3. 5. 88 Official Journal of the European Communities No C 116/15 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Regulation (EEC) amending Regulations (EEC) No 3820/85 on the 
harmonization of certain social legislation relating to road transport and (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 116/20) 
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 Council Decision 65/271/EEC of 13 
May 1965 on the harmonization of certain provisions 
affecting competition in transport by rail, road and 
inland waterway ('), and in particular Section III 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 in the field of road transport, Community 
social legislation is set out in Council Regulations (EEC) 
No 3820/85 (2) and (EEC) No 3821/85 (3); 
Whereas this legislation aims at the harmonization of 
conditions of competition between modes of inland 
transport, especially with regard to the road sector as 
well as at the improvement of working conditions and 
road safety; 
Whereas the Judgment of the Court of Justice of the 
European Communities of 22 May 1985 in case 13/83 
reaffirms the need for the freedom to provide services 
within the Community; 
(*) OJ No 88, 24. 5. 1965, p. 1500/65. 
(2) OJ No L 370, 31. 12. 1985, p. 1. 
O OJ No L 370, 31. 12. 1985, p. 8. Whereas the social regulations are essential to the 
creation of a common market for inland transport 
services; 
Whereas harmonization of social conditions is essential 
to ensure fair competition in the inland transport sector; 
Whereas, given that many public services are now 
performed by private undertakings, it is necessary to 
specify that only public authority vehicles or vehicles 
under contract to public authorities are excluded from 
the scope of these provisions; 
Whereas to ensure more uniform and effective appli­
cation and control of social legislation on drivers' hours, 
certain provisions of Regulations (EEC) No 3820/85 
and (EEC) No 3821/85 should be amended and in 
particular the definition of the week should be altered 
and the provisions on driving periods, breaks and rest 
periods should be clarified; 
Whereas to reinforce checks on the provisions, the 
powers of the competent authorities should be extended 
and there should be more frequent communication on 
the implementation of the regulations by Member States 
to the Commission, 
HAS ADOPTED THIS REGULATION: 
Article 1 
Definitions 
Article 1 (4) of Regulation (EEC) No 3820/85 is hereby 
replaced by the following: 
'4. — "Week" means any period of seven conse­
cutive days. 
— "Day" means any period of 24 hours. 
For the purposes of this Regulation a period of seven 
days or 24 hours commences from the time a driver 
starts driving following a weekly rest period.' 
No C 116/16 Official Journal of the European Communities 3. 5. 88 
Article 2 
Scope 
Article 4 (6) of Regulation (EEC) No 3820/85 is hereby 
replaced by the following: 
'6. Vehicles used by public authorities or under 
contract to public authorities in connection with 
sewerage, flood protection, water, gas and electricity 
services, highway maintenance and control, refuse 
collection and disposal, telegraph and telephone 
services, carriage of postal articles, radio and tele­
vision broadcasting and the detection of radio or 
television transmitters or receivers.' 
Article 3 
Driving periods 
Article 6 of Regulation (EEC) No 3820/85 is hereby 
replaced by the following: 
Article 6 
1. The driving period in any 24-hour period, 
hereafter called "daily driving period" shall not 
exceed nine hours. The daily driving period may be 
extended twice in any one week to 10 hours. 
2. In any one week the total driving period shall 
not exceed 56 hours and in any two consecutive 
weeks it shall not exceed 90 hours.' 
Article 4 
Breaks 
Article 7 of Regulation (EEC) No 3820/85 is hereby 
replaced by the following: 
Article 7 
1. For any period of four-and-a-half hours driving 
a driver shall take a break of no less than 45 minutes. 
2. This break may be divided into breaks of no 
less than 15 minutes each, provided that the 
provisions of paragraph 1 are complied with. 
3. Notwithstanding paragraph 1, in the case of 
national carriage of passengers on regular services, 
Member States may fix the minimum break at no 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 over 30 minutes 
could hamper the flow of urban traffic and where it 
is not possible for drivers to take a 15-minute break 
within 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 purposes of this Article, 
the waiting 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. The breaks observed under this Article may not 
be regarded as daily rest periods.' 
Article 5 
Rest periods 
Article 8 of Regulation (EEC) No 3820/85 is hereby 
replaced by the following: 
Article 8 
1. In each period of 24 hours, a driver shall have a 
rest period, hereafter referred to as "daily rest 
period", of no less than 11 consecutive hours. This 
daily rest period may be reduced to a minimum of 
nine consecutive hours, not more than three times in 
any one week. Each reduction shall be compensated 
by an equivalent period of rest granted as compen­
sation before the end of the following week. 
Where the rest period is not reduced in accordance 
with the above paragraph, it may be taken in two or 
three separate periods during the day, one of which 
must be of no less than eight consecutive hours. In 
this case the daily rest period shall be increased to 12 
hours. 
2. Where a vehicle is manned by at least two 
drivers, each driver shall have a rest period of no less 
than eight consecutive hours during each period of 
30 hours. 
3. Before the end of each week, a driver shall have 
a rest period, hereafter referred to as "weekly rest 
period", of no less than 45 consecutive hours. This 
weekly rest period may be reduced to a minimum of 
36 consecutive hours if taken at the place where the 
vehicle is normally based or where the driver is 
based, or to a minimum of 24 consecutive hours if 
taken elsewhere. Each reduction shall be 
compensated by an equivalent rest taken en bloc 
before the end of the following week. 
4. In the case of international carriage of 
passengers other than on regular services, the weekly 
rest period may be postponed until the week 
following that in respect of which the rest is due and 
either incorporated into or added immediately 
following the second week's weekly rest. 
Member States may extend these provisions to 
national passenger services within their territory 
other than regular services. 
5. Any rest taken as compensation for the 
reduction of the daily and/or weekly rest periods 
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)