COMMISSION OF THE EUROPEAN COMMUNITIES 
COM (89)52 final 
Brussels, 31 May 1989 
Amendment to the proposal for a 
COUNCIL REGULATION (EEC) 
amending 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 
Amendment to the proposal for a 
COUNCIL DIRECTIVE 
on standard checking procedures for the 
implementation of Regulation (EEC) No. 
3820/85 on the harmonisation of certain 
social legislation relating to road 
transport and Regulation (EEC) No. 3821/85 
on recording equipment in road transport 
(presented by the Commission pursuant to the 
third paragraph of Article 149 of the EEC Treaty) 
-%' t&Tïvf 
Explanatory memorandum 
1. On 24 March 1988 the Commission put to the Council a 
proposal to amend Regulations (EEC) No. 3820/85 and 
(EEC) No. 3821/85. 
The measures proposed include: 
(i) Redefinition of the driving week and day 
(ii) Clarification of the provisions on break times 
(iii) Requirement for reduced daily and weekly rest 
times to be recuperated before the end of the 
second week. 
At its plenary session of 14-18 November 1988 Parliament 
approved the Commission's proposal subject to certain 
amendments. 
Certain of these amendments can be accepted as they 
apport greater clarity to the proposals. In this 
respect the Commission can accept Amendments Nos. 
4, 5, 6, 8, 9, 10, 11 and 18. 
The other amendments requested by Parliament are 
unacceptable for the following reasons .in particular: 
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(a) thçy are superfluous as the existing provisions are 
adequate to achieve the same ends; 
(b) they would reduce the necessary flexibility of 
the Legislation; 
(c) they raise issues which transcend the transport 
field; 
(d) they would neither clarify interpretation nor 
improve control. 
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j Amendment to the proposal for a Council 
i 
\ Regulation (EEC) amending Regulations (EEC) 
No. 3820/85 on the harmonisation of certain 
social legislation relating to road transport 
and (EEC) No. 3821/85 on recording equipment 
in road transport 
(Submitted to the Council by the Commission 
under Article 149 (3) of the KC Treaty) 
The Commission proposal of 24 March 1988, as set out 
in document COM (88) 21 final (1) is hereby amended 
as follows: 
1. Article 1 is replaced by the following: 
Article 1 
Definitions 
Article 1(4) of Regulation (EEC) No. 3820/85 is hereby 
replaced by the following: 
"4. - 'week' means a period of seven consecutive days; 
* *day? means any continuous period of 24 hrs. 
For the purposes of this regulation a week commences from 
the time a driver starts driving following a weekly rest 
pe ri od. 
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2. Article 3 § 1 shall read: 
1. The driving period in any continuous 24-hour period, 
hereafter called 'daily driving period' shall not 
exceed 9 hours. The daily driving period may be 
extended twice in any one week to 10 hours. 
3. Article 5 shall read: 
Rest Periods 
Article 8 of Regulation (EEC) No. 3820/85 is hereby 
replaced by the following: Article 8 
1. In each continuous 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 
9 consecutive hours, not more than three times 
in any one week. Each reduction shall be compensated 
by an equivalent period of rest granted as 
compensation 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 8 consecutive hours. In 
this case the daily rest period shall be increased 
to 12 hours. 
2. A 'daily rest period* as described in paragraph, must 
be taken between any two consecutive 'daily driving 
periods*. 
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3. Where a vehicle is manned by at least two drivers, 
each driver shall have a rest period of no less 
than 8 consecutive hours during each period of 
30 hours. 
4. 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. 
5. 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. 
6. Any rest taken as compensation for the reduction of 
the daily and/or weekly rest periods must be attached 
to another rest of at least 8 hours and shall be granted, 
at the request of the driver concerned, at the 
vehicle's parking place or driver's base. 
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7. Hours of the day that cannot^be designated as "daily driving 
period", "compulsory break in the driving period", or 
"daily rest period", may not be allocated as part of the 
driving period or rest period for the subsequent day. 
8. The daily rest period may be taken in a vehicle as long as it 
is fitted with a bunk, is stationary, the heating system poses 
no danger to drivers, and no better accommodation is 
available within a reasonable distance. 
4. Article 9 is replaced by the following: 
Article 9 
The Commission shall investigate the possibility of introducing 
at some future date rules governing working hours and a prohibition 
on certain systems of payment. It shall submit a relevant report 
not later than 31 December 1989 to the Council and to Parliament. 
