CELEX: 51976PC0085
Language: en
Date: 1976-03-03
Title: PROPOSAL FOR A COUNCIL REGULATION ON THE HARMONIZATION OF CERTAIN SOCIAL LEGISLATION RELATING TO ROAD TRANSPORT

N o C 103/2                          Official Journal of the European Communities                                6. 5. 76
                                                              II
                                                     (Preparatory Acts)
                                               COMMISSION
              Proposal for a Council Regulation on the harmonization of certain social legislation
                                                 relating to road transport
                            (Submitted by the Commission to the Council on 9 March 1976)
THE COUNCIL OF THE EUROPEAN                                      Whereas, however, experience of the application of
COMMUNITIES,                                                      these Regulations has shown that in the interests of
                                                                  operating flexibility certain modifications should
Having regard to the Treaty establishing the European             be made; whereas these modifications can be made
Economic Community and in particular Article 75                   without detriment to the objectives of the existing
thereof,                                                          Regulations;
Having regard to the proposal from the Commission,                Whereas it is desirable to make reference in
                                                                  the definition of certain categories of services to
Having regard to the opinion of the European                      Council Regulation N o 117/66/EEC of 28 July 1966
Parliament,                                                       concerning the introduction of common rules for
                                                                 international passenger transport effected by coaches
Having regard to the opinion of the Economic and                  and omnibuses (4);
Social Committee,
                                                                 Whereas it is desirable to provide that certain cate-
Whereas Council Regulation (EEC) N o 543/69 of
                                                                 gories of vehicles are exempted from the scope of
25 March 1969 on the harmonization of certain                    the Regulation;
social legislation relating to road transport (*) was
adopted in pursuance of the Council Decision of
13 May 1965 on the harmonization of certain
                                                                 Whereas it is desirable to increase operating flexi-
provisions affecting competition in transport by                 bility by exempting vehicles on which a mechanical
rail, road and inland waterway (2), and in particular            control device as described in Article 1 or Article 20
Section III thereof; whereas this Regulation was
                                                                 of Council Regulation (EEC) N o 1463/70 of 20 July
amended by Council Regulations (EEC) N o 514/72
                                                                  1970 on the introduction of recording equipment in
and (EEC) N o 515/72 of 28 February 1972 ( 3 );
                                                                 road transport (5);
Whereas the objectives of these Regulations remain
valid, that is to eliminate disparities liable to cause          Whereas it is desirable to clarify the provisions
substantial distortion in competition in the transport           relating to the maximum period of driving time;
sector, to approximate provisions relating specifically
to working conditions so as to improve such pro-
visions and to enhance road safety;                              Whereas it is desirable, having regard to the technical
                                                                 improvement in vehicle construction, to have the
(!) OJ No L 77, 29. 3. 1969, p. 49.
(2) OJ No 88, 24. 5. 1965, p. 1500/65.                            (4) OJ No 147, 9. 8. 1966, p. 2688/66.
(3) OJ N o L 67, 20. 3. 1972, pp. 1 and 11.                       (5) OJ No L 164, 27. 7. 1970, p. 1.
 ---pagebreak--- 6. 5. 76                           Official Journal of the European Communities                            N o C 103/3
same rules as to breaks between driving periods for           HAS ADOPTED THIS REGULATION:
heavy and light vehicles;
                                                                                       SECTION I
Whereas it is desirable to supplement the provisions
in the existing Regulations concerning driving times                                   Definitions
by the notion of spreadover and to substitute the
notion of rest period for daily rest period;
                                                                                        Article 1
Whereas it is appropriate to take account of the time         In this Regulation:
a vehicle spends on a ferry-boat or a train in deter-
mining rest periods;
                                                                1. 'carriage by road' means any journey by road of
                                                                   a vehicle, whether laden or not, used for the
                                                                   carriage of passengers or goods;
Whereas it is desirable to provide by means of a
Community procedure that exemptions may be made
from all or certain provisions of the Regulation, for          2. 'vehicles' means motor vehicles, tractors, trailers
national transport in the case of exceptional circum-              and semi-trailers, defined as follows:
stances, for the transport of certain products, for
rules regulating drivers' hours and conditions in
                                                                   (a) 'motor vehicle': any mechanically self-pro-
temporary emergency situations for national trans-
                                                                        pelled vehicle circulating on the road, other
port in the case of difficulties which are serious and
                                                                        than a vehicle running on rails, and normally
liable to persist or difficulties which would lead to
                                                                        used for carrying passengers or goods,
a serious deterioration in the national or regional
economy;
                                                                    (b) 'tractor': any mechanically self-propelled
                                                                        vehicle circulating on the road, other than a
                                                                        vehicle running on rails, and specially
Whereas the Council, before 1 February 1977 must,                        designed to pull, push or move trailers,
acting on a proposal from the Commission, fix the                       semi-trailers, implements or machines,
length of spreadover, the length of the total weekly
spreadovers and the minimum duration of the rest
                                                                   (c) 'trailer': any vehicle designed to be coupled to
period for crew members of vehicles with a bunk
                                                                        a motor vehicle or a tractor,
 and manned by two drivers and that the Com-
 mission should consult both sides of the industry
 before establishing its proposal; whereas it is de-                (d) 'semi-trailer': a trailer without a front axle
 sirable to fix a minimum total number of days of                       coupled in such a way that a substantial part
 annual holiday and public holidays;                                     of its weight and of the weight of its load is
                                                                        borne by the tractor or motor vehicle;
 Whereas in order to avoid jeopardizing road safety,            3. 'crew member' means the driver, driver's mate,
