Report from the Commission on the implementation in 2005-2006 of Regulation (EEC) No 3820/85 on the harmonisation of certain social legislation relating to road transport (24th Report from the Commission on the implementation of the social legislation relating to road transport) {SEC(2009)1100}
Date: 2009-08-03
Institutions: European Commission
Subjects: activity report, application of EU law, arrangement of working time, harmonisation of standards, occupational safety, road safety, road transport

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 3.8.2009 
COM(2009) 416 final 

REPORT FROM THE COMMISSION 

on the implementation in 2005-2006 of Regulation (EEC) No 3820/85 on the 
harmonisation of certain social legislation relating to road transport  

(24th report from the Commission on the implementation of the social legislation 
relating to road transport) 

{SEC(2009)1100} 

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REPORT FROM THE COMMISSION 

on the implementation in 2005-2006 of Regulation (EEC) No 3820/85 on the 
harmonisation of certain social legislation relating to road transport  

(24th report from the Commission on the implementation of the social legislation 
relating to road transport) 

EXECUTIVE SUMMARY  

This  Commission  report  concerns  the  implementation  of  Council  Regulation  (EEC)  No 
3820/851  on  the  harmonization  of  certain  social  legislation  relating  to  road  transport.  The 
Regulation  provides  for  maximum  driving  times  and  minimum  break  and  rest  periods  for 
professional  drivers  as  well  as  for  control  procedures.  Under  the  accompanying  Directive 
88/599/EEC2  on  standard  checking  procedures,  Member  States  are  obliged  to  ensure  that  at 
least 1 % of all days worked by professional drivers of lorries and buses are checked either 
through inspections on the premises of transport undertakings or at the roadside. 

Despite  the  reporting  obligation,  some  Member  States  were  seriously  delayed  in  submitting 
their data. In order not to delay the next report, it is very important that the Member States' 
reports  covering  the  years  2007-2008  reach  the  Commission  by  30  September  2009.  These 
reports  will  also  have  to  include  information  on  implementation  of  the  Working  Time 
Directive  2002/15/EC3  on  the  organisation  of  the  working  time  of  mobile  workers  in  road 
transport  according  to  its  Article  13(1).  This  will  enable  the  Commission  to  draw  up  a 
comprehensive report containing all relevant information with regard to implementation of the 
social rules in road transport. 

Austria,  France,  Italy  and  Spain  increased  during  the  reporting  period  the  total  number  of 
working days checked. The average total number of working days checked (national and non-
national together) remained more or less the same during the period 2005-2006 at around 2.4 
million, compared to an average of about 2.3 million working days checked in the previous 
reporting period. 

Apart  from  Cyprus,  Estonia,  Ireland,  Netherlands,  Portugal  and  Sweden  all  Member  States 
exceeded the obligatory mark of 1% of all working days to be checked, whith Austria, France, 
Germany,  Italy,  Poland  and  Spain  exceeding  the  2%  mark,  which  comes  into  effect  as 
obligatory threshold on 1 January 2008. Switzerland also passed the threshold.  

The  total  number  of  offences  detected  on  the  EU  territory  and  reported  to  the  Commission 
decreased  slightly,  although  it  has  increased  in  a  few  Member  States.  Compared  to  the 

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Council  Regulation  (EEC)  No  3820/85  of  20  December  1985  on  the  harmonization  of  certain  social 
legislation relating to road transport, OJ L370, 31.12.1985, p. 1 
Council  Directive  88/599/EEC  of  23  November  1988  on  standard  checking  procedures  for  the 
implementation  of  Regulation  (EEC)  No  3820/85  on  the  harmonization  of  certain  social  legislation 
relating to Road transport and Regulation (EEC) 3821/85 on recording equipment in road transport, OJ 
L 325, 29.11.1988, p.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 

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previous  reporting  period,  the  number  of  detected  offences  in  respect  of  breaks  and  rest 
periods  decreased  as  well  as  the  number  of  offences  concerning  driving  periods,  whereas 
there  was  an  increase  concerning  service  timetables  and  duty  rosters.  The  most  frequent 
infringements  concerned  Article  7  of  the  Regulation  (breaks),  with  425195  infringements 
detected.  In  the  previous  reporting  period,  the  highest  number  of  infringements  detected 
concerned Article 8 of the Regulation (rest periods; 435849). 

