Amended proposal for a Regulation of the European Parliament and of the Council on the harmonisation of certain social legislation relating to road transport and amending Council Regulation (EEC) 3821/85 on recording equipment in road transport (presented by the Commission pursuant to Article 250 (2) of the EC-Treaty)
Date: 2003-08-11
Institutions: European Commission
Subjects: AETR agreement, approximation of laws, driving period, road safety, road transport, speed control, traffic control

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 11.8.2003
COM(2003) 490 final

2001/0241 (COD)

Amended proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on the harmonisation of certain social legislation relating to road transport and
amending Council Regulation (EEC) 3821/85 on recording equipment in road transport

(presented by the Commission pursuant to Article 250 (2)
of the EC-Treaty)

EXPLANATORY MEMORANDUM

A. Principles

1. 

2. 

3. 

4. 

5. 

On  12  October  2001  the  Commission  submitted  to  the  Council  a  proposal  for  a
Regulation  on  the  harmonisation  of  certain  social  legislation  relating  to  road
transport. (COM(2001) 573 final – 2001/0241(COD))1

On 29 May 2002 the Economic and Social Committee adopted a favourable opinion.

On 14 January 2003 the European Parliament delivered its opinion in first reading on
the  Commission’s  proposal.  The  Parliament  adopted  69  amendments  of  which  the
Commission  agreed  to  accept  22  in  full,  9  with  redrafting,  8  in  principle  and  8  in
part. This position is reflected in the changes made to the amended proposal.

A  number  of  amendments  (10,  11,  60,  63  and  70(a-d))  which  were  accepted  in
principle  seek  to  strengthen  enforcement  of  this  legislation’s  provisions.  The
Commission will take them up in a separate proposal to revise Directive 88/599/EEC
on standard checking procedures2. Other amendments (62, 70(e) and 9 in part) relate
to the provisions of Regulation (EEC) 3821/853 as amended and will be incorporated
into that Regulation via this Regulation.

The  Commission  is  also  taking  the  opportunity  in  amending  its  proposal  to  make
some further modifications, firstly to render the incorporation of some parliamentary
amendments coherent with other parts of the proposal, particularly in respect of the
re-integration  of  the  calendar  week  system,  and  secondly,  to  clarify  further  certain
elements in its original proposal, especially in the light of discussions to date in the
Council.

B. Explanation of Amendments

Out of the 69 amendments adopted by the European Parliament, the Commission has accepted
47. They have been incorporated as follows:

I

Amendments accepted

Recitals

6. 

7. 

1

2

3

4

Recital  3,  which  sets  out  the  problem  areas  encountered  in  the  current  Regulation,
has  been  expanded 
the  Regulation
(Amendment 2).

include  difficulties 

in  monitoring 

to 

Recitals 9, 10 and 11 deal with the AETR4 agreement. The Commission has accepted
the  rewording  of  the  text  in  Recital  9,  and  the  requirement  in  Recital  11  that  any
incoherence  between  Community  rules  and  the  AETR  be  swiftly  addressed.
(Amendments 3 and 4)

OJ C 51, 26.2.2002, p. 234.
OJ L 325, 29.11.1988, p. 55.
OJ L 370, 31.12.1985, p. 8.
European Agreement concerning the Work of Crews of Vehicles engaged in International Road Transport
(AETR) of 1 July 1970

2

                                                
8. 

9. 

Recital  13  now  includes  the  explicit  aim  for  the  Member  State  enforcement
authorities meeting in standing committee to reach a common understanding of how
to implement the Regulation (Amendment 5)

Recital  17  amplifies  the  need  for  roadside  enforcement  to  ensure  that  the  rules  are
kept by those vehicles from outside the Member State (Amendment 7)

Article 1

10. 

Article 1 now reflects the fact that the Regulation’s objectives include the promotion
of  improved  monitoring  and  enforcement  practice  as  well  as  improved  working
practices  within  the  industry. (Amendment 12)  Examples  of  the  former  include  the
introduction  of  extraterritoriality  in  roadside  enforcement  and  of  the  latter  the
compulsory  introduction  of  tachographs  within  national  regular  passenger  transport
sector.

Article 2

11. 

12. 

Article  2(1)  now  widens  the  scope  of  application  to  include  international  point  to
point  delivery  services,  where  the  permissible  maximum  weight  of  the  vehicle
exceeds  2.8  tonnes  (Amendment  14).  Local  or  regional  courier  or  express  delivery
services were considered an area best regulated at national level in accordance with
the  principle  of  subsidiarity.  However  for  long  distance  international  delivery
services,  the  Commission  could  accept  a  modest  extension  of  the  scope  of  the
Regulation  on  road  safety  grounds.  Moreover  it  is  noted  that  already  one  Member
State already applies this lower weight criterion on a general basis (Germany).

Article 2(2) now states that for vehicles registered in a non-AETR third country, the
Regulation’s provisions shall apply. The need to ensure no distortion of competition
within  the  Union  is  pre-eminent  and  should  be  reflected  in  the  provisions  of  the
Regulation (Amendments 15 and 16).The AETR agreement’s rules are now limited
to vehicles registered in those third countries party to the agreement which enter the
Union.

Article 3

13. 

14. 

15. 

The exemption for vehicles used for civil, armed and fire services has been clarified
still  further  by  limiting  it  to  those  activities  which  are  strictly  for  the  purpose
concerned and to ensure that there is control over their use. (Amendment 18).

The proposed radius within which the exemption for breakdown vehicles can operate
has  been  extended  from  50km  to  100km  (Amendment  21).  This  appears  to  be  a
compromise that is acceptable to the industry while  dealing  with the issue of long-
distance breakdown operations.

A new exemption for  historic  commercial vehicles  is  inserted  to  clarify  the  current
application  of  exemptions  to  this  area.  While  the  former  general  exemption  under
Art.  4(12)  might  exempt  goods  vehicles,  individual  Member  States  have  been
obliged  to  apply  for  a  national  derogation  under  Art.  13(2)  for  vintage  passenger
vehicles. This anomaly is now clarified (Amendment 17).

3

Article 4

16. 

17. 

18. 

19. 

20. 

21. 

22. 

In Art.4(1), the Commission has accepted Amendment 25 in part, by excluding those
journeys  made  entirely  on  site.  For  those  that  either  start  or  finish  on  site  but
otherwise use a public road, however, the Commission maintains the view that these
vehicles should come within the ambit of the Regulation.

In  Art.4(2),  the  Commission  accepts  that  there  is  no  justification  to  restrict  the
definition  to  mechanically  self-propelled  vehicles  and  so  has  deleted  this  phrase
(Amendment  26).  Should  a  Member  State  wish  to  promote  the  use  of  alternative
energy-based  vehicles,  a  distance-and  weight-limited  national  derogation  exists  in
the proposed Article 13(e).

In  Art.4(3),  the  Commission  accepts  that  the  definition  of  a  driver  should  be
restricted to a person carried in the same vehicle (Amendment 28). The enforcement
issue of drivers switching vehicles in a convoy, or driving out to take over a lorry on
route would not be resolved or easily checked by maintaining the proposed definition
of carriage in any vehicle. The Commission does not however consider that intention
to drive should have to be proven, and will retain the original phraseology.

