No C 103/2 Official  Journal  of the  European  Communities 6. 5. 76 
II 
(Preparatory  Acts) 
COMMISSION 
Proposal  for  a Council  Regulation  on the  harmonization  of certain  social  legislation 
relating  to road  transport 
(Submitted  by the Commission  to the Council  on 9 March  1976) 
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, 
Whereas  Council  Regulation  (EEC)  No  543/69  of 
25 March  1969  on  the  harmonization  of certain 
social  legislation  relating  to road  transport  (*) was 
adopted  in pursuance  of the  Council  Decision  of 
13 May  1965  on  the  harmonization  of certain 
provisions  affecting  competition  in transport  by 
rail, road  and  inland  waterway  (2), and  in particular 
Section  III  thereof;  whereas  this  Regulation  was 
amended  by Council  Regulations  (EEC)  No  514/72 
and (EEC)  No  515/72  of 28 February  1972  (3); 
Whereas  the  objectives  of these  Regulations  remain 
valid,  that  is to eliminate  disparities  liable  to cause 
substantial  distortion  in competition  in the transport 
sector,  to approximate  provisions  relating  specifically 
to working  conditions  so as to improve  such  pro-
visions  and  to enhance  road  safety; Whereas,  however,  experience  of the  application  of 
these  Regulations  has  shown  that  in the  interests  of 
operating  flexibility  certain  modifications  should 
be made;  whereas  these  modifications  can  be made 
without  detriment  to the  objectives  of the  existing 
Regulations; 
Whereas  it is desirable  to  make  reference  in 
the definition  of certain  categories  of services  to 
Council  Regulation  No 117/66/EEC  of 28 July  1966 
concerning  the  introduction  of common  rules  for 
international  passenger  transport  effected  by coaches 
and omnibuses  (4); 
Whereas  it is desirable  to provide  that  certain  cate-
gories  of vehicles  are  exempted  from  the  scope  of 
the Regulation; 
Whereas  it is desirable  to increase  operating  flexi-
bility  by exempting  vehicles  on which  a mechanical 
control  device  as described  in Article  1 or Article  20 
of Council  Regulation  (EEC)  No  1463/70  of 20 July 
1970  on the  introduction  of recording  equipment  in 
road  transport  (5); 
Whereas  it is desirable  to clarify  the  provisions 
relating  to the maximum  period  of driving  time; 
Whereas  it is desirable,  having  regard  to the technical 
improvement  in vehicle  construction,  to have  the 
(!) OJ  No L 77, 29. 3. 1969,  p. 49. 
(2) OJ  No 88, 24. 5. 1965,  p. 1500/65. 
(3) OJ  No L 67, 20. 3. 1972,  pp. 1 and  11. (4) OJ  No 147,  9. 8. 1966,  p. 2688/66. 
(5) OJ  No L 164,  27. 7. 1970,  p. 1. 
6. 5. 76 Official  Journal  of the European  Communities No C 103/3 
same  rules  as to breaks  between  driving  periods  for 
heavy  and  light  vehicles; 
Whereas  it is desirable  to supplement  the provisions 
in the  existing  Regulations  concerning  driving  times 
by the  notion  of spreadover  and  to substitute  the 
notion  of rest  period  for daily  rest  period; 
Whereas  it is appropriate  to take  account  of the time 
a vehicle  spends  on a ferry-boat  or a train  in deter-
mining  rest  periods; 
Whereas  it is desirable  to provide  by means  of a 
Community  procedure  that  exemptions  may  be made 
from  all or certain  provisions  of the  Regulation,  for 
national  transport  in the case  of exceptional  circum-
stances,  for  the  transport  of certain  products,  for 
rules  regulating  drivers'  hours  and  conditions  in 
temporary  emergency  situations  for  national  trans-
port in the case  of difficulties  which  are serious  and 
liable  to persist  or difficulties  which  would  lead  to 
a serious  deterioration  in the  national  or regional 
economy; 
Whereas  the  Council,  before  1 February  1977  must, 
acting  on a proposal  from  the  Commission,  fix the 
length  of spreadover,  the  length  of the  total  weekly 
spreadovers  and  the  minimum  duration  of the  rest 
period  for  crew  members  of vehicles  with  a bunk 
and manned  by  two  drivers  and  that  the  Com-
mission  should  consult  both  sides  of the  industry 
before  establishing  its proposal;  whereas  it is de-
sirable  to fix  a minimum  total  number  of days  of 
annual  holiday  and  public  holidays; 
Whereas  in order  to avoid  jeopardizing  road  safety, 
the payment  of bonuses  which  would  have  this  effect 
for distance  covered  and  tonnage  carried  should  be 
forbidden; 
Whereas  it is only  necessary  to report  to the Council 
and the Parliament  every  two  years; 
Whereas  it is desirable  to consult  government  experts 
on the application  of the provisions  of the Regulation; 
Whereas  it is desirable  that  the  existing  Regulations 
and modifications  should  be adopted  in a consoli-
dated  Regulation  replacing  the previous  Regulations, HAS  ADOPTED  THIS  REGULATION: 
SECTION  I 
Definitions 
Article  1 
In this  Regulation: 
1. 'carriage  by road'  means  any  journey  by road  of 
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: 
(a) 'motor  vehicle':  any  mechanically  self-pro-
pelled  vehicle  circulating  on the  road,  other 
than  a vehicle  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, 
semi-trailers,  implements  or machines, 
(c) 'trailer':  any  vehicle  designed  to be coupled  to 
a motor  vehicle  or a 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; 
3. 'crew  member'  means  the  driver,  driver's  mate, 
and conductor,  defined  as follows: 
(a) 'driver':  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, 
(b) 'driver's  mate':  any  person  accompanying  the 
