Opinion of the Advocate General — ECLI:EU:C:1997:619
Date: 1997-12-16
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Social Policy;Transport
Procedure: Reference for a preliminary ruling
Origin: Sweden

Summary of the J u d g m e n t 
1. Transport — Road transport — Social legislation — Exception in respect of vehicles used by 
public authorities to provide public services which are not in competition with professional 
road hauliers — Scope — Vehicle belonging to an undertaking operating under a contract 
granting it an exclusive right for a specified period — Excluded 
(Council Regulation No 3820/85, Art. 13(1)(b)) 
I - 1225 
SUMMARY — CASE C-387/96 
2. Transport — Road transport — Social legislation — Regular passenger services — Require­
ment that an extract from the duty roster and a copy of the service timetable be carried — 
Scope — Extract from the duty roster produced relating only to the day on which it was 
checked — Requirement not satisfied 
(Council Regulation No 3820/85, Art. 14(5)) 
1. The exception to the provisions of Regu­
lation N o 3820/85 on the harmonisation 
of certain social legislation relating to 
road transport which may be granted, 
pursuant to Article 13(l)(b) thereof, in 
respect of vehicles used by public 
authorities to provide public services 
which are not in competition with profes­
sional road hauliers, does not apply to 
vehicles belonging to an undertaking 
which is wholly owned by a public auth­
ority and which operates a public passen­
ger service under a contract granting it an 
exclusive right for a specified period fol­
lowing a call for competing tenders. 
Where such an undertaking is bound to 
engage in competitive conduct if it is to 
obtain renewal of the contract when it 
comes to an end, it does not satisfy the 
condition relating to the absence of com­
petition with professional road hauliers. 
2. The requirement in Article 14(5) of Regu­
lation N o 3820/85, on the harmonisation 
of certain social legislation relating to 
road transport, that each driver assigned 
to a regular passenger service must carry 
an extract from the duty roster and a 
copy of the service timetable is not satis­
fied where the extract from the duty ros­
ter relates only to the day on which it is 
checked. 
That extract and that copy must provide 
an effective means of monitoring compli­
ance by the driver with the provisions 
concerning driving times and rest periods, 
which means that whenever requested by 
an authorised inspecting officer to do so, 
the driver must be able to produce record 
sheets for the current week, and in any 
case for the last day of the previous week 
on which he drove. 
I - 1226