Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EC) No 561/2006 as regards on minimum requirements on maximum daily and weekly driving times, minimum breaks and daily and weekly rest periods and Regulation (EU) 165/2014 as regards positioning by means of tachographs
Date: 2017-05-31
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: carriage of goods, carriage of passengers, carrier, digital technology, drivers, driving period, rest period, road transport, speed control, working conditions

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   EUROPEAN COMMISSION  Brussels, 31.5.2017  COM(2017) 277 final 2017/0122 (COD)   Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EC) No 561/2006 as regards on minimum requirements on maximum daily and weekly driving times, minimum breaks and daily and weekly rest periods and Regulation (EU) 165/2014 as regards positioning by means of tachographs  {SWD(2017) 184 final} {SWD(2017) 185 final} {SWD(2017) 186 final} {SWD(2017) 187 final}  
 
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

The driving and resting times of drivers have been regulated under EU law since 1969. Today, 
Regulation  (EC)  No  561/20061  (the  'Driving  Time  Regulation')  establishes  minimum 
requirements  on  maximum  daily  and  weekly  driving  times,  minimum  breaks  and  daily  and 
weekly  rest  periods.  It  also  requires  use  of  a  tachograph  as  the  main  tool  for  checking 
compliance  with  those  requirements.  Successive  regulations  have  been  adopted  to  adapt 
tachographs  to  technological  developments,  the  latest  being  Regulation  (EU)  165/2014  on 
tachographs  in  road  transport  (the  'Tachograph  Regulation').  This  introduced  the  'smart 
tachograph' connected to a positioning service based on a satellite navigation system.  

Both the Driving Time and the Tachograph Regulations are part of a wider effort to improve 
the working conditions of drivers, ensure fair competition between operators and improve the 
road  safety  of  European  roads.  Tighter  requirements  for  tachograph  use  have  gradually 
contributed to more efficient and consistent enforcement throughout the EU. 

An  ex-post  evaluation  of  the  social  legislation  in  road  transport  and  its  enforcement,  which 
was  carried  out  in  2015-20172  as  part  of  the  Regulatory  Fitness  Programme  (REFIT), 
concluded  that  the  Driving  Time  Regulation  has  been  only  partly  effective  in  improving 
drivers' working conditions and ensuring fair competition between operators. Road safety had 
improved over that period, but of course these improvements cannot be assigned solely to that 
Regulation.  

The main difficulties encountered are linked to the shortcomings of the rules themselves, but 
also  insufficient  enforcement  and  their  inability  to  address  the  emerging  social  and  market 
challenges faced by the sector. The objective of this proposal, which is a REFIT initiative3, is 
to  rectify  the  identified  shortcomings    and  to  help  improve  the  working  and  business 
conditions in the sector. This will be achieved by clarifying and updating certain provisions 
and  by  further  upgrading  the  use  of  current  and  future  tachographs  to  ensure  more  cost-
effective enforcement. 

• 

Consistency with other envisaged initiatives in the road transport sector 

This proposal is part of a broader ongoing review of the Union  road transport legislation. It is 
closely linked with the initiative to improve the  enforcement of the driving and resting time 
rules  and to establish sector-specific criteria for posting of workers in road transport. It is also 
closely linked to the ongoing review of the market rules on: access to the profession of road 
transport  operator  (Regulation  (EC)  No  1071/2009),  access  to  the  international  haulage 
market  (Regulation  (EC)  No  1072/2009)  and  access  to  the  international  passenger  market 
(Regulation (EC) No 1073/2009).  

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OJ L102, 11.4.2006, p.1 
The  ex-post  evaluation  covered  Regulation  (EC)  No  561/2006,  Directive  2006/22/EC  on  the 
enforcement of the provisions of the Regulation and Directive 2002/15/EC on the organisation of the 
working time of road transport mobile workers.  
Initiative no. 11 in annex 2 to the Commission Work Programme 2017. 

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Social  and  market  rules  constitute  a  comprehensive  and  coherent  legal  framework,  and 
enforcing  them  in  a  consistent  and  effective  way  is  key  to  creating  a  fair,  safe, 
environmentally  and  socially  sustainable  road  transport  sector.  None  of  those  initiatives  on 
their own can effectively address the ongoing social and market challenges.  

• 

Consistency with other Union policies 

The  proposal  contributes  to  two  of  the  priorities  of  this  Commission,  notably  creating  “a 
deeper and fairer internal market” and on "jobs, growth and investment". It is consistent with 
actions aimed at combatting social unfairness and unfair competition and at creating a social 
framework for new employment opportunities and fair business conditions. 

It  fits  with  the  objectives  of  the  Social  Agenda  of  the  Commission  as  one  of  its  aims  is  to 
ensure decent working conditions and appropriate social protection, and with the initiative on 
the  creation  of  an  EU  pillar  of  Social  Rights.  It  is  also  consistent  with  the  Charter  of 
Fundamental Rights of the European Union, Article 31 of which provides in particular for a 
right  to  daily  and  weekly  rest  periods.  The  provisions  contained  in  the  present  proposal 
concerning weekly rest are meant to enhance flexibility for operators while allowing workers 
to retain adequate rest periods and favouring the possibility to have this rest at home or in an 
adequate accommodation.  

