Commission staff working document accompanying the Report from the Commission on the implementation in 2005-2006 of Directive 2002/15/EC on the organisation of the working time of persons performing mobile road transport activities (1st Report from the Commission on the implementation of the working time rules relating to road transport) {COM(2009) 415}
Date: 2009-08-03
Institutions: European Commission
Subjects: activity report, application of EU law, arrangement of working time, occupational safety, road safety, road transport, working time

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 3.8.2009 
SEC(2009) 1099 

COMMISSION STAFF WORKING DOCUMENT 

Accompanying the  

REPORT FROM THE COMMISSION 

on the implementation in 2005-2006 of Directive 2002/15/EC on the organisation of the 
working time of persons performing mobile road transport activities (1st report from 
the Commission on the implementation of the working time rules relating to road 
transport) 

{COM(2009) 415} 

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TABLE OF CONTENTS 

1. 

1.1. 

1.2. 

1.3. 

Directive 2002/15/EC in General................................................................................. 3 

Background .................................................................................................................. 3 

Main Provisions ........................................................................................................... 3 

Relationship to other legal acts .................................................................................... 5 

1.3.1.  Relationship to Directive 2003/88/EC ......................................................................... 5 

1.3.2.  Relationship to Regulation (EC) No 561/2006 ............................................................ 5 

1.4. 

1.5. 

1.6. 

1.7. 

2. 

Transposition in the Member States............................................................................. 6 

Monitoring and Enforcement in the Member States .................................................. 11 

Transmission of Data by the Member States ............................................................. 14 

Interpretation of Directive 2002/15/EC by the Court of Justice and National Courts15 

Definitions.................................................................................................................. 15 

2.1. 

The Scope of Directive 2002/15/EC .......................................................................... 15 

2.2.  Working Time ............................................................................................................ 16 

2.2.1.  Provisions of the Directive......................................................................................... 16 

2.2.2.  Application in the Member States.............................................................................. 17 

2.3. 

Breaks......................................................................................................................... 18 

2.3.1.  Provisions of the Directive......................................................................................... 18 

2.3.2.  Application in the Member States.............................................................................. 18 

2.4. 

Night Work................................................................................................................. 18 

2.4.1.  Provisions of the Directive......................................................................................... 18 

2.4.2.  Application in the Member States.............................................................................. 19 

2.5. 

Conclusions ................................................................................................................ 19 

3. 

3.1. 

3.2. 

3.3. 

General Issues ............................................................................................................ 19 

Member States' Evaluations and Prospects................................................................ 19 

Social Partners' Evaluations ....................................................................................... 21 

Conclusions ................................................................................................................ 23

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COMMISSION STAFF WORKING DOCUMENT 

Accompanying the  

REPORT FROM THE COMMISSION 

on the implementation in 2005-2006 of Directive 2002/15/EC on the organisation of the 
working time of persons performing mobile road transport activities (1st report from the 
Commission on the implementation of the working time rules relating to road transport) 

1. 

DIRECTIVE 2002/15/EC1

 IN GENERAL 

1.1. 

Background 

On 15 July 1997 the Commission adopted a White  Paper on sectors and activities excluded 
from  the  Working  Time  Directive2,  in  which  it  proposed  several  approaches  designed  to 
protect the health and safety of workers in the sectors excluded from the basic Directive. 

Following  consultations  with  the  social  partners,  the  Commission  concluded,  in  its 
Communication  of  31  March  19983  that  nothing  justified  treating  mobile  workers  and  non-
mobile workers in a different way and that therefore the basic principles of the working time 
Directive should apply to all workers. 

On  15  October  2008  the  Commission  published  adopted  a  proposal  to  amend  Directive 
2002/15/EC on the organisation of working time of mobile workers in road transport4. 

1.2.  Main Provisions 

Directive  2002/15/EC  on  the  organisation  of  mobile  workers  in  road  transport  lays  down 
minimum  standards  to  protect  the  health  and  safety  of  road  transport  workers,  avoid 
distortions to competition within the Community and improve road safety. 

Directive  2003/88/EC5  concerning  certain  aspects  of  the  organisation  of  working  time 
(hereinafter:  Basic  Working  Time  Directive)  provides  for  the  replacement  of  its  general 
provisions with more specific requirements. This is the case in the field of road transport.  

1 

2 
3 
4 

5 

Directive  2002/15/EC  of  the  European  Parliament  and  of  the  Council  of  11  March  2002  on  the 
organisation  of  working  time  of  persons  performing  mobile  road  transport  activities,  OJ  L  80, 
23.3.2002, p. 35   
COM(97) 334 final - not published in the Official Journal 
SEC(1998) 537 final - not published in the Official Journal 
COM  (2008)  650  final  of 15  October  2008  Oct,  Proposal  for  a  Directive  of  the  European  Parliament 
and  the  Council  amending  Directive  2002/15/ECon  the  organisation  of  the  working  time  of  persons 
performing mobile road transport activities 
Directive 2003/88/EC of 4 November 2003 concerning certain aspects of the organisation of working 
time, OJ L 299 , 18.11.2003 p. 9  

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The  Directive  on  the  organisation  of  mobile  workers  in  road  transport  supplements  the 
provisions  of  Regulation  (EC)  No.  561/20066  on  driving  times  and  rest  periods  that  are  of 
direct influence on road  safety, and competition, as they specify the maximum driving time 
allowed. 

The  provisions  of  Directive  2002/15/EC  on  the  organisation  of  mobile  workers  in  road 
transport take precedence over the relevant provisions of the Basic Working Time Directive 
because it contains more specific provisions as regards workers. 

The Directive establishes: 

•  that the average weekly working time may not exceed 48 hours. It can be extended to 60 
hours  by  the  competent  bodies  only  if  an  average  of  48  hours  per  week  is  not  exceeded 
within a period of four months; 

•  an obligation to take a break after six hours of work; 

•  that daily working time may not exceed ten hours for night workers; 

•  that records are kept of the workers' working time.  