The  Commission  has  decided  to  accept  the  argument  put  forward  both  by  the
Parliament  and  by  a  majority  of  Member  States  in  Council  discussions  for  the
inclusion  of  a  definition  of  driving  time  (Amendment  29)  in  a  new  paragraph,
Art. 4(4). The activity of driving to a location to take up a vehicle is not included, as
the Skills court case5 considered this activity as ‘other work’.

The definition of ‘break’ in Art. 4(5) has been extended to clarify its primary purpose
of recuperation (Amendment 30).

The  definition  of  the  regular  daily  rest  period  in  renumbered  Art.  4(8)  has  been
revised to re-introduce the possibility of a limited split daily  rest. (Amendments  31
and  42)  The  reintroduction  of  this  flexibility  should  not  lead  to  difficulties  in
enforcement.

The  definition  of  a  weekly  rest  period  in  renumbered  Art.4(9)  is  modified  to
correspond  to  the  re-introduction  of  a  fixed  calendar  week  basis  for  calculations
where  a weekly rest period can straddle two calendar  weeks  (Amendment  32). The
Commission has decided in view of representations from the industry and in order to
assure no regression in working conditions for drivers to reintroduce the possibility
of a reduction to 36 consecutive hours at base or in the driver’s home town and of 24
hours away from base with compensation (Amendment 78 in part). However in order
to  ensure  that  enforcement  is  facilitated  and  that  sufficient  account  is  taken  of
accumulated  fatigue,  compensation  is  to  be  taken  en  bloc  by  the  end  of  the  week
following  that  in  which  the  reduced  weekly  rest  commenced.  (see  renumbered  Art
8(8) and Amendment 45).

5

Case 297/99 Skills Motor Coaches Ltd., 18.01.2001

4

                                                
23. 

24. 

The system of calculating driving times and rest periods returns to a calendar week
basis  to  facilitate  coherence  with  the  working  time  Directive  2002/15/EC6.
(Amendments  1  and  37).  References  to  the  flexible  week  have  been  therefore
deleted.

the  definition  of  multi-manning 

the
As  regards 
Commission has accepted that in practice there may be occasions where the second
driver is picked up shortly after the journey is started  and is prepared  to  accept the
flexibility inherent in Amendment 34. As this only relates to a short time at the start
of the journey, there should be no difficulty in enforcement.

in  renumbered  Art.4(15), 

Article 8

25. 

26. 

Amendments 41 and 43 are accepted to clarify the text of paragraphs 2(1) and 4. The
Commission  also  takes  on  board  amendments  44  and  45  in  paragraphs  7  and  8,
which  reintroduce  respectively  a  provision  to  take  account  of  the  calendar  week
system and compensation for weekly rest. (see commentary in paragraphs 17 and 18
above). Recital 15 has been amended accordingly.

Amendment 107 excludes the possibility  in  renumbered  Art.  8(6)  of  taking  weekly
rest in a stationary vehicle. The Commission has accepted this in part by adopting the
compromise  solution  of  proposing  that  only  reduced  weekly  rest  taken  away  from
base  could  be  spent  in  the  vehicle.  It  is  primarily  during  this  shorter  period  away
from base that drivers might need to exercise this option  and vehicle  design in this
respect has improved considerably over the past 17 years.

Article 9

27. 

The Commission is prepared to accept that  for  practical  reasons  and  in  the  specific
situations outlined in this Article only, a maximum of two interruptions in a regular
daily rest period could be permitted (Amendment 47).

Article 10

28. 

In  renumbered  paragraph  7,  the  Commission  has  accepted  the  principle  in
Amendment  48  subject  to  redrafting,  that  those  who  impose  impossible  schedules
upon  drivers  causing  them  to  infringe  the  provisions  of  this  Regulation  as  well  as
those  who accept such  schedules  should  also  bear  a  measure  of  responsibility.  The
provision also reflects that found in Article 14(3) of Directive 2002/15/EC and to that
extent maintains coherence in social legislation in this area.

Article 11

29. 

The  Commission  accepts  Amendment  51  in  part  by  deleting  the  phrase  that  could
have caused distortion of competition.

6

OJ L 80, 23.3.2002, p. 35

5

                                                
Article 12

30. 

The Commission accepts that Amendment 52 introduces an appropriate obligation to
complete the special arrangement provision, which will ensure a timely update of the
record of driving times, breaks and rest periods and also facilitate enforcement.

Article 13

31. 

Amendment  53  for  Art.13(1)(b)  is  accepted,  as  it  clarifies  the  purpose  of  the
derogation  and  excludes  such  vehicles  from  being  used  for  other  road  transport
activities. The Commission also recognises the need for a limited derogation for local
postal services to be excluded as set out in Amendment 54, where driving is not the
driver’s main activity. To ensure a level  playing  field,  the  agreed  term of  universal
service provider as defined in the Postal Directive 97/67/EC is used.

Article 19

32. 

The  Commission  accepts  that,  particularly  with  the  introduction  of  the  principle  of
extraterritoriality  in  sanctioning  offences  detected,  it  is  necessary  to  stipulate  that
sanctions  should  be  non-discriminatory  (Amendment  64  in  part).  Recital  24  is
therefore  also  amended  to  take  this  into  account.  The  word  ‘penalties’  has  been
replaced  by  ‘sanctions’,  a  more  general  term,  which  found  greater  acceptance  in
Council discussions.

Article 20(new)

33. 

The  Commission  has  made  a  separate  Article  to  address  this  specific  enforcement
measure.  The  Commission  can  accept  the  clarification  of  the  limits  to  the  sanction
but  would  prefer  to  make  reference  to  the  simpler  description  for  the  sanction,
namely immobilisation (Amendment 65).

Article 21 (renumbered)

34. 

The  Commission  would  wish  to  be  included  in  the  exchange  of  information  on
interpretation  and  application  of  the  Regulation.  For  this  reason,  a  separate
paragraph 3 is used to incorporate the substance of Amendment 66.

II

Amendments to Regulation (EEC) 3821/85

35. 

Amendment 62 advocates the introduction of a requirement to keep or retain for one
year  all  data  and  information  relating  to  driving  times  and  rest  periods.  This
requirement is already applied to duty rosters (Article 14 (6) of Regulation 3820/85)
and  to  analogue  tachograph  record  sheets  (Article  14  (2)  of  Regulation  3821/85).
Within  the  amending  Regulation  (EC)  2135/98,  which  introduced  the  digitial
tachograph,  the Council  at  that  time  considered  that  arrangements  for  downloading
of  data  should  remain  a  natonal  competence  and  hence  in  Article  1(7)(b)
paragraph 5,  Member  States  are  simply  obliged  to  ensure  that  this  data  should  be
made available for at least 365 days after the date of their recording. Amendment 62
seeks to make this record-keeping explicitly compulsory for undertakings regarding
future  digital  tachograph  data.  Given  that  the  digital  tachograph  equipment  also
allows  downloaded  data  to  be  transmitted  electronically  and  stored  in  a  central
database  base,  the  text  has  been  revised  to  take  this  facility  into  account.  A  new
paragraph (8) has been inserted in Article 10 of the proposed Regulation rather than

6

Regulation  3821/85,  within  the  framework  of  the  chapter  on  liability  of  the
undertaking.  An  associated  definition  of  downloading  has  been  added  to  ensure
coherence with that used in Annex IB of Regulation (EEC) 3821/85. An  additional
recital (28) is added to cover this insertion.

