Proposal concerning the organisation of working time for mobile workers performing road transport activities and for self-employed drivers
Date: 1998-11-18
Institutions: European Commission
Subjects: arrangement of working time, occupational safety, organisation of work, transport staff, working time

C  43/4

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Proposal  for  a  Council  Directive  concerning  the  organisation  of  working  time  for  mobile
workers  performing  road  transport  activities  and  for  self-employed  drivers

(1999/C  43/02)

(Text  with  EEA  relevance)

COM(1998)  662  final  —  98/0319(SYN)

(Submitted  by  the  Commission  on  24  November  1998)

THE  COUNCIL  OF  THE  EUROPEAN  UNION

Having  regard  to  the  Treaty  establishing  the  European
Community,  and  in  particular  Articles  75  and  118a
thereof,

Having  regard  to  the  proposal  from  the  Commission,

In  cooperation  with  the  European  Parliament,

Having regard to the opinion of the Economic and Social
Committee,

Whereas  Article  75  of  the  Treaty  provides  that  the
Council shall adopt, amongst other things, common rules
applicable to road transport as well as measures designed
to improve road safety; whereas this Article provided the
proper  legal  base  in  particular  for  the  adoption  of
common rules concerning working time for self-employed
drivers  in  road  transport;

requirements  for  the  organisation  of  working  time
applicable  to  all  sectors  of  activity,  both  public  and
private  with  the  exception  of  air,  rail,  road,  sea,  inland
waterway  and  lake  transport  amongst  others;

Whereas  the  Council  recognised  in  the  preamble  to  that
Directive  that  it  may  be  necessary  to  adopt  separate
measures with regard to the organisation of working time
in  certain  sectors  and  activities  which  are  excluded  from
the  scope  of  the  Directive;

Whereas  it  is  therefore  necessary  in  order  to  ensure
improved road safety, to avoid distortion of competition,
and  to  promote  enhanced  working  conditions  for  road
transport  activities,  that  all  mobile  workers  performing
road transport activities and self-employed drivers should
operate  under  a  set  of  minimum  standards  on  working
time;

Whereas the provisions in this Directive are more specific
to  road  transport  than  certain  provisions  in  Directive
93/104/EC as amended and hence under Article 14 of the
latter  Directive  these  provisions  take  precedence;

Whereas  Article  118a  of  the  Treaty  provides  that  the
Council  shall  adopt  by  means  of  Directives,  minimum
requirements for encouraging improvements, especially in
the  working  environment,  to  ensure  a  better  level  of
protection  of  the  safety  and  health  of  workers;

Whereas,  in  order  to  improve  road  safety,  to  avoid
distortion  of  competition  and  to  ensure  the  safety  and
health of these mobile workers and self-employed drivers,
they must be granted minimum daily and weekly periods
of rest, and adequate breaks; whereas it is also necessary
to  place  a  maximum  limit  on  weekly  working  hours;

Whereas  Council  Regulation  (EEC)  No  3820/85  of  20
December  1985  on  the  harmonisation  of  certain  social
legislation  relating  to  road  transport (1)  has  laid  down
common  rules  on  driving  times  and  rest  periods  for
drivers;  whereas  this  Regulation  does  not  cover  other
aspects  of  working  time  for  road  transport;

Whereas  it  is  necessary  to  indicate  that  the  provisions
relating  to  rest  periods  and  breaks  within  Council
Regulation  (EEC)  No  3820/85  on  the  harmonisation  of
certain  social 
legislation  relating  to  road  transport
continue  to  apply  to  certain  mobile  workers  and
self-employed drivers;

Whereas  Council  Directive  93/104/EC  of  23  November
1993  concerning  aspects  of  the  organisation  of  working
time (2)  has  laid  down  minimum  safety  and  health

Whereas  the  above  Regulation’s  provisions  on  driving
time are supplemented by the working time provisions of
this  Directive;

(1)  OJ  L  370,  13.12.1985,  p.  1.
(2)  OJ  L  307,  13.12.1993,  p.  18.