The proposal contributes to the  REFIT Programme by clarifying and adapting certain social 
provisions and making  enforcement of them more cost-effective.   

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

This  proposal  amends  Regulations  (EC)  No  561/2006  and  (EU)  165/2014  and  is  therefore 
based on the same legal basis, namely Article 91(1) of the Treaty on the Functioning of the 
EU (TFEU)                                              

• 

Subsidiarity  

Under Article 4(2)(g) TFEU, the Union shares competence with Member States to regulate in 
the field of transport. However, existing rules can only be amended by the Union legislator. 

Shortcomings in the current legislation mean that Member States implement and enforce the 
EU  social  rules  differently.  Commission  guidelines  or  self-regulation  by  Member  States 
would not be adequate to ensure that the social rules in road transport are consistently applied 
and enforced throughout the Union. An action at the Union level is therefore justified. 

In line with Article 154 TFEU, which embodies the social partner organisations at European 
level  to  be  consulted  on  issues  concerning  employment  and  social  affairs  set  out  in  Article 
153 of the Treaty, the Commission will launch a consultation process to seek the views of the 
social  partners  on  the  possible  direction  of  Union  action  regarding  Directive  2002/15/EC, 
which complements provisions of Regulation (EC) No 561/2006. 

• 

Proportionality 

The  proposal  does  not  go  beyond  what  is  necessary  to  address  the  identified  problems  of 
inadequate working conditions for drivers and distortions of competition between operators.  

As  indicated  in  Section  7.2  of  the  impact  assessment,  the  proposal  implements  the  policy 
option  considered  the  most  suitable  and  proportionate  solution.  This  solution  provides  a 

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balance  between  improving  working  and  resting  conditions  for  drivers  while  enabling  the 
operators to organise transport operations as efficiently as possible, and enforcing the existing 
rules effectively and consistently across borders.  

The proposal focuses on simplifying and clarifying existing rules and adjusting certain rules 
to the needs of the sector. This will make the rules easier to comply with and to enforce in a 
coherent  manner  throughout  the  Union.  The  proposal  will  reduce  administrative  burden  for 
operators  and  ensure  that  the  requirements  for  administrative  cooperation  and  mutual 
assistance  between  Member  States  are  proportionate  to  the  problems  identified.  The  impact 
assessment  concluded  that  the  envisaged  policy  measures  will  have  no  disproportionate 
impact on SMEs. 

• 

Choice of the instrument 

As the proposal introduces a limited number of modifications to two interrelated regulations, 
the instrument chosen is also a regulation. Given the limited number of changes proposed, it 
does not appear necessary to recast the two regulations. 

3. 

• 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Ex-post evaluations/fitness checks of existing legislation 

The  Driving  Time  Regulation  was  subject  to  a  comprehensive  ex-post  REFIT  evaluation  in 
2015-20174 covering also Directive 2002/15/EC on the organisation of the working time and 
Directive  2006/22/EC  on  enforcement  of  social  legislation.  It  was  supported  by  an  external 
support study.  

The main issues, pertaining specifically to the Driving Time Regulation, were: 

-  divergent  interpretations  and  enforcement  of  the  provisions  on  the  regular  weekly  rest, 
leading to uncoordinated national measures and unequal treatment of drivers and operators; 

-  persisting  abuses  of  the  rules  on  driving  times,  breaks  and  rest  periods  due  to  a  lack  of 
flexibility in their application, in particular in unforeseen circumstances; 

-  lack  of  clarity  of  the  notion  of    'non-commercial'  carriage  and  operations  for  private 
purposes, leading to divergent interpretations and unequal treatment of drivers and operators; 

- provision on breaks not suitable for 'multimanning' (driving in a  team), leading to divergent 
enforcement practices; 

-  poor  administrative  cooperation  and  mutual  assistance  between  the  Member  States, 
hindering efficient and consistent cross-border enforcement. 

These  issues  have  adverse  effects  on  working  and  competition  conditions  and  indirectly 
hamper further improvements in road safety. 

The  Tachograph  Regulation  was  not  part  of  this  REFIT  ex-post  evaluation.  However,  the 
evaluation  revealed  that  one  shortcoming  of  the  enforcement  system  is  in  the  uneven  and 

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https://ec.europa.eu/transport/sites/transport/files/facts-fundings/evaluations/doc/2016-ex-post-eval-
road-transport-social-legislation-final-report.pdf 

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inefficient  use  of  control  tools  and  data  exchange  systems,  including  tachographs.  The 
functionalities of the current tachograph system could be better used until smart tachographs 
are installed and used more widely. 

• 

Stakeholder consultations 

Extensive stakeholder consultations were performed to prepare this proposal, in line with the 
minimum  standards  for  the  consultation  of  interested  parties  set  out  in  the  Commission 
Communication of 11 December 2002 (COM(2002) 704 final). 

