CELEX: 51988PC0021(01)
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

3. 5. 88                                 Official Journal of the European Communities                            No C 116/15
                                                                II
                                                        (Preparatory Acts)
                                                   COMMISSION
              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
                                                        COM(88) 21 final
                                (Submitted by the Commission to the Council on 18 April 1988)
                                                          (88/C 116/20)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                            Whereas the social regulations are essential to the
                                                                    creation of a common market for inland transport
                                                                    services;
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 75
                                                                    Whereas harmonization of social conditions is essential
thereof,
                                                                    to ensure fair competition in the inland transport sector;
Having regard to Council Decision 65/271/EEC of 13                  Whereas, given that many public services are now
May 1965 on the harmonization of certain provisions                 performed by private undertakings, it is necessary to
affecting competition in transport by rail, road and                specify that only public authority vehicles or vehicles
inland waterway ('), and in particular Section III thereof,         under contract to public authorities are excluded from
                                                                    the scope of these provisions;
Having regard to the proposal from the Commission,
                                                                    Whereas to ensure more uniform and effective appli-
                                                                    cation and control of social legislation on drivers' hours,
Having regard        to   the  opinion    of   the  European        certain provisions of Regulations (EEC) No 3820/85
Parliament,                                                         and (EEC) 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
Having regard to the opinion of the Economic and                    periods should be clarified;
Social Committee,
                                                                    Whereas to reinforce checks on the provisions, the
                                                                    powers of the competent authorities should be extended
Whereas in the field of road transport, Community                   and there should be more frequent communication on
social legislation is set out in Council Regulations (EEC)          the implementation of the regulations by Member States
No 3820/85 (2) and (EEC) No 3821/85 ( 3 );                          to the Commission,
Whereas this legislation aims at the harmonization of               HAS ADOPTED THIS REGULATION:
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                                          Article 1
road safety;
                                                                                             Definitions
Whereas the Judgment of the Court of Justice of the                 Article 1 (4) of Regulation (EEC) No 3820/85 is hereby
European Communities of 22 May 1985 in case 13/83                   replaced by the following:
reaffirms the need for the freedom to provide services
                                                                        '4. — "Week" means any period of seven conse-
within the Community;
                                                                                cutive days.
                                                                            — "Day" means any period of 24 hours.
(*) OJ No 88, 24. 5. 1965, p. 1500/65.                                  For the purposes of this Regulation a period of seven
(2) OJ No L 370, 31. 12. 1985, p. 1.                                    days or 24 hours commences from the time a driver
O OJ No L 370, 31. 12. 1985, p. 8.                                      starts driving following a weekly rest period.'
 ---pagebreak--- N o C 116/16                            Official Journal of the European Communities                                    3. 5. 88
                          Article 2                                    4.     During these breaks, the driver may not carry
                                                                       out any other work. For the purposes of this Article,
                            Scope                                      the waiting time and time not devoted to driving
                                                                       spent in a vehicle in motion, a ferry, or a train shall
Article 4 (6) of Regulation (EEC) N o 3820/85 is hereby                not be regarded as "other work".
replaced by the following:
                                                                       5.     The breaks observed under this Article may not
    '6.     Vehicles used by public authorities or under               be regarded as daily rest periods.'
    contract to public authorities in connection with
    sewerage, flood protection, water, gas and electricity
    services, highway maintenance and control, refuse                                        Article 5
    collection and disposal, telegraph and telephone
    services, carriage of postal articles, radio and tele-                                  Rest periods
    vision broadcasting and the detection of radio or
    television transmitters or receivers.'                        Article 8 of Regulation (EEC) No 3820/85 is hereby
                                                                   replaced by the following:
                          Article 3                                     Article 8
                       Driving periods                                 1.     In each period of 24 hours, a driver shall have a
                                                                       rest period, hereafter referred to as "daily rest
Article 6 of Regulation (EEC) N o 3820/85 is hereby                    period", of no less than 11 consecutive hours. This
replaced by the following:                                             daily rest period may be reduced to a minimum of
                                                                       nine consecutive hours, not more than three times in
     Article 6                                                         any one week. Each reduction shall be compensated
                                                                       by an equivalent period of rest granted as compen-
                                                                       sation before the end of the following week.
    1.     The driving period in any 24-hour period,
    hereafter called "daily driving period" shall not                  Where the rest period is not reduced in accordance
    exceed nine hours. The daily driving period may be                 with the above paragraph, it may be taken in two or
    extended twice in any one week to 10 hours.                        three separate periods during the day, one of which
                                                                       must be of no less than eight consecutive hours. In
                                                                       this case the daily rest period shall be increased to 12
    2.     In any one week the total driving period shall
                                                                       hours.
    not exceed 56 hours and in any two consecutive
    weeks it shall not exceed 90 hours.'
                                                                       2.     Where a vehicle is manned by at least two
                                                                       drivers, each driver shall have a rest period of no less
                                                                       than eight consecutive hours during each period of
                          Article 4
                                                                       30 hours.
                           Breaks
                                                                       3.     Before the end of each week, a driver shall have
Article 7 of Regulation (EEC) No 3820/85 is hereby                     a rest period, hereafter referred to as "weekly rest
replaced by the following:                                             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
     Article 7
                                                                       vehicle is normally based or where the driver is
                                                                       based, or to a minimum of 24 consecutive hours if
    1.     For any period of four-and-a-half hours driving             taken      elsewhere.    Each    reduction    shall    be
    a driver shall take a break of no less than 45 minutes.            compensated by an equivalent rest taken en bloc
                                                                       before the end of the following week.
    2.     This break may be divided into breaks of no
    less than 15 minutes each, provided that the                       4.     In the case of international carriage of
    provisions of paragraph 1 are complied with.                       passengers other than on regular services, the weekly
                                                                       rest period may be postponed until the week
    3.     Notwithstanding paragraph 1, in the case of                 following that in respect of which the rest is due and
    national carriage of passengers on regular services,               either incorporated into or added immediately
    Member States may fix the minimum break at no less                 following the second week's weekly rest.
    than 30 minutes after a driving period not exceeding
    four hours. Such exceptions may be granted only in                 Member States may extend these provisions to
    cases where breaks in driving of over 30 minutes                   national passenger services within their territory
    could hamper the flow of urban traffic and where it                other than regular services.
    is not possible for drivers to take a 15-minute break
    within four-and-a-half hours of driving prior to a                  5.    Any rest taken as compensation for the
    30-minute break.                                                   reduction of the daily and/or weekly rest periods
 ---pagebreak--- 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.