Passenger transport companies may extend driving hours due to forest fires

The Directorate General for Road and Rail Transport has issued a resolution (BOE-A-2026-17811) establishing temporary exceptions to the driving and rest time regulations for passenger transport services. This measure responds to the emergency situation caused by the forest fires in Burgohondo (Ávila) and Fermoselle (Zamora), allowing for greater flexibility in driver schedules to facilitate the evacuation and protection of affected populations.

What changes

Under the authority granted by Article 14.2 of Regulation (EC) No 561/2006, the resolution modifies the standard working limits for drivers involved in the emergency response. According to the "Primero" section of the resolution, the following changes are now applicable to the affected transport operations:

• Daily driving limits: The maximum daily driving time is increased from 9 hours to 11 hours (replacing the limit set in Article 6.1 of Regulation 561/2006).
• Weekly driving limits: The maximum weekly driving time is extended from 56 hours to 60 hours (replacing the limit set in Article 6.2 of Regulation 561/2006).
• Bi-weekly driving limits: The maximum driving time over a two-week period is increased from 90 hours to 120 hours (replacing the limit set in Article 6.3 of Regulation 561/2006).
• Daily rest periods: The minimum required daily rest is reduced from 11 hours to 9 hours (replacing the requirement in Article 8.1 of Regulation 561/2006).

Context

The European Regulation (EC) No 561/2006 was established to harmonize social provisions in the road transport sector, specifically regarding driving times, breaks, and rest periods. These rules are designed to ensure road safety and improve working conditions for drivers. However, the regulation recognizes that unforeseen and unavoidable emergencies can make full compliance impossible.

Article 14.2 of said Regulation allows Member States to establish temporary exceptions for a maximum period of thirty days in cases of urgency. This specific resolution is triggered by the extreme circumstances in Spain: the massive forest fire in Burgohondo (Ávila) starting July 22, 2026, and the fire in Fermoselle (Zamora) starting July 29, 2026. These events required the immediate mobilization of transport entities to assist in the evacuation and relocation of residents, creating a logistical necessity that exceeds standard regulatory limits.

Who is affected and how

This resolution does not apply to the entire transport sector, but is strictly limited to those operating within the scope of the emergency areas in Ávila and Zamora.

SMEs and Transport Companies

Passenger transport companies (SMEs) operating in the affected zones gain the ability to manage their fleets more aggressively to meet the sudden demand for evacuations. While they can increase driving hours to ensure service continuity, they must ensure that these exceptions are strictly applied to the operations necessitated by the fire emergency. The primary benefit is the operational capacity to move large numbers of people without violating EU labor laws, provided they stay within the new limits defined in the resolution.

Self-employed Drivers (Autónomos)

Individual transport operators or self-employed drivers providing passenger services in the Burgohondo or Fermoselle areas can benefit from the extended driving windows. This allows them to respond to emergency requests from local authorities or the Junta de Castilla y León without the risk of administrative sanctions for exceeding the standard 9-hour daily limit or the 11-hour rest requirement.

What to do and when

Affected entities must act with precision to ensure that the use of these exceptional limits is legally defensible during inspections. The following steps are recommended:

• Verify operational scope: Ensure that the driving time extensions are only applied to trips directly related to the emergency response in the specified municipalities (Burgohondo and Fermoselle) as per the "Primero" article of the resolution.
• Update tachograph records: Drivers must be aware that while the limits are extended, they must still adhere to the new thresholds (e.g., 11 hours daily instead of 9) and ensure that the reason for the exception is documented in the context of the emergency.
• Monitor the 30-day limit: Since Article 14.2 of Regulation (EC) No 561/2006 limits such exceptions to a maximum of thirty days, companies must prepare to revert to standard driving and rest schedules once the emergency period or the legal window expires.

Given the complexity of labor regulations in the transport sector, we recommend consulting with the specialized labor area at BMC to evaluate how these temporary changes impact your specific fleet management and driver contracts.