driver  of a vehicle  in order  to assist  him  in 
certain  manoeuvres  and  habitually  taking  an 
effective  part  in the transport  operations,  but 
not being  a driver  within  the meaning  of (a), 
(c) 'conductor':  any  person  who  accompanies  the 
driver  of a vehicle  used  for  the  carriage  of 
passengers  and  has  the  particular  duty  of 
issuing  and  checking  tickets; 
No C 103/4 Official  Journal  of the European  Communities 6. 5. 76 
4. 'week':  the  period  between  00.00  hours  on 
Sunday  and  24.00  hours  on Saturday; 
5. 'rest  period'  means  any  uninterrupted  period 
of at least  eight  hours  during  which  the  crew 
members  may  freely  dispose  of their  time  and  are 
free to move  about  as they  please; 
6. 'spreadover'  means  for  each  crew  member,  the 
period  falling  between  the  start  and  the  end 
of work.  This  period  includes  the time  devoted  by 
the crew  to taking  charge  of their  vehicle  or 
discharging  themselves  of responsibility  for it over 
and above  that  which  they  normally  spend  getting 
to and  from  work,  when  the vehicle  is garaged  at 
a place  other  than  the  normal  work  place  and 
the time  of availability  for work; 
7. 'break'  means  any  period  during  the spreadover 
of less  than  eight  hours  but  at least  15 minutes 
during  which  the  crew  member  may  dispose 
freely  of his time  and  movements; 
8. (a) 'regular  goods  services'  means  transport 
services  operated  at specified  intervals  along 
specified  routes,  goods  being  loaded  and 
unloaded  at predetermined  stopping  points, 
(b) 'regular  passenger  services'  means  the 
services  defined  in Article  1 of Regulation  No 
117/66/EEC, 
(c) 'shuttle  services'  means  the  services  defined 
in Article  2 of Regulation  No  117/66/EEC, 
(d) 'irregular  passenger  services'  means  the 
services  defined  in Article  3 of Regulation 
No 117/66/EEC; 
9. 'permissible  maximum  weight'  means  the 
maximum  authorized  operating  weight  of the 
vehicle  fully  laden; 
10. 'bunk'  means  a berth  upon  which  the member  of 
the crew  can lie down  with  comfort. 
SECTION  II 
Scope 
Article  2 
This  Regulation  shall  apply  to carriage  by road  in 
respect  of any  journey  or part  of a journey  made 
within  the  Community  by vehicles  registered  in a 
Member  State  or in a third  country. 
However,  from  1 July  1976  the  provisions  of the 
European  Agreement  on the work  of crews  of vehicles carrying  out  international  road  transport  (AETR) 
applies  to international  road  transport  coming  from 
or going  to third  countries  who  are  parties  to the 
Agreement. 
Article  3 
The Community  shall  enter  into  any  negotiations 
with  third  countries  which  may  prove  necessary  for 
the purpose  of implementing  this  Regulation. 
Article  4 
This  Regulation  shall  not  apply  to carriage  by: 
1. vehicles  which,  in construction  and  equipment, 
are suitable  for  carrying  not  more  than  nine 
persons  including  the  driver  and  are  intended 
for that  purpose; 
2. vehicles  which,  in construction  and  equipment, 
are suitable  for the carriage  of not more  than  12 
persons  including  the driver  and  are used  by their 
owners  for exclusively  private  purposes;  journeys 
to convey  employees  by own  account  operators 
are not considered  as being  for exclusively  private 
purpose; 
3. vehicles  used  for  the  carriage  of goods,  the 
permissible  maximum  weight  of which,  including 
any trailer  or semi-trailer,  does  not  exceed  3-5 
metric  tons; 
4. vehicles  used  for  the  carriage  of passengers  on 
regular  services  where  the route  covered  by the 
service  in question  does  not exceed  50 km; 
5. service  vehicles  used  by the police,  gendarmerie, 
armed  forces,  fire brigades,  civil  defence,  drainage 
or flood-prevention  authorities,  water,  gas  or 
electricity  services,  highway  authorities,  telegraph 
or telephone  services,  by the postal  authorities  for 
the carriage  of mail,  or by radio  or television 
services;  or other  public  authorities  providing 
pubtic  services  which  are not in competition  with 
private  road  transport; 
6. vehicles  used  for the carriage  of sick  or injured 
persons  and  for  carrying  rescue  material,  and 
specialized  breakdown  vehicles; 
7. tractors  with  a maximum  authorized  speed  not 
exceeding  30 km per hour; 
8. tractors  used  exclusively  for  local  agricultural 
and forestry  work; 
9. vehicles  used  to transport  circus  and  fun-fair 
equipment; 
6. 5. 76 Official  Journal  of the  European  Communities No C 103/5 
10. vehicles  undergoing  workshop  tests; 
11. mobile  libraries  and  itinerant  markets. 
SECTION  III 
Crew 
Article  5 
1. The  minimum  ages  for  drivers  engaged  in the 
carriage  of goods  shall  be as follows: 
(a) for  vehicles,  including,  where  appropriate,  trailers 
or semi-trailers,  having  a permissible  maximum 
weight  of not  more  than  7-5  metric  tons,  18 
years; 
(b) for  other  vehicles: 
— 21 years,  or 
— 18 years,  provided  the  person  concerned 
holds  a certificate  of professional  competence 
recognized  by  one  of the  Member  States 
confirming  that  he has  completed  a training 
course  for drivers  of vehicles  intended  for the 
carriage  of goods  by road.  The  Council  shall, 
on a proposal  from  the  Commission,  lay 
down  the  minimum  level  of such  training  by 
1 August  1976  at the latest. 
Where,  in accordance  with  Article  6, there  are  two 
drivers,  one  of the drivers  shall  have  reached  the age 
of 21 years. 