The  consultation  process  involved    gathering  opinions  and  collecting  data.  All  the  relevant 
stakeholder  groups  were  asked  to  contribute  to  the  consultation  process:  national  transport 
ministries,  national  enforcement  authorities,  associations  representing  road  transport  freight 
and  passenger  transport  operators,  freight  forwarders,  shippers,  SMEs,  trade  unions,  drivers 
and other road transport workers.  

In  particular,  the  European  Social  Partners  have  been  extensively  consulted  throughout  the 
entire process. A variety of open and targeted consultation methods and tools were used: 

- 
A High Level Conference of 4 June 2015 on a 'Social Agenda for Transport' launched 
a  broad  debate  on  the  social  aspects  in  road  transport;  it  was  attended  by  some  350 
participants, mainly: decision makers, experts in transport and social partners.;  

- 
Dedicated  seminars  at  the  end  of  2015  which  gathered  industry  stakeholders, 
representatives  of  Member  States  and  the  the  European  Social  Partners.  The  discussions 
focused on the functioning of the social and internal market legislation in road transport ; 

- 
A Road Transport Conference on 19 April 2016. One of the workshops was dedicated 
to  the  internal  market  and  the  social  aspects  of  road  transport.  It  involved  around  400 
participants,  in  particular  representatives  of  the  Member  States,  members  of  the  European 
Parliament and key stakeholders who discussed the objectives and scope of the planned Road 
Initiatives; 

- 
Five  tailored  surveys  were  launched  to  gather  the  views  of  the  national  transport 
ministries (the focus was on the implementation and interpretation of the rules), enforcement 
authorities  (the  focus  was  on  enforcement  practices,  enforcement  costs  and  benefits), 
undertakings (the focus was on the impact of the legislation on the operators in the market), 
trade unions (the focus was on the impact of the legislation on drivers) and other stakeholders 
such  as  industry  associations  (the  focus  was  on  cross-cutting  views  on  the  effects  of  the 
legislation). In total 1 441 responses were received (of which 1 269 were from road transport 
undertakings).  

- 
Interviews with 90 stakeholders (of which 37 were with drivers) to gather insights on 
their experiences of how national bodies enforce EU road transport legislation, how effective 
this enforcemet is, and on any challenges with compliance.  

A  public  consultation5  between  5  September  and  11  December  2016,  aimed  at 
- 
confirming  the  problems  identified  in  the  ex-post  evaluation  and  identifying  potential 
solutions  to  them.  Of  the  1  378  responses  received  1  209  were  from  drivers,  operators, 

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Summary  of  findings:  http://ec.europa.eu/transport/modes/road/consultations/2016-social-legislation-
road_en 

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shippers,  forwarders  and  citizens  and  169  from  national  authorities,  enforcement  bodies, 
workers' organisations and industry associations; 

- 
A SME panel survey between 4 November 2016 and 4 January 2017. 109 respondents 
provided their views on the objectives of the revision of the legal framework and on potential 
solutions;  

-  
An  on-line  survey  of  drivers  (345  responses  were  received,  providing  views  on 
potential measures. However, these views were not fully representative, as 140 replies were 
from the Netherlands and 127 from the UK).   

- 
The  Commission  also  launched  a  survey  of  the  national  authorities  and  national 
enforcement  bodies  (41  responses  received  from  27  EU  Member  States  plus  Norway  and 
Switzerland), and operators' survey (73 responses, however again not fully representative as 
58 replies were from Hungary); and 

 Interviews  with  7  transport  companies,  9  national  industry  associations,  9  national 

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authorities, 4 national workers' unions and 6 European Social Partners.   

The  European  Social  Partners  in  the  road  transport  sector  were  also  regularly  informed  and 
consulted during several bilateral meetings with the Commission and at regular meetings of 
the  Sectoral  Social  Dialogue  Committee  on  Road  Transport  and  of  the  Social  Partners' 
working group. 

The consultation activities confirmed that main problems are:  
1) inadequate working conditions for drivers  
2) distortions of competition between transport operators; and  
3) regulatory burdens for operators and Member States.  

They also identified the main legal issues behind those challenges, i.e. unclear or unsuitable 
social rules, differing interpretations of the rules, inconsistent and ineffective enforcement and 
poor administrative cooperation between the Member States. 

As  regards  the  draft  policy  measures,  all  stakeholders  strongly  supported  strengthening 
enforcement  and  cooperation  between  enforcement  bodies,  although  some  national 
enforcement authorities raised concerns about potential additional enforcement costs. 

The issue of adequate rest facilities when taking a regular weekly rest was highlighted by the 
trade unions, national authorities, drivers, operators and associations representing operators. 

There  were  mixed  reactions  regarding  the  draft  measures  on  the  calculation  of  the  average 
weekly rest and on allowing further flexibility when applying the driving and rest time rules 
to  allow  the  drivers  to  reach  home  to  take  their  regular  weekly  rest.  Operators  and  drivers 
were  in  favour  of these  measures, while  the trade unions were  not  supportive and enforcers 
raised concerns about effectively monitoring compliance. 

