CELEX: 51988PC0021
Language: en
Date: 1988-03-24
Title: Proposal for a COUNCIL REGULATION (EEC) amending Regulations (EEC) No 3820/85 on the harmonization of certain social legislation relating to road transport and (EEC) No 3821/85 on recording equipment in road transport#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#(presented by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (88) 21
Vol. 1988/0005
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Verschlusssachen als herabgestuft angesehen.
 ---pagebreak---  COMMISSION OF THE EUROPEAN COMMUNITIES
                                                          COM(88 ) 21 final
                                                          Brussels , 24 March 1988
                                     Proposal for a
                               COUNCIL REGULATION ( EEC )
amending Regulations ( EEC ) No 3820 / 85 on the harmonization of certain social
       legislation relating to road transport and ( EEC ) No 3821 / 85 on
                      recording equipment in road transport
                                     Proposai 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
                           (presented by the Commission)
                           ( presented
                                     t\* V
                                               ^     v
                                                 y          fcjfl
 ---pagebreak---                             - 2 -
                   EXPLANATORY MEMORANDUM
  I.   General Considérations
       (i )  HISTORICAL DEVELOPMENT
-       1.   Council Decision ( 65 / 271 / EEC ) ( 1 ) of 13 May 1965 on the
             harmonization of certain provisions affecting competition
             in transport by rail , road and inland waterway provides
             for measures to be taken to eliminate disparities liable
             to cause substantial distortion in competition in the
             transport sector .     As regards social legislation it
             provides for
             -    the approximation of provisions relating specifically to
                  working conditions in transport so as to improve
                  such provisions ;
                  the standardisation of manning provisions ;
                  the harmonisation of provisions concerning working
                  and rest periods and overtime arrangements ;
                  the introduction of a record book by means of which it
                  will be possible to check on an individual basis
                  compliance with provisions concerning working
                  periods .
  (1 )  OJ No . 88 of 24.5.1965
 ---pagebreak---                                   - 3 -
2. Having regard to Council Decision 65 / 271 / EEC , the Council    in 1969
   adopted Regulation ( EEC ) No . 543 /69 ( 1 ).     This Regulation was
   amended in 1977 by Regulation ( EEC ) No . 2829 /77 ( 2 ). This
   legislation sought to harmonise conditions of
   competition between modes of inland transport , especially with
   regard to the road sector,as well as to improve
   working conditions and road safety .          In order to ensure
   effective checking of the social legislation in the road transport
   sector , the Council in 1970 adopted Regulation ( EEC ) No .
   1463 /70 of 27 July 1970 (3 ) on recording equipment . This regulation
   was amended in 1977 by Regulation ( EEC ) No . 2828 /77 ( 4 ).
3. Although the aforesaid Regulations broadly met the objectives of
   the Council Decision of 1965 , experience showed the need for
   simplification of the technical provisions and greater flexibility
   in their implementation .         To this end , the Council on 20
   December 1985 adopted Regulations ( EEC)»Nos . 3820 /85 ( 5 ) and
   3821 / 85 ( 6 ) on the harmonization of certain social legislation
   relating to road transport and on recording equipment in road
   transport , respectively . This new legislation which came into
   force on 29 September 1986 , in particular redefined driving hours ,
   breaks and rest periods .
   On 20 December 1985 the Council also adopted a Resolution to improve the
   implementation of the Social Regulations in road transport ( 7 ).
   This Resolution provides for Member States to adopt measures
   as regards checks and exchange of information to ensure a
   homogeneous and effective -implementation of the Social
   Regulations .
   (1 )    OJ  No . L  77 ,  29.3.1969
   (2 )    OJ  No . L 334 ,  24.12.1977
   (3 )    0J  No . L 104 ,  27 . 7.1970
   (4 )    OJ  No . L 334 ,  24.12.1977
   (5)     OJ  No . L 370 ,  31.12.1985
   (6 )    0J No . L 370 , 31.12.1985
   <7)     0J No . C 348 / 1 , 31.12.1985
 ---pagebreak---                                 - 4 -
( ii )  TOWARDS 1992
   4.  The Court Judgment of 22 May 1985 , Case 13 / 83 , reaffirmed
        the obligation to introduce the freedom to
        provide services in both national and international road
        transport .      Given this obligation and the objectives
        set out in the Commission's White Paper
        on Completing the Internal Market , it is essential to
        ensure fair competition , without distortions , both
        between the modes and within the modes of inland transport .          To
        this end , it is essential that the social legislation in road
        transport is applied fully and uniformly throughout the
        Community .
