Proposal for a Regulation of the European Parliament and of the Council on the harmonisation of certain social legislation relating to road transport
Date: 2001-10-12
Institutions: European Commission
Subjects: AETR agreement, approximation of laws, international transport, occupational safety, road transport, social legislation

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Official Journal of the European Communities

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Proposal for a Regulation of the European Parliament and of the Council on the harmonisation of
certain social legislation relating to road transport

(2002/C 51 E/05)

(Text with EEA relevance)

COM(2001) 573 final (cid:151) 2001/0241(COD)

(Submitted by the Commission on 12 October 2001)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 71 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of
Committee,

the Economic and Social

Having regard to the opinion of the Committee of the Regions,

Acting in accordance with the procedure laid down in Article
251 of the Treaty,

Whereas:

(1) In the

road

field of

transport, Regulation (EEC)
No 3820/85 on the harmonisation of certain social legis-
lation relating to road transport (1) sought to harmonise
the conditions of competition between methods of inland
transport, especially with regard to the road sector and
the improvement of working conditions and road safety.
Progress in these areas must be safeguarded and extended.

(2) Article 17a(2) of Directive 93/104/EC (2) concerning
certain aspects of the organisation of working time, as
the European
amended by Directive 2000/34/EC of
the Council (3),
requires Member
Parliament and of
States to adopt measures to ensure that mobile workers
are entitled to (cid:145)adequate rest(cid:146).

(3) Difficulties have

in interpreting,
been experienced
applying and enforcing certain provisions of Regulation
(EEC) No 3820/85 on driving time, break and rest period
rules for drivers engaged in national and international
road transport within the Community in a uniform
the broad
manner
terms in which they are drafted.

in all Member States, because of

(4) Effective and uniform enforcement of those provisions is
desirable so as to achieve their objectives and not to bring

(1) OJ L 370, 31.12.1985, p. 1.
(2) OJ L 307, 13.12.1993, p. 18.
(3) OJ L 195, 1.8.2000, p. 41.

the application of the rules into disrepute. Therefore a
clearer and simpler set of rules is needed, which will be
more easily understood,
interpreted and applied by the
road transport industry and the enforcement agencies.

(5) Measures provided for

in this Regulation regarding
working conditions cannot be allowed to prejudice the
right of
industry to lay down, by
collective bargaining or otherwise, provisions more
favourable to workers.

the two sides of

(6) It is desirable to define clearly the precise scope of this
Regulation by specifying the main categories of vehicle
included.

(7) Full definitions of all key terms should be given in order
to render the interpretation easier and ensure that the
Regulation is applied in a uniform manner.

(8) The provisions of the European Agreement concerning
the Work of Crews of Vehicles engaged in International
Road Transport of 1 July 1970 (AETR), as amended,
should continue to apply to the carriage by road of
goods and passengers by vehicles
registered in any
Member State or any country which is a contracting
party to the AETR, for the whole of the journey where
that journey is between the Community and a country
which is a contracting party or through such a country;

(9) In the case of vehicles registered in a state which is not a
those provisions will only
the journey effected within the

contracting party to AETR,
apply to that part of
Community.

(10) Since the subject matter of the AETR Agreement falls
to
the power
lies with the

this Regulation,
within the scope of
negotiate and conclude the Agreement
Community.

(11) If an amendment to the internal Community rules in the
field in question necessitates a corresponding amendment
to the AETR, Member States will act together to bring
about such an amendment to the AETR in accordance
with the procedure laid down therein.

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(12) The list of exemptions should be updated to reflect devel-
opments in the road transport sector over the past fifteen
years.

(20) In order to promote social progress and improve road
safety, each Member State must retain the right to adopt
certain appropriate measures.

(13) The basic rules on driving time need to be clarified and
simplified to allow effective and uniform enforcement by
means of the digital tachograph as set out in Regulation
(EEC) No 3821/85 on recording equipment
in road
transport (1)
amended by Regulation (EEC) No
2135/98 (2).

as

(14) It has proved possible under existing rules to schedule
daily driving periods and breaks to enable a driver to
drive for
leading to
too long without a full break,
reduced road safety and a deterioration in drivers’
working conditions.
to
is
introduce a longer minimum break which must be
taken within a shorter time period.

appropriate

therefore

It

(15) Current compensation periods for reduced rest periods,
both daily and weekly, have been found to be so
flexible and varied as to be practically unenforceable. In
order to simplify the scheme, a new balance should be
found which retains
flexibility but provides a better
the driver and is computable. Standard
standard for
daily rest periods should be increased and split periods
of rest should not be permitted. Reduced rest periods
should be
compensation and weekly
reduced rest periods permitted only once between two
full weekly rest periods.

left without

(16) Many road transport operations within the Community
the
for part of
involve transport by ferry or by rail
journey. Clear, appropriate provisions
regarding daily
rest periods and breaks should therefore be laid down
for such operations.

(17) In view of the increase in cross-border carriage of goods
and passengers,
it is desirable in the interests of road
safety and enhanced enforcement for roadside checks to
cover driving times and rest periods undertaken within
other Member States or third countries.

(18) Liability of transport undertakings should apply at least to
transport undertakings which are legal or natural persons,
and should not exclude proceedings against natural
persons who are perpetrators,
instigators or accessories
to infringements of this Regulation.

(19) It is necessary for drivers working for several transport
adequate
responsibilities

one with
its

each
to fulfil

undertakings
supply
information to enable it
under this Regulation.

to

(21) National derogations should reflect changes in the road
transport sector and be restricted to those elements not
now subject to competitive pressures.

(22) The Member States should lay down rules for vehicles
used for the carriage of passengers on regular services
where the route covered does not exceed 50 km. Those
rules should provide adequate protection in terms of
driving times allowed and breaks and rest periods
imposed.

(23) It is desirable in the interests of effective enforcement that
all regular national and international passenger transport
services should be checked using the standard recording
device.

(24) The Member States should lay down rules on penalties
applicable to infringements of the provisions of this Regu-
they are implemented. Those
lation and ensure that
penalties must be effective, proportionate and dissuasive.
The possibility of impounding the vehicle where serious
infringements are detected should be included within the
common range of penalties open to Member States.

(25) It

is desirable in the interests of clear and effective
to ensure uniform provisions on the
enforcement
liability of
for
transport undertakings
breaches of the measures provided for in this Regulation.
This liability may result in penal, civil or administrative
sanctions as may be the case in the Member States.

and drivers

(26) In accordance with the principles of subsidiarity and
proportionality as set out in Article 5 of the Treaty, the
objective of laying down clear common rules on driving
times and rest periods for drivers in road transport cannot
be sufficiently achieved by the Member States and can
therefore, by reason of the need for co-ordinated trans-
national action, be better achieved by the Community.
This Regulation confines itself to the minimum required
in order to achieve those objectives and does not go
beyond what is necessary for that purpose.

(27) In accordance with Article 2 of Council Decision
1999/468/EC of 28 June 1999 laying down the
implementing powers
procedures
conferred on the Commission (3), measures
the
implementation of this Regulation should be adopted by
use of the advisory procedure provided for in Article 3 of
that Decision.

the exercise of

for

for

(1) OJ L 370, 31.12.1985, p. 8.
(2) OJ L 274, 9.10.1998, p. 1.

(3) OJ L 184, 17.7.1999, p. 23.

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(28) For reasons of clarity and rationalisation, Regulation (EEC)
No 3820/1985 should be repealed and replaced by this
Regulation,

Article 3

Without prejudice to Article 6(6), this Regulation shall not
apply to carriage by:

HAVE ADOPTED THIS REGULATION:

CHAPTER I

INTRODUCTORY PROVISIONS

Article 1

This Regulation lays down rules on driving time, breaks and
rest periods for drivers engaged in the carriage of goods and
passengers by road in order to harmonise the conditions of
competition between methods of inland transport, especially
with regard to the road sector and to improve working
conditions and road safety.