 the payment of bonuses which would have this effect               and conductor, defined as follows:
 for distance covered and tonnage carried should be
 forbidden;                                                         (a) 'driver': any person who drives the vehicle
                                                                         even for a short period, or who is carried in
                                                                        the vehicle in order to be available for driving
                                                                         if necessary,
 Whereas it is only necessary to report to the Council
 and the Parliament every two years;
                                                                    (b) 'driver's mate': any person accompanying the
                                                                         driver of a vehicle in order to assist him in
                                                                         certain manoeuvres and habitually taking an
 Whereas it is desirable to consult government experts                   effective part in the transport operations, but
 on the application of the provisions of the Regulation;                 not being a driver within the meaning of (a),
                                                                    (c) 'conductor': any person who accompanies the
 Whereas it is desirable that the existing Regulations                   driver of a vehicle used for the carriage of
 and modifications should be adopted in a consoli-                       passengers and has the particular duty of
 dated Regulation replacing the previous Regulations,                    issuing and checking tickets;
 ---pagebreak--- No C 103/4                          Official Journal of the European Communities                                 6. 5. 76
 4. 'week': the period between 00.00 hours on                  carrying out international road transport (AETR)
    Sunday and 24.00 hours on Saturday;                        applies to international road transport coming from
                                                               or going to third countries who are parties to the
 5. 'rest period' means any uninterrupted period               Agreement.
    of at least eight hours during which the crew
    members may freely dispose of their time and are
    free to move about as they please;                                                  Article 3
 6. 'spreadover' means for each crew member, the               The Community shall enter into any negotiations
    period falling between the start and the end               with third countries which may prove necessary for
    of work. This period includes the time devoted by          the purpose of implementing this Regulation.
    the crew to taking charge of their vehicle or
    discharging themselves of responsibility for it over
    and above that which they normally spend getting                                    Article 4
    to and from work, when the vehicle is garaged at
    a place other than the normal work place and               This Regulation shall not apply to carriage by:
    the time of availability for work;
                                                                1. vehicles which, in construction and equipment,
 7. 'break' means any period during the spreadover                  are suitable for carrying not more than nine
    of less than eight hours but at least 15 minutes                persons including the driver and are intended
     during which the crew member may dispose                       for that purpose;
    freely of his time and movements;
                                                                2. vehicles which, in construction and equipment,
 8. (a) 'regular goods services' means transport                    are suitable for the carriage of not more than 12
          services operated at specified intervals along            persons including the driver and are used by their
          specified routes, goods being loaded and                  owners for exclusively private purposes; journeys
          unloaded at predetermined stopping points,                to convey employees by own account operators
     (b) 'regular passenger services' means the                     are not considered as being for exclusively private
          services defined in Article 1 of Regulation No            purpose;
          117/66/EEC,
                                                                 3. vehicles used for the carriage of goods, the
     (c) 'shuttle services' means the services defined              permissible maximum weight of which, including
          in Article 2 of Regulation No 117/66/EEC,                 any trailer or semi-trailer, does not exceed 3-5
                                                                    metric tons;
     (d) 'irregular passenger services' means the
          services defined in Article 3 of Regulation
                                                                4. vehicles used for the carriage of passengers on
          No 117/66/EEC;
                                                                    regular services where the route covered by the
                                                                    service in question does not exceed 50 km;
 9. 'permissible maximum weight' means the
    maximum authorized operating weight of the                  5. service vehicles used by the police, gendarmerie,
    vehicle fully laden;                                            armed forces, fire brigades, civil defence, drainage
                                                                    or flood-prevention authorities, water, gas or
10. 'bunk' means a berth upon which the member of                   electricity services, highway authorities, telegraph
     the crew can lie down with comfort.                            or telephone services, by the postal authorities for
                                                                    the carriage of mail, or by radio or television
                                                                    services; or other public authorities providing
                        SECTION II                                  pubtic services which are not in competition with
                                                                    private road transport;
                           Scope
                                                                 6. vehicles used for the carriage of sick or injured
                                                                    persons and for carrying rescue material, and
                         Article 2                                  specialized breakdown vehicles;
                                                                 7. tractors with a maximum authorized speed not
This Regulation shall apply to carriage by road in                  exceeding 30 km per hour;
respect of any journey or part of a journey made
within the Community by vehicles registered in a                 8. tractors used exclusively for local agricultural
Member State or in a third country.                                 and forestry work;
However, from 1 July 1976 the provisions of the                  9. vehicles used to transport circus and fun-fair
European Agreement on the work of crews of vehicles                 equipment;
 ---pagebreak---  6. 5. 76                            Official Journal of the European Communities                           N o C 103/5
 10. vehicles undergoing workshop tests;                        4.     Where any driver engaged in the carriage of
                                                                passengers has reached the age of 21 years he shall
 11. mobile libraries and itinerant markets.                    be exempt from the conditions laid down in para-
                                                                graph 2 (a), (b) and (c) if he has carried on that
                                                                occupation for at least one year prior to 1 February
                                                                1977.
