The legislative collection included in the Mobility Package approved by Europe continues to raise doubts as to its effective application. Therefore, it continues to expand the content of the practical application guide of its legal articles, solving the following questions.
In relation to the possibility of “exceptionally exceeding the driving time”, the following assumption is resolved:
12. If a driver makes use of the exception of article 12, after 4.5 hours of uninterrupted driving, must he take a 30 or 45 minute break before continuing to drive (due to exceptional circumstances)?
Article 7, first paragraph, requires the driver to take at least a 45-minute break after driving a period of 4.5 hours. Article 12, paragraphs 2 to 5, does not allow repealing this requirement. Therefore, after 4.5 hours of driving and before the next period of driving, a driver should take a 45-minute break. In the event that a driver has taken the 45-minute break (or splitting 15 ‘+ 30’) and then has to continue driving for another 1-2 hours, the driver is not required to take an additional 30-minute break before resume further driving.