working for yourself it is still the same rule — but now with your name on the ticket. Technically nothing has changed; economically everything has.

Five limits, identical for everyone

The rules are not Czech. They are a directly applicable EU regulation, so the same numbers hold in Germany, Poland and Spain. Prose handles them badly, because they bind simultaneously and the tightest of them depends on what last week looked like:

What is counted Limit Provision
Daily driving 9 hours; twice a week at most, up to 10 hours Art. 6(1)
Weekly driving 56 hours Art. 6(2)
Two consecutive weeks 90 hours in total Art. 6(3)
Break from driving after 270 minutes of driving (four and a half hours), an uninterrupted break of at least 45 minutes Art. 7
Regular daily rest at least 11 hours Art. 4(g)
Reduced daily rest at least 9 hours but less than 11 hours Art. 4(g)

Source: Regulation (EC) No 561/2006, Articles 4, 6 and 7 — consolidated text of 20.08.2020. In its own words: "The daily driving time shall not exceed nine hours. However, the daily driving time may be extended to at most 10 hours not more than twice during the week", "The weekly driving time shall not exceed 56 hours…", "The total accumulated driving time during any two consecutive weeks shall not exceed 90 hours" and "After a driving period of four and a half hours a driver shall take an uninterrupted break of not less than 45 minutes, unless he takes a rest period".

Two things in that table are misread more than the rest.

The week is fixed, not rolling. Article 4 defines it as the period between 00.00 on Monday and 24.00 on Sunday, not the last seven days. Anyone counting a rolling week is counting to a rule the regulation does not contain.

90 hours is the limit people actually walk into. Two weeks at 56 hours come to 112, which is 22 hours more than allowed. After one heavy week the next one is capped, whatever dispatch offers.

One more item worth knowing exactly: the regular daily rest of 11 hours may, under that same Article 4(g), be split into two periods — an uninterrupted 3 hours first, then an uninterrupted 9 hours. That is not a reduced rest, although it is often described as one; a reduced rest is a separate category of at least 9 hours and less than 11 hours.

What stays the same

The requirements for daily and weekly rest, for breaks and for maximum driving time are the same for everyone running a tachograph. The driver card, code 95 and regular data downloads are exactly as compulsory as they were — how the card is obtained and how long it takes is covered in The tachograph card.

Roadside checks have not changed either: they look at the card, they look at the records, and if necessary they ask for data from previous weeks.

What changes

The fine is yours to pay — not the company's, not the dispatcher's — because the transport is performed by an OSVČ.

It costs more, too. A breach used to mean a talking-to; now it comes out of the very margin you were calculating routes for in the first place.

The record stays with you. The card belongs to the person, not the truck or an employer, and that shows up when you arrange liability insurance.

Plan rest as a cost

Somewhere to sleep, the parking, the time to unload — all of it is part of the round trip. A round trip calculated without the compulsory rest always looks better than it turns out.

How it affects the numbers

Working out a direction’s profitability without allowing for compulsory rest is the most common way to fool yourself. A round trip with two nights and a round trip with one are different numbers of round trips a month, and therefore different income at the same rate per kilometre. The easiest place to track it is in the same load data that holds your costs: by the end of the quarter you can see which directions genuinely add up. What those kilometres turn into is on the earnings page.

Common questions about this article

How many hours a day can I drive?
9 hours. Twice a week at most you may extend that to 10 hours — an exception, not a standard (Article 6(1) of Regulation (EC) No 561/2006).
How many hours can I drive in a week?
56 hours in a calendar week, and at the same time no more than 90 hours across any two consecutive weeks. The second limit is the one that actually binds after a heavy week (Article 6(2) and (3)).
How long can I drive before a break?
270 minutes — four and a half hours — after which the break must be uninterrupted and at least 45 minutes long (Article 7).
How long is daily rest?
A regular daily rest is at least 11 hours; a reduced one is at least 9 hours and less than 11 hours (Article 4(g)).
Who pays a driving-time fine if I’m an OSVČ?
You do. Fines, like fuel and tolls, stay with the driver.
What happens at a check if the data hasn’t been downloaded?
That is a separate offence in its own right, and it attaches to you rather than to the owner of the truck.

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