                        SECTION III
                                                                5.     Each Member State may, as regards those
                                                                persons residing within its territory who on
                            Crew                                1 February 1977 already held the requisite driving
                                                                licence, suspend application of the rules laid down in
                          Article 5                             paragraph 2 in respect of carriage within its own
                                                                territory.
 1.    The minimum ages for drivers engaged in the              6.     In the case of internal transport operations
 carriage of goods shall be as follows:                         carried out within a radius of 50 km from the place
                                                               where the vehicle is based, including municipalities
 (a) for vehicles, including, where appropriate, trailers      the centre of which is situated within that radius,
      or semi-trailers, having a permissible maximum           Member States may reduce the minimum age for
      weight of not more than 7-5 metric tons, 18              drivers' mates to 16 years, on condition that this is
      years;                                                   for purposes of vocational training and subject to the
 (b) for other vehicles:                                        limits imposed by their internal law on employment
                                                               matters.
     — 21 years, or
     — 18 years, provided the person concerned                                           Article 6
          holds a certificate of professional competence
                                                                1.     Where a driver is engaged in carriage by:
          recognized by one of the Member States
          confirming that he has completed a training           (a) a motor vehicle or tractor with more than one
          course for drivers of vehicles intended for the            trailer or semi-trailer;
          carriage of goods by road. The Council shall,
                                                                (b) a motor vehicle or tractor with one trailer or
          on a proposal from the Commission, lay
                                                                     semi-trailer where this combination is used for
          down the minimum level of such training by
                                                                     the carriage of passengers and the permissible
          1 August 1976 at the latest.
                                                                     maximum weight of the trailer or semi-trailer
                                                                     exceeds five metric tons;
Where, in accordance with Article 6, there are two
                                                               (c) a motor vehicle or tractor with one trailer or
drivers, one of the drivers shall have reached the age
of 21 years.                                                         semi-trailer where this combination is used for
                                                                     the carriage of goods and the permissible
                                                                     maximum weight of such combination exceeds
2.     Any driver engaged in the carriage of passengers             20 metric tons;
shall have reached the age of 21 years, and meet
one of the following conditions:                               and the distance to be covered during the spreadover
                                                               exceeds 450 km, that driver shall from the beginning
(a) he must have worked for at least one year in the           of the journey be accompanied by another driver or
     carriage of goods as a driver of vehicles with a          shall, oil reaching the 450th km, be relieved by an-
     permissible maximum weight exceeding 3-5 metric           other driver.
     tons;
                                                               2.     The provision of paragraph 1 is not applicable
(b) he must have worked for at least one year as a             to vehicles mentioned therein in which control equip-
     driver of vehicles used to provide the passenger          ment as provided for in Article 1 of Regulation (EEC)
     services referred to in Article 4 (4);                    No 1463/70 or as provided for in Article 20 (1) of
                                                               the same Regulation, is in operation.
 (c) he must hold a certificate of professional
     competence recognized by one of the Member
     States confirming that he has completed a                                        SECTION IV
     training course for drivers of vehicles intended
     for the carriage of passengers by road. The                               Spreadover and rest periods
     Council shall, on a proposal from the
     Commission, lay down the minimum level of
     such training by 1 August 1976 at the latest.                                      Article 7
                                                               Each member of the crew shall have his work
3.     The minimum age for drivers'            mates  and      arranged so that there are not more than six spread-
conductors shall be 18 years.                                  overs within each week and not more than 10
 ---pagebreak--- No C 103/6                        Official Journal of the European Communities                              6. 5. 76
spreadovers within two consecutive weeks. Each               of road safety and to the flexibility necessary for an
spreadover must come immediately before or                   appropriate operation of the undertakings.
