Opinion of the Advocate General — ECLI:EU:C:2000:487
Date: 2000-09-21
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Social Policy;Transport
Procedure: Reference for a preliminary ruling
Origin: United Kingdom

Summary of the Judgment 
Transport — Road transport — Social legislation — Checks — Periods of work other 
than periods of driving within the meaning of Article 15 of Regulation No 3821/85 — 
Definition 
(Council Regulation No 3821/85, Art. 15) 
I - 573 
SUMMARY — CASE C-297/99 
On a proper construction of Article 15 of 
Regulation No 3821/85 on recording 
equipment in road transport, a driver's 
obligation to record all other periods of 
work extends to time which a driver 
necessarily spends travelling to take over a 
vehicle subject to the obligation to instal 
and use a tachograph and which is not at 
the driver's home or the employer's opera­
tional centre, regardless of whether the 
employer gave instructions as to when and 
how to travel or whether that choice was 
left to the driver. During such periods the 
driver is satisfying an obligation towards 
his employer and therefore does not freely 
dispose of his time. 
Similarly, on a proper construction of 
Article 15, that obligation extends to 
periods of driving spent by a driver whilst 
performing a transport service falling out­
side the scope of Regulation No 3821/85 
before taking over a vehicle to which that 
regulation applies. 
(see paras 23, 35, 39 and operative part) 
I - 574