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COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 12.10.2001 COM(2001) 573 final 2001/0241 (COD) Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the harmonisation of certain social legislation relating to road transport (presented by the Commission) A.

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1 2 EXPLANATORY MEMORANDUM Introduction This proposal abrogates Regulation (EEC) N° 3820/85 and replaces it with a new Regulation (hereafter referred to as ‘the Regulation’) primarily in order to provide a clear, coherent text within which the rules currently contained in Regulation (EEC) N° 3820/85 may be clarified, simplified and updated.
The Commission has been aware for some considerable time that there have been difficulties in interpreting and applying the provisions within Regulation (EEC) No.

3820/85.

In the course of meetings with national experts, correspondence with individuals, road haulage and passenger transport associations and competent authorities over the years since the Regulation’s introduction, the clear message has been that a common understanding of its provisions has remained elusive.
Regulation (EEC) 3820/85 currently provides a common set of Community rules for maximum daily and fortnightly driving times as well as daily and weekly minimum rest periods for all drivers of road haulage and passenger transport vehicles, subject to specified exceptions and derogations.
The scope of operations regulated is tremendously diverse - it includes passenger transport and road haulage operations, both international and national, long distance and short distance, drivers for own account and for hire and reward, employees and self-employed.

It seeks to combine a uniformity of basic provisions with a considerable flexibility in possible extensions of maximum driving time and reductions in minimum rest periods under certain predefined conditions.
Regulation (EEC) 3820/85 also seeks to lay down the circumstances in which the AETR1 rules are applied to international road transport operations to and from the Community.

The dividing line has proven to be a contentious issue, as this Regulation has not covered all possibilities and even Court judgments2 have not always clarified the issues sufficiently.
With the forthcoming introduction of the digital tachograph and the need to provide rules that can be properly checked through this new system and applied uniformly without variations in interpretation throughout the Union, the current arrangement of driving hours and rest periods requires modification.
For this reason the Commission is proposing an arrangement that is based on the current system but eliminates elements that made the correct calculation of hours driven, rest periods and breaks a complex and difficult business.
The passage of fifteen years since the introduction of the Regulation has seen major changes in the road transport sector: activities formerly undertaken by national or local government services have since been privatised; for certain activities, there is now increased commercial competition and technical improvements to vehicles.
Moreover, experience has shown that vehicles exempted because they undertake short distance journeys or which are deemed to operate in a restricted area, such as specialised breakdown vehicles, did not necessarily do so.

For that reason the European Agreement concerning the Work of Crews of Vehicles engaged in International Road Transport (AETR) of 1 July 1970.

Case 313/92 Van Swieten BV [1994] ECR I-2177.

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3 exemptions and national derogations for vehicles have been reduced to a minimum and justified only on account of their light weight or size, short distance travelled, or public interest.
Since road transport continues to reinforce its place in the Union as the dominant transport mode, and Community rules provide a common standard in the social field, reinforced by the introduction of a major new checking device, the digital tachograph, it seems wholly appropriate that the Commission be assisted in its oversight in the outworking of these rules by a standing committee of government experts drawn from the Member States.
This committee could monitor developments in road transport, advise on possible refinements to the legislation, as well as assist the Commission in drawing up its biennial reports on the implementation of the legislation and in determining the correct and uniform application of the rules.

With the pending enlargement of the Union, this committee will become a significant asset in facilitating an overview of developments in the road transport sector.
Consultation The effort to gauge the difficulties in implementing Regulation (EEC) 3820/85 has been a constant process of consultation over the years.

On 4-5 October 1995, the Commission convened a meeting of national experts to establish common practice and interpretations of the legislation on driving times and rest periods amongst the Member States.

This was followed up by a questionnaire to all Member States on some particularly detailed areas.
A further questionnaire on the efficient and uniform application of the Regulation’s provisions was circulated to the Member States in 1998 and the results where applicable have been included in the current proposal.

The Commission has taken account of elements from these enquiries in its current proposal.

The need for comprehensible and enforceable legislation has been a constant refrain.
The group of enforcement experts that advised the Commission on the digital tachograph has also been tasked to review the current legislation in the light of the current differing interpretations as well as the conclusions from an in-depth Swedish study on the computability of the current rules for the digital tachograph3.

They have been assisted in their task by an expert in computational and mathematical issues.

The Commission proposal draws on their initial findings.
Their ongoing discussions will also provide a basis on which the future enforcement legislation for this field can be updated, an issue that the Commission intends to address by means of a further proposal later in 2001.

The Commission noted that at the Transport Council meeting on 2 October 2000, in response to a questionnaire from the French Presidency, there was agreement that there be a technical modification of the Regulation.
The current proposal provides a fresh, complete legal text for clarity and ease of reference, within which there are technical modifications that also form a firm basis on which the modern technical checking device – the digital tachograph – can be used effectively and uniformly throughout the Union.

Peripheral amendments of Regulation (EEC) 3820/85 cannot address the fundamental problem – ensuring effective enforcement.
Serafimovski and Widebaeck On the Interpretation of the Council Regulation (EEC) 3820/85: A Report for the Swedish National Road Administration.

Technical report: L4i-99/441.

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For the road transport industry, effective and uniform enforcement has been a constant concern.

It has been voiced at meetings of the social partners at European level over the years.
The employers see it as a way of reinforcing a level playing field amongst their number; the unions are adamant that only through effective and uniform enforcement can their rights under the legislation be assured.

The European Parliament has taken the opportunity when debating the Commission’s biennial report on the application of the current legislation to express its continued concern at the wide diversity in the frequency and effectiveness of enforcement practice throughout the Union.
Moreover, the own initiative report by Mr Grosch MEP on transport policy and the harmonisation of social legislation4 called upon the Commission to ensure that in this field thorough controls are put in place together with effective sanctions and that there should be comprehensive reporting on the application of measures by Member States within a common time limit to allow a full overview of social issues within the road transport sector.
The Social Partners were consulted on the main changes to the Regulation on 11 December 2000, 16 January 2001 and 5 February 2001.

Their views have been noted as have their subsequent written submissions and, where appropriate, have been reflected in the changes proposed.

Legal Base The legal base is set out explicitly in Article 71 of the Treaty (co-decision procedure).

Objective and scope The proposal aims to clarify and simplify the current legislation making it easier to comprehend and enforce.
The scope has been clearly defined, firstly, by setting out more comprehensively when AETR or the Regulation should apply; and secondly, by setting out the category of goods and passenger vehicles affected – goods vehicles over 3.5 tonnes; and passenger vehicles suitable for carrying over 9 persons - based on the two current major exemptions.
The proposal also seeks to update the other current exemptions and derogations to reflect changes in the road transport sector and, in so doing, to broaden the scope of application of the Regulation within the road transport sector in the Union.

Regulation (EEC) 3820/85 already provides considerable flexibility in driving times, rest periods and breaks.

This type of flexibility has nevertheless been at the expense of effective enforcement.
The proposal withdraws the current compensation arrangements, which were generally unable to be accurately computed and could is now within more easily be ignored.

While flexibility is still retained, computable, enforceable, understandable and simple boundaries.

Increases in the standard daily rest period and a predefined enforceable timeframe for any reduced rest periods are balanced by an allowance of certain reduced daily and weekly rest periods without compensation.

it 4 PE 228.428/fin.

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The proposal also seeks to clarify in a definitive way all the terms used within the Regulation, so that there is little opportunity for individual interpretations of the norm which have led in the past to a considerable number of cases before the European Court of Justice, as well as variations in the way enforcement is applied to drivers of vehicles travelling throughout the Union, e.g.

from Sweden to Portugal.


Article 17a of Directive 93/104/EC (the Working Time Directive)5, as amended by Directive 2000/34/EC6, sets out minimum requirements with respect to working time for mobile workers (including those in the road transport sector).

In particular, Article 17a(2) provides that Member States shall take the necessary measures to ensure that mobile workers are entitled to "adequate rest".
This Regulation contains more specific provisions on "adequate rest" for mobile workers in the road transport sector.

In line with the overall aim of better enforcement, the obligations upon employers as well as employees are made more explicit, so that there is a positive incentive for both parties to ensure that their operations are in conformity with the Regulation.
A constant difficulty in enforcing a Regulation that covers different jurisdictions within the Union is detection by officers in one Member State of infringements committed in another Member State.

The current Regulation leaves it up to Member States to decide if they ignore or penalise such infringements and notify the competent authorities of the Member State in which the offence was committed.

This provides a major loophole in enforcement activity.
The Commission proposes a positive measure whereby Member States can penalise a driver found to have committed an infringement against the Regulation’s provisions in a different Member State on the basis that, on the one hand, a driver who has previously breached the rules may pose a road safety risk in the Member State where he has been apprehended, and on the other hand, that the internal market should also be a single uncompartmentalised area as far as infringements against the common rules are concerned.
Such infringements may be civil, administrative, or criminal in nature.

The problem of drivers using alternatively vehicles which come under the Regulation and those which do not, hence presenting an incomplete record of their driving times and rest periods, has been addressed.

It is intended to remedy this situation by obliging drivers to record all their driving times within a daily driving period, even if for part of that period they drive vehicles outside the scope of the Regulation.
The Commission is keen to ensure that a uniform and effective enforcement of the Regulation is facilitated, that developments in this field throughout the Union are adequately monitored and that good practice is encouraged.

To that end it advocates a standing Committee through which common views and decisions on the current application of the Regulation can be reached swiftly and decisively.
Specific Provisions The provisions of the proposed Regulation are explained in the following paragraphs (a comparative table showing the text of the current Regulation (EEC) N° 3820/85 and the provisions of the proposal is also attached).

5 6 OJ L 307, 13.12.1993, p. 18.

OJ L 195, 1.8.2000, p. 41.

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Article 1 sets out clearly the three aims of the Regulation’s provisions, which are recital of Regulation (EEC) 3820/85, namely taken directly from the first harmonisation of conditions of competition as well as improvement of working conditions and road safety.
Article 2 rewords the scope as defined in Regulation (EEC) 3820/85 by adding the two main vehicle categories dealing with goods and passenger vehicles currently dealt with in that Regulation’s Article 4 (Exclusions).

It also states and amplifies the scope of the Regulation and AETR7 in the light of the ruling of the European Court of Justice8.

Article 3 presents an updated number of exemptions.

The comparative table in the Annex provides a summary of the changes.
In outlining below the changes to Article 4 of Regulation (EEC) 3820/85, the current paragraph numbering is used.

A number of exemptions in Regulation (EEC) 3820/85 have been deleted, some of which have been relocated elsewhere to provide a more logical home.

– – – current Article 4(1) and (2) have been incorporated into the proposed Article 2 on scope; current Article 4(6) has been reattributed to the proposed Article 13 on national derogations.
There has been considerable abuse of Article 4(6), evidenced by the frequency with which the European Court is asked to make a judgement on matters arising from this particular exemption.

In many cases, what were nationally owned or funded services in 1985, are now private sector industries.

Competition and road safety issues now arise where they did not when Regulation (EEC) 3820/85 was first written.
As Article 4(6) is an exemption from the Regulation, Member States are unable to make national provisions to reduce abuses.

It has therefore been moved to the proposed Article 13(1)(g), where national derogations are permitted, in order that Member States may place such restrictions as are deemed necessary.
In addition those areas where service provision is now firmly within the private sector have been deleted in recognition of the pressures of competition that now prevail, namely in the gas and electricity sectors, telegraph and telephone services, carriage of postal articles, radio and television broadcasting and detection of radio or television transmitters or receivers.
current Article 4(13) - milk collection vehicles –The advent of refrigerated vehicles and the introduction of commercial competition mean that the justification for a total exemption is no longer tenable.

Those services provided locally and therefore with only a minor impact on the market may come within the proposed national derogation in Article 13(b) which now includes vehicles used for farming within a 50 km radius.

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A number of exemptions contained in Article 4 of Regulation (EEC) 3820/85 have been amended to restrict their ambit to those activities undertaken by specialised vehicles, within a limited distance, and in recognition of the significant trend towards the provision of such services by the private sector.

7 8 AETR: see footnote 1.

Case 313/92 Van Swieten BV [1994] ECR I-2177.


6 – – – – – current Article 4(5) dealing with civil emergency and military vehicles, is made more precise, to bring operations working on the periphery of such public organisations within the scope of the Regulation.

In times of emergency, such transport operations could and would be exempted by virtue of the current Article 4(7) in the short term or by a national relaxation of the rules under the current Article 13(2).
current Article 4(8) – specialised vehicles for medical purposes – the new text restricts the exemption to state-owned or funded vehicles in recognition of the more competitive environment prevailing in Member States.
current Article 4(9) – this particular exemption has been claimed by peripheral vehicles associated with circuses or fun-fairs, such as large hamburger vans, and thus it is appropriate for the exemption purely to be restricted only to specialised vehicles transporting circus and fun-fair equipment.

As carriage by road by these specialised vehicles is an ancillary activity and must of necessity be slow, they would not be under competitive pressure or pose a road safety risk.
services regularly current Article 4(10) - the exemption for specialised breakdown vehicles in Article 4(10) of Regulation (EEC) 3820/85 is widely abused - commercial breakdown and travel internationally, without the road safety requirements this Regulation provides.

