A couple of years ago, in Spain, measures were introduced concerning certain offences, such as drivers taking their weekly rest in unsuitable accommodation or accommodation that is not adapted for both genders.
This measure is severely sanctioned and is even more serious if the driver is not responsible for the costs of rest in accommodation outside the vehicle.
All this is included in the European Mobility Package, which was adopted in 2020, three years ago now. And since then, it has brought with it numerous complaints about its abusive application by enforcement officers in some countries, such as France and Sweden, although it also happens in other countries.
In response, the European Commission plans to issue an Interpretative Note clarifying that enforcement officers may ask drivers whether they have hotel bills or other documents, proving that the driver took his or her weekly rest in suitable accommodation.
However, they do not have the right to penalise drivers or companies for not providing such documentation.
In addition, where national legislation allows it, an oral confession by the driver could be considered as valid evidence to establish such an infringement.
This only applies in cases of normal weekly rest periods. That is, those breaks which exceed 45 hours and which hauliers are obliged to take every two weeks. Therefore, in the case of reduced daily or weekly rest periods, drivers can rest on board the lorry.
If you would like more information about the transport of dangerous goods or any of our services, please do not hesitate to contact us.