PROPER RETURN OF DRIVERS TO “HOME”

The return of drivers after extended periods on the road has become one of the most challenging issues facing the transport sector today. This complexity stems from both logistical considerations and legal requirements that transport companies must navigate to ensure compliance while respecting the rights of their drivers.

Understanding driver rights and company obligations

One of the key points of dispute revolves around the driver’s right to private time and the company’s responsibility to organize the return of drivers to their “home” base:

the employer’s operational centre where the driver is normally based in the Member State of the employer’s establishment,

or the drivers’ place of residence when the latter differs from the employer’s place of establishment.

It is unofficially recognized that drivers have the right to their personal time and can choose where they spend it, without being obligated to take their rest in a specific location. However, this does not absolve companies from their responsibility to organize the return of drivers to “home”. Even if a driver chooses not to return “home” for personal reasons, the company must demonstrate that the work schedule was arranged in such a way that the driver had the opportunity to return “home” as required.

Conflict with regulatory authorities

Some of the Member States regulatory authorities, like France and Belgium, among others, have taken a stringent stance on this issue. They argue that regardless of a driver’s personal decision, companies are still obligated to ensure the return of drivers to “home” at regular intervals, typically every four weeks. Failure to do so is frequently met with penalties during road checks, where refusals by drivers to return “home” are often not accepted by inspectors.

Best practices for companies

To avoid conflicts and penalties, transport companies must carefully plan and document their process for ensuring driver returns. Below are six key points that companies should consider:

Work schedule planning: Drivers’ work should be planned in such a way that they do not spend more than four weeks away from “home”. This includes ensuring that the driver finishes their posting period within this timeframe. If a driver is scheduled to be away for longer, it must be clearly documented that this was agreed upon in advance, and the original plan allowed for a return within the four-week period.
Documenting return plans: Companies should not present the return “home” as a mere proposition. Instead, they should document that the return was pre-planned and integral to the driver’s work schedule. This helps in proving that the return was part of a structured plan and not left to the discretion of the driver.
Archiving return documentation: It is crucial to maintain thorough records proving that the return of drivers was organized. This includes storing information such as travel arrangements, costs incurred, and other relevant details. Proper documentation helps in demonstrating compliance and can protect the company during inspections.
Handling driver refusals: If a driver informs the company that they do not wish to return “home”, this refusal must be documented in writing, either through email or a formal written statement. However, companies must avoid collecting such refusals in advance, as this can appear as though the company is prioritizing refusals over the actual organization of the return. The refusal should be an exception rather than a general trend in the process of company organization.
Rest time location: Drivers must be informed that if they refuse to return “home”, they cannot spend their rest time in the cabin of their vehicle. They are required to find suitable accommodation that allows for proper rest, ensuring that their refusal does not compromise their well-being.
Recording travel time: Any time spent traveling back to the company’s operational center or home, especially if by minibus, must be accurately recorded in the tachograph as work time or time of availability, depending on the circumstances. Inspectors frequently check for this during audits, and failure to comply can result in penalties.

Conclusion

In conclusion, while drivers are entitled to exercise their right to private time and may choose not to return “home”, it is crucial for transport companies to ensure their work schedules fully comply with legal requirements. This requires diligent planning, thorough documentation, and strict adherence to regulations, making it clear that any refusal to return “home” is the driver’s personal decision, not a result of the company’s poor organization. By adhering to these best practices, companies can effectively manage the return of drivers, maintain regulatory compliance, and avoid potential penalties.