For this reason a 50 km restriction is placed on the exclusion of their activity from the scope of the Regulation.
There is no overriding reason why vehicles operating in a national or international context should not come within the Regulation’s provisions.

nationally distances, long current Article 4(12) – non-commercial carriage of goods – the amendment restricts the exemption to the use of smaller vehicles.

A vocational licence is larger vehicles, which should comply with the required by drivers of Regulation.

The deletion of ‘for personal use’ reflects the difficulties in interpretation, e.g.
where charitable relief aid is concerned.

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A number of exemptions have been retained in the proposal: – – – – current Article 4(3) on regular passenger transport under 50 kms has been retained given the short distance travelled, as well as the cost and disruption to services inclusion might occasion.

Possible difficulties with mixed scope working highlighted by the enforcement officers’ group have been addressed in the proposed Article 6(6).
current Article 4(4), which is retained given the short distance range of such vehicles.

current Article 4(7) - vehicles used for emergencies or rescues provide a vital service in a non-competitive environment.

current Article 4(11) - no recording equipment can normally be installed on vehicles undergoing road-tests.

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The provisions of the proposed Article 4 take over, and in some cases amplify or add to the definitions contained in Regulation (EEC) N° 3820/85: – – – – – – – – Paragraph 1 redefines ‘carriage by road’ to bring within the scope driving undertaken both on and off public roads, such as site driving.

Paragraph 2 amends the current definition of a ‘motor vehicle’ and ‘tractor’ to prevent an exemption being claimed by vehicles running partly on rails but mainly on roads.
Paragraph 3 provides a small but significant change in the definition of a driver.

It will mean that drivers carried in a convoy of vehicles but who switch vehicle to commence driving will still be caught by the provisions of this legislation.

Paragraph 4 sets out the current definition of a break, found in Article 7(4) of Regulation (EEC) 3820/85.

The latter half of the current definition is included in a new simple definition of ‘other work’ found in paragraph 5.
A suggested clarification by the enforcement officers group of the term ‘break’ was not taken up, as consultations with the social partners revealed that neither side considered it a helpful simplification.

Paragraph 5 provides a simple definition of what constitutes ‘other work’, suggested by the enforcement officers group and adds the statement currently found in Article 7(4).

‘Other work’ as a term is also used as a category for the tachograph in Article 15(3)(b) of Council Regulation (EEC) 3821/85.
Paragraph 6 provides a simpler definition of rest.

Paragraphs 7 and 8 introduce definitions of daily and weekly rest periods, which were previously in Article 8 of Regulation (EEC) 3820/85.

They no longer include compensation arrangements.

Enforcement of such arrangements in all their permutations has proven to be fraught with difficulty, if not impossible.

As a balance the standard daily rest periods are increased to 12 hours.
The reduced daily rest periods are retained for flexibility, as is the 24-hour reduced weekly rest option.

However the former option of 36 hour weekly rest, if taken at the place where the driver or vehicle is normally based, has been deleted in recognition that this option has tended to become the norm rather than the regular 45 hour weekly rest.
Taken together with other measures within the body of the new proposal these set definitions are designed to provide a balance between flexibility and enforceable rest periods.

Paragraph 9 provides a simpler definition of the week.
The current concepts in Regulation 3820/85 have been found to lead to difficulties in enforcement given, firstly, that the start of a calendar week does not necessarily coincide with the end of a weekly rest period and secondly, that the weekly driving period is computed as the driving period between two weekly rest periods.

As a simpler option, the national enforcement officers therefore strongly advocate the return to a flexible week, where only the two weekly rest periods are concerned.
8 – – – – – Paragraphs 10 and 11 define the daily and weekly driving time periods, which mostly mirror those in Regulation 3820/85.

Here the definitions highlight and set out in clear terms what each period comprises.

Paragraph 12 takes over the definition in Regulation (EEC) 3820/85 of ‘permissible maximum weight’.

Paragraph 13 updates the definition of “regular passenger services” in the light of the latest Community legislation.
Paragraph 14 defines the term ‘multi-manning’ to avoid ambiguity and to cover instances where more than two drivers would be present in the vehicle.

Paragraph 15 defines ‘transport undertaking’ to clarify the ambit of new provisions in Articles 10 and 19.

The definition is largely based on that set out in Article 1(2), third indent of Council Directive 96/26/EC.

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The provisions on minimum ages for drivers within Article 5 of Regulation (EEC) 3820/85 are deleted.
These provisions have been an anomaly within the Regulation and are addressed in the current proposal for a Directive on the training of drivers9.

The provisions relating to drivers’ mates and conductors have been retained and set out more clearly in the proposed Article 5.

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Article 6 sets out in revised and defined terms the same basic driving hour provisions as are in Regulation (EEC) 3820/85.
– – – – – Article 6(1) – the maximum daily driving time remains 9 hours with an allowance up to 10 hours twice a week.

Article 6(2) - the week in this instance is flexible and not fixed, being the period between one weekly rest period and another; in length it may extend to a maximum of 144 hours or the equivalent of 6 days within which daily driving periods may take place.
This 144 hours puts in plain terms what is currently set out in a longer, less transparent paragraph, namely the current Article 6(1) third paragraph of Regulation (EEC) 3820/85 Article 6(3) states for clarity’s sake the maximum weekly driving time which the current Regulation leaves unsaid, namely 56 hours.

For the sake of coherence, this is a maximum of 56 hours within one week.

Article 6(4) restates the maximum accumulated driving time available in two consecutive flexible weeks, namely 90 hours.
Article 6(5) clarifies that driving time may not be regarded as starting whenever a driver crosses an internal or external frontier of the European Union.

It is also inserted to facilitate the introduction of new provisions on liability in Article 10.

9 COM(2001) 56 final.


9 – Article 6(6) addresses the difficulty of drivers working both within and outside the scope of the Regulation, for example, drivers of urban passenger transport vehicles used for regular journeys (currently excluded under Article 4(3)) who might also drive longer distance journeys in the course of their work.

Regulation (EEC) 3820/85 does not oblige such drivers to record their out of scope work.
Any record of their driving time under the current Regulation might therefore not take account of this additional driving and hence in practice the driving limits could be exceeded.
– While initially the Commission considered that the problem of such ‘mixed scope driving’ could be resolved through bringing those currently excluded from the scope of the Regulation within its ambit, such as vehicles used for strongly recommended by the transport under 50 kms, as passenger enforcement officers group, nevertheless the industry demonstrated in subsequent discussions that the cost and disruption to current practices would be disproportionate to the benefit obtained.
A further option of forbidding mixed scope driving in the course of a day also did not deem practicable for the industry.

For road safety reasons and to promote safe working practices in the industry, this provision therefore seeks to ensure that any person who operates outside of the Regulation and thereafter continues to work on a regulated journey during the same day must record all his driving time.
This solution is in line with the recent Court of Justice ruling in this area.10 transport services, set out include the current special derogation for occasional The proposal does not international passenger in the current Article 6(1) paragraphs 4 & 5, under which the driver’s weekly rest may be postponed until 13 days after his previous weekly rest.

Such an arrangement neither lends itself to adequate enforcement arrangements nor promotes good road safety nor adequate working conditions.
In addition, the possible extension of the derogation to national passenger transport introduces a further complicating factor in any calculation.

However, the revised rules on weekly rest do provide for a reduced weekly rest period of 24 hours with a normal weekly rest period of 45 hours after 13 days.

The deletion of this special clause may be considered a positive step in road safety terms, particularly in the light of recent tragic bus fatalities and complaints of abuse of the current arrangements.
Moreover, in order to introduce a system of rules that can be efficiently and uniformly enforced throughout the Union, rules which will enable the digital tachograph to be used to its full potential, it is vital for them to be simple, with clearly defined elements of flexibility, easily understood both by industry and the enforcement agencies in the Member States.

Article 7 deals with breaks.


It seeks to address the anomaly in the current text, whereby a driver may legally drive for a possible nine hours whilst only having had a break of fifteen minutes.

Under the current proposal the new Article 7 means that a driver can drive for a maximum of seven and a half hours interrupted by a break of at least 30 minutes.
The decision to establish 30 minutes as a minimum driving break is based on a road safety as well as a practical perspective, since 15 minutes are insufficient to permit basic relief and refreshment for the driver.

This scenario is more acceptable in social and road safety terms and yet retains flexibility to the advantage of drivers and employers alike.

It also retains the key element of the 32.

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10 Case 297/99 Skills Motor Coaches Ltd , 18.1.2001.
10 current Regulation, namely after four and a half hours driving a break of 45 minutes is required.

The clarity of the proposal will aid compliance and enable uniform enforcement of the rules.

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Article 8 simplifies the provisions on rest periods while reflecting some of the basic parameters found in Regulation (EEC) 3820/85 in a more precise way by using defined terms.
– – – – Article 8(2) and (3) clarifies that the revised basic daily rest period of 12 hours must be completed not later than 24 hours following the previous daily rest period or weekly rest period.

The reduced rest period remains at 9 hours, applicable three times a week.

The trade-off between compensation for reduced daily rest periods and a higher minimum daily rest requirement has been discussed in the definitions section (point 29, concerning paragraphs 7 & 8).
Article 8(4) seeks to put in more precise terms the determination of ‘multi- manning’ hours, taking account of the new minimum rest period, while leaving the basic concept of Regulation(EEC) 3820/85 intact.

Article 8(5) ensures that reduced weekly rest periods cannot in practice be taken ad infinitem.

It imposes a restriction that is enforceable and yet allows flexibility.
It provides better social conditions for drivers and by abolishing the necessity to compensate for a reduced weekly rest period it also ultimately benefits employers.

Article 8(6) slightly rewords the current text so that drivers can use other sleeping facilities in addition to a bunk, provided they are suitable for the purpose.

It recognises the progress in vehicle construction and provision over the last fifteen years.
Article 9 seeks to standardise a rule on ferryboat and train usage, which has been applied differently in Member States.

Where a driver accompanies a vehicle on a ferry or train, should he take a daily rest period, he is often required to move the vehicle on or off the train/ferry during this rest period.
In considering both practicality and road safety, there would be no detrimental effect on a driver who, during a full 12 hour daily rest period, was allowed to interrupt his rest period, provided that the interruptions did not exceed one hour.

Article 10 retains and clarifies the current Article in Regulation (EEC) 3820/85, which prohibits certain types of payment, but adds certain other provisions.
The Article was designed to make the undertaking liable for infringements that were a direct consequence of pressure, rules and incentives to encourage a driver to work and drive long hours.

However it has generally been found to be unenforceable, mainly because it is impossible to prove to the satisfaction of a criminal court whether or not road safety is likely to be endangered.
Thus a company might avoid prosecution for infringements committed by the driver despite the fact that the undertaking was the prime mover in the infringement.

The original Article has been retained in Article 10(1) however to underline commitment to this perspective.

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To introduce a more practicable, uniform and effective enforcement solution, several new paragraphs have been added.

– – – – – Article 10(2) places a direct onus on the employer to ensure compliance with this Regulation.
It incorporates the current Article 15, while clarifying the transport undertakings duties and specifying regular rather than periodic checks for conformity with the Regulation and Regulation (EEC) 3821/85.

Where undertakings are responsible for scheduling a driver’s work, they should be made responsible where that schedule is inadequate and/or does not allow the driver sufficient scope for delays.
Drivers should also be free from fear of reprisal if they need to stop driving once they have reached the legal maximum.

Article 10(3) ensures that each Member State makes it an infringement for a driver to breach the provisions of the Regulation where this is committed in whole or in part on its territory.
Moreover it is also required that it should be an infringement where a driver is found to be driving on the territory of a Member State having breached the rules in the Regulation at any time since the last weekly rest period.

The act of driving is on the territory of that Member State, even though the rules may have been breached outside its territory during the preceding week.
The weekly rest period has been chosen since it seems reasonable to assume that driving for long periods without adequate rest will be a risk to road safety in the Member State where a road-side inspection takes place.

Here jurisdiction is being claimed on the basis of an act committed in the Member State, i.e.

driving without due rest.

The general introduction of this provision amongst Member States can prove a more effective means of enforcement.
Current practices, which involve a Member State in which is detected informing the Member State of territory the infringement establishment, are too unwieldy and too unevenly applied by Member States’ competent authorities.

Moreover, the opportunity to destroy or alter evidence to conceal infringements.

they allow operators or drivers Article 10(4) ensures that a transport undertaking can be held liable if infringements are detected which have been committed by drivers for its benefit.
Jurisdiction is claimed on the basis of the fact that the undertaking is established on the territory of the Member State, even though records may indicate that the driver failed to take an adequate rest period on the territory of another Member State.

Experience amongst enforcement authorities has indicated that a considerable proportion of infringements, and fraud, are directly attributable to undue pressure placed upon drivers by undertakings.
Undertakings may often evade any penalty whilst the drivers do not.

Drivers may even be asked by the undertaking to falsify records to prevent detection.

Such a situation will not further respect for the rules in force.

Article 10(5) provides for two defences: the first refers to the obvious case where the driver acts outside his employer’s instructions; the second defence the transport concerns driving periods undertaken by the driver without undertakings’ knowledge.
Article 10(6) places a duty on the driver to provide sufficient information to enable his employer to comply with the rules in Chapter II of the Regulation.