The effects of the new Regulation (EC) No 561/20064 on driving time and rest periods and its 
implementing  Directive  2006/22/EC5  on  minimum  conditions  for  the  implementation  of 
Regulations  (EEC)  No  3820/85 and  (EEC)  No  3821/85,  in  force  since  11  April  2007  and  1 
May  2006,  could  not  yet  be  measured  during  the  reporting  period.  However,  it  is  expected 
that  these  new  rules  will  make  enforcement  of  social  legislation  easier.  They  provide  for  a 
targeted approach, based on risk assessments, reinforce cooperation between Member States 
and give the Commission implementing powers, especially with regard to minimum standards 
for  roadside  checks  and  checks  at  premises,  standard  equipment  of  enforcement  units  and 
which matters of fact are to be regarded as infringements. These powers are executed with the 
assistance  of  a  regulatory  committee.  An  increased  focus  has  to  be  set  on  efficient  and 
harmonised implementation of the improved set of social rules. 

1. 

INTRODUCTION 

This report, covering the two-year period of 2005-2006, is based upon the information of the 
Member  States  using  the  standard  form  introduced  in  accordance  with  the  Commission 
Decision of 22 February 19936.  

The returns were mostly complete, but there were gaps in the quality of reports. For instance 
Greece  did  not  submit  data  concerning  offences.  Some  Member  States,  such  as  Slovenia  or 
the Czech Republic only submitted reports for parts of the reporting period. Some varied from 
the  reporting  format  by  not  distinguishing  properly  between  the  three  different  groups  of 
drivers to be controlled (nationals, other Member States, third countries). 

For  the  first  time,  the  Member  States  that  acceded  in  2004,  had  to  submit  their  reports  for 
2005-2006. Romania and Bulgaria, having become Member States of the European Union as 
from 1 January 2007 and therefore after the end of the reporting period, did not have to submit 
national reports. However, Romania submitted a complete report, covering the full period. 

Switzerland also submitted its data to the Commission. 

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Regulation (EC) No 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 
Directive 2006/22/EC of the European Parliament and of the Council of 15 March 2006 on minimum 
conditions  for  the  implementation  of  Council  Regulations  (EEC)  3820/85  and  (EEC)  No  3821/85 
concerning  social  legislation  relating  to  road  transport  activities  and  repealing  Council  Directive 
88/599/EEC, OJ L 102, 11.4.2006, p. 35 
Commission Decision of 22 February drawing up a standard reporting form provided for in Article 6 of 
Council Directive 88/599/EEC concerning road transport, OJ L 72, 25.3.1993, p. 33 

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2. 

SUMMARY TABLES 

2.1. 

Checks: summary 

The table below shows the number of days actually checked as a proportion of the minimum 
number  of  working  days  to  be  checked  during  the  reporting  period  (1  January  2005  –  31 
December 2006). 

- a - 

- b -  

- c -  

- d -  

- e - 

Member State  Minimum 
number of 
working 
days to be 
checked 

Number of 
working 
days 
checked 
(nationals) 

Total number 
of working 
days checked

Number of 
working 
days 
checked 
(non-
nationals) 

Number of 
working days 
checked as a 
proportion of the 
minimum number 
of days to be 
checked (d/a) 

Austria  
Belgium 
Cyprus 
Czech 
Republic7 
Denmark 
Estonia 
Finland 
France8 
Germany 
Greece 
Hungary 
Ireland 
Italy 
Latvia 
Lithuania 
Luxembourg 
Malta 
Netherlands 
Poland 
Portugal 
Romania 
Slovakia 
Slovenia7 
Spain 
Sweden  
United 
Kingdom 
Switzerland 

470736 
726000 
77589 
265491 

220000 
61160 
334000 
2505000 
5717462 
6402 
560000 
904700 
3268176 
305662 
251660 
51201 
103 
595405 
1286126 
585 0779 
410106 
164027 
80000 
1912819 
528000 
2254506 