1. vehicles used for the carriage of passengers on regular
in

covered by the

services where
the
question does not exceed 50 kilometres;

service

route

2. vehicles with a maximum authorised speed not exceeding

30 kilometres per hour;

3. vehicles owned or hired in without a driver by the armed
services, civil defence, fire services, and forces responsible
for maintaining public order;

4. vehicles used in emergencies or rescue operations;

Article 2

1.

This Regulation shall apply to carriage by road:

5. specialised vehicles which are owned or hired in without a

driver by the State and used for medical purposes;

(a) of goods where the permissible maximum weight of the
vehicles, including any trailer, or semi-trailer, exceeds 3,5
tonnes, or

6. specialised
equipment;

vehicles

transporting

circus

and

fun-fair

(b) of passengers by vehicles which are

constructed or
permanently adapted for carrying more than nine persons
including the driver, and are intended for that purpose.

It shall apply to vehicles registered in the Community where
the carriage by road is undertaken:

7. specialised breakdown vehicles operating within a 50 km

radius of their base;

8. vehicles undergoing road tests for technical development,
rebuilt

repair or maintenance purposes, and new or
vehicles which have not yet been put into service;

(a) entirely within the Community; or

9. vehicles with a maximum permissible weight not exceeding
7 500 kg used for non-commercial carriage of goods.

(b) between the Community and a third country which is not a
contracting party to the European Agreement concerning
the Work of Crews of Vehicles engaged in International
Road Transport (AETR) or passes through such a country.

Article 4

For the purposes of this Regulation the following definitions
will apply:

The AETR shall apply where carriage by road is

2.
undertaken:

(a) by vehicles registered in any Member State or any country
which is a contracting party to the AETR, for the whole of
the journey where that journey is between the Community
and a country which is a contracting party, or through
such a country; or

1.

(cid:145)carriage by road(cid:146) means any journey made on roads by a
vehicle, whether laden or not, used for the carriage of
passengers or goods;

2. (cid:145)vehicle(cid:146) means a motor vehicle, tractor, trailer or semi-

trailer, defined as follows:

(b) by vehicles registered in a third country which is not a
the

the whole of

contracting party to the AETR,
for
journey made within the Community.

(cid:151) (cid:145)motor vehicle(cid:146): any mechanically self-propelled vehicle
circulating on the
vehicle
permanently running on rails, and normally used for
carrying passengers or goods;

road, other

than a

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(cid:151) (cid:145)tractor(cid:146): any mechanically self-propelled vehicle circu-
lating on the road, other than a vehicle permanently
running on rails, and specially designed to pull, push or
move trailers, semi-trailers, implements or machines;

9. A (cid:145)flexible week(cid:146) means the period of time between the end
of one weekly rest period and the beginning of the next
weekly rest period.

(cid:151) (cid:145)trailer(cid:146): any vehicle designed to be coupled to a motor

vehicle or tractor;

(cid:151) (cid:145)semi-trailer(cid:146): a trailer without a front axle coupled in
such a way that a substantial part of its weight and of
the weight of its load is borne by the tractor or motor
vehicle;

10.

(cid:145)daily driving time(cid:146) means the total accumulated driving
time between any two consecutive daily rest periods or
between a daily rest period and a weekly rest period.

11.

(cid:145)weekly driving time(cid:146) means the total accumulated driving
time during a week.

12. (cid:145)permissible maximum weight(cid:146) means the maximum auth-

orised operating weight of the vehicle fully laden;

3. (cid:145)driver(cid:146) means any person who drives the vehicle even for a
short period, or who is carried in a vehicle in order to be
available for driving if necessary;

13.

(cid:145)regular passenger
services(cid:146) means national and inter-
national services as defined in Article 2 of Council Regu-
lation (EC) No 684/92 (1).

4. (cid:145)break(cid:146) means any period during which a driver may not

14.

carry out any other work.

5. (cid:145)other work(cid:146) means any activity which is not rest, a break
or driving. Waiting time and time not devoted to driving
spent in a vehicle in motion, a ferry, or a train shall also
not be regarded as (cid:145)other work(cid:146).

6. (cid:145)rest(cid:146) means any uninterrupted period during which the

driver may freely dispose of his time.

7.

(cid:145)daily rest period(cid:146) means the daily period during which the
driver may freely dispose of his time and covers a (cid:145)regular
daily rest period(cid:146) or a (cid:145)reduced daily rest period(cid:146).

(cid:151) (cid:145)regular daily rest period(cid:146) means any uninterrupted

period of rest of at least 12 hours.

(cid:145)multi-manning(cid:146) (cid:151) a driver is engaged in multi-manning a
vehicle if there is, during all periods of driving between
any two consecutive daily rest periods, or between a daily
rest period and a weekly rest period, at least one other
driver on the vehicle.

15.

(cid:145)transport undertaking(cid:146) means any natural person, any legal
person, any association or group of persons without legal
personality, whether profit-making or not, or any official
body, whether having its own legal personality or being
dependent upon an authority having such a personality
which engages in carriage by road.

CHAPTER II

CREW, DRIVING TIMES, BREAKS AND REST PERIODS

Article 5

1.

The minimum age for conductors shall be 18 years.

(cid:151) (cid:145)reduced daily rest period(cid:146) means any uninterrupted
period of rest of at least 9 hours but less than 12
hours.

2.
The minimum age for driver’s mates shall be 18 years.
However, Member States may reduce the minimum age for
drivers’ mates to 16 years provided that

8. (cid:145)weekly rest period(cid:146) means the weekly period during which
the driver may freely dispose of his time and covers a
(cid:145)regular weekly rest period(cid:146) or a (cid:145)reduced weekly rest
period(cid:146).

(a) the carriage by road is carried out within one Member
State within a 50 kilometre radius of the place where the
vehicle is based,
including local administrative areas the
centres of which are situated within that radius,

(cid:151) (cid:145)regular weekly rest period(cid:146) means any uninterrupted

period of rest of at least 45 hours.

(cid:151) (cid:145)reduced weekly rest period(cid:146) means any uninterrupted
period of rest of at least 24 hours but less then 45
hours, which is taken other than at the place where
the vehicle is normally based or where the driver is
based.

(b) the reduction is for the purposes of vocational training, and

(c)

there is compliance with the limits imposed by the Member
State’s national law on employment matters.

(1) OJ L 74, 20.3.1992, p. 1, as amended by Council Regulation (EC)

No 11/98 (OJ L 4, 8.1.1998, p. 1).

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Article 6

1.

The daily driving time shall not exceed nine hours.

A driver shall commence a new regular weekly rest
later than 13 consecutive periods of 24 hours

5.
period not
after the end of the previous regular weekly rest period.

However, the daily driving time may be extended to at most 10
hours not more than twice during the flexible week.

2.

The flexible week shall not exceed 144 hours.

6.
Daily and weekly rest periods may be taken in a vehicle,
as long as it has suitable sleeping facilities for each driver and
the vehicle is stationary.

3.

The weekly driving time shall not exceed 56 hours.

Article 9

The total accumulated driving time during any two

4.
consecutive flexible weeks shall not exceed 90 hours.

5.
Daily and weekly driving times shall include all driving
time on the territory of the Community or of a third country.

A driver of a vehicle within the scope of this Regulation
6.
who also drives between two daily rest periods or between a
daily and weekly rest period a vehicle coming within the
exemptions set out in Article 3 or derogations provided for
in Articles 13 and 14 shall record the total daily driving time.

Article 7

After at most three hours of driving a driver shall observe

1.
a break of at least 30 minutes unless he begins a rest.

