Driving time and rest for professional drivers

Who the rules apply to

The CTB chapter on driving by professional drivers (arts. 67-A to 67-E) applies to drivers in road freight transport and in collective road passenger transport (art. 67-A). The text makes no distinction between employed and self-employed drivers.

For employed drivers in these two sectors, the CLT adds rules on working hours, breaks and weekly rest (arts. 235-A to 235-G). The working day is 8 hours, with up to 2 hours of overtime, or up to 4 hours of overtime where there is a collective bargaining agreement (convenção or acordo coletivo) (art. 235-C).

Sources: Código de Trânsito Brasileiro (Lei nº 9.503/1997), art. 67-A; CLT (Decreto-Lei nº 5.452/1943), arts. 235-A e 235-C

Maximum driving time: 5½ hours in a row

Professional drivers may not drive for more than 5½ hours without interruption, in freight transport and in collective passenger transport alike (CTB, art. 67-C).

Only the time the driver actually spends behind the wheel, between origin and destination, counts as driving time (art. 67-C, § 4º).

In exceptional situations, justified and recorded, driving time may be extended for as long as necessary for the driver, the vehicle and the cargo to reach a place that offers the security and assistance they need, provided this does not compromise road safety (art. 67-C, § 2º).

In freight transport, it is up to the National Traffic Council (Conselho Nacional de Trânsito, Contran) to define the exceptional situations caused by a lack of stopping and rest points on the route or a lack of parking spaces at them. In those situations, the driver is not subject to the CTB penalties for failing to comply with the driving and rest times (art. 67-C, § 8º, and art. 67-E, § 1º-A).

Source: Código de Trânsito Brasileiro (Lei nº 9.503/1997), art. 67-C, caput e §§ 2º, 4º e 8º, e art. 67-E, § 1º-A

30-minute breaks

Freight transport: the driver must take 30 minutes of rest within every 6 hours of driving. The law allows this break, and the driving time too, to be divided, as long as the driver never goes over 5½ continuous hours behind the wheel (CTB, art. 67-C, § 1º).

Passenger transport: the break is 30 minutes for every 4 hours of driving, and the law also allows it to be divided, as well as the driving time (art. 67-C, § 1º-A). For employed drivers, each part of this break must last at least 5 minutes (CLT, art. 235-E, I).

As a rule, employed drivers are entitled to a meal break of at least 1 hour, which may coincide with the mandatory stop required by the CTB (CLT, art. 235-C, § 2º). In passenger transport, this break may be divided into two periods (art. 235-E, II).

Note: the option to divide applies to the 30-minute breaks. The 11-hour daily rest follows a different rule, explained below.

Sources: Código de Trânsito Brasileiro (Lei nº 9.503/1997), art. 67-C, §§ 1º e 1º-A; CLT (Decreto-Lei nº 5.452/1943), arts. 235-C, § 2º, e 235-E, I e II

Daily rest: 11 hours every 24 hours

Within each 24-hour period, the driver must take at least 11 hours of rest (CTB, art. 67-C, § 3º). A trip may only start once this rest has been completed in full (§ 6º), and neither the carrier, nor the shipper, nor any other party in the transport chain may order a driver working for them, even a subcontracted one, to drive without having completed it (§ 7º).

In 2023, ruling on Direct Action of Unconstitutionality (Ação Direta de Inconstitucionalidade, ADI) 5322, the Supreme Federal Court (Supremo Tribunal Federal, STF) declared unconstitutional the part of § 3º that allowed this rest to be split up, to coincide with the 30-minute breaks and to guarantee only 8 uninterrupted hours in the first period. The same applied to the equivalent CLT rule (art. 235-C, § 3º).

When it ruled on the motions for clarification (embargos de declaração) in October 2024, the STF established that the decision takes effect from the publication of the minutes of the judgment on the merits, in July 2023. Since then, daily rest has been at least 11 hours every 24 hours, with no splitting.

For employed drivers on long-distance trips (more than 24 hours away from the company base and from home), the CLT provides that daily rest may be taken in the vehicle; in accommodation provided by the employer, the party that hired the transport, the shipper or the consignee; or in another place that offers adequate conditions (art. 235-C, § 4º).

Sources: Código de Trânsito Brasileiro (Lei nº 9.503/1997), art. 67-C, §§ 3º, 6º e 7º; CLT (Decreto-Lei nº 5.452/1943), art. 235-C, §§ 3º e 4º; STF, ADI 5322: decisão de mérito (sessão virtual encerrada em 30/6/2023) e embargos de declaração (11/10/2024) (Supreme Federal Court case file: ruling on the merits and on the motions for clarification); STF: “STF invalida dispositivos da Lei dos Caminhoneiros sobre tempo de espera, jornada e descanso” (5/7/2023) (news release of July 5, 2023: the court strikes down provisions of the Truckers’ Law on waiting time, working hours and rest)

Weekly rest

The CTB articles on professional drivers (67-A to 67-E) do not cover weekly rest. The rule is in the CLT and applies to employed drivers.