There have been substantial enforcement difficulties where drivers work for more than one transport undertaking.
Particularly where this concerns agencies 12 involved in the placement of drivers, it also seems reasonable under such circumstances to ensure that each undertaking is in possession of sufficient information to allow it to ensure compliance with the provisions of the Regulation.

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Articles 11 and 12 retain the provisions in Regulation (EEC) 3820/85 but seek to clarify and simplify the text.

Article 13 sets out the national derogations.


Paragraph 1 is taken from Article 13(2) of Regulation (EEC) 3820/85.

It is inserted to ensure the objectives of the Regulation remain pre-eminent and that it applies to all potential derogations rather than to one explicit case.

A number of the current derogations have been deleted (current Article 13(1)(a), (d), (e), (f), and (k)).
Others have been amended (current Article 13(1)(b), (c), (g), (i) and (j)) or retained (current Article13(1)(h) – island exemption), while one has been added.

The position of the national derogations is set out below, using the Article numbering of Regulation (EEC) 3820/85.
Deletions – – – – current Article 13(1)(a) – in the interests of road safety and the welfare of those who are carried on such minibuses, and in the light of the unanimous decision of the enforcement officers group in favour of deletion and in particular the experience of representatives from those Member States where the derogation is currently exercised, this exemption has been deleted.
current Article 13(1)(d) – as such services appear to be mostly on a private basis, such an exclusion can no longer be justified.

current Article 13(1)(e) - this derogation is covered by the new provision (proposed Article 13(1)(b)).

Where the market is outside a 50km radius, the normal transport rules should apply.

current Article 13(1)(f) - the incidence of this type of vehicle is now rare and could be covered by many of the proposed changes.
Many of the undertakings currently claiming this derogation are travelling long distances with large vehicles and should come under the ambit of the Regulation.

Those that operate in a short radius of their base could take advantage of the proposed Article 13(1)(c).

In both instances driving may not constitute the driver’s main activity and the load may not be carried for commercial and competitive purposes.

– current Article 13(1)(k) - now encompassed by the provisions of the proposed Article 13 (1)(b).
13 Amendments – – – – – current Article 13(1)(b) – Clarified and restricted to a vehicle either owned or being hired in without a driver in order to prevent abuse by sub-contractors as well as by persons or businesses held to be in competition with others (Anders Sjöberg - ECJ11).

current Article 13(1)(c) - Enforcement authorities had some serious concerns that those engaged in horticulture or agriculture were abusing the exemption that they currently enjoy.
This reworded derogation is designed to allow sufficient freedom for those who work on the land whilst restricting the scope for transport operations using agricultural vehicles.

current Article 13(1)(g) - The derogation has been restricted to vehicles of 7500kg or less, in line with a general approach to exceptions where a weight threshold is appropriate.

Otherwise it remains unchanged.


The last sentence of the existing Regulation has been removed as it appears no Member State has ever used this provision.

current Article13(1)(i) - This provision was modified to encourage the use of environmentally friendly modes of transport in local operations.
It is now restricted by weight and distance for road safety reasons, to ensure that such vehicles do not cover long distances without some control and yet encouraging the use of such vehicles, for example, in city centres.

current Article 13(1)(j) – An additional qualifying provision is added to ensure the exemption is not abused for commercial profit Addition – The former exemption under Article 4(6) - state utilities - has been made a national derogation.
It was moved from Article 4 where it was a blanket and unequivocal exemption.

Many of these utilities are now no longer state controlled and there are commercial interests that could jeopardise road safety considerations.

The derogation remains here to allow Member States the freedom to relax the rules on their own territories as and where applicable, provided that the provisions of the proposed Article 1 are not jeopardised.
In addition those utilities which are now in the private sector have been removed.

41.

42.

A new Article 14 is used to underline the distinction between those derogations which Member States may simply introduce on their territory (the current Article 13(1)) and those situations where consultation or prior authorisation of the Commission is required (the current Article 13(2)).
While retaining the current provisions generally, the new Article deletes the word ‘seriously’ as its use in context appears redundant.

The largest group of vehicles totally excluded from the Regulation comprises the urban bus sector or those regular passenger services whose route does not exceed 50 km.
While the Commission is aware that this sector is primarily of a local nature and hence the prinicple of subsidiarity should apply, nevertheless in several Member 11 Case 387/96 Anders Sjöberg [1998] ECR I–1225.

14 States this sector has been deregulated and hence there is the risk that road safety concerns and working conditions may be compromised for profit.
For this reason, the new Article 15 imposes a general obligation on the Member States to provide adequate rules on driving times, breaks and rest periods for this sector.

Article 16 which allowed an alternative timetable and roster regime for regular national and border international passenger services instead of using a tachograph to record driving time and rest periods was unanimously considered by the Member States enforcement officers to be outdated.
Most if not all vehicles used in this type of work were considered to be already fitted with tachographs and hence because of the current Article 14(7) were automatically barred from this alternative.

Given the distances covered by such services, the provisions of the current Regulation were also difficult to enforce accurately using this alternative regime, leaving the system open to abuse.

It is therefore proposed to phase out the alternative regime by 31 December 2006.
The short transitional period of three years for those services formerly covered by the alternative regime allows those transport undertakings still relying on the duty roster and timetable to make provision for the installation of tachograph equipment in their fleet.

In the interim, the required period to be covered by the duty roster is raised to the previous 28 days in the proposed Article 16(3)(a) to reflect the information to be available on the digital tachograph.
Article 17 introduces a new element to the current requirement for a biennial report to be drawn up by the Commission, namely, inclusion of details on the implementation of Regulation (EEC) No 3821/85.

Given the forthcoming transition tachographs, a comprehensive overview including the impact of the to digital introduction of digital tachographs within the road transport sector is a logical and necessary addition.

The proposed Article 18 updates and simplifies the current Article 17(1).
Article 19 deals with penalties.

It introduces the now standard phrase as regards their necessary impact.

It also introduces a provision to ensure that within the range of sanctions that are applied by Member States, a certain consistency is achieved, namely, that detection of serious infringements can result in a serious and immediate penalty.

Article 20 amplifies the current Article 17(2).


The addition is intended to improve the exchange of information between Member States and to avoid problems with the principle of non bis in idem.

This article provides for the exchange of information rather than mutual legal assistance.
The current Article 17(3), first indent, is retained to facilitate and encourage the regular exchange of intelligence between Member States’ enforcement authorities, e.g., that infringements have been and are likely to be committed by a particular transport undertaking.

43.

44.

45.

46.

47.

48.

49.

15 50.

51. the Community to negotiate with third countries Article 21 takes over the provision in Article 3 of Regulation (EEC) 3820/85 that the allows implementation of the Regulation.
This will be necessary, particularly in the context of the AETR, once the revision of Council Regulation (EEC) 3820/85 has been adopted.

regards as Articles 22 and 23 establish a standing advisory Committee to assist the Commission in overseeing the implementation of this Regulation.
It is envisaged that this group would comprise government experts drawn from the Member States, who can monitor developments, contribute to a common understanding of the application of the legislation, as well as assist the Commission in drawing up its biennial reports on the implementation of the legislation, a process which up until now has not seen a wholehearted commitment from all Member States.
Moreover given the priority of ensuring a uniform understanding and application of the Regulation, it is thought more efficient to decide on enforcement queries through such a Committee structure.

The Commission envisages this Committee having a clear link with the Social Partners meeting at European level.

52.

Articles 24 and 25 provide respectively for the repeal of Regulation (EEC) 3820/85 and lay down the implementation date for the changes.
F. Justification for Action at Community Level WHAT ARE THE OBJECTIVES OF THE PROPOSED ACTION IN RELATION TO THE COMMUNITY’S OBLIGATIONS?

53.

The Commission’s proposal seeks to enhance and harmonise interpretation, application and enforcement of existing EU law by clarifying, simplifying and updating the common rules as well as introducing measures to facilitate more effective and uniform checks and sanctions throughout the Community.
DOES COMPETENCE FOR THE PLANNED ACTIVITY LIE SOLELY WITH THE COMMUNITY OR IS IT SHARED WITH THE MEMBER STATES?

54.

The action falls under the exclusive competence of the Community (Article 71 of the Treaty).

WHAT IS THE COMMUNITY DIMENSION OF THE PROBLEM (FOR EXAMPLE HOW MANY MEMBER STATES ARE INVOLVED AND WHAT SOLUTION HAS BEEN USED UP TO NOW?)

55.

The subject affects all Member States and road transport operators as well as drivers in all Member States.
It has been found that differences in the interpretation and implementation of Regulation (EEC) 3820/85 between Member States can lead on the one hand to uncertainty as to the differing national interpretations of the rules applicable in international road transport operations and on the other hand to difficulties for Member States’ enforcement agencies to enforce the EU provisions uniformly and effectively.
Enforcement officer representatives from all Member States have noted similar problems in defining the scope of exemptions and national derogation provisions.

Moreover developments since 1985 have seen a continuing 16 trend throughout the Community towards the provision of public services by private operators introducing a competitive element and hence a pressure on road safety and working conditions – therefore exemptions and derogations would need to be reviewed.
WHAT IS THE MOST EFFECTIVE SOLUTION TAKING INTO ACCOUNT THE MEANS AVAILABLE TO THE COMMUNITY AND THOSE OF THE MEMBER STATES?

56.

Only joint action at Community level can further strengthen, improve and harmonise the application of the Community provisions.

WHAT REAL ADDED VALUE WILL THE ACTIVITY PROPOSED BY THE COMMISSION PROVIDE AND WHAT WILL BE THE COST OF INACTION?

57.

The proposal will facilitate a uniform comprehension, application and enforcement of the common EU rules.
It will update and clarify exemptions and derogations and introduce provisions to enable more effective checks to take place within the single market.

It will provide enforcers and the industry alike with a clearer view of the Regulation’s provisions and enable these provisions to be computable for the new digital tachograph.
Inaction would leave an unsatisfactory, uneven and uncertain application of the rules and would not recognise the changes in the market or the recent requirements such as the introduction of the digital tachograph.

WHAT FORMS OF ACTION ARE AVAILABLE TO THE COMMUNITY?

58.

The proposal seeks to clarify and update the text of Regulation (EEC) 3820/85, which has not been amended significantly for over 15 years.
No other action would be appropriate to achieve this goal 17 2001/0241 (COD) Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the harmonisation of certain social legislation relating to road transport THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 71 thereof, Having regard to the proposal from the Commission12, Having regard to the opinion of the Economic and Social Committee13, Having regard to the opinion of the Committee of the Regions14, Acting in accordance with the procedure laid down in Article 251 of the Treaty15, Whereas: (1) (2) (3) legislation relating to road transport16 sought In the field of road transport, Regulation (EEC) No 3820/85 on the harmonisation of to harmonize the certain social conditions of competition between methods of inland transport, especially with regard to the road sector and the improvement of working conditions and road safety.
Progress in these areas must be safeguarded and extended.

Article 17a(2) of Directive 93/104/EC17 concerning certain aspects of the organisation of working time, as amended by Directive 2000/34/EC of the European Parliament and of the Council18, requires Member States to adopt measures to ensure that mobile workers are entitled to “adequate rest”.

Difficulties have been experienced in interpreting, applying and enforcing certain provisions of Regulation (EEC) No.
3820/8519 on driving time, break and rest period rules for drivers engaged in national and international road transport within the Community in a uniform manner in all Member States, because of the broad terms in which they are drafted.

OJ C …, …, p. … OJ C …, …, p. … OJ C …, …, p. … OJ C …, …, p. … OJ L 370, 31.12.1985, p. 1.

OJ L 307, 13.12.1993, p. 18.

OJ L 195, 1.8.2000, p. 41.

OJ L 370, 31.12.1985, p. 1.


18 (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) Effective and uniform enforcement of those provisions is desirable so as to achieve their objectives and not to bring the application of the rules into disrepute.

Therefore a clearer and simpler set of rules is needed, which will be more easily understood, interpreted and applied by the road transport industry and the enforcement agencies.
Measures provided for in this Regulation regarding working conditions cannot be allowed to prejudice the right of the two sides of industry to lay down, by collective bargaining or otherwise, provisions more favourable to workers.

It is desirable to define clearly the precise scope of this Regulation by specifying the main categories of vehicle included.
Full definitions of all key terms should be given in order to render the interpretation easier and ensure that the Regulation is applied in a uniform manner.
The provisions of the European Agreement concerning the Work of Crews of Vehicles engaged in International Road Transport of 1 July 1970 (AETR), as amended, should continue to apply to the carriage by road of goods and passengers by vehicles registered in any Member State or any country which is a contracting party to the AETR, for the whole of the journey where that journey is between the Community and a country which is a contracting party or through such a country; In the case of vehicles registered in a state which is not a contracting party to AETR, those provisions will only apply to that part of the journey effected within the Community.
Since the subject matter of the AETR Agreement falls within the scope of this lies with the Regulation, Community.

the power to negotiate and conclude the Agreement If an amendment to the internal Community rules in the field in question necessitates a corresponding amendment to the AETR, Member States will act together to bring about such an amendment to the AETR in accordance with the procedure laid down therein.
The list of exemptions should be updated to reflect developments in the road transport sector over the past fifteen years.