However, this break may be observed after at most four-
2.
and-a-half hours of driving if the break is prolonged to at least
45 minutes unless the driver begins a rest.

Article 8

1.

A driver shall take daily and weekly rest periods.

2.
A driver shall complete a new daily rest period not later
than 24 hours after the end of the previous daily rest period or
weekly rest period.

If the portion of the daily rest period which is contained in the
24 hour period is at least 9 hours but less than 12 hours, then
the daily rest period in question shall be regarded as a reduced
daily rest period.

A driver may have at most

3.
periods during a flexible week.

three reduced daily rest

4.
By way of derogation from paragraph 2, within 30 hours
after the end of a daily rest period, a driver engaged in multi-
manning shall complete a new daily rest period.

By way of derogation from Article 8, where a driver
1.
accompanies a vehicle which is transported by ferry or train,
and takes a regular daily rest period, that period may be inter-
rupted not more than once by other activities not exceeding
one hour in total.

2.
During the regular daily rest period mentioned in
paragraph 1 the driver shall be able to have access to a
bunk or couchette.

CHAPTER III

LIABILITY OF THE UNDERTAKING

Article 10

1.
A transport undertaking shall not give drivers employed
or put at its disposal any payment, even in the form of a bonus
or wage supplement, related to distances travelled and/or the
amount of goods carried if that payment is of such a kind as to
endanger road safety.

2.
A transport undertaking shall organise the work of
drivers referred to in paragraph 1 in such a way that the
drivers are able to comply with Chapter II of this Regulation
and Council Regulation (EEC) No 3821/85. The transport
undertaking shall properly instruct
the driver and shall
therefore make regular checks to ensure that Chapter II of
this Regulation and of Regulation (EEC) No 3821/85 are
complied with.

3.
It shall be an infringement for a driver to breach the rules
set out in Chapter II in whole or in part on the territory of a
Member State.
It shall be an infringement to drive on the
territory of a Member State having breached those rules at
any time since the driver’s most recent weekly rest period,
even if the driver was not present on that Member State’s
territory at the time of that breach of the rules.

Transport undertakings established in a Member State
4.
shall be liable for
infringements referred to paragraph 3
committed by drivers for the benefit of those undertakings
even if the driver was not present on its territory at the time
of the infringement.

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A transport undertaking shall not be liable under

5.
paragraph 4 if it proves that (cid:151)

(a) the infringement was due to the fact that the driver had
failed to comply with the instructions given to him by that
transport undertaking; or

(b) it was not aware and could not reasonably become aware
that the driver had been employed or was at the disposal of
several employers and was thereby subject to several sets of
instructions which would cause him to breach the rules set
out in Chapter II.

6.
A driver who is employed or at the disposal of more than
one transport undertaking shall provide sufficient information
to each undertaking to enable them to comply with Chapter II.

CHAPTER IV

EXCEPTIONS

Article 11

A Member State may apply higher minimum breaks and rest
periods or lower maximum driving times than those laid down
in Articles 6 to 9 inclusive to carriage by road undertaken
wholly within its
registered in that
territory by vehicles
Member State.

Article 12

Provided that road safety is not thereby jeopardised and to
enable the vehicle to reach a suitable stopping place,
the
driver may depart from the provisions of Articles 6-9 to the
extent necessary to ensure the safety of persons, of the vehicle
or its load. The driver shall indicate the nature of the reason
for such departure from the provisions on the record sheet of
the recording equipment or in the duty roster.

Article 13

Provided the objectives set out

in Article 1 are not
1.
prejudiced, each Member State may grant exceptions on its
own territories or, with the agreement of the States concerned,
on the territory of another Member State from Articles 5-9
applicable to carriage by the following:

(a) vehicles owned or hired without a driver by public auth-
orities to undertake carriage by road which do not compete
with private transport undertakings;

(c) vehicles with a maximum permissible weight not exceeding
7 500 kg carrying material or equipment for the driver’s
use in the course of his work within a 50 kilometre radius
of the base of the undertaking, provided that driving the
vehicles does not constitute the driver’s main activity;

(d) vehicles operating exclusively on islands not exceeding
2 300 square kilometres in area which are not linked to
the rest of the national territory by a bridge, ford or tunnel
open for use by motor vehicles;

(e) vehicles used for the carriage of goods within a 50 km
radius of the base of the undertaking and propelled by
means of natural or
the
including the
maximum permissible weight of which,
weight of
exceed
7 500 kg;

liquefied gas or electricity,

semi-trailers, does not

trailers or

(f) vehicles used for driving instruction with a view to
they are not
the commercial carriage of goods or

obtaining a driving licence, provided that
being used for
passengers;

(g) vehicles

used

flood
protection, or water services, highway maintenance and
control, or refuse collection or disposal services;

in connection with

sewerage,

2. Member States shall
the
exceptions granted under paragraph 1 and the Commission
shall inform other Member States thereof.

inform the Commission of

Article 14

the objectives set out

in Article 1 are not
Provided that
prejudiced, Member States may, after authorisation by the
Commission,
application of
Articles 6-9 of this Regulation to transport operations carried
out in exceptional circumstances.

exceptions

from the

grant

In urgent cases they may grant a temporary exception for a
period not exceeding 30 days, which shall be notified
immediately to the Commission.

The Commission shall inform the other Member States of any
exception granted pursuant to this Article.

Article 15

(b) vehicles used by agriculture, horticulture, forestry, farming
or fishery undertakings for carrying goods within a 50
kilometre radius of the base of the undertaking;

Member States shall ensure that drivers of vehicles stipulated in
Article 3(1) shall be covered by national rules which provide
adequate protection in terms of driving times allowed and
breaks and rest periods imposed.

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CHAPTER V

CONTROL PROCEDURES AND PENALTIES

forward the report to the European
The Commission shall
Parliament and to the Council within 13 months of the end
of the two-year period concerned.

Article 16

1. Where no recording equipment has been fitted to the
vehicle in accordance with Regulation (EEC) No 3821/85, the
provisions set out in paragraphs 2 and 3 of this Article shall
apply until 31 December 2006 to:

Article 18

Member States shall adopt such measures as may be necessary
for the implementation of this Regulation.

(a) regular national passenger services, and

Article 19

(b) regular

international passenger

route
terminals are located within a distance of 50 km as the
crow flies from a frontier between two Member States and
whose route length does not exceed 100 km.

services whose

2.
A service timetable and a duty roster shall be drawn up
by the transport undertaking and shall show, in respect of each
driver, the name, place where he is based and the schedule laid
down in advance for various periods of driving, other work,
breaks and availability.

Each driver assigned to a service referred to in paragraph 1
shall carry an extract from the duty roster and a copy of the
service timetable.

3.

The duty roster shall

(a)

include all the particulars specified in paragraph 2 for a
minimum period covering the previous 28 days,

(b) be signed by the head of the transport undertaking or by a

person authorised to represent him, and

(c) be kept by the transport undertaking for one year after
expiry of the period covered by it. The transport under-
taking shall give an extract from the roster to the drivers
concerned upon request. The duty roster shall, at
the
request of an authorised inspecting officer, be produced
and handed over.

Member States shall lay down rules on penalties applicable to
infringements of the provisions of this Regulation and ensure
that they are implemented. Those penalties must be effective,
proportionate and dissuasive. These penalties may be civil,
administrative or criminal in nature.

The penalties shall include the possibility of impoundment of
the vehicle for serious infringements.

Article 20

1. Member States shall assist each other in applying this
Regulation and in checking compliance therewith.

They shall
undertaking concerned is established of any breach of
rules set out
territory,
most recent weekly rest period.

inform the Member State in which the transport
the
in Chapter II committed on or outside their
including any breach which occurred prior to the

Such information shall be provided within a reasonable time
period and shall
include information about any penalties
imposed.

