Anyone running a fleet of heavy vehicles knows the tachograph as the device that records. The rules it measures, however, live elsewhere: in Regulation (EC) No 561/2006, which sets how long a driver may drive, when they must stop and how long they must rest. In Italy, the penalties for breaking them are in article 174 of the Highway Code (Codice della Strada).
The short answer: 4 hours 30 of driving, then a 45-minute break. At most 9 hours a day (10 twice a week), 56 a week, 90 over two weeks. At least 11 hours of rest a day and 45 a week. Below, the rules one by one and the part that concerns the company.
Who they apply to
The regulation covers road transport of goods with vehicles whose maximum permissible mass exceeds 3.5 tonnes, trailer included, and passenger transport with vehicles of more than nine seats. There are exemptions (for example some public-service vehicles or vehicles with limited speed), listed in article 3.
Since 1 July 2026 the scope is wider: the rules also apply to vehicles over 2.5 tonnes used in international transport or cabotage, which must be fitted with the second-generation smart tachograph. Domestic transport with vans up to 3.5 tonnes stays out. This change was introduced by Regulation (EU) 2020/1054 and clarified in Italy by Ministry of Infrastructure circular no. 9674 of 16 April 2026.
Driving: three overlapping limits
| Period | Limit | Article |
|---|---|---|
| Daily | 9 hours, 10 no more than twice a week | art. 6.1 |
| Weekly | 56 hours | art. 6.2 |
| Two consecutive weeks | 90 hours | art. 6.3 |
The three limits apply together. A driver doing 9 hours for six days reaches 54 hours, under the weekly 56; but repeat the same week and the two together make 108 hours, well over 90. From week to week, the limit that matters is the tightest of the three.
The break: after 4 and a half hours
After 4 hours 30 minutes of driving the driver must stop for at least 45 minutes (art. 7). The break can be split into at least 15 minutes followed by at least 30, and the order matters: 30 + 15 does not count.
“Continuous driving” does not mean uninterrupted: short stops under 15 minutes do not reset the count. A driver who makes four ten-minute stops in four and a half hours has, as far as the regulation is concerned, taken no break at all.
Daily rest
At least 11 consecutive hours (art. 8), completed within 24 hours of the end of the previous rest. Two permitted variations:
- reduced rest: at least 9 hours, no more than three times between two weekly rests;
- split rest: two periods, the first of at least 3 hours and the second of at least 9.
Weekly rest
A regular weekly rest lasts at least 45 hours; it can be reduced to 24 hours under precise compensation rules. It must start no later than after six 24-hour periods from the end of the previous weekly rest (art. 8.6). The regular weekly rest cannot be taken in the cab.
Penalties in Italy
The amounts of article 174 of the Italian Highway Code, as published by ACI:
| Breach | Penalty |
|---|---|
| Driving periods exceeded | €41 to €165 |
| Daily rest not observed | €218 to €868 |
| Daily driving over the limit by more than 10% | €325 to €1,301 |
| Minimum daily rest short by more than 10% | €379 to €1,519 |
| Daily driving or minimum rest beyond 20% | €433 to €1,735 |
| Weekly driving over the limit by more than 10% | €271 to €1,084 |
| Minimum weekly rest short by more than 10% | €379 to €1,519 |
| Weekly limits exceeded by more than 20% | €408 to €1,634 |
| Breaks not observed | €168 to €672 |
| Driving on after being ordered to stop | €1,919 to €7,679 and licence withdrawn |
The heaviest row is the last: when an officer orders the driver to stop and recover the rest, and the vehicle moves off anyway, the penalty multiplies and the licence is withdrawn on the spot.
The part that falls on the company
Driving-time breaches read as the driver’s breaches, and that is only half true.
- The company is jointly liable for paying the penalties committed by the driver (art. 174, para. 13).
- The company has obligations of its own: organising work so the limits can be respected, keeping tachograph data, checking. If it fails, the penalty is €333 to €1,331 for each employee concerned (para. 14).
- The regulation forbids paying drivers according to distance travelled or load carried where this encourages breaking the limits (art. 10).
For a fleet this means driving times are not only an issue for the driver on the road: they are an issue for trip planning in the office. A trip planned to fit into 9 hours only without traffic is a breach organised before departure.
How to keep it under control
The legal record is the tachograph: it records driving, other work, availability and rest, and it is what gets checked on the road and at the company. No other tool replaces it.
What the tachograph lacks is foresight: it tells you what happened, not when it would be wise to stop in an hour’s time. The three things that really help:
- Plan trips around the limits, not around distance: a leg that needs 9 and a half hours of driving must be split before it is assigned.
- Warn the driver before the mandatory break, not after. Stopping at 4h20 at a service area is easy; finding one at 4h29 is not always.
- Look at rest between one trip and the next, not only within the trip: daily rest breaches almost always come from the next day’s shift, not the current one.
On the Unlimited plan, Fleetly runs an indicative check of driving times from the driver’s phone GPS, with a warning before the break and compliance over the last 28 days. It helps you not get there; it does not replace the tachograph, and every screen showing those numbers says so. The vehicle’s other deadlines are in the complete overview.
Note
The rules on this page are those of Regulation (EC) No 561/2006 as amended by Regulation (EU) 2020/1054. Amounts are those of article 174 of the Italian Highway Code as published by ACI, checked on 14 October 2026; administrative penalties are updated periodically. Exemptions and derogations depend on the type of transport: check the official source for your case. This guide is not a substitute for legal or employment advice.
Frequently asked questions
How many hours can a truck driver drive per day in the EU?
Nine hours, extendable to ten no more than twice a week (art. 6 of Regulation (EC) 561/2006). The weekly limit is 56 hours and the limit over two consecutive weeks is 90 hours.
After how much driving is a break mandatory?
After four and a half hours of driving, with a break of at least 45 minutes. It can be split into two parts, the first of at least 15 minutes and the second of at least 30, in that order (art. 7).
How long must daily rest be?
At least 11 consecutive hours. It can be reduced to 9 hours no more than three times between two weekly rests, or split into two periods, the first of at least 3 hours and the second of at least 9 (art. 8). It must be completed within 24 hours of the end of the previous rest.
In Italy, who pays the fine for driving-time breaches, the driver or the company?
The driver commits the offence, but the company is jointly liable for payment (art. 174, para. 13 of the Italian Highway Code). If the company fails its own organisation and record-keeping obligations, it has its own penalty of €333 to €1,331 for each employee concerned (para. 14).
Do the rules apply to vans?
In general they apply to goods transport with vehicles over 3.5 tonnes. Since 1 July 2026 they also apply to vehicles over 2.5 tonnes used in international transport or cabotage, which must have a smart tachograph. Domestic transport with vans up to 3.5 tonnes remains excluded.
Written and fact-checked by The Busy People. How we check our sources