Whereas,  in  spite  of  intensive  negotiations  between  the
social  partners,  an  agreement  has  not  been  possible  in

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respect  of  mobile  workers  in  road  transport,  to  be  put
into effect by means of a Council Decision on a proposal
from the Commission, in accordance with Article 4(2) of
the  Agreement  on  Social  Policy;

the  case,  by  the  Member  States  or  the  two  sides  of
industry;  whereas  as  a  general  rule,  in  the  event  of  a
derogation, 
the  workers  concerned  must  be  given
equivalent  compensatory  rest  periods;

. . ./. . ./EC 
amends  Directive
Whereas  Directive 
its  application  to  non-mobile
93/104/EC  to  ensure 
workers  in  the  sectors  and  activities  currently  excluded,
and  to  provide  basic  protection  to  mobile  workers
performing  road  transport  activities;  whereas  this  basic
protection includes the existing rules an annual leave and
certain  basic  provisions  for  night  workers  including
health  assessment;

Whereas  research  has  shown  that  the  human  body  is
more sensitive at night to environmental disturbances and
also  to  certain  burdensome  forms  of  organisation  and
that long periods of night work can be detrimental to the
health of workers and can endanger their safety and also
road  safety  in  general;

Whereas  as  a  consequence  there  is  a  need  to  limit  the
duration  of  periods  of  night  work,  including  overtime,
and  to  ensure  records  of  working  time  are  kept  by
employers  for  night  workers  and  for  mobile  workers
exceeding  the  48-hour  average  weekly  maximum;

Whereas, in accordance with the principles of subsidiarity
and proportionality as set out in Article 3b of the Treaty,
the  objectives  of  the  proposed  action  as  outlined  above
cannot  be  adequately  achieved  by  the  Member  States,  in
that  the  objective  is  to  ensure  that  all  workers  in  the
Community enjoy adequate protection of their health and
safety,  with  regard  to  working  time;  whereas,  in  view  of
the  scale  and  impact  of  the  proposed  action,  these
objectives  can  best  be  achieved  at  Community  level  by
the introduction of minimum provisions applicable to the
the  present
entire  European  Community;  whereas 
Directive  constitutes  no  more 
the  minimum
necessary  to  achieve  these  objectives,

than 

HAS  ADOPTED  THIS  DIRECTIVE:

Article  1

Purpose  and  scope

1. The purpose of this Directive is to establish minimum
health and safety standards in relation to the organisation
of  working  time  in  road  transport  and  to  improve  road
safety.

Whereas  night  workers  should  receive  appropriate
compensation  for  their  activity  and  should  not  be
disadvantaged  as 
training  and  promotion
opportunities;

regards 

to  all  mobile  workers
2. This  Directive  applies 
transport  activities  employed  by
performing 
undertakings  established  in  a  Member  State  and  to
self-employed  drivers  established  in  a  Member  State.

road 

Whereas  Regulation  (EEC)  No  3820/85  permits  drivers
covered by Article 6(4) and (5) a driving time of up to 65
hours  per  week;  whereas  the  driver’s  weekly  working
time is limited to 60 hours per week according to Article
3 of this Directive; whereas the drivers covered by Article
6(4)  and  (5)  of  cited  Regulation  (EEC)  No  3820/85  will
have  to  be  able  to  continue  driving  up  to  65  hours,
provided that the average maximum weekly working time
of  48  hours  over  four  months  is  not  exceeded;

3. This  Directive  contains  more  specific  Community
provisions  as  regards  mobile  workers  performing  road
transport  activities  and  therefore,  pursuant  to  Article  14
of  Directive  93/104/EC,  the  former’s  provisions  take
precedence  over  the  relevant  provisions  of  Directive
93/104/EC  as  amended  by  Directive  . . ./. . ./EC.

