New regime for the organisation of working time in the road transport sector

This Decree simplifies the legal framework relating to the working time of workers in the road transport sector, in that it consolidates the entire legal framework into a single piece of legislation, whereas previously it was scattered across a wide range of legal instruments. Consequently, the Decree repeals eight legislative acts.

It is therefore important to highlight the following points set out in the Decree:

1. Scope of application: in accordance with Article 2, the legal regime set out in the Decree applies to drivers who:

   1. Carry out road transport activities on behalf of companies established in Portugal, provided that the operations are covered by Regulation (EC) No 561/2006 or by the European Agreement concerning the Work of Crews of Vehicles Engaged in International Road Transport (AETR);
   2. Are covered by the general rules on posting set out in Articles 6 and 8 of the Labour Code.
   3. Carry out non-bilateral international transport operations of goods or passengers.
   4. Carry out cabotage operations, in accordance with Regulation (EC) No 1072/2009 (goods) and Regulation (EC) No 1073/2009 (passengers).

2. Duration and organisation of working time:

   1. The weekly working time may not exceed 60 hours, with the average limited to 48 hours over a four-month reference period;
   2. Working time may not exceed 6 consecutive hours;
   3. A break of 30 minutes is mandatory whenever the working period is between six and nine hours, and of 45 minutes if it exceeds nine hours;
   4. Night work (between midnight and 5 a.m.) means that, within a 24-hour period, the worker may not work for more than 10 hours;

3. Posting of Drivers:

   1. The employer is required to submit a posting declaration in advance via the public interface linked to the IMI system;
   2. The posted driver must carry, in paper or electronic form, proof of transport operations and the validated declaration;

4. Installation, Use of Tachographs and Data:

   1. The use of a tachograph requires type approval and sealing and is subject to periodic inspections at intervals of no more than two years;
   2. The employer has a legal obligation to transfer data from tachograph cards every 28 days and from the device unit every three months to any external medium, provided it is reliable and suitable for data storage

5. Sanctions:

   1. The Decree classifies infringements as minor, serious, very serious and of the utmost seriousness;
   2. The minimum and maximum limits of the applicable fines are increased by 30% whenever they occur in the context of the transport of dangerous goods or heavy goods vehicles;
   3. It constitutes a very serious administrative offence to award bonuses or wage supplements that depend on the distance travelled or the speed at which the journey is completed, if this jeopardises road safety.

Decree-Law No 84/2026 provides that it shall enter into force 90 days after its publication, that is, on 12 July 2026.