Passenger transport operators may extend driving hours due to railway accident

The Directorate General for Road and Rail Transport has issued a Resolution on November 5, 2026, establishing a temporary exemption from the driving and rest time regulations for passenger transport services. This emergency measure, triggered by the severe railway accident on the Madrid-Sevilla line on October 28, 2026, aims to maintain essential mobility through alternative bus services and the reinforcement of regular road transport lines.

What changes

To mitigate the impact of the rail connection interruption, the Resolution modifies the application of Regulation (EC) No. 561/2006. The following specific adjustments to driving and rest times are authorized under the provisions of the "Primero" article:

• Daily driving limits: The maximum daily driving time is increased from 9 hours to 11 hours (Art. Primero, modifying Art. 6.1).
• Weekly driving limits: The maximum weekly driving limit is increased from 56 hours to 60 hours (Art. Primero, modifying Art. 6.2).
• Bi-weekly driving limits: The maximum bi-weekly driving limit is increased from 90 hours to 120 hours (Art. Primero, modifying Art. 6.3).
• Daily rest periods: The required daily rest period is reduced from 11 hours to 9 hours (Art. Primero, modifying Art. 8.1).
• Weekly rest postponement: It is now possible to postpone the start of the weekly rest period beyond six 24-hour periods, without exceeding 12 consecutive 24-hour periods (Art. Primero, modifying Art. 8.6).

Context

The current regulation regarding driving times, breaks, and rest periods is governed by Regulation (EC) No. 561/2006. This European framework was designed to harmonize social provisions in the road transport sector, ensuring fair competition and road safety. However, Article 14.2 of said Regulation provides a critical legal mechanism for Member States: in cases of urgency, temporary exceptions to the rules regarding driving and rest times (Articles 6 to 9) may be established for a maximum period of thirty days.

The Spanish administration has invoked this specific article due to the "exceptional and sudden circumstances" caused by the accident near Urda (Toledo), which immediately severed the rail link between Madrid and Andalusia. This Resolution serves as the formal legal instrument to allow road transport to absorb the demand previously handled by the rail network, ensuring that the sudden loss of capacity does not result in a total paralysis of passenger mobility between these key regions.

Who is affected and how

The scope of this exemption is strictly limited to specific operators and services operating within the affected provinces and routes. The following profiles are impacted:

• Large transport companies: Major operators participating in the alternative transport plans established by railway companies (Renfe, Iryo, or OUIGO) or those reinforcing regular lines connecting the affected provinces are granted the flexibility to use more drivers or longer shifts to meet the sudden demand.
• SMEs (Small and Medium Enterprises): Transport companies that have been contracted to provide emergency shuttle services or to bolster regular bus routes in the Madrid-Andalusia corridor can benefit from these extended limits to maintain service continuity without violating EU social regulations.
• Self-employed drivers (Autónomos): Individual drivers participating in these emergency transport plans or reinforcement services are also covered by these temporary exceptions, provided their activities fall within the specified timeframe and service type.

What to do and when

The exemption is not automatic for all road transport; it is strictly tied to the emergency context and specific operational requirements. Operators must adhere to the following timeline and obligations:

• Effective Period: The exemption is valid from 00:00 on October 28, 2026, until 23:59 on November 1, 2026 (Art. Segundo).
• Mandatory Reporting: Any passenger transport operator participating in the aforementioned services who requires the application of this exemption is legally obligated to communicate the license plates of the vehicles used to the Subdirección General de Inspección del Transporte por Carretera y Ferrocarril (via email at sgi.tcyf@transportes.gob.es) (Art. Segundo).
• Legal Recourse: If an operator wishes to challenge this Resolution, an appeal for reversal (recurso de alzada) may be filed before the Secretaría General de Transporte Terrestre within one month following the day after its publication in the BOE (Art. Tercero).

Given the technical nature of transport inspections and the potential for sanctions if the reporting of vehicle plates is neglected, we recommend that operators coordinate closely with their legal and operational departments. For any specific inquiry regarding the application of these limits to your fleet, please contact the relevant area at BMC.