The "2024 problem" in trucking and the Improvement Standards Notice — the ceiling on drivers' on-duty hours

In short: The trucking industry's "2024 problem" refers to the fact that, from April 1, 2024 (Reiwa 6), the cap on overtime work began to apply to motor-vehicle driving as well, and at the same time the amended Improvement Standards Notice (standards on on-duty hours and rest periods) started to bite. Truck drivers must be managed within a line of up to 960 hours of overtime a year even under a special clause (Labor Standards Act, Supplementary Provisions, Article 140), on-duty hours of 3,300 a year / 284 a month / 13 a day (up to 15), and a rest period that is based on a continuous 11 hours and does not fall below 9. This page sets out what changed, the on-duty ceilings, where to fix the 36 Agreement, and whom to ask for what.

The era of "we're in trucking, so overtime rules don't concern us" is over. This page is for truck-transport operators and operation managers. From the viewpoint of a shakai hoken roumushi's labour management, it sets out the substance of the 2024 problem, the on-duty hours and rest periods under the Improvement Standards Notice, the overtime cap, and where to fix the work rules and the 36 Agreement.

What does the trucking "2024 problem" mean has changed?

The 2024 problem is a shorthand for two things that started to bite together from April 1, 2024 (Reiwa 6).

1. Application of the overtime cap. When the Work Style Reform legislation came into force, motor-vehicle driving was given a five-year grace period. That grace period ended at the end of March 2024.
2. Application of the amended Improvement Standards Notice. The "Standards for Improving the Working Hours, etc., of Motor Vehicle Drivers" (the Improvement Standards Notice) was amended on December 23, 2022 (Reiwa 4) and has applied since April 1, 2024 (Reiwa 6). The ceiling on on-duty hours was tightened and rest periods were lengthened.

In other words, the "overtime cap" and the "Improvement Standards Notice" are two different yardsticks, and you must satisfy both at the same time. Meeting only one is not enough. For the general rules on working hours for staff other than drivers, see also The 36 Agreement and the overtime ceiling.

How far are on-duty hours and rest periods allowed under the Improvement Standards Notice?

The Improvement Standards Notice sets upper and lower limits on "on-duty hours" (working hours plus breaks and standby time, from start to finish of duty) and on the "rest period" between shifts. The main standards for truck drivers are as follows.

Item	Principle	Exception / limit
On-duty hours per year	3,300 hours	Up to 3,400 hours for up to 6 months a year under a labour-management agreement
On-duty hours per month	284 hours	Up to 310 hours for up to 6 months a year under a labour-management agreement (over 284 hours for no more than 3 consecutive months; strive to keep monthly overtime and holiday work under 100 hours)
On-duty hours per day	13 hours	Up to 15 hours (long-distance freight: up to 16 hours twice a week)
Rest period	Based on a continuous 11 hours or more after duty	Not below a continuous 9 hours
Continuous driving time	Within 4 hours	May be extended by up to 30 minutes where unavoidable

The Improvement Standards Notice is not the Labor Standards Act itself but a notice of the Minister of Health, Labour and Welfare; still, a breach is subject to corrective guidance from the Labor Standards Inspection Office and can lead to transport-administration sanctions (such as suspension of vehicle use). The big difference from the overtime cap is that it is not "unlimited as long as you have an agreement."

How was the overtime cap applied to trucking?

The overtime cap applies to motor-vehicle driving as well from April 1, 2024. However, the way it applies differs in part from ordinary industries.

Category	Content	Basis
Principle (ceiling hours)	45 hours a month and 360 hours a year	Labor Standards Act, Article 36, paragraph 4
Annual limit under the special clause	Within 960 hours a year	Labor Standards Act, Supplementary Provisions, Article 140, paragraph 1 (reading "720 hours" in Article 36, paragraph 5 as "960 hours")
Single-month / multi-month rules	The rules of under 100 hours in a single month and within 80 hours averaged over several months (both including holiday work) do not apply (for the time being)	Labor Standards Act, Supplementary Provisions, Article 140, paragraph 1 (non-application of Article 36, paragraph 6, items 2 and 3)
Frequency of exceeding 45 hours a month	Exceeding 45 hours in a month is allowed up to 6 times a year	Labor Standards Act, Article 36, paragraph 5

The cap for ordinary industries is 720 hours a year, but motor-vehicle driving is set at 960 hours a year for the time being. Also, the "under 100 hours in a single month and within 80 hours averaged over several months" rule that applies to ordinary industries does not apply to drivers. That said, 960 hours is only the ceiling under the special clause; the principle remains 45 hours a month and 360 hours a year. You should also build into your design the fact that a future review is expected, moving this closer to the general rule.

Where should you fix the 36 Agreement and the work rules?

Satisfying both the overtime cap and the Improvement Standards Notice requires careful drafting. The points to fix are as follows.

What to do	Point to review
36 Agreement (special clause)	Design annual overtime within 960 hours, and state the frequency of the special clause (up to 6 times a year), the reasons, and the procedure
Work rules and wage rules	Reflect the thinking on on-duty hours and rest periods, and align them with the calculation of premium wages (25%+ for overtime, 35%+ for holiday work, 25%+ for late-night work)
Records of working and on-duty hours	Cross-check digital tachograph records against attendance, and run day-to-day management against the lines of 15 hours a day, 284 hours a month, and a 9-hour rest
Selection of the majority representative	Select someone who is not in a managerial position through a proper procedure, and keep a record (Ordinance for Enforcement of the Labor Standards Act, Article 6-2)

Premium wages naturally arise for drivers too. The longer the on-duty hours in an industry, the more easily unpaid wages arise in the treatment of standby time and in dividing commission pay from fixed pay, so managing the ceiling and calculating premium wages must be put in place together. For how many employees make work rules mandatory, see How many employees make work rules mandatory.

