Minister O’Brien approves temporary derogation of driving hours regulations for road transport of certain fuel types

Ongoing blockades of key transport routes resulting in prolonged journey times are placing a strain on all of the travelling public, including those who drive for work. Minister for Transport Darragh O’Brien today (11 April) approved a temporary derogation from certain driving hours and rest period requirements for road hauliers transporting liquid fuel used for home heating oil or as a propellant within Ireland. Approval was granted in light of the evolving situation and the anticipated levels of fuel demand. This will enable reasonable flexibility for drivers and businesses to keep supply chains moving while also balancing driver welfare and road safety objectives.

The derogation was granted pursuant to Article 14 (2) of Regulation (EC) No 561/2006, as follows:

The following derogations will be applied from 11 April 2026 for an initial period of 08 days to all drivers involved in the road transport of liquid fuel used for home heating oil or as a propellant within Ireland.–

• the daily driving limit is increased from 9 hours to 11 hours two times 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.
• the rules relating to weekly rest are being relaxed by allowing drivers to take a reduced weekly rest of at least 24 hours in each consecutive week during the relaxation period. There will be no obligation on a driver to take at least one (1) regular weekly rest period in any two consecutive weeks until the derogation expires. Furthermore, there will not be any requirement for compensation where reduced weekly rest is being taken.

Transport operators and drivers must ensure that appropriate arrangements are in place to record any extra driving time being undertaken by drivers availing of the derogation. Drivers must record on the back of their analogue tachograph charts or digital tachograph printouts (as soon as they finish their daily working period) the reasons and justification why they are exceeding the prescribed limits.

It is imperative to protect the safety both of drivers and of other road users. Drivers should not deviate from the rules if it jeopardises road safety, nor should they be expected to drive whilst tired. Employers remain responsible for the health and safety of their employees and other road users.

Enforcement of driving hours rules in other jurisdictions is a matter for the relevant competent authorities in each country. However, other Member State authorities will be notified of the temporary derogation taken by Ireland, and those countries are obliged to take the details of the derogation into account for enforcement purposes (for example, drivers should not be subject to enforcement in any other jurisdiction for exceeding the rules in accordance with the temporary derogation).

HGV operators must put in place contingency measures to cater for emergency and urgent situations, and this must be properly documented and retained for inspection. Documentary evidence in support of the reason for taking extra driving should be retained for at least 12 months. Any deviation from the driving and resting time rules must be a last resort. During inspections, the history of the driver and operator’s overall compliance with the rules will be carefully assessed.