Railway companies must adapt driving schedules to include intermediate work periods

The Spanish Government has enacted Royal Decree-Law 34/2026, of November 10, through which it introduces urgent measures to reinforce operational safety in rail transport and enhance the social protection of railway personnel. This regulation, published in the BOE (BOE-A-2026-23603), specifically addresses the legal ambiguity surrounding the calculation of working hours for train drivers during short intervals between driving services.

What changes

The core of this reform lies in the modification of Article 36 of Royal Decree 929/2020. Previously, a gap existed in the legal framework regarding periods that did not qualify as either "driving time" or "rest breaks." Under the previous regime, a break had to last at least 45 minutes to be considered a pause where the driver was not responsible for the train and could not be required to perform any activity. If a period was shorter than 45 minutes, it often fell into a legal vacuum: it was not driving time (as the driver was not actively operating the vehicle), but it was also not a formal rest break (as it lacked the required duration and the driver might still be performing tasks).

The new regulation clarifies that any intermediate period, even if it lasts less than 45 minutes, must be computed as working time if it involves any form of professional activity. This ensures that drivers are not performing duties—such as station duties, vehicle checks, or other operational tasks—without those minutes being officially recorded in their working day. This change is designed to prevent the extension of continuous driving hours through the accumulation of uncounted work periods, thereby prioritizing operational safety and driver fatigue management.

Context

This Royal Decree-Law is an urgent intervention necessitated by the evolution of modern rail traffic. As passenger travel times decrease and service frequencies increase, it has become standard for drivers to perform multiple services in a single day (for example, a round trip) with short intervals in between. The existing framework, established by Royal Decree 929/2020, was insufficient to manage these modern operational realities.

Legally, this Decree-Law modifies several key pieces of legislation. Most significantly, it modifies Articles 36 and 146.1 of Royal Decree 929/2020, with the specific effects regarding driving time computation coming into force on May 11, 2027. Furthermore, it modifies Chapter IV of Title V and Article 110.1 of Law 38/2015, which relates to the supervision and inspection powers of the State Railway Safety Agency (AESF). By clarifying these rules, the government seeks to provide a more robust legal basis for both labor rights and safety inspections, ensuring that the AESF can effectively monitor compliance with working hour limits.

Who is affected and how

Large Companies (Railway Operators and Infrastructure Managers): This is the group most heavily impacted. According to the third final provision (disp. final tercera), these entities are legally obligated to adapt their driving schedules and the overall organization of work for drivers. They must implement new systems to track and compute these short intermediate periods to ensure compliance with the updated labor and safety standards. Failure to reorganize these schedules could lead to non-compliance with safety protocols and labor regulations.

Railway Drivers (Train Drivers/Maquinistas): For the workforce, this regulation provides much-needed legal certainty and protection. Drivers will see their actual working hours more accurately reflected in their service records. By ensuring that all periods of professional activity are counted as work, the law prevents the "hidden" extension of the working day, which is critical for preventing fatigue and ensuring that mandatory rest periods are respected and effective.

State Railway Safety Agency (AESF): The regulation also strengthens the supervisory role of the Agency. It clarifies that railway entities must facilitate access to facilities, rolling stock, and equipment when the Agency performs inspections, even if the inspection involves a different entity operating on the same infrastructure. This ensures that safety oversight is not hindered by jurisdictional complexities between different operators and infrastructure managers.

What to do and when

The implementation of these measures follows a specific timeline that requires proactive management by railway companies:

• Immediate Action: Railway operators should begin a technical and legal audit of their current driving schedules (gráficos de conducción) to identify all intermediate periods currently being treated as non-working time.
• Operational Reorganization: Companies must design new work organization models that integrate these short periods into the official working day, as mandated by the third final provision (disp. final tercera) of Royal Decree-Law 34/2026.
• Compliance Deadline: While the Decree-Law is in effect, the specific modifications to Articles 36 and 146.1 of Royal Decree 929/2020—which govern the actual computation of driving times—will officially take effect on May 11, 2027. Companies have this window to ensure their digital and manual tracking systems are fully compliant with the new criteria.

Given the complexity of reorganizing labor shifts and the potential impact on operational costs and safety audits, we recommend that companies consult with the specialized labor and legal departments at BMC to ensure their transition to the new regime is seamless and legally sound.