•  Member  States  must  take  the  measures  necessary  to  ensure  that  the  employer  posts  or 
displays  in  a  place  accessible  to  all  workers  a  copy  of  this  Directive  and  of  the 
corresponding  domestic  law.  The  employer  is  required  to  record  the  working  time  of 
mobile workers and to keep these records for at least one year.  

According  to  8  of  the  Directive,  Member  States  may  derogate  from  these  provisions  on 
condition that social partners were consulted. These derogations should not lead to a reference 
period  of  calculation  of  the  average  maximum  weekly  working  time  of  48  hours,  which 
exceeds  six  months.  Article  10  enables  them  to  put  in  place  provisions,  which  are  more 
favourable to workers. 

It  is  for  the  Member  States  to  decide  upon  the  penalties  for  infringements.  These  penalties 
must be effective, commensurate with the infringement and constitute a sufficient deterrent. 

Following  Article  13  (1)  of  Directive  2002/15/EC  on  the  organisation  of  mobile  workers  in 
road transport  Member  States must report  to the Commission on the implementation of this 
Directive  every  two  years  indicating  among  others  the  viewpoints  of  the  social  partners. 
Paragraph  (2)  of  the  said  provision  obliges  the  Commission  to  produce  a  report  every  two 
years on the implementation of this Directive by Member States, which is then forwarded to 
the Council, the European Parliament and the Economic and Social Committee. 

6 

Regulation  (EC)  561/2006  of  the  European  Parliament  and  of  the  Council  of  15  March  2006  on  the 
harmonisation of certain social legislation relating to road transport and amending Council Regulations 
(EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85, OJ L 
102 11.4.2006, p. 1 

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1.3. 

Relationship to other legal acts 

1.3.1.  Relationship to Directive 2003/88/EC 

Directive  2002/15/EC  on  the  organisation  of  mobile  workers  in  road  transport  is  a  lex 
specialis to the Basic Working Time Directive. 

The Basic Working Time Directive was adopted by the European Parliament and the Council 
under Article 137(2) TEC, which provides for Community measures to improve the working 
environment by protecting worker's health and safety. 

The Directive's main purpose is to lay down minimum safety and health requirements for the 
organisation of working time and establishes common minimum requirements for all Member 
States, which include  

•  daily and weekly rest breaks for workers 

•  a rest break during working time 

•  limits to weekly working time for workers 

•  paid annual leave for workers 

•  extra protection for night workers 

The Basic Working Time Directive constitutes a rule of Community social law of particular 
importance, from which every worker must benefit. 

In its Article 14, the Basic Working Time Directive states that it shall not apply, where more 
specific requirements are laid down in other Community instruments.  

In  Directive  2002/15/EC  on  the  organisation  of  mobile  workers  in  road  transport,  there  are 
several references to the Basic Working Time Directive.  

Recital 2 recalls Article 14 of the Basic Working Time Directive and underlines the sectoral 
character of Directive 2002/15/EC on the organisation of mobile workers in road transport. 

Recital  7  says  that  workers  excluded  from  the  scope  of  this  Directive  should  nevertheless 
benefit from the protection of the Basic Working Time Directive. 

1.3.2.  Relationship to Regulation (EC) No 561/2006 

As  has  been  said  before,  the  Directive  supplements  the  provisions  of  Regulation  (EC)  No 
561/2006 on driving times and rest periods. 

According to Article 4 (maximum weekly working time) of the Directive, the fourth and fifth 
subparagraphs  of  Article  6(1)  of  Regulation  (EC)  No.  561/2006  on  driving  times  and  rest 
periods  or  –  where  applicable  –  the  respective  provisions  of  the  European  Agreement 
concerning  the  work  of  Crews  of  Vehicles  engaged  in  International  Road  Transport  of  1st 
July 1970 (AETR Agreement) take precedence over the Directive as far as drivers concerned 
do not exceed an average working time of 48 hours a week over four months. 

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Article  5  (breaks)  of  the  Directive  says  that  this  provision  will  not  prejudice  the  relevant 
provisions of Regulation (EC) No. 561/2006 on driving times and rest periods or the AETR 
Agreement.  

Article 6 clarifies that apprentices and trainees shall be covered by the same provisions on rest 
time as other mobile workers in pursuance of Regulation (EC) No. 561/2006 on driving times 
and rest periods or the AETR Agreement. 

A last reference to the Regulation is made by Article 13 of the Directive. There it is ensured 
that Member States hand in their report concerning Directive 2002/15/EC on the organisation 
of  mobile  workers  in  road  transport  by  the  same  date  as  the  one  for  Regulation  (EC)  No. 
561/2006 on driving times and rest periods and that the reporting period is also the same. 

1.4. 

Transposition in the Member States 

The  table below provides an overview of the  national legal  instruments that are transposing 
and implementing the Directive. Moreover, it provides an information whether the views of 
the  two  sides  of  the  industry  have  been  taken  into  account  in  the  elaboration  of  the 
implementing  measures  and/or  the  national  reports,  as  prescribed  by  Article  13  (1)  of  the 
Directive.  

Member State 

Transposition 
Measure 

Date 
Publication 

of 

Entry 
Force 

into 

Date 
Notification 

of 

Involvement 
Stakeholders 

of 

3.8.2006 

11.4.2007 

1.9.2006 

No information 
submitted 

5.9.2005 

15.10.2005 

No information 
submitted  

6.5.2005 

20.5.2005 

No information 
submitted  

Austria7  

Belgium 

Cyprus 

Federal Law, by 
which the 
Working Time 
Law and the 
Law on rest 
periods are 
being amended 

Law of 16 March 
1971 on Labour 

Complementing 
Royal Decrees 

Collective 
agreements 

Organisation of 
the Working 
Time of Persons 
performing 
Mobile Road 
Transport 
Activities Law of 
2005 (Law 
47(I)/2005) 

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The information was taken from the official notification of transposition by the Member State. Because 
of the non-submission of the report, the Member State is not being further taken into account. 

