Driver working hours violation – How to avoid penalties?

Driver working hours violation vs. driving time violation

First, it is important to emphasize that exceeding driver working hours and exceeding driving time are two distinct concepts. Driving time refers specifically to the time a driver spends operating the vehicle. In contrast, working hours encompass not only driving but also other duties such as preparing the vehicle for the road, loading, and unloading.

What are the legal limits for driver working hours?

Regulation (EC) No. 561/2006 establishes the legal framework for driver working hours, including:

• A maximum daily working time of 9 hours.
• The possibility of extending working time to 10 hours, but only twice per week.

If you would like to learn more about driver working hours, we invite you to read our comprehensive guide: Driver Working Hours: A Complete Guide to Regulations and Best Practices.

Exceptional circumstances allowing exceeding the maximum working time

It is important to note that certain exceptional circumstances permit drivers to exceed the maximum working hours. However, these exceptions are strictly regulated and apply only to situations where there is a risk to goods or road users, such as:

• The inability to stop due to a lack of available parking spaces.
• Unforeseen road conditions, such as an accident.
• Severe weather conditions, such as heavy fog or a snowstorm.
• Vehicle breakdowns.

In these cases, exceeding the allowable working time by 1 or 2 hours is legally permissible. However, such situations should not occur regularly. Drivers must be able to justify and document each instance of exceeding working hours by making an appropriate note on the tachograph printout or in the working time recording system. This documentation helps avoid potential fines.

Frequent violations of working hours

If excessive working hours become a recurring issue, transport operators may face not only financial penalties (which we discuss later in this article) but also serious consequences such as:

• The risk of losing their transport license.
• Damage to the company’s reputation.
• Increased inspections by the Road Transport Inspection (ITD).
• Potential administrative proceedings against the carrier.

Digital tachograph printout

A digital tachograph printout is the primary documentation of a driver's working hours, serving as evidence in case of a roadside inspection or suspicion of exceeding allowable time limits. It contains information such as:

• Start and end time of driving,
• Distance traveled,
• Rest and break periods,
• Any violations of driving or working time limits.

If a tachograph printout indicates that the driver has exceeded the permissible working hours, this may result in a fine for violating working time regulations.

Fine for exceeding driver working hours

Regulations on driver working hours allow for a 15-minute tolerance. If the excess time does not exceed this limit, no fine will be imposed. However, if the working time is exceeded beyond this threshold, penalties apply as follows:

• 50 PLN – for an overrun of 15 minutes to 1 hour,
• 100 PLN – for an overrun of 15 minutes to 1 hour in case of extended working time,
• 150 PLN – for an overrun of 1–2 hours,
• 200 PLN – for an overrun of more than 2 hours or 1–2 hours in case of extended working time,
• 250 PLN – for an overrun of more than 2 hours in case of extended working time.

Additionally, fines can reach up to 550 PLN if the total working time exceeds 13.5 hours without proper rest periods, or 15 hours without a required 4.5-hour break.

Who can issue fines for excessive working hours?

In Poland, the following authorities are responsible for monitoring driver working hours and issuing fines for violations:

• Police,
• Border Guard,
• Customs Service,
• National Labour Inspectorate,
• Road Transport Inspection (ITD).

How to avoid fines for exceeding driver working hours?

To prevent penalties, it is crucial to implement measures that help better organize and plan trips, including:

• Accurate route and schedule planning – minimizing delays, traffic congestion, and optimizing loading, unloading, and rest periods.
• Driver training and awareness programs – ensuring drivers are familiar with current working time regulations and record-keeping requirements.
• Documenting exceptional situations – providing justification for permissible time limit exceedances to avoid fines.

Exceeding driver working hours – How to avoid penalties? Summary

Exceeding the allowable working hours is a serious legal violation that can lead to financial penalties, administrative consequences, and, in extreme cases, damage to a transport company's reputation. Therefore, it is essential for both drivers and transport operators to understand the applicable regulations and respond appropriately in exceptional situations.

If you need expert advice on driver working hours settlements, we are here to help! Contact us, let us know your concerns, and our team will take care of the rest.