   5.  Although Regulations No . ( EEC ) 3820 / 85 and ( EEC ) No . 3821 / 85
       have only been in force since 29 September 1986 ,
       their implementation has , in practice , given rise to a
       number of difficulties in the areas of interpretation ,
       control and exchange of information .
        It is \ ecessary to overcome these difficulties if a Common Market
       for ti“'>port services , free of distortions of competition , is
       to be • tained by 1992 .
  6.   In or     f to ensure effective and uniform enforcement of the
       Regul nns throughout the Community a standard and clear
       interi ." - nation of the technical provisions on
       drivet ' hours , breaks and rest periods is essential .
       This requires amendment of the existing provisions of
       Articles 4, 6, 7 and 8 of Regulation 3820 /85 .
 ---pagebreak---                                 - 5 -
 7.  Proper application of the Regulations calls for uniform and
     effective checking and control by Member States .      It will , therefore ,
     be necessary to introduce minimum requirements in order to
     check compliance with the relevant provisions .      These
     requirements should aim at reducing and eventually preventing
     infringements .
 8-  Effective and efficient control throughout the Community will also
     require the regular exchange of information on the enforcement
     of the Regulations in the Member States .     This exchange of
     information between Member States should , therefore , be
     compulsory , standardised and take place at regular intervals .
     The information exchanged should include details of breaches
     committed and of penalties imposed .     Further , Member States
     should , to achieve effective control , make available upon request
     by the competent authority of another Member State all relevant
     details of individual cases of breaches on
     their territory , be it by residents or non-residents .
     Such co-operation would go far to deter persistent
     of fenders .
ii ) CONCLUSION
 ?.  In submitting these proposals    the Commission has been guided
     by the following principles
          the objective of 1992 and in particular , the new market
          organization for road transport ;
          the introduction of freedom to provide services in national
          and international road transport ;
          the improvement of working conditions ;
          the need to reinforce road safety ;
          the maintenance of high quality road services .
 ---pagebreak---                                - 6 -
10 . To this effect
         the proposed Regulation will clarify certain definitions in
         order to avoid misinterpretation and abuse ;
     -   the proposed Directive will provide for compulsory ,
         standardized checking and for the mutual exchange of
         information .
 ---pagebreak---                                          - 7 -
II - Spécifie Considérations
     (i )   Draft Regulation to amend Regulations ( EEC ) Nos . 3820 / 85 and
           3821 / 85 on Drivers' Hours and Recording Equipment
                                      Article 1
           Article 1 replaces Article 1 , paragraph 4 of Regulation
            ( EEC ) No . 3820 / 85 .    It gives , for the purposes of
           calculating driving hours and rest periods , new
           definitions of a "week " and of a "day ".
                                       Article 2
           Article 2 amends Article 4 paragraph 6 of Régulation
            ( EEC ) No . 3820 / 85 by excluding from its scope only those vehicles used
           by   Public Authorities or under contract to Public Authorities
           in   connection with the provision of the public services listed
           in   paragraph 6 .        With the increasing "privatisation "
           of   public services , this ensures that private operators
           who provide such services are not exempt from the
           provisions of this Regulation unless they are under
           contract to Public Authorities .
                                      Article 3
           Article 3 replaces Article 6 of Regulation ( EEC ) No . 3820 / 85
           and defines the daily driving period .           It provides for a
           9 hour driving period in any day and limits the
           driving period to 56 hours per week and 90 hours per
           two weeks .
 ---pagebreak---                                  - 8 -
                             Artide 4
Article 4 amends Article 7 of Régulation ( EEC ) No . 3820 / 85 .
Paragraphs 1 and 2 clarify that for every period of 4 1 / 2
hours driving a driver must take a break of 45 minutes .       This prevents
 long periods of driving without adequate breaks and is ,
therefore , socially beneficial and in addition promotes
 road safety .
                             Article 5
Article 5 replaces Article 8 of Régulation ( EEC ) No . 3820 / 85 .
The rest periods remain unchanged .       However ,
paragraph 3 reallocates compensation to be taken for reductions
in rest periods .      This should avoid abuse and , thus ,
facilitate control .
Paragraph 4 is the same text as paragraphs 3 and 4 of
Article 7 of Regulation 3820 /85 .      It is more appropriate to
include the provision for the rest period of coach drivers in the
Article dealing with rest periods .