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27.12.2006 

1.1.2007 

3.1.2007 

Trade unions and 
employers 
associations 

1.6.2005 

1.7.2005 

13.7.2005 

24.4.2005 

20.4.2005 

Trade Unions 
Employers' 
organisations 

Organisations of 
regions and 
communities 

Employers: 
Union of 
Estonian 
Automobile 
Enterprises 

Employees: 
Estonian 
Transport and 
Road Workers' 
Union 

No information 
submitted 

Trade unions and 
employers 
associations 

Finland 

Working Hours 
Act (605/1996) 

Collective 
agreements 

15.3.2005 

France 

Decree 83/40  

1.4.2005 

Czech 
Republic 

Denmark 

Estonia 

Government 
Regulation 
589/2006 
establishing a 
derogation 
relating to the 
working time 
and the rest 
periods of 
transport 
workers 

Act No 395 of 
1 June 2005 (on 
working time for 
mobile workers 
within the road 
transport sector) 

Traffic Act and 
Working and 
Rest Time Act 

Decree 
2003/1242 (as 
modified by 
Decree 
2006/408) 

Ordinance 2004-
1197 

Decree 
2005/306 

Decree 2007/13 

Workingtime 
Law (BGBl. Part 
I, p. 1170, 1171) 

Law of Proof of 
Substantial 

Germany 

1.9.2006 

Employers: 
BdBV, ASL, 
ANV, BdO, BDE, 
BGL, AMÖ, VDV, 
DSLV, VSPV, 
BDI, BDA, VKA 

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Greece 

Hungary 

Conditions 
Applicable to the 
Employment 
Relationship 
(BGBl. Part I, p. 
1542) 

Presidential 
Decree 
167/2006 
(Government 
Gazette I 179,) 

Art. 18/A-J of 
Act I of 1988 

Act LXXV of 
1996 

22.8.2006 

8.9.2006 

27.4.2005 

Employees: 
Berufskraftfahrer-
Union Rheinland-
Pfalz e.V, Ver.di, 
DGB 

Conducted by 
Occupational 
Health and 
Safety Council 

Committee for 
the Dialogue in 
the public 
Transport 
Service 
Providers' 
Sector, 
Association of 
Hungary's Road 
Freighters, 
International 
Trade 
Association of 
Private 
Entrepreneurs, 
National Alliance 
of Transportation 
Entrepreneurs, 
Alliance of 
Mobile Road 
Transport 
Enterprises, 
Hungarian 
Chamber of 
Commerce and 
Trade 

Ireland 

Italy8 

8 

European 
Communities 
(Organisiation of 
Working Time of 
Persons 
Performing 
Mobile Road 
Transport 
Activities) 
Regulations 
2005 (S.I. No. 
2/2005) 

Law No 77/2007 
transposing 

10.1.2006 

2.1.2006 

23.1.2006 

None 

21.7.2007 

22.7.2007 

13.7.2007 

No information 

Transposition  of  Directive  in  2007.  The  information  was  taken  from  the  official  notification  of 
transposition by the Member State. Because of the non-submission of the report, the Member State is 
not being further taken into account. 

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Directives 
2004/39, 
2002/98, 
2002/15, 
2004/25 

Transposition of 
Directive 
2002/15 on the 
organisation of 
the working time 
of mobile 
workers in road 
transport 

Road Traffic 
Law of 1 
October 1997, 
Cabinet 
Regulation No 
474 of 3rd of July 
2007 

Art. 148 of the 
Lithuanian 
Labour Code, 
Governent 
Resolution No 
587 of 14 May 
2003 (Official 
Gazette 2003, 
No 48-2120), 
Government 
Resolution No 
543 of 17 May 
2005 (Official 
Gazette 2005, 
No 64-2291) 

Law of 21 
December 2007 
on the 
transposition of 
Directive 
2002/15/EC on 
the organisation 
of the working 
time of mobile 
workers in road 
transport and 
amendments to 
the Labour Code 

Motor Vehicles 
(Carriage of 
Goods) 
Regulations and 
Motor Vehicles 
(Carriage of 
Persons 

Latvia 

Lithuania 

Luxembourg8 

Malta 

submitted 

17.12.2007 

9.1.2008 

20.7.2007 

21.7.2007 

6.9.2007 

No Information 
submitted 

21.5.2006 

21.5.2005 

25.5.2005 

None 

26.6.2002 

1.1.2003 

7.3.2005 

31.12.2007 

22.3.2008 

8.1.2008 

No information 
submitted 

9.6.2006 

16.6.2006 

21.7.2006 

Association of 
Tractor and 
Trailer Operators 
(ATTO) 

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Netherlands 

Poland 

Portugal 

Slovakia 

Slovenia 

Spain 

Regulations) 

Decree on 
Working Time in 
Transport 
(Bulletin of Acts 
and Decrees of 
11th of 
December 2006) 

Drivers' Working 
Time Act of 16 
April 2004 

Labour Code of 
26 June 1974 

Decree Law No 
237/2007 of 17 
June 2007, 
Order No 
983/2007 

Act No. 
121/2004 

Act No. 125 
2006 

Act No. 
125/2006 

Act No. 
462/2007 

Act on Working 
Time and 
Compulsory 
Rest Periods of 
Persons 
Performing 
Mobile Road 
Transport 
Activities and on 
Recording 
Equipment in 
Road Transport 
(OJ RS, No. 
76/2005) 

Consolidated 
Text: OJ RS, 
No. 64/2007 

Royal Decree 
902/2007 of 6 
July 2007 

11.1.2007 

12.1.2007 

15.1.2007 

Trade unions and 
employers 
associations 

30.4.2004 

1.5.2004 

15.3.2005 

16.2.1998 

31.8.2004 

No information 
submitted 

19.6.2007 

2.7.2007 

No information 
submitted 

17.3.2004 

14.8.2008 

24.4.2007 

Slovak Trade 
Union 
Confederation 

Federation of 
Employers' 
Associations of 
the Slovak 
Republic in the 
area of transport 

Chamber of 
Commerce and 
Industry of 
Slovenia 

Trade Union 

18.7.2007 

7.8.2007 

19.7.2007 

Meetings with 
employer's 
organisations 
and trade unions 

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13.6.2005 

6.9.2005 

4.4.2005 

16.6.2005 

18.3.2005 

20.5.2005 

3.6.2005 

Cooperation of 
Work 
Environment 
Authority (AV) 
with National 
Police Board, 
Road 
Administration, 
Road Transport 
Employers' 
Association and 
Transport 
Workers' 
Association  

Cooperation with 
trade 
associations and 
trade unions 

Sweden 

United 
Kingdom 

Act 2005/395 on 
Working Time 
for certain Road 
Transport 
Activities (Road 
Transport 
Working Time 
Act) 

In GB: Road 
Transport 
(Working Time) 
Regulations 
2005 (SI 
2005/639) of 4 
April 2005. 