875914
965414
4738
1159843

284455
37189
379920
8958405
7571798
29646
639530
632710
7441167
485697
237567
72091
1001
471571
5063096
99613
428043
202278

4138122
414891 
3157534

510678
152065

219308

27985
2290
79033
2073646
5586304
917
132494
89
934095
73915
78807
15923
65
59831
3479674
518
72680
1519

438912
96227
484546

1386592
1117479
4738
1379151

312440
39479
458953
11032051
13158102
30563
772024
632799
8375262
559612
316374
88014
1066
531402
8542770
100131
500723
203797
81059
4577034
511118
3642080

412040 

1646858

331930

1978788

2.95
1.54
0.06
(5.19)

1.42
0.65
1.37
4.4
2.3
(4.77)
1.37
0.70
2.56
1.83
1.26
1.72
(10.34)
0.89
6.64
0.17
1.22
1.24
(1.01)
2.39
0.97
1.62

4.80

7 
8 

9 

The report only covers the year 2006 
France does not distinguish between nationals and non-nationals and between other Member States and 
third countries, but between residents and non-residents. In the table, residents appear as nationals and 
non-residents as non nationals 
Member State did not submit data; the number is therefore taken from the previous reporting period 

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The table shows that most Member States succeeded in meeting the goal of 1% of all working 
days  to  be  controlled.  The  exceptions  were  Cyprus  (0.06),  Estonia  (0.65),  Ireland  (0.70), 
Netherlands (0.89), Portugal (0.17) and Sweden (0.97).  

Slovenia's report only covers the year 2006 and there is no differentiation between nationals 
and  non-nationals  in  terms  of  working  days  checked.  This  makes  it  impossible  to  draw  any 
conclusions about the balance of checks between those groups. 

Figures suggest that some of the data have been inconsistently reported. In the case of Greece 
it is unlikely that only 1345 vehicles should be subject to Regulation (EEC) No. 3820/85 on 
the  harmonisation  of  certain  social  legislation  relating  to  road  transport,  given  that  3997 
certified  copies  of  Community  licences  have  been  reported  by  Greece  in  the  context  of 
Regulation (EEC) No 881/9210 concerning access to the road transport market.  

A  similar  comment  applies  to  Malta,  where  the  number  of  certified  copies  of  Community 
licences exceeds to a similar extent the number of vehicles subjected to the Regulation, thus 
leading to a minimum number of working days to be checked of only 103. 

In the case of the Czech Republic, the number of controls reported to have been carried out is 
particularly high in comparison to the two-year figure of countries of similar characteristics, 
such as Austria or Hungary, even though the Czech report only covers the year 2006. Pending 
further  verification  of  these  figures,  the  arithmetically  calculated  performance  ratio  is  not 
further taken into consideration.  

A report submitted earlier about the years 2004-2005 could not be taken into account due to 
the fact that it could not be clearly distinguished, which controls were carried out in 2004 (and 
would therefore not fall under the reporting period) and because of the lack of a calculation of 
minimum checks to be carried out. 

In  all  these  reports,  the  calculated  ratio  is  being  put  in  brackets  and  will  not  be  taken  into 
further consideration. 

2.2. 

Offences: summary 

Number of offences recorded: Articles 6, 7, 8 and 14 of Regulation (EEC) No 3820/85 

Overview by Member State 

Member State 

Passengers 

Goods 

Total 

  Nationals

EU 
countrie
s 

Third 
countrie
s 

Austria  
Belgium11 

1425
254

1305 
252 

835
19

Total 
non-
natio
nals 
2140
271

Nationals 

EU 
countrie
s 

Third 
countrie
s 

Total 
non- 
nation
als 

28249
2099

13351 
6643 

4309  17660
7204

561 

49474
9828

10 

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Council  Regulation  (EEC)  No  881/92  of  26  March  1992  on  access  to  the  market  in  the  carriage  of 
goods by road within the Community to or from the territory of a Member State or passing across the 
territory of one or more Member States, OJ L 95, 9. 4. 1992, p. 1 
The data reported by police and social inspectors have not been incorporated into the Table above, as 
they were not suitably disaggregated 

