CELEX: 51989PC0052(02)
Language: en
Date: 1989-05-31
Title: AMENDMENT TO THE PROPOSAL FOR A COUNCIL DIRECTIVE ON STANDARD CHECKING PROCEDURES FOR THE IMPLEMENTATION OF REGULATION ( EEC ) NO 3820/85 ON THE HARMONISATION OF CERTAIN SOCIAL LEGISLATION RELATING TO ROAD TRANSPORT AND REGULATION ( EEC ) NO 3821/85 ON RECORDING EQUIPMENT IN ROAD TRANSPORT

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                     COM (89)52    final
                                                     Brussels, 31 May 1989
                      Amendment to the proposal for a
                          COUNCIL REGULATION (EEC)
       amending 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
                       Amendment to the proposal for a
                               COUNCIL DIRECTIVE
                  on standard checking procedures for the
                   implementation of Regulation (EEC) No.
                  3820/85 on the harmonisation of certain
                     social legislation relating to road
                 transport and Regulation (EEC) No. 3821/85
                  on recording equipment in road transport
                (presented by the Commission pursuant to the
             third paragraph of Article 149 of the EEC Treaty)
 ---pagebreak---                             -%'                             t&Tïvf
                   Explanatory memorandum
1.  On 24 March 1988 the Commission put to the Council a
    proposal to amend Regulations (EEC) No. 3820/85 and
    (EEC) No. 3821/85.
   The measures proposed include:
   (i)      Redefinition of the driving week and day
   (ii)     Clarification of the provisions on break times
   (iii)    Requirement for reduced daily and weekly rest
            times to be recuperated before the end of the
            second week.
   At i t s plenary session of 14-18 November 1988 Parliament
   approved the Commission's proposal subject to certain
   amendments.
   Certain of these amendments can be accepted as they
   apport greater c l a r i t y to the proposals. In t h i s
   respect the Commission can accept Amendments Nos.
   4, 5, 6, 8 , 9 , 10, 11 and 18.
   The other amendments requested by Parliament are
   unacceptable for the following reasons .in p a r t i c u l a r :
 ---pagebreak---                     - 3 -
    thç   are
(a)     y     superfluous as the existing provisions are
    adequate to achieve the same ends;
(b)  they would reduce the necessary flexibility of
     the Legislation;
(c)  they raise issues which transcend the transport
     field;
(d)  they would neither clarify interpretation nor
     improve control.
 ---pagebreak---                               - 4 -
j           Amendment to the proposal for a Council
i
\         Regulation (EEC) amending Regulations (EEC)
         No. 3820/85 on the harmonisation of certain
        social legislation relating to road transport
         and (EEC) No. 3821/85 on recording equipment
                        in road transport
          (Submitted to the Council by the Commission
           under Article 149 (3) of the K C Treaty)
  The Commission proposal of 24 March 1988, as set out
  in document COM (88) 21 final (1) is hereby amended
  as follows:
  1.   Article 1 is replaced by the following:
                            Article 1
                           Definitions
       Article 1(4) of Regulation (EEC) No. 3820/85 is hereby
       replaced by the following:
       "4. - 'week' means a period of seven consecutive days;
            * *day? means any continuous period of 24 hrs.
         For the purposes of this regulation a week commences from
        the time a driver starts driving following a weekly rest
        pe ri od.
 ---pagebreak---                           - 5 -
 2. Article 3 § 1 shall read:
    1.   The driving period in any continuous 24-hour period,
         hereafter called 'daily driving period' shall not
         exceed 9 hours.   The daily driving period may be
         extended twice in any one week to 10 hours.
3.  Article 5 shall read:
    Rest Periods
    Article 8 of Regulation (EEC) No. 3820/85 is hereby
    replaced by the following:   Article 8
    1.   In each continuous period of 24 hours, a driver shall
         have a rest period, hereafter referred to as 'daily
         rest period' of no less than 11 consecutive hours.
         This daily rest period may be reduced to a minimum of
         9 consecutive hours, not more than three times
         in any one week.   Each reduction shall be  compensated
         by an equivalent period of rest granted as
         compensation before the end of the following week.
         Where the rest period is not reduced in accordance
         with the above paragraph, it may be taken in two or
         three separate periods during the day, one of which
         must be of no less than 8 consecutive hours.   In
         this case the daily rest period shall be increased
         to 12 hours.
    2.   A 'daily rest period* as described in paragraph, must
         be taken between any two consecutive 'daily driving
         periods*.
 ---pagebreak---                     - 6 -
3. Where a vehicle is manned by at least two drivers,
   each driver shall have a rest period of no less
   than 8 consecutive hours during each period of
   30 hours.
4. Before the end of each week, a driver shall have a rest
   period, hereafter referred to as "weekly rest period",
   of no less than 45 consecutive hours.   This weekly
   rest period may be reduced to a minimum of 36
   consecutive hours if taken at the place where the
   vehicle is normally based or where the driver is
   based, or to a minimum of 24 consecutive hours if
   taken elsewhere.   Each reduction shall be compensated
   by an equivalent rest taken en bloc before the end
   of the following week.
5. In the case of international carriage of passengers
   other than on regular services, the weekly rest
   period may be postponed until the week following
   that in respect of which the rest is due and either
   incorporated into or added immediately following the
   second week's weekly rest.