The competent authorities of the Member States shall
information

available

another

send

one

all

2.
regularly
concerning:

(a) breaches of the rules set out in Chapter II committed by
non-residents and any penalties imposed for such breaches;

(b) penalties imposed by a Member State on its residents for

such breaches committed in other Member States.

Article 17

Article 21

Member States, using the standard form set out in Commission
Decision 93/173/EEC (1),
shall communicate the necessary
information to the Commission to enable it
to draw up
every two years a report on the application of this Regulation
and Regulation (EEC) No 3821/85 and developments in the
fields in question.

This information must reach the Commission not later than
30 September of the year following the end of the two-year
period concerned.

(1) OJ L 72, 25.3.1993, p. 33.

The Community shall enter into any negotiations with third
countries, which may prove necessary for the purpose of
implementing this Regulation.

Article 22

Committee procedures

1.
The Commission shall be assisted by the committee
referred to in Article 18(1) of Regulation (EEC) No 3821/85;
it shall be composed of representatives of the Member States
and chaired by a representative of the Commission.

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2. Where reference is made to this paragraph, the advisory
procedure laid down in Article 3 of Decision 1999/468/EC
shall apply, in compliance with Article 7 and Article 8 thereof.

Article 23

Implementing measures

shall communicate its decision to the European Parliament,
the Council and to the Member States.

3. Without prejudice to Article 226 of
the Treaty, any
Member State may refer the Commission’s decision to the
Council within a time limit of one month. The Council,
acting by a qualified majority, may in exceptional circum-
stances take a different decision within a period of two months.

1. Member States may bring any question concerning the
implementation of
the
Commission. Appropriate decisions
adopted in
accordance with the advisory procedure referred to in Article
22(2).

this Regulation to the attention of

shall be

At the request of a Member State or on its own initiative

2.
the Commission shall:

(a) examine cases where differences in the application and
enforcement of any of the provisions of the Regulation
arise;

(b) clarify the provisions of

the Regulation and ensure a

common approach;

CHAPTER VI

FINAL PROVISIONS

Article 24

Regulation (EEC) No 3820/85 is repealed.

Article 25

This Regulation shall enter into force on the twentieth day
following that of its publication in the Official Journal of the
European Communities.

It shall apply from January 2004.

(c)

in a specific case concerning driving times, breaks and rest
periods take a decision in accordance with the advisory
procedure referred to in Article 22(2). The Commission

This Regulation shall be binding in its entirety and directly
applicable in all Member States.

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Official Journal of the European Communities

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ANNEX

COMPARATIVE TABLE

Proposal for a regulation of the European Parliament and of the Council on the harmonisation of certain social
legislation relating to road transport

Council Regulation (EEC) No 3820/85

Article 1

In this Regulation:

Proposal

Article 4

For the purposes of this Regulation the following defi-
nitions will apply:

1.

(cid:145)carriage by road(cid:146) means any journey made on roads
open to the public of a vehicle, whether laden or not,
used for carriage of passengers or goods;

1.

(cid:145)carriage by road(cid:146) means any journey made on roads
[. . .] by a vehicle, whether laden or not, used for the
carriage of passengers or goods;

2.

(cid:145)vehicles(cid:146) means motor vehicles, tractors, trailers and
semi-trailers, defined as follows:

2.

(cid:145)vehicle(cid:146) means a motor vehicle, tractor, trailer or
semi-trailer, defined as follows:

(a)

(b)

(cid:145)motor vehicle(cid:146): any mechanically self propelled
vehicle circulating on the road, other
than a
vehicle running on rails, and normally used for
carrying passengers or goods;

(a) (cid:145)motor vehicle(cid:146): any mechanically self-propelled
vehicle circulating on the road, other than a
vehicle permanently
and
normally used for carrying passengers or goods;

running on rails,

(cid:145)tractor(cid:146): any mechanically self propelled vehicle
circulating on the road, other
than a vehicle
running on rails, and specially designed to pull,
push or move trailers, semi-trailers, implements or
machines;

(b) (cid:145)tractor(cid:146): any mechanically self-propelled vehicle
circulating on the road, other than a vehicle
permanently running on rails, and specially
designed to pull, push or move trailers, semi-
trailers, implements or machines;

(c)

(cid:145)trailer(cid:146): any vehicle designed to be coupled to a
motor vehicle or tractor;

(c) (cid:145)trailer(cid:146): any vehicle designed to be coupled to a

motor vehicle or tractor;

(d)

(cid:145)semi-trailer(cid:146): a trailer without a front axle coupled
in such a way that a substantial part of its weight
and of the weight of
its load is borne by the
tractor or motor vehicle;

(d) (cid:145)semi-trailer(cid:146): a trailer without a front axle
coupled in such a way that a substantial part of
its weight and of the weight of its load is borne
by the tractor or motor vehicle;

3.

(cid:145)driver(cid:146) means any person who drives the vehicle even
for a short period, or who is carried in the vehicle in
order to be available for driving if necessary;

3.

(cid:145)driver(cid:146) means any person who drives the vehicle
even for a short period, or who is carried in a
vehicle in order
to be available for driving if
necessary;

4.

(cid:145)week(cid:146) means the period between 00.00 hours on
Monday and 24.00 hours on Sunday;

Deleted

New

New

4.

(cid:145)break(cid:146) means any period during which a driver may
not carry out any other work.

5.

(cid:145)other work(cid:146) means any activity which is not rest, a
break or driving. Waiting time and time not devoted
to driving spent in a vehicle in motion, a ferry, or a
train shall also not be regarded as (cid:145)other work(cid:146).

4.

(cid:145)rest(cid:146) means any uninterrupted period of at least one
hour during which the driver may freely dispose of
his time;

6.

(cid:145)rest(cid:146) means any uninterrupted period [. . .] during
which the driver may freely dispose of his time.

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Council Regulation (EEC) No 3820/85

Proposal

New

New

New

New

New

7.

(cid:145)daily rest period(cid:146) means the daily period during
which the driver may freely dispose of his time
and covers a (cid:145)regular daily rest period(cid:146) or a
(cid:145)reduced daily rest period(cid:146).

(cid:145)regular daily rest period(cid:146) means any uninterrupted
period of rest of at least 12 hours.

(cid:145)reduced daily rest period(cid:146) means any uninterrupted
period of rest of at least 9 hours but less than 12
hours.

8.

(cid:145)weekly rest period(cid:146) means the weekly period during
which the driver may freely dispose of his time and
covers a (cid:145)regular weekly rest period(cid:146) or a (cid:145)reduced
weekly rest period(cid:146).

(cid:145)regular weekly rest period(cid:146) means any uninterrupted
period of rest of at least 45 hours.

(cid:145)reduced weekly rest period(cid:146) means any uninter-
rupted period of rest of at least 24 hours but less
then 45 hours, which is taken other than at the
place where the vehicle is normally based or where
the driver is based.

9. A (cid:145)flexible week(cid:146) means the period of time between
the end of one weekly rest period and the beginning
of the next weekly rest period.

10.

(cid:145)daily driving time(cid:146) means the total accumulated
driving time between any two consecutive daily
rest periods or between a daily rest period and a
weekly rest period.

11.

(cid:145)weekly driving time(cid:146) means the total accumulated
driving time during a week.

6.

(cid:145)permissible maximum weight(cid:146) means the maximum
authorised operating weight of the vehicle fully laden;

12.

(cid:145)permissible maximum weight(cid:146) means the maximum
authorised operating weight of
the vehicle fully
laden;

7.

(cid:145)regular passenger services(cid:146) means national and inter-
national services as defined in Article 1 of Council
Regulation 117/66/EEC of 28 July, 1966 on the intro-
duction of common rules for the international carriage
of passengers by coach and bus

13.