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Cyprus 
Member State 

248

Passengers 

337

Goods 

Total 
non-
natio
nals 
101

2
0
2498
9
1378

230
4
1999
1
150
0

155
1225
18
400
55

941
115
217

  Nationals

EU 
countrie
s 

Third 
countrie
s 

Czech 
Republic 
Denmark 
Estonia 
Finland 
France12 

1005

88 

13

120
12
921
106213

2 
0 
24989 

0
0

Germany 

19403

810 

568

Greece13 
Hungary 
Ireland 
Italy 
Latvia 
Lithuania 
Luxembourg 
Malta13 
Netherlands 
Poland 
Portugal 
Romania 
Slovakia 
Slovenia 
Spain 
Sweden 
United 
Kingdom 
Switzerland 

288
192
10090
12
120
12

424
13671
56
8842
2128

4913
818
2777

67 
4 
1777 
1 
73 
0 

134 
968 
18 
0 
54 

448 
104 
201 

163

222
0
77
0

21
257
0
400
1

493
11
16

Overview by category of offence 

Article 

Type of offence 
6  Driving periods 
7  Breaks 
8  Rest periods 

14  Service timetable and duty rooster 

Total 

Nationals 

EU 
countrie
s 

Third 
countrie
s 

5894

1779 

256 

Total 
non- 
nation
als 
2035

3279
261
11548

55 
18 

5 
23 

60
41

631815

45832 

7448  53280

6795
8495
66626
322
568
68

8311
47536
517
30286
33640

73007
3831
29142

2250 
37 
4127 
34 
292 
99 
3 
2412 
25557 
16 
0 
1506 

5907 
926 
15664 

2679 

793 
0 
457 
0 

4929
37
4920
6
749
99

190 

2602
7307  32864
16
2948
1708

0 
2948 
202 

1566 
47 

7473
973
1305  16969

585
Total 

9035

3399
335
12510
13120
2
70551
6

12242
8728
83635
341
1587
179
3
11492
95296
607
42476
37531
1006
86334
5737
49105

7592

7251 

70 

7321

14913

Number of offences 

297244
425195
241365

52951

1016755

The  Belgian  report  reveals  that  the  total  number  of  nationals  checked  at  the  roadside 
amounted to 35761, 59264 checks concerned non-nationals in Belgium. This led to an almost 
equal number of offences recorded for passenger transport operations for nationals and non-

12 
13 

Figures are for transport of goods and transport of passengers 
Member State did not submit data 

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nationals. Concerning transport of goods, the number of offences by non-nationals exceeded 
the number of offences by nationals by more than three times. 

A similar comment applies to Lithuania. While the number of checks concerning nationals is 
higher than the one of non-nationals, the number of offences detected is almost the same for 
nationals and non-nationals as far as transport of passengers is concerned. Regarding transport 
of  goods,  the  number  of  offences  detected  during  controls  of  non-nationals  significantly 
exceeds  the  one  related  to  nationals.  In  Luxembourg,  the  total  number  of  non-nationals 
checked at the roadside outnumbers the one of nationals more than twice.  

In Slovenia too, the total number of non-nationals checked at the roadside exceeds the one of 
nationals substantially. 

As far as the Czech Republic is concerned, the number of offences detected is particularly low 
especially  in  the  light  of  the  extraordinarily  high  number  of  working  days  reported  to  be 
checked.  

In respect to the split of the controls of nationals and non-nationals it has to be reminded that 
the controls have to be carried out in a non-discriminatory manner. 

3. 

RELATION AND COOPERATION BETWEEN MEMBER STATES 

According  to  Article  5  (1)  of  Directive  88/599/EEC  on  standard  checking  procedures  they 
were  to  undertake  concerted  actions  at  least  twice  a  year.  Under  Article  5  of  Directive 
2006/22/EC  on  minimum  conditions  for  the  implementation  of  Regulations  (EEC)  No 
3820/85  and  (EEC)  No  3821/85  this  minimum  number  of  concerted  checks  increases  to  six 
times per year from 2007 onwards. 

However,  only  Austria  explicitly  reported  to  have  taken  part  in  cross-border  checks.  These 
controls were coordinated by Euro Control Route (ECR). Concerted controls were carried out 
together  with  the  German  Federal  Office  for  the  Transport  of  Goods  (Bundesamt  für 
Güterverkehr –BAG). 