   Member States may extend these provisions to national
   passenger services within their territory other
   than regular services.
6. Any rest taken as compensation for the reduction of
   the daily and/or weekly rest periods must be attached
   to another rest of at least 8 hours and shall be granted,
   at the request of the driver concerned, at the
   vehicle's parking place or driver's base.
 ---pagebreak---                                - 7-
   7.   Hours of the day that cannot^be designated as "daily driving
        period", "compulsory break in the driving period", or
        "daily rest period", may not be allocated as part of the
        driving period or rest period for the subsequent day.
   8.   The daily rest period may be taken in a vehicle as long as it
        is fitted with a bunk, is stationary, the heating system poses
        no danger to drivers, and no better accommodation is
        available within a reasonable distance.
4. Article 9 is replaced by the following:
                             Article 9
   The Commission shall investigate the possibility of introducing
   at some future date rules governing working hours and a prohibition
   on certain systems of payment.    It shall submit a relevant report
   not later than 31 December 1989 to the Council and to Parliament.
5. Article 9 becomes Article 10.
 ---pagebreak---       Amendment to the proposal for a
           Council Directive (EEC)
 on standard checking procedures for the
  implementation of Regulation (EEC) No.
 3820/85 on the harmonisation of certain
    social legislation relating to road
transport and Regulation (EEC) No. 3821/85
 on recording equipment in road transport
                                           3
 ---pagebreak---                    - 2 -
           Explanatory Memorandum
On March 24/1988 the Commission put to the Council a
proposal for a directive on standard checking procedures
for the implementation of Regulation (EEC) No. 3820/85
on the harmonisation of certain social legislation
relating to road transport and Regulation (EEC)
No. 3821/85 on recording equipment in road transport.
Proper application of the regulations calls for uniform
and effective checking by Member States. It is, therefore,
necessary to introduce minimum requirements in order to
check compliance with the relevant provisions.
These requirements aim at reducing and eventually
preventing infringements.
Effective and efficient control throughout the Community
will also require the exchange of information on the
enforcement of the regulations in the Member States.
The measures proposed include
    a minimum number of compulsory checks per year carried
    out at regular intervals^ ..
    an annual target figure of véhicules to be checked,
    based on a percentage of the total number of vehicles
    subject to the regulations,
    periodic coordinated spot checks throughout the Community,
 ---pagebreak---                  * - 3 -
   .   checks at the road side and at business premises
   .   regular and compulsory exchange of information on
      breaches committed and penalties imposed.
2. At its plenary session of 14 - 18 November 1988 Parliament
   approved the Commission's proposal subject to
   certain amendments.
3. The Commission can accept the amendments proposed by
   the Parliament.
                                                              AO
 ---pagebreak---                              - 4 -
          Amendment to the proposal for a Council
     Directive (EEC) on standard checking procedures
        for the implementation of Regulation (EEC)
       No. 3820/85 on the harmonisation of certain
      social legislation relating to road transport
      and Regulation (EEC) No. 3821/85 on recording
                equipment in road transport
       (Submitted to the Council by the Commission
          under Article 149(3) of the EEC Treaty)
The Commission proposal of 24 March 1988, as set out in
document COM(88) 21 final (1) is hereby amended as
follows:
1.   Article 3 paragraph 3 is replaced by the following:
     3.    Checks shall be carried out at the roadside, at
           premises of undertakings and in public test stations
2.   Article 3 paragraph 6 is replaced by the following:
     6.    Checks at premises of undertakings, for the
           purposes of this Directive, shalL include
           examination of driving records,
           past work schedules and wage records.
           Checks in public test stations shall be carried
           out in accordance with the same requirements as
           those at the roadside or at premises of undertakings.
           Authorized inspecting officers shall, under the
           provisions of Article 15 of Regulation (EEC) No.
           3820/85, also check future work schedules.
                                                                 AA
 ---pagebreak--- Commission of the European Communities
COM(89) 52 final
Amendments to the proposals for
-   COUNCIL REGULATION (EEC)
    amending Regulation (EEC) No 3820/85 on the harmonization of cer-
    tain social legislation relating to road transport and Regulation (EEC)
    No 3821/85 on recording equipment in road transport
-   COUNCIL DIRECTIVE
    on standard checking procedures for the implementation of Regu-
    lation (EEC) No 3820/85 on the harmonization of certain social legisla-
    tion relating to road transport and Regulation (EEC) No 3821/85 on
    recording equipment in road transport
(presented by the Commission pursuant to Article 149(3) of the EEC
Treaty)
31.5.1989
Office for Official Publications of the European Communities
L - 2985 Luxembourg
Series: DOCUMENTS
 1989 — 11 pp. - Format: 21.0 x 29.7 cm
EN
ISSN 0254-1475
ISBN 92-77-50533-8
Catalogue number: CB-CO-89-212-EN-C
 ---pagebreak---                                                                 ISSN 0254-1475
COM(89) 52 final
 DOCUMENTS
Amendments to the proposals for
-    COUNCIL REGULATION (EEC)
    amending 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
-    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
(presented by the Commission pursuant to Article 149(3) of the
EEC Treaty)
06      07                                                    31.5.1989
Catalogue number: CB-C0-89-212-EN-C
ISBN 92-77-50533-8
€
COMMISSION OF THE EUROPEAN COMMUNITIES