36. 

The  Commission  also  recognises  the  need  to  ensure  there  is  an  explicit  obligation
upon the undertaking to download data from the vehicle unit and driver card so that it
can  be  accessible  for  inspection.  Minimum  compulsory  downloading  periods  may
vary  between  Member  States,  but  the  main  aim  should  be  to  require  an  accessible
and continuous record for periodic inspections. However the possibility is given for
Member States’ experts to discuss and agree in committee on an optimium minimum
compulsory downloading period.

Article 25 (renumbered)

37. 

38. 

39. 

While  the  Commission’s  proposed  new  Article  10(8)  deals  with  downloading  and
storage of electronic data, (see paragraph 36 above) there is also a need to deal with
the issue of storage of printouts from the tachograph, which the driver makes when
he has been unable to use his driver card. This is a further aspect of Amendment 62,
which also considered all “information” should be retained for one year. This issue is
best addressed within the framework of the current requirements for record sheets in
Article 14(2) of Regulation 3821/85. Accordingly, the relevant provision is changed
to include appropriate and chronological storage of all such records. This insertion is
also reflected in a new Recital (28).

Amendment  70(e)  advocates  the  insertion  of  an  explicit  requirement  for  the  driver
when  returning  to  a  vehicle  after  an  absence  (normally  a  daily  or  weekly  rest)  to
declare  any  other  work  carried  out  or  ‘availability’  undertaken  since  he  left  the
vehicle by entering it manually in the digital tachograph. To this end, Article 15(2) of
Regulation  (EEC)  3821/85  is  replaced  to  make  clear  that  manual  entry  of  such
activities is compulsory. This requirement is also reflected in Recital (28)

Amendments 9 and 70(a) both seek to extend the number of preceding days in which
enforcement  officers  may  check  driving  time  and  rest  periods  to  28  and  27
respectively,  so  that  full  advantage  may  be  taken  of  the  data  available  through  the
digital tachograph equipment. Currently, under Article 15(7) of Regulation 3821/85
as amended and under Article 3(2), first indent of Directive 88/599/EEC7, if there are
clear indications of irregularities, enforcement officers can check the records for the
preceding  days  of  the  same  week  and  the  last  day  on  which  the  driver  drove  on
during  the  previous  week.  The  Commission  has  accepted  the  fact  that  advantage
should  be  taken  of  the  forthcoming  new  tachograph  equipment,  but  considers  an
obligatory four-week period check  at the  roadside  excessive.  Inspectors  conducting
roadside checks should continue to have a measure of discretion. The number of days
to be checked should however be adjusted to ensure that the fortnightly driving time
limit  of  90  hours  can  be  checked  at  the  roadside.  This  recognises  the  potential
enforcement  improvements  which  the  digital  tachograph  can  provide,  does  not
impose too great an additional burden on inspectors and the industry alike, but allows
a key limit on driving time to be checked at the roadside. Recital 28 also addresses
this change.

7

OJ L 325, 29.11.1988, p. 55

7

                                                
III

Amendments rejected

40. 

41. 

42. 

43. 

44. 

45. 

The  Commission  has  not  accepted  Amendments  6,  8,  and  9  in  part  as  they  would
impose an unreasonable administrative burden both on the industry and enforcement
inspectors.

Amendments  13,  35,  49  and  89  appear  to  serve  little  useful  purpose.  The  sectoral
working time Directive 2002/15/EC stands on its own and reflects the diverse way in
which  such  rules  are  implemented  in  the  Union.  It  already  places  an  obligation  on
employers to acquaint themselves with total time worked by drivers. As regards the
minimum ages for drivers these are now in the driver training proposal – Parliament
has not objected in first reading to its logical presence there. As regards consistency
of  this  proposal  with  Regulation  (EEC)  3821/85  on  recording  equipment  in  road
transport, the Commission will ensure that this is maintained throughout discussions
on the proposal.

The  Commission  maintains  its  view  that  a  more  focussed  approach  to  exemptions
and derogations is required. Humanitarian aid (amendment 19) is too broad a concept
and  can  be  subcontracted  to  commercial  undertakings;  privatised  utilities  and
services  or  those  services  in  which  private  companies  compete,  continue  to  be
subject  to  competitive  pressures  (Amendments  20,  24,  55,  56,  58);  milk  collection
from farms can involve long distance transport (Amendment 23). Amendment 59 on
the carriage of live animals is already covered in a more limited form by the revised
derogation  in  Article  13(1)(b)  that  includes  ‘farming’.  There  appears  to  be  no
justification  for  a  derogation  for  specially  equipped  vehicles  for  use  as  shops,  etc.
(Amendment  57).  Amendment  22  to  exclude  certain  vehicles  under  3.5  tonnes
appears  unnecessary  as  these  vehicles  are  already  outside  the  scope  of  the
Regulation.  While  the  Commission  seeks  to  limit  exemptions  and  derogations
primarily to those justified on account  of  the  light weight of the vehicles,  the short
distance travelled or on public interest  grounds, it recognises a  certain  flexibility is
required in applying these exemptions and derogations in practice.

Amendment  83  is  rejected  as  it  reduces  the  current  break  in  Article  7  from
45 minutes to  30  minutes  after  4  hours  30  minutes.  The  Commission  considers  the
current  45  minutes  is  an  appropriate  minimum  break  and  that  any  reduction  would
not improve road safety.

Amendment  39  is  rejected  as  it  reduces  the  inclusion  of  other  driving  activities
undertaken on excluded vehicles within the calculation of daily driving time to urban
buses. While mixed scope driving may be more frequent within this sector, there is
no logical reason why it alone should be singled out and mixed scope  driving  with
other excluded vehicles considered acceptable.

In  Amendment  61,  the  requirement  for  national  regular  bus  services  to  fit  their
vehicles  with  a  digital  tachograph  when  it  becomes  compulsory,  while  laudable,  is
impracticable.  Firstly  Regulation  (EC)  2135/98  requires  only  new  vehicles  to  be
fitted  with  a  digital  tachograph.  There  is  no  obligation  to  equip  existing  fleets.
Moreover,  given  the  date  for  the  introduction  of  the  digital  tachograph  –  5  August
2004 – this provision would leave little room for a transitional period.

8

46. 

Amendments 67 and 69 make proposals which conflict with the comitology rules and
hence  have to  be  rejected,  while  the  means  to  address  Amendment  68  –  a  uniform
interpretation and application of the Regulation’s rules – is already provided through
the proposed committee in Arts. 23 and 24.

IV

New Commission Amendments to the proposal

Article 3

47. 

48. 

49. 

50. 

51. 

52. 

53. 

54. 

The introductory phrase has been clarified as ‘carriage by road’ to correspond to the
definition in Article 4(1).

Paragraph  9:  to  ensure  consistency  in  terms  used,  the  weight  threshold  is  changed
from  kilogrammes  to  tonnes  –  see  also  paragraph  63  of  the  explanatory
memorandum.

Article 4

Paragraph 4: the definition of ‘break’ has been further refined to clarify the nature of
a break  by  explicitly  excluding  any  possibility  that  it  includes  any  driving  activity.
This reflects a consensus in Council discussions to date.