The basic rules on driving time need to be clarified and simplified to allow effective and uniform enforcement by means of the digital tachograph as set out in Regulation (EEC) 3821/85 on recording equipment in road transport20 as amended by Regulation (EEC) 2135/9821.
It has proved possible under existing rules to schedule daily driving periods and breaks to enable a driver to drive for too long without a full break, leading to reduced road safety and a deterioration in driver’s working conditions.

It is therefore appropriate to introduce a longer minimum break which must be taken within a shorter time period.

20 21 OJ L 370, 31.12.1985, p. 8.

OJ L 274, 9.10.1998, p. 1.


19 (15) Current compensation periods for reduced rest periods, both daily and weekly, have been found to be so flexible and varied as to be practically unenforceable.

In order to simplify the scheme, a new balance should be found which retains flexibility but provides a better standard for the driver and is computable.

Standard daily rest periods should be increased and split periods of rest should not be permitted.
Reduced rest periods should be left without compensation and weekly reduced rest periods permitted only once between two full weekly rest periods.

(16) Many road transport operations within the Community involve transport by ferry or by rail for part of the journey.

Clear, appropriate provisions regarding daily rest periods and breaks should therefore be laid down for such operations.
(17) (18) (19) In view of the increase in cross-border carriage of goods and passengers, it is desirable in the interests of road safety and enhanced enforcement for roadside checks to cover driving times and rest periods undertaken within other Member States or third countries.
Liability of transport undertakings should apply at least to transport undertakings which are legal or natural persons, and should not exclude proceedings against natural instigators or accessories to infringements of this persons who are perpetrators, Regulation It is necessary for drivers working for several transport undertakings to supply each one with adequate information to enable it to fulfil its responsibilities under this Regulation.
(20) In order to promote social progress and improve road safety, each Member State must retain the right to adopt certain appropriate measures.

(21) National derogations should reflect changes in the road transport sector and be restricted to those elements not now subject to competitive pressures.

(22) (23) (24) (25) The Member States should lay down rules for vehicles used for the carriage of passengers on regular services where the route covered does not exceed 50km.
Those rules should provide adequate protection in terms of driving times allowed and breaks and rest periods imposed.

It is desirable in the interests of effective enforcement that all regular national and international passenger transport services should be checked using the standard recording device.

The Member States should lay down rules on penalties applicable to infringements of they are implemented.
Those the provisions of this Regulation and ensure that penalties must be effective, proportionate and dissuasive.

The possibility of impounding the vehicle where serious infringements are detected should be included within the common range of penalties open to Member States.

It is desirable in the interests of clear and effective enforcement to ensure uniform provisions on the liability of transport undertakings and drivers for breaches of the measures provided for in this Regulation.
This liability may result in penal, civil or administrative sanctions as may be the case in the Member States.

20 (26) In accordance with the principles of subsidiarity and proportionality as set out in Article 5 of the Treaty, the objective of laying down clear common rules on driving times and rest periods for drivers in road transport cannot be sufficiently achieved by the Member States and can therefore, by reason of the need for co-ordinated transnational action, be better achieved by the Community.
This Regulation confines itself to the minimum required in order to achieve those objectives and does not go beyond what is necessary for that purpose.

(27) In accordance with Article 2 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission22, measures for the implementation of this Regulation should be adopted by use of the advisory procedure provided for in Article 3 of that Decision.
(28) For reasons of clarity and rationalisation, Regulation (EEC) No 3820/1985 should be repealed and replaced by this Regulation.
HAVE ADOPTED THIS REGULATION: CHAPTER I Introductory provisions Article 1 This Regulation lays down rules on driving time, breaks and rest periods for drivers engaged in the carriage of goods and passengers by road in order to harmonise the conditions of competition between methods of inland transport, especially with regard to the road sector and to improve working conditions and road safety.

1.
1.

This Regulation shall apply to carriage by road: Article 2 (a) of goods where the permissible maximum weight of the vehicles, including any trailer, or semi-trailer, exceeds 3.5 tonnes, or (b) of passengers by vehicles which are constructed or permanently adapted for carrying more than nine persons including the driver, and are intended for that purpose.
It shall apply to vehicles registered in the Community where the carriage by road is undertaken: (a) entirely within the Community; or (b) between the Community and a third country which is not a contracting party to the European Agreement concerning the Work of Crews of Vehicles engaged in International Road Transport (AETR) or passes through such a country.

22 OJ L 184, 17.7.1999, p. 23.

21 2.


The AETR shall apply where carriage by road is undertaken: (a) by vehicles registered in any Member State or any country which is a contracting party to the AETR, for the whole of the journey where that journey is between the Community and a country which is a contracting party, or through such a country; or (b) by vehicles registered in a third country which is not a contracting party to the AETR, for the whole of the journey made within the Community.
Without prejudice to Article 6(6), this Regulation shall not apply to carriage by: Article 3 1.

2.

3.

4.

5.

6.

7.

8.
9. vehicles used for the carriage of passengers on regular services where the route covered by the service in question does not exceed 50 kilometres; vehicles with a maximum authorised speed not exceeding 30 kilometres per hour; vehicles owned or hired in without a driver by the armed services, civil defence, fire services, and forces responsible for maintaining public order; vehicles used in emergencies or rescue operations; specialised vehicles which are owned or hired in without a driver by the State and used for medical purposes; specialised vehicles transporting circus and fun-fair equipment; specialised breakdown vehicles operating within a 50 km radius of their base; vehicles undergoing road tests for technical development, repair or maintenance purposes, and new or rebuilt vehicles which have not yet been put into service; vehicles with a maximum permissible weight not exceeding 7 500 kg used for non- commercial carriage of goods.
Article 4 For the purposes of this Regulation the following definitions will apply: 1.

2.
“carriage by road” means any journey made on roads by a vehicle, whether laden or not, used for the carriage of passengers or goods; “vehicle” means a motor vehicle, tractor, trailer or semi-trailer, defined as follows: – – “motor vehicle”: any mechanically self-propelled vehicle circulating on the road, other than a vehicle permanently running on rails, and normally used for carrying passengers or goods; “tractor”: any mechanically self-propelled vehicle circulating on the road, other than a vehicle permanently running on rails, and specially designed to pull, push or move trailers, semi-trailers, implements or machines; 22 – – “trailer”: any vehicle designed to be coupled to a motor vehicle or tractor; “semi-trailer”: a trailer without a front axle coupled in such a way that a substantial part of its weight and of the weight of its load is borne by the tractor or motor vehicle; “driver” means any person who drives the vehicle even for a short period, or who is carried in a vehicle in order to be available for driving if necessary; "break" means any period during which a driver may not carry out any other work.
“other work” means any activity which is not rest, a break or driving.

Waiting time and time not devoted to driving spent in a vehicle in motion, a ferry, or a train shall also not be regarded as ‘other work’.

“rest” means any uninterrupted period during which the driver may freely dispose of his time.

"daily rest period" means the daily period during which the driver may freely dispose of his time and covers a "regular daily rest period" or a "reduced daily rest period".
– – "regular daily rest period" means any uninterrupted period of rest of at least 12 hours.

"reduced daily rest period" means any uninterrupted period of rest of at least 9 hours but less than 12 hours.

"weekly rest period" means the weekly period during which the driver may freely dispose of his time and covers a "regular weekly rest period" or a "reduced weekly rest period".

– – "regular weekly rest period" means any uninterrupted period of rest of at least 45 hours.
"reduced weekly rest period" means any uninterrupted period of rest of at least 24 hours but less then 45 hours, which is taken other than at the place where the vehicle is normally based or where the driver is based.

A “flexible week" means the period of time between the end of one weekly rest period and the beginning of the next weekly rest period.
"daily driving time" means the total accumulated driving time between any two consecutive daily rest periods or between a daily rest period and a weekly rest period.

"weekly driving time" means the total accumulated driving time during a week.

“permissible maximum weight” means the maximum authorised operating weight of the vehicle fully laden; 3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

23 13.

14.

15.

1.

2.


”regular passenger services” means national and international services as defined in Article 2 of Council Regulation (EC) n° 684/9223”.

“multi-manning” - a driver is engaged in multi-manning a vehicle if there is, during all periods of driving between any two consecutive daily rest periods, or between a daily rest period and a weekly rest period, at least one other driver on the vehicle.
“transport undertaking” means any natural person, any legal person, any association or group of persons without legal personality, whether profit-making or not, or any official body, whether having its own legal personality or being dependent upon an authority having such a personality which engages in carriage by road.

CHAPTER II Crew, driving times, breaks and rest periods The minimum age for conductors shall be 18 years.

Article 5 The minimum age for driver’s mates shall be 18 years.
However, Member States may reduce the minimum age for drivers’ mates to 16 years provided that (a) the carriage by road is carried out within one Member State within a 50 kilometre radius of the place where the vehicle is based, including local administrative areas the centres of which are situated within that radius, (b) the reduction is for the purposes of vocational training, and (c) there is compliance with the limits imposed by the Member State’s national law on employment matters.

1.
1.

The daily driving time shall not exceed nine hours.

Article 6 2.

3.

4.

5.

23 However, the daily driving time may be extended to at most 10 hours not more than twice during the flexible week.

The flexible week shall not exceed 144 hours.

The weekly driving time shall not exceed 56 hours.

The total accumulated driving time during any two consecutive flexible weeks shall not exceed 90 hours.
Daily and weekly driving times shall include all driving time on the territory of the Community or of a third country.

OJ L 74, 20.3.1992, p. 1, as amended by Council Regulation (EC) No.

11/98, OJ L 4, 8.1.1998, p. 1.

24 6.

1.

2.

1.

2.

3.

4.

5.

6.

1.

2.


A driver of a vehicle within the scope of this Regulation who also drives between two daily rest periods or between a daily and weekly rest period a vehicle coming within the exemptions set out in Article 3 or derogations provided for in Articles 13 and 14 shall record the total daily driving time.

Article 7 After at most three hours of driving a driver shall observe a break of at 30 minutes unless he begins a rest.
least However, this break may be observed after at most four-and-a-half hours of driving if the break is prolonged to at least 45 minutes unless the driver begins a rest.

A driver shall take daily and weekly rest periods.

Article 8 A driver shall complete a new daily rest period not later than 24 hours after the end of the previous daily rest period or weekly rest period.
If the portion of the daily rest period which is contained in the 24 hour period is at least 9 hours but less than 12 hours, then the daily rest period in question shall be regarded as a reduced daily rest period.

A driver may have at most three reduced daily rest periods during a flexible week.

By way of derogation from paragraph 2, within 30 hours after the end of a daily rest period, a driver engaged in multi-manning shall complete a new daily rest period.
than A driver shall commence a new regular weekly rest period not 13 consecutive periods of 24 hours after the end of the previous regular weekly rest period.

later Daily and weekly rest periods may be taken in a vehicle, as long as it has suitable sleeping facilities for each driver and the vehicle is stationary.
Article 9 By way of derogation from Article 8, where a driver accompanies a vehicle which is transported by ferry or train, and takes a regular daily rest period, that period may be interrupted not more than once by other activities not exceeding one hour in total.

During the regular daily rest period mentioned in paragraph 1 the driver shall be able to have access to a bunk or couchette.

25 CHAPTER III Liability of the undertaking Article 10 1.

2.

3.

4.
2.

3.

4.

A transport undertaking shall not give drivers employed or put at its disposal any payment, even in the form of a bonus or wage supplement, related to distances travelled and/or the amount of goods carried if that payment is of such a kind as to endanger road safety.

A transport undertaking shall organise the work of drivers referred to in paragraph 1 in such a way that the drivers are able to comply with Chapter II of this Regulation and Council Regulation (EEC) No.

3821/85.
3821/85.

The transport undertaking shall properly instruct the driver and shall therefore make regular checks to ensure that Chapter II of this Regulation and of Regulation (EEC) n° 3821/85 are complied with.

It shall be an infringement for a driver to breach the rules set out in Chapter II in whole or in part on the territory of a Member State.
It shall be an infringement to drive on the territory of a Member State having breached those rules at any time since the driver’s most recent weekly rest period, even if the driver was not present on that Member State’s territory at the time of that breach of the rules.
Transport undertakings established in a Member State shall be liable for infringements referred to paragraph 3 committed by drivers for the benefit of those undertakings even if the driver was not present on its territory at the time of the infringement.

5.
5.

A transport undertaking shall not be liable under paragraph 4 if it proves that - (a) the infringement was due to the fact that the driver had failed to comply with the instructions given to him by that transport undertaking; or (b) it was not aware and could not reasonably become aware that the driver had been employed or was at the disposal of several employers and was thereby subject to several sets of instructions which would cause him to breach the rules set out in Chapter II.

6.
6.

A driver who is employed or at the disposal of more than one transport undertaking shall provide sufficient information to each undertaking to enable them to comply with Chapter II.