(cid:145)regular passenger services(cid:146) means national and inter-
national services as defined in Article 2 of Council
Regulation (EC) No 684/92.

New

New

14.

15.

(cid:145)multi-manning(cid:146) (cid:151) a driver is engaged in multi-
manning a vehicle if there is, during all periods of
driving between any two consecutive daily rest
periods, or between a daily rest period and a
weekly rest period, at least one other driver on the
vehicle.

(cid:145)transport undertaking(cid:146) means any natural person,
any legal person, whether profit-making or not,
any association or group of persons without legal
personality, whether profit-making or not, or any
official
own legal
personality or being dependent upon an authority
having
in
carriage by road.

such a personality, which engages

body, whether having

its

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Council Regulation (EEC) No 3820/85

Proposal

Article 2

Articles 1 & 2

New (reprise of first recital)

This Regulation lays down rules on driving time, breaks
and rest periods for drivers engaged in the carriage of
goods and passengers by road in order to harmonise the
conditions of competition between methods of
inland
transport, especially with regard to the road sector and
to improve working conditions and road safety.

This Regulation applies to carriage by road, as

1.
defined in Article 1 (1) within the Community

1.

This Regulation shall apply to carriage by road:

(a) of goods where the permissible maximum weight of
including any trailer, or semi-trailer,

the vehicles,
exceeds 3,5 tonnes, or

(b) of passengers by vehicles which are constructed or
permanently adapted for carrying more than nine
persons including the driver, and are intended for
that purpose.

It shall apply to vehicles registered in the Community
where the carriage by road is undertaken:

(a) entirely within the Community; or

(b) between the Community and a third country which
contracting party
to the European
is not
a
Agreement
concerning the Work of Crews of
Vehicles engaged in International Road Transport
(AETR) or passes through such a country.

The AETR shall apply where carriage by road is

2.
undertaken:

(a) by vehicles registered in any Member State or any
country which is a contracting party to the AETR,
for the whole of the journey where that journey is
between the Community and a country which is a
contracting party, or through such a country; or

(b) by vehicles registered in a third country which is not
a contracting party to the AETR, for the whole of the
journey made within the Community.

The European Agreement concerning the Work of
engaged in International Road
the present

2.
Crews of Vehicles
Transport
rules to international road transport operations:

(AETR) shall apply instead of

(cid:151) to and/or from third countries which are Contracting
parties to the Agreement, or in transit through such
countries, for the whole of the journey where such
operations are carried out by vehicles registered in
the Member State or
the said third
countries;

in one of

(cid:151) to and/or from a third country which is not a
Contracting Party to the Agreement in the case of
any journey made within the Community where such
operations are carried out by vehicles registered in
one of those countries.

Article 3

Article 21

The Community shall enter into any negotiations with
third countries which may prove necessary for
the
purpose of implementing this Regulation.

The Community shall enter into any negotiations with
third countries, which may prove necessary for
the
purpose of implementing this Regulation.

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Council Regulation (EEC) No 3820/85

Article 4

Proposal

Article 3

This Regulation shall not apply to carriage by:

Without prejudice to Article 6(6), this Regulation shall
not apply to carriage by:

1. vehicles used for carriage of goods where the
vehicles,
maximum permissible weight of
including any trailer or semi-trailer, does not exceed
3,5 tonnes;

the

Deleted (moved to Scope)

2. vehicles used for the carriage of passengers which, by
virtue of
their constructions and equipment, are
suitable for carrying not more than nine persons,
including the driver, and are intended for
that
purpose;

Deleted (Moved to Scope)

3. vehicles used for

the carriage of passengers on
regular services where the route covered by the
service in question does not exceed 50 kilometres;

1. vehicles used for the carriage of passengers on regular
services where the route covered by the service in
question does not exceed 50 kilometres;

4. vehicles with a maximum authorised speed not

2. vehicles with a maximum authorised speed not

exceeding 30 kilometres per hour;

exceeding 30 kilometres per hour;

5. vehicles used by or under control of

services,
responsible for maintaining public order;

civil defence,

fire

the armed
services, and forces

gas,

and electricity

6. vehicles used in connection with the sewerage, flood
protection, water,
services,
highway maintenance and control, refuse collection
and disposal,
services,
carriage of postal articles, radio and television broad-
casting and detection of radio or television trans-
mitters or receivers;

telegraph and telephone

3. vehicles owned or hired in without a driver by the
armed services, civil defence, fire services, and forces
responsible for maintaining public order;

Deleted (moved to national derogation)

7. vehicles used in emergencies or rescue operations;

4. vehicles used in emergencies or rescue operations;

8. specialised vehicles used for medical purposes;

5. specialised vehicles which are owned or hired in
without a driver by the State and used for medical
purposes;

9. vehicles transporting circus and fun-fair equipment;

6. specialised vehicles transporting circus and fun-fair

equipment;

10. specialised breakdown vehicles;

7. specialised breakdown vehicles operating within a

50 km radius of their base;

11. vehicles undergoing road tests for technical devel-
opment, repair or maintenance purposes, and new
or rebuilt vehicles which have not yet been put
into service;

8. vehicles undergoing road tests for technical devel-
opment, repair or maintenance purposes, and new
or rebuilt vehicles which have not yet been put into
service;

12. vehicles used for non-commercial carriage of goods

for personal use;

9. vehicles with a maximum permissible weight not
non-commercial

7 500 kg

used

for

exceeding
carriage of goods [. . .].

13. vehicles used for milk collection from farms and the
return to farms of milk containers or milk products
intended for animal feed.

Deleted

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Council Regulation (EEC) No 3820/85

Article 5

Proposal

Article 5

The minimum ages for drivers engaged in the

1.
carriage of goods shall be as follows:-

Deleted

(a) for vehicles, including, where appropriate trailers or
semi-trailers, having a permissible maximum weight
of not more that 7,5 tonnes, 18 years:

(b) for other vehicles:

(cid:151) 21 years or

(cid:151) 18 years provided that the person concerned holds
a certificate of professional competence recognised
by one of the Member States confirming that he
has completed a training course for drivers of
vehicles intended for the carriage of goods by
road,
in conformity with Community rules on
the minimum level of training for road transport
drivers.

Any driver engaged in the carriage of passengers

2.
shall have reached the age of 21 years.

Deleted

Any driver engaged in the carriage of passengers on
journeys beyond 50 kilometre radius from the place
where the vehicle is normally based must also fulfil
one of the following conditions:

(a) he must have worked for at least one year in the
carriage of goods as a driver of vehicles with a
permissible maximum weight exceeding 3,5 tonnes;

(b) he must have worked for at least one year as a driver
of vehicles used to provide passenger services on
journeys within a 50 kilometre radius from the
place where the vehicle is normally based, or other
types of passenger services not subject to this Regu-
lation, provided the competent authority considers
that he has by so doing acquired the necessary
experience;

(c) he must hold a certificate of professional competence
recognised by one of the Member States confirming
that he has completed a training course for drivers of
vehicles intended for the carriage of passengers by
road,
in conformity with Community rules on the
minimum level of training for road transport drivers.

The minimum age

3.
conductors shall be 18 years.

for

drivers’ mates

and

1.
years.

The minimum age for [. . .] conductors shall be 18

4.
A driver engaged in the carriage of passengers shall
not be subject to the conditions laid down in paragraph
2, second subparagraph, (a), (b) and (c) if he has carried
on that occupation for at
to
1 October 1970.

least one year prior

Deleted

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Council Regulation (EEC) No 3820/85

Proposal

5.
In the case of internal transport operations carried
out within a 50 kilometre radius of the place where the
vehicle is based, including local administrative areas the
centres of which are situated within that radius, Member
States may reduce the minimum age for drivers’ mates to
16 years, on condition that this is for purposes of voca-
tional training and subject to the limits imposed by their
national law on employment matters.

