In short: France sanctions with fines of 750 euros for delaying the weekly rest by less than 12 hours and with 1,500 euros for delaying by 12 hours or more, according to Decree No. 2020-1088, applicable since August 27, 2020. Separately, Decree No. 2020-1104, in force since September 3, 2020, prohibits drivers of up to 3.5 tons of commercial vehicles from spending their daily and weekly rest periods in the cabin, and employers who impose this risk fines of up to 1,500 euros.
In France, a new decree has come into force that establishes new sanctions regarding the working schedule and rest periods.
Decree no. 2020-1088 of August 24, 2020, published in the Official Journal on August 26, 2020 introduces two new offenses related to the weekly rest period applicable to road freight transport.
a) If the mandatory period for performing the weekly rest is delayed by less than 12 hours after 6 consecutive 24-hour periods from the previous weekly rest period, the fine is 750 euros.
b) If the mandatory period for performing the weekly rest is delayed by 12 or more hours after 6 consecutive 24-hour periods from the previous weekly rest period, the fine is 1,500 euros.
According to Reg. (EC) 561/2006, The weekly rest period must begin no later than the end of the 6 24-hour periods (from the end of the previous weekly rest period).
Decree 2020-1088 is applicable from August 27, 2020 and can be consulted/downloaded (in French) by accessing the link – https://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000042263180&categorieLien=id
Truck drivers can no longer spend their rest periods in the cabin
France has regulated the implementation of daily and weekly rest periods for drivers of light commercial vehicles of up to 3.5 tons.
Decree No. 20201104 of October 1, 2020, Published in the Official Journal of France on September 2, which came into effect on September 3, it prohibits drivers of heavy-duty vehicles of up to 3.5 tons from spending their daily and weekly rest periods in the cabin anymore.
According to the decree, daily and weekly rest periods must be carried out in places that meet certain safety, comfort, and hygiene standards.
In the case of a check, drivers of motor vehicles must present evidence regarding the place where they spent these breaks, consisting of invoices from the hotel, rental contracts for housing, online reservations, or the addresses of friends, and all contact details in case the rest period was not spent in a place classified to offer accommodation services.
Also, drivers of light commercial vehicles up to 3.5 tons are required to record their working and rest periods in the “livret individuel de contrôle”, a document similar to the travel log in Romania, but which contains all the details about the journey, working and rest periods, and the places where the breaks were taken.
Fines of up to 1,500 euros for the employer (carrier)
The decree also establishes a contravention penalty for violating the provisions. Article L. 3313-4 of the Transport Code, introduced by Article 102 of the law on the orientation of mobility.
Thus, if the employer (the carrier) forces the employee (the driver) to perform their daily or weekly rest periods aboard the vehicle or in a lodging facility that does not provide safety, comfort, and hygiene conditions, he/she will receive a fine from Class V, which can reach up to 1,500 euros.
Frequently asked questions
What is the fine in France for delaying the weekly rest?
According to Decree No. 2020-1088, if the mandatory weekly rest is delayed by less than 12 hours after 6 consecutive 24-hour periods from the previous weekly rest period, the fine is 750 euros. If the delay is 12 hours or more, the fine rises to 1,500 euros.
When must the weekly rest period begin according to Regulation (EC) 561/2006?
The weekly rest period must begin no later than at the end of the 6 24-hour periods calculated from the end of the previous weekly rest period.
Can drivers of light trucks under 3.5 tons sleep in the cabin in France?
No. Decree No. 2020-1104, which came into effect on September 3, 2020, prohibits drivers of light commercial vehicles of up to 3.5 tons from spending their daily and weekly rest periods in the cabin; the rest must be carried out in places that meet certain safety, comfort, and hygiene standards.
What evidence must motorhome drivers present at a check in France?
At the check, drivers must prove where they spent their rest: hotel bills, rental contracts for the accommodation, online reservations, or, if the rest was not spent in a place classified as a lodging service (for example, with friends), the addresses and all contact details of these people.
What risks does the carrier run if the driver takes his rest in the cabin?
If the employer forces the driver to perform their daily or weekly rest on board the vehicle or in a lodging facility that does not provide safety, comfort, and hygiene conditions, they receive a fine from Class V, which can reach up to 1,500 euros.
What is the „individual control booklet” for drivers of passenger cars?
It is the document in which drivers of light commercial vehicles up to 3.5 tons are required in France to record their working and rest periods. It is similar to the roadmap in Romania, but it contains all the details about the journey, working and rest periods, as well as the places where the breaks were spent.