Paragraph 6: the definition of ‘other work’ has been linked to the definition of ‘work’
in  the  sectoral  working  time  Directive,  2002/15/EC.  This  provides  coherence
between  the  two  legislative  instruments  and  a  clear  explanation.  By  contrast,  the
former interpretation did not seek to define the term, but simply stated what it did not
include.

Paragraph 11: the definition of daily driving time has been clarified to make it more
precise.

Paragraph  16:  the  definition  of  transport  undertaking  has  been  clarified  to  indicate
that it includes both companies which undertake transport for hire and reward as well
as those who carry out own account operations.

Article 6

Paragraph  2  has  been  extended  to  ensure  there  is  no  misunderstanding  in  the
relationship  between  the  Regulation  and  Directive  2002/15/EC  concerning  the
maximum weekly driving time limit of 56 hours and the maximum weekly working
time limit of 60 hours and to promote coherence between the two legal instruments.

Renumbered paragraph 5: discussions in the Council have indicated a consensus on a
clearer and more comprehensive text concerning out of scope driving, which can be
taken into account in driving time. The Commission can agree with this approach on
road safety grounds and hence takes up this consensus in its amended proposal.

9

55. 

56. 

57. 

58. 

59. 

60. 

Article 7

The  Commission  continues  to  consider  45  minutes  as  a  reasonable  break  after  4.5
hours  of  driving.  The  aim  of  the  Commission’s  original  proposal  regarding  breaks
was to avoid an abuse of current facility to split the 45-minute break into 15-minute
periods. The aim of Parliament’s amendment 83 is to ensure that any reintroduction
of  a  15-minute  split  should  only  be  permitted  if  it  precedes  a  rest  of  at  least  30
minutes. The Commission has redrafted the text to reflect this objective. Recital 14
has also been amended to reflect this change.

Article 8

Paragraph 2 is amended to make clear the obligation on the driver to take a daily rest.

Paragraph 3 is  amended to take  account of the anomaly  in a  calendar week  system
that driving the last three days of one week and the first three days of the following
week  can  allow  a  continuous  use  of  reduced  daily  rest  over  this  6-day  period,  a
situation that would go against the spirit of what the Regulation intends.

The  new  paragraph  5  reflects  the  provision  of  the  current  Regulation  and
reintroduces  considerable flexibility for the industry in the allocation  of  the  weekly
rest periods. It means firstly that the possibility of taking reduced weekly rest periods
consecutively  is  reintroduced  -  the  road  safety  implications  are  recognised  through
the shorter period required for  compensatory rest in paragraph 8,  a period  that also
facilitates enforcement checks. Secondly, it means that with a weekly rest period at
the  start  of  the  first  week  and  the  second  weekly  rest  period  at  the  end  of  the
following week, drivers can operate for longer periods within an overall driving time
limit  of  90  hours.  This  may  address  to  some  extent  the  concerns  of  the  occasional
passenger  transport  industry,  which  up  until  now  has  made  use  of  a  special
arrangement under which the driver could drive for 12 days without any weekly rest.

The  former  paragraph  5  is  deleted  because  the  reinstatement  of  a  compensation
regime  for  weekly  rest  in  the  new  paragraph  8  with  a  requirement  that  the
compensation  be  taken  by  the  end  of  the  following  week  has  the  same  effect.
Compensation  given  the  following  week  for  a  24-hour  reduced  weekly  rest  period
will add up to a minimum of 45 hours in total (if the subsequent weekly rest period is
also reduced) or to 66 hours (if a regular weekly rest period is taken).

Article 10

Paragraph  3  is  redrafted  to  clarify  that  a  new  infringement  is  not  being  created  by
driving on the territory of a Member State having breached the rules in force. Rather
the  concept  of  extraterritoriality  in  roadside  enforcement  is  being  introduced.
Discussions in Council to date have also indicated that Member States could accept a
longer  period  within  which  such  infringements  could  be  checked  and  action  taken.
This  is  reflected  in  the  new  text.  The  issue  of  double  jeopardy  –  being  sanctioned
twice for the same offence - is also addressed in a supplementary paragraph.

Article 11

61. 

The Commission has added  an additional sentence based on the current Regulation
which  underlines  the  primacy  of  the  Regulation  in  international  road  transport
operations.

10

Article 12

62. 

The  Commission  has  inserted  an  additional  phrase  to  reflect  the  future  use  of  the
digital tachograph in recording such events.

Article 13

63. 

Sub-paragraph 1(c) and (e) contain a minor amendment changing the weight limit to
tonnes  from  kg  to  ensure  consistency  within  the  Regulation.  Upon  reflection
following discussions within the Council, the Commission has accepted the need for
two  derogations:  firstly,  to  retain  a  more  circumscribed  derogation  for  minibuses
(paragraph 1(h)); secondly, for areas where population density is particularly sparse,
other road users less prevalent and hence road safety less an issue (new paragraph 3),
the  Commission  is  prepared  to  recognise  and  authorise  a  special  derogation  in
specific well-justified cases.

Article 16

64. 

Paragraph  3  is  slightly  amended  to  clarify  the  requirements  concerning  the  duty
roster.

Article 23

65. 

The  Commission recognises  that  there  is  no  need  to  define  the  composition  of  this
Committee as it will be subject to the normal rules of comitology.

Article 24

66. 

The remit of the committee has been tightened up and clarified.

Article 25

67. 

Within the modifications of Regulation (EEC) 3821/85, the Commission has decided
to include an additional entry that has arisen in the course of Council discussions on
the proposal, namely an additional paragraph to be inserted in Article  15(1) of that
Regulation.  Currently  drivers  are  obliged  to  make  a  printout  of  their  driving  and
other  activities  at  the  end  of  the  day  and  then  sign  and  identify  the  printout.  The
additional  paragraph  places  a  further  requirement  on  a  driver  who  does  not  have  a
driver card prior to starting his journey to make a printout. This will prevent end-of-
day printouts being juggled prior to signature by unscrupulous companies to ensure
records of driving time activities are legal, and will link a driver with a vehicle for a
particular journey. Moreover drivers are likely to make  this printout  because  of  the
risk  of  a  roadside  check.  The  potential  benefits  in  enforcement  are  deemed  to
outweigh the burden of the additional requirement and will encourage drivers to take
care of their driver cards. The insertion of this additional requirement is reflected in
the new Recital 28.

C

Conclusion

Having  regard  to  Article  250,  paragraph  2  of  the  EC  Treaty,  the  Commission  modifies  its
proposal as follows.

11

2001/0241 (COD)

Amended proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on the harmonisation of certain social legislation relating to road transport and
amending Council (EEC) Regulation 3821/85 on recording equipment in road transport

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 Commission8,

Having regard to the opinion of the European Economic and Social Committee9,

Having regard to the opinion of the Committee of the Regions10,

Acting in accordance with the procedure laid down in Article 251 of the Treaty11,

Whereas:

(1)

(2)

(3)

In the field of road transport, Regulation (EEC) No 3820/85 on the harmonisation of
certain social legislation relating to road transport12 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.

Article 17a(2) of Directive 93/104/EC13 concerning certain aspects of the organisation
of  working  time,  as  amended  by  Directive  2000/34/EC  of  the  European  Parliament
and of the Council14, requires Member States to adopt measures to ensure that mobile
workers are entitled to “adequate rest”.

