Night work is a common reality in the road freight transport sector, especially among truck drivers . However, this type of workday brings with it a strict set of legal obligations that fleet managers cannot ignore. From working hours and rest periods to mandatory compensation and safety requirements, compliance with Portuguese and European legislation is essential to ensure not only legal compliance , but also the safety of drivers and the operational efficiency of the company.
In this article, we explain everything fleet managers need to know about night work , based on current legislation, including the Portuguese Labour Code and Regulation (EC) No. 561/2006 . We also present good practices to facilitate shift management and avoid sanctions, and show how Seeptrucker can be a strategic ally in meeting these demands.
Introduction to night work in the transport sector
In the transport sector, night work plays a key role in maintaining the supply chain and ensuring the timely delivery of goods. The need to operate outside of daytime hours is often unavoidable, especially for road freight transport companies that need to meet tight deadlines, avoid city traffic or access logistics platforms with restricted opening hours.
According to Portuguese law , night work is considered to be that carried out for a minimum period of seven consecutive hours, including the interval between 00:00 and 05:00, and this period may be adjusted by collective bargaining. However, for truck drivers , this regime must be combined with the specific European Union rules regarding driving times, breaks and rest periods.
Fleet managers therefore face a dual challenge: ensuring compliance with national and European law and, at the same time, ensuring the safety, performance and motivation of drivers working at night. Ignorance or poor management of night shifts can lead to serious consequences, such as fines, loss of licenses, fatigue at the wheel and accidents.
It is in this context that understanding the legal regime of night work and adopting good management practices becomes essential for any road transport company. In the following topics, we will explore in detail what the legal obligations are and how managers can ensure compliance , minimizing risks and improving the operational efficiency of the fleet .
What does Portuguese law say about night work?
Portuguese legislation defines night work in the Labour Code , namely in articles 73 to 75. In general, night work is considered to be that which occurs between 10 pm and 7 am , although this interval may be adjusted by collective labour regulation instruments , as long as it respects the mandatory minimum period of seven consecutive hours, including the interval between midnight and 5 am.
Legal definitions and limits
According to article 73 of the CLT , an employee is considered a night employee if he/she performs, during the night period:
- At least three hours of your daily working time on a regular basis
or
- At least one third of your annual working time
As regards the duration of work, the law requires that night work does not exceed eight hours per day , except in expressly authorised cases, in particular when the worker has adequate compensatory rest periods.
Corporate obligations
Companies that have drivers working at night are required to:
- Assess the risks associated with night work ;
- Ensure regular medical examinations for night workers (before starting work and periodically thereafter);
- Ensure that working hours respect legal limits ;
- Offer appropriate compensation , such as increased pay or reduced working hours, as provided for in the collective bargaining agreement or company policy.
Articulation with the road transport sector
In the case of HGV drivers , the Labour Code must be combined with Regulation (EC) No 561/2006 , which defines specific rules for driving times, breaks and rest periods in road transport. Although this regulation is generally applicable in the European Union, in Portugal it must be respected simultaneously with the national regime, especially with regard to compensation and the protection of workers’ health.
Specifics for heavy drivers
In the case of heavy vehicle drivers , night work must be managed with special care, as there are specific rules defined by European legislation , which complement the Portuguese Labour Code. These rules are fundamental to guarantee road safety, the health of drivers and the legal compliance of transport companies.
Regulation (EC) No 561/2006 – Driving and rest times
This regulation establishes maximum driving times , minimum break periods and mandatory daily and weekly rest periods for drivers operating in road freight transport. Although the regulation does not directly address the concept of “night work”, its effects are decisive for its management, especially when shifts include periods between midnight and 5 am.
The main points include:
- Maximum daily driving time : 9 hours (can be extended to 10 hours twice a week).
- Mandatory break : 45 minutes after 4 hours and 30 minutes of driving.
- Daily rest : minimum of 11 consecutive hours (or 9 hours, in specific cases).
These rules apply regardless of whether the work is daytime or nighttime , which requires even more rigorous planning when drivers are active at night.