2. Any  driver  engaged  in the carriage  of passengers 
shall  have  reached  the  age  of 21 years,  and  meet 
one of the following  conditions: 
(a) he must  have  worked  for at least  one  year  in the 
carriage  of goods  as a driver  of vehicles  with  a 
permissible  maximum  weight  exceeding  3-5 metric 
tons; 
(b) he must  have  worked  for  at least  one  year  as a 
driver  of vehicles  used  to provide  the  passenger 
services  referred  to in Article  4 (4); 
(c) he must  hold  a certificate  of professional 
competence  recognized  by one  of the  Member 
States  confirming  that  he  has  completed  a 
training  course  for  drivers  of vehicles  intended 
for the  carriage  of passengers  by  road.  The 
Council  shall,  on  a proposal  from  the 
Commission,  lay  down  the  minimum  level  of 
such  training  by 1 August  1976  at the  latest. 
3. The  minimum  age  for  drivers'  mates  and 
conductors  shall  be 18 years. 4. Where  any  driver  engaged  in the  carriage  of 
passengers  has  reached  the  age  of 21 years  he shall 
be exempt  from  the  conditions  laid  down  in para-
graph  2 (a),  (b) and  (c) if he has  carried  on that 
occupation  for  at least  one  year  prior  to 1 February 
1977. 
5. Each  Member  State  may,  as regards  those 
persons  residing  within  its  territory  who  on 
1 February  1977  already  held  the  requisite  driving 
licence,  suspend  application  of the rules  laid  down  in 
paragraph  2 in respect  of carriage  within  its own 
territory. 
6. In  the  case  of internal  transport  operations 
carried  out  within  a radius  of 50 km from  the place 
where  the  vehicle  is based,  including  municipalities 
the centre  of which  is situated  within  that  radius, 
Member  States  may  reduce  the  minimum  age  for 
drivers'  mates  to 16 years,  on condition  that  this  is 
for purposes  of vocational  training  and  subject  to the 
limits  imposed  by their  internal  law  on employment 
matters. 
Article  6 
1. Where  a driver  is engaged  in carriage  by: 
(a) a motor  vehicle  or tractor  with  more  than  one 
trailer  or semi-trailer; 
(b) a motor  vehicle  or tractor  with  one  trailer  or 
semi-trailer  where  this  combination  is used  for 
the carriage  of passengers  and  the  permissible 
maximum  weight  of the  trailer  or semi-trailer 
exceeds  five  metric  tons; 
(c) a motor  vehicle  or tractor  with  one  trailer  or 
semi-trailer  where  this  combination  is used  for 
the carriage  of  goods  and  the  permissible 
maximum  weight  of such  combination  exceeds 
20 metric  tons; 
and the distance  to be covered  during  the spreadover 
exceeds  450  km,  that  driver  shall  from  the beginning 
of the  journey  be accompanied  by another  driver  or 
shall,  oil reaching  the  450th  km,  be relieved  by an-
other  driver. 
2. The  provision  of paragraph  1 is not  applicable 
to vehicles  mentioned  therein  in which  control  equip-
ment  as provided  for in Article  1 of Regulation  (EEC) 
No 1463/70  or as provided  for  in Article  20 (1) of 
the same  Regulation,  is in operation. 
SECTION  IV 
Spreadover  and  rest  periods 
Article  7 
Each  member  of the  crew  shall  have  his  work 
arranged  so that  there  are not  more  than  six spread-
overs  within  each  week  and  not  more  than  10 
No C 103/6 Official  Journal  of the European  Communities 6. 5. 76 
spreadovers  within  two  consecutive  weeks.  Each 
spreadover  must  come  immediately  before  or 
immediately  after  a rest  period;  each  week  must 
nonetheless  contain  a weekly,  rest period. 
Article  8 
1. The  spreadover  of every  crew  member  engaged 
in the  carriage  of goods  and  in the  carriage  of 
passengers  by regular  services  by vehicles  manned  by 
one driver  or by vehicles  with  a bunk  and  manned  by 
two drivers  shall  not exceed  12 hours. 
2. When  during  the  spreadover,  crew  members 
engaged  in the carriage  of goods,  in order  to divide 
up the journey  as they  see fit, take  breaks  additional 
to those  referred  to in Article  17 of at least  30 
minutes,  the  spreadover  may  be prolonged  by a 
corresponding  period  of up  to two  hours.  This 
procedure  shall  not be used  more  than  twice  per week 
and must  not be on consecutive  days. 
3. The  maximum  length  of the individual  spread-
over for  crew  member  engaged  in the  carriage  of 
passengers  by regular  services  may  be increased  twice 
a week  to 14 hours;  this  increase  may  not  however 
be taken  advantage  of on consecutive  days. 
4. However,  for every  crew  member  referred  to in 
paragraph  1, the  total  length  of all  spreadovers 
within  any  one  week  shall  not  exceed  60 hours. 
Article  9 
1. Every  crew  member  engaged  in the carriage  of 
goods  by vehicles  manned  by one  driver  and  by 
vehicles  without  a bunk  with  two  drivers,  shall  have 
an individual  rest  period  of not  less  than  11 hours. 
2. The  rest  period  referred  to in paragraph  1 may 
be reduced  to eight  hours,  not more  than  twice  in any 
one week  and  not  consecutively,  when  such  rest  is 
taken  elsewhere  than  at the place  where  the crew  or 
the vehicle  is based. 