4. This  Directive  applies  without  prejudice  to  the
provisions  of  Regulation  (EEC)  No  3820/85.

the  Commission 

Whereas 
the
implementation of this Directive and developments in this
fields  in  the  Member  States  and  submit  to  the  Council,
the  European  Parliament  and  the  Economic  and  Social
Committee  a  report  on  the  application  of  the  rules;

should  monitor 

Whereas it is necessary to provide that certain provisions
may be subject to derogations implemented, according to

Article  2

Definitions

For  the  purposes  of  this  Directive:

1.  Working  time  means:

(a)  in  the  case  of  self-employed  drivers,  the  time
following

they  carry  out 

the 

during  which 
activities:

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(i) 

driving

(ii) 

loading  and  unloading

undertaking,  perform  road  transport  activities  and
form  part  of  the  travelling  personnel.

(iii) 

supervising  passengers  getting  in/out  of  the
bus/coach

(iv) 

cleaning  of  the  vehicle

4.  Rest  period  means  any  uninterrupted  period  of  at
least  one  hour  during  which  the  mobile  worker  or
self-employed  drive  may  freely  dispose  of  this  time.

(v) 

security  inspection  of  the  vehicle  and  the
load

5.  Week  means  the  period  between  0.00  hours  on

Monday  and  24.00  hours  on  Sunday.

(vi)  other  work  to  ensure  the  safety  of  the

vehicle,  the  load  or  the  passengers

(vii)  technical  maintenance  of  the  vehicle

(b) in  the  case  of  mobile  workers,  the  time  from  the
beginning  to  the  end  of  work,  that  is  all  activities
or  standby  duty,  excluding  breaks.

Activities  include,  in  particular:

(i) 

driving

(ii) 

loading  and  unloading

(iii) 

supervising  passengers  getting  in/out  of  the
bus/coach

(iv) 

cleaning  of  the  vehicle

(v) 

security  inspection  of  the  vehicle  and  the
load

(vi)  other  work  to  ensure  the  safety  of  the

vehicle,  the  load  or  the  passengers

(vii)  technical  maintenance  of  the  vehicle

(viii)  administrative  work

2.  Standby duty means the time during which the mobile
worker  is  at  his  place  of  work,  ready  to  take  up  full
working  duties,  where  appropriate  on  his  own
initiative,  and  generally  with  certain  tasks  associated
with  being  on  duty.

Standby  period  means  the  time  during  which  the
mobile  worker  has  no  duties,  while  available  for
taking  up  work.  Standby  periods  must  be  known  in
advance by the mobile worker in accordance with the
conditions  agreed  between  social  partners  at  the  level
and under the terms provided in the legislation of the
Member  States.

Without  prejudice  to  the  legislation  of  the  Member
States or agreements between social partners requiring
such  periods  to  be  compensated  or  limited,  stand-by
periods  shall  not  be  considered  as  working  time
within  the  meaning  of  Articles  3  and  6  of  this
Directive.

6.  Night time means a period of at least seven hours, as
defined  by  national 
case
encompassing  the  period  between  midnight  and  5
a. m.

law,  and 

in  any 

7.  Night  work  means  work  during  a  period  of  work
which  includes  more  than  two  hours  of  night  time.

8.  Night  workers  means  mobile  workers 

or

self-employed  drivers  who:

(i)  usually  perform  night  work  on  rotating  shifts

because  of  their  work  schedule,  or

(ii) perform  a  certain  proportion  of  their  annual
working  time  during  night  time.  This  proportion
shall  be  defined  by  the  legislation  of  the  Member
States  in  consultation  with  the  social  partners.

Article  3

Maximum  weekly  working  time

Member  States  shall  take  the  measures  necessary  to
ensure  that:

1.  the  average  weekly  working  time  may  not  exceed  48
hours.  The  maximum  weekly  working  time  can  be
extended  to  60  hours  only  if  within  four  months  an
average of 48 hours per week is not exceeded. This is
without  prejudice 
(5)  of
Regulation  (EEC)  No  3820/85,  provided  that  the
self-employed  drivers  and  mobile  workers  concerned
do not exceed the average maximum weekly working
time  of  48  hours  over  four  months.

to  Article  6(4)  and 

2.  for  mobile  workers,  working  time  for  different
employers  is  the  sum  of  the  working  hours.  The
mobile  worker  shall  inform  the  employer  concerned
in  writing  of  working  time  performed  for  another
employer.