A number of textual changes have been introduced for
greater clarity .
                              - ticle 6
Article 6 widens the scop ? of Article 15 of Regulation
( EEC ) No . 3820 /85 by extending the powers of authorized
inspecting officers .
 ---pagebreak---                         Artide 7
Article 7 replaces Article 16 of Regulation ( EEC ) No . 3820 / 85 .
It provides for a yearly report instead of a two yearly
report by the Commission on the implementation of the
Social Regulations .
                        Article 8
Article 8 amends Article 15 , paragraph 7 of Regulation
3821 / 85 , by providing that the driver produces
not only the current week 's record sheets but also the sheets for
the preceding week .
                        Article 9
No comment
 ---pagebreak---                                 - 10 -
( ii ) Draft Directive on the uniform application of
       Regulation ( EEC ) No . 3820 / 85 and Regulation
       ( EEC ) No . 3821 / 85 as amended by Regulation
       ( EEC ) No .
                               Article 1
       This Article defines the terms used in this Directive .
                               Article 2
         This Article provides that Member States introduce by the
         required date minimum requirements for the correct and
        uniform application of the Social Regulations .
                               Article 3
         This Article lays down the minimum checking requirements to
        ensure compliance with the provisions of the Social Regulations .
                               Article 4
        This Article provides for simultaneous o rations throughout
        the Community to check compliance with t        provisions of
        the Social Regulations .
                              Article 5
         This Article provides for the compulsory and regular
        exchange of information between Member States on breaches
        of the Regulations committed on their territory .
         It also provides for a standard reporting form, a
        model of which is given in Annexe 1 to this Directive .
 ---pagebreak---                       - 11
Paragraph 4 provides for specific co-operation between Member
States to ensure full compliance and deter persistent
offenders .
                     Article 6
 No comment .
                     Article 7
 No comment .
                     Article 8
 No comment .
 ---pagebreak---              IMPACT ON SMALL AND MEDIUM-SIZED UNDERTAKINGS
Council Régulation . amending Régulation ( 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
and Council Directive on the uniform application of Regulation
( EEC ) No . 3820 /35 and Regulation ( EEC ) No . 3821 /85
1.     Administrative obligations arising from the proposals for
       small and medium-sized undertakings
       Yes .    Undertakings will be compelled to maintain driving records
       and work schedules for inspection by the competent authorities .
       The administrative burden will not be increased for such
       undertakings as such records are mandatory under the existing
       legislation .
2.     Advantages of the proposals for the undertakings
       The technical provisions on driving hours , breaks and rest periods
       will be clarified and facilitate interpretation .    This should
       be beneficial for the preparation of work schedules and
       make calculation of driving hours easier .
3.     Inconveniences
                                  Ф
       The driving hours , breaks and rest periods remain the same ,
       therefore no inconvenience should be encountered .
 ---pagebreak---                          - 2 -
4. Effects on employment
   None .
5. Have the Social Partners been consulted ?
   The proposals have been agreed uith DGV and it is planned to
   consult the Joint Committee on Road Transport .
6. Is there a less restrictive approach ?
   No . Both proposals are necessary to ensure a uniform application
   and control of the Social Regulations throughout the
   Community and thereby eliminate distortions of competition .
   Uniform and complete application and control of the
   legislation is a prerequisite for the creatipn of a
   Common Market in inland transport services .
 ---pagebreak---                                   Proposal for a
                             COUNCIL REGULATION ( EEC )
                   amending Regulations ( EEC ) No . 3820 / 8S on the
                    harmonization of certain social legislation
                relating to road transport and (EEC ) No . 3821 / 85 on
                       recording equipment In road transport
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
and in particular Article 75 thereof ,
Having regard to Counci l Decision 65 / 271 / EEC of 13 May 1965 on the harmonization
of certain provisions affecting competition in transport by rail , road and
inland waterway ( 1 ) and in particular Section III thereof ,
Having regard to the proposal from the Commission ( 2 ),
Havtr/j regard to the opinion of the European Parliament ( 3 ),
Havit ". ^regard to the opinion of the Economic and Social Committee ( 4 ),
( 1 ) U.J. No . 88, 24.5.1965 , p. 1500 / 65 .