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• 

Collection and use of expertise 

External  contractors  assisted  the  Commission  by  producing  a  support  study  for  the  ex-post 
evaluation in June 20166, and a separate support study for the impact assessment, which was 
completed in May 2017. 

• 

Impact assessment 

This  proposal  is  supported  by  an  impact  assessment,  which  has  received  a  positive  opinion 
with recommendations from the Regulatory Scrutiny Board. All the Board's main comments 
were  addressed  in  the  revised  version  of  the  impact  assessment  (see  Annex  1  to  the  impact 
assessment report).  

The impact assessment considered four policy options. The first three are cumulative in terms 
of increasing the level of regulatory intervention and expected impacts, while option four was 
horizontal and its measures could be combined with any of the three first options.  

The first policy option focused on clarifying the legal framework and improving cooperation 
between  enforcement  authorities.  The  second  focused  on  strengthening  enforcement.  The 
third policy package proposed substantive changes in the rules, in particular on performance-
based pay and derogations for domestic and international passenger transport by coach. The 
fourth policy option established sector-specific criteria for posting workers in road transport 
and  provides  for  specific  enforcement  measures.  It  included  three  variants  based  on  time 
thresholds.  

Policy  option  1  appeared  to  be  the  least  effective  in  addressing  the  legal  uncertainty  and 
inequality  between  drivers  and  operators.  This  was  mainly  because  the  measures  would  be 
voluntary and Member States could choose whether or not to introduce them. This voluntary 
approach would add to the concern of proliferation of national measures with which drivers 
and operators would have to cope. 

Policy  option  3  may  have  some  negative  side-effects  in  terms  of  the  working  conditions  of 
drivers  in  passenger  transport.  This  is  because  the  measure  on  delayed  weekly  rest  could 
increase  the  fatigue  index  by  20-  33  %  and  increase  risks  to  road  safety  by  4  -5  %.  These  
increased  fatigue  and  risk  indexes  would  go  together  with  a  3-5%  reduction  in  compliance 
costs for operators.  

The preferred option is a combination of policy option 2 and policy option 4. The impacts of 
policy option 4 strengthen the expected effects of policy option 2 by improving the working 
and resting conditions of drivers (decrease in fatigue index by 28% and in periods away from 
home by 43% for EU-13 drivers and by 16% for EU-15 drivers).  Combining policy options 2 
and 4 will also lead to synergy gains from more efficient monitoring of the rules on posting, 
thereby saving costs for operators. 

Combining policy options 2 and 4 is, overall, the most effective way to address the problems 
identified in the impact assessment. It is estimated that policy option 4 will bring savings for 
operators  that  provide  cross-border  road  transport  services,  of  around  EUR  785  million  per 
year as regards administrative costs. The savings from the measures in option 2 could not be 
quantified.  However,  it  is  expected  that  they  will  reduce  infringements  and  hence  decrease 

6 

Final  report  https://ec.europa.eu/transport/sites/transport/files/facts-fundings/evaluations/doc/2016-ex-
post-eval-road-transport-social-legislation-final-report.pdf  

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significant  non-compliance  costs.  In  addition,  policy  option  2  will  allow  more  efficient 
transport  operations  and  will  provide  an  incentive  for  more  frequent  returns  to  home  of  the 
driver.  Both  policy  options  will,  however,  trigger  slightly  increased  enforcement  costs  for 
national  authorities  (between  1,3%  and  8%)  in  the  transitional  period  when  introducing  the 
revised rules. Both will also increase slightly compliance costs for certain operators, because 
they will require them to pay accommodation for the regular weekly rest to be taken outside 
the vehicle (approximately EUR 50-160 per trip).  

The proposal is in line with the preferred option in the impact assessment. 

• 

Regulatory fitness and simplification 

The  proposal  pursues  the  REFIT  objective  of  increasing  effectiveness  of  legislation  and 
reducing regulatory burdens for businesses. It does so mainly by simplifying and adaptating 
the rules to the needs of the sector and by enhancing the use of digital recording equipment 
(tachographs) to make checks more efficient. While enforcement costs for national authorities 
are expected to increase slightly, this increase is justified by the improved working conditions 
of drivers and business conditions for operators. This will create savings in non-compliance 
costs. The proposal will also make enforcement more efficient, for example by improving the 
features of the future 'smart' tachograph. The proposal does not exempt micro-enterprises as it 
would lead to a risk of unequal competitive conditions and unequal working conditions.  

Fundamental rights 

The  proposal  contributes  to  the  objectives  of  the  Charter  of  Fundamental  Rights  and  in 
particular Article 31, which provides for the right to fair and just working conditions. 

4. 

BUDGETARY IMPLICATIONS 

The proposal will have no implications for the Union budget. 

5. 

• 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

Developments in the number, types and frequency of infringements against social rules will 
be  monitored  through  a  combination  of  national  implementation  reports  and  analysing  data 
from the EU enforcement organisations. The implementation and enforcement issues will be 
regularly monitored and assessed by the Committee on Road Transport.  