On long-distance trips lasting more than 7 days, weekly rest is 24 hours per week or fraction of a week worked, on top of the 11-hour daily rest, for a total of 35 hours (CLT, art. 235-D).

In ADI 5322, the STF struck down the part that postponed this rest until the driver returned to the base or home, the permission to divide weekly rest into two periods (art. 235-D, § 1º) and the permission to accumulate up to three consecutive weekly rests (§ 2º). It also struck down the rule that allowed rest to be taken with the vehicle moving when two drivers share the same vehicle (art. 235-D, § 5º, and art. 235-E, III).

The CLT allows specific rules in a collective bargaining agreement in some cases, such as the schedule of 12 hours of work followed by 36 hours of rest (art. 235-F) and long-distance transport of live, perishable and special cargo (art. 235-D, § 8º).

Sources: CLT (Decreto-Lei nº 5.452/1943), arts. 235-D, 235-E e 235-F; STF, ADI 5322: decisão de mérito (sessão virtual encerrada em 30/6/2023) e embargos de declaração (11/10/2024) (Supreme Federal Court case file: ruling on the merits and on the motions for clarification)

Recording, enforcement and fines

The driver is personally responsible for monitoring and recording their driving time (CTB, art. 67-E). This is done with the tamper-proof instantaneous speed and time recorder (the tachograph), with entries in a logbook (diário de bordo), time sheet (papeleta) or external work record (ficha de trabalho externo), or by electronic means installed in the vehicle, as set out in Contran rules (art. 67-E, § 2º). Keeping, preserving and ensuring the accuracy of the recorder’s information are the driver’s responsibility (§ 4º).

On federal highways, traffic enforcement is the job of the Federal Highway Police (Polícia Rodoviária Federal, PRF), which issues fines and applies administrative measures (CTB, art. 20).

Driving in breach of the limits on time behind the wheel and on rest breaks in art. 67-C is a medium violation (infração média), punished with a fine. The administrative measure is retention of the vehicle so that the rest is taken (art. 230, XXIII). The fine for a medium violation is R$ 130.16, and the violation adds 4 points to the driver’s license (arts. 258, III, and 259, III).

If the driver committed the same violation in the previous 12 months, it becomes a serious violation (infração grave; art. 230, § 1º): a fine of R$ 195.23 and 5 points (arts. 258, II, and 259, II). For a foreign driver, the vehicle is only released after the fine has been paid or deposited (art. 230, § 2º).

Source: Código de Trânsito Brasileiro (Lei nº 9.503/1997), arts. 20, 67-E, 230, XXIII e §§ 1º e 2º, 258 e 259

Stopping and rest points

Under Lei nº 13.103/2015, the places where professional drivers rest include, among others, bus stations, stopping and support points (pontos de parada e de apoio), lodgings, hotels or guesthouses (pousadas), company or third-party cafeterias and gas stations (art. 9º, § 2º). Setting up these places is open to private initiative (art. 9º, § 3º).

Drivers and their employers may not be charged for using or staying in waiting areas under the responsibility of the carrier, the shipper or the consignee of the cargo, cargo terminal operators, customs, ports, or rail, waterway and airport terminals (art. 9º, § 1º).

The law requires the government to expand these spaces, including through clauses in highway concession contracts, and to identify and register the stopping points that meet the requirements (art. 10). Roadside businesses can ask the authority with jurisdiction over the road to recognize them as a stopping and rest point (art. 11, § 3º). The CTB requires the competent authority to publish, and periodically revise, the list of these spaces, with the number of parking spaces at each one (art. 67-C, § 9º).

On federal highways, a business applies to the Ministry of Transport (Ministério dos Transportes) for recognition as a Ponto de Parada e Descanso (PPD), an official stopping and rest point for professional drivers, and the Ministry publishes the list of certified PPDs. The PRF maintains a page on the regulated waiting and rest places on federal highways.

This site shows where gas stations, service areas, SAU bases (the roadside assistance bases run by the highway concessionárias) and rest areas are. It does not certify any place and does not indicate whether a place is recognized as a PPD. For that, check the official lists.

Sources: Lei nº 13.103/2015, arts. 9º, 10 e 11; Código de Trânsito Brasileiro (Lei nº 9.503/1997), art. 67-C, § 9º; Ministério dos Transportes: Ponto de Parada e Descanso (PPD) (Ministry of Transport: official stopping and rest points); PRF: Locais de espera, de repouso e de descanso dos motoristas profissionais (Federal Highway Police: waiting and rest places for professional drivers)

Notice

This summary is general information and does not replace the text of the law or legal advice. The rules can change, and collective agreements, contracts and Contran rules may include details that are not covered here. If in doubt, check the official text, your drivers’ union or a lawyer. If you find something out of date, let us know.