In NI: Road 
Transport 
(Working Time) 
Regulations 
(Northern 
Ireland) 2005 
(SR 2005/241) 
of 16 June 2005 

One  of  the  biggest  problems  concerning  the  application  of  Directive  2002/15/EC  on  the 
organisation  of  the  working  time  of  mobile  workers  in  road  transport  was  its  non-uniform 
implementation into national legislation. 

By  the  time  of  expiry  of  the  transposition  period  (23  March  2005)  only  very  few  Member 
States had notified a complete transposition. Belgium, the Czech Republic, Denmark, Ireland, 
Greece, Spain, France, Italy, Latvia, Luxembourg, Netherlands, Austria, Portugal and Sweden 
only  notified  their  national  transposition  measures  after  the  launch  of  an  infringement 
procedure by the Commission.  

The  Member  States  which  indicated  that  they  consulted  the  two  sides  of  the  industry,  have 
precised  the  main  elements  of  concern  raised  during  the  consultation  process.  Some 
employers'  organisations  feared  possible  negative  effects  of  limiting  the  working  hours  by 
law,  such  as  loss  of  income  and  increasing  stress  for  drivers.  Employees'  organisations  in 
some Member States criticised the national transposition legislation.  

1.5.  Monitoring and Enforcement in the Member States 

The  table  below  describes  which  bodies  are  being  indicated  by  the  Member  States  as 
responsible for the enforcement of the national legislation transposing the Directive.  

Furthermore,  it  shows  which  methods  are  being  applied  in  the  Member  States  in  order  to 
ensure compliance with the provisions of the Directive.  

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Member State 

Bodies Responsible for 
Implementation and 
Monitoring  

Monitoring 
Methods/Enforcement 

Labour Inspectorates 

No information submitted 

Austria9  

Belgium 

Cyprus 

Minster of Labour and 
Social Security, 
Department of Labour 
Relations 

Diversification of inspections to 
several units; 

checks at premises; 

List of vehicle owners; 

Vehicle owner information 
campaign 

No information submitted 

Czech Republic 

State Labour Inspection 
Office [Státní úřad inspekce 
práce] and area labour 
inspectorates. 

Denmark 

Estonia 

Finland 

France 

Germany 

National Police and Social 
Partners 

No information submitted 

Roadside checks and checks at 
premises 

No information submitted 

No information submitted 

Information campaigns; 

Roadside checks and checks at 
premises; 

Labour Inspectorate 

National Police 

Occupational Safety 
Inspectorates 

Labour Inspectors for 
Transport 

Supreme authorities for 
labour protection in the 
"Länder" 

Bundesamt für 
Güterverkehr 

Greece 

Ministry for Employment 
and Social Protection 

Checks at premises; 

Audit to distinguish mobile 
workers from self-employed 
drivers 

9 

Member State did not supply data 

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Hungary 

Ireland 

Italy10 

Latvia 

Lithuania 

Luxembourg10 

Malta 

Netherlands 

Poland 

Portugal11 

Slovakia 

Slovenia 

Spain 

National Labour Safety and 
Labour Affairs Chief 
Inspectorate (regional 
inspectorates) 

Department of Transport; 
from Sep 06: Road safety 
Authority 

No information submitted 

No information submitted 

Minister for Transport 
(Road Transport 
Inspectorate) 

Roadside checks and checks at 
premises 

No information submitted 

No information submitted 

No information submitted 

No information submitted 

No information submitted 

No information submitted 

Transport, Public Works 
and Water Management 
Inspectorate 

Labour Inspectorate 

Road Transport 
Inspectorate 

Police 

Customs Officers 

Border Guards 

National Labour 
Inspectorate 

Roadside checks and checks at 
premises; 

Labour Inspectorates 

Slovak Police Force 

Minister of Transport; 
Labour Inspectorate of the 
Republic of Slovenia 

No information submitted 

Ministry of Labour and 
Ministry of Development; 

No information submitted 

10 
11 

Transposition of Directive in 2007; therefore Member State did not supply data 
Report does not cover the correct reporting period and is therefore not taken into consideration 

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Sweden 

United Kingdom 

Work Environment 
Authority (AV) and national 
police 

Supervision of the road 
transport working time act by 
checks at premises 

In GB: Department for 
Transport (DfT), Vehicle 
and Operator Service 
Agency (VOSA) 

Checks at premises; checks 
are usually carried out following 
complaints (approach will be 
reviewed in 2009). 

In NI: Department of the 
Environment (DOE), Driver 
Vehicle Agency (DVA) 

All  Member  States  that  submitted  their  reports,  have  indicated  bodies  responsible  for 
enforcing national legislation implementing the Directive.  

Only very few Member States submitted information on how they carry out controls. This is 
regrettable,  as  this  information  would  have  been  very  useful  in  order  to  better  assess  the 
effectiveness of measures taken by the Member States. 

Only  Greece,  Latvia,  Slovenia  and  the  United  Kingdom  have  submitted  information 
concerning the establishment of systems to check the effectiveness of enforcement. 

The  United  Kingdom  commissions  surveys  and  other  supporting  information  to  assess  the 
effectiveness and impact of working time legislation. Figures from the Labour Force Survey 
(LFS) show that there has been a decrease in the total working hours of drivers since the entry 
into force of the Directive in 2005. It remains to be seen, whether this is a direct result of the 
Directive or whether it will become a continuing trend. 

