CELEX: 51985PC0458
Language: en
Date: 1985-08-07
Title: AMENDED PROPOSAL FOR A COUNCIL REGULATION (EEC) AMENDING REGULATION (EEC) NO. 543/69 ON THE HARMONIZATION OF CERTAIN SOCIAL LEGISLATION RELATING TO ROAD TRANSPORT AND REGULATION (EEC) NO. 1463/70 ON THE INTRODUCTION OF RECORDING EQUIPMENT IN ROAD TRANSPORT (COM (84) 147 FINAL/2)

3.9. 85                                Official Journal of the European Communities                               No C 223/5
              Amended proposal for a Council Regulation (EEC) amending Regulation (EEC) No 543/69 on
              the harmonization of certain social legislation relating to road transport and Regulation (EEC)
                        No 1463/70 on the introduction of recording equipment in road transport (')
                                                       COM(85) 458 final
              (Submitted by the Commission to the Council pursuant to the second paragraph of Article 149 on
                                              the EEC Treaty on 13 August 1985)
                                                        (85/C 223/05)
                                                 Regulation (EEC) No 543/69
                         Article 1 (5)                                                      Article 1 (5)
 driving means time which is spent behind the wheel of a            driving means time which is spent at the wheel of a
vehicle.                                                           vehicle.
                        Article 4 (10)                                                     Article 4 (10)
Vehicles used to transport goods for private purposes,             Vehicles used for the non-commercial carriage of private
 including the use of hired vehicles without a driver.             effects for personal use.
                          Article 7                                                          Article 7
 On any day when a crew member is driving, no period                1.    There shall be no more than 4V2 hours of driving,
of continuous work shall exceed 4V2 hours, excluding               loading, unloading and other activities carried out in
waiting time.                                                      connection with the operation of the vehicle, before a
                                                                   break of at least one hour is taken.
                                                                   2.     This break may be replaced by three periods of 20
                                                                   minutes or, in the case of regular passenger services, four
                                                                   periods of 15 minutes, spaced out over/or partly within
                                                                   and partly immediately following the period referred to in
                                                                   paragraph 1 in such a way that the provision therein on
                                                                   the minimum break is complied with.
                                                                   3.     During his break a crew member shall not carry out
                                                                   other work. For the purposes of this article, waiting time
                                                                   and non-driving time spent in a moving vehicle, a ferry or
                                                                   train shall not count as other work.
                                                                   4.     Minimum    breaks taken in accordance with this
                                                                   article shall not be considered as daily rest except after
                                                                   the last period    of driving when a period of rest in
                                                                   accordance with   Article 9(1) may begin immediately.
                                                                                         New Article 11 a
                                                                   1.     The weekly rest period may begin in one week and
                                                                   continue into the next week, provided that a minimum of
                                                                   24 hours is taken before the end of the first week. In
                                                                   such a case all the weekly rest shall be regarded as having
                                                                   taken place in the week in which it began.
(') COM(84) 147 final/2.
 ---pagebreak--- No C 223/6                               Official Journal of the European Communities                                    3.9.85
                                                                    2.    The weekly rest period may, during the period
                                                                    between 1 March and 30 September, be replaced for
                                                                    drivers of passenger vehicles by a rest period of not less
                                                                    than 72 consecutive hours in two consecutive weeks,
                                                                    provided that the remaining hours are compensated
                                                                    outside that period. This paragraph shall not apply to
                                                                    drivers on regular passenger services.
                       Article 12 (2)                                                       Article 12 (2)
In paragraph 2 the words 'five years' shall replace the             Paragraph 2 is deleted.
words 'other year'.
                        Article 13                                                            Article 13
Provided that there is no detriment to road safety, the             Provided that there is no detriment to road safety, the
driver may depart from the provisions of this Regulation            driver may depart from the provisions of this Regulation,
in case of danger, in circumstances outside his control, to         in case of danger, to render aid . . . (unchanged).
render aid, or as a result of a breakdown, and to the
extent necessary to ensure the safety of persons, of the
vehicle or its load, to enable him to reach a suitable
stopping place or the end of his journey. The driver shall
indicate on the sheet of his recording equipment the
nature of and reason for his departure from those
provisions.