26 CHAPTER IV Exceptions Article 11 A Member State may apply higher minimum breaks and rest periods or lower maximum driving times than those laid down in Articles 6 to 9 inclusive to carriage by road undertaken wholly within its territory by vehicles registered in that Member State.
Article 12 Provided that road safety is not thereby jeopardised and to enable the vehicle to reach a suitable stopping place, the driver may depart from the provisions of Articles 6 – 9 to the extent necessary to ensure the safety of persons, of the vehicle or its load.

The driver shall indicate the nature of the reason for such departure from the provisions on the record sheet of the recording equipment or in the duty roster.

Article 13 1.
Provided the objectives set out in Article 1 are not prejudiced, each Member State may grant exceptions on its own territories or, with the agreement of the States concerned, on the territory of another Member State from Articles 5 - 9 applicable to carriage by the following: (a) (b) (c) (d) (e) (f) vehicles owned or hired without a driver by public authorities to undertake carriage by road which do not compete with private transport undertakings; vehicles used by agriculture, horticulture, fishery undertakings for carrying goods within a 50 kilometre radius of the base of the undertaking; farming or forestry, vehicles with a maximum permissible weight not exceeding 7500 kg carrying material or equipment for the driver’s use in the course of his work within a 50 kilometre radius of the base of the undertaking, provided that driving the vehicles does not constitute the driver’s main activity; vehicles operating exclusively on islands not exceeding 2300 square kilometres in area which are not linked to the rest of the national territory by a bridge, ford or tunnel open for use by motor vehicles; vehicles used for the carriage of goods within a 50 km radius of the base of the undertaking and propelled by means of natural or liquefied gas or electricity, the maximum permissible weight of which, including the weight of trailers or semi-trailers, does not exceed 7500 kg; vehicles used for driving instruction with a view to obtaining a driving licence, provided that they are not being used for the commercial carriage of goods or passengers; 27 (g) vehicles used in connection with sewerage, flood protection, or water services, highway maintenance and control, or refuse collection or disposal services; 2.
Member States shall paragraph 1 and the Commission shall inform other Member States thereof.

inform the Commission of the exceptions granted under Article 14 Provided that the objectives set out in Article 1 are not prejudiced, Member States may, after authorisation by the Commission, grant exceptions from the application of Articles 6 - 9 of this Regulation to transport operations carried out in exceptional circumstances.
In urgent cases they may grant a temporary exception for a period not exceeding 30 days, which shall be notified immediately to the Commission.

The Commission shall inform the other Member States of any exception granted pursuant to this Article.

Article 15 Member States shall ensure that drivers of vehicles stipulated in Article 3(1) shall be covered by national rules which provide adequate protection in terms of driving times allowed and breaks and rest periods imposed.
CHAPTER V Control procedures and penalties Article 16 1.

2.
2.

Where no recording equipment has been fitted to the vehicle in accordance with Regulation (EEC) 3821/85, the provisions set out in paragraphs 2 and 3 of this Article shall apply until 31 December 2006 to: (a) regular national passenger services, and (b) regular international passenger services whose route terminals are located within a distance of 50 km as the crow flies from a frontier between two Member States and whose route length does not exceed 100 km.
A service timetable and a duty roster shall be drawn up by the transport undertaking and shall show, in respect of each driver, the name, place where he is based and the schedule laid down in advance for various periods of driving, other work, breaks and availability.

Each driver assigned to a service referred to in paragraph 1 shall carry an extract from the duty roster and a copy of the service timetable.

28 3.
28 3.

The duty roster shall (a) include all the particulars specified in paragraph 2 for a minimum period covering the previous 28 days, (b) be signed by the head of the transport undertaking or by a person authorised to represent him, and (c) be kept by the transport undertaking for one year after expiry of the period covered by it.

The transport undertaking shall give an extract from the roster to the drivers concerned upon request.
The duty roster shall, at the request of an authorised inspecting officer, be produced and handed over.

Article 17 in Commission Decision Member States, using the standard form set out 93/173/EEC24, shall communicate the necessary information to the Commission to enable it to draw up every two years a report on the application of this Regulation and Regulation (EEC) 3821/85 and developments in the fields in question.
This information must reach the Commission not later than 30 September of the year following the end of the two year period concerned.

The Commission shall forward the report to the European Parliament and to the Council within 13 months of the end of the two-year period concerned.

Article 18 Member States implementation of this Regulation.
shall adopt such measures as may be necessary for the Article 19 Member States shall lay down rules on penalties applicable to infringements of the provisions of this Regulation and ensure that they are implemented.

Those penalties must be effective, proportionate and dissuasive.

These penalties may be civil, administrative or criminal in nature.

The penalties shall include the possibility of impoundment of the vehicle for serious infringements.

24 OJ L 72, 25.3.1993, p. 33.

29 Article 20 1.


Member States shall assist each other in applying this Regulation and in checking compliance therewith.

They shall inform the Member State in which the transport undertaking concerned is established of any breach of the rules set out in Chapter II committed on or outside their territory, including any breach which occurred prior to the most recent weekly rest period.
Such information shall be provided within a reasonable time period and shall include information about any penalties imposed.

2.

The competent authorities of the Member States shall regularly send one another all available information concerning: (a) breaches of the rules set out in Chapter II committed by non-residents and any penalties imposed for such breaches ; (b) penalties imposed by a Member State on its residents for such breaches committed in other Member States.
The Community shall enter into any negotiations with third countries, which may prove necessary for the purpose of implementing this Regulation.

Article 21 Article 22 Committee procedures 1.

2.

1.

2.

The Commission shall be assisted by the committee referred to in Article 18(1) of Regulation 3821/85; it shall be composed of representatives of the Member States and chaired by a representative of the Commission.
Where reference is made to this paragraph, the advisory procedure laid down in Article 3 of Decision 1999/468/EC shall apply, in compliance with Article 7 and Article 8 thereof.

Article 23 Implementing measures Member States may bring any question concerning the implementation of this Regulation to the attention of the Commission.

Appropriate decisions shall be adopted in accordance with the advisory procedure referred to in Article 22(2).
At the request of a Member State or on its own initiative the Commission shall: (a) examine cases where differences in the application and enforcement of any of the provisions of the Regulation arise; 30 (b) clarify the provisions of the Regulation and ensure a common approach; (c) in a specific case concerning driving times, breaks and rest periods take a decision in accordance with the advisory procedure referred to in Article 22(2).
The Commission shall communicate its decision to the European Parliament, the Council and to the Member States.

3.

Without prejudice to Article 226 of the Treaty, any Member State may refer the Commission’s decision to the Council within a time limit of one month.

The Council, acting by a qualified majority, may in exceptional circumstances take a different decision within a period of two months.

CHAPTER VI Final provisions Article 24 Regulation (EEC) 3820/85 is repealed.
Article 25 This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Communities.

It shall apply from January 2004.

This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, For the European Parliament The President For the Council The President 31 ANNEX Comparative Table Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the harmonisation of certain social legislation relating to road transport Council Regulation.

(EEC) 3820/85 Proposal Article 1 Article 4 In this Regulation: 1.
“carriage by road” means any journey made on roads open to the public of a vehicle, whether laden or not, used for carriage of passengers or goods; For the purposes of this Regulation the following definitions will apply: 1.

“carriage by road” means any journey made on roads […]by a vehicle, whether laden or not, used for the carriage of passengers or goods; 2.

“vehicles” means motor vehicles, tractors, trailers and semi-trailers, defined as follows: 2.
“vehicle” means a motor vehicle, tractor, trailer or semi-trailer, defined as follows: (a) “ motor vehicle “: any mechanically self propelled vehicle circulating on the road, other than a vehicle running on rails, and normally used for carrying passengers or goods; (a) “ motor vehicle“: any mechanically self- propelled vehicle circulating on the road, other than a vehicle permanently running on rails, and normally used for carrying passengers or goods; (b) “tractor”: any mechanically self propelled vehicle circulating on the road, other than a vehicle running on rails, and specially designed to pull, push or move trailers, implements or machines; semi-trailers, (b) “tractor”: any mechanically self- propelled vehicle circulating on the road, other than a vehicle permanently running on rails, and specially designed to pull, push or move trailers, semi-trailers, implements or machines; (c) “trailer”: any vehicle designed to be coupled to a motor vehicle or tractor; (c) “trailer”: any vehicle designed to be coupled to a motor vehicle or tractor; (d) “semi-trailer”: a trailer without a front axle coupled in such a way that a substantial part of its weight and of the weight of its load is borne by the tractor or motor vehicle; (d) “semi-trailer”: a trailer without a front axle coupled in such a way that a substantial part of its weight and of the weight of its load is borne by the tractor or motor vehicle; 3.”driver” means any person who drives the vehicle even for a short period, or who is carried in the vehicle in order to be available for driving if necessary; 3.”driver” means any person who drives the vehicle even for a short period, or who is carried in a vehicle in order to be available for driving if necessary; 32 4.
"week" means the period between 00.00 hours on Monday and 24.00 hours on Sunday.

Deleted New New 4.

"break" means any period during which a driver may not carry out any other work.

5.

“other work” means any activity which is not rest, a break or driving.

Waiting time and time not devoted to driving spent in a vehicle in motion, a ferry, or a train shall also not be regarded as ‘other work’.

4.
4.

“rest” means any uninterrupted period of at least one hour during which the driver may freely dispose of his time; 6.

“rest” means any uninterrupted period […]during which the driver may freely dispose of his time.

New New New 7.

"daily rest period" means the daily period during which the driver may freely dispose of his time and covers a "regular daily rest period" or a "reduced daily rest period".

"regular daily rest period" means any uninterrupted period of rest of at least 12 hours.
"reduced daily rest period" means any uninterrupted period of rest of at least 9 hours but less than 12 hours.

8.

"weekly rest period" means the weekly period during which the driver may freely dispose of his time and covers a "regular weekly rest period" or a "reduced weekly rest period".

"regular weekly rest period" means any uninterrupted period of rest of at least 45 hours.
"reduced weekly rest period" means any uninterrupted period of rest of at least 24 hours but less then 45 hours, which is taken other than at the place where the vehicle is normally based or where the driver is based.

9.

A "flexible week" means the period of time between the end of one weekly rest period and the beginning of the next weekly rest period.

33 New New 10.
33 New New 10.

"daily driving time" means the total accumulated driving time between any two consecutive daily rest periods or between a daily rest period and a weekly rest period.

11.

"weekly driving time" means the total accumulated driving time during a week.

6.

“permissible maximum weight” means the maximum authorised operating weight of the vehicle fully laden; 12.
“permissible maximum weight” means the maximum authorised operating weight of the vehicle fully laden; and passenger services” means 7.”regular national as services international defined in Article 1 of Council Regulation 117/66/EEC of 28 July, 1966 on the introduction of common rules the international carriage of passengers by coach and bus” for New New services” means 13.

”regular passenger national as services international and defined in Article 2 of Council Regulation (EC) n° 684/92”.

14.
14.

“multi-manning” - a driver is engaged in multi-manning a vehicle if there is, during all periods of driving between any two consecutive daily rest periods, or between a daily rest period and a weekly rest period, at least one other driver on the vehicle.
15. any “transport undertaking” means natural person, any legal person, whether profit-making or not, any association or group of persons without legal personality, whether profit-making or not, or any official body, whether legal having personality or being dependent upon an authority having such a personality, which engages in carriage by road.

own its 34 Council Regulation.

(EEC) 3820/85 Proposal Article 2 Articles 1 & 2 New (reprise of first recital) 1.
This Regulation applies to carriage by road, as defined in Article 1 (1) within the Community This Regulation lays down rules on driving time, breaks and rest periods for drivers engaged in the carriage of goods and passengers by road in order to harmonise the conditions of competition between methods of inland transport, especially with regard to the road sector and to improve working conditions and road safety.

1.
1.

This Regulation shall apply to carriage by road: of goods where (a) permissible maximum weight of the vehicles, including any trailer, or semi-trailer, exceeds 3.5 tonnes, or the (b) of passengers by vehicles which are constructed or permanently adapted for carrying more than nine persons including the driver, and are intended for that purpose.
It shall apply to vehicles registered in the Community where the carriage by road is undertaken: (a) entirely within the Community; or (b) between the Community and a third country which is not a contracting party to the European Agreement concerning the Work of Crews of Vehicles engaged in (AETR) or International Road Transport passes through such a country.

2.
2.

The AETR shall apply where carriage by road is undertaken: (a) by vehicles registered in any Member State or any country which is a contracting party to the AETR, for the whole of the journey where that journey is between the Community and a country which is a contracting party, or through such a country; or 35 2.
The European Agreement concerning the Work of Crews of Vehicles engaged in International Road Transport (AETR) shall apply instead of to international road transport operations: the present rules - to and/or from third countries which are Contracting parties to the Agreement, or in transit through such countries, for the whole of such operations are carried out by vehicles journey where the registered in the Member State or in one of the said third countries; – to and/or from a third country which is not a Contracting Party to the Agreement in the case of any journey made within the Community where such operations are carried out by vehicles registered in one of those countries.
(b) by vehicles registered in a third country which is not a contracting party to the AETR, for the whole of the journey made within the Community.

Council Regulation.