Difficulties  have  been  experienced  in  interpreting,  applying,  and  enforcing  and
monitoring  certain  provisions  of  Regulation  (EEC)  No.  3820/8515  on  driving  time,
break  and  rest  period  rules  for  drivers  engaged  in  national  and  international  road
transport within the Community in a uniform manner in all Member States, because of
the broad terms in which they are drafted.

8

9

10

11

12

13

14

15

OJ C …, …, p. …
OJ C …, …, p. …
OJ C …, …, p. …
OJ C …, …, p. …
OJ L 370, 31.12.1985, p. 1.
OJ L 307, 13.12.1993, p. 18.
OJ L 195, 1.8.2000, p. 41.
OJ L 370, 31.12.1985, p. 1.

12

                                                
(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)

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

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

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

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.

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;

In the case of carriage using vehicles registered in a third countrystate which is not a
contracting  party  to  AETR,  theose  provisions  of  this  Regulation  shouldwill  only
apply to that part of the journey effected within the Community.

Since  the  subject  matter  of  the  AETR  Agreement  falls  within  the  scope  of  this
Regulation,  the  power  to  negotiate  and  conclude  the  Agreement  lies  with  the
Community.

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  as  soon  as  possible  in  accordance  with  the
procedure laid down therein.

The list of exemptions should be updated to reflect developments in the road transport
sector over the past seventeen years.

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) 3821/85 on recording equipment in road transport16 as amended by Regulation
(EEC)  2135/9817.  In  addition,  through  the  standing  committee,  Member  State
enforcement  authorities  will  strive  to  reach  a  common  understanding  on  the
implementation of this Regulation.

(14)

It has proved possible under existing rules to schedule daily driving periods and breaks
to enable a driver to drive  for too long  without a full break, leading  to  reduced road
safety and a deterioration in driver’s working conditions. It is therefore appropriate to

16

17

OJ L 370, 31.12.1985, p. 8.
OJ L 274, 9.10.1998, p. 1.

13

                                                
ensure split breaks are so ordered as to prevent abuse introduce a longer minimum
break, which must be taken within a shorter time period.

(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 standard for the driver and is computable. Standard daily rest periods
should be increased and split periods of rest should not be permitted. R reduced daily
rest  periods  should  be  left  without  compensation.  and  Compensation  for  weekly
reduced  rest  periods  should  be  given  at  the  end  of  the  following  week.  permitted
only once between two full weekly rest periods.

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

(17)

(18)

(19)

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 and determine whether they have been fully and properly observed.

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

It  is  necessary  for  drivers  working  for  several  transport  undertakings  to  supply  each
one  with  adequate  information  to  enable  it  to  fulfil  its  responsibilities  under  this
Regulation.

(20)

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

(21) National  derogations  should  reflect  changes  in  the  road  transport  sector  and  be

restricted to those elements not now subject to competitive pressures.

(22)

(23)

(24)

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 50km. Those
rules should provide adequate protection in terms of driving times allowed and breaks
and rest periods imposed.

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.

The Member States should 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  and  non-discriminatory.
The possibility of immobilisingpounding the vehicle where serious infringements are
detected  should  be  included  within  the  common  range  of  penalties  open  to  Member
States.

14

(25)

(26)

It  is  desirable  in  the  interests  of  clear  and  effective  enforcement  to  ensure  uniform
provisions  on  the  liability  of  transport  undertakings  and  drivers  for  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.

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
transnational 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  procedures  for  the  exercise  of  implementing  powers  conferred  on  the
Commission18, measures for the implementation of this Regulation should be adopted
by use of the advisory procedure provided for in Article 3 of that Decision.

(28)      Regulation  (EEC)  3821/85  should  be  amended  to  clarify  specific  obligations  on
transport undertakings  and drivers as well  as to promote  legal  certainty  and  to
facilitate enforcement of driving time and rest period limits at roadside checks.

 (289) For reasons of clarity and rationalisation, Regulation (EEC) No 3820/1985 should be

repealed and replaced by this Regulation.

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.

The Regulation’s provisions also aim to promote improved monitoring and enforcement
practice by Member States and improved working practices within the road transport
industry.

18

OJ L 184, 17.7.1999, p. 23.

15

                                                
1.

This Regulation shall apply to carriage by road:

Article 2

(a) of goods where the permissible maximum weight of the vehicles, including  any
trailer, or semi-trailer, exceeds 3.5 tonnes, and in the case of international point-
to-point delivery services where the permissible maximum weight of the vehicle
exceeds 2.8 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 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.

2.

2. 3.

This  Regulation  shall  apply  to  carriage  by  road  undertaken  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 AETR shall apply where carriage by road is undertaken 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.

Article 3

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

1.

2.

3.

4.

5.

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

vehicles with a maximum authorised speed not exceeding 30 kilometres per hour;

vehicles owned or hired in without a driver by the armed services, civil defence, fire
services,  and  forces  responsible  for  maintaining  public  order  when  the  carriage  is
undertaken as a consequence of the tasks assigned to these services and is under
their control;

vehicles used in emergencies or rescue operations;

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

16

6.

7.

8.

9.

specialised vehicles transporting circus and fun-fair equipment;

specialised breakdown vehicles operating within a 50100-km radius of their base;

vehicles  undergoing  road  tests  for  technical  development,  repair  or  maintenance
purposes, and new or rebuilt vehicles which have not yet been put into service;

vehicles  with  a  maximum  permissible  weight  not  exceeding  7.500  kg  tonnes  used
for non-commercial carriage of goods.

10.          Historic commercial vehicles used for the non-commercial carriage of goods or

passengers

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

Article 4

1.

2.

“carriage by road” means any journey made entirely or in part on open roads by a
vehicle, whether laden or not, used for the carriage of passengers or goods;

“vehicle” means a motor vehicle, tractor, trailer or semi-trailer, defined as follows:

–  “motor vehicle”: any mechanically self-propelled vehicle circulating on the road,
other than a vehicle permanently running on rails, and normally used for carrying
passengers or goods;

–  “tractor”:  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;

–  “trailer”: any vehicle designed to be coupled to a motor vehicle or tractor;

–  “semi-trailer”:  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.

“driver” means any person who drives the vehicle even for a short period, or who is
carried in the samea vehicle in order to be available for driving if necessary;

4.            “driving time”  means  the  duration  of  the  activity  in which  the  driver  controls
the vehicle and is an active road user. It includes interruptions in the motion of
the vehicle when the driver is still behind the steering wheel.

5.4.

65.

"break" means  any  period during which a driver may not  carry  out  any  driving  or
any other work and which is used exclusively for recuperation.

“other  work”  means  any  activity  other  than  driving  defined  in  Article  3(a)  of
Council Directive 2002/15/EC as being ‘working time’.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 ‘other work’.

76.

“rest” means any uninterrupted period during which the driver may freely dispose of
his time.

17

87.

"daily rest period" means the daily period during which the driver may freely dispose
of his time and covers a "regular daily rest period" or a "reduced daily rest period".

"regular daily rest period" means any uninterrupted period of rest of at least 12 hours.
This  regular  daily  rest  period  may  be  taken  in  two  periods,  the  first  of  which
must be an uninterrupted period of at least 3 hours and a second uninterrupted
period of at least 9 hours.

