Roadside checks in Sweden. Ban to take a regular weekly rest in the cabin of the vehicle

As an employer of the transport company, your driver has been stopped and checked in Sweden for regular weekly rest time?  The Swedish authority doesn’t accept the proofs of taking weekly rest time in a private home.

The transport company was fined for not compliance with the Article 8. 8 of the Regulation EC 561/ 2006 to the amount of almost 6.000 euros, during roadside inspection in Sweden.

During an interview with a driver, the controlling authority put pressure on the driver and required an immediate answer with material evidence related to all his rests from the previous 3 weeks, in every country when the driver was driving. Requested proofs of accommodation was provided to the police.

After quick exchanges between the representatives of Move Expert, the company headquarters and the driver, requested proofs of accommodation were provided to the police, including personal telephone numbers.

Provided addresses were valid and persons may have been contacted directly to reach them by phone in order to confirm the rest time in private places, in Sweden, in Belgium and in France.

As a result, the evidence has not been verified and not accepted by the Swedish police, the truck was blocked and the driver was taken away from all documents.

How does it look like in Sweden?

In practice, the control authorities in Sweden are fully aware of the new posing rules. However, it seems that they do not take into account either new rules or the EC recommendations.

Firstly, the controllers required from the driver, on the road, to have and show evidence proving taking weekly rest time outside the cabin in several different Member States, which is not in line with the EC recommendations regarding the Art 8. of the Regulation 561/2006.In addition, after the company sent the evidence, the Swedish authority did not accept it.

European rules: The European Commission has referred to the ban on resting time in the cabin. Drivers or employers can only be fined for non-compliance with these rules, when their drivers are caught having a regular weekly rest inside the truck, at the time of the control. 

As indicated by the EC, the driver should not be required to have document proving his activities outside the cabin, nor should he be required to have documents concerning the place of regular weekly rest.

During roadside inspection, the authorities cannot require drivers’ documents proving that their regular weekly rest time preceding the roadside inspection was not spent in the truck. 

In this context, Article 34(3) of Regulation (EU) No 165/2014 specifies that Member States shall not impose on drivers a requirement to present any forms attesting for drivers’ activities away from the vehicle. This covers also a situation of taking a regular weekly rest outside the vehicle. Thus, enforcers cannot require from driver’s documents proving that their regular weekly rest preceding the roadside inspection was not spent in the vehicle. [1]

Secondly, the inspectors decided that the given information regarding a private home, and persons providing room rental for drivers, did not meet the criteria of Article 8. and they do not accept it.

The authority said “They have not provided us with this information or proof of that he has stayed in a hotel or similar accommodation during this time. We need to see bookings and receipt or similar proof of where driver stayed during his rest in Sweden and where he stayed in France. The driver has not provided authority with any information in this matter, he doesn’t know which city or the name of the hotels he has been accommodated in during this time, he has no address or telephone number”.

European rules: As it is clear   from the Q&A published in the European Commission Q&A document, Question 5: “there is no definition nor a list of criteria to define the notion of suitable accommodation in the legislation and it is important to leave the flexibility on the type of accommodation that drivers may use. Several types of accommodation may fulfil those criteria, for instance, a hotel, motel, rental apartment or a private home. According to the Article 8 (8) of the Reg (EC) No 561/ 2006 amended by Regulation (EU) 2020/ 1054, clearly requires that the accommodation offers adequate sleeping facilities and sanitary facilities.” [2]

Swedish legislation

According to the Swedish legislation the police can only detain the vehicle for 36 hours. After this period, Police has to let the vehicle go even though the deposit has not been paid.[3]

In this case, the company sent all proofs which were not accepted, but the company did not accept the fine.  The truck was released after 36 hours, which means that nothing has to be paid right now. The driver gets back all documents.  

Move Expert will proceed with the appeal, once the company will receive the official letter.

Summary- not to forget on the road!

The European Commission has referred to the ban on resting time in the cabin. Drivers or employers can only be fined, when their drivers are caught having a regular weekly rest inside the truck, at the time of the control. 

As indicated by the EC, the driver should not be required to have document proving his activities outside the cabin, nor should he be required to have documents concerning the place of regular weekly rest.

During roadside inspection, the authorities cannot require drivers’ documents proving that their regular weekly rest time preceding the roadside inspection was not spent in the truck.