The  audit  by  the  Labour  Inspection  Corps  in  Greece  is  designed  to  distinguish  false  self-
employed drivers from self-employed ones in order to more effectively detect the first ones. 

In Latvia inspection reports contain recommendations for the operator. 

Slovenia has set up a recording system and a record of measures being taken in administrative 
and administrative offence procedures. 

1.6. 

Transmission of Data by the Member States 

The  lack  of  punctuality  of  many  Member  States  in  submitting  their  national  reports  was  a 
major problem in writing this report. 

By  30  September  2007,  when  all  national  contributions  should  have  been  submitted  to  the 
Commission according to Article 13 of the Directive, only Finland and the United Kingdom 
had  submitted  their  reports.  Cyprus,  Sweden  and  Spain  delivered  their  reports  with  a  delay 
after  a  reminder,  while  the  Commission  had  to  launch  infringement  procedures  against  a 
majority of the Member States. The procedure against Austria was still open at the time of the 
writing of this report.  

It is obvious, that this failure of most Member States to comply with their obligations to send 
a national report to the Commission is owed to the fact that some of them only notified the 

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implementation of the Directive at the end of or even after the expiry of the current reporting 
period. Only two Member States managed to transpose the Directive into national legislation 
by 23 March 2005, as it is prescribed by its Article 14. In the cases of Luxembourg, Spain and 
Portugal,  the  Court  of  Justice  had  to  pass  a  judgement  for  not  implementing  the  necessary 
measures within the time prescribed (C-364/06, C-392/06 and C-410/06). 

1.7. 

Interpretation  of  Directive  2002/15/EC  by  the  Court  of  Justice  and  National 
Courts 

The ECJ did not pass any judgement relating to Directive 2002/15/EC on the organisation of 
working time of mobile workers in road transport during the reporting period. 

As  far  as  national  cases  are  concerned,  only  Sweden  (9  cases  submitted  to  the  public 
prosecutor),  the  Slovak  Republic  (several  administrative  procedures)  and  Slovenia  (several 
administrative  procedures  leading  to  fines  against  undertakings  for  not  keeping  records  of 
working  time)  reported  their  cases.  The  final  outcomes  of  these  proceedings  were  not 
reported. 

2. 

DEFINITIONS 

2.1. 

The Scope of Directive 2002/15/EC 

According to its Article 2 (1), Directive 2002/15/EC applies to mobile workers employed by 
undertakings established in a Member State, participating in road transport activities covered 
by Regulation (EC) No. 561/2006 on driving times and rest periods or the AETR Agreement. 

Article 3(d) defines a mobile worker as follows: 

"mobile worker’ shall mean any worker forming part of the travelling staff, including trainees 
and apprentices, who is in the service of an undertaking which operates transport services for 
passengers or goods by road for hire or reward or on its own account;" 

Employed drivers, who can not be subsumed under these two Articles, are therefore out of the 
scope of Directive 2002/15/EC.  

Self-employed drivers are not subjected to any of the two Directives. 

According to the second and third sub-paragraph of Article 2(1) of Directive 2002/15/EC the 
Commission should send a report to the European Parliament and the Council by 23 of March 
2007. This report should analyse the consequences of the exclusion of self-employed drivers 
from  the  scope  of  the  Directive.  It  should  furthermore  be  accompanied  by  a  proposal  to 
amend Directive 2002/15/EC on the organisation of mobile workers in road transport, either 
setting  out  the  modalities  for  the  inclusion  of  self-employed  drivers  or  not  to  include  them 
within the scope. 

The  issue  of  the  scope  of  the  Directive  and  the  question,  whether  self-employed  drivers 
should  be  included  into  the  directive  was  only  addressed  by  Denmark,  France,  Ireland, 
Finland and the United Kingdom.  

Denmark wants self-employed drivers to remain out of the scope of Directive 2002/15/EC on 
the  organisation  of  working  time  for  mobile  workers  in  road  transport  and  is  also  sceptical 

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about  the  inclusion  of  false  self-employed  drivers.  As  far  as  self-employed  drivers  are 
concerned, it is being supported by Finland. 

The United Kingdom welcomed the carrying out of an impact assessment on the inclusion of 
self-employed drivers. 

France favours the inclusion of all self-employed drivers in the scope of the Directive as from 
23 March 2009. 

Ireland reported that the combat against false self-employed drivers will be a major task for 
the future. 

2.2.  Working Time 

2.2.1.  Provisions of the Directive 

Article 3(a) defines working time as the time from the beginning to the end of work, during 
which the mobile worker is at his workstation, at the disposal of the employer and exercising 
his  functions  or  activities.  On  the  one  hand,  this  includes  time  devoted  to  all  road  transport 
activities, such as the following: 

•  driving 

•  loading and unloading 

•  assisting passengers boarding and disembarking from the vehicle 

•  cleaning and technical maintenance 

•  all other work intended to ensure the safety of the vehicle, its cargo and passengers or to 
fulfil the legal or regulatory obligations directly linked to the specific transport operation 
under way 

On  the  other  hand  "working  time"  also  includes  the  times  during  which  a  mobile  worker 
cannot dispose freely of his time and is required to be at his workstation, ready to take up his 
normal  work,  with  certain  tasks  associated  with  being  on  duty,  in  particular  during  periods 
awaiting loading or unloading where their foreseeable duration is not known in advance, that 
is  to  say  either  before  departure  or  just  before  the  actual  start  of  the  period  in  question,  or 
under the general conditions negotiated between the social partners and/or under the terms of 
the legislation of the Member States. 

The average weekly working time may not exceed 48 hours. The maximum weekly working 
time may be extended to 60 hours only if, over four months, an average of 48 hours a week is 
not exceeded.  

Working time for different employers is the sum of the working hours. Upon written request 
by an employer for an account of time worked for another employer, the mobile worker shall 
provide such information in writing. 

