Split Daily Rest 3+9 – What the Law Says and When You Can Use It

The split daily rest option is defined under Regulation (EC) 561/2006.

Normally, a daily rest must be:

• 11 consecutive hours (regular daily rest)
  OR

• 9 consecutive hours (reduced daily rest)

However, the regulation allows a third option:

Daily rest can be split into:

3 hours + 9 hours

But only in that order.

Is 3+9 Mandatory?

No.

Split daily rest is optional.

You are not required to use it.

It is simply an alternative to taking 11 consecutive hours.

What Does the Law Require Exactly?

For split daily rest to be valid:

• First period must be at least 3 continuous hours

• Second period must be at least 9 continuous hours

• Total must equal at least 12 hours

Important:

The 3-hour block must come first.

If you take 9 hours first and 3 hours later, it does NOT qualify as split daily rest.

When Does the New Working Day Start?

The new 24-hour period starts:

From the end of the last daily or weekly rest.

Example:

Finish daily rest at 06:00.
Your 24-hour period runs until 06:00 the next day.

Within that 24-hour window, your full daily rest (including split rest) must be completed.

This is where drivers often make mistakes.

Practical Example – Correct Split Rest

06:00 – Start shift
11:00–14:00 → 3 hours rest
Work continues
21:00–06:00 → 9 hours rest

This is valid split daily rest.

Total rest = 12 hours.

Practical Example – Incorrect Order

06:00 – Start shift
21:00–06:00 → 9 hours rest
Later same day → 3 hours rest

This does NOT qualify as split rest.

The 3-hour block must come first.

Does It Count as Reduced Daily Rest?

No.

Split daily rest (3+9) is considered a regular daily rest.

It does NOT count as one of the three reduced daily rests allowed between weekly rests.

This is a major advantage if used correctly.

Does It Apply to All Transport Types?

Yes.

Split daily rest applies to:

• National transport

• International transport

• Goods transport

• Passenger transport

There is no restriction by transport type.

What Happens If You Get It Wrong?

If:

• The order is wrong

• The 3-hour period is shorter than 3 hours

• The 9-hour period is shorter than 9 hours

• The full rest is not completed within 24 hours

It becomes an infringement.

Inspectors check:

• Order

• Duration

• 24-hour compliance

Why Drivers Misuse This Rule

Common mistakes:

• Taking 2h 50min instead of 3 hours

• Reversing 9+3

• Forgetting the 24-hour window

• Thinking it reduces working day length

Split rest does NOT extend your working day beyond legal spread.

When Is Split Daily Rest Useful?

It is particularly useful when:

• Waiting long periods during the day

• Working irregular schedules

• Operating in urban delivery environments

• Facing unpredictable traffic conditions

It provides flexibility — but only if used correctly.

Final Advice

3+9 is not random.

Order matters.
Timing matters.
The 24-hour rule matters.

Used correctly, it gives flexibility without using reduced daily rest allowances.

Used incorrectly, it leads to immediate infringements.