"reduced daily rest period" means any uninterrupted period of rest of at least 9 hours
but less than 12 hours.

98.

"weekly rest period" means athe weekly period during which the driver may  freely
dispose of his time and covers a "regular weekly rest period" or  a  "reduced weekly
rest period".

– 

"regular weekly rest period" means any uninterrupted period of rest of at least
45 hours.

–  "reduced weekly rest period" means any uninterrupted period of rest of less than
45 hours, which may be shortened to a minimum of 36 consecutive hours if at
least 24 hours but less then 45 hours, which is taken other than at the place where
the vehicle is normally based or in the driver’s home town, or to a minimum of
24 consecutive hours, if taken outside those places.where the driver is based.

109.

110.

A “flexible ‘week’" means the period of time between 00.00 on Monday and 24.00
on Sunday.the end of one weekly rest period and the beginning of the next weekly
rest period.

"daily  driving  time"  means  the  total  accumulated  driving  time  between  the  end  of
one daily rest period and the beginning of the following daily rest period any two
consecutive daily rest periods or between a daily rest period and a weekly rest period.

121.

"weekly driving time" means the total accumulated driving time during a week.

132.

143.

154.

“permissible maximum weight” means the maximum authorised operating weight of
the vehicle fully laden;

”regular passenger services” means national and international services as defined in
Article 2 of Council Regulation (EC) n° 684/9219”.

“multi-manning” - 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 to
do  the  driving.  For  the  first  hour  of  multi-manning  the  presence  of  another
driver  or  drivers  is  optional  but  for  the  remainder  of  the  period  it  is
compulsory.

19

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.

18

                                                
165.

“transport undertaking” 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, whether for
hire and reward or for own account.

CHAPTER II

Crew, driving times, breaks and rest periods

1.

2.

The minimum age for conductors shall be 18 years.

Article 5

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

(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,

(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.

The daily driving time shall not exceed nine hours.

Article 6

2.

23.

34.

45.

56.

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

The flexible week shall not exceed 144 hours.

The  weekly  driving  time  shall  not  exceed  56  hours  and  shall  not  result  in  the
maximum  weekly  working  time  as  laid  down  in  Article  4(a)  of  Directive
2002/15/EC being exceeded.

The total accumulated driving time during any two consecutive flexible weeks shall
not exceed 90 hours.

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  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.

19

When  a  driver  of  a  vehicle  to  which  this  Regulation  applies,  between  two
consecutive daily rest periods or between a daily and a weekly rest period, also:

(a)      drives  a  vehicle  benefiting  from  an  exemption  under  Article  3  or  a
derogation under Articles 13 and 14 and/or;

(b)     drives  a  vehicle  used  for  the  carriage  of  goods,  where  the  permissable
maximum weight of the vehicle does not exceed 3.5 tonnes;

the total driving time shall count towards the driver’s daily and weekly driving
time  limits  for  the  purposes  of  Article  4  and  the  preceding  paragraphs  of  the
present Article, and shall be recorded manually on a record sheet or printout.

Article 7

1.

After at most three four and a half hours of driving a driver shall observe a break of
at least 30 45 minutes unless he begins a rest.

2.            This  break  may  be  replaced  by  a  break  of  at  least  15  minutes  followed  by  a
break of at least 30 minutes each distributed over the period in such a way as to
comply with the provisions of paragraph 1.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.

1.

2.

3.

4.

A driver shall take daily and weekly rest periods.

Article 8

Within  each  period  of  24  hours  after  the  end  of  the  previous  daily  rest  period  or
weekly rest period aA driver must have takenshall 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 three reduced daily rest periods between any two weekly
rest periods.during a flexible week.

By way of derogation from paragraph 2, within 30 hours after the end of a daily or
weekly  rest  period,  a  driver  engaged  in  multi-manning  must  have  takenshall
complete a new daily rest period.

5.            In  the  course  of  each  week,  one  of  the  daily  rest  periods  shall  be  extended  to

become a weekly rest period.

5.

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

20

6.

7.

8.

1.

2.

1.

2.

3.

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

A weekly rest period that falls in two weeks may be counted in either week, but
not in both.

A driver taking a reduced weekly rest period shall take an additional period of
rest  corresponding  to  the  difference  between  45  hours  and  the  length  of  the
reduced weekly rest taken. This additional period of rest:

- shall be taken en bloc;

- shall be taken by the end of the week following the week in which the reduced
weekly rest commenced;

- shall be attached to either a weekly rest period or a daily rest period.

Article 9

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  twiceonce  by  other  activities  not  exceeding  one  hour  in
total.

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

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.

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) n° 3821/85 are complied with.

A Member State shall impose a sanction on an undertaking and/or a driver for
any  infringement  of  this  Regulation  detected  on  its  territory  and  for  which  a
sanction has not already been imposed, even where that infringement has been
committed on the territory of another Member State or of a third country.

21

A  Member  State  shall  take  due  account  of  any  evidence  supplied  by  the
undertaking and/or the driver that an infringement has already been subject to
a sanction or that an infringement is already the subject of judicial proceedings.

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.

4.

Transport  undertakings  established  in  a  Member  State  shall  be  liable  for
infringements referred to in 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.

5.

A transport undertaking shall not be liable under paragraph 4 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.

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.

Consignors,  freight  forwarders,  prime  contractors,  sub-contractors  and  driver
employment  agencies  shall  ensure  that  contractually  agreed  transport  time
schedules respect the provisions of this Regulation.

6.

7.

8(a).

A transport undertaking which uses vehicles fitted with recording equipment in
compliance  with  Annex  IB  of  the  Regulation  (EEC)  3821/85  as  last  amended
and falling within the scope and provisions of this Regulation, shall:

i.        ensure  that  all  relevant  data  is  downloaded  from  the  vehicle  unit  and
driver  card  as  regularly  as  is  stipulated  by  the  Member  State  of
establishment of the transport undertaking or as regularly as necessary so
as to ensure that all activities  undertaken by or for that  undertaking are
downloaded;

ii.       ensure  that  all  data  downloaded  from  both  the  vehicle  unit  and  driver
card is kept for at least twelve months following its recording and, should
an  inspecting  officer  request  it,  such  data  must  be  accessible,  either
directly or remotely, at the premises of the undertaking.

22

(b).         ‘Downloading’ within this paragraph corresponds to the definition laid down in
Commission  Regulation  (EC)  No.1360/2002  of  13  June  200220,  Chapter  I
(Definitions), paragraph (s)

(c).         The  minimum  period  within  which  the  relevant  data  should  be  downloaded
under  paragraph  (a)(i)  above  may  decided  by  the  Commission  in  accordance
with the advisory procedure referred to in Article 23(2).

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  territory.  by  vehicles  registered  in  that  Member  State.  Nevertheless  the
provisions of this Regulation shall remain applicable to drivers engaged in international
transport operations.

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 on a  print-out  from  the  recording equipment or in the  duty
roster at the latest on arrival at the suitable stopping place.

Article 13

1.