Whom should you ask, and for what?

The 2024 response for trucking is not completed by labour matters alone. The party in charge differs by task.

What to do	Whose work it is
Drafting the 36 Agreement, work rules and wage rules; putting on-duty and working-hour management in place; calculating premium wages	A Shakai Hoken Roumushi (Certified Social Insurance and Labor Consultant) (this office)
Licence applications for general trucking business, and authorisation/notification of changes to the business plan	A Gyoseishoshi (Certified Administrative Procedures Legal Specialist)
Transport-administration decisions on operations, vehicles, and transport terms	The District Transport Bureau (Un'yu Shikyoku)
Claims for unpaid overtime, labour disputes, labor tribunal proceedings or litigation	An attorney
Tax decisions on withholding and year-end adjustment of premium wages	A tax accountant

This office is limited to providing information and handling procedures for labour management. For licences and business-plan changes in trucking, we can connect you to 四葉行政書士事務所; on the premise that shakai hoken roumushi work and gyoseishoshi work are each carried out by an independent business entity and are contracted separately. We do not take on everything under a single contract.

What can 四葉社会保険労務士事務所 do for you?

四葉社会保険労務士事務所 in Kohinata, Bunkyo Ward, handles, for trucking, designing and filing the 36 Agreement (special clause), aligning the work rules and wage rules with the Improvement Standards Notice, putting on-duty and working-hour management in place, and calculating premium wages. The initial consultation is free. We quote according to the content and the number of employees; for how fees are thought about, see the fee schedule, and the questions we are asked most often are collected on the FAQ page.

Where a claim for unpaid overtime or a dispute has already arisen, we will guide you to engage an attorney directly. This office does not accept referral fees.

Frequently asked questions

Q. If we keep within 960 hours a year, can we ignore the Improvement Standards Notice?
A. No. The overtime cap (960 hours a year) and the Improvement Standards Notice (on-duty hours and rest periods) are different yardsticks, and both must be satisfied at the same time. Even within 960 hours, if a day's on-duty hours exceed 15 or the rest period falls below 9, it is a breach of the Improvement Standards Notice.

Q. What happens if we breach the Improvement Standards Notice?
A. The Improvement Standards Notice is not the Labor Standards Act itself, but a breach is subject to corrective guidance from the Labor Standards Inspection Office and, in serious cases, can lead to transport-administration sanctions such as suspension of vehicle use. Note that the risk sits on both the labour and the transport sides.

Q. Does standby time count as on-duty time?
A. Yes. On-duty hours under the Improvement Standards Notice cover the time from the start to the end of duty, including not only working hours but also breaks and standby time such as waiting to load. Where waiting to load is long, on-duty hours swell more than expected, so grasping the reality through records is the starting point.

Q. Can you also handle the trucking licence?
A. Labour management is the work of a shakai hoken roumushi, and the papers for a trucking licence or a change to the business plan are the work of a gyoseishoshi. On the premise that each is an independent business entity contracted separately, we can connect you to 四葉行政書士事務所. We do not take these on together under a single contract.

Sources for this article

• "Standards for Improving the Working Hours, etc., of Motor Vehicle Drivers" (the Improvement Standards Notice; Labour Ministry Notice No. 7 of 1989, amended by Ministry of Health, Labour and Welfare Notice No. 367 of December 23, 2022, applied from April 1, 2024). Truck drivers' on-duty hours (3,300 a year / 284 a month / 13 a day; up to 3,400 a year, 310 a month, 15 a day under a labour-management agreement; 16 hours twice a week for long-distance), rest periods (based on a continuous 11 hours or more, not below 9), continuous driving time (within 4 hours)
• Labor Standards Act (労働基準法, Act No. 49 of 1947), Article 32, Article 36 paragraphs 4, 5 and 6 (items 2 and 3), Article 37, and Supplementary Provisions Article 140, paragraph 1 (application of the overtime cap to motor-vehicle driving / 960 hours a year and non-application of the under-100-hours-a-single-month rule, etc.)
• Ordinance for Enforcement of the Labor Standards Act (労働基準法施行規則, Ordinance No. 23 of 1947), Article 6-2 (requirements for the majority representative)
• The start date for applying the overtime cap to motor-vehicle driving is April 1, 2024 (confirmed from materials published by the Ministry of Health, Labour and Welfare and the Ministry of Land, Infrastructure, Transport and Tourism; referenced September 2026)
• The figures for on-duty hours and rest periods were checked against the Ministry of Health, Labour and Welfare's portal site on improving long working hours of motor vehicle drivers, the page on the Improvement Standards Notice for truck drivers (referenced September 2026)

This article does not go so far as to decide whom you should consult. Drafting the 36 Agreement, work rules and wage rules, putting on-duty and working-hour management in place, and calculating premium wages are the work of a shakai hoken roumushi. Licence applications for general trucking business and papers for business-plan changes are the work of a gyoseishoshi; claims for unpaid overtime and disputes are the work of an attorney; tax decisions on withholding and the year-end adjustment of premium wages are the work of a tax accountant. Shakai hoken roumushi work and gyoseishoshi work are each carried out by an independent business entity and contracted separately. This office does not accept referral fees. The cost of consulting 四葉社会保険労務士事務所 is set out in the fee schedule, and the questions we are asked most often are collected on the FAQ page.

This article is general information. Judgments that fit your particular circumstances are made by a qualified professional after a meeting. Written by Joji Uramatsu (Shakai Hoken Roumushi (Certified Social Insurance and Labor Consultant), Gyoseishoshi (Certified Administrative Procedures Legal Specialist), Registered Real Estate Transaction Specialist).