Other  market  developments  and  their  potential  impacts  on  working  and  competition 
conditions will be assessed based on relevant data collected for other initiatives, in particular 
the revision of the Regulation on access to international haulage market (Regulation (EC) No 
1072/2009) and the Regulation on access to the occupation of road haulier (Regulation (EC) 
No 1071/2009). 

• 

Detailed explanation of the specific provisions of the proposal 

The main elements of the proposal are: 

Regulation (EC) No 561/2006 

Article 3 

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Article  3(h)  is  amended  to  clarify,  in  line  with  the  Court  of  Justice  ruling  in  case  C-317/12 
Lundberg,  that  private  individuals  using  vehicles  which  would  fall  within  the  scope  of 
Regulation  (EC)  No  561/2006,  to  carry  private  belongings  for  their  own  purposes,  are  not 
obliged to record their driving times and rest periods and are therefore not obliged to have or 
use a tachograph or a driver's card.  

Article 4 

Article  4(r)  is  added  to  define  the  notion  of  'non-commercial'  carriage,  which  is  commonly 
used  in  this  Regulation,  because  not  having  a  uniform  definition  creates  uncertainties  and 
disparities in interpretation.  

Article 6 

Article 6(5) is amended to clarify the obligation and to harmonise the practice of recording a 
driver’s  other  work  than  driving  and  periods  of  availability.  Full  records  of  all  driver's 
activities,  and  not  only  driving,  which  is  automatically  recorderd  by  a  tachograph,  is 
important  to  effectively  monitor  a  driver's  working  patterns,  which  may  lead  to  fatigue  and 
create risks to road safety.   

Article 7 

A third paragraph is added to Article 7 to clarify that drivers driving in a team may take their 
obligatory  break  in  a  vehicle  which  is  driven  by  another  driver.  This  is  already  a  current 
practice following non-binding guidance from the Commission.   

Article 8 

Article  8  is  amended  to  clarify  and  adapt  the  weekly  rest  requirements  to  the  needs  of  the 
sector  and  to  actual  practice  in  arranging  transport  schedules,  in  particular  as  regards  long 
distance  transport  operations.  It  aims  to  improve  drivers'  resting  conditions  and  to  facilitate 
enforcement, in particular checking the compensation owed to the driver for reduced weekly 
rest.  

Article 8(6) is amended to clarify that drivers may arrange for their weekly rest periods in a 
more  flexible  manner  over  a  period  of  four  consecutive  weeks,  while  ensuring  that 
compensation  for  a  reduced  weekly  rest  is  taken  together  with  a  regular  weekly  rest  within 
three  weeks.  This  amendment  does  not  change  current  requirements  on  the  maximum  daily 
and weekly driving times. 

Article 8(7) is amended to specify that any compensation for a reduced weekly rest must be 
attached to a regular weekly rest of at least 45 hours. This will make  it easier to  check  rest 
taken in compensation and will allow drivers to benefit from an accumulated weekly rest.    

Article 8(8)a is added to clarify that a driver is not allowed to take a weekly rest of 45 hours 
or  more  in  a  vehicle,  and  that  the  employer  is  obliged  to  provide  a  driver  with  adequate 
accommodation with appropriate sleeping and hygiene facilities if drivers are not able to take 
a weekly rest at a private place of their choice.  

Article 8(8)b is added to further specify the obligation on transport undertakings to organise 
the drivers' work in such a way that they are able to return to their home for a weekly rest at 
least once within three consecutive weeks.  

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Article 9 

Article 9 is amended to adapt to the current practice of taking rest periods on ferry or on train. 
The current rules do not allow to record rest periods of 24 hours and longer taken partly on 
ferry  or  on  train  as  reduced  weekly  rest.  This  creates  unnecessary  burdens  for  drivers  and 
operators. The amendment, therefore, specifies that a driver accompanying a vehicle which is 
transported by ferry or train is also allowed to take also a reduced weekly rest on a ferry or 
train.  

Article 12 

Article  12(2)  is  added  to  help  a  driver  cope  with  unforeseen  circumstances  which  delay 
transport operation or prevent the driver from reaching his or her home to take a weekly rest. 
It  specifies  that  drivers  may  postpone  the  start  of  their  weekly  rest  to  reach  their  home 
provided that they comply with the daily and weekly driving time limits and with the required 
minimum duration of a weekly rest period.  

Article 14 

Article 14 is amended to specify that temporary exceptions from the general rules granted by 
Member  States  in  urgent  cases  must  be  appropriately  justified  by  the  exceptional 
circumstances and the urgency involved in addressing them. 

Article 15 

Article  15  adds  an  obligation  on  Member  States  to  inform  the  Commission  about  their 
national rules on driving times, breaks and rest periods applicable to the bus drivers exempted 
from the Regulation.  