Article  4

Breaks

3.  Mobile  workers  are  all  those  workers,  including
trainees  and  apprentices,  who  are  employed  by  an

Member  States  shall  take  the  measures  necessary  to
ensure  that,  without  prejudice  to  the  level  of  protection

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provided  by  Regulation  (EEC)  No  3820/85  on  the
harmonisation  of  certain  social  legislation  relating  to
road transport, mobile workers shall in no circumstances
be  employed  and  self-employed  drivers  shall  in  no
circumstances carry out the activities referred to in Article
2(1)  for  more  than  six  consecutive  hours  without  a
break. Working time shall be interrupted by breaks of at
least  30  minutes,  if  working  hours  total  between  six  and
nine  hours,  and  of  at  least  45  minutes,  if  working  hours
total more than nine hours. The breaks referred to in the
first  sentence  may  be  divided  up  into  periods  of  at  least
15  minutes.

Article  5

Rest  periods

1. Those  self-employed  drivers  and  mobile  workers
subject  to  Regulation  (EEC)  No  3820/85  shall  have  the
rest  periods  provided  therein.

2. Member  States  shall  take  the  measures  necessary  to
ensure  that  self-employed  drivers  and  mobile  workers
other  than  those  referred  to  in  paragraph  1  have  an
uninterrupted  period  of  rest  at  the  end  of  their  daily
work  of  at  least  11  hours.

3. The  duration  of  the  period  of  rest  referred  to  in
paragraph  2  may  be  reduced  by  up  to  one  hour,  if  each
such reduction is compensated either within the following
calendar month or within four weeks by the extension of
another  rest  period  to  at  least  12  hours.

4. Member  States  shall  take  the  measures  necessary  to
ensure that for self-employed drivers and mobile workers
other  than  those  referred  to  in  paragraph  1,  after  no
more  than  six  consecutive  daily  working  periods,  the
period  of  rest  in  paragraph  2  shall  be  extended  by  24
consecutive  hours  to  form  a  period  of  weekly  rest.

Article  6

Night  workers

Member  States  shall  take  the  measures  necessary  to
ensure  that:

1.  the  daily  working  time  of  a  night  worker  may  not
exceed  eight  hours.  It  may  be  extended  to  10  hours
only  if  an  average  of  eight  hours  a  day  is  not
exceeded  within  two  months;  for  periods  in  which
night  workers  are  not  requested  to  perform  night
work,  Article  3  shall  apply

3.  those  mobile  workers  who  are  night  workers  shall
training  and

have 
opportunities  for  promotion  as  other  workers.

the  same  access 

further 

to 

Article  7

Derogations

laws, 

1. Derogations from Articles 3, 5 and 6 may be adopted
by  means  of 
regulations  or  administrative
provisions  or  by  means  of  collective  agreements  or
agreements  between  the  two  sides  of  industry,  provided
that  the  workers  concerned  are  afforded  equivalent
periods  of  compensatory  rest.

2. The option to derogate from Article 3 may not result
in  the  establishment  of  a  reference  period  exceeding  six
months,  for  the  average  maximum  weekly  working  time
of  48  hours.  In  addition,  Member  States  may  allow
derogations  from  Article  3  provided  that  the  maximum
average  weekly  working  time  is  reduced  as  follows:

—  to  39  hours  on  average,  over  reference  period  of  up

to  9  months,  and

—  to 35 hours on overage, over a reference period of up

to  12  months.

3. For regular passenger transport services over distances
of less than 50 kilometres, breaks or layover time may be
split  into  periods  of  less  than  15  minutes  duration.

Article  8

Information  and  records

1. Member  States  shall  take  the  measures  necessary  to
ensure  that  the  employer  of  mobile  workers  takes  the
following  action:

(a)  the  employer  shall  post  or  display  in  an  appropriate
place  in  the  undertaking’s  premises,  a  copy  of  this
Directive,  of  the  relevant  national  rules  and  statutory
orders  and  of  the  collective  agreements  and  company
agreements,  if  applicable,  made  on  the  basis  of  this
Directive; and

(b) the employer shall record the working time of mobile
workers  who  do  more  than  48  hours  of  work  per
week  or,  for  night  workers,  more  than  eight  hours
work per day. These records shall be kept for at least
two  years.