Limits on night work for drivers
Directive 2002/15/EC – transposed into national legislation by Decree-Law No. 237/2007 – also defines that mobile workers , such as drivers, cannot exceed 10 hours of night work per 24-hour period , unless there is a collective agreement to the contrary.
Furthermore, the following must be guaranteed:
- Compensatory time off after night work;
- Periodic medical assessments to prevent risks associated with fatigue;
- Reliable recording of working times, breaks and rest periods (usually done with digital tachographs ).
The importance of monitoring for fleet managers
For fleet managers , these specificities represent a daily challenge: they need to ensure that drivers do not exceed legal limits, that they take the required breaks and that they have adequate rest time before returning to the road. Non-compliance can result in significant fines , loss of licenses and, above all, compromise road safety.
Fortunately , there are now technological solutions, such as Seeptrucker ‘s , that facilitate real-time monitoring of driving and rest times, helping managers stay within legal limits, even during night operations.
Fleet manager obligations
Effective management of night work in road freight transport does not only depend on drivers complying with the law — it requires an active and responsible role from fleet managers . They are the ones who must ensure that operations are carried out within legal limits, protecting both the company and the drivers.
Shift planning based on legislation
The fleet manager must plan driving schedules based on:
- In the Portuguese Labour Code , which establishes limits and compensations for night work ;
- In Regulation (EC) No 561/2006 , which defines maximum driving times and minimum rest periods;
- In Directive 2002/15/EC and associated national legislation (Decree-Law No. 237/2007), which limit the total time spent working at night to 10 hours in each 24-hour period.
This means that whenever a shift covers the period legally defined as night work, the manager must adapt the planning in order to:
- Ensure minimum rest between shifts;
- Avoid exceeding the total night work time;
- Schedule breaks and shifts safely and efficiently.
Monitoring and recording of working times
One of the central duties of a fleet manager is to keep reliable records of drivers’ working times, breaks and rest periods . This task is essential for :
- Avoid legal sanctions;
- Identify potential fatigue risks;
- Document compliance with standards in the event of inspection by ACT or IMT.
Tools such as the Seept r ucker system allow automatic integration with digital tachographs , facilitating real-time monitoring and data storage in a legally valid manner.
Ensure the health and safety of drivers
Night work , especially when prolonged or poorly managed, can significantly increase the risks of fatigue, human error and accidents. Therefore, it is up to the fleet manager to:
- Schedule periodic medical examinations , as required by law;
- Adjust shifts according to the health status of drivers;
- Promote a culture of safety where drivers feel supported and valued.
Training and communication
The legislation is complex and is constantly being updated. Therefore, managers must provide ongoing training on:
- Night driving limits;
- Road safety rules;
- Use of equipment (such as tachograph).
Furthermore, regular communication with drivers is essential to identify difficulties, adjust schedules and ensure that compliance with the law does not compromise productivity.
Risks and penalties for non-compliance
Failure to comply with the rules on night work by road transport companies — and, in particular, by fleet managers — can have serious consequences, both from a legal and operational point of view .
Legal penalties and fines
In Portugal, the Authority for Working Conditions (ACT) and the Institute for Mobility and Transport (IMT) are the main bodies responsible for supervising companies in the transport sector. Failure to comply with legal regulations on night work may result in :
- Fines between €612 and €9,690 , depending on the severity of the infringement (as per article 554 of the Labour Code);
- serious offences , in the event of lack of records, illegal shifts or failures to compensate for night work;
- Suspension of activity or loss of licenses , when non-compliance poses a risk to road safety;
- Legal proceedings , in situations involving accidents resulting from fatigue or injuries to drivers.
These sanctions may fall on both the company and the manager responsible for the fleet , who is considered jointly responsible for organizing the work.
Operational and reputational impacts
In addition to legal penalties, poor management of night work can cause serious operational damage:
- Delays in the delivery of goods due to excessive working hours or mandatory breaks not being taken;
- Increased absenteeism due to fatigue, stress or illnesses related to irregular schedules;
- Greater turnover of drivers , who are looking for fairer and safer working conditions;
- Reputational damage , affecting the company’s image before customers, partners and authorities.
These indirect effects have a direct impact on the profitability of the business and the competitiveness of the fleet in the market.
