Article 12 of regulation 561/06 provides for the possibility of waiving driving and rest times under certain conditions without risking incurring penalties. The art. 12 quotes: "Provided that road safety is not compromised and in order to reach an appropriate stopping point, the driver may derogate from the provisions of articles 6 and 9 (driving times and rest periods). The driver shall enter by hand on the record sheet of the recording equipment, in the printout of the recording equipment or in the service log the reason for the derogation from these provisions at the latest when he reaches the appropriate stopping point". With the REG. 1054/2020 "Mobility Package" two further exceptions were introduced: "Provided that road safety is not compromised, in exceptional circumstances, the driver may also derogate from the provisions of Article 6, paragraphs 1 and 2 (daily driving and weekly driving), and Article 8, paragraph 2 (rest/commitment daily), exceeding the daily and weekly driving time by a maximum of one hour in order to reach the employer's place of business or one's place of residence to take a weekly rest period". DEROGATION MAXIMUM 1 HOUR of exceeding: daily and weekly guide Daily commitment to return: at the company headquarters driver residence "Under the same conditions, the driver may exceed the daily and weekly driving time by a maximum of two hours, provided that he has observed a break of 30 consecutive minutes immediately before the additional driving time in order to reach the employer's place of business workplace or place of residence to take a regular weekly rest period” DEROGATION MAXIMUM 2 HOURS of exceeding: daily and weekly guide daily commitment to return: at the company headquarters or Driver residence It is important that the derogation is transcribed on the back of the activity printout and the driver must indicate the reason for the derogation, being as precise as possible, in time and place. THE ART. 12 IT'S A DEROGATION IT'S NOT