Article  10 
Before  1 February  1977  the  Council  acting  on a 
proposal  from  the  Commission  will  fix the  length 
of spreadover,  the  length  of the  total  of weekly 
spreadovers  and  the  minimum  duration  of the  rest 
period  for  crew  members  of vehicles  with  a bunk 
manned  by two  drivers. 
In establishing  its proposal  and  after  consulting  both 
sides  of industry  at Community  level,  the Commission 
will have  regard  to social  progress,  the requirements of road  safety  and  to the flexibility  necessary  for an 
appropriate  operation  of the undertakings. 
Article  11 
1. The  maximum  length  of  the  individual 
spreadover  for  every  crew  member  engaged  in the 
carriage  of passengers  by irregular  services  or by 
shuttle  service  shall  be 12 hours. 
2. When,  during  the  spreadover,  crew  members 
take breaks  additional  to those  referred  to in 
Article  17 of at least  30 minutes,  the spreadover  may 
be prolonged  by a corresponding  period  of up to two 
hours. 
3. However,  for each  crew  member  the total  length 
of all spreadovers  within  any  one  week  shall  not 
exceed  65 hours. 
Article  12 
Every  crew  member  engaged  in the  carriage  of 
passengers  shall  have  an individual  rest  period  of not 
less than  11 hours;  this  rest  period  may  be reduced 
to 10 hours  not  more  than  three  times  in any  one 
week. 
Article  13 
The rest  period  shall  be taken  outside  the  vehicle. 
However  if the  vehicle  has  a bunk  the  rest  period 
may be taken  on that  bunk  provided  that  the vehicle 
is stationary. 
Article  14 
In addition  to the  minimum  individual  rest  periods 
referred  to in Articles  9 and  12 every  crew  member 
shall  have  a weekly  rest  period  of not  less  than 
29 consecutive  hours  which  shall  be immediately 
preceded  or followed  by an individual  rest  period. 
Article  15 
1. Where  a crew  member  engaged  in the carriage 
of goods  or passengers  accompanies  a vehicle  which 
is transported  by ferry-boat  or by train,  his  free 
time  on board  the ferry-boat  or on the train  shall  be 
considered  as rest  period  provided  that  this  free  time 
corresponds  in length  to that  contained  in Articles  9 
and 12 respectively. 
2. By  derogation  from  the provisions  of Articles  9 
and 12 the crew  members  may  reduce  the rest  period 
spent  on board  a ferry-boat  or on a train  to eight 
hours  up to three  times  in any  one  week. 
3. All  free  time  of less  than  eight  hours  spent 
aboard  a ferry-boat  or on a train  shall  be regarded 
6. 5. 76 Official  Journal  of the European  Communities No C 103/7 
as a break.  A crew  member  engaged  in the carriage 
of passengers  may,  by derogation  from  the provisions 
of Articles  8 and  11, extend  his spreadover,  not more 
than twice  in any  one  week,  by the  break  spent 
aboard  the  ferry-boat  or on  the  train  up  to a 
maximum  of two  hours. 
SECTION  V 
Driving  periods  and  breaks 
Article  16 
1. The  total  period  of time  spent  behind  the wheel 
during  the spreadover  shall  not  exceed  eight  hours. 
This  period  may  be extended,  not more  than  twice  in 
any week,  to nine  hours. 
2. The  total  period  of time  spent  behind  the wheel 
may in no case  exceed  48 hours  in any  one  week 
of 92 hours  in any  two  consecutive  weeks.  From 
1 January  1979  the total  time  spent  behind  the wheel 
shall  not exceed  46 hours  in any  one  week. 
Article  27 
1. Every  crew  member  shall  take  a break  of at 
least  30 minutes  during  every  period  of four  and  a 
half hours  within  the spreadover.  There  shall  not  be 
more  than  four  hours  of spreadover  between  two 
breaks. 
2. The  break  referred  to in paragraph  1 may  be 
replaced  by two  breaks  of not  less  than  20 minutes 
each or by three  breaks  of not  less  than  15 minutes 
each. 
SECTION  VI 
Annual  leave 
Article  18 
1. Every  crew  member  shall  have  a minimum  of 
28 days  of annual  leave  and  public  holidays. 
2. Weekly  rest  periods  shall  not  be included  in 
those  28 days. 
3. Every  crew  member  shall  be entitled  to at least 
two continuous  weeks  of annual  leave. 
4. The  provisions  of paragraphs  1, 2 and  3 do not 
apply  to self-employed  crew  members. SECTION  VII 
Prohibition  of bonuses 
Article  19 
It is forbidden  to make  payment  to salaried  crew 
members  according  to distances  travelled  and/or  the 
amount  of goods  carried,  unless  such  payments  are 
of a kind  as not to endanger  road  safety. 
SECTION  VIII 
More  restrictive  provisions 
Article  20 
1. Each  Member  State  may  apply  provisions  which 
have: 
— lower  maxima  than  those  laid  down  in Articles  7, 
8, 11 and  16, 
— higher  minima  than  those  laid  down  in Articles  5, 
9, 12,  14,  17,  and  18 and  may  refrain  from 
applying  Article  6 (2). 
2. The  provisions  that  a Member  State  takes  under 
paragraph  1 cannot  be imposed  on crew  members 
carrying  out  international  transport  in  vehicles 
registered  in another  Member  State;  in that  case,  the 
Member  State  in question  may  only  control  the 
maxima  and  minima  of this  Regulation. 