4. 

COMMENTS AND CONCLUSIONS 

4.1. 

Proposals from Member States 

No proposals were made by the Member States in their national reports. 

4.2. 

Comments 

Although the provisions relating to driving times and rest periods have been in force now for 
almost  thirty  years,  there  is  still  some  difference  in  the  performance  of  Member  States 
enforcing them. This is detrimental to the goals of enhancing road safety and fair competition, 
and improving drivers' working conditions. 

On 11 April 2007 and 1 May 2006 respectively, the new legal provisions of Regulation (EC) 
No.  561/2006  on  driving  time  and  rest  periods  and  Directive  2006/22/EC  on  minimum 
conditions for the implementation of Regulations (EEC) No 3820/85 and (EEC) No 3821/85, 
have  entered  into  force.  However,  with  the  digital  tachograph  being  compulsory  since  May 

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2006  for  new  vehicles,  the  enforceability  of  the  rules  on  driving  time  and  rest  periods  has 
substantially improved.  This  might be one of the reasons  for the slight decrease of the total 
number of offences reported. 

Further  improvement  is  being  expected  from  the  new  provisions  that  entered  into  force  in 
2006 and 2007. 

4.2.1.  Data Submission 

The  lack  of  punctuality  in  the  provision  of  information  by  some  Member  States  to  the 
Commission  hinders  the  compilation  of  the  report  at  an  early  stage.  In  addition,  the 
submission  of  data  diverting  from  the  standard  reporting  format  or  incomplete  data 
additionally hampers a comprehensive comparison between countries.  

Specific  questions  related  to  the  accuracy  and  plausibility  of  data,  as  described  in  detail  in 
chapters 2.1 and 2.2, should be addressed by the Member States concerned. 

The  Member  States  are  reminded,  that  the  submission  of  complete  reports  according  to  the 
standard reporting format is an obligation for the Member States stemming from Regulation 
(EEC) No. 3820/85. 

A new reporting format was introduced in order to take account of the developments in the 
Community  rules  on  driving  times  and  rest  periods.  The  new  reporting  requirements 
established by a Commission Decision of 22 September 200814, based upon Regulation (EC) 
No  561/2006  on  driving  times  and  rest  periods  and  Directive  2006/22/EC  on  minimum 
conditions for the implementation of Regulations (EEC) No 3820/85 and (EEC) no 3821/85 
cover  in  particular  information  on  national  exceptions  granted  by  Member  States  under 
Article 13(1) of Regulation (EC) 561/2006 and more precise details of checks undertaken on 
vehicles.  In  addition,  a  reporting  format  on  the  implementation  of  Directive  2002/15/EC  is 
also provided for. 

4.2.2.  Checks 

Most Member States remained more or less stable in their number of checks. 

Austria, Italy, France and Spain increased the number of their checks, whereas Luxembourg 
and  Germany  indicated  a  decrease  around  3%.  In  the  previous  reporting  period,  Germany 
checked  5.06%  of  all  working  days,  whereas  during  the  current  reporting  period  only  2.3% 
were checked. In Luxembourg, the percentage of working days checked decreased from 4% in 
2003-2004 to 1.72% during the current reporting period. While Luxembourg did not deliver 
any explanation in its report, Germany indicated that the number of vehicles falling under the 
scope of Regulation (EEC) No. 3820/85 and therefore the number of minimum controls had 
almost doubled since the last reporting period. 

Almost all Member States passed the basic standard  of  1  %  of  working days checked, with 
Austria, France, Germany, Italy, Poland and Spain exceeding the 2% mark. 

14 

Commission Decision of 22.IX.2008 drawing up the standard reporting form referred to in Article 17 of 
Regulation (EC) No 561/2006, (C(2008)5123 final) 

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However, a number of Member States did not comply with the legal provisions as regards the 
minimum number of working days to be checked.  

