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
Date: 1989-05-31
Institutions: European Commission
Subjects: EU control, approximation of laws, drivers, exchange of information, police checks, road transport

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 

( i i) 

Clarification  of  the  provisions  on  break  times 

( i i i)  Requirement  for  reduced  daily  and  weekly  rest 

times  to  be  recuperated  before  the  end  of  the 

second  week. 

At  i ts  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  c l a r i ty  to  the  proposals. 

In  t h is 

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  p a r t i c u l a r: 

- 3 -

(a) 

t h çy  a re  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. 

j 

i 

\ 

-  4  -

Amendment  to  the  proposal  for  a  Council 

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. 

-  5  -

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*. 

- 6 -

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. 

- 7 -

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 

- 2 -

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 

- 4 -

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 

COM(89)  52  final 

ISSN 0254-1475 

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 

€ 

COMMISSION OF THE EUROPEAN COMMUNITIES 

31.5.1989