Article 19 

Article 19 is amended to specify that national penalties imposed for infringing the Regulation 
should be proportionate to the seriousness of the infringement, as classified in relevant Union 
legislation. It also adds that any changes to the national penalty system should be notified to 
the Commission. 

Article 22 

Article 22 is amended to further deepen the administrative cooperation and exchange of data 
and information between Member States. The objective is to make the implementation of the 
provisions of this Regulation and cross-border enforcement more consistent and effective.  

Article  22(1)  is  amended  to  specify  that  mutual  assistance  between  Member  States  must  be 
provided promptly, within clearly specified deadlines under Directive 2006/22/EC.  

Article 22(2)(c) is added to clarify that the exchange of information also covers data on the 
risk rating  of undertakings and other information  necessary to ensure effective and efficient 
enforcement.  

Article 22(3)a specifies that assigned bodies for intracommunity liaison must be responsible 
for organising the smooth exchange of information.  

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Article 22(3)b is added to clarify that mutual assistance should be free of charge.  

Article 25 

Article 25(2) is amended to specify that in cases where it is necessary the Commission will  
adopt implementing acts to clarify any of the provisions of this Regulation. These acts should 
ensure uniform application and enforcement of the Regulation. 

Regulation (EU) 165/2014 

Article 8 

Article 8 is amended to further improve features of 'smart' tachographs to make it possible to 
more  precisely  position  vehicles  used  for  cross-border  transport  operations.  This  make  it 
easier to enforce  the social rules. 

Article 34 

Article 34 adds an obligation on drivers to record in a tachograph the position of their vehicle 
after  having  crossed  a  border,  at  the  earliest  suitable  stopping  place.  Doing  so  will  make  it 
easier to monitor compliance with the social rules. This obligation does not apply to drivers 
crossings. 
using 

tachographs  which 

automatically 

border 

'smart' 

record 

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2017/0122 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Regulation (EC) No 561/2006 as regards on minimum requirements on 
maximum daily and weekly driving times, minimum breaks and daily and weekly rest 
periods and Regulation (EU) 165/2014 as regards positioning by means of tachographs  

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 91(1) thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national parliaments, 
Having regard to the opinion of the European Economic and Social Committee7,  
Having regard to the opinion of the Committee of the Regions8,  

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

Good  working  conditions  for  drivers  and  fair  business  conditions  for  road  transport 
undertakings  are  of  paramount  importance  to  creating  a  safe,  efficient  and  socially 
accountable  road  transport  sector.  To  facilitate  that  process  it  is  essential  that  the 
Union  social  rules  in  road  transport  are  clear,  fit  for  purpose,  easy  to  apply  and  to 
enforce and implemented in an effective and consistent manner throughout the Union.  

Having  evaluated  the  effectiveness  and  efficiency  of  the  implementation  of  the 
existing set of Union social rules in road transport, and in particular Regulation (EC) 
No  561/2006  of  the  European  Parliament  and  of  the  Council9,  certain  deficiencies 
were  identified  in  the  existing  legal  framework.  Unclear  and  unsuitable  rules  on 
weekly rest, resting facilities, breaks in multi-manning and the absence of rules on the 
return  of  drivers  to  their  home,  lead  to  diverging  interpretations  and  enforcement 
practices  in  the  Member  States.    Several  Member  States  recently  adopted  unilateral 
measures  further  increasing  legal  uncertainty  and  unequal  treatment  of  drivers  and 
operators. 

(3) 

The  ex-post  evaluation  of  Regulation  (EC)  No  561/2006  confirmed  that  inconsistent 
and ineffective enforcement of the Union social rules was mainly due to unclear rules, 

7 
8 
9 

OJ C , , p. . 
OJ C , , p. . 
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). 

EN 

12 

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(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

(10) 

inefficient use of the control tools and insufficient administrative cooperation between 
the Member States.  

Clear,  suitable  and  evenly  enforced  rules  are  also  crucial  for  achieving  the  policy 
objectives  of  improving  working  conditions  for  drivers,  and  in  particular  ensuring 
undistorted competition between operators and contributing to road safety for all road 
users. 

The  existing  requirement  on  breaks  turned  out  to  be  unsuitable  and  impractical  for 
drivers  in  a  team.  Therefore,  it  is  appropriate  to  adapt  the  requirement  on  recording 
breaks to the specificity of the transport operations carried out by drivers driving in a 
team. 

Drivers engaged in long-distance international transport operations spend long periods 
away  from  their  home.  The  current  requirements  on  the  regular  weekly  rest 
unnecessarily prolong those periods. It is thus desirable to adapt the provision on the 
regular  weekly  rest  in  such  a  way  that  it  is  easier  for  drivers  to  carry  out  transport 
operations in compliance with the rules and to reach their home for a regular weekly 
rest, and be fully compensated for all reduced weekly rest periods. It is also necessary 
to provide that operators organise the work of drivers in such a way that these periods 
away from home are not excessively long.   

There are differences among Member States in the interpretation and implementation 
of the weekly rest requirements as regards the place where the weekly rest should be 
taken. It is therefore appropriate to clarify that requirement to ensure that drivers are 
provided  with  adequate  accommodation  for  their  regular  weekly  rest  periods  if  they 
are taken away from home.  

