New regime for “social matters” in road transport

Published on April 13, Decree-Law 84/2026 establishes a single, consolidated legal regime for “social matters” in road transport. In one instrument, it brings together:

• rules on driving time, breaks and rest periods;
• working-time rules for mobile employees and self-employed drivers;
• driver posting; and
• rules on installing and using tachographs, together with the related penalties regime.

Within this context, the standalone regimes that previously governed the above matters separately have been revoked.

Applicable scope

As regards working-time organization, the regime applies to mobile employees, including self-employed drivers in any sector who provide road transport services for companies established in Portugal and covered by Regulation (EC) 561/2006 or the European Agreement concerning the Work of Crews of Vehicles Engaged in International Road Transport (“AETR”).

The decree-law also applies to posted drivers and, as regards tachograph rules, to all drivers subject to Regulation (EC) 561/2006, the AETR or Regulation (EU) 165/2014, regardless of where the employer is established or has its registered office.

In practical terms, the decree-law affects more than international transporters, but also domestic operators, companies that use in-house drivers, and self-employed drivers subject to these rules.

More broadly, Decree-Law 84/2026 applies to all drivers, whether employed or self-employed, subject to Regulation (EC) 561/2006, the AETR or Regulation (EU) 165/2014, with the aim of reducing interpretive uncertainty and inconsistent application.

Main impacts

Working-time organization

Decree-Law 84/2026 largely preserves the approach already set out in Decree-Law 237/2007 of June 19 (mobile employees) and Decree-Law 117/2012 of June 5 (self-employed drivers). Key points include the following:

• Maximum weekly limits: In any one week, working time (including overtime) may not exceed 60 hours. Also, average weekly working time may not exceed 48 hours over the reference period. The reference period is generally four months, which may be extended by up to six months under a collective bargaining agreement.

• Night work: If, on a given day, an employee covers (even only partially) any part of the period between midnight and 5 a.m., working time may not exceed 10 hours in each 24-hour period, calculated from the end of the daily or weekly rest period.

• Rest periods (breaks): The workday must include at least 30 minutes of breaks where total daily working time is between 6 and 9 hours, and 45 minutes where daily working time exceeds 9 hours. In all cases, employees may not work more than six consecutive hours without a break.

• On-call time: Decree-Law 84/2026 clarifies that on-call time—understood as periods when employees are not required to remain at the workstation but must remain available for calls if needed— does not count as working time.

Driver posting

Decree-Law 84/2026 incorporates the driver-posting model set out in Decree-Law 43/2023 of June 12, including (i) posting declarations via the internal market information system, (ii) document-retention and presentation duties, and (iii) rules on ending postings and non-accumulation of posting periods.

However, the decree-law also introduces several notable additions, including the following:

• A duty on employers to provide training to drivers and make information available to them on their posting-related rights and obligations.
• A post-inspection regularization mechanism: if no posting declaration has been submitted during an inspection, the employer must submit it within 48 hours; otherwise, the applicable fine increases by 20%.

The decree-law also retains exemptions from postings in certain situations. These include bilateral operations and certain additional activities, where vehicles are equipped with a smart tachograph.

Tachograph

Decree-Law 84/2026 largely maintains the framework of the prior regime under Decree-Law 169/2009 of July 31 and Law 27/2010 of August 30. However, it also updates that framework in several respects:

• The decree-law sets out requirements for tachographs. Specifically, the tachograph must be type-approved, sealed, and fitted with a visible and accessible installation plate.

• It preserves the system of initial inspection and periodic inspections. Periodic inspections must occur at intervals of no more than two years. It also provides for additional inspections in specified technical circumstances.

• It introduces four levels of administrative offenses, including a new “most serious” category (punishable, for legal entities, by a fine from €1,500 and €7,500), in addition to very serious, serious and minor offenses.

Conduct falling within the “most serious” category, attributable to the transport company, includes:

• failure to have a control device in a vehicle used for transporting passengers or goods by road where one is mandatory;
• tampering with the control device or installing any mechanical, electronic or other tampering devices in the vehicle;
• destroying or deleting any data recorded in the control device or on the driver’s tachograph card; and
• using an analog or digital tachograph that is not type-approved, not verified or not activated.

Stricter penalties regime

Decree-Law 84/2026 maintains the approach of referring to the Portuguese Labor Code for administrative offenses related to (i) working-time organization, and (ii) social matters and posting of employees. It preserves the fine limits (set in units of account) based on category and intent (whether deliberate or negligent). Those limits are comparable to those under Law 27/2010 and Decree-Law 43/2023.

However, the decree-law provides for increased fines in the following cases: (i) a 30% increase for the transport of hazardous goods or heavy passenger transport, and (ii) a 20% increase for more significant overruns of driving-time limits.

Employer liability

Decree-Law 84/2026 maintains the principle that the employer is liable for infringements committed by the driver. However, the employer may avoid liability if it proves that it organized work to allow for compliance with European Union rules. However, the driver remains liable where the infringement involves failing to provide the company with the necessary information on driving time, working time and rest periods.

Other participants in the transport chain—such as dispatchers, freight forwarders and tour operators—may also incur liability as coparticipants.

Precautionary measures and payment by nonresidents

Decree-Law 84/2026 allows for the seizure of falsified tachograph cards and those used by anyone other than the holder. It also allows authorities to immobilize the vehicle where the driver breaches maximum driving times or minimum rest periods.

Infringers who are not resident in Portugal must provide a deposit equal to the minimum fine at the time the infringement is recorded; otherwise, authorities may impound the vehicle.

Entry into force

Decree-Law 84/2026 enters into force on July 12, 2026.

Next steps for employers

Decree-Law 84/2026 raises compliance expectations and enables more integrated enforcement, both on the road and at company premises. In light of the decree-law, employers should:

1.   review internal policies on working-time organization;

2.   audit compliance with tachograph-related obligations;

3.   update posting procedures to ensure posting declarations are submitted on time;

4.   train drivers and provide clear information on their posting-related rights and obligations;

5.   remove incentives that could undermine road safety;

6.   prepare for increased enforcement activity; and

7.   ensure mobile employees are informed of limits on working time, breaks, and daily and weekly rest periods.

For further information, please email our Knowledge and Innovation Group or your usual contact at Cuatrecasas.