2.
The minimum age for driver’s mates shall be 18
the
years. However, Member
minimum age for drivers’ mates to 16 years provided that

States may

reduce

(a) the carriage by road is carried out within one
Member State within a 50 kilometre radius of the
including local
place where the vehicle is based,
administrative
centres of which are
the
areas
situated within that radius,

(b) the reduction is
training, and

for

the purposes of vocational

(c) there is compliance with the limits imposed by the
Member State’s national law on employment matters.

Article 6

Article 6

1.
The driving period between any two daily rest
periods or between a daily rest period and a weekly
rest period, hereinafter called (cid:145)daily driving period(cid:146), shall
not exceed nine hours. It may be extended twice in any
week to 10 hours.

1.

The daily driving time shall not exceed nine hours.

However, the daily driving time may be extended to at
most 10 hours not more than twice during the flexible
week.

A driver must, after no more than six daily driving
periods, take a weekly rest period as defined in Article
8.3.

Deleted

The weekly rest period may be postponed until the end
of the sixth day if the total driving time over the six days
does not exceed the maximum corresponding to six daily
driving periods.

2.

3.

The flexible week shall not exceed 144 hours.

The weekly driving time shall not exceed 56 hours.

In the case of the international carriage of passengers,
other than regular services, the terms (cid:145)six(cid:146) and (cid:145)sixth(cid:146) in
the second and the third subparagraphs shall be replaced
by (cid:145)twelve(cid:146) and (cid:145)twelfth(cid:146) respectively.

Deleted

the
Member States may extend the application of
previous subparagraphs to national passenger services
within their territory, other than regular services.

Deleted

The total period of driving in any one fortnight

2.
shall not exceed 90 hours.

The total accumulated driving time during any two

4.
consecutive flexible weeks shall not exceed 90 hours.

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Council Regulation (EEC) No 3820/85

Proposal

New

New

New

Daily and weekly driving times shall

5.
include all
driving time on the territory of the Community or of a
third country.

A driver of a vehicle within the scope of this Regu-
6.
lation who also drives between two daily rest periods or
between a daily and weekly rest period a vehicle coming
within the exemptions set out in Article 3 or derogations
provided for in Articles 13 and 14 shall record the total
daily driving time.

Article 7

Article 7

1.
After at most 3 hours of driving a driver shall
observe a driving break of 30 minutes, unless he
begins a rest.

1.
After four-and-a-half hours driving, the driver shall
observe a break of at least 45 minutes, unless he begins a
rest period.

2.
However, this break may be observed after at most
four-and-a-half hours of driving if the break is prolonged
to at least 45 minutes unless the driver begins a rest.

This break may be replaced by breaks of at least 15
2.
minutes each distributed over the driving period or
immediately after
this period in such a way as to
comply with the provisions of paragraph 1.

Deleted

Deleted

3.
By the way of exception from paragraph 1, in the
case of national carriage of passengers on regular services
Member States may fix the minimum break at not 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 30 minutes could
hamper the flow of urban traffic and where it is not
possible for drivers to take a 15-minute break within
to a
the
30-minute break.

four-and-a-half hours of

driving prior

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 (cid:145)other work(cid:146).

Deleted

The breaks observed under this Article may not be

5.
regarded as daily rest periods.

Deleted

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Proposal

Article 8

Article 8

1.
In each period of 24 hours, the driver shall have a
daily rest period of at least 11 consecutive hours, which
may be reduced to a minimum of nine consecutive hours
not more than three times a week, on condition that an
equivalent period of rest be granted as compensation
before the end of the following week.

1.

A driver shall take daily and weekly rest periods.

2.
A driver shall complete a new daily rest period not
later then 24 hours after the end of the previous daily
rest period or weekly rest period.

On days when the rest is not reduced in accordance with
the first subparagraph, it may be taken in two or three
separate periods during the 24-hour period, one of which
must be of at least eight consecutive hours. In this case
the minimum length of the rest shall be increased to 12
hours.

If the portion of the daily rest period which is contained
in the 24 hour period is at least 9 hours but less than 12
hours, then the daily rest period in question shall be
regarded as a reduced daily rest period.

A driver may have at most three reduced daily rest

3.
periods during a flexible week.

2.
During each period of 30 hours when a vehicle is
manned by at least two drivers, each driver shall have a
rest period of not less than eight consecutive hours.

4.
By way of derogation from paragraph 2, within
each period of 30 hours after the end of a daily rest
period,
shall
complete a new daily rest period.

engaged in multi-manning

a driver

3.
In course of each week, one of the rest periods
referred to in paragraph 1 and 2 shall be extended, by
way of weekly rest, to a total of 45 consecutive hours.
The rest period may be reduced to a minimum of 36
consecutive hours if taken at the place where vehicle is
normally based or to a minimum of 24 hours if taken
elsewhere. Each reduction shall be taken en bloc before
the end of the third week following the week in question.

5.
The driver shall commence a new regular weekly
rest period not later than 13 consecutive periods of 24
hours after the end of his previous regular weekly rest
period.

A weekly rest period which begins in one week and
4.
continues into the following week may be attached to
either of these weeks.

Deleted

fourth and fifth paragraphs, applies,

In the case of carriage of passengers to which
5.
Article 6.1.
the
weekly rest period may be postponed until the week
in respect of which the rest due and
following that
added on to that second week.

Deleted

6.
Any rest taken as a compensation for the reduction
of the daily and/or weekly rest periods must be attached
to another rest of at
least eight hours and shall be
granted, at the request of the person concerned, at the
vehicle’s parking place or driver’s base.

Deleted

The daily rest period may be taken in a vehicle, as

7.
long as it is fitted with a bunk and is stationary

6.
Daily and weekly rest periods may be taken in a
vehicle, as long as it has suitable sleeping facilities for
each driver and the vehicle is stationary.

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Council Regulation (EEC) No 3820/85

Article 9

Proposal

Article 9

Notwithstanding Article 8(1), where a driver engaged in
the carriage of goods or passengers accompanies a
vehicle which is transported by ferryboat or train, the
daily rest period may be interrupted not more than
once, provided that the following conditions are fulfilled:

1.
By way of derogation from Article 8, where a driver
accompanies a vehicle which is transported by ferry or
train, and takes a regular daily rest period, that period
may be interrupted not more than once by other
activities not exceeding one hour in total.

(cid:151) that part of the daily rest period spent on the land
must be able to be taken before or after the portion
of the daily rest period taken on board the ferryboat
or the train,

Deleted

(cid:151) the period between the two portions of the daily rest
period must be as short as possible and may on no
account exceed one hour before the embarkation or
being
after
custom formalities
included in the
embarkation or disembarkation
operations,

disembarkation,

Deleted

(cid:151) during both portions of the rest period the driver
must be able to have access to a bunk or couchette.

2.
During the regular daily rest period mentioned in
paragraph 1 the driver shall be able to have access to a
bunk or couchette.

(cid:151) The daily rest period, interrupted in this way, shall be

Deleted

increased by two hours.

Prohibition of certain types of payment

Liability of the undertaking

Article 10

Article 10

Payments to wage-earning drivers, even in the form of
bonuses or wages
related to distances
supplements,
travelled and/or the amount of goods carried shall be
prohibited, unless these payments are of such a kind as
not to endanger road safety.

1.
A transport undertaking shall not give drivers
employed or put at its disposal any payment, even in
the form of a bonus or wage supplement, related to
distances travelled and/or the amount of goods carried
if that payment is of such a kind as to endanger road
safety.