Drivers  are  often  faced  with  unforeseen  circumstances  which  make  it  impossible  to 
reach a desired destination for taking a weekly rest without violating Union rules. It is 
desirable  to  make  it  easier  for  drivers  to  cope  with  those  circumstances  and  enable 
them to reach their destination for a weekly rest without breaching the requirements on 
maximum driving times. 

To  reduce  and  prevent  diverging  enforcement  practices  and  to  further  enhance  the 
effectiveness and efficiency of cross-border enforcement it is crucial to establish clear 
rules for regular administrative cooperation between Member States. 

In order to ensure uniform conditions for the implementation of Regulation (EC) No 
561/2006  implementing  powers  should  be  conferred  on  the  Commission  in  order  to 
clarify any of the provisions  of that Regulation and to establish common approaches 
on their application and enforcement. Those powers should be exercised in accordance 
with Regulation (EU) No 182/201110. 

(11)  To  enhance  cost-effectiveness  of  enforcement  of  the  social  rules  the  potential  of  the 
current  and  future  tachograph  systems  should  be  fully  exploited.  Therefore  the 
functionalities  of  the  tachograph  should  be  improved  to  allow  for  more  precise 
positioning, in particular during international transport operations.   

10 

Regulation  (EU)  No  182/2011  of  the  European  Parliament  and  of  the  Council  of  16  February  2011 
laying down the rules and general principles concerning mechanisms for control by the Member States 
of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13). 

EN 

13 

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(12)  Regulations (EC) No 561/2006  and (EU) 165/2014 of the European Parliament and of 

the Council11  should therefore be amended accordingly.  

HAVE ADOPTED THIS REGULATION: 

Regulation (EC) No 561/2006 is amended as follows:  

(1) 

in Article 3, the following point (h) is replaced by the following: 

Article 1 

"(h) 

vehicles or combinations of vehicles used for the non-commercial carriage of goods;"  

(2) 

In Article 4, the following point (r) is added: 

"(r) 
'non-commercial carriage' means any carriage by road, other than carriage for hire or 
reward  or  for  own  account,  for  which  no  remuneration  is  received  and  which  does  not 
generate any income. 

(3) 

in Article 6(5), the first sentence is replaced by the following: 

"A driver shall record as other work any time spent as described in Article 4(e) as well as any 
time  spent  driving  a  vehicle  used  for  commercial  operations  not  falling  within  the  scope  of 
this  Regulation,  and  shall  record  any  periods  of  availability,  as  defined  in  Article  3(b)  of 
Directive  2002/15/EC,  in  accordance  with  Article  34(5)(b)(iii)  of  Regulation  (EU)  No 
165/2014. This record shall be entered either manually on a record sheet, a printout or by use 
of manual input facilities on recording equipment."; 

(4) 

in Article 7, the following third paragraph is added: 

"A  driver engaged  in  multi-manning  may  decide  to  take a  break  of  45  minutes  in  a  vehicle 
driven by another driver provided that the driver taking the break is not involved in assisting 
the driver driving the vehicle."; 

(5) 

Article 8 is amended as follows: 

(a) 

in paragraph 6, the first subparagraph is replaced by the following: 

"6. 

(a) 

In any four consecutive weeks a driver shall take at least: 

four regular weekly rest periods, or 

two  regular  weekly  rest  periods  of  at  least  45  hours  and  two  reduced  weekly  rest 

(b) 
periods of at least 24 hours.  

For  the  purposes  of  point  (b),  the  reduced  weekly  rest  periods  shall  be  compensated  by  an 
equivalent period of rest taken en bloc before the end of the third week following the week in 
question. 

(b)  paragraph 7 is replaced by the following: 

"7. Any rest period taken as compensation for a reduced weekly rest period shall immediately 
precede or follow a regular weekly rest period of at least 45 hours."; 

11 

Regulation (EU) No 165/2014 of the European Parliament and of the Council of 4 February 2014 on 
tachographs in road transport, repealing Council Regulation (EEC) No 3821/85 on recording equipment 
in road transport and amending Regulation (EC) No 561/2006 of the European Parliament  and of the 
Council on the harmonisation of certain social legislation relating to road transport (OJ L 60, 28.2.2014, 
p. 1). 

EN 

14 

   EN 

 
 
                                                 
(c) 

the following paragraphs 8a and 8b are inserted: 

"8a.  The regular weekly rest periods and any weekly rest of more than 45 hours taken in 
compensation for previous reduced weekly rest shall not be taken in a vehicle.They shall be 
taken in a suitable accommodation, with adequate sleeping and sanitary facilities; 

              (a)    either provided or paid for by the employer, or 

              (b)    at home or at another private location chosen by the driver. 

