CELEX: 51988PC0021(02)
Language: en
Date: 1988-03-24
Title: PROPOSAL FOR A COUNCIL DIRECTIVE ON STANDARD CHECKING PROCEDURES FOR THE IMPLEMENTATION OF REGULATION ( EEC ) NO 3820/85 ON THE HARMONIZATION OF CERTAIN SOCIAL LEGISLATION RELATING TO ROAD TRANSPORT AND REGULATION ( EEC ) NO 3821/85 ON RECORDING EQUIPMENT IN ROAD TRANSPORT

3. 5. 88                                  Official Journal of the European Communities                                No C 116/17
    must be attached to another rest of a least eight                         Article 16
    hours and shall be granted, at the request of the
                                                                              1.    The Commission shall produce a report every
    driver concerned, at the vehicle's parking place or
                                                                             year on the implementation of this Regulation by
    driver's base.
                                                                             Member States. The Commission shall forward the
    6.     The daily rest period may be taken in a vehicle                   report to the Council and the European Parliament
    as long as it is fitted with a bunk and is stationary.'                  within 13 months following the period covered by the
                                                                             report.
                            Article 6                                        2.     To enable the Commission to draw up the
                                                                             report referred to in paragraph 1, Member States
Article 15 of Regulation (EEC) No 3820/85 is hereby                          shall, using a standard form, communicate the
replaced by the following:                                                   necessary information to the Commission every year.
                                                                             This information must reach the Commission no later
     'Article 15                                                             than nine months following the end of the period
    1.     The transport undertaking shall organize                          covered by the report.
    drivers' work in such a way that drivers are able to                     3.    The Commission shall draw up the standard
    comply with the relevant provisions of this Regu-                        form after consultation with the Member States.'
    lation and of Regulation (EEC) No 3821/85.
    2.     The undertaking shall make periodic checks to                                           Article 8
    ensure that the provisions of the aforesaid regulations
                                                                    Article 15 (7) of Regulation (EEC) No 3821/85 is
    have been complied with. If breaches are found to
                                                                     hereby replaced by the following:
    have occurred the undertaking shall take appropriate
    steps to prevent their repetition.                                       7.     'Whenever    requested    by   an   authorized
                                                                             inspecting officer to do so, the driver shall produce
    3.     The undertaking shall make all relevant docu-                     record sheets for the current driving week and the
    mentation available to the competent authorities                         driving week preceding that week.'
    upon request, thereby facilitating checks on
    compliance with the provisions of this Regulation                                              Article 9
    and of Regulation (EEC) N o 3821/85/
                                                                    This Regulation shall enter into force on 5 September
                            Article 7                                1988.
Article 16 of Regulation (EEC) No 3820/85 is hereby                 This Regulation shall be binding in its entirety and
replaced by the following:                                          directly applicable in all Member States.
               Proposal for a Council Directive on standard checking procedures for the implementation of
               Regulation (EEC) No 3820/85 on the harmonization of certain social legislation relating to
               road transport and Regulation (EEC) No 3821/85 on recording equipment in road transport
                                                        COM(88) 21 final
                                 (Submitted by the Commission to the Council on 18 April 1988)
                                                          (88/C 116/21)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                            Whereas Regulations (EEC) No 3820/85 (*) and (EEC)
                                                                    No 3821/85 O , as amended by Regulation (EEC) N o
                                                                     . . . . , are essential for the creation of a common market
Having regard to the Treaty establishing the European
                                                                    for inland transport services;
Economic Community, and in particular Article 75
thereof,                                                            Whereas proper application of the social regulation in
                                                                    road transport requires uniform and effective checking
                                                                    by Member States;
Having regard to the proposal from the Commission,
                                                                    Whereas it is necessary to introduce minimum
                                                                    requirements to check compliance with the relevant
Having regard        to   the   opinion    of  the   European
                                                                    provisions in order to reduce and prevent infringements;
Parliament,
Having regard to the opinion of the Economic and                     (') OJ No L 370, 31. 12. 1985, p. 1.
Social Committee,                                                    O OJ No L 370, 31. 12. 1985, p. 8.
 ---pagebreak---  No C 116/18                            Official Journal of the European Communities                                   3. 5. 88
Whereas checking procedures should be both retro-                  established in their territory carrying out transport oper-
spective and preventive;                                           ations falling within the scope of the above Regulations.
