Exceptions to driving and rest time regulations
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Driving and rest time exceptions
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 driven more than 100 km away from the company's address? (possibly only sometimes)
– Is the vehicle specially-built for a purpose?
(and can it carry goods at foreign expense)?
Driving that is not subject to drive & rest time rules:
If the vehicle weighs less than 3500 kg:
- Driving is only subject if the vehicle can accommodate more than 9 people.
- Driving is only subject if a trailer, semi-trailer or semi-trailer is attached.
If the vehicle weighs between 3500 - 7500 kg:
If you stay within a radius of 100 km from the company address, you are not subject to the drive & rest time rules 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.
- These are vehicles in service, such as:
– The armed forces, the police, the fire service, emergency services, rescue operations, medical vehicles and roadside assistance.
- These are vehicles which are tested in connection with:
– Development, repair, maintenance, and new vehicles.
- These are non-commercial goods transport
(i.e. not on behalf of third parties)
- These are vehicles that have veteran car status.
- These are regular services (with persons) provided that the length of the route does not exceed 50 km.
- You only drive privately in the vehicle, and if the vehicle is registered privately.
If the vehicle weighs over 7500 kg:
With a weight over 7500 kg, virtually all vehicles are subject to the drive & rest time rules, except for one condition:
- Special purpose vehicles that are permanently adapted for purposes other than the carriage of goods and passengers.
A special purpose vehicle must not be able to carry goods while driving.
E.g. specially-built workshop, mobile laundry etc.
Driving that is both subject to and exempt from drive and rest time rules:
If you have combined driving in your vehicle, where you have both driving that is subject to the driving and rest time rules and driving that is not subject to the rules, the following applies:
You must set your tachograph to OUT when you start driving that is exempt from the rules.
When you start driving that is subject to the rules, the tachograph must be set back to normal driving.
See how to operate the tachograph when driving OUT here
It's not necessary to have your driver card in the tachograph when driving OUT (except for driving), but we recommend it for several reasons:
- If you do not have your driver card in the tachograph, you will not be able to see which drivers have been driving the vehicle during the period.
- When your campany are in a company control, the Danish Traffic Authority can ask for both documentation for exempt driving, as well as ask for the name of the driver who made the driving.
- If for some journeys you are not subject to the rules due to the 100 km zone, you must still use and operate the tachograph and remember to set it to OUT.
If you then start a journey that you know will exceed the 100 km, you must start normal driving at the start and not only when the 100 km is reached.
NOTE: Even though the vehicle may only have been subject to driving once a year, you still need to read the tachograph every 60 days.