                       Article 14 (1)                                                       Article 14 (1)
(c) Vehicles belonging to or hired by agricultural, horti-          (c) Vehicles used exclusively for work on agricultural,
    cultural or forestry undertakings, when travelling                  horticultural, forestry or fishery undertakings within
    within a 50 kilometre radius of and to or from such                 a 50 kilometre radius of their base, including muni-
    undertakings, and vehicles transporting fish within a               cipalities the centre of which is situated within that
    50 kilometre radius of the port;                                    radius;
(e) Vehicles used for carrying animal carcasses or waste            (e) Vehicles used exclusively for carrying animal
    when these are not intended                 for   human             carcasses or waste when these are not intended for
    consumption;                                                        human consumption;
(f) Vehicles used at markets, as mobile shops, for door-            (f) Vehicles used as mobile shops . . . (unchanged).
    to-door selling, for mobile banking, exchange or
    saving transactions, worship, the lending of books,
    records or cassettes, cultural events or mobile
    exhibitions, and specially fitted for such uses;
                         Article 15                                                           Article 15
 1.   Crew members shall use recording equipment in                 1.    Deleted
accordance with Article 3 of Regulation (EEC) No
 1463/70 on the introduction of recording equipment in
road transport.
2.   The transport undertaking shall organize the work              2.    The undertaking shall organize . . . (unchanged).
of crew members in such a way that they are able to
comply with the provisions of the present Regulation and
of Regulation (EEC) No 1463/70.
 ---pagebreak--- 3.9. 85                                Official Journal of the European Communities                              No C 223/7
                        Article 17(1)                                                    Article 17(1)
The Commission shall produce a biennial report on the             The Commission shall produce a biennial report on the
implementation of this Regulation by Member States,               implementation of this Regulation by Member States and
which shall be presented to the Council and the                   on developments in the fields covered by this Regulation.
European Parliament within one year of the expiry of              The Commission shall send the report to the Council and
the two-year period covered by the report.                        Parliament within one year of the expiry of the two-year
                                                                  period covered by the report.
                                                Regulation (EEC) No 1463/70
                        Article 16 (1)                                                   Article 16 (1)
The employer shall issue sufficient record sheets to crew         The employer shall issue sufficient record sheets to each
members, in numerical sequence, bearing in mind the               crew member, in numerical sequence . . . (unchanged).
fact that these sheets are personal in character, the
length of the period of work and the possible need to
replace sheets which are damaged, or have been taken by
an authorized inspecting officer. The employer shall
issue to crew members only sheets of an approved model
suitable for use in the equipment installed in the vehicle.
                        Article 17(2)                                                    Article 17(2)
Crew members shall use record sheets in numerical order           Crew members shall use consecutive record sheets
for every day on which they are driving, starting from            (unchanged).
the beginning of their period of work. When the crew
members are away from the vehicle and therefore unable
to operate the equipment fitted to the vehicle themselves,
the various periods of time indicated under (a) to (c)
below shall, whether manually, by automatic recording
or otherwise, be entered on the sheet in a legible manner
and without the sheet being dirtied.
                        Article 17(3)                                                    Article 17 (3)
(f) On finishing work, the time of beginning the weekly           (f) On finishing work, the time of beginning the weekly
    rest period and, on a new sheet when recommencing                 rest period and, on a new sheet with the next
    work, the time that the weekly rest period ended.                 number, when recommencing work, the time that the
                                                                      weekly rest period ended.
                        Article 17 (5)                                                   Article 17(5)
Crew members must be able to produce on request by                Crew members must be able to produce on request by
any authorized inspecting officer a record sheet of that          any authorized inspecting officer a record sheet of that
day and, where applicable, of the preceding day of that           day, and, where applicable, of the preceding days of that
week giving full details of the period referred to under 2        week, together with the last record sheet from the
(a) to (c).                                                       preceding week, giving full details of the period referred
                                                                  to under 2 (a) to (c).
 ---pagebreak--- No C 223/8                                 Official Journal of the European Communities                                 3.9.85
                                                               ANNEX I
                                                            CHAPTER IV
(e) The transport undertaking shall keep a register of the            (e) The undertaking shall keep . . . (unchanged),
    numbers of all the record sheets. The register must contain
    the names of the crew members who have received sheets,
    their signatures confirming receipt, and the date of receipt.
    The register must be kept by the undertaking for two years
    and must be produced at the request of any authorized
    inspecting officer.