2.  compensation  for  night  work  shall  be  given  in
accordance  with  the  national  legislative  measures,
collective  agreements  and/or  national  practice,  but
such  compensation  is  permitted  only  on  condition
that  it  is  of  such  a  kind  as  not  to  endanger  road
safety  and

2. Member  States  shall  take  measures  necessary  to
ensure  that  the  self-employed  driver  shall  maintain  a
record  of  his  working  time  when  he  does  more  than  48
hours of work per week or, if he is a night worker, more
than  eight  hours  work  per  day.  These  records  shall  be
kept  for  at  least  two  years.

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Article  9

More  favourable  provisions

This  Directive  shall  not  affect  Member  States’  rights  to
apply  or  introduce  laws,  regulations  or  administrative
provisions  more  favourable  to  the  protection  of  the
health  and  safety  of  mobile  workers  or  self-employed
drivers,  or  to  facilitate  or  permit  the  application  of
collective  agreements  or  agreements  concluded  between
the  two  sides  of  industry  which  are  more  favourable  to
the  protection  of  the  health  and  safety  of  mobile
workers.

Article  10

Penalties

Member  States  shall  determine  the  range  of  penalties
applicable  for  infringements  of  national  provisions  made
in  implementation  of  this  Directive  and  shall  take  all
necessary  steps  to  ensure  that  they  are  enforced.  The
penalties  must  be  effective,  commensurate  with  the
infringement,  and  must  constitute  a  sufficient  deterrent.
Member  States  shall  notify  these  provisions  to  the
Commission by the date mentioned in Article 11(1) at the
latest,  and  any  subsequent  amendment  thereto  in  good
time.

Article  11

Final  provisions

1. Member  States  shall  adopt  the  laws,  regulations  ad
administrative  provisions  necessary  to  comply  with  this
Directive  by  (two  years  after  entry  into  force)  or  shall
ensure  by  that  date  that  the  two  sides  of  industry
establish  the  necessary  measures  by  agreement,  with
Member  States  being  obliged  to  take  any  necessary  steps
to  enable  them  to  guarantee  at  all  times  that  the
provisions  laid  down  by  this  Directive  are  fulfilled.

2. When  Member  States  adopt  the  measures  referred  to
in  paragraph  1,  they  shall  contain  a  reference  to  this
Directive  or  shall  be  accompanied  by  such  reference  on
the occasion of their official publication. The methods of
making  such  a  reference  shall  be  laid  down  by  the
Member  States.

3. Without  prejudice  to  the  right  of  Member  States  to
develop,  in  the  light  of  changing  circumstances,  different
legislative,  regulatory  or  contractual  provisions  in  the
field  of  working  time,  as 
long  as  the  minimum
requirements  provided  for  in  this  Directive  are  complied
with, implementation of this Directive shall not constitute
valid grounds for reducing the general level of protection
afforded  to  mobile  workers  and  self-employed  drivers.

4. Member  States  shall  report  to  the  Commission  every
two  years  on  the  implementation  of  this  Directive
indicating  the  viewpoints  of  the  two  sides  of  industry.
The  information  must  reach  the  Commission  no  later
than  30  September  following  the  date  on  which  the
two-year  period  covered  by  the  report  expires.  The
two-year  period  shall  be  the  same  as  that  referred  to  in
Article  16(2)  of  Council  Regulation  (EEC  No  3820/85.

5. The  Commission  shall  produce  a  report  every  two
years on the implementation of this Directive by Member
States  and  developments  in  the  field  in  question.  The
Commission shall forward this report to the Council, the
European  Parliament  and  the  Economic  and  Social
Committee.

6. Member States shall communicate to the Commission
the  texts  of  the  provisions  of  national  law  already
adopted  or  being  adopted  in  the  field  governed  by  this
Directive.

Article  12

This  Directive  is  addressed  to  the  Member  States.