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BOE-A-2026-23603 ·11 November 2026 ·Royal Decree-Law critical
Labour

Railway companies: must adapt train drivers' duty rosters to account for intermediate working periods

Royal Decree-Law 34/2026 amends Royal Decree 929/2020 to clarify the calculation of driving and working times for railway personnel. The regulation aims to address intermediate periods between driving services that, being shorter than 45 minutes, did not qualify as breaks or driving time but involve work activity (art. 36 RD 929/2020). The goal is to eliminate ambiguity in duty rosters and ensure operational safety.

In 2 key points

  1. Intermediate periods of less than 45 minutes must be counted as working time if they involve work activity (art. 36 RD 929/2020)
  2. Companies must adapt their driving schedules and work organisation to the new conditions (disp. final tercera)

How it affects those involved

For railway companies and infrastructure managers, the regulation imposes an obligation to reorganise driving schedules and work organisation to integrate these intermediate periods (third final provision). Drivers will have their working hours regularised, preventing periods of non-driving work activity from being incorrectly excluded from calculations. Compliance requires an operational adaptation of shifts to align with the new safety and working time calculation criteria.

Frequently asked questions

How are periods of less than 45 minutes between driving services calculated?
They must be counted as working time if staff perform other work activities, even if they are not in charge of driving (Art. 36 RD 929/2020).
When must railway companies apply these changes to their shifts?
The entry into force is deferred to allow companies and managers to adapt their driving schedules and work organisation (third final provision).

Lifecycle

2026-11-11PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BMC.
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