3. 5. 88 Official Journal of the European Communities No C 116/17 
must be attached to another rest of a least eight 
hours and shall be granted, at the request of the 
driver concerned, at the vehicle's parking place or 
driver's base. 
6. The daily rest period may be taken in a vehicle 
as long as it is fitted with a bunk and is stationary.' 
Article 6 
Article 15 of Regulation (EEC) No 3820/85 is hereby 
replaced by the following: 
'Article 15 
1. The transport undertaking shall organize 
drivers' work in such a way that drivers are able to 
comply with the relevant provisions of this Regu­
lation and of Regulation (EEC) No 3821/85. 
2. The undertaking shall make periodic checks to 
ensure that the provisions of the aforesaid regulations 
have been complied with. If breaches are found to 
have occurred the undertaking shall take appropriate 
steps to prevent their repetition. 
3. The undertaking shall make all relevant docu­
mentation available to the competent authorities 
upon request, thereby facilitating checks on 
compliance with the provisions of this Regulation 
and of Regulation (EEC) No 3821/85/ 
Article 7 
Article 16 of Regulation (EEC) No 3820/85 is hereby 
replaced by the following: 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 75 
thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European 
Parliament, 
Having regard to the opinion of the Economic and 
Social Committee, Article 16 
1. The Commission shall produce a report every 
year on the implementation of this Regulation by 
Member States. The Commission shall forward the 
report to the Council and the European Parliament 
within 13 months following the period covered by the 
report. 
2. To enable the Commission to draw up the 
report referred to in paragraph 1, Member States 
shall, using a standard form, communicate the 
necessary information to the Commission every year. 
This information must reach the Commission no later 
than nine months following the end of the period 
covered by the report. 
3. The Commission shall draw up the standard 
form after consultation with the Member States.' 
Article 8 
Article 15 (7) of Regulation (EEC) No 3821/85 is 
hereby replaced by the following: 
7. 'Whenever requested by an authorized 
inspecting officer to do so, the driver shall produce 
record sheets for the current driving week and the 
driving week preceding that week.' 
Article 9 
This Regulation shall enter into force on 5 September 
1988. 
This Regulation shall be binding in its entirety and 
directly applicable in all Member States. 
Whereas Regulations (EEC) No 3820/85 (*) and (EEC) 
No 3821/85 O, as amended by Regulation (EEC) No 
...., are essential for the creation of a common market 
for inland transport services; 
Whereas proper application of the social regulation in 
road transport requires uniform and effective checking 
by Member States; 
Whereas it is necessary to introduce minimum 
requirements to check compliance with the relevant 
provisions in order to reduce and prevent infringements; 
(') OJ No L 370, 31. 12. 1985, p. 1. 
O OJ No L 370, 31. 12. 1985, p. 8. Proposal for a Council Directive on standard checking procedures for the implementation of 
Regulation (EEC) No 3820/85 on the harmonization of certain social legislation relating to 
road transport and Regulation (EEC) No 3821/85 on recording equipment in road transport 
COM(88) 21 final 
(Submitted by the Commission to the Council on 18 April 1988) 
(88/C 116/21) 
No C 116/18 Official Journal of the European Communities 3. 5. 88 
Whereas checking procedures should be both retro­
spective and preventive; 
Whereas effective and efficient control throughout the 
Community will require the exchange of information on 
the enforcement of the Regulations in Member States; 
Whereas the exchange of information should be 
compulsory and take place at regular intervals; 
Whereas to facilitate the exchange of information it is 
necessary to introduce a standard reporting form, 
HAS ADOPTED THIS DIRECTIVE: 
Article 1 
Definitions 
For the purposes of this Directive: 
1. 'Check' means inspection of driving records, duty 
rosters, work schedules, wage records, driving 
licences and other relevant documentation. 
2. 'Duty roster' means manual record of driving hours. 
3. 'Driving record' means mechanical and/or manual 
record of hours driven. 
4. 'Work schedule' means programme/timetable of 
driving and other work activities. 