(EEC) 3820/85 Proposal Article 3 Article 21 into any The Community shall negotiations with third countries which may prove of the for implementing this Regulation.

necessary purpose enter into any The Community shall negotiations with third countries, which may prove of the for implementing this Regulation.
necessary purpose enter Council Regulation.
(EEC) 3820/85 Proposal Article 4 Article 3 This Regulation shall not apply to carriage by: Without prejudice Regulation shall not apply to carriage by: to Article 6(6), this 1. vehicles used for carriage of goods where the the maximum permissible weight of vehicles, including any trailer or semi-trailer, does not exceed 3.5 tonnes; Deleted (moved to Scope) vehicles the virtue carriage of of for 2. used passengers which, their by constructions and equipment, are suitable for persons, carrying not more including the driver, and are intended for that purpose; than nine Deleted (Moved to Scope) used vehicles of for 3. passengers on regular services where the route covered by the service in question does not exceed 50 kilometres; carriage the used vehicles of for 1. passengers on regular services where the route covered by the service in question does not exceed 50 kilometres; carriage the 4. vehicles with a maximum authorised speed not exceeding 30 kilometres per hour; 2. vehicles with a maximum authorised speed not exceeding 30 kilometres per hour; 36 5. vehicles used by or under control of the armed services, civil defence, fire services, and forces responsible for maintaining public order; 3. vehicles owned or hired in without a driver by the armed services, civil defence, fire services, for forces and maintaining public order; responsible Deleted (moved to national derogation) 6. vehicles used in connection with the sewerage, flood protection, water, gas, and electricity services, highway maintenance and control, refuse collection and disposal, telegraph and telephone services, carriage of television postal radio radio or broadcasting and detection of television transmitters or receivers; articles, and 7. vehicles used in emergencies or rescue operations; 4. vehicles used in emergencies or rescue operations; 8. specialised vehicles used for medical purposes; 5. specialised vehicles which are owned or hired in without a driver by the State and used for medical purposes; 9. vehicles transporting circus and fun-fair equipment; 6. specialised vehicles transporting circus and fun-fair equipment; 10. specialised breakdown vehicles; 7. specialised breakdown vehicles operating within a 50 km radius of their base; 11. vehicles undergoing road tests for technical development, repair or maintenance purposes, and new or rebuilt vehicles which have not yet been put into service; vehicles undergoing 8. for technical development, repair or maintenance purposes, and new or rebuilt vehicles which have not yet been put into service; road tests vehicles 12. carriage of goods for personal use; used for non-commercial 9. vehicles with a maximum permissible weight not exceeding 7 500 kg used for non- commercial carriage of goods […].
13. vehicles used for milk collection from farms and the return to farms of milk containers or milk products intended for animal feed.

Deleted 37 Council Regulation.

(EEC) 3820/85 Proposal Article 5 Article 5 1.
The minimum ages for drivers engaged in the carriage of goods shall be as follows:- Deleted (a) for vehicles, where semi-trailers, appropriate having a permissible maximum weight of not more that 7.5 tonnes, 18 years: including, or trailers (b) for other vehicles:- - - 21 years or the person 18 years provided that concerned holds a certificate of professional competence recognised the Member States by one of confirming that he has completed a training of vehicles intended for the carriage of goods by road, in conformity with Community rules on the minimum level of training for road transport drivers.
drivers course for 2.

Any driver engaged in the carriage of passengers shall have reached the age of 21 years.
Deleted Any driver engaged in the carriage of passengers on journeys beyond 50 kilometre radius from the place where the vehicle is normally based must also fulfil one of the following conditions: (a) he must have worked for at least one year ion the carriage of goods as a driver of vehicles with a permissible 3.5 maximum weight tonnes; exceeding passenger (b) he must have worked for at least one year as a driver of vehicles used to provide on journeys within a 50 kilometre radius from the place where the vehicle is normally based, or other types of passenger services not subject to this Regulation, provided the competent services 38 authority considers that he has by so necessary doing experience; acquired the (c) he must hold a certificate of professional competence recognised by one of the Member States confirming that he has completed a training course for drivers of of for vehicles passengers by road, in conformity with Community rules on the minimum level of training for road transport drivers.
intended carriage the 3.

The minimum age for drivers’ mates and conductors shall be 18 years.

1.

The minimum age for […] conductors shall be 18 years.

4.

A driver engaged in the carriage of passengers shall not be subject to the conditions laid down in paragraph 2, second subparagraph, (a), (b) and (c) if he has carried on that occupation for at least one year prior to 1 October, 1970.

Deleted 5.
Deleted 5.

In the case of internal transport operations carried out within a 50 kilometre radius of the place where the vehicle is based, the including local administrative areas centres of which are situated within that radius, Member States may reduce the minimum age for drivers’ mates to 16 years, this is for purposes of on condition that vocational training and subject to the limits imposed law on their employment matters.

national by 2.

The minimum age for driver’s mates shall be 18 years.
However, Member States may reduce the minimum age for drivers’ mates to 16 years provided that (a) the carriage by road is carried out within one Member State within a 50 kilometre radius of the place where the vehicle is based, including local administrative areas the centres of which are situated within that radius, (b) the reduction is for the purposes of vocational training, and there is compliance with the limits (c) imposed by the Member State’s national law on employment matters.
39 Council Regulation.

(EEC) 3820/85 Proposal Article 6 Article 6 1.

The driving period between any two daily rest periods or between a daily rest period and a weekly rest period, hereinafter called "daily driving period", shall not exceed nine hours.

It may be extended twice in any week to 10 hours.

1.

The daily driving time shall not exceed nine hours.

However, the daily driving time may be extended to at most 10 hours not more than twice during the flexible week.
A driver must, after no more than six daily driving periods, take a weekly rest period as defined in Article 8.3.

Deleted The weekly rest period may be postponed until the end of the sixth day if the total driving time over the six days does not exceed the maximum corresponding to six daily driving periods.

2.

The flexible week shall not exceed 144 hours.

3.

The weekly driving time shall not exceed 56 hours.


In the case of the international carriage of passengers, other than regular services, the terms "six" and "sixth" in the second and the third subparagraphs shall be replaced by "twelve" and "twelfth" respectively.

Deleted Member States may extend the application of the previous subparagraphs to national passenger services within their territory, other than regular services.

Deleted 2.
Deleted 2.

The total period of driving in any one fortnight shall not exceed 90 hours.

New New 4.

The total accumulated driving time during any two consecutive flexible weeks shall not exceed 90 hours.

5.

Daily and weekly driving times shall include all driving time on the territory of the Community or of a third country.

6.
6.

A driver of a vehicle within the scope of this Regulation who also drives between two daily rest periods or between a daily and weekly rest period a vehicle coming within in Article 3 or the exemptions set out derogations provided for in Articles 13 and 14 shall record the total daily driving time.

40 Council Regulation.

(EEC) 3820/85 Proposal Article 7 Article 7 1.

After at most 3 hours of driving a driver shall observe a driving break of 30 minutes, unless he begins a rest.
at most this break may be observed 2.

However, four-and-a-half hours of after driving if the break is prolonged to at least 45 minutes unless the driver begins a rest.

Deleted Deleted Deleted New 1.

After four-and-a-half hours driving, the driver shall observe a break of at least 45 minutes, unless he begins a rest period.

2.
2.

This break may be replaced by breaks of at least 15 minutes each distributed over the driving period or immediately after this period in such a way as to comply with the provisions of paragraph 1.

3.

By the way of exception from paragraph 1, in the case of national carriage of passengers on regular services Member States may fix the minimum break at not less than 30 minutes after a driving period not exceeding four hours.
Such exceptions may be granted only in cases where breaks in driving of 30 minutes could hamper the flow of urban traffic and where it is not possible for drivers to take a 15-minute break within the four-and-a-half hours of driving prior to a 30-minute break.

4.

During these breaks, the driver may not carry out any other work.

For the the waiting purposes of this Article, time and time not devoted to driving spent in a vehicle in motion, a ferry, or a train shall not be regarded as "other work".

5.
5.

The breaks observed under this Article may not be regarded as daily rest periods.

Deleted 41 Council Regulation.

(EEC) 3820/85 Proposal Article 8 Article 8 1. to a minimum of In each period of 24 hours, the driver shall have a daily rest period of at least 11 consecutive hours, which may be reduced nine consecutive hours not more than three times a week, on condition that an equivalent period of rest be granted as compensation before the end of the following week.
On days when the rest is not reduced in accordance with the first subparagraph, it may be taken in two or three separate periods during the 24-hour period, one of which must be of at least eight consecutive hours.

In this case the minimum length of the rest shall be increased to 12 hours.

1.

A driver shall take daily and weekly rest periods.

2.

A driver shall complete a new daily rest period not later then 24 hours after the end of the previous daily rest period or weekly rest period.
If the portion of the daily rest period which is contained in the 24 hour period is at least 9 hours but less than 12 hours, then the daily rest period in question shall be regarded as a reduced daily rest period.

3.

A driver may have at most three reduced daily rest periods during a flexible week.

Deleted 2.

During each period of 30 hours when a two vehicle is manned by at drivers, each driver shall have a rest period of not less than eight consecutive hours.

least 4.
least 4.

By way of derogation from paragraph 2, within each period of 30 hours after the end of a daily rest period, a driver engaged in multi-manning shall complete a new daily rest period.

5.

The driver shall commence a new regular than 13 weekly rest period not consecutive periods of 24 hours after the end of his previous regular weekly rest period.

later 3.
later 3.

In course of each week, one of the rest periods referred to in paragraph 1 and 2 shall be extended, by way of weekly rest, to a total of 45 consecutive hours.

The rest period may be reduced to a minimum of 36 consecutive hours if taken at the place where vehicle is normally based or to a minimum of 24 hours if taken elsewhere.

Each reduction shall be taken en bloc before the end of the third week following the week in question.

4.
4.

A weekly rest period which begins in one week and continues the following week may be attached to either of these weeks.

into Deleted 42 Deleted 5.

In the case of carriage of passengers to fourth and fifth which Article 6.1. paragraphs, applies, the weekly rest period may be postponed until the week following that in respect of which the rest due and added on to that second week.

Deleted 6.
Deleted 6.

Any rest taken as a compensation for the reduction of the daily and/or weekly rest periods must be attached to another rest least eight hours and shall be of at granted, at the request of the person concerned, at the vehicle's parking place or driver's base.

7.

The daily rest period may be taken in a vehicle, as long as it is fitted with a bunk and is stationary 6.
Daily and weekly rest periods may be taken in a vehicle, as long as it has suitable sleeping facilities for each driver and the vehicle is stationary.

Council Regulation.

(EEC) 3820/85 Proposal Article 9 Article 9 Notwithstanding Article 8(1), where a driver engaged in the carriage of goods or passengers accompanies a vehicle which is transported by ferryboat or train, the daily rest period may be interrupted not more than once, provided that the following conditions are fulfilled: 1.
By way of derogation from Article 8, where a driver accompanies a vehicle which is transported by ferry or train, and takes a regular daily rest period, that period may be interrupted not more than once by other activities not exceeding one hour in total.
- that part of the daily rest period spent on the land must be able to be taken before or after the portion of the daily rest period taken on board the ferryboat or the train, Deleted 43 Deleted - the period between the two portions of the daily rest period must be as short as possible and may on no account exceed one hour before the embarkation or after custom formalities disembarkation, being included in the embarkation or disembarkation operations, - during both portions of the rest period the driver must be able to have access to a bunk or couchette.
2.

During the regular daily rest period mentioned in paragraph 1 the driver shall be able to have access to a bunk or couchette.

-The daily rest period, interrupted in this way, shall be increased by two hours.

Deleted Council Regulation.


(EEC) 3820/85 Proposal Prohibition of certain types of payment Liability of the undertaking Article 10 Article 10 Payments to wage-earning drivers, even in the form of bonuses or wages supplements, related to distances travelled and/or the amount of goods carried shall be prohibited, unless these payments are of such a kind as not to endanger road safety.

New Inclusion of former Article 15 New 1.


A transport undertaking shall not give drivers employed or put at its disposal any payment, even in the form of a bonus or related to distances wage travelled and/or the amount of goods carried if that payment is of such a kind as to endanger road safety.

supplement, 2.
supplement, 2.

A transport undertaking shall organise the work of drivers referred to in paragraph 1 in such a way that the drivers are able to comply with Chapter II of this Regulation and Council Regulation (EEC) No.

3821/85.

The transport undertaking shall properly instruct the driver and shall therefore make regular checks to ensure that Chapter II of this Regulation and of Regulation (EEC) n° 3821/85 are complied with.

3.
3.

It shall be an infringement for a driver to breach the rules set out in Chapter II in whole or in part on the territory of Member State.

It shall be an infringement to drive on the territory of a Member State having breached those rules at any time since the 44 New New New driver’s most recent weekly rest period, even if the driver was not present on that Member State’s territory at the time of that breach of the rules.

4.
4.

Transport undertakings established in a Member State are liable for infringements referred to paragraph 3 committed by drivers for the benefit of those undertakings even if the driver was not present on its territory at the time of the infringement.

5.
5.