immediately after a rest period; each week must
nonetheless contain a weekly, rest period.                                           Article 11
                                                             1.     The maximum length of the individual
                       Article 8                             spreadover for every crew member engaged in the
                                                             carriage of passengers by irregular services or by
1.    The spreadover of every crew member engaged            shuttle service shall be 12 hours.
in the carriage of goods and in the carriage of
passengers by regular services by vehicles manned by         2.     When, during the spreadover, crew members
one driver or by vehicles with a bunk and manned by          take breaks additional to those referred to in
two drivers shall not exceed 12 hours.                       Article 17 of at least 30 minutes, the spreadover may
                                                             be prolonged by a corresponding period of up to two
2.    When during the spreadover, crew members               hours.
engaged in the carriage of goods, in order to divide
up the journey as they see fit, take breaks additional       3.     However, for each crew member the total length
to those referred to in Article 17 of at least 30            of all spreadovers within any one week shall not
minutes, the spreadover may be prolonged by a                exceed 65 hours.
corresponding period of up to two hours. This
procedure shall not be used more than twice per week                                 Article 12
and must not be on consecutive days.
                                                             Every crew member engaged in the carriage of
3.    The maximum length of the individual spread-           passengers shall have an individual rest period of not
over for crew member engaged in the carriage of              less than 11 hours; this rest period may be reduced
passengers by regular services may be increased twice        to 10 hours not more than three times in any one
a week to 14 hours; this increase may not however            week.
be taken advantage of on consecutive days.
                                                                                     Article 13
4.    However, for every crew member referred to in
paragraph 1, the total length of all spreadovers             The rest period shall be taken outside the vehicle.
within any one week shall not exceed 60 hours.               However if the vehicle has a bunk the rest period
                                                             may be taken on that bunk provided that the vehicle
                                                             is stationary.
                       Article 9
                                                                                     Article 14
1.    Every crew member engaged in the carriage of
goods by vehicles manned by one driver and by                In addition to the minimum individual rest periods
vehicles without a bunk with two drivers, shall have         referred to in Articles 9 and 12 every crew member
an individual rest period of not less than 11 hours.          shall have a weekly rest period of not less than
                                                             29 consecutive hours which shall be immediately
2.    The rest period referred to in paragraph 1 may         preceded or followed by an individual rest period.
be reduced to eight hours, not more than twice in any
one week and not consecutively, when such rest is                                    Article 15
taken elsewhere than at the place where the crew or
the vehicle is based.
                                                             1.    Where a crew member engaged in the carriage
                                                             of goods or passengers accompanies a vehicle which
                       Article 10                             is transported by ferry-boat or by train, his free
                                                             time on board the ferry-boat or on the train shall be
Before 1 February 1977 the Council acting on a               considered as rest period provided that this free time
proposal from the Commission will fix the length             corresponds in length to that contained in Articles 9
of spreadover, the length of the total of weekly             and 12 respectively.
spreadovers and the minimum duration of the rest             2.     By derogation from the provisions of Articles 9
period for crew members of vehicles with a bunk              and 12 the crew members may reduce the rest period
manned by two drivers.                                       spent on board a ferry-boat or on a train to eight
                                                             hours up to three times in any one week.
In establishing its proposal and after consulting both
sides of industry at Community level, the Commission         3.     All free time of less than eight hours spent
will have regard to social progress, the requirements        aboard a ferry-boat or on a train shall be regarded
 ---pagebreak--- 6. 5. 76                           Official Journal of the European Communities                           No C 103/7
as a break. A crew member engaged in the carriage                                  SECTION VII
of passengers may, by derogation from the provisions
of Articles 8 and 11, extend his spreadover, not more
than twice in any one week, by the break spent                                 Prohibition of bonuses
aboard the ferry-boat or on the train up to a
maximum of two hours.                                                                Article 19
                                                              It is forbidden to make payment to salaried crew
                      SECTION V
                                                              members according to distances travelled and/or the
                                                              amount of goods carried, unless such payments are
              Driving periods and breaks                      of a kind as not to endanger road safety.
                       Article 16
                                                                                   SECTION VIII
1.     The total period of time spent behind the wheel
during the spreadover shall not exceed eight hours.                          More restrictive provisions
This period may be extended, not more than twice in
any week, to nine hours.
                                                                                      Article 20
2.     The total period of time spent behind the  wheel
may in no case exceed 48 hours in any one          week       1.     Each Member State may apply provisions which
of 92 hours in any two consecutive weeks.          From       have:
 1 January 1979 the total time spent behind the   wheel
shall not exceed 46 hours in any one week.
                                                              — lower maxima than those laid down in Articles 7,
                                                                   8, 11 and 16,
                       Article 27
                                                              — higher minima than those laid down in Articles 5,
 1.    Every crew member shall take a break of at                  9, 12, 14, 17, and 18 and may refrain from
least 30 minutes during every period of four and a                 applying Article 6 (2).
 half hours within the spreadover. There shall not be
 more than four hours of spreadover between two               2.     The provisions that a Member State takes under
 breaks.                                                      paragraph 1 cannot be imposed on crew members
                                                              carrying out international transport in vehicles
 2.    The break referred to in paragraph 1 may be            registered in another Member State; in that case, the
 replaced by two breaks of not less than 20 minutes            Member State in question may only control the
 each or by three breaks of not less than 15 minutes          maxima and minima of this Regulation.
 each.