Article  21 
Every  two  years  the Commission  will  present  to the 
Council  and  to the  European  Parliament  a report 
on the  development  of the  social  situation  in the 
fields  covered  by this  Regulation. 
SECTION  IX 
Exceptions 
Article  22 
Provided  that  road  safety  is not  thereby  jeopard-
ized,  the driver  may,  in case  of danger,  in circum-
stances  outside  his control,  to render  assistance,  or as 
a result  of a breakdown,  and  to the extent  necessary 
No C 103/8 Official  Journal  of the European  Communities 6. 5. 76 
to ensure  the  safety  of persons,  of the  vehicle  or of 
its load,  and  to enable  him  to reach  a suitable 
stopping  place  or,  according  to circumstances,  the 
end of his  journey,  depart  from  the  provisions  of 
Article  6, Section  IV and  from  Article  16. The  driver 
shall  indicate  the  nature  and  reasons  for  such 
departure  in the  individual  control  book,  or on 
the record  sheet  of the  recording  equipment. 
Article  23 
1. At  the  request  of a Member  State,  the 
Commission  may,  for  certain  national  transport, 
authorize  derogations  from  the maxima  and  minima 
of Section  IV of this  Regulation. 
The request  can  only  be made  where  the  two  sides 
of industry  of the  Member  State  have  already  made 
a similar  request  to the government. 
2. For  transport  carried  out  within  a radius  of 
50 km  from  the  place  where  the  vehicle  is based 
including  municipalities,  the  centre  of which  is 
situated  within  that  radius,  Member  States  may,  after 
consultation  of the  Commission  and  a hearing  of 
both  sides  of industry,  grant  derogations,  which  must 
be limited  to the  requirements  of the  transport 
operations  concerned,  from  the provisions  of Sections 
IV of this  Regulation  for  the  following  goods 
transports: 
(i) transport  of milk  from  farm  to dairy; 
(ii) transport  of other  agricultural  and  horticultural 
produce  by  the  producer  during  harvesting 
periods. 
3. The  derogations  provided  for  in paragraphs  1 
and 2 will  only  be granted  when  they  are  linked  to 
compensation  in terms  of time  which  reduces  the 
total  length  of weekly  spreadovers  and  thus  maintains 
the overall  level  of social  protection  and  road  safety. 
4. Until  the  compulsory  installation  of the  recor-
ding  equipment  provided  for  in  Article  1 of 
Regulation  (EEC)  No  1463/70,  Member  States  may 
authorize  derogations  from  the provisions  of Article 
24 for national  goods  transports  carried  out  within  a 
radius  of 50 km  from  the place  where  the vehicle  is 
based  including  municipalities,  the centre  of which  is 
situated  within  that  radius  provided: 
— that  the  vehicles  in question  are  fitted  with 
recording  equipment  conforming  to Article  20 of 
that Regulation,  or 
— that  Member  States,  after  consulting  the 
Commission,  take  appropriate  measures  to keep 
an effective  check  on  compliance  with  the provisions  applicable  to such  transport  operations 
such  as will  ensure  that  standards  of employee 
protection  and  road  safety  are  not  impaired. 
5. In  order  to ensure  transport  for  supplying  the 
population  during  emergency  situations  of a tem-
porary  character,  Member  States  may,  in national 
transport  authorize  temporary  derogations  from 
Sections  IV and  V of this  Regulation. 
Member  States  will  communicate  without  delay  the 
measures  taken  to the Commission  who  may  modify 
or revoke  them. 
SECTION  X 
Control  procedures  and  penalties 
Article  24 
1. Crew  members  of a vehicle  not  assigned  to a 
regular  service  shall  carry  an individual  control  book 
conforming  to the  model  in the  Annex  to this 
Regulation.  That  Annex  forms  an integral  part  of 
this Regulation. 
However,  in the case  of drivers  of vehicles  registered 
in a third  country  which  is not  a party  to the AETR 
Agreement,  the Commission  shall,  on the application 
of a Member  State,  approve  a control  book  of a 
model  different  from  the model  shown  in the Annex, 
on condition  that  such  model  does  not  differ  in 
essential  points  from  the  model  laid  down  by the 
Community.  The  Commission  shall  notify  the other 
Member  States  accordingly. 
2. Members  of the  crew  shall  from  day  to day 
enter  in the  daily  sheets  of the  individual  control 
book  details  of the following  periods: 
(a) under  the symbol  P- : 
rest periods; 
(b) under  the symbol  : 
breaks; 
(c) under  the symbol 
driving  periods; 
(d) under  the symbol 
other  periods  of attendance  at work. 
3. Each  Member  State  may  prescribe,  in respect  of 
individual  control  books  issued  in its territory,  that 0 
6. 5. 76 Official  Journal  of the European  Communities No C 103/9 
the periods  covered  by paragraph  2 (d) should  be 
subdivided  so as to show  separately: 
(a) under  the symbol  lx : 
— waiting  time,  that  is to say the period  during 
which  crew  members  must  be at their  place  of 
work  only  for the purptise  of answering  any 
calls  to carry  out or resume  any  of the duties 
covered  by  paragraph  2  (c)  or  by 
subparagraph  (b) of this  paragraph, 
— time  spent  beside  the driver  while  the vehicle 
is on the move, 
— time  spent  on a bunk  while  the vehicle  is on 
the move; 
(b) under  the symbol  : 
all other  working  periods. 8. All  completed  individual  books  shall  be kept  by 
the undertaking  for at least  one  year. 
9. Member  States  shall  take  all necessary  measures 
concerning  the issue  and  control  of the books. 
Article  25 
1. All  operators  of regular  services  shall  draw  up a 
service  time  table  and  a duty  roster. 