The transport undertaking referred to in paragraph 4 above shall not be liable if it proves that (a) the infringement was due to the fact that the driver had failed to comply with the instructions given to him by that transport undertaking; or it was not (b) aware and could not reasonably become aware that the driver had been employed or was at the disposal of several employers and was thereby subject to several sets of instructions which would cause him to breach the rules set out in Chapter II.
the 6.

A driver who is employed or at transport disposal of more undertaking sufficient shall information to each undertaking to enable them to comply with Chapter II.

than provide one Council Regulation.

(EEC) 3820/85 Proposal Article 11 Article 11 Each Member may apply higher minima or lower maxima than those laid down in Articles 5 to 8 inclusive.

Nevertheless, the provisions of this Regulation shall remain in applicable drivers international on vehicles registered in another Member State.
engaged operations transport to A Member State may apply higher minimum breaks and rest periods or lower maximum driving times than those laid down in Articles 6 to 9 inclusive to carriage by road undertaken wholly within its territory by vehicles registered in that Member State.

45 Council Regulation.


(EEC) 3820/85 Proposal Article 12 Article 12 Provided that road safety is not thereby jeopardised and to enable him to reach a suitable stopping place, the driver may depart from the provisions of this Regulation to the extent necessary to ensure the safety of persons, of the vehicle or its load.

The driver shall indicate the nature of the reason for his departure from the provisions on the record sheet of the recording equipment or in his duty roster.
Provided that road safety is not thereby jeopardised and to enable him to reach a suitable stopping place, the driver may depart from the provisions of Articles 6 – 9 to the extent necessary to ensure the safety of persons, of the vehicle or its load.

The driver shall indicate the nature of the reason for such departure from the provisions on the record sheet of the recording equipment or in the duty roster.

Council Regulation.

(EEC) 3820/85 Proposal Article 13 Article 13 1.


Each Member State may grant exceptions on its own territories or, with the agreement of the States concerned, on the territory of another Member State from any provision of this regulation applicable to carriage by means of a vehicle belonging to one or more of the following categories: 1.
Provided the objectives set out in Article 1 are not prejudiced each Member State may grant exceptions on its own territories or, with the agreement of the States concerned, on the territory of another Member State from Articles 5 to 9 applicable to carriage by the following: (a) vehicles used for carrying passengers, which by virtue of their construction and equipment are suitable for carrying not more than 17 persons, including the driver, and are intended for that purpose; Deleted (b) vehicles used by public authorities to provide in competition with professional road hauliers; services public not are (a) vehicles owned or hired in without a driver by public authorities to undertake carriage by road which does not compete with private transport undertakings; (c) vehicles used by agriculture, horticulture, forestry or fishery undertakings for carrying goods within a 50 kilometre radius of the place where the vehicles is normally based, the including local administrative areas centres of which are situated within that radius; by vehicles used forestry, (b) agriculture, fishery horticulture, undertakings for carrying goods within a 50 kilometre the undertaking; farming or radius of the base of 46 (d) vehicles used for carrying animal waste or carcasses which are not intended for human consumption Deleted (e) vehicles used for carrying live animals from farms to local markets and vice versa or local from slaughterhouses; markets the to (f) vehicles used as shops at local markets of for door to door selling, or used for mobile banking, exchange or saving transactions, the lending of books, for worship, for records, cassettes, for cultural events or exhibitions, and specially fitted for such uses; the vehicle (g) vehicles carrying material or equipment for the driver’s use in the course of his work within a 50 kilometre radius of the place where is normally based, provided that driving the vehicles does not constitute the driver’s main activity and that the exception does not seriously prejudice the objectives of the Regulation.
The Member States may make such exceptions subject to individual authorization; Deleted Deleted (c) vehicles with the maximum permissible weight not exceeding 7500 kg carrying material or equipment for the driver’s use in the course of his work within a 50 kilometre radius of the undertaking, provided that driving the vehicles does not constitute the driver’s main activity.
the base of (h) vehicles operating exclusively on islands not exceeding 2,300 square kilometres in area which are not linked to the rest of the national territory by a bridge, ford or tunnel open for use by motor vehicles; (d) vehicles operating exclusively on islands not exceeding 2300 square kilometres in area which are not linked to the rest of the national territory by a bridge, ford or tunnel open for use by motor vehicles; (i) vehicles used for the carriage of goods and propelled by means of gas produced on the vehicle or of electricity or equipped with a governor in so far as such vehicles are regarded, under the Member State of registration, as equivalent to vehicles propelled by a petrol or diesel engine, the maximum permissible weight of which, including the weight of trailers or semi-trailers, does not exceed 3.5 tonnes; legislation of the (e) vehicles used for the carriage of goods within a 50 km radius of the base of the transport undertaking and propelled by liquefied gas or means of natural or electricity, whose maximum permissible weight, including the weight of trailers or semi-trailers, does not exceed 7500 kg; (j) vehicles used for driving instruction with a view to obtaining a driving licence; (f) vehicles used for driving instruction with a view to obtaining a driving licence provided that they are not being used for the commercial carriage of goods or passengers; 47 (k) tractors used exclusively for agricultural and forestry work.
Deleted From Article 4 (g) vehicles used in connection with the sewerage, flood protection or water services, highway maintenance and control, or refuse collection or disposal services; Member States shall inform the Commission of this the paragraph.

exceptions granted under 2.


Member States may, after authorisation by the Commission, grant exceptions from the application of the provisions of this Regulation to transport operations carried out if such exception does not seriously jeopardise the objectives of the Regulation.

in exceptional circumstances, In urgent cases they may grant a temporary exception for a period not exceeding 30 days, which shall be notified immediately to the Commission.
The Commissions shall notify the other Member States of any exception granted pursuant to this Regulation.

shall States inform the 2.

Member Commission of the exceptions granted under paragraph 1 and the Commission shall inform other Member States thereof.
Article 14 the objectives set out in Provided that Article 1 are not prejudiced, Member States may, after authorisation by the Commission, grant exceptions from the application of Articles 6 - 9 of this Regulation to transport operations exceptional circumstances.

carried out in In urgent cases they may grant a temporary exception for a period not exceeding 30 days, which shall be notified immediately to the Commission.
The Commission shall inform the other Member States of any exception granted pursuant to this Article.

Council Regulation.

(EEC) 3820/85 Proposal New Article 15 Member States shall ensure that drivers of vehicles stipulated in Article 3(1) shall be rules which provide covered by national adequate protection in terms of driving times allowed and breaks and rest periods imposed.

48 Council Regulation.


(EEC) 3820/85 Proposal Article 14 Article 16 1.In the case of -regular national passenger services, and -regular services international passenger whose route terminals are located within a distance of 50 kilometres as the crow flies from a frontier between two Member States and whose route length does not exceed 100 kilometres, which are to this Regulation, a service timetable and a duty roster shall be drawn up by the undertaking.

subject 2.
subject 2.

The duty roster shall show, in respect of each driver, the name, place where based and the schedule laid down in advance for various periods of driving, other work and availability.

include all 3.

The duty roster shall the particulars specified in paragraph 2 for a minimum period covering both the current week and the weeks immediately preceding and following that week.

1.
1.

Where no recording equipment has been fitted to the vehicle in accordance with Regulation (EEC) 3821/85, the provisions set out in paragraphs 2 and 3 of this Article shall apply until 31 December 2006 to: (a) regular national passenger services, and (b) regular international passenger services whose route terminals are located within a distance of 50 km as the crow flies from a frontier between two Member States and whose route length does not exceed 100 km.

2.
2.

A service timetable and a duty roster shall be drawn up by the transport undertaking and shall show, in respect of each driver, the name, place where he is based and the schedule laid down in advance for various periods of driving, other work, breaks and availability.

Each driver assigned to a service referred to in paragraph 1 shall carry an extract from the duty roster and a copy of the service timetable.

3.
3.

The duty roster shall (a) include all the particulars specified in paragraph 2 for a minimum period covering the previous 28 days, (b) be signed by the head of the transport undertaking or by a person authorised to represent him, and (c) be kept by the transport undertaking for one year after expiry of the period covered by it.

The transport undertaking shall give an to the drivers extract concerned upon request.
The duty roster shall, at the request of an authorised inspecting officer, be produced and handed over.

from the roster 49 4.

The duty roster shall be signed by the head of the undertaking or by a person authorised to represent him.

5.

Each driver assigned to a service referred to in paragraph 1 shall carry an extract from the duty roster and a copy of the service timetable.

6.

The duty roster shall be kept by the undertaking for one year after expiry of the period covered.
The undertaking shall give an extract from the roster to the drivers concerned on request.

7.

This Article shall not apply to the drivers of vehicles fitted with recording equipment used in accordance with the provisions of Council Regulation (EEC) No.

3821/85 of 20 December, 1985 on recording equipment in road transport.

See paragraph 3(b) See paragraph 2 See paragraph 3(c) Moved to paragraph 1 above.

Council Regulation.

(EEC) 3820/85 Proposal Article 15 Article deleted 1.
The transport undertaking shall organise drivers’ work in such a way that drivers are able to comply with the relevant provisions of this Regulation and of Regulation (EEC) No.

3821/85.

2.

The undertaking shall make periodic checks to ensure that the provisions of these two Regulations have been complied with.

If breaches are found to have occurred, the undertaking shall take appropriate steps to prevent their repetition.

Moved to Article 10 Moved to Article 10 50 Council Regulation.
(EEC) 3820/85 Proposal Article 16 Article 17 communicate Member States, using the standard form set out in Commission Decision 93/173/EEC25, shall necessary information to the Commission to enable it to draw up every two years a report on the and this application Regulation and (EEC) developments in the fields in question.

Regulation 3821/85 the of must information This the Commission not later than 30 September of the year following the end of the two year period concerned.
reach The Commission shall forward the report to the European Parliament and to the Council within 13 months of the end of the two-year period concerned.

See paragraph 1, first and third indents.

1.

The Commission shall produce a report every two years of the implementation of this Regulation by Member States and developments in the fields in question.
The Commission shall forward the report to the and the European Parliament Councils within 13 months of the expiry of the two- year period covered by the report.

2.

To enable the Commission to draw up the report referred to in paragraph 1, Member States shall communicate the necessary information to the Commission every two form.

This years, using the information must reach the Commission not later than 30th September following the date on which the two year period covered by the report expires.
standard 3.

The Commission shall draw up the standard form consulting the Member States.

See paragraph 1, first indent 25 OJ L 72, 25.3.1993, p.33.

51 Council Regulation (EEC) 3820/85 Proposal Article 17 Article 18 1.

Member States shall, in due time and after such consulting the Commission, adopt administrative laws, provisions as may be necessary for the implementation of this Regulation.
regulations or Such measures shall cover, inter alia, the organisation of, procedure for and means of control and the penalties to be imposed in case of breach.

2.

Member States shall assist each other in applying this Regulation and in checking compliance therewith.
this mutual 3.Within the framework of assistance the competent authorities of the regularly send one Member States shall another information concerning: available all - - of breaches Regulation committed by non-residents and any penalties imposed for such breaches.

this penalties imposed by a Member 1.

Member States shall adopt such measures as may be necessary for the implementation of this Regulation.
Article 19 Member States shall lay down rules on penalties applicable to infringements of the provisions of this Regulation and ensure that they are implemented.

Those penalties must be effective, proportionate and dissuasive.

These penalties may be civil, administrative or criminal in nature.

The penalties shall include the possibility of impoundment of the vehicle for serious infringements.

Article 20 in which the 1.


Member States shall assist each other in applying this Regulation and in checking compliance therewith.

They shall inform the transport Member State undertaking concerned is established of any breach of the rules set out in Chapter II of this Regulation committed on or outside their territory, including any breach which occurred prior to the most recent weekly rest period.
Such information shall be provided within a reasonable time period and shall include information about any penalties imposed.

2.

The competent authorities of the Member States shall regularly send one another all available information concerning: (a) breaches of the rules set out in Chapter II committed any penalties imposed for such breaches.

non-residents and by (b) penalties imposed by a Member State on its residents for such breaches committed in other Member States.
52 residents State on its such breaches committed in other Member States.

for Council Regulation.

(EEC) 3820/85 Proposal Article 22 Committee procedures New 1.

The Commission shall be assisted by the committee referred to in Article 18(1) of Regulation 3821/85; it shall be composed of representatives of the Member States and the by chaired Commission.

representative of a reference is made to this 2.


Where paragraph, the advisory procedure laid down in Article 3 of Decision 1999/468/EC shall apply, in compliance with Article 7 and Article 8 thereof.

Council Regulation.

(EEC) 3820/85 Proposal New Article 23 1.

Member States may bring any question this concerning the Regulation the to Commission.

Appropriate decisions shall be adopted in accordance with the advisory procedure referred to in Article 22(2).

implementation of of attention the 2.


At the request of a Member State or on its own initiative the Commission may - examine cases where differences in the application and enforcement of any of the provisions of the Regulation arise; - clarify the provisions of the Regulation and ensure a common approach; - in a specific case concerning driving times, breaks and rest periods take a decision in accordance with the advisory procedure referred The in Article Commission shall communicate its decision 22(2).
to 53 to the European Parliament, the Council and to the Member States.

3.

Without prejudice to Article 226 of the Treaty, any Member State may refer the Commission’s decision to the Council within a time limit of one month.