                                                                                      Article 21
                      SECTION VI
                                                              Every two years the Commission will present to the
                                                               Council and to the European Parliament a report
                      Annual leave                             on the development of the social situation in the
                                                               fields covered by this Regulation.
                        Article 18
 1.    Every crew member shall have a minimum of                                    SECTION IX
 28 days of annual leave and public holidays.
                                                                                      Exceptions
 2.    Weekly rest periods shall not be included in
 those 28 days.
                                                                                       Article 22
 3.    Every crew member shall be entitled to at least
 two continuous weeks of annual leave.                         Provided that road safety is not thereby jeopard-
                                                               ized, the driver may, in case of danger, in circum-
 4.    The provisions of paragraphs 1, 2 and 3 do not          stances outside his control, to render assistance, or as
 apply to self-employed crew members.                          a result of a breakdown, and to the extent necessary
 ---pagebreak--- No C 103/8                         Official Journal of the European Communities                               6. 5. 76
to ensure the safety of persons, of the vehicle or of             provisions applicable to such transport operations
its load, and to enable him to reach a suitable                   such as will ensure that standards of employee
stopping place or, according to circumstances, the                protection and road safety are not impaired.
end of his journey, depart from the provisions of
Article 6, Section IV and from Article 16. The driver
                                                              5.    In order to ensure transport for supplying the
shall indicate the nature and reasons for such
                                                              population during emergency situations of a tem-
departure in the individual control book, or on
                                                              porary character, Member States may, in national
the record sheet of the recording equipment.
                                                              transport authorize temporary derogations from
                                                              Sections IV and V of this Regulation.
                       Article 23
                                                              Member States will communicate without delay the
  1.    At the request of a Member State, the                 measures taken to the Commission who may modify
Commission may, for certain national transport,               or revoke them.
authorize derogations from the maxima and minima
of Section IV of this Regulation.
                                                                                    SECTION X
The request can only be made where the two sides
of industry of the Member State have already made                         Control procedures and penalties
a similar request to the government.
                                                                                     Article 24
2.     For transport carried out within a radius of
50 km from the place where the vehicle is based
including municipalities, the centre of which is              1.    Crew members of a vehicle not assigned to a
situated within that radius, Member States may, after         regular service shall carry an individual control book
consultation of the Commission and a hearing of               conforming to the model in the Annex to this
both sides of industry, grant derogations, which must         Regulation. That Annex forms an integral part of
be limited to the requirements of the transport              this Regulation.
operations concerned, from the provisions of Sections
IV of this Regulation for the following goods                 However, in the case of drivers of vehicles registered
transports:                                                   in a third country which is not a party to the AETR
                                                              Agreement, the Commission shall, on the application
 (i) transport of milk from farm to dairy;                    of a Member State, approve a control book of a
                                                              model different from the model shown in the Annex,
                                                              on condition that such model does not differ in
(ii) transport of other agricultural and horticultural
                                                              essential points from the model laid down by the
      produce by the producer during harvesting
                                                              Community. The Commission shall notify the other
      periods.
                                                              Member States accordingly.
3.     The derogations provided for in paragraphs 1
and 2 will only be granted when they are linked to            2.    Members of the crew shall from day to day
compensation in terms of time which reduces the               enter in the daily sheets of the individual control
total length of weekly spreadovers and thus maintains         book details of the following periods:
the overall level of social protection and road safety.
                                                              (a) under the symbol P-         :
4.     Until the compulsory installation of the recor-
ding equipment provided for in Article 1 of                        rest periods;
Regulation (EEC) N o 1463/70, Member States may
authorize derogations from the provisions of Article          (b) under the symbol             :
24 for national goods transports carried out within a
                                                                  breaks;
radius of 50 km from the place where the vehicle is
based including municipalities, the centre of which is
situated within that radius provided:                         (c) under the symbol
                                                                  driving periods;
— that the vehicles in question are fitted with
     recording equipment conforming to Article 20 of
     that Regulation, or                                      (d) under the symbol    0
                                                                   other periods of attendance at work.
— that Member States, after consulting the
     Commission, take appropriate measures to keep            3.    Each Member State may prescribe, in respect of
     an effective check on compliance with the                individual control books issued in its territory, that
 ---pagebreak---  6. 5. 76                           Official Journal of the European Communities                            No C 103/9
 the periods covered by paragraph 2 (d) should be              8.    All completed individual books shall be kept by
 subdivided so as to show separately:                          the undertaking for at least one year.
 (a) under the symbol lx        :                              9.    Member States shall take all necessary measures
                                                               concerning the issue and control of the books.