(2)
(3)
(4)
 ---pagebreak---                                             - 2 -
      Whereas In the field of road transport , Community social legislation is set
      out in Council Regulations ( EEC ) No 3820 / 85 ( 5 ) and ( EEC ) No 3821 / 85 ( 6 );
      Whereas this legislation alms at the harmonization of conditions of
      competition between modes of inland transport , especially with regard to
      the road sector as well as at the Improvement of working conditions and
      road safety ;
      Whereas the Judgment of the Court of Justice of 22 May 1985 in case
      13 / 83 reaffirms the need for the freedom to provide services within the
      Communi ty ;
      Whereas the Social Regulations are essential to the creation of a Common
     Market for inland transport services ;
     Whereas harmonization of social conditions is essendal to ensure fair
      competition in the inland transport sector ;
     Wnereas , given that many public services are now performed ny private
      undertakings , it Is necessary to specify that only Public Authority
     vehicles or vehicles under contract to Public Authorities are excluded trom
      the scope of these provisions ;
     Whereas to ensure more uniform and effective application and control of
     social legislation        on drivers' hours , certain provisions of
     Regulations ( EEC ) No 3820 / 85 and No 3821 / 85 should be amended and in particular the
     definition of the week should be altered and the provisions on driving
     periods , breaks and rest periods should be clarified ;
     Whereas to reinforce checks on the provisions , the powers of the
     competent authorities snould be extended and there should he more frequent
     communication on the implementation of the Regulations by Memoer States to
     the Commission ,
     HAS ADOPTED THIS REGULATION ;
( 5 ) OJ No L 370 , 31.12.1985 , p. 1 .
( 6 ) OJ No L 370 , 31.12.1985 , p. 8 .
 ---pagebreak---                                         - 3 -
                                      Article 1
                                     Defini tions
 Article 1(4) of Regulation ( EEC ) No 3820/85 is hereby replaced by the
  following :
"4 . -"Week” means any period of seven consecutive days .
     “" Day” means any period of 24 hours .
 For the purposes of this Regulation a period of seven days or 24 hours
 commences from the time a driver starts driving following a weekly rest
 period ."
                                     Article 2
                                       Scope
 Article 4(6 ) of Regulation ( EEC ) No 3820 /85 is hereby replaced by the
 following :
 "6 . Vehicles used by Public Authorities or under contract to Public
      Authorities in connection with sewerage , flood protection , water , gas
      and electricity servlet r , highway maintenance and control , refuse
      collection and disposal , telegraph and telephone services , carriage of
      postal articles , radio and television broadcasting and the detection of
      radio or television transmitters or receivers .
 ---pagebreak---                                        Article 3
                                   Drtvlng Periods
Article 6 of Regulation ( EEC ) No . 3820 / 85 Is hereby replaced by the following
                                     " Article 6
1.  The driving period in any 24 hour period , hereafter called " dally
    driving period " shall not exceed 9 hours . The daily driving period may
     be extended twice in any one week to 10 hours .
2.   In any one week the total driving period shall not exceed 56 hours and
    in any two consecutive weeks it shall not exceed 90 hours ."
                                       Article A
                                         Breaks
Article 7 of Regulation ( EEC ) No . 3820 / 85 is hereby replaced by the following
                                     " Article 7
1.  For any period of 4 1 / 2 hours driving a driver shall take a nreax of
    no less than 45 minutes .
2.  This break may be divided into breaks of no less than 15 minutes each ,
    provided that the provisions of paragraph 1 are complied with .
3.  Notwithstanding    paragraph    1,    in  the case of  national  carriage
    of passengers on regular services Member States may fix the minimum
    break at no less than 30 minutes after a driving period not exceeding
    four hours . Such exceptions may be granted only in cases where breaks
    in driving of over 30 minutes could hamper the flow of urnan craffic
    and where it is not possible for drivers to cake a 15-minute break
    within four -and -a- hal f hours of driving prior to a JO-minute break .
 ---pagebreak---                                          - 5 -
 4.    During these breaks , the 'driver may not carry out any other work . For
      the purposes of this Article , the waiting time and time not devoted to
      driving spent in a vehicle in motion , a ferry , or a train shall not be
      regarded as 'other work' .
 5 . The breaks observed under this Article may not be regarded as daily
      rest periods ."
                                       Article 5
                                     Rest periods
Article 8 of Regulation ( GEC ) No . 3820 / 85 is hereby replaced by the following :
                                    " Article 8
1.    In each 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 .uay 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 or
     rest granted as compensation before the end of the following week .
     Wnere the rest period is not reduced in accordance with the above
     paragraph , it may he taken in two or three separate periods during the
     day , one of which must be of no less than 8 -'.nnsecutive hours .  In this
     case the daily rest period shall be increase I to 12 hours .