New

Inclusion of former Article 15

New

2.
A transport undertaking shall organise the work of
drivers referred to in paragraph 1 in such a way that the
drivers are able to comply with Chapter II of this Regu-
lation and Council Regulation (EEC) No 3821/85. The
transport undertaking shall properly instruct the driver
and shall therefore make regular checks to ensure that
Chapter II of this Regulation and of Regulation (EEC)
No 3821/85 are complied with.

3.
It shall be an infringement for a driver to breach
the rules set out in Chapter II in whole or in part on the
territory of Member State. It shall be an infringement to
drive on the territory of a Member State having breached
those rules at any time since the driver’s most recent
weekly rest period, even if the driver was not present
on that Member State’s territory at
that
breach of the rules.

the time of

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Proposal

New

New

New

4.
Transport undertakings established in a Member
State are liable for infringements referred to paragraph
3 committed by drivers for the benefit of those under-
takings even if the driver was not present on its territory
at the time of the infringement.

The transport undertaking referred to in paragraph

5.
4 above shall not be liable if it proves that

(a) the infringement was due to the fact that the driver
had failed to comply with the instructions given to
him by that transport undertaking; or

(b) it was not aware and could not reasonably become
aware that the driver had been employed or was at
the disposal of several employers and was thereby
subject to several sets of instructions which would
cause him to breach the rules set out in Chapter II.

6.
A driver who is employed or at the disposal of
more than one transport undertaking shall provide
sufficient
information to each undertaking to enable
them to comply with Chapter II.

Article 11

Article 11

Each Member may apply higher minima or
lower
maxima than those laid down in Articles 5 to 8 inclusive.
Nevertheless,
this Regulation shall
remain applicable to drivers engaged in international
transport operations on vehicles registered in another
Member State.

the provisions of

A Member State may apply higher minimum breaks and
rest periods or lower maximum driving times than those
laid down in Articles 6 to 9 inclusive to carriage by road
undertaken wholly within its
territory by vehicles
registered in that Member State.

Article 12

Article 12

Provided that road safety is not thereby jeopardised and
to enable him to reach a suitable stopping place, the
driver may depart from the provisions of this Regulation
to the extent necessary to ensure the safety of persons, of
the vehicle or its load. The driver shall indicate the nature
of the reason for his departure from the provisions on
the record sheet of the recording equipment or in his
duty roster.

Provided that road safety is not thereby jeopardised and
to enable him to reach a suitable stopping place, the
driver may depart from the provisions of Articles 6-9
to the extent necessary to ensure the safety of persons,
of the vehicle or its load. The driver shall indicate the
such departure from the
nature of
provisions on the
recording
the
equipment or in the duty roster.

record sheet of

the reason for

Article 13

Article 13

Each Member State may grant exceptions on its
1.
own territories or, with the agreement of
the States
concerned, on the territory of another Member State
from any provision of
regulation applicable to
this
carriage by means of a vehicle belonging to one or
more of the following categories:

Provided the objectives set out in Article 1 are not
1.
prejudiced each Member State may grant exceptions on
its own territories or, with the agreement of the States
concerned, on the territory of another Member State
from Articles 5 to 9 applicable to carriage by the
following:

(a) vehicles used for carrying passengers, which by virtue
of their construction and equipment are suitable for
carrying not more than 17 persons,
including the
driver, and are intended for that purpose;

Deleted

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Proposal

(b) vehicles used by public authorities to provide public
services are not in competition with professional road
hauliers;

(a) vehicles owned or hired in without a driver by public
authorities to undertake carriage by road which does
not compete with private transport undertakings;

(c) vehicles used by agriculture, horticulture, forestry or
fishery undertakings for carrying goods within a 50
kilometre radius of the place where the vehicles is
normally based, including local administrative areas
the centres of which are situated within that radius;

(b) vehicles used by agriculture, horticulture,

forestry,
farming or fishery undertakings for carrying goods
within a 50 kilometre radius of
the
undertaking;

the base of

(d) vehicles used for carrying animal waste or carcasses
which are not intended for human consumption

Deleted

(e) vehicles used for carrying live animals from farms to
local markets and vice versa or from markets to the
local slaughterhouses;

Deleted

(f) vehicles used as shops at local markets of for door to
door selling, or used for mobile banking, exchange or
saving transactions, for worship, for the lending of
books,
for cultural events or
exhibitions, and specially fitted for such uses;

records, cassettes,

Deleted

for

(g) vehicles carrying material or equipment

the
driver’s use in the course of his work within a 50
kilometre radius of the place where the vehicle is
normally based, provided that driving the vehicles
does not constitute the driver’s main activity and
that the exception does not seriously prejudice the
objectives of the Regulation. The Member States may
make such exceptions subject to individual author-
isation;

(c) vehicles with the maximum permissible weight not
exceeding 7 500 kg carrying material or equipment
for the driver’s use in the course of his work within a
50 kilometre radius of the base of the undertaking,
provided that driving the vehicles does not constitute
the driver’s main activity.

(h) vehicles

operating

not
exclusively
exceeding 2 300 square kilometres in area which
are not linked to the rest of the national territory
by a bridge, ford or tunnel open for use by motor
vehicles;

islands

on

(d) vehicles

operating

not
exclusively
exceeding 2 300 square kilometres in area which
are not linked to the rest of the national territory
by a bridge, ford or tunnel open for use by motor
vehicles;

islands

on

(i) vehicles used for the carriage of goods and propelled
by means of gas produced on the vehicle or of elec-
tricity or equipped with a governor in so far as such
vehicles are regarded, under the legislation of the
Member State of
to
registration,
vehicles propelled by a petrol or diesel engine, the
maximum permissible weight of which, including the
weight of trailers or semi-trailers, does not exceed 3,5
tonnes;

equivalent

as

(e) vehicles used for the carriage of goods within a
50 km radius of the base of the transport under-
taking and propelled by means of natural or
electricity, whose maximum
or
liquefied
permissible weight,
including the weight of trailers
or semi-trailers, does not exceed 7 500 kg;

gas

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Proposal

(j) vehicles used for driving instruction with a view to

obtaining a driving licence;

(f) vehicles used for driving instruction with a view to
obtaining a driving licence provided that they are not
being used for the commercial carriage of goods or
passengers;

(k)

tractors used exclusively for agricultural and forestry
work.

Deleted

From Article 4

(g) vehicles used in connection with the sewerage, flood
protection or water services, highway maintenance
and control, or refuse collection or disposal services;

Member States shall
exceptions granted under this paragraph.

inform the Commission of

the

2. Member States may, after authorisation by the
Commission, grant exceptions from the application of
the provisions of this Regulation to transport operations
carried out
such
exception does not seriously jeopardise the objectives of
the Regulation.

in exceptional

circumstances,

if

In urgent cases they may grant a temporary exception for
a period not exceeding 30 days, which shall be notified
immediately to the Commission.

The Commissions shall notify the other Member States of
any exception granted pursuant to this Regulation.

New

2. Member States shall inform the Commission of the
the
exceptions
Commission shall inform other Member States thereof.

paragraph

1 and

granted

under

Article 14

Provided that the objectives set out in Article 1 are not
prejudiced, Member States may, after authorisation by the
Commission, grant exceptions from the application of
Articles 6-9 of this Regulation to transport operations
carried out in exceptional circumstances.

In urgent cases they may grant a temporary exception for
a period not exceeding 30 days, which shall be notified
immediately to the Commission.

The Commission shall inform the other Member States of
any exception granted pursuant to this Article.

Article 15

Member States
shall ensure that drivers of vehicles
stipulated in Article 3(1) shall be covered by national
rules which provide adequate protection in terms of
driving times allowed and breaks and rest periods
imposed.

Article 14

Article 16

1.

