How many hours can a driver drive per day? 8 hours

Managing drivers' working hours is one of the biggest challenges in road transport. In addition to being directly linked to road safety, it also affects operating costs, productivity and compliance with labor laws.

After all, when a driver exceeds the permitted limit of hours behind the wheel, the risks of fatigue-related accidents, traffic infractions, labor lawsuits and even heavy fines for the company increase.

This is where the so-called Driver's Law (Law No. 13.103) comes in. In Brazil, it establishes the rights and duties regarding the working hours of professional drivers.

In this post, you will learn:

• What is the Driver's Law and how does it affect drivers' working hours?
• How many hours can a driver drive per day?
• How do you manage drivers' working hours?
• What are the penalties for companies that fail to comply with these rules?

Keep reading and see how to apply these rules in practice, ensuring safety, productivity and legal compliance for your fleet.

What is the Driver's Law and how does it affect drivers' working hours?

Law 13.103/2015, known in Brazil as the Driver's Law, was partially revised by the courts: the STF (Brazil's Supreme Federal Court) declared 11 points of the law unconstitutional. For this reason, reading the law needs to take this later decision into account, without treating the original wording in isolation.

Among the main points of the law are:

• Daily driving hour limit;
• Mandatory breaks for rest and meals;
• Rest time between working days;
• Working hours management through records (manual, mechanical or electronic).

This law directly affects the routine of drivers and transport companies, since non-compliance can lead to fines, labor lawsuits and accident risks.

How many hours can a driver drive per day?

The Driver's Law sets a daily working hours limit for professional freight and passenger drivers, with differences mainly in the rest breaks during driving. See how it works:

Freight drivers:

• Maximum working hours: 8 hours per day

• Overtime: possibility of up to 2 overtime hours and, when provided for in a collective convention or agreement, up to 4 extra hours

• Mandatory rest of 30 minutes for every 5:30 hours of uninterrupted driving

• Daily rest: 11 hours every 24 hours

Passenger drivers:

• Maximum working hours: 8 hours per day

• Overtime: possibility of up to 2 overtime hours and, when provided for in a collective convention or agreement, up to 4 extra hours

• Daily rest: 11 hours every 24 hours

Above all, these rules seek to balance productivity with safety, reducing fatigue behind the wheel and preventing accidents.

Night shift premium

Equally important is work performed during the night period. The law guarantees drivers the right to receive a premium of at least 20% over the daytime hourly rate, in addition to applying the reduced night hour (52 minutes and 30 seconds).

This benefit applies to work done between 22h and 5h the next day, and serves to compensate for the greater physical and mental strain faced during this shift.

How do you manage drivers' working hours?

You can manage drivers' working hours in different ways: using spreadsheets, logbooks or digital systems — whether through vehicle tracking or through an app designed for the fleet. However, currently, electronic time clocks are the most recommended option to ensure the compliance of the information.

Tracking systems show in detail how long the vehicle was moving, stopped, loading or unloading. This way, you can see the entire operation clearly.

Although it is still common to find transport companies that use only logbooks, electronic systems provide more reliable data and reduce the risk of failures.

In addition, by adopting digital platforms, you can also motivate drivers. This is because some systems make it possible to create performance rankings, enabling fair rewards aligned with productivity.

What are the penalties for companies that fail to comply with these rules?

Failing to comply with the rules on drivers' rest time is not just an operational failure, but also an infraction provided for by law. According to the Driver's Law (Law No. 13.103), non-compliance results in:

• Infraction: medium;
• Penalty: fine;
• Administrative measure: the vehicle is held until the rest time is completed.

These consequences directly affect the progress of the operation, causing delivery delays, additional costs and image risks for the transport company. In addition, neglecting the legislation can harm the relationship with clients and increase the chances of road accidents.

That is why it is essential to make sure your fleet is always compliant, taking care not only of safety, but also of transport efficiency.

To support you in this challenge, we have prepared a free resource with good practices for drivers, which helps guide the team and reduce risks. Download the Good Practices Guide for Drivers (in Portuguese) now, free of charge.