2.   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 .
3 . 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 tne vehicle is normally
     based or where the driver is based , or to a minimum of 24 consecutive
     hours if taken elsewhere . Each reduction shall he compensated by an
     equivalent rest taken en bloc before the end of the following week .
 ---pagebreak---                                         - 6 -
A.   In che case of international carriage of passengers other than on
     regular services , che weekly resc period may he postponed until Che
     week following chat In respecc of which che rest Is due and either
     Incorporated Into or added immediately following che second week 's
     weekly resc .
     Member States may extend these provisions to national passenger
     services within their territory other than regular services .
5 . 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 che driver concerned , at
     the vehicle 's parking place or driver 's base .
6.   The dally rest period may be taken In a vehicle as long as it is fitted
     with a bunk and Is stationary ."
                                    Article 6
Article 15 of Regulation ( EEC ) No . 3820/ 85 Is hereby replaced by the following :
                                  " Article 15
1.  The transport undertaking shall organize drivers' work in such a way
     that drivers are able to comply with the relevant provisions of this
    Regulation and of Regulation ( EEC ) No 3821 / 85 .
2.  The undertaking shall make periodic checks to ensure chat the
    provisions of the aforesaid regulations have been complied with .     If
                                      «
     breaches are found to have occurred che undertaking shall take
    appropriate steps to prevent their repetition .
3.  The undertaking shall make all relevant documentation available to the
    competent authorities upon request , thereby facilitating checks on
    compliance with the provisions of this Regulation and of Regulation ( EEC )
    No 3821 / 85 .
 ---pagebreak---                                            - 7 -
                                        Article 7
    Article 16 of Regulation ( EGC ) No . 3820/ 85 is hereby replaced by the following :
                                       " Article 16
    1.  The Commission shall produce a report every year on the implementation
        of this Regulation by Member States . The Commission shall forward the
        report to the Council and the European Parliament within 13 months
        following the period covered by the report .
    2.  To enable the Commission to draw up the report referred to in
        paragraph 1 , Member States shall , using a standard form , communicate
        the necessary information to the Commission every year .       This
        information must reach the Commission no later than nine months
        following the end of che period covered by the report .
   3.   The Commission shall draw up the standard form after consultation with
        the Member States . "
                                       Article 8
   Article 15(7 ) of Regulation 3821 /85 is hereby replaced by the following :
   "7 . Uhenever requested by an authorized inspecting officer to do so, the driver
   shall produce record sheets for the current driving week and the driving
   week preceding that week ."
                                       Article 9
   This Regulation shall enter into force on        5 September 1988 .
This Regulation shall be binding in its entirety and directly applicable in
all Member States .
                                                              For the Council
Done at Brussels,
 ---pagebreak---                                  Proposai 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
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
and in particular Article 75 thereof ,
Having regard to the proposal from the Commission ( 1 ),
Having regard to the opinion of the European Parliament ( 2 ),
Having regard to the opinion of the Economic and Social Committee ( 3 ),
(1)
(2)
(3)
 ---pagebreak---                                         - 2 -
 Whereas Regulations ( EEC ) No 3820 /85 ( 4 ) and ( EEC ) No 3821 /85 ( 5 ), as amended
 by Régulation ( EEC ) No .•. ( 6 ), are essential for the création of a
 common market for inland transport services ;
 Whereas proper application of the social regulations in road transport
 requires uniform and effective checking by Member States ;
 Whereas 1t is necessary to Introduce minimum requirements to check
compliance with the relevant provisions in order to reduce and prevent
 Infringements ;
Whereas checking procedures should be both retrospective and preventive ;
Whereas effective and efficient control throughout the Community will
require the exchange of information on the enforcement of the Regulations
in Member States ;
Whereas the exchange of information should be compulsory and take place at
regular intervals ;
Whereas to facilitate the exchange of Information it is necessary to
introduce a standard reporting form ,
'1AS ADOPTE !) THIS DIRECTIVE :
                                     Article 1
                                    Definitions .
For the purposes of this Directive :
1.    " Check” means inspection of driving records , uuty rosters , work
      schedules , wage records , driving licences and other relevant
      documentation .
( 4 ) 0J No L 370, 31.12.1985 , p. 1 .
( 5 ) 0J No L 370, 31.12.1985 , p. 8 .
(6)
 ---pagebreak---                                        - 3 -
 2.   " Duty roster” means manual record of driving hours .
