Minister O’Brien Approves Temporary Driving Hours Exemption for Fuel Transport

Temporary Derogation of Driving Hours for Liquid Fuel Transport in Ireland

Ongoing blockades of key transport routes have caused prolonged journey times, affecting all road users, including professional drivers. In response, the Minister for Transport, Darragh O’Brien, has approved a temporary derogation from certain driving hours and rest period requirements for hauliers transporting liquid fuel used for home heating oil or as a propellant within Ireland. This measure aims to maintain supply chain continuity while balancing driver welfare and road safety.

Details of the Derogation

The derogation, granted under Article 14(2) of Regulation (EC) No 561/2006, applies from 11 April 2026 for an initial period of eight days. It affects all drivers involved in the road transport of the specified liquid fuels within Ireland and includes the following adjustments:

• The daily driving limit is increased from 9 hours to 11 hours, permitted twice per week.
• The maximum weekly driving limit is increased from 56 hours to 60 hours.
• The fortnightly driving limit is increased from 90 hours to 102 hours.
• Weekly rest requirements are relaxed, allowing drivers to take a reduced weekly rest period of at least 24 hours each consecutive week during the derogation. There is no obligation to take a regular weekly rest period within any two consecutive weeks during this time, nor is compensation required for reduced weekly rest.

Recording and Compliance Requirements

Transport operators and drivers must ensure that all additional driving time undertaken under the derogation is properly recorded. Drivers are required to note the reasons and justification for exceeding prescribed limits on the reverse side of analogue tachograph charts or on digital tachograph printouts promptly after completing their daily working period.

It is essential to prioritise safety; drivers must not exceed limits if it compromises road safety or results in driving while fatigued. Employers retain duty for the health and safety of their employees and other road users.

Enforcement and Documentation

Enforcement of driving hours regulations in other jurisdictions remains the responsibility of the respective competent authorities. However, other EU Member States will be informed of Ireland’s temporary derogation and are obliged to consider it during enforcement activities. Drivers should not face penalties in other countries for exceeding limits in accordance with this derogation. HGV operators must implement contingency measures for emergency and urgent situations, ensuring these are documented and available for inspection. Documentary evidence supporting any additional driving time must be retained for at least 12 months. Any deviation from standard driving and rest time rules should be a last resort. During inspections, authorities will assess the overall compliance history of both drivers and operators.

Mi Compliance Advice

Operators and drivers should carefully monitor the application of this derogation to ensure compliance and maintain safety standards. It is indeed advisable to review and update internal procedures to document any extended driving hours and rest period adjustments thoroughly. For further guidance or support on managing compliance during this period, please contact Mi Compliance.

Source: https://www.gov.ie/en/department-of-transport/press-releases/minister-obrien-approves-temporary-derogation-of-driving-hours-regulations-for-road-transport-of-certain-fuel-types/