5. Article 9 becomes Article 10. 
Amendment to the proposal for a 
Council Directive (EEC) 
on standard checking procedures for the 
implementation of Regulation (EEC) No. 
3820/85 on the harmonisation of certain 
social legislation relating to road 
transport and Regulation (EEC) No. 3821/85 
on recording equipment in road transport 
3 
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Explanatory Memorandum 
On March 24/1988 the Commission put to the Council a 
proposal for a directive on standard checking procedures 
for the implementation of Regulation (EEC) No. 3820/85 
on the harmonisation of certain social legislation 
relating to road transport and Regulation (EEC) 
No. 3821/85 on recording equipment in road transport. 
Proper application of the regulations calls for uniform 
and effective checking by Member States. It is, therefore, 
necessary to introduce minimum requirements in order to 
check compliance with the relevant provisions. 
These requirements aim at reducing and eventually 
preventing infringements. 
Effective and efficient control throughout the Community 
will also require the exchange of information on the 
enforcement of the regulations in the Member States. 
The measures proposed include 
a minimum number of compulsory checks per year carried 
out at regular intervals^ .. 
an annual target figure of véhicules to be checked, 
based on a percentage of the total number of vehicles 
subject to the regulations, 
periodic coordinated spot checks throughout the Community, 
* - 3 -
. checks at the road side and at business premises 
. regular and compulsory exchange of information on 
breaches committed and penalties imposed. 
2. At its plenary session of 14 - 18 November 1988 Parliament 
approved the Commission's proposal subject to 
certain amendments. 
3. The Commission can accept the amendments proposed by 
the Parliament. 
AO 
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Amendment to the proposal for a Council 
Directive (EEC) on standard checking procedures 
for the implementation of Regulation (EEC) 
No. 3820/85 on the harmonisation of certain 
social legislation relating to road transport 
and Regulation (EEC) No. 3821/85 on recording 
equipment in road transport 
(Submitted to the Council by the Commission 
under Article 149(3) of the EEC Treaty) 
The Commission proposal of 24 March 1988, as set out in 
document COM(88) 21 final (1) is hereby amended as 
follows: 
1. Article 3 paragraph 3 is replaced by the following: 
3. Checks shall be carried out at the roadside, at 
premises of undertakings and in public test stations 
2. Article 3 paragraph 6 is replaced by the following: 
6. Checks at premises of undertakings, for the 
purposes of this Directive, shalL include 
examination of driving records, 
past work schedules and wage records. 
Checks in public test stations shall be carried 
out in accordance with the same requirements as 
those at the roadside or at premises of undertakings. 
Authorized inspecting officers shall, under the 
provisions of Article 15 of Regulation (EEC) No. 
3820/85, also check future work schedules. 
AA 
Commission of the European Communities 
COM(89) 52 final 
Amendments to the proposals for 
- COUNCIL REGULATION (EEC) 
amending Regulation (EEC) No 3820/85 on the harmonization of cer­
tain social legislation relating to road transport and Regulation (EEC) 
No 3821/85 on recording equipment in road transport 
- COUNCIL DIRECTIVE 
on standard checking procedures for the implementation of Regu­
lation (EEC) No 3820/85 on the harmonization of certain social legisla­
tion relating to road transport and Regulation (EEC) No 3821/85 on 
recording equipment in road transport 
(presented by the Commission pursuant to Article 149(3) of the EEC 
Treaty) 
31.5.1989 
Office for Official Publications of the European Communities 
L - 2985 Luxembourg 
Series: DOCUMENTS 
1989 — 11 pp. - Format: 21.0 x 29.7 cm 
EN 
ISSN 0254-1475 
ISBN 92-77-50533-8 
Catalogue number: CB-CO-89-212-EN-C 
ISSN 0254-1475 
COM(89) 52 final 
DOCUMENTS 
Amendments to the proposals for 
- COUNCIL REGULATION (EEC) 
amending 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 
- 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 
(presented by the Commission pursuant to Article 149(3) of the 
EEC Treaty) 
06 07 
Catalogue number: CB-C0-89-212-EN-C 
ISBN 92-77-50533-8 31.5.1989 
€ 
COMMISSION OF THE EUROPEAN COMMUNITIES