In the case of

(cid:151) regular national passenger services, and

(cid:151) regular international passenger services whose route
terminals are located within a distance of 50 kilo-
metres as the crow flies from a frontier between
two Member States and whose route length does
not exceed 100 kilometres, which are subject to this
Regulation, a service timetable and a duty roster shall
be drawn up by the undertaking.

1. Where no recording equipment has been fitted to
the vehicle in accordance with Regulation (EEC) 3821/85,
the provisions set out in paragraphs 2 and 3 of this
Article shall apply until 31 December 2006 to:

(a) regular national passenger services, and

(b) regular international passenger services whose route
terminals are located within a distance of 50 km as
the crow flies from a frontier between two Member
States and whose route length does not exceed
100 km.

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Proposal

The duty roster shall show,

2.
in respect of each
driver, the name, place where based and the schedule
laid down in advance for various periods of driving,
other work and availability.

2.
A service timetable and a duty roster shall be
drawn up by the transport undertaking and shall show,
in respect of each driver, the name, place where he is
based and the schedule laid down in advance for various
periods of driving, other work, breaks and availability.

3.
The duty roster shall
specified in paragraph 2 for
covering both the
immediately preceding and following that week.

the particulars
a minimum period
current week and the weeks

include all

Each driver assigned to a service referred to in paragraph
1 shall carry an extract from the duty roster and a copy
of the service timetable.

3.

The duty roster shall

(a)

include all the particulars specified in paragraph 2 for
a minimum period covering the previous 28 days,

(b) be signed by the head of the transport undertaking or

by a person authorised to represent him, and

(c) be kept by the transport undertaking for one year
the period covered by it. The
after expiry of
transport undertaking shall give an extract from the
roster to the drivers concerned upon request. The
duty roster shall, at
the request of an authorised
inspecting officer, be produced and handed over.

4.
The duty roster shall be signed by the head of the
undertaking or by a person authorised to represent him.

See paragraph 3(b)

5.
Each driver assigned to a service referred to in
paragraph 1 shall carry an extract from the duty roster
and a copy of the service timetable.

See paragraph 2

The duty roster shall be kept by the undertaking for
6.
one year after expiry of the period covered. The under-
taking shall give an extract from the roster to the drivers
concerned on request.

See paragraph 3(c)

7.
This Article shall not apply to the drivers of vehicles
fitted with recording equipment used in accordance with
the provisions of Council Regulation (EEC) No 3821/85
of 20 December 1985 on recording equipment in road
transport.

Moved to paragraph 1 above.

Article 15

Article deleted

The transport undertaking shall organise drivers’
1.
work in such a way that drivers are able to comply
with the relevant provisions of this Regulation and of
Regulation (EEC) No 3821/85.

Moved to Article 10

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Proposal

the provisions of

The undertaking shall make periodic checks to
2.
ensure that
these two Regulations
have been complied with. If breaches are found to have
occurred, the undertaking shall take appropriate steps to
prevent their repetition.

Moved to Article 10

Article 16

Article 17

1.
The Commission shall produce a report every
two-years of the implementation of this Regulation by
Member States and developments
in
question. The Commission shall forward the report to
the Councils and the European Parliament within 13
months of the expiry of the two-year period covered
by the report.

in the

fields

To enable the Commission to draw up the report
2.
shall
referred to in paragraph 1, Member States
the
to
communicate
Commission every two years, using the standard form.
This information must reach the Commission not later
than 30 September following the date on which the
two-year period covered by the report expires.

information

necessary

the

Member States, using the standard form set out
in
Commission Decision 93/173/EEC (1), shall communicate
the necessary information to the Commission to enable it
to draw up every two years a report on the application of
this Regulation and Regulation (EEC) 3821/85 and devel-
opments in the fields in question.

This information must reach the Commission not later
than 30 September of the year following the end of the
two-year period concerned.

The Commission shall
to the
European Parliament and to the Council within 13
months of the end of the two-year period concerned.

forward the

report

See paragraph 1, first and third indents.

The Commission shall draw up the standard form

3.
consulting the Member States.

See paragraph 1, first indent

Article 17

Article 18

shall,

1. Member States
and after
consulting the Commission, adopt such laws, regulations
or administrative provisions as may be necessary for the
implementation of this Regulation.

in due

time

Such measures shall cover, inter alia, the organisation of,
procedure for and means of control and the penalties to
be imposed in case of breach.

1. Member States shall adopt such measures as may be
necessary for the implementation of this Regulation.

Article 19

shall

lay down rules on penalties
Member States
the provisions of
this
applicable to infringements of
Regulation and ensure that
they are implemented.
Those penalties must be effective, proportionate and
dissuasive. These penalties may be civil, administrative
or criminal in nature.

penalties

The
of
include
impoundment of the vehicle for serious infringements.

possibility

shall

the

2. Member States shall assist each other in applying
this Regulation and in checking compliance therewith.

Article 20

1. Member States shall assist each other in applying
this Regulation and in checking compliance therewith.
They shall
inform the Member State in which the
transport undertaking concerned is established of any
breach of the rules set out in Chapter II of this Regu-
lation committed on or outside their territory, including
any breach which occurred prior to the most recent
weekly rest period. Such information shall be provided
within a reasonable time period and shall
include
information about any penalties imposed.
___________
(1) OJ L 72, 25.3.1993, p. 33.

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Proposal

3. Within the framework of this mutual assistance the
shall
competent
regularly send one another all available information
concerning:

the Member States

authorities of

(cid:151) breaches

of

by
non-residents and any penalties imposed for such
breaches.

committed

Regulation

this

2.
The competent authorities of the Member States
shall regularly send one another all available information
concerning:

(a) breaches of the rules set out in Chapter II committed
by non-residents and any penalties imposed for such
breaches.

(cid:151) penalties imposed by a Member State on its residents
for such breaches committed in other Member States.

(b) penalties imposed by a Member State on its residents
for such breaches committed in other Member States.

New

New

Article 22

Committee procedures

1.
The Commission shall be assisted by the committee
referred to in Article 18(1) of Regulation (EEC) No
3821/85; it shall be composed of representatives of the
Member States and chaired by a representative of the
Commission.

the
2. Where reference is made to this paragraph,
advisory procedure laid down in Article 3 of Decision
1999/468/EC shall apply, in compliance with Article 7
and Article 8 thereof.

Article 23

1. Member States may bring any question concerning
the implementation of this Regulation to the attention of
the Commission. Appropriate decisions shall be adopted
in accordance with the advisory procedure referred to in
Article 22(2).

At the request of a Member State or on its own

2.
initiative the Commission may

(cid:151) examine cases where differences in the application
the

the provisions of

and enforcement of any of
Regulation arise;

(cid:151) clarify the provisions of the Regulation and ensure a

common approach;

(cid:151) in a specific case concerning driving times, breaks
and rest periods take a decision in accordance with
the advisory procedure referred to in Article 22(2).
The Commission shall communicate its decision to
the European Parliament,
the Council and to the
Member States.

3. Without prejudice to Article 226 of the Treaty, any
Member State may refer the Commission’s decision to the
Council within a time limit of one month. The Council,
acting by a qualified majority, may in exceptional circum-
stances take a different decision within a period of two
months.

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Article 18

Proposal

Article 24

Regulation (EEC) No 543/69 is hereby repealed.

1.
However . . .

Regulation (EEC) No 3820/85 is repealed.

References

2.
to the Regulation repealed under
paragraph 1 shall be construed as references to this Regu-
lation.

Deleted

Article 19

Article 25

This Regulation shall enter into force on 29 September
1986.

This Regulation shall enter into force on the twentieth
day following that of its publication in the Official Journal
of the European Communities. It shall apply from January
2004.

This Regulation shall be binding in its entirety and
directly applicable in all Member States.