      — waiting time, that is to say the period during
          which crew members must be at their place of                                Article  25
          work only for the purptise of answering any
          calls to carry out or resume any of the duties
          covered by paragraph 2 (c) or by                     1.    All operators of regular services shall draw up a
          subparagraph (b) of this paragraph,                  service time table and a duty roster.
      — time spent beside the driver while the vehicle        2.     The duty roster shall show, in respect of each
          is on the move,                                      crew member, the name, date of birth, place where
                                                               based and the schedule, which shall have been laid
                                                               down in advance, for the various periods of time
      — time spent on a bunk while the vehicle is on           covered by Article 24 (2) and (3).
          the move;
                                                              3.     The duty roster shall include all the particulars
 (b) under the symbol          :                               specified in paragraph 2 for a minimum period
                                                               covering both the current week and the weeks
      all other working periods.                               immediately preceding and following that week.
 4.    Any Member State may take the necessary                4.     The duty roster shall be signed by the head of
 measures to exempt crew members of vehicles,                  the undertaking or by a person authorized to
registered in its territory carrying out internal             represent him.
transport operations, from having to enter in the
daily sheets of the individual control book any period        5.     Each crew member assigned to a regular service
of time covered by paragraph 2 which can be suitably          shall carry an extract from the duty roster and a copy
recorded by means of recording equipment fitted on            of the service time table.
the vehicle and approved in accordance with Article
20 of Council Regulation (EEC) No 1463/70 of
20 July 1970 without prejudice to the implementation                                  Article 26
of that Regulation as a whole with effect from the
dates laid down in Articles 4 and 20 thereof.
                                                              1.     Every two years the Commission shall provide
                                                              the Council and the European Parliament with a full
Information thus recorded shall be shown in the               report on the application of this Regulation by the
weekly report in the individual control book.                 Member States.
5.     When crew members, subject to the provisions           When submitting the report, the Commission shall
of paragraph 4, are engaged in an international               make such proposals to the Council as it considers
transport operation, the periods of time thus recorded        necessary for progressive harmonization particularly
covering the seven previous days shall, in so far as          with regard to the maximum length of shifts.
they have not been entered in the weekly report in
accordance with the second subparagraph of
paragraph 4, be shown in the daily sheets of the              2.    In order to enable the Commission to draw up
individual control book.                                      the report referred to in paragraph 1, the Member
                                                              States shall send to the Commission every two years
                                                              all the necessary information in a standard return,
6.     Crew members shall produce the individual              the form of which shall be established by the
control book whenever required to do so by any                Commission after consultation with the Member
authorized inspecting officer.                                States.
7.     All undertakings shall keep a register of the
                                                                                     Article  27
individual books, which shall show the name of each
crew member to whom a book is issued, an acknow-
ledgement of receipt by the crew member, the number           1.    Member States shall, in due time and after
of the book, its date of issue and the date of the last       consulting the Commission, adopt such laws,
daily sheet completed. It shall be produced at the            regulations or administrative provisions as may be
request of any authorized inspecting officer.                 necessary for the implementation of this Regulation.
 ---pagebreak--- No C 103/10                        Official Journal of the European Communities                                6. 5. 76
Such measures shall cover, inter alia, the organization       protective measures which it considers necessary,
of, procedure for and means of control and the                specifying the circumstances and the manner in which
penalties to be imposed in case of breach.                    they are to be put into effect.
2.    Member States shall assist each other in
applying the provisions of this Regulation and                3.     Such protective measures may only apply up to
checking compliance therewith.                                and including 31 December 1977.
3.    If it is brought to the notice of the competent
authorities of a Member State that a breach of the                                   Article 29
provisions of this Regulation has been committed by
a crew member of a vehicle registered in another              At the request of a Member State or on its own
Member State, those authorities may notify the                initiative the Commission may consult government
authorities of the State where the vehicle is registered      experts on all questions relating to the application
of such breach. The competent authorities shall send          of this Regulation, in particularly those concerning
each other all the information in their possession            Articles 23 and 27.
concerning the penalties imposed for such breaches.
                      SECTION XI                                                     Article 30
                    Final provisions
                                                              1.     This Regulation enters into force on 1 July
                       Article 28                             1976. From that date Articles 1, 2, 5, 6, 27 (1) and 28
                                                              are applicable, on the same date Articles 2, 5 and 6
                                                              of Regulation (EEC) No 543/69 are repealed.
1.    In the event of the application of Regulation
(EEC) No 543/69 or this Regulation causing to the
transport industry difficulties which are serious and         2.    The remaining Articles of this Regulation are
liable to persist or difficulties which could lead to         applicable from 1 February 1977. On this date
serious deterioration in the situation of a national or       Articles 3, 4, 7 to 10, 11 paragraphs 1 to 3 and
regional economy, a Member State may apply for                paragraphs 5 and 6, 12 to 17 of Regulations (EEC)
authorization to take protective measures, including          No 543/69 and the Regulations (EEC) No 514/72
temporary suspension of some of the provisions of             and (EEC) No 515/72 are repealed.
this Regulation as they apply to national transport
on its territory in order to rectify the situation, to
such an extent and for such periods as are strictly           3.     This Regulation does not affect Regulation
necessary to permit the situation to be restabilized.         (EEC) No 1463/70.