2. The  duty  roster  shall  show,  in respect  of each 
crew  member,  the name,  date  of birth,  place  where 
based  and  the  schedule,  which  shall  have  been  laid 
down  in advance,  for  the  various  periods  of time 
covered  by Article  24 (2) and  (3). 
3. The  duty  roster  shall  include  all the particulars 
specified  in paragraph  2 for  a minimum  period 
covering  both  the  current  week  and  the  weeks 
immediately  preceding  and  following  that  week. 
4. Any  Member  State  may  take  the  necessary 
measures  to exempt  crew  members  of vehicles, 
registered  in its  territory  carrying  out  internal 
transport  operations,  from  having  to enter  in the 
daily  sheets  of the individual  control  book  any  period 
of time  covered  by paragraph  2 which  can  be suitably 
recorded  by means  of recording  equipment  fitted  on 
the vehicle  and  approved  in accordance  with  Article 
20 of Council  Regulation  (EEC)  No  1463/70  of 
20 July  1970  without  prejudice  to the implementation 
of that  Regulation  as a whole  with  effect  from  the 
dates  laid  down  in Articles  4 and  20 thereof. 
Information  thus  recorded  shall  be shown  in the 
weekly  report  in the individual  control  book. 4. The  duty  roster  shall  be signed  by the head  of 
the undertaking  or by  a person  authorized  to 
represent  him. 
5. Each  crew  member  assigned  to a regular  service 
shall  carry  an extract  from  the duty  roster  and  a copy 
of the service  time  table. 
Article  26 
1. Every  two  years  the Commission  shall  provide 
the Council  and  the European  Parliament  with  a full 
report  on the  application  of this  Regulation  by the 
Member  States. 
5. When  crew  members,  subject  to the provisions 
of paragraph  4, are  engaged  in an international 
transport  operation,  the periods  of time  thus  recorded 
covering  the seven  previous  days  shall,  in so far as 
they have  not  been  entered  in the weekly  report  in 
accordance  with  the  second  subparagraph  of 
paragraph  4, be shown  in the  daily  sheets  of the 
individual  control  book. 
6. Crew  members  shall  produce  the  individual 
control  book  whenever  required  to do so by any 
authorized  inspecting  officer. When  submitting  the  report,  the  Commission  shall 
make  such  proposals  to the  Council  as it considers 
necessary  for progressive  harmonization  particularly 
with  regard  to the maximum  length  of shifts. 
2. In  order  to enable  the Commission  to draw  up 
the report  referred  to in paragraph  1, the Member 
States  shall  send  to the Commission  every  two  years 
all the  necessary  information  in a standard  return, 
the form  of which  shall  be established  by  the 
Commission  after  consultation  with  the  Member 
States. 
7. All  undertakings  shall  keep  a register  of the 
individual  books,  which  shall  show  the name  of each 
crew  member  to whom  a book  is issued,  an acknow-
ledgement  of receipt  by the crew  member,  the number 
of the book,  its date  of issue  and  the date  of the last 
daily  sheet  completed.  It shall  be produced  at the 
request  of any  authorized  inspecting  officer. Article  27 
1. Member  States  shall,  in due  time  and  after 
consulting  the  Commission,  adopt  such  laws, 
regulations  or administrative  provisions  as may  be 
necessary  for the implementation  of this  Regulation. 
No C 103/10 Official  Journal  of the European  Communities 6. 5. 76 
Such  measures  shall  cover,  inter  alia,  the organization 
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  the  provisions  of this  Regulation  and 
checking  compliance  therewith. 
3. If  it is brought  to the  notice  of the  competent 
authorities  of a Member  State  that  a breach  of the 
provisions  of this  Regulation  has  been  committed  by 
a crew  member  of a vehicle  registered  in another 
Member  State,  those  authorities  may  notify  the 
authorities  of the State  where  the vehicle  is registered 
of such  breach.  The  competent  authorities  shall  send 
each  other  all the  information  in their  possession 
concerning  the penalties  imposed  for such  breaches. 
SECTION  XI 
Final  provisions 
Article  28 
1. In  the  event  of the  application  of Regulation 
(EEC)  No  543/69  or this  Regulation  causing  to the 
transport  industry  difficulties  which  are  serious  and 
liable  to persist  or difficulties  which  could  lead  to 
serious  deterioration  in the situation  of a national  or 
regional  economy,  a Member  State  may  apply  for 
authorization  to take  protective  measures,  including 
temporary  suspension  of some  of the  provisions  of 
this Regulation  as they  apply  to national  transport 
on its territory  in order  to rectify  the situation,  to 
such an extent  and  for  such  periods  as are  strictly 
necessary  to permit  the  situation  to be restabilized. 
2. On  application  by the  State  concerned,  the 
Commission  shall  determine  without  delay  the protective  measures  which  it considers  necessary, 
specifying  the circumstances  and  the manner  in which 
they are to be put into  effect. 
3. Such  protective  measures  may  only  apply  up to 
and including  31 December  1977. 
Article  29 
At the  request  of a Member  State  or on its own 
initiative  the  Commission  may  consult  government 
experts  on all questions  relating  to the  application 
of this  Regulation,  in particularly  those  concerning 
Articles  23 and  27. 
Article  30 
1. This  Regulation  enters  into  force  on 1 July 
1976.  From  that  date  Articles  1, 2, 5, 6, 27 (1) and  28 
are applicable,  on the same  date  Articles  2, 5 and  6 
of Regulation  (EEC)  No  543/69  are  repealed. 