Provided  the  objectives  set  out  in  Article  1  are  not  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)

(b)

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

vehicles  used  by  agriculture,  horticulture,  forestry,  farming  or  fishery
undertakings for carrying goods as part of their own entrepreneurial activity
within a 50 kilometre radius of the base of the undertaking;

20

OJ L 207, 5.8.2002, p.1

23

                                                
(c)

(d)

(e)

(f)

(g)

vehicles  with  a  maximum  permissible  weight  not  exceeding  7.5  tonnes00  kg
used by universal service providers as defined in Article 2(13) of Directive
97/67/EC  to  deliver  items  as  part  of  the  universal  service  or  used  for
carrying material or equipment for the driver’s use  in  the  course  of  his  work.
These vehicles should be used only within a 50-kilometre radius of the base
of  the  undertaking,  and  on  conditionprovided  that  driving  the  vehicles  does
not constitute the driver’s main activity;

vehicles operating exclusively on islands not exceeding 2300 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;

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  liquefied  gas  or  electricity,
the maximum permissible weight of which, including the weight of trailers or
semi-trailers, does not exceed 7.5 tonnes 00 kg;

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;

vehicles used in connection with sewerage, flood protection, or water services,
highway maintenance and control, or door-to-door household refuse collection
or disposal services;

(h)     vehicles with between 10 and 17 seats used exclusively for the carriage of
passengers,  provided  that  they  are  being  used  by  non-commercial  bodies
for social purposes.

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

Provided  that  the  objectives  in  Article  1  are  not  jeopardised  and  adequate
protection for drivers is provided, a Member State may, after approval by the
Commission, grant on its own territory minor exemptions from this Regulation
for  vehicles  used  in  predefined  areas  with  a  population  density  of  less  than  5
persons per square kilometre, in the following cases:

– 

– 

for domestic regular passenger services, where their schedule is confirmed
by the authorities, exemptions relating to breaks, and

for those domestic road haulage operations, which have no impact on the
single market and are needed to maintain certain sectors of industry in the
territory and where the exempting provisions of this Regulation impose a
limiting radius of up to 100 km.

Carriage by road under this derogation may include a trip to a more inhabited
area  only  in  order  to  end  or  start  the  journey.  Any  such  measures  should  be
proportionate in nature and scope.

2.

3.

24

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.

CHAPTER V

Control procedures and penalties

Article 16

1.

2.

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.

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;  these  particulars  must  be  updated  on  regular  intervals,  the
duration of which may not exceed one month.

(b) be signed by the head of the transport undertaking or by  a  person authorised to
represent him, and

25

(c)  be  kept  by  the  transport  undertaking  for  one  year  after  expiry  of  the  period
covered by it. The transport undertaking shall give an extract from the roster to the
drivers concerned upon request.

(d) The duty roster shall, be produced and handed over at the request of an authorised
inspecting officer, be produced and handed over.

Article 17

Member  States,  using  the  standard  form  set  out  in  Commission  Decision
93/173/EEC21,  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 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.

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

Article 18

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

the

Article 19

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

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

Article 20

Where Member States consider that there has been a breach of this Regulation
liable  to  endanger  road  safety,  they  shall  be  empowered  to  proceed  with
immobilisation  of  the  vehicle  concerned  until  such  time  as  the  cause  of  the
breach has been rectified.

21

OJ L 72, 25.3.1993, p. 33.

26

                                                
Article 210

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 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.

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 ;

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

The competent authorities of the Member States shall regularly send each other
information  concerning  the  national
and  the  Commission  all  relevant 
interpretation and application of the provisions of this Regulation.

2.

3.

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

Article 221

Article 232

Committee procedures

1.

2.

1.

The  Commission  shall  be  assisted  by  the  committee  referred  to  in  Article  18(1)  of
Regulation  3821/85.;  it  shall  be  composed  of  representatives  of  the  Member  States
and chaired by a representative of the Commission.

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 243

Implementing measures

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).

27

21.

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

(a) examine cases where differences in the application and enforcement of any of the
provisions  of  the  Regulation  arise  and  particularly  concerning  driving  times,
breaks and rest periods;

(b) clarify the provisions of the Regulation and ensure a common approach;

(c)  In  these  specific  cases  concerning  driving  times,  breaks  and  rest  periodsthe
Commission  shall  take  a  decision  in  accordance  with  the  advisory  procedure
referred to in Article 232(2). The Commission shall communicate its decision to the
European Parliament, the Council and to the Member States.

32.

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  circumstances  take  a
different decision within a period of two months.

CHAPTER VI

Final provisions

Article 25

Regulation  (EEC)  3821/85,  as  amended  by  Regulation  (EEC)  2135/98  is  amended  as
follows:

(i) Article 14, paragraph 2 is amended as follows:

‘The undertaking shall keep record sheets and printouts in chronological order and in a
legible  form  for  at  least  a  year  after  their  use  and  shall  give  copies  to  the  drivers
concerned  who  request  them.  The  record  sheets  and  printouts  shall  be  produced  or
handed over at the request of any authorised inspecting officer.’

(ii) in Article 15(1), the following fifth sub-paragraph is added:

‘Where a driver card is damaged, malfunctions or is not in the possession of the driver,
the driver shall:

i.          at  the start of his  journey, print out the  details of  the  vehicle  he  is driving,  and

shall enter onto that printout:

a. details that enable him to be identified (name, driver’s card or driver’s licence
number), including his signature;

b. the periods indicated in paragraph 3, second indent (b), (c) and (d) below.

ii.         at  the  end  of  his  journey,  print  out  the  information  relating  to  periods  of  time
recorded by the recording equipment, record any periods of non-driving activity
carried out since the printout that was identified (name, driver’s card or driver’s
licence number), including his signature.

28

(iii) Article 15(2), second paragraph is replaced by the following:

‘When  as  a  result  of  being  away  from  the  vehicle,  a  driver  is  unable  to  use  the
equipment  fitted  to  the  vehicle,  the  periods  of  time  indicated  in  paragraph  3,  second
indent (b), (c) and (d) below shall:

i.          if  the  vehicle  is  fitted  with  recording  equipment  in  conformity  with  Annex  I,  be
entered  on  the  record  sheet,  either  manually,  by  automatic  recording  or  other
means, legibly and without dirtying the sheet; or

ii.         if  the  vehicle  is  fitted  with  recording  equipment  in  conformity  with  Annex  IB,  be
entered  onto  the  driver  card  using  the  manual  entry  facility  provided  in  the
recording equipment.’

(iv) Article 15(7), first indent, is modified as follows:

“-  the  record  sheets  for  the  current  day  and  those  used  by  him  in  the  previous
consecutive fifteen days.”

Regulation (EEC) 3820/85 is repealed.

Article 264

Article 275

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

It shall apply from January 2004.

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

Done at Brussels, […]

For the European Parliament
The President

For the Council
The President

29

LEGISLATIVE FINANCIAL STATEMENT

Policy area(s): Inland, air and maritime transport policy

Activity(ies):

TITLE  OF  ACTION:  REGULATION  OF  THE  EUROPEAN  PARLIAMENT  AND  OF  THE  COUNCIL  ON
THE  HARMONISATION  OF  CERTAIN  SOCIAL  LEGISLATION  RELATING  TO  ROAD
TRANSPORT

1.

BUDGET LINE(S) + HEADING(S)

06 01 04 03

OVERALL FIGURES

Total allocation for action (Part B): € 40,000

Period of application: indefinite – annual expenditure

Overall multiannual estimate on expenditure:

2.

2.1.

2.2.

