When it comes to finding out whether driving a particular vehicle is subject to the driving and rest time regulations, the main questions are the following:
How much does the vehicle weigh? (Total total weight)
– Is it (sometimes) more than 100 km away from the company's address?
– Is the truck specially-built for a purpose?
(and can it carry goods at foreign expense)?
When are you subject to the driving and rest time regulations?
One is subject when at least one of the following three criteria is fulfilled:
- When the permissible maximum weight of the vehicle (including trailer or semi-trailer) is more than 3500 kg. (PARLIAMENT OPINION)
- When the vehicle is designed to accommodate more than 9 people including the driver. (PASSENGER TRANSPORT).
- When driving more than 100 km away from the company's address.
When are you NOT subject to the driving and rest time regulations?
- If the vehicle weighs less than 3500 kg:
You are only subject when the vehicle can accommodate more than 9 people (point 2 above).
Otherwise, you are not subject to the driving and rest time regulations. (Even if you drive more than 100 km away from the company's adress).
- If the vehicle weighs between 3500 - 7500 kg:
If you stay within a radius of 100 km from the company's address, you are not subject to the driving and rest time regulations if:
- It concerns the transport of materials, equipment or machinery that the driver will need in his trade/at his destination.
This requires that it is the DRIVER who will use the equipment and that he does not have driving/transport as his primary task.
- The maximum permissible speed of the vehicle does not exceed 40 km/h.
- In the case of vehicles in service, such as:
– The armed forces, the police, the fire service, emergency services, rescue operations, medical vehicles and roadside assistance.
- In the case of vehicles tested in connection with:
– Development, repair, maintenance and new unused vehicles.
- In the case of non-commercial goods transport,
(i.e. not on behalf of third parties)
- In the case of vehicles with veteran car status.
- In the case of regular services (with persons) if the length of the route does not exceed 50 km.
- If you drive privately only in the vehicle and if the vehicle is registered privately.
- If the vehicle weighs more than 7500 kg.
At this weight, virtually all vehicles are subject to the rules of driving and rest regulations, except for a ratio:
- Special vehicles permanently designed for purposes other than goods and passenger transport.
A special vehicle may not carry goods while driving. Ex specially-built workshop, mobile laundry etc.
What if you have both regular drive and rest regulations driving and OUT driving?
If you drive mixed-speed driving, where you have both driving underdrive and rest regulations rules and driving that is not subject to the rules, you must put the tachograph on OUT when driving except driving and put the tachograph back on regular driving when driving.
It is not necessary to have your driver card in the tachograph when driving OUT, but we recommend it for several reasons:
" If you do not have driver cards in the tachograph, you will not be able to see which drivers have driven the vehicle.
During a company a control, the Danish Traffic Authority can ask for both documentation for exempt driving, as well as ask for the name of the driver and who made the driving.
"If for some runs you are not subject to the rules because you stay within a radius of 100 km, you still need to use the tachograph, however, put it on OUT.
If you then start a journey that you know will surpass the 100 km, you should start regular driving at take-off and not only when the 100 km is reached.