When are you exempt from the driving & resting time rules in agriculture and forestry?
In Denmark, the executive order on driving and resting time regulations allows for national exceptions and exemptions - including for agricultural and forestry companies. In order to use these exemptions and perform exempt driving, you need to consider several factors such as the type of driving being performed and how far away from the company's headquarters you are driving.
In the following example, both Company A and Company B perform exactly the same task, but only one of them is exempt from the driving & rest time rules:
- Company A, located in Herning, grows its own potatoes and transports them in a truck under 7500 kg to a production company in Aarhus. As the distance is 77 km, the driving is exempt from the driving and rest time rules.
- Company B, based in Struer, performs exactly the same task, but has 107 km as the crow flies to Aarhus and is therefore subject to the driving & rest period rules.
The difference is in the distance - as soon as you exceed the 100 km radius limit, the driving becomes subject to the rules.
If you stay under 100 km, you are exempt from the rules.
Where can I find the rules?
The rules for national exceptions and exemptions can be found in chapter 2 of the driving and rest period regulations.
Section 2b states:
Vehiclesused by agricultural, horticultural, forestry, farming and fishing companies within a radius of 100 km from the company's registered office are exempt from the driving/rest period regulations.
In addition, § 2 c states:
Agricultural and forestry tractors used for activities within 100 km of the company's registered office are also exempt.
This is crucial for the example of companies A and B, where the distance alone determines whether the driving is exempt or not.
It's important to note that these exceptions only apply nationally.
Our recommendations for exempt driving
At Tachografservice A/S we recommend that you always have your driver card in the tachograph, even when driving exempt:
- This ensures that you can document which drivers have driven the vehicle.
- During inspections, the Danish Transport Authority may require documentation for exempted driving and the name of the driver.
- Even if the driving is exempt within the 100 km zone, the tachograph must still be used correctly and set to "OUT".
- When documenting and checking working hours, you have all the data collected in the tachograph if a driver card is always used.
Are you unsure if your driving is subject to the driving & rest period rules?
Contact us on tel. +45 70 222 337 or info@tachografservice.dk and we'll help you find out if your driving is exempt and make sure you have the necessary equipment to keep track of your data.