The fewest checks were carried out by Cyprus (0.06%), Portugal (0.17%), Estonia (0.65%), 
Ireland  (0.70%),  the  Netherlands  (0.89%)  and  Sweden  (0.97%).  Taking  into  account  the 
previous reporting period, these Member States are called upon to urgently take the necessary 
corrective measures. Portugal and Sweden failed to comply with their control obligations for 
the  second  time  in  a  row  (2003-2004:  0.21%  and  0.98%  respectively).  The  Netherlands, 
having  passed  the  1%-mark  in  the  previous  reporting  period,  reported  a  serious  fallback. 
Given  the  weak  performance  of  the  countries  mentioned,  it  is  to  be  expected  that  they  will 
face serious difficulties in meeting the new 2%-mark, valid as of 1 January 2008, as foreseen 
by  Directive  2006/22/EC  on  minimum  conditions  for  the  implementation  of  Regulations 
(EEC) No 3820/85 and (EEC) No 3821/85. 

4.2.3.  Offences 

All in all it can be said, that there has been a decrease in the total of offences detected, even 
though the new Member States had to submit their reports for the first time15.  

The data analysed show that there has been an increase in offences detected in the following 
Member states: Austria, Netherlands, Spain and the United Kingdom. Whereas for example in 
Austria and the United Kingdom, also the total number of checks increased, that number had 
decreased  concerning  the  Netherlands.  In  case  of  Spain  the  number  of  offences  detected 
almost doubled, whereas the total number of working days controlled only increased by a bit 
less than one fifth in the EU and Switzerland.  

With most Member States reporting a decrease of the number of offences detected, also the 
total  number  of  offences  detected  decreased  as  well.  Whereas  in  2003-2004  Member  States 
reported  a  total  of  1185395,  the  total  for  2005-2006  amounts  to  1016755  (Switzerland 
reported 14913), even though the regional scope of Regulation (EEC) 3820/85 had increased 
by the accession of 10 new Member States in 2004. A possible reason for this development 
may  be  the  first  positive  effects  of  the  introduction  of  the  new  digital  tachograph,  which 
enables a better enforcement and compliance with the social legislation in the road transport 
sector. 

It is difficult to review the development between the years 2005 and 2006, as many Member 
States did not split up there reports, as this is not mandatory. 

The most frequent infringement concerned breaks, which constituted 41.81% of the offences 
detected.  In  the  previous  period,  only  36.36%  of  the  offences  detected  related  to  breaks.  In 
2003-2004, rest periods had the highest proportion among the offences detected (36.76%). 

The  likeliness  of  detecting  an  offence  during  a  control  of  working  days  was  the  highest  in 
Slovakia  (18.41),  Romania  (8.48)  and  Germany  (5.36),  whereas  the  risk  of  detecting  was 
particularly low in Latvia (0.06), Lithuania (0.5) and Portugal (0.61). 

15 

The quality of the data from most Member States is sufficient. Greece – just like for the period 2003-
2004 - did not submit any data. Denmark submitted incomplete data concerning non-nationals. In the 
case of Slovenia there was no clear separation between nationals, EU Member States and third countries 
within the sectors of passenger and goods transport 

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4.2.4. 

Interpretation  of  Council  Regulations  No.  3820/85  and  3821/85  through  rulings  of 
the Court of Justice 

Since  the  last  report  there  have  been  three  judgements  of  the  ECJ  relating  to  Regulation 
(EEC) 3820/85. The first one was case C-372/03 of 15 September 2005 (Commission of the 
European  Communities  v  Federal  Republic  of  Germany).  The  question  put  to  Court 
concerned  the  fact  that  Germany  allegedly  was  in  breach  of  Article  5  (1)(b)  of  Regulation 
3820/85 by issuing driving licences for vehicles in categories C1 or C1+E to drivers aged less 
than 18. 

The  Court  declared  that  neither  Directive  91/439  on  driving  licences  nor  Regulation  No 
3280/85 on the harmonisation of certain social legislation relating to road transport provided 
for  the  possibility  of  derogating  from  the  minimum  age  of  18  years  for  the  issue  of  driving 
licences for vehicles in categories C1 and C1+E. 