2.3.

a)  Schedule  of  commitment  appropriations/payment  appropriations  (financial  intervention)
(see point 6.1.1)

Year n

n + 1

n + 2

n + 3 N + 4

n + 5
and
subs.
Years

Total

Commitments

Payments

b) Technical and administrative assistance and support expenditure(see point 6.1.2)

Commitments

40000

Payments

40000

Subtotal a+b

Commitments

Payments

40000

40000

30

c)  Overall  financial  impact  of  human  resources  and  other  administrative  expenditure
(see points 7.2 and 7.3)

Commitments/
payments

TOTAL a+b+c

Commitments

Payments

43200

83200

83200

2.4

Compatibility with the financial programming and the financial perspective

X

Proposal compatible with the existing financial programming

(cid:1) This  proposal  will  entail  reprogramming  of  the  relevant  heading  in  the
financial

perspective

(cid:1) This  may  entail  application  of  the  provisions  of  the  Inter-institutional
Agreement.

2.5

Financial impact on revenue22

X No financial implications (involves technical aspects regarding implementation of
a measure)

OR

(cid:1) Financial impact – the effect on revenue is as follows:

Note: All details and observations pertaining to the method of calculating the effect
on revenue should be included in a separate annex

Budget line Revenue

Prior to
action
(Year n-
1)

Situation following action

Year n N+1

n+2

n+3

n+4

n+5

a) Revenue in absolute terms

b) Change in Revenue

 (cid:1)

(Please state each budget line involved, adding the appropriate number of rows to the table
if there is an effect on more than one budget line)

22

For further information see a separate guidance paper.

31

                                                
3.

BUDGET CHARACTERISTICS

Type of expenditure

New

EFTA
participation

Participation
applicant
countries

Heading
Financial
Perspective

Non-

Differentiated

NO

NO

NO

3

Compulsory

4.

LEGAL BASIS

Article 71 of the Treaty

5.

5.1

DESCRIPTION AND GROUNDS

Need for Community intervention 23

5.1.1

Objectives pursued

The purpose of the advisory committee is

(cid:1)  to  ensure  a  common  application  and  enforcement  of  the  Regulation  by  the  competent

authorities of Member States;

(cid:1)  to promote an exchange of views on developments in this field of the road transport sector;

and

(cid:1)  to  raise  issues  relating  to  the  Regulation  that  can  be  addressed  in  a  more  thorough  and

decisive way within the committee.

The desired outcome is a more effective and uniform application of the rules throughout the
Union and a proactive approach to developments arising in the sector

5.1.2 Measures taken in connection with ex ante evaluation

Internal consideration of appropriate issues to be addressed by the group

5.1.3 Measures taken following ex post evaluation

Internal assessment of group feedback on the impact of any points agreed

5.2

Actions envisaged and arrangements for budget intervention

- the target population(s) (specify number of beneficiaries if possible);

the European Union road transport industry in general and the drivers of goods and passenger
transport by road in particular.

- the specific objectives set for the programming period (in measurable terms);

23

For further information see a separate guidance paper.

32

                                                
The advisory committee will assist in:

(cid:1)  drawing up the biennial reports which the Commission must produce under Article 16(2)
of the Regulation – up until now input from Member States to such reports has been patchy
and late thus reducing the impact and value of the reports;

(cid:1)  clarifying a common view on the implementation and enforcement of the rules throughout

Member States;

(cid:1)  advising  on  refinements  to  the  Community  legislation  in  the  light  of  current  operations;

and

(cid:1)  highlighting developments in the sector that have a bearing on the implementation of the

Regulation and associated legislation.

The resources to service this committee in terms of secretariat and meeting arrangements are
set out in Points 6 and 7 below. The costs will be met out of the current budget lines.

5.3

Methods of implementation

Advisory Committee as set out in Commission Decision 1999/468/EC.

6.

6.1

FINANCIAL IMPACT

Total financial impact on Part B - (over the entire programming period

(The method of calculating the total amounts set out in the table below must be explained by
the breakdown in Table 6.2. )

6.1.1 Financial intervention

Year N

N + 1

 N + 2

N + 3

N + 4

Total

N + 5 and
subs.
years

Breakdown

Action 1

Action 2

Etc.

TOTAL

33

6.1.2  Technical  and  administrative  assistance,  support  expenditure  and  IT  expenditure

(Commitment appropriations)

Year N

N + 1

 N + 2

N + 3

N + 4

Total

N + 5 and
subs.
years

1) 
administrative assistance

Technical 

and

Technical 

a) 
offices

assistance

b)  Other 
administrative assistance:

technical 

and

- intra muros :

- extra muros :

of  which  for  construction
and 
of
maintenance 
computerised  management
systems

Subtotal 1

2) Support expenditure

a) Studies

b) Meetings of experts

40000

c) Information and
publications

Subtotal 2

40000

TOTAL 40000

34

Calculation  of  costs  by  measure  envisaged  in  Part  B  (over  the  entire

6.2 
programming period)24

(Where  there  is  more  than  one  action,  give  sufficient  detail  of  the  specific  measures  to  be
taken for each one to allow the volume and costs of the outputs to be estimated. ).

Breakdown

Commitments in €

Type
of outputs
(projects, files )

Number of
outputs

Average unit
cost

(total for years
1…n)

Total cost

(total for years
1…n)

1

2

3

4=(2X3)

Action 1

Advisory group

Advice/decision

4 meeting p.a.

10000

40000

TOTAL COST

40000

If necessary explain the method of calculation

7.

7.1

IMPACT ON STAFF AND ADMINISTRATIVE EXPENDITURE

Impact on human resources

Types of post

Staff to be assigned to management of the
action using existing and/or additional
resources

Number of
permanent posts

Number of
temporary posts

Total

Description of tasks deriving from the
action

Permanent
officials 
Temporary staff

or

A

B

C

Other human resources

Total

0.4

0.4

0.4

Servicing the Committee

0.4

24

For further information see a separate guidance paper.

35

                                                
7.2

Overall financial impact of human resources

Type of human resources

Amount €

Method of calculation *

Officials

Temporary staff

Other human resources

43200

0.4  x  108,000  (unit  cost),  Titles  A1,
A2, A4, A5 and A7

(give budget line)

Total

43200

The amounts reflect the total cost of the posts for 12 months as the operation is of unspecified
duration

7.3

Other administrative expenditure deriving from the action

Amount €

Method of calculation

Budget line

(number and heading)

Overall allocation (Title A7)

A0701 – Missions

A07030 – Meetings
A07031 – Compulsory committees (1)
A07032 – Non-compulsory committees (1)

A07040 – Conferences

A0705 – Studies and consultations

… Other expenditure (state which)

Information systems (A-5001/A-4300)

Other expenditure – Part A (state which)

Total NIL

The amounts are total expenditure for twelve months.

(1) Specify the type of committee and the group to which it belongs.

I.

II.

III.

Annual total (7.2 + 7.3)

Duration of action

Total cost of action (I x II)

€ 43200

Indefinite

€ 43200

The above mentioned estimates have been included in the Preliminary Draft Budget 2004.

36

8.

8.1

FOLLOW-UP AND EVALUATION

Follow-up arrangements

Ongoing

8.2

Arrangements and schedule for the planned evaluation

Following quarterly meetings

9.

ANTI-FRAUD MEASURES

Cost statements of experts checked for conformity following the Commission rules

37