Whereas effective and efficient control throughout the             2.    The checks referred to in paragraph 1 shall cover
Community will require the exchange of information on             passenger and goods undertakings and drivers, both own
the enforcement of the Regulations in Member States;               account and hire and reward. The number of checks
                                                                   shall be commensurate with the relative importance of
Whereas the exchange of information should                be      these categories.
compulsory and take place at regular intervals;
                                                                  3.     Checks shall be carried out both at the roadside
Whereas to facilitate the exchange of information it is           and at premises of undertakings.
necessary to introduce a standard reporting form,
                                                                  4.     Checks, for the purposes of this Directive, shall
                                                                  include verification of the recording equipment and/or
HAS ADOPTED THIS DIRECTIVE:
                                                                  duty rosters to ensure compliance with driving periods,
                                                                  breaks and rest periods, the driver's licence and other
                          Article 1                               relevant documentation.
                         Definitions                              To facilitate the authorized inspecting officers' task they
                                                                  shall be provided with a language chart containing
For the purposes of this Directive:
                                                                  expressions currently used and relating to transport oper-
                                                                  ations.
1. 'Check' means inspection of driving records, duty
    rosters, work schedules, wage records, driving
    licences and other relevant documentation.                    5.     Roadside checks shall be organized at a variety of
                                                                  locations and times.
2. 'Duty roster' means manual record of driving hours.
                                                                  6.     Checks at premises of undertakings, for the
3. 'Driving record' means mechanical and/or manual                purposes of this Directive, shall include examination of
    record of hours driven.                                       driving records, past work schedules and wage records.
4. 'Work schedule' means programme/timetable              of
                                                                  Authorized inspecting officers shall, under the provisions
    driving and other work activities.                            of Article 15 of Regulation (EEC) No 3820/85, also
                                                                  check future work schedules.
5. 'Competent authority' means the national authority or
    authorities empowered to enforce and control the
    implementation of social regulations in the road              7.     The number of checks carried out and the results of
    transport sector.                                             such checks shall be included in the annual report
                                                                  submitted to the Commission in accordance with Article
6. 'Authorized inspecting officer' means any official             16 of Regulation (EEC) No 3820/85.
    authorized by the competent authority to carry out
    checks within the meaning of this Directive and               8.     Checks at the premises of undertakings may be
    Regulations (EEC) No 3820/85 and (EEC) No                     carried out by the national authorites at the request of
    3821/85.                                                      the competent authorities of another Member State.
                          Article 2                                                          Article 4
                           Control                                1.     Member States shall, four times each year,
                                                                  undertake simultaneous operations to check vehicles
Member States shall, from              , ensure that the
                                                                  falling within the scope of the aforesaid Regulations.
minimum requirements, as laid down in this Directive,
                                                                  Such operations shall be carried out on the following
for the control of the correct and uniform application of
                                                                  days:
Regulations (EEC) No 3820/85 and (EEC) No 3821/85,
are introduced.
                                                                  — the third working Monday of January,
                          Article 3                               — the third working Monday of April,
1.     Member States shall organize checks in such a way
that each year they cover 30 % of the vehicles circu-             — the third working Monday of July,
lating in their territory and falling within the scope of
the above Regulations and 30 % of the undertakings                — the third working Monday of October.
 ---pagebreak--- 3. 5. 88                                           Official Journal of the European Communities                                         N o C 116/19
2.     The results of the simultaneous operations shall be                         — penalties, if any, imposed by the competent authority
communicated to the Commission in the annual report                                     on its residents for such breaches committed in other
submitted by Member States in accordance with Article                                   Member States during that period.
16 of Regulation (EEC) N o 3820/85.
                                                                                   3.     For this purpose the competent authorities in each
                                                                                   Member State shall use the standard reporting form set
                                 Article 5                                         out in the Annex to this Directive.
                     Exchange of information                                       4.    Member States shall, to ensure a full implemen-
                                                                                   tation of the aforesaid Regulations, upon request by the
1.     Member States shall exchange information on the                             competent authorities of another Member State, furnish
application of the provisions of the aforesaid Regu-                               all relevant details of specific breaches committed on its
lations.                                                                           territory by its residents and/or non-residents.
2.     Every three months, commencing the first working                                                          Article 6
day of . . . ., each Member State shall inform the other
Member States of                                                                   Member States shall communicate to the Commission all
— breaches of the Regulations committed by non-                                    the laws, regulations and administrative provisions which
     residents on their territory during the previous three                       they adopt for the application of this Directive.
     months,
                                                                                                                Article 7
— penalties, if any, imposed during that period on non-
     residents for such breaches,                                                 This Directive is addressed to the Member States.
                                                                          ANNEX
                                                            STANDARD REPORT FORM
                      Identification                                     Breach                                                  Action taken
          D„,„                        Undertaking
                                                                                                  Place of breach
                                                               (Article and description
                                                                       of breach)                                          (Description of sanction)
    (Name of driver —                  (Name and
  date of driving licence)          registered office)