2.    On application by the State concerned, the              This Regulation shall be binding in its entirety and
Commission shall determine without delay the                  directly applicable in all Member States.
 ---pagebreak--- 6.5. 76                           Official Journal of the European Communities                               N o C 103/11
                                                      ANNEX
                                           INDIVIDUAL CONTROL BOOK
                                               GENERAL PROVISIONS
        Reminder of the provisions of laws and regulations
        1. It is desirable that the individual control book should contain a reminder of the principal
           provisions to be observed by crew members.
        Numbering of book
        2. The individual control book shall be numbered by perforation or stamping.
        Format of book
        3. The individual control book shall have the standard A6 format (105 X 148 mm) or a larger
           format.
        Signing of book
        4. The signature of the crew members shall appear on both the daily sheet and the weekly report.
           The employer's signature shall appear on the weekly report.
        Contents of book
        5. Subject to the provisions of paragraph 7, the individual control book shall conform to the
           attached model; it shall comprise:
           (a) a front sheet;
           (b) instructions for the use of the book;
           (c) daily sheets;
           (d) an example of a completed daily sheet;
            (e) weekly reports.
        Simultaneous use of more than one book
        6. Member States shall take appropriate measures to prevent the simultaneous use by one crew
           member of more than one individual record book.
        Special national provisions
        7. Each Member State may require, in respect of the individual control books issued in its territory:
           (a) that the chart on the daily record sheet be set out in a single strip covering the period from
                midnight to midnight (0 to 24 hours);
           (b) that the daily sheet be kept in more than one copy;
           (c) that additional particulars or headings, or variants, be inserted, provided that the general
                layout of the book remains unaltered and that the numbers or capital letters opposite the
                items as shown in the model are left unchanged;
           (d) such amendment or additional information as provisions adopted pursuant to Article 24
                of Regulation (EEC) No . . . may require in connection with the symbols corresponding
                to items 7 [ / ] , 7a    , 14 £7] and 14a ^     of the daily sheet;
           (e) that the boxes opposite items Ha, Hb and/or I of the weekly report should not be
                completed;
            (f) that daily sheets more than two weeks old be detached;
 ---pagebreak--- No C 103/12                       Official Journal of the European Communities             6. 5. 76
                                      MODEL INDIVIDUAL C O N T R O L BOOK
                                                     (a) Front sheet
            I                          I N D I V I D U A L CONTROL BOOK
                                            FOR CREW MEMBERS
                                             IN ROAD TRANSPORT
             II. Country:
            III. Date book first used:                                                 19.
            IV. Date book last used:                                                   19
              V. Surname, first name(s), date of birth and address of holder of book:
            VI. Name, address, telephone number and stamp (if any) of the undertaking:
                 Book No
 ---pagebreak--- 6. 5. 76                              Official Journal of the European Communities                                                  N o C 103/13
                                                              (b) Instructions
                                                             INSTRUCTIONS
                                FOR THE USE OF THE I N D I V I D U A L CONTROL BOOK
          1. This individual control book Is issued in conformity with (specify relevant laws and regulations).
                                                               T o t h e undertaking
          2. After completing items V and VI on the front sheet, issue a book to each crew member employed by you, in
             conformity with the laws and regulations referred to in paragraph 1 above.
          3. Keep a register showing the names of the persons to whom books have been issued, the serial number of each
             book issued, and the dates of issue. Require the holder to sign in the margin of the register.
          4. Give the holder the necessary instructions for correct use of the book.
          5. Examine the daily sheets and the weekly report every week or, if prevented from doing so, as soon thereafter as
             possible. Sign the weekly report.
          6. Withdraw the used books, observing the time limit specified in paragraph 9 below, and hold them at the disposal
             of the authorized inspecting officers for not less than one year. Enter the date of the last daily sheet in the register
             referred to in paragraph 3 above.
                                                                T o c r e w members
          7. This control book is personal. Carry it with you when on duty and produce it to any authorized inspecting officer
             on request. Hand it over to your employer when you leave the undertaking.
          8. Produce this control book to your employer every week or, if prevented from doing so, as soon therafter as possible,
             so that he can check your entries and sign the weekly report.
          9. When the book is completed, keep it for t w o weeks so that you can produce it at any time to an authorized
             inspecting officer, and then hand it as soon as possible to your employer. Keep a copy of the weekly reports.