2. The  remaining  Articles  of this  Regulation  are 
applicable  from  1 February  1977.  On  this  date 
Articles  3, 4, 7 to 10,  11 paragraphs  1 to 3 and 
paragraphs  5 and  6, 12 to 17 of Regulations  (EEC) 
No 543/69  and  the  Regulations  (EEC)  No  514/72 
and (EEC)  No 515/72  are repealed. 
3. This  Regulation  does  not  affect  Regulation 
(EEC)  No 1463/70. 
This  Regulation  shall  be binding  in its entirety  and 
directly  applicable  in all Member  States. 
6.5. 76 Official  Journal  of the  European  Communities No C 103/11 
ANNEX 
INDIVIDUAL  CONTROL  BOOK 
GENERAL  PROVISIONS 
Reminder  of the provisions  of laws  and  regulations 
1. It is desirable  that  the individual  control  book  should  contain  a reminder  of the principal 
provisions  to be observed  by crew  members. 
Numbering  of book 
2. The  individual  control  book  shall  be numbered  by perforation  or stamping. 
Format  of book 
3. The  individual  control  book  shall  have  the standard  A6 format  (105  X 148  mm)  or a larger 
format. 
Signing  of book 
4. The  signature  of the crew  members  shall  appear  on both  the daily  sheet  and the weekly  report. 
The employer's  signature  shall  appear  on the weekly  report. 
Contents  of book 
5. Subject  to the provisions  of paragraph  7, the individual  control  book  shall  conform  to the 
attached  model;  it shall  comprise: 
(a) a front  sheet; 
(b) instructions  for the use of the book; 
(c) daily  sheets; 
(d) an example  of a completed  daily  sheet; 
(e) weekly  reports. 
Simultaneous  use of more  than  one book 
6. Member  States  shall  take  appropriate  measures  to prevent  the simultaneous  use by one crew 
member  of more  than  one individual  record  book. 
Special  national  provisions 
7. Each  Member  State  may  require,  in respect  of the individual  control  books  issued  in its territory: 
(a) that  the chart  on the daily  record  sheet  be set out in a single  strip  covering  the period  from 
midnight  to midnight  (0 to 24 hours); 
(b) that  the daily  sheet  be kept  in more  than  one  copy; 
(c) that  additional  particulars  or headings,  or variants,  be inserted,  provided  that  the general 
layout  of the book  remains  unaltered  and  that  the numbers  or capital  letters  opposite  the 
items  as shown  in the model  are left unchanged; 
(d) such  amendment  or additional  information  as provisions  adopted  pursuant  to Article  24 
of Regulation  (EEC)  No ... may  require  in connection  with  the symbols  corresponding 
to items  7 [/],  7a ,  14 £7]  and  14a ^ of  the daily  sheet; 
(e) that  the boxes  opposite  items  Ha,  Hb  and/or  I of the  weekly  report  should  not  be 
completed; 
(f) that  daily  sheets  more  than  two  weeks  old be detached; 
No C 103/12  Official  Journal  of the European  Communities  6.  5. 76 
MODEL  INDIVIDUAL  CONTROL  BOOK 
(a) Front  sheet 
I INDIVIDUAL  CONTROL  BOOK 
FOR  CREW  MEMBERS 
IN ROAD  TRANSPORT 
II. Country: 
III. Date  book  first  used:  19. 
IV. Date  book  last used:  19 
V. Surname,  first name(s),  date  of birth  and  address  of holder  of book: 
VI. Name,  address,  telephone  number  and  stamp  (if any)  of the undertaking: 
Book  No 
6. 5. 76 Official  Journal  of the  European  Communities No C 103/13 
(b) Instructions 
INSTRUCTIONS 
FOR  THE  USE  OF THE  INDIVIDUAL  CONTROL  BOOK 
1. This  individual  control  book  Is issued  in conformity  with  (specify  relevant  laws  and  regulations). 
To the  undertaking 
2. After  completing  items  V and  VI on the front  sheet,  issue  a book  to each  crew  member  employed  by you,  in 
conformity  with  the laws  and  regulations  referred  to in paragraph  1 above. 
3. Keep  a register  showing  the names  of the persons  to whom  books  have  been  issued,  the serial  number  of each 
book  issued,  and the dates  of issue.  Require  the holder  to sign  in the margin  of the register. 
4. Give  the holder  the necessary  instructions  for correct  use of the book. 
5. Examine  the daily  sheets  and  the weekly  report  every  week  or, if prevented  from  doing  so, as soon  thereafter  as 
possible.  Sign  the weekly  report. 
6. Withdraw  the used  books,  observing  the time  limit  specified  in paragraph  9 below,  and  hold  them  at the disposal 
of the authorized  inspecting  officers  for not less  than  one  year.  Enter  the date  of the last daily  sheet  in the register 
referred  to in paragraph  3 above. 
7. This  control  book  is personal.  Carry  it with  you  when  on duty  and  produce  it to any  authorized  inspecting  officer 
on request.  Hand  it over  to your  employer  when  you  leave  the undertaking. 
8. Produce  this control  book  to your  employer  every  week  or, if prevented  from  doing  so, as soon  therafter  as possible, 
so that  he can check  your  entries  and  sign  the weekly  report. 
9. When  the book  is completed,  keep  it for two  weeks  so that  you  can  produce  it at any  time  to an authorized 
inspecting  officer,  and then  hand  it as soon  as possible  to your  employer.  Keep  a copy  of the weekly  reports. To crew  members 
Front  sheet 
10. Make  sure  that  your  surname,  first  name(s),  date  of birth  and  address  are filled  in correctly  (item  V). 
