Driving home: the +1h / +2h rule and its pitfalls
Updated on 13 June 2026 · by Yann, working truck driver
Article 12 of Regulation 561/2006 allows, in certain cases, a slight excess of driving time to return home or to the depot before a weekly rest period. A welcome relief — but subject to strict conditions; otherwise it becomes an infringement again. This page quotes the official text word for word, and also says what Article 12 does NOT allow.
This is one of the most misunderstood rules, and one of those you read the most contradictory things about. Many believe they are “entitled to 2 extra hours” every week, no strings attached. Others think you have to be on your sixth day. Neither is true. Here is exactly what the text says, article by article, with the link to the official source at the bottom of the page.
1. What Article 12 allows
Regulation 561/2006, as amended by the Mobility Package (Regulation 2020/1054), allows a driver to exceed the daily and weekly driving time in order to reach their place of residence or the employer's operational centre and take a weekly rest there:
➕1hUp to 1 hour of excess, to take a weekly rest period there — the text does not say which one, so reduced or regular, both count.
➕2hUp to 2 hours of excess, on two further conditions: having taken an uninterrupted 30-minute break immediately before the additional driving, and the rest waiting for you must be a regular weekly rest period (at least 45 h).
The text, word for word
« Provided that road safety is not thereby jeopardised, in exceptional circumstances, the driver may also depart from Article 6(1) and (2) and Article 8(2) by exceeding the daily and weekly driving time by up to one hour in order to reach the employer’s operational centre or the driver’s place of residence to take a weekly rest period. »
« Under the same conditions, the driver may exceed the daily and weekly driving time by up to two hours, provided that an uninterrupted break of 30 minutes was taken immediately prior to the additional driving in order to reach the employer’s operational centre or the driver’s place of residence for taking a regular weekly rest period. »
Two details almost nobody picks up. First, the +1 h applies to any weekly rest: the text says “a weekly rest period”, with no qualifier. Many sites wrongly reserve it for the reduced rest. Second, the +2 h only opens onto a regular rest: if you are driving home for a 24-hour rest, you are entitled to +1 h, not +2 h — even with the 30-minute break.
And the two do not add up. “Two hours at most” is a ceiling that replaces the first one, not a bonus stacked on top of it. The absolute maximum is two hours.
2. What Article 12 does not allow
This is where most of the nasty surprises hide. The text spells out which articles may be derogated from: Article 6(1) and (2) (daily and weekly driving) and Article 8(2) (daily rest). Nothing else. Everything else still applies during your additional driving:
⛔The 45-minute break after 4 h 30 (Article 7) is still owed. The excess does not entitle you to drive straight through: if your 4 h 30 falls inside the extra hour, you stop — the driving and break rules.
⛔The six 24-hour period deadline (Article 8(6)) is not pushed back. Your weekly rest must still start no later than the end of the sixth 24-hour period following the end of the previous one. The +1 h / +2 h is there to get you home before that limit, not to move it.
⛔The 90 hours over two consecutive weeks (Article 6(3)) remains a hard ceiling: how your working time is counted.
⛔No other destination. The text names two places: the employer's operational centre, or your place of residence. Not the next customer, not a “handier” lay-by.
This is the answer to the question that comes up most often: no, nowhere does it say the derogation must fall on the sixth day. The confusion comes from Article 8: that is what requires the weekly rest to start before the end of the sixth 24-hour period. The two rules often cross in real life — you use the +1 h precisely because you are racing that limit — but they are two separate texts, and one is not a condition of the other.
3. The four conditions, without missing one
✅Exceptional circumstances. The text says “in exceptional circumstances”. This is not a weekly credit of hours: systematic use, every Friday, defends poorly in front of an enforcement officer.
✅Road safety must not be jeopardised. Fatigue, weather, road conditions: you are the one who judges, and the one who answers for it.
✅The reason written by hand, on the record sheet, a printout from the tachograph or the duty roster, at the latest on arrival at the destination or at the suitable stopping place. Without that entry, the derogation can no longer be proven: how to keep a record that holds up.
✅The compensation. The time exceeded is made up by an equivalent period of rest taken en bloc with another rest period, by the end of the third week following the week of the excess. “En bloc” means in one go: it is not sliced up.
4. Not to be confused with: the other derogation in the same article
Article 12 contains two different derogations, and they get mixed up constantly. The first paragraph — the older one — allows departure from Articles 6 to 9 “to enable the vehicle to reach a suitable stopping place”, to the extent necessary for the safety of persons, of the vehicle or its load. That one has neither an hourly ceiling nor compensation, but it demands a genuine safety reason: an accident, a storm, a full rest area. It is not the drive home — that is described in checks, derogations and fines.
The +1 h / +2 h, by contrast, is an addition from the 2020 Mobility Package, with its own ceiling, its break condition and its compensation obligation. Invoking one while thinking of the other is the surest way to lose an appeal.
5. Also not to be confused with: the right to return home
Another source of confusion: Article 8(8a), which obliges the undertaking to organise the work so that you can return to the operational centre or to your home every four weeks and spend at least one regular weekly rest there. That is an obligation borne by the employer, by their planning.
The +1 h / +2 h, by contrast, is borne by you and concerns your driving time, on a given evening. Both talk about getting home; they do not replace each other. The detail of the right to return is in our guide Rest, compensation and returning home.
6. Why TruckerMaster flags it anyway
This derogation is still an excess. If a single condition is missing — reason not written down, no 30-minute break before the +2 h, a reduced rest at the end of a +2 h, forgotten compensation — a roadside check can reclassify it as an offence. That is why the app keeps warning you: not to bother you, but so that you check you are meeting every condition and that you do not forget the compensation.
TruckerMaster's alerts are provided for information, to help you understand and remember your own activity. They are not legal proof. If in doubt, refer to the official text and get proper advice.
Sources
- → Regulation (EC) No 561/2006, consolidated text as at 22 May 2024 — Articles 6, 7, 8 and 12.
- → Regulation (EU) 2020/1054 (Mobility Package) — this is what added the +1 h / +2 h to Article 12.
The quotations on this page are taken from the consolidated text published by EUR-Lex. That text is a documentation tool: the authentic versions are those published in the Official Journal of the European Union.
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