 3.  " Driving record " means mechanical and / or manual record of hours
     driven .
 4.  " Work schedule " means programme / timetable of driving and other work,
     activities .
 5.  " Competent authority" means the national authority or authorities
     empowered to enforce and control the implementation of Social
     Regulations In the road transport sector .
 6.  " Authorized Inspecting officer " means any official authorized Dy the
     competent authority to carry out checks within the meaning of this
     Directive and Regulations ( EF.C ) No 3820/ 85 and No 3821 / 85 .
                                    Article 2
                                     Control
Member States shall , from . , ensure that the minimum
requirements , as Laid down io this Directive , for the control of the correct
and uniform application of Regulations ( EEC ) No 3820 / 85 and ( EEC ) No 3821 / 85 ,
are introduced .
                                    Article 3
1.  Member States shall organize checks In such a way that each year they
    cover £0Z of the vehicles circulating in their territory and falling
    within the scope of the above Regulations and 30% of the undertakings
    established in their territory carrying out transport operations
    falling within the scope of the above Regulations .
 ---pagebreak---                                             4 -
 2 . The checks referred to in paragraph 1 shall cover passenger and goods under ¬
       takings and drivers , both own account and hire and reward . Thenumberof checks
       shall be commensurate with the relative importance of these categories .
 3 . Checks shall be carried out both at the roadside and at premises of
      undertakings .
 4.              checks , for the purposes or this Directive , shall include
      verification of the - recording equipment and / or duty rosters to ensure
      compliance with driving periods , breaks and rest periods , the driver 's
      licence and other relevant documentation .
      To facilitate the authorized inspecting officers' task they snail he
      provided with a language chart containing         . expressions currently
      used and relating to transport operations .
 5.   Roadside checks shall be organized at a variety of locations and
      tlmes .                                         „
 6.   Checks at premises of undertakings , for the purposes of this Directive ,
      shall Include examination of driving records , past work schedules and
      wage records .
     Authorized inspecting officers shall , under the provisions of Article
      13 of Regulation ( EEC ) No 3820/ 85 , also check future work schedules .
7.   The number of checks carried out and the results of such checks shall
      he Included in the annual report submitted to the Commission in
     accordance with Article 16 of Regulation ( EEC ) No . 3820 /85 .
8. Checks at the premises of undertakings may be carried out by the national
     authorities at the request of the competent authorities of another
     Member State .                                                           '
 ---pagebreak---                                         5
                                    Article 4
1.  Member States shall , four times each year , undertake simultaneous
    operations to check vehicles falling within the scope of the aforesaid
    Regulations .   Such operations shall be carried out on the following
    days :
    -    the third working Monday of January
         the third working Monday of April
         the third working Monday of July
   -     the third working Monday of October
2. The results of the simultaneous operations shall be communi cated to the
   Commission In the annual report submitted by Member States in
   accordance with Article 16 of Regulation ( EEC ) No 3820 / 85 .
                                   Article 5      .
                            Exchange of information
1. Member States shall exchange information on the application of the
   provisions of the aforesaid Regulations .
2. Every three months , commencing the first working day of . , each
   Member State shall Inform the other Member States of
   -    breaches of the Regulations committed by non-residents on their
        territory during the previous three months ;
                                     *
   -    penalties , if any , Imposed during that period on non-residents for
        such breaches ;
   -    penalties , if any , Imposed by the competent authority on its
        residents for such breaches committed in other Member States during
        that period .
 ---pagebreak--- 3.  For this purpose the competent authorities In each Member State shall
    use the standard reporting form set out in the Annex to this Directive .
4.  Member States shall , to ensure a full Implementation of the aforesaid
    Regulations , upon request by the competent authorities of another
    Member State , furnish all relevant details of specific breaches
    committed on Its territory by Its residents and / or non-residents .
                                  Article 6
Member States shall communicate to the Commission all the laws , regulations
and administrative provisions which they adopt for the application of this
Directive .
                                  Article 7
This Directive is addressed to the Member States .
Done at Brussels ,                                           For the Counci l
 ---pagebreak---     ANNEXE 1
                                                            STANDARD REPORT FORM
                 IDBNTIP1C/1TI0N                      BREACH                 PLACE OF BREACH         ACTION TAKEN
          Driver              Undertaking           ( Article and
                                                description of breach )                      ( Description of sanction )
  ( Name of driver - date      ( Name and .
     of driving licence )   registered office )
                                                                   •
                                                                                                    %
/
1
i
1
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