The Council, acting by a qualified majority, may in exceptional circumstances take a different decision within a period of two months.

Council Regulation.

(EEC) 3820/85 Proposal Article 18 Article 24 1.

Regulation (EEC) 543/69 is hereby repealed.


However …… Regulation (EEC) 3820/85 is repealed.

2.

References to the Regulation repealed under paragraph 1 shall be construed as references to this Regulation.

Deleted Council Regulation.

(EEC) 3820/85 Proposal Article 19 Article 25 This Regulation shall enter into force on 29 September 1986.

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Communities.
It shall apply from January 2004.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 54 LEGISLATIVE FINANCIAL STATEMENT Policy area(s): Inland, air and maritime transport policy Activity(ies): TITLE OF ACTION: REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL ON THE HARMONISATION OF CERTAIN SOCIAL LEGISLATION RELATING TO ROAD TRANSPORT 1.

BUDGET LINE(S) + HEADING(S) B2-704A 2.

2.1.

2.2.

2.3.
2.1.

2.2.

2.3.

OVERALL FIGURES Total allocation for action (Part B): € 40,000 Period of application: indefinite – annual expenditure Overall multiannual estimate on expenditure: a) Schedule of commitment appropriations/payment appropriations (financial intervention) (see point 6.1.1) Year n n + 1 n + 2 n + 3 N + 4 n + 5 and subs.
Years Total Commitments Payments b) Technical and administrative assistance and support expenditure(see point 6.1.2) Commitments 40000 Payments 40000 Subtotal a+b Commitments Payments 40000 40000 55 c) Overall financial (see points 7.2 and 7.3) impact of human resources and other administrative expenditure Commitments/ payments TOTAL a+b+c Commitments Payments 43200 83200 83200 2.4 Compatibility with the financial programming and the financial perspective X Proposal compatible with the existing financial programming This proposal will entail reprogramming of the relevant heading in the financial perspective This may entail application of Agreement.
2.5 Financial impact on revenue26 the provisions of the Inter-institutional X No financial implications (involves technical aspects regarding implementation of a measure) OR Financial impact – the effect on revenue is as follows: Note: All details and observations pertaining to the method of calculating the effect on revenue should be included in a separate annex € million (to 1 decimal place) Situation following action Year n N+1 n+2 n+3 n+4 n+5 Prior to action (Year n- 1) Budget line Revenue a) Revenue in absolute terms b) Change in Revenue D (Please state each budget line involved, adding the appropriate number of rows to the table if there is an effect on more than one budget line) 26 For further information see a separate guidance paper.
56 3.

BUDGET CHARACTERISTICS Type of expenditure New EFTA participation Participation applicant countries Heading Financial Perspective Non- Differentiated NO NO NO 3 Compulsory 4.

LEGAL BASIS Article 71 of the Treaty 5.


5.1 DESCRIPTION AND GROUNDS Need for Community intervention 27 5.1.1 Objectives pursued The purpose of the advisory committee is • to ensure a common application and enforcement of the Regulation by the competent authorities of Member States; • to promote an exchange of views on developments in this field of the road transport sector; and • to raise issues relating to the Regulation that can be addressed in a more thorough and decisive way within the committee.
The desired outcome is a more effective and uniform application of the rules throughout the Union and a proactive approach to developments arising in the sector 5.1.2 Measures taken in connection with ex ante evaluation Internal consideration of appropriate issues to be addressed by the group 5.1.3 Measures taken following ex post evaluation Internal assessment of group feedback on the impact of any points agreed 5.2 Actions envisaged and arrangements for budget intervention - the target population(s) (specify number of beneficiaries if possible); the European Union road transport industry in general and the drivers of goods and passenger transport by road in particular.
- the specific objectives set for the programming period (in measurable terms); 27 For further information see a separate guidance paper.
57 The advisory committee will assist in: • drawing up the biennial reports which the Commission must produce under Article 16(2) of the Regulation – up until now input from Member States to such reports has been patchy and late thus reducing the impact and value of the reports; • clarifying a common view on the implementation and enforcement of the rules throughout Member States; • advising on refinements to the Community legislation in the light of current operations; and • highlighting developments in the sector that have a bearing on the implementation of the Regulation and associated legislation.
The resources to service this committee in terms of secretariat and meeting arrangements are set out in Points 6 and 7 below.

The costs will be met out of the current budget lines.

5.3 Methods of implementation Advisory Committee as set out in Commission Decision 1999/468/EC.

6.

6.1 FINANCIAL IMPACT Total financial impact on Part B - (over the entire programming period (The method of calculating the total amounts set out in the table below must be explained by the breakdown in Table 6.2. )
6.1.1 Financial intervention Commitments in € million (to the 3rd decimal place) Year N N + 1 N + 2 N + 3 N + 4 Total N + 5 and subs.

years Breakdown Action 1 Action 2 Etc.

TOTAL 58 6.1.2 Technical and administrative assistance, support expenditure and IT expenditure (Commitment appropriations) Year N N + 1 N + 2 N + 3 N + 4 Total N + 5 and subs.
years 1) administrative assistance Technical and assistance Technical a) offices b) Other administrative assistance: technical and - intra muros : - extra muros : of which for construction and of maintenance computerised management systems Subtotal 1 2) Support expenditure a) Studies b) Meetings of experts 40000 c) Information and publications Subtotal 2 40000 TOTAL 40000 59 Calculation of costs by measure envisaged in Part B (over the entire 6.2 programming period)28 (Where there is more than one action, give sufficient detail of the specific measures to be taken for each one to allow the volume and costs of the outputs to be estimated.
).

Commitments in € Breakdown Type of outputs (projects, files ) Number of outputs Average unit cost (total for years 1…n) Total cost (total for years 1…n) 1 2 3 4=(2X3) Action 1 Advisory group Advice/decision 4 meeting p.a.

10000 40000 TOTAL COST 40000 If necessary explain the method of calculation 7.
7.1 IMPACT ON STAFF AND ADMINISTRATIVE EXPENDITURE Impact on human resources Types of post Staff to be assigned to management of the action using existing and/or additional resources Number of permanent posts Number of temporary posts Total Description of tasks deriving from the action Permanent officials Temporary staff or A B C Other human resources Total 0.4 0.4 0.4 Servicing the Committee 0.4 28 For further information see a separate guidance paper.
60 7.2 Overall financial impact of human resources Type of human resources € Amount Method of calculation * Officials Temporary staff Other human resources 43200 0.4 x 108,000 (unit cost), Titles A1, A2, A4, A5 and A7 (give budget line) Total 43200 The amounts reflect the total cost of the posts for 12 months as the operation is of unspecified duration 7.3 Other administrative expenditure deriving from the action € Amount Method of calculation Budget line (number and heading) Overall allocation (Title A7) A0701 – Missions A07030 – Meetings A07031 – Compulsory committees (1) A07032 – Non-compulsory committees (1) A07040 – Conferences A0705 – Studies and consultations … Other expenditure (state which) Information systems (A-5001/A-4300) Other expenditure – Part A (state which) Total NIL The amounts are total expenditure for twelve months.
(1) Specify the type of committee and the group to which it belongs.

I. II.

III.

Annual total (7.2 + 7.3) Duration of action Total cost of action (I x II) € 43200 Indefinite € 43200 (In the estimate of human and administrative resources required for the action, DGs/Services must take into account the decisions taken by the Commission in its orientation debate and when adopting the preliminary draft budget (PDB).
This means that DGs must show that human resources can be covered by the indicative pre-allocation made when the PDB was adopted.
Exceptional cases, where the action concerned could not be foreseen when the PDB was being prepared, will have to be referred to the Commission for a decision on whether and how (by means of an amendment of the indicative pre-allocation, an ad hoc redeployment 61 exercise, a supplementary/amending budget or a letter of amendment to the draft budget) implementation of the proposed action can be accepted.)

8.
8.

8.1 FOLLOW-UP AND EVALUATION Follow-up arrangements Ongoing 8.2 Arrangements and schedule for the planned evaluation Following quarterly meetings 9.
ANTI-FRAUD MEASURES Cost statements of experts checked for conformity following the Commission rules 62 IMPACT ASSESSMENT FORM THE IMPACT OF THE PROPOSAL ON BUSINESS WITH SPECIAL REFERENCE TO SMALL AND MEDIUM-SIZED ENTERPRISES( SMEs) TITLE OF PROPOSAL Regulation of the European Parliament and of the Council on the harmonisation of certain social legislation relating to road transport.

DOCUMENT REFERENCE NUMBER THE PROPOSAL 1.


Taking account of the principle of subsidiarity, why is Community legislation necessary in this area and what are its main aims?

The Community legislation is based on Article 71 of the Treaty.

The organisation of the road transport sector is one of the essential factors in the implementation of the common transport policy.
The provision of uniform, commonly understood standards in road transport has become increasingly important given the predominance of this mode of transport within the Community, the liberalisation of market access and the need to ensure there is no distortion of competition between operators.

This is especially so given the pending adhesion of countries from Central and Eastern Europe.
Clarifying and simplifying the rules which currently govern driving times and rest periods within the Union both for the industry and for the enforcement authorities will improve road safety and safeguard working conditions for those covered by the legislation.

The legislation also reflects the need to render the current rules computable for the new enforcement mechanism – the digital tachograph.

This will promote a better respect for the rules in force.
The proposal builds on feedback from the industry, individuals, associations and government experts over the years which have all indicated the need for a better enforcement regime and draws on the conclusions of a current group of national experts who are reviewing the legislation in the light of its enforcement through the digital tachograph.

THE IMPACT ON BUSINESS 2. Who will be affected by the proposal?

– which sectors of business?


The proposal will affect all drivers of vehicles falling within the scope of the Regulation, namely (a) vehicles whose permissible maximum weight exceeds 3.5 tonnes; and 63 (b) vehicles used for the carriage of more than 9 passengers including the driver.

Hence most road haulage and passenger transport businesses are affected.

– which sizes of business (what is the concentration of small and medium-sized firms)?
According to a 1995 report prepared by the social partners at European level, there are about 1.2 million jobs in passenger transport and some 2.1 million jobs in road haulage for hire or reward with 3-3.5 million in own account transport.

According to a recent Eurostat report – 4/2000, within the Union an average of 3.3 persons are employed in a road transport company.

The concentration of SMEs in the road transport sector is very high.

– are there particular geographical areas of businesses are found?
the Community where these In terms of employees, half the Member States have companies employing on average between 1 and 5 persons.

These Member States tend to be on the periphery of the Union, e.g.

Sweden, Finland, Ireland, or are Mediterranean countries, e.g.

Spain, Italy, Greece.

The highest average number of employees is found in BENELUX, France, Germany and the UK.

3.

What will business have to do to comply with the proposal?
The transport operator will have to organise his business in such a way that the rules on maximum driving times, breaks and minimum rest periods are respected.

For those who have already been doing so there should be no significant change as the basic rules on daily driving times remain unchanged.

However there are changes in the rules in terms of rest periods and breaks where a balance has been struck between the need for flexibility and the protection of basic working conditions for the driver.
There is also a statutory requirement upon the employer to ensure positively that his undertaking complies with the Regulation and making him liable with the driver for infringements.

4.

What economic effects is the proposal likely to have?

– on employment The new rules are designed to be more easily understood and enforced.

Therefore enterprises will be able to comply more comprehensively with the legislation and employment conditions will be improved.
The position of law-abiding operators will be strengthened, and they may well see their market share grow.

From a road safety point of view, encouraging adherence to the rules should also ensure excessive fatigue does not impair a driver’s performance and may therefore enhance the quality of service delivered.
– on investment and the creation of new businesses The realisation that the current rules, simplified, will be capable of being more easily enforced will make transport operators and drivers more wary of breaking the rules and may encourage investment of time and money in the logistics end of their enterprise.

64 – on the competitiveness of businesses The aim of the Regulation is to provide a common set of rules interpreted in a uniform way throughout the Union.
This will facilitate a level playing field, reducing uncertainty in how the rules are enforced during international journeys across the Union.

It will ensure that those firms which go beyond the law and thereby undercut their competitors will no longer consider it safe to do so.

5.

Does the proposal contain measures to take account of the specific situation of small and medium-sized firms (reduced or different requirements etc)?
The proposal does not contain specific measures to this effect as the majority of undertakings are already within this category and are aware of the current rules.

CONSULTATION 6.

List the organisations which have been consulted about the proposal and outline their main views.
The current proposal draws on the conclusions of discussions held by representatives from the Member States comprising enforcement officers and policy officials who have been tasked by the Commission to review the driving time and rest period legislation.

The measures are designed to render the current rules more comprehensible to the industry and enforcement authorities, as well as to facilitate the use of the new digital tachograph, which will shortly become obligatory for new vehicles.
The proposal takes on board criticisms that have been made of the current Regulation by the industry, associations, individuals, as well as government and legal experts.

It seeks to address the general consensus of the need for better enforcement of the rules by rendering the rules as accessible and clear as possible.

The social partners were also consulted on 11 December 2000, 16 January 2001 and 5 February 2001.

Their observations on the proposed provisions were noted and the proposal refined.
Subsequent representations by different interest groups such as AUTF, UITP, IRU and EFT have also been taken into account.

65