8b. 
A  transport  undertaking  shall  organise  the  work  of  drivers  in  such  a  way  that  the 
drivers are able to spend at least one regular weekly rest period or a weekly rest of more than 
45 hours taken in compensation for reduced weekly rest at home within each period of three 
consecutive weeks."; 

(6) 

in Article 9,  paragraph 1 is replaced by the following: 

"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  or  reduced  weekly  rest 
period, that period may be interrupted not more than twice by other activities not exceeding 
one hour in total. During that regular daily rest or reduced weekly rest period the driver shall 
have access to a bunk or couchette at their disposal."; 

(7) 

in Article 12, the following second paragraph is added: 

"Provided that road safety is not thereby jeopardised, the driver may depart from Article 8(2) 
and the second subparagraph of Article 8(6) to be able to reach  a suitable accommodation as 
referred  to  in  Article  8(8a)  to  take  a  daily  or  weekly  rest  there.  Such  a  departure  shall  not 
result in exceeding daily or weekly driving times or shortening daily or weekly rest periods. 
The  driver  shall  indicate  the  reason  for  such  departure  manually  on  the  record  sheet  of  the 
recording equipment or on a printout from the recording equipment or in the duty roster, at the 
latest on arrival at the suitable accommodation. 

(8) 

in Article 14, paragraph 2 is replaced by the following: 

"2. 
In  urgent  cases  Member  States  may  grant,  under  exceptional  circumstances,  a 
temporary  exception  for  a  period  not  exceeding  30  days,  which  shall  be  duly  justified  and 
notified immediately to the Commission."; 

(9) 

Article 15 is replaced by the following: 

"Article 15 

Member States shall ensure that drivers of vehicles referred to in Article 3(a) are governed by 
national  rules  which  provide  adequate  protection  in  terms  of  permitted  driving  times  and 
mandatory  breaks  and  rest  periods.  Member  States  shall  inform  the  Commission  about  the 
relevant national rules applicable to such drivers."; 

(10) 

in Article 19, paragraph 1 is replaced by the following: 

"1.  Member  States  shall  lay  down  rules  on  penalties  applicable  to  infringements  of  this 
Regulation and Regulation (EU) No 165/2014 and shall take all measures necessary to ensure 
that they are implemented. Those penalties shall be effective, proportionate to their gravity as 
determined in accordance with Annex III to Directive 2006/22/EC of the European Parliament 
and of the Council12, dissuasive and non-discriminatory. No infringement of this Regulation 

12 

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) No 3820/85  and  (EEC)  No  3821/85 

EN 

15 

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and Regulation (EU) No 165/2014 shall be subjected to more than one penalty or procedure. 
The Member States shall notify the Commission of those measures and the rules on penalties 
by  the  date  specified  in  the  second  subparagraph  of  Article  29.  They  shall  notify  without 
delay  any  subsequent  amendments  thereto.  The  Commission  shall  inform  Member  States 
accordingly."; 

(11) 

Article 22 is amended as follows: 

(a) 

 paragraph 1 is replaced by the following: 

"1.  Member  States  shall  work  in  close  cooperation  and  provide  each  other  with  mutual 
assistance  without  undue  delay  in  order  to  facilitate  the  consistent  application  of  this 
Regulation and its effective enforcement, in line with the requirements set out in Article 8 of 
Directive 2006/22/EC. 

(b) 

in paragraph 2, the following point (c) is added: 

other specific information, including the risk rating of the undertaking, liable to have 

"(c) 
consequences for compliance with the provisions of this Regulation."; 

(c) 

the following paragraphs 3a and 3b are inserted: 

"3a. 
For  the  purpose  of  the  exchange  of  information  within  the  framework  of  this 
Regulation,  Member  States  shall  use  the  bodies  for  intracommunity  liaison  designated 
pursuant to Article 7 of Directive 2006/22/EC."; 

"3b.  Mutual administrative cooperation and assistance shall be provided free of charge."; 

(12) 

in Article 25, paragraph 2 is replaced by the following: 

"2. 
In the cases referred to in paragraph 1 the Commission shall adopt implementing acts 
setting  out  common  approaches  in  accordance  with  the  advisory  procedure  referred  to  in 
Article 24(2)." 

Regulation (EU) No 165/2014 is amended as follows:  

(1) 

in Article 8(1), the second indent is replaced by the following: 

Article 2 

every three hours of accumulated driving time and every time the vehicle crosses the 

"– 
border;";  

(2) 

in Article 34(7), the first subparagraph is replaced by the following: 

The driver shall enter in the digital tachograph the symbols of the countries in which 
"7. 
the  daily  working  period  started  and  finished  as  well  as  where  and  when  the  driver  has 
crossed a border in the vehicle on arrival at the suitable stopping place. Member  States may 
require drivers of vehicles engaged in transport operations inside their territory to add more 
detailed geographic specifications to the country symbol, provided that those Member States 
have  notified  those  detailed  geographic  specifications  to  the  Commission  before  1  April 
1998.". 

concerning  social  legislation  relating  to  road  transport  activities  and  repealing  Council  Directive 
88/599/EEC (OJ L 102, 11.4.2006, p. 35). 

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Article 3 
This Regulation shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union. 

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 

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