In another case, C-93/05 (Teemu Hakala v Oy L. Simons Transport Ab) concerning Article 10 
of Regulation 3820/85 the Court concluded that a pay scheme based on distances covered is 
contrary to that provision, unless such a scheme is of a kind as not to endanger road safety. It 
is for the national court to ascertain, in view of all the circumstances of the case in the main 
proceedings, whether that is the case. 

In  case  C-128/04  of  17  March  2005  (Raemdonck  and  Raemdonck  Janssens)  the  Court  of 
Justice  ruled  that  the  terms  ‘material  or  equipment’  in  Article  13(1)(g)  of  Regulation  No 
3820/85 on the harmonisation of certain social legislation relating to road transport must be 
construed as covering not only ‘tools and instruments’, but also the goods, such as building 
materials or cables, which are required for the performance of the work involved in the main 
activity  of  the  driver  of  the  vehicle  concerned.  Such  an  activity,  which  for  the  purposes  of 
Article 13  (1)  (g)  cannot consist of driving the  vehicle, must constitute the  main activity of 
that driver and not that of the undertaking concerned. 

4.2.5.  Amendments to the legislation 

A new Regulation (EC) No 561/2006 on driving times and rest periods entered into force on 
11 April 2007, apart from those provisions concerning the digital tachograph, which entered 
into force on the earlier date of 1st May 2006. This Regulation clarifies and updates the 20-
year-old  legislation.  It  aims  at  enhancing  road  safety,  drivers'  working  conditions  and  fair 
competition within Member States.  
Apart from the improved social and safety conditions, the new measures also ensure strict and 
harmonised  enforcement  of  these  rules.  The  Regulation  strengthens  provisions  on  employer 
liability and prepares the ground for common sanctions in respect of serious infringements. 

The  new  Directive  2006/22/EC  on  minimum  conditions  for  the  implementation  of 
Regulations  (EEC)  No  3820/85  and  (EEC)  No  3821/85,  repealing  Directive  88/599/EC, 
entered  into  force  on  1  May  2006  with  a  transposition  deadline  of  1  April  2007.  The  new 
Directive increases the required minimum quantity of checks gradually from 1 % to 3 % of 
total  days  worked  by  professional  drivers  in  2010.  Within  this  overall  percentage,  the 
minimum percentage devoted to roadside checks is changed from 15 % to 30 % and the figure 
for checks at the premises rises from 25 % to 50 %. 

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4.2.6.  Conclusions 

During  the  reporting  period,  a  slight  decrease  of  the  number  of  offences  was  observed. 
Whereas the total number of offences detected in the previous reporting period amounted to 
1185395,  the  total  number  of  infringements  detected  in  2005-2006  was  1016755.  The  next 
report will show, whether this evaluation is a sustainable trend. In the next report, the positive 
effects of the new legislation, especially of the digital tachograph, should be fully measurable. 

With 425195 infringements recorded, or 41.81% of all offences detected, the respect of breaks 
is the most critical point. During the last reporting period, the biggest point of concern was the 
respect of rest periods. 

An  effective  application  of  the  rules  on  driving  times,  breaks  and  rest  periods  is  of  utmost 
importance.  The  Commission  therefore  requests  all  those  Member  States  who  do  not  yet 
comply with the new provisions on increased intensity of checks, to increase the quantity of 
checks. Furthermore, anincrease of the number of concerted checks and cooperative initiatives 
promoting exchanges of information and personnel between the Member States is mandatory. 
These  actions  will  contribute  to  enhancement  of  enforcement  activities  and  will  lead  to 
harmonised and better implementation of the Regulation's provisions. 

The next report will cover the reporting period 2007-2008. It will be the first report under the 
new  Regulation  (EEC)  No.  561/2006  on  driving  times  and  rest  periods.  Member  States  are 
requested to ensure that the reports are submitted at the latest by 30 September 2009. 

Not all Member States reached the stipulated minimum level of control of the days worked by 
drivers. Given that the majority of Member States, who complied with their legal obligation, 
just  passed  the  threshold,  the  Commission  recommends  to  Member  States  to  increase  their 
efforts, as the legally required quantity of checks is set to practically triple to 3% by 2010. 

For the sake of fair competition, equal social standards and road safety it is indispensable that 
all Member States comply with the provisions concerning the number of checks. 

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