5. 'Competent authority' means the national authority or 
authorities empowered to enforce and control the 
implementation of social regulations in the road 
transport sector. 
6. 'Authorized inspecting officer' means any official 
authorized by the competent authority to carry out 
checks within the meaning of this Directive and 
Regulations (EEC) No 3820/85 and (EEC) No 
3821/85. 
Article 2 
Control 
Member States shall, from , ensure that the 
minimum requirements, as laid down in this Directive, 
for the control of the correct and uniform application of 
Regulations (EEC) No 3820/85 and (EEC) No 3821/85, 
are introduced. 
Article 3 
1. Member States shall organize checks in such a way 
that each year they cover 30 % of the vehicles circu­
lating in their territory and falling within the scope of 
the above Regulations and 30 % of the undertakings established in their territory carrying out transport oper­
ations falling within the scope of the above Regulations. 
2. The checks referred to in paragraph 1 shall cover 
passenger and goods undertakings and drivers, both own 
account and hire and reward. The number of checks 
shall be commensurate with the relative importance of 
these categories. 
3. Checks shall be carried out both at the roadside 
and at premises of undertakings. 
4. Checks, for the purposes of this Directive, shall 
include verification of the recording equipment and/or 
duty rosters to ensure compliance with driving periods, 
breaks and rest periods, the driver's licence and other 
relevant documentation. 
To facilitate the authorized inspecting officers' task they 
shall be provided with a language chart containing 
expressions currently used and relating to transport oper­
ations. 
5. Roadside checks shall be organized at a variety of 
locations and times. 
6. Checks at premises of undertakings, for the 
purposes of this Directive, shall include examination of 
driving records, past work schedules and wage records. 
Authorized inspecting officers shall, under the provisions 
of Article 15 of Regulation (EEC) No 3820/85, also 
check future work schedules. 
7. The number of checks carried out and the results of 
such checks shall be included in the annual report 
submitted to the Commission in accordance with Article 
16 of Regulation (EEC) No 3820/85. 
8. Checks at the premises of undertakings may be 
carried out by the national authorites at the request of 
the competent authorities of another Member State. 
Article 4 
1. Member States shall, four times each year, 
undertake simultaneous operations to check vehicles 
falling within the scope of the aforesaid Regulations. 
Such operations shall be carried out on the following 
days: 
— the third working Monday of January, 
— the third working Monday of April, 
— the third working Monday of July, 
— the third working Monday of October. 
3. 5. 88 Official Journal of the European Communities NoC 116/19 
2. The results of the simultaneous operations shall be 
communicated to the Commission in the annual report 
submitted by Member States in accordance with Article 
16 of Regulation (EEC) No 3820/85. 
Article 5 
Exchange of information 
1. Member States shall exchange information on the 
application of the provisions of the aforesaid Regu­
lations. 
2. Every three months, commencing the first working 
day of . . . ., each Member State shall inform the other 
Member States of 
— breaches of the Regulations committed by non­
residents on their territory during the previous three 
months, 
— penalties, if any, imposed during that period on non­
residents for such breaches, — penalties, if any, imposed by the competent authority 
on its residents for such breaches committed in other 
Member States during that period. 
3. For this purpose the competent authorities in each 
Member State shall use the standard reporting form set 
out in the Annex to this Directive. 
4. Member States shall, to ensure a full implemen­
tation of the aforesaid Regulations, upon request by the 
competent authorities of another Member State, furnish 
all relevant details of specific breaches committed on its 
territory by its residents and/or non-residents. 
Article 6 
Member States shall communicate to the Commission all 
the laws, regulations and administrative provisions which 
they adopt for the application of this Directive. 
Article 7 
This Directive is addressed to the Member States. 
ANNEX 
STANDARD REPORT FORM 
Identification 
D„,„ 
(Name of driver — 
date of driving licence) Undertaking 
(Name and 
registered office) Breach 
(Article and description 
of breach) Place of breach Action taken 
(Description of sanction)