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2.2.2.  Application in the Member States 

The Directive foresees breaks and rest periods on the one side and working time on the other, 
but also an intermediate category, the "periods of availability". 

These are periods  

•  other than those relating to break times and rest times during which the mobile worker is 
not required to remain at his workstation, but must be available to answer any calls to start 
or resume driving or to carry out other work. In particular such periods of availability shall 
include  periods  during  which  the  mobile  worker  is  accompanying  a  vehicle  being 
transported by ferryboat or by train as well as periods of waiting at frontiers and those due 
to  traffic  prohibitions.  These  periods  and  their  foreseeable  duration  shall  be  known  in 
advance  by  the  mobile  worker,  that  is  to  say  either  before  departure  or  just  before  the 
actual start of the period in question, or under the general conditions negotiated between 
the social partners and/or under the terms of the legislation of the Member States or, 

•  for  mobile  workers  driving  in  a  team,  the  time  spent  sitting  next  to  the  driver  or  on  the 

couchette while the vehicle is in motion. 

•  Article  3  (a)  of  the  Directive  specifically  notes  that  periods  of  availability  are  excluded 

from working time. 

In  Hungary  working  time  consists  of  driving,  loading  and  unloading,  the  time  spent  on 
assistance  to  boarding  and  disembarkment  of  passengers,  the  time  spent  on  cleaning  and 
maintenance of the vehicle and finally police, customs and border controls.  

Times of availability are regulated more or less word by word as in the Directive. 

Under French law, working time is defined as the time during which the employee is at the 
disposal of the employer and can not freely pursue his personal affairs. 

The provisions concerning times of availability correspond to the Directive. 

In Belgium, all times at which the employee is at the disposal of the employer, are counted as 
working time. That is to say that times during which a driver can not dispose freely of his time 
or has to be available on a continuous basis in order to be ready to start working, are counted 
as working times.  

Times of availability, of which the driver can dispose freely and during which he is not meant 
to wait for unpredictable call to work, are not counted as working time. 

In Finland the concept of working hours is being defined in principle as the time being spent 
on work in compliance with an employment contract or the time an employee is required to be 
at the employer's disposal, at work or any other place determined by the employer. 

"Stand-by  time"  means  an  employees  contractual  obligation  to  remain  at  home  or  be 
otherwise available to be called to work when necessary and is not included in working hours. 

Spanish law defines working time as periods, during which a mobile worker cannot dispose 
freely of his time and is required to be at his workstation ready to undertake his normal work 
and  perform  tasks  associated  with  being  on  duty.  Periods  of  awaiting  loading  or  unloading, 

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where their foreseeable duration is not known in advance ("attendance time"), are included in 
working time. 

Germany  defines  working  time  only  as  the  period  between  the  beginning  and  the  end  of 
work,  excluding  breaks.  German  jurisprudence  recognises  three  types  of  time  on  duty: 
readiness for work, on-call service and stand-by. All of these periods are to be considered as 
working time. 

In Malta, working time is considered to be the time from the beginning to the end of work, 
during  which  the  mobile  worker  is  at  his  workstation,  at  the  disposal  of  the  employer  and 
exercising his functions or activities. Concerning periods of availability, the same definition is 
used as in Article 3(b) of the Directive. 

Under Slovenian  law,  working  time  means  is  defined  as  the  time  during  which  a  worker  is 
available to the employer and fulfilling his working obligations. Times of availability are not 
especially mentioned. 

Lithuania's report unveils, that the provisions of the Directive have been transposed almost 
in a word by word manner. 

Member States not mentioned did not supply enough content on this chapter. 

2.3. 

Breaks 

2.3.1.  Provisions of the Directive 

Article 5 of the Directive reads as follows: 

"Breaks 

1.  Member  States  shall  take  the  measures  necessary  to  ensure  that,  without  prejudice  to  the 
level of protection provided by Regulation (EEC) No 3820/85 or, failing that, by the AETR 
Agreement, persons performing mobile road transport activities, without prejudice to Article 
2(1), in no circumstances work for more than six consecutive hours without a break. Working 
time shall be interrupted by a break of at least 30 minutes, if working hours total between six 
and nine hours, and of at least 45 minutes, if working hours total more than nine hours. 

2. Breaks may be subdivided into periods of at least 15 minutes each." 

2.3.2.  Application in the Member States 

This provision appears in general to have been satisfactorily transposed. In accordance with 
Article 5, Member States generally set out minimum provisions for the length and timing of a 
rest break during the working day, in default of a different or more detailed provision under a 
collective agreement or between employers and workers' representatives.  

2.4. 

Night Work 

2.4.1.  Provisions of the Directive 

Article 3(i) of Directive 2002/15/EC on the organisation of working time of mobile workers 
in road transport defines night work as "any work performed during night time". Night time is 

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defined by paragraph (h) of the same Article as "a period of at least four hours, as defined by 
national law, between 00.00 hours and 07.00 hours". 

Following  Article  7(1),  Member  States  shall  take  the  necessary  measures  to  ensure  that,  if 
night work is performed, the daily working time does not exceed ten hours in each 24 hours 
period and that compensation for night work is given in accordance with national legislative 
measures,  collective  agreements,  agreements  between  the  two  sides  of  industry  and/or 
national practice, on condition that such compensation is not liable to endanger road safety. 

The Commission's  proposal  to amend Directive 2002/15/EC on the organisation of working 
time of mobile workers in road transport, which has been published following Articles 2 (1). 7 
(2)  and  (3)  on  15  October  2008,  intends  to  amend  among  others  the  provisions  concerning 
night time. In the said proposal night work is defined as "work during a period of work which 
includes at least two hours work performed during night time". 

2.4.2.  Application in the Member States 

According  to  the  reports,  the  majority  of  the  Member  States  transposed  the  provisions  on 
night work in a satisfactory manner. Conclusions 

All Member States have in the meantime transposed the Directive and from the information 
available it appears that most of them have done so in a correct manner. 

