WRITTEN QUESTION P-3827/02

by Theodorus Bouwman (Verts/ALE) to the Commission

(20 December 2002)

Subject: Road transport fraud, involving fake letters giving time off, in the Netherlands and other EU Member States

On 12 and 13 December 2002, the Dutch newspaper De Volkskrant reported on repeated instances of fraud and breaches of the law on driving hours, involving fake letters giving time off which goods vehicle drivers receive from their bosses. Since, upon submission of a letter giving time off, it is no longer compulsory to have tachograph discs for previous driving days checked, a fake letter makes it possible to put in additional driving time.

Would the Commission investigate whether such practices also take place in Member States other than the Netherlands and report in the near future?

Is the Commission prepared to take action in the short term in order to put an end to these fraudulent practices in the Netherlands and, possibly, other Member States, and, if so, would it say how it will do so?

Does the Commission agree that goods vehicle drivers, as the final link in the transport chain, are the victim of the excessive market power wielded by shippers' organisations, which can exert such pressure on prices that drivers are forced to work irresponsibly long days and weeks?

Answer given by Mrs de Palacio on behalf of the Commission

(24 January 2003)

The Commission is aware of that employers may provide letters certifying that their drivers were on leave during part of the period checked at the roadside by enforcement staff. Council Directive 88/599/EEC of 23 November 1998 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(1) sets out the standard checking procedures and the driving times which may be checked at the roadside and on the premises of undertakings. Currently under Article 3, enforcement officers at a roadside inspection may check daily driving periods, breaks and daily rest periods as well as the last weekly rest period. It is only in the case of clear indications of irregularities that the record sheets for the current week and, in any event, the sheet for the last day on which a driver drove during the previous week may be checked. It is at this stage that a certifying letter may be used to justify a lack of sheets. It is currently up to enforcement officers whether in the circumstances they accept this as valid proof, or whether further investigation at the company premises is advisable. There is no Community rule requiring acceptance of such company letters as proof.

The primary check on fortnightly driving limits is carried out on the premises of the undertaking and it is here that annual leave or sick absence records can be verified.

The Commission intends to submit a proposal in 2003 which will seek to improve enforcement practice in this area. One of the measures envisaged will encourage improved co-operation both between enforcement agencies within Member States as well as between Member States so that such issues can more easily be addressed in practice.

The Commission acknowledges that there is a keen competitive environment within the road transport sector. It also notes that Article 14(3) of the current sectoral working time Directive 2002/15/EC of the Parliament and of the Council of 11 March 2002 on the organisation of the working time persons performing mobile road transport activities(2) makes provision for co-liability in the entire transport chain, should a driver breach working time rules.

(1) OJ L 325, 29.11.1988.

(2) OJ L 80, 23.3.2002.