                                                                      Front sheet
         10. Make sure that your surname, first name(s), date of birth and address are filled in correctly (item V).
         11. Enter the date on which you first use the book (item III).
         12. After use, enter the date when you last used the book (item IV).
                                                                      Daily sheet
         13. Fill in a daily sheet for every day on which you have been employed as a crew member.
         14. Enter in box 2 the registration number of any vehicle used during the day.
         15. The symbols used have the following meaning:
                            total period of uninterrupted rest before going on duty
                            rest period or daily rest period
                            breaks
                            driving period
 ---pagebreak--- No C 103/14                                Official Journal of the European Communities                                                   6.5. 76
                (1st variant)*
                      periods of attendance at work
               (2nd variant)*
                      acutal work other than driving:
                [ / ] periods of attendance at work other than those covered by symbols $1^ and $5.
          16. Enteryour rest period or your period of daily rest (symbol ^ ^ 3 ) . breaks (symbol fei)and the time during which you
               were engaged in activities represented by symbols [first variant] (*) 6            ,7 \ / \ . [second variant] (*) 6 ^ s ,
               7 [ / ] and 7a 55, by drawing a horizontal line across the hours concerned opposite the appropriate symbol,
               and connect the horizontal lines by vertical lines. There will thus be a continuous line over the full length of each
               strip (see example in the book).
          17. Entries must be made at the beginning and end of each period to which they relate.
          18. In box 16 ('Remarks') enter the name of the second driver, if any. This box may also be used to explain any
               breach of the requirements or to correct particulars given elsewhere (see paragraph 24). The employer or an
               inspecting officer may also insert his remarks in this box.
           19. Opposite box 1 2 ^ = ^ ] e n t e r the number of hours of uninterrupted rest (rest period or daily rest) taken immediately
               before coming on duty. If this period begins in one day and ends in the following day the figure will be the total
               achieved by adding together the rest period taken at the end of the previous day and the rest period taken at
               the beginning of the day to which the sheet relates.
          20. Before departure, enter opposite 'Begining of duty' in box 11 the number of kilometres (miles) shown on the
               recorder; at the end of duty, enter opposite 'End of duty' in box 11 the new number of kilometres (miles) shown
               on the recorder and note the total distance covered.
          21. Sign the daily sheet.
          (*) The variant used will depend on the choice made by the Member State in accordance with Article 24 (2)
               and (3) of Regulation (EEC) No 543/69. Only the variant so selected will appear in the individual control book.
                                                                      Weekly report
          22. This report should be made out at the end of every period of one week in which one or more daily sheets have
               been made out. For days on which you were on duty without being a crew member, i.e., for which there was no
               need to make out a daily sheet,enterthefigure ' 0 ' opposite box G and the duration of duty periods opposite boxes
               Ha and Hb; if you did not engage in a particular activity, enter the figure ' 0 ' opposite the appropriate box. For
               days on which you were not on duty, enter the fiugre ' 0 ' opposite boxes G, Ha and Hb and add an explanation'
               such as 'on leave', 'day off',.
          23. Enter opposite boxes F and G the figures shown opposite boxes 12 and 13 of the relevant daily sheets.
                                                                      General note
          24. No erasures, corrections or additions may be made in the book. Any mistakes, even of form only, must be
                corrected under 'Remarks' (box 16).
          25. No sheets must be destroyed.
          26. All entries must be made in ink or with a ball-point pen.
 ---pagebreak--- 6. 5. 76                                   Official Journal of the European Communities                                                      No C 103/15
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 ---pagebreak--- 6. 5 . 7 6                        Official Journal of the European Communities                               N o C 103/17
           Note 1: In practice, boxes 10 and 10a will both be completed on the same daily sheet only where
                   a crew member has carried out a passenger transport operation and a goods transport
                   operation on the same day. In box 10a (completed only by crew members of passenger
                   vehicles) the entry should be either '10 h' or '11 h', according to the system of daily
                   rest periods applying to the crew member.
           Note 2: Opposite box 12, if 12 hours is entered as the total period of uninterrupted rest taken
                   prior to going on duty, this means that the driver went off duty at 7 p.m. on the previous
                   day, because adding the 5 hours from 7 p.m. to midnight on the previous day to the
                   7 hours entered in box 4 gives a total of 12 hours.
 ---pagebreak--- N o C 103/18                                                       Official Journal of the European Communities                                       6. 5. 76
                                                                                   (e) Weekly report
                                            A.    Surname and first name(s) of crew member
                                            B.
                                                                                 WEEKLY REPORT
                                            C.    From                                    to                      19   inclusive
        D.                                  Days of the
                                            weekly period
                                                                                                                                   J. Weekly total:
        E.                                  Daily sheet
                                            No
        F.                                       ffcsfl
                                                      G.
         Hours of occupational activities
                                                                             •
                                                      Ha.
                                                      /
                                                      Hb.
                                                       I
                                                    G + Ha
                                                     + Hb
                                            K.    Remarks:
                                            L.    Date of preceding weekly rest period:
                                            M. Signature of crew member:
                                            N. Signature of employer:
                                                  Book No