However,  in  terms  of  night  time  provisions,  there  are  some  Member  States,  which  in  the 
opinion of the Commission did not transpose the provisions on night work correctly and are 
therefore subjected to infringement procedures12 . 

Furthermore,  the  Commission  has  sent  a  Reasoned  Opinion  to  the  Netherlands  for  their 
transposition the provisions on maximum weekly working time . 

3. 

GENERAL ISSUES 

3.1.  Member States' Evaluations and Prospects 

As  far  as  the  scope  of  the  Directive  is  concerned,  Denmark  supports  the  exclusion  of  self 
employed drivers. As a general rule, working-time rules are not adopted for the self-employed 
and major problems are foreseen by the Danish authorities in enforcing such rules, which they 
consider as being unnecessarily bureaucratic. 

As  far  as  the  future  inclusion  of  false  self-employed  drivers  is  concerned,  Denmark  is  very 
sceptic, as it considers them to be already covered by the Directive. 

Concerning  enforcement,  it  is  essential  for  Denmark  that  the  controls  required  by  the 
Directive  can  continue  to  be  conducted  by  the  two  sides  of  industry.  This  is  linked  to  the 
Danish implementation of the labour-market Directive, where the two sides have been given 
as much freedom as possible to implement the rules by agreement and they are responsible for 
enforcing them. 

12 

Letters of Formal Notice have been sent notably to Spain and Germany. 

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For  the  United  Kingdom  the  government  is  currently  focusing  on  the  effectiveness  of  its 
implementation  of  the  Directive  and  anticipates  that  no  change  is  needed  to  the  Directive 
itself.  As  far  as  the  inclusion  of  self-employed  drivers  is  concerned,  the  carrying  out  of  an 
impact assessment is welcomed. 

As regards the prospects for the future, Finland considers it necessary to keep self-employed 
drivers out of the scope of the Directive, as driving times are already regulated by Regulations 
(EC) No. 561/2006 on driving times and rest periods and (EEC) No. 3821/8513. Furthermore, 
entrepreneurship should not be hindered too much. 

National legislation in France does not provide for any definition for salaried or independent 
workers.  It  is  therefore  up  to  national  courts  to  decide,  whether  a  mobile  worker  is  self 
employed  or  not.  In  order  to  fish  out  false  self-employed  drivers,  national  courts  apply  the 
instruments designed to combat clandestine employment. In order to clarify the situation, the 
French authorities therefore favour the inclusion of all self-employed drivers in the scope of 
Directive 2002/15/EC. 

The Irish report reveals that the combat against false self-employed drivers will be a major 
task  for  the  future.  Self-employed  drivers  and  small  companies  dominate  the  domestic  road 
transport sector. Many drivers seem to be under pressure by employers to become false self-
employed. The investigation of those drivers has proved to be very demanding.  

The Netherlands expect low compliance with the provisions of the Directive, due to the high 
economic pressure on the transport sector. 

Germany  regards  Directive  2002/15/EC  as  an  important  component  for  the  building  of  a 
more social Europe. Together with Regulation (EC) No. 561/2006 on driving times and rest 
periods, the provisions of the Directive contribute to increasing security and health of mobile 
workers.  

Nevertheless  it  is  reported,  Directive  2002/15/EC  is  expected  to  be  of  minor  importance 
compared to Regulation (EC) 561/2006 on driving times and rest periods, which is why the 
obligation to submit a biannual report on it is put into question. Alternatively, the reporting 
period should be adjusted to the one of the Basic Working Time Directive (five years). 

Greece  is  of  the  opinion  that  Directive  2002/15/EC  has  reinforced  the  legal  framework  for 
mobile workers, further contributing towards tackling issues such as the definition of working 
time  and  limits  for  weekly  working  time.  The  Directive  is  seen  as  a  very  good  set  of 
agreements to be concluded in a favourable way. 

Estonia  reported  that  the  transposition  of  Directive  2002/15/EC  in  road  transport  had  not 
given rise to any new social problems and that there has been progress in the social dialogue 
between employers and workers. 

In Slovakia, awareness of the existence of the Directive and the respective national legislation 
proved to be very low. Inspections revealed insufficient compliance on the part of employers 
with their obligation to provide information to transport employees of the relevant generally 

13 

Council Regulation (EEC) No 3821/85 of 20 September 1985 on recording equipment in road transport, 
OJ L 370, 31.12.1985, p. 8 

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binding  legal  provisions,  employer's  internal  rules  and  agreements  between  social  partners 
having impact on working times and rest periods. 

Linked  to  that  is  the  problem  of  a  lack  of  awareness  on  the  part  of  drivers  of  their  own 
obligations. 

Nevertheless,  the  Slovak  authorities  reported  an  improvement  of  the  situation  and  expect  a 
contribution of working time legislation to road safety. 

In  general,  most  Member  States  have  expressed  the  view  that  it  is  to  early  to  determine 
whether directive 2002/15/EC has had an effect on the actual working time of mobile workers 
or not. 

– 

Member States not mentioned did not supply enough content for this chapter. At this 
point it has to be commemorated that an outlook on issues concerning the Directive 
is a mandatory point according to the reporting format of Regulation (EC) 561/2006 
on driving times and rest periods. 

3.2. 

Social Partners' Evaluations 

In  France,  trade  unions  appealed  against  French  Decree  2007/13  on  working  time  in  road 
transport enterprises as far as the calculation period of the maximum weekly working time is 
concerned,  claiming  that  the  transposition  was  in  contradiction  to  Article  10  of  Directive 
2002/15/EC,  which  allows  for  provisions  more  favourable  to  health  and  safety  of  persons 
performing mobile road transport activities to be passed by Member States.  

On  the  contrary,  employers'  associations  explicitly  welcomed  the  Decree  2007/13  in  that 
respect. 

As  far  as  the  United  Kingdom  is  concerned,  employers'  associations  conceded  that  the 
Directive  had  not  had  such  a  negative  impact  on  industry  operating  practices  as  they  had 
feared. However, they attributed this to the fact that the United Kingdom had adopted most of 
the  flexibilities  provided  by  the  Directive.  Furthermore,  they  identified  as  a  benefit  that 
consultation and communication between employers and mobile workers improved. 