Prevention as the key to success
The best way to avoid these risks is to invest in preventive and proactive management. Tools like Seeptrucker ‘s allow fleet managers to monitor compliance with schedules in real time, generate automatic alerts about legal limits and keep auditable records in the event of an inspection.
Additionally, good practices such as ongoing training , strategic route planning and balanced shift management help to create a safer and legally robust work environment.
Best practices in night work management: how Seeptrucker can help
Managing night work effectively is a constant challenge for fleet managers , especially when it comes to keeping operations within legal limits, preserving the health of drivers and ensuring the company’s profitability. Adopting good management practices , combined with technology, is essential to achieving this balance.
Intelligent schedule and route planning
night work management is strategic planning:
- Distribute shifts equitably, respecting the maximum limits for night work;
- Ensure that rest periods are properly adhered to;
- Optimize routes to minimize time on the road during peak hours (between 00:00 and 05:00).
With Seeptrucker , fleet managers can plan based on real driving data , predict non-compliance situations and reorganize shifts easily and safely.
Real-time monitoring and automatic alerts
Seeptrucker ’s platform offers:
- Integration with digital tachographs , ensuring automatic data collection;
- Real-time alerts when there is a risk of exceeding driving times or violating work rules;
- Customized reports that help you anticipate problems and make evidence-based decisions.
These features significantly reduce the risk of misdemeanors and increase confidence in the operation.
Promoting driver health and safety
Fatigue associated with night work is one of the main causes of accidents in the transport sector. Good practices that management should adopt include:
- Ensure that drivers undergo periodic medical examinations as required by law;
- Reduce the number of consecutive nights a driver works;
- Provide adequate breaks, rest areas and psychological support if necessary.
Seeptrucker helps identify risk patterns related to irregular working hours, allowing you to intervene before incidents occur .
Continuous training and culture of compliance
Creating a culture of safety and legality depends on well-informed drivers and attentive managers. Seeptrucker ’s platform makes it easy to:
- Sharing updated information on legislation and good practices;
- Training on the correct use of the tachograph and compliance with night work;
- Consolidation of a preventive rather than reactive approach.
Reporting and auditing made easy
In the event of an ACT or IMT inspection, Seeptrucker provides comprehensive and organized reports, making it easier to prove compliance with the legislation . This level of preparation is a critical asset to avoid fines, penalties and interruptions in operations.
night work can be transformed into a safe, legal and productive part of the operation. Seeptrucker positions itself as a strategic partner in the modernization of fleet management, supporting companies that want to grow with confidence and responsibility.
Conclusion
Night work in the transport sector is an unavoidable reality for many companies, especially in road freight transport. However, operating at night entails strict legal obligations , specific risks to the health and safety of drivers and significant challenges for fleet managers .
Complying with the law is not just a matter of avoiding fines — it is an ethical and strategic responsibility. Effective night work management contributes to safer, more productive and sustainable operations, protecting the company’s reputation and valuing its employees.
Tools like Seeptrucker are fundamental allies in this process, offering technology, real-time data and solutions that help managers prevent risks , ensure compliance and optimize operations intelligently .
By adopting good practices and investing in modernizing fleet management, companies position themselves to face the challenges of the present with confidence and prepare for a more efficient, safe and legally sound future.
Frequently Asked Questions – FAQ
1. How many hours Can a truck driver work during the night shift?
According to Portuguese and European legislation, a truck driver cannot exceed 10 hours of night shift work per 24-hour period , unless there is a collective agreement that allows another limit. It is essential that fleet managers ensure compliance with this rule to avoid violations and risks to road safety.
2. What happens if a transportation company fails to comply with night work rules?
Failure to comply can result in fines ranging from R$612 to R$9,690 , in addition to possible very serious infractions . In more serious situations, the company may even lose its operating license or be held legally liable, especially if it is involved in fatigue-related accidents.
3. How can Seeptrucker help with night work management?
Seeptrucker provides a platform that allows fleet managers to monitor driving times in real time , receive automatic alerts about non-compliance risks and generate compliance reports , facilitating the legal and efficient management of night work and ensuring the safety of the operation.