11. Enter  the date  on which  you  first  use the book  (item  III). 
12. After  use,  enter  the date  when  you  last  used  the book  (item  IV). 
Daily  sheet 
13. Fill  in a daily  sheet  for every  day on which  you  have  been  employed  as a crew  member. 
14. Enter  in box  2 the registration  number  of any  vehicle  used  during  the day. 
15. The  symbols  used  have  the following  meaning: 
total  period  of uninterrupted  rest  before  going  on duty 
rest period  or daily  rest  period 
breaks 
driving  period 
No C 103/14 Official  Journal  of the European  Communities 6.5. 76 
(1st variant)* 
periods  of attendance  at work 
(2nd  variant)* 
acutal  work  other  than  driving: 
[/] periods  of attendance  at work  other  than  those  covered  by symbols  $1^  and $5. 
16. Enteryour  rest period  or your  period  of daily  rest (symbol  ^^3).  breaks  (symbol  fei)and  the time  during  which  you 
were  engaged  in activities  represented  by symbols  [first  variant]  (*) 6 ,7  \/\  . [second  variant]  (*) 6 ^s, 
7 [/]  and  7a 55,  by drawing  a horizontal  line  across  the hours  concerned  opposite  the appropriate  symbol, 
and connect  the horizontal  lines  by vertical  lines.  There  will thus  be a continuous  line over  the full length  of each 
strip (see  example  in the book). 
17. Entries  must  be made  at the beginning  and end of each  period  to which  they  relate. 
18. In box 16 ('Remarks')  enter  the name  of the second  driver,  if any.  This  box  may  also  be used  to explain  any 
breach  of the requirements  or to correct  particulars  given  elsewhere  (see  paragraph  24).  The  employer  or an 
inspecting  officer  may  also  insert  his remarks  in this box. 
19. Opposite  box 12^=^]enter  the number  of hours  of uninterrupted  rest (rest  period  or daily  rest)  taken  immediately 
before  coming  on duty.  If this period  begins  in one  day and  ends  in the following  day the figure  will be the total 
achieved  by adding  together  the rest  period  taken  at the end  of the previous  day and  the rest  period  taken  at 
the beginning  of the day to which  the sheet  relates. 
20. Before  departure,  enter  opposite  'Begining  of duty'  in box  11 the number  of kilometres  (miles)  shown  on the 
recorder;  at the end  of duty,  enter  opposite  'End  of duty'  in box 11 the new  number  of kilometres  (miles)  shown 
on the recorder  and note  the total  distance  covered. 
21. Sign  the daily  sheet. 
(*) The  variant  used  will  depend  on the choice  made  by the  Member  State  in accordance  with  Article  24 (2) 
and (3) of Regulation  (EEC)  No 543/69.  Only  the variant  so selected  will appear  in the individual  control  book. 
Weekly  report 
22. This  report  should  be made  out at the end  of every  period  of one  week  in which  one  or more  daily  sheets  have 
been  made  out.  For days  on which  you were  on duty  without  being  a crew  member,  i.e., for which  there  was  no 
need  to make  out a daily  sheet,enterthefigure  '0' opposite  box G and the duration  of duty  periods  opposite  boxes 
Ha and  Hb;  if you  did not engage  in a particular  activity,  enter  the figure  '0' opposite  the appropriate  box.  For 
days  on which  you  were  not on duty,  enter  the fiugre  '0' opposite  boxes  G, Ha and Hb and  add  an explanation' 
such  as 'on leave',  'day  off',. 
23. Enter  opposite  boxes  F and G the figures  shown  opposite  boxes  12 and 13 of the relevant  daily  sheets. 
General  note 
24. No erasures,  corrections  or additions  may  be made  in the book.  Any  mistakes,  even  of form  only,  must  be 
corrected  under  'Remarks'  (box  16). 
25. No sheets  must  be destroyed. 
26. All entries  must  be made  in ink or with  a ball-point  pen. 
6. 5. 76 Official  Journal  of the European  Communities No C 103/15 
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No C 103/16 Official  Journal  of the European  Communities 6. 5. 76 
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6. 5.76 Official  Journal  of the  European  Communities No C 103/17 
Note  1: In practice,  boxes  10 and 10a will  both  be completed  on the same  daily  sheet  only  where 
a crew  member  has carried  out a passenger  transport  operation  and  a goods  transport 
operation  on the same  day.  In box  10a  (completed  only  by crew  members  of passenger 
vehicles)  the entry  should  be either  '10 h' or '11 h', according  to the system  of daily 
rest periods  applying  to the crew  member. 
Note  2: Opposite  box  12, if 12 hours  is entered  as the total  period  of uninterrupted  rest  taken 
prior  to going  on duty,  this means  that  the driver  went  off duty  at 7 p.m.  on the previous 
day, because  adding  the 5 hours  from  7 p.m.  to midnight  on the previous  day  to the 
7 hours  entered  in box  4 gives  a total  of 12 hours. 
No C 103/18 Official  Journal  of the  European  Communities 6. 5. 76 
(e) Weekly  report 
A. Surname  and first name(s)  of crew  member 
B. 
WEEKLY  REPORT 
C. From  to  19  inclusive 
D. Days  of the 
weekly  period 
J. Weekly  total: E. Daily  sheet 
No 
J. Weekly  total: 
F. ffcsfl 
J. Weekly  total: Hours  of occupational  activities G. 
• Hours  of occupational  activities Ha. 
/ Hours  of occupational  activities 
Hb. Hours  of occupational  activities 
I 
G + Ha 
+ Hb 
K. Remarks: 
L. Date  of preceding  weekly  rest period: 
M. Signature  of crew  member: 
N. Signature  of employer: 
Book  No