Trade  unions  were  unhappy  with  the  inclusion  of  periods  of  availability  in  the  Directive, 
which would undermine the protection provided. 

Slovak social partners agreed with the national report in general. Some of the shortcomings 
detected  could  be  removed  on  the  basis  of  amendments  to  the  legal  provisions  by  defining 
more precisely certain problematic issues, such as stand-by duty. 

Training of employees is seen as a major issue as well. Finally, they consider it necessary that 
employers draw up a timetable, which allows employees to observe the required rest periods. 

Employers'  organisations  reported  to  provide  information  on  the  Directive  and  national 
implementation measures to their members. They nevertheless complain that approach of the 
Slovak authorities was discriminating, as only  3% of the undertakings controlled were non-
nationals. 

In Spain, the discussion between the social partners on the transposition of the Directive into 
national law was very problematic and at first it was not possible to reach a consensus on the 

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draft  of  a  royal  decree.  This  actually  lead  to  a  serious  delay  of  Spain's  transposition  of  the 
Directive, which is why the Commission had to open an infringement procedure. 

Spanish employer organisations were very negative about the Directive, especially because of 
the  following  points:  exclusion  of  self-employed  drivers,  difficulties  in  interpreting  the 
Directive,  co-existence  of  Regulation  (EC) No.  561/2006  on  driving  times  and  rest  periods, 
and definition of rest periods. Additionally, there were some negative remarks on the national 
implementation measures. 

Trade  unions  generally  welcomed  the  Directive.  Nevertheless  they  feared  that  the  new 
proposal to amend the Basic Working Time Directive could contravene Directive 2002/15/EC 
on the organisation of working time of mobile workers in road transport and would represent 
a step backward in terms of maximum weekly working time. Additionally they would favour 
the inclusion of self-employed drivers, especially with regard to economically dependent self-
employed drivers. 

In  the  German  report,  stakeholders  mainly  commented  on  the  national  implementation 
measures.  Employers  claimed  that  the  implementation  measures  have  led  to  a  significant 
reduction of legally possible working hours, which is contested by the German government. 

In  Malta,  employers'  organisations  were  particularly  negative  about  the  maximum  weekly 
working  time  of  48  hours,  as  actual  working  hours  had  reduced,  while  drivers  in  Malta  are 
being paid on a daily basis. Furthermore, they doubt the positive effects on health and safety, 
arguing that less working hours could mean more stress in the remaining ones. 

Slovenian  employers  welcomed  that  Directive  2002/15/EC  on  the  organisation  of  working 
time of mobile workers in road transport allows for greater flexibility in the organisation of 
the work of drivers in comparison to similar provisions for other workers in the country. 

The  trade  unions  were  not  satisfied  with  Slovenia's  implementation  measures  in  terms  of 
working time and violations of working time legislation. Small and medium sized enterprises 
are said to be a matter of particular concern, as they usually do not pay salaries to drivers, but 
only remunerate them per kilometre driven. This again causes that drivers themselves do not 
comply with the rules. 

Estonian  social  partners  welcomed  the  Directive  –  even  if  some  difficulties  for  employers 
were  expected  as  regards  training  logistics  for  workers  and  various  employers  –  as  a 
contribution  to  better  social  protection  and  road  safety,  as  well  as  to  uniform  competition 
conditions. The latter is expected because Estonian legislation includes self-employed drivers. 

In Sweden, employers indicated that they had no special problems with the Directive, apart 
from the limitation to 10 hours of work, if night work is performed.  

Employees'  organisations  expressed  that  the  Directive  was  a  step  to  the  right  direction,  but 
that the transposition in Sweden was unsatisfactorily, without specifying their point. 

The  report  by  the  Netherlands  explains  that  the  social  partners  expect  basically  negative 
impacts of the Directive: a loss in income because of reduced working hours, more investment 
by  employers  needed  and  finally  drivers  leaving  the  sector  because  of  the  decreasing 
attractivity and competitiveness of the sector. 

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Social partners in the Member States did not very often refer to the question of the scope of 
the Directive. Nevertheless, from the comments received the conclusion can be drawn that an 
inclusion of false-self employed drivers would be favoured. 

The  reports  of  the  remaining  Member  States  did  not  contain  significant  substance  on  this 
chapter.  

3.3. 

Conclusions 

Among the Member States that submitted their reports, substantiated data on the actual effects 
of the Directive were almost not available. This might be owed to the fact that it only came 
into force on the 23 March 2005 and most Member States only transposed it even later. 

In many cases, the conclusions drawn by Member States on the effects of the Directive were 
reduced to expressions of expectation. Whereas some Member States, like Greece, expect it to 
make a valuable contribution, others, such as Germany, indicated that its importance could be 
minor in comparison to Regulation (EC) No. 561/2006 on driving times and rest periods. 

Some  Member  States  made  reference  to  the  question  of  whether  or  not  to  include  self-
employed  or  at  least  false-self  employed  drivers  into  the  scope  of  the  Directive.  Only  one 
Member State wanted the current Directive to remain unchanged, with the effect that all self-
employed drivers are included into its scope as from 23 March 2009.  

Social partners, even though they were not negative in most cases, have drawn the attention to 
elements of concern.  

In some Member States employers expressed their concern that the Directive might lead to a 
reduction of the working hours permitted, which could cause a loss of income.  

Some  employees'  organisations  indicated  that  they  were  unhappy  with  the  national 
transposition  legislation,  as  they  claimed  that  Member  States  did  not  make  use  of  the 
possibilities offered by the Directive. 

In  Spain,  the  serious  disagreement  between  the  two  sides  of  the  industry  lead  to  a 
considerable delay of Spain's efforts to transpose the Directive into national law. 

Social partners in the Member States did not very often refer to the question of the scope of 
the Directive. Nevertheless, from the comments received the conclusion can be drawn that an 
inclusion of false-self employed drivers would be favoured with a view to fair competition in 
the road transport sector. 

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