Minimum requirements on maximum daily and weekly driving times, minimum breaks and daily and weekly rest periods; positioning by means of tachographs  
2017/0122(COD) - 07/06/2018  

The Committee on Transport and Tourism adopted the report by Wim van de CAMP (EPP, NL) on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 561/2006 as regards on minimum requirements on maximum daily and weekly driving times, minimum breaks and daily and weekly rest periods and Regulation (EU) 165/2014 as regards positioning by means of tachographs.

The Committee on Employment and Social Affairs, exercising its prerogatives as an associate committee under Rule 54 of the Rules of Procedure of the European Parliament, also gave its opinion on this report

The proposal is part of a package of legislative measures (Europe on the move", for clean, competitive and connected mobility), the aim of which is to guarantee fair competition, simplify existing rules, preserve the internal market and ensure that the rights of road transport workers are respected. The committee recommended that the position of the European Parliament adopted at first reading in the ordinary legislative procedure amend the Commission proposal as follows:

Scope: in order to ensure a European wide-level playing field in road transport, the Regulation will apply to all vehicles exceeding 2.4 tonnes engaged in international transport.

It is proposed to define ‘home’ as the registered residence of the driver in a Member State.

Weekly rest period of drivers: in any four consecutive weeks a driver shall take at least: (i) our regular weekly rest periods, or (ii) two regular weekly rest periods of at least 45 hours and two reduced weekly rest periods of at least 24 hours; or (iii) three regular weekly rest periods of at least 45 hours and one reduced weekly rest period of at least 24 hours.

A transport undertaking shall organise the work of drivers in such a way that the drivers are able to spend at least one regular weekly rest period or a weekly rest of more than 45 hours taken in compensation for reduced weekly rest at home or another location of the driver's choosing before the end of each period of three consecutive weeks.

The driver shall inform the transport undertaking in writing no later than two weeks before such rest period, if it will be taken in a place other than the driver’s home. When a driver chooses to take this rest at home, the transport undertaking shall provide the driver with the necessary means to return home.

Where the work of a driver predictably includes activities for the employer other than his/her professional driving tasks, such as loading / unloading, finding parking space, maintaining the vehicle, route preparation etc., the time he/she needs to perform these tasks shall be taken into account when determining both his/her working time, and the possibility for adequate rest and pay.

Bus drivers should be able to take their breaks more flexibly, without extending their driving time or reducing the length of their breaks and rest periods.

Dedicated parking areas: the Commission’s proposal introduces a ban on weekly rests in a vehicle of overall 45 hours or more, expanding it to include the reduced weekly rest. Members required employers to provide drivers with adequate accommodation featuring appropriate sleeping and hygiene facilities, whenever drivers are unable to take a weekly rest at a private place of their choice.

Members proposed, however, to introduce a derogation to the general rules banning rest in vehicles, so that a driver may take regular weekly rest periods and reduced weekly rest periods in any parking areas that are self-certified as Dedicated Parking Areas (DPA).

Dedicated parking areas should have all of the facilities necessary for good resting conditions, that is to say sanitary, culinary, security and others.

Member States must ensure that random checks are regularly carried out to verify that the characteristics of parking areas comply with the criteria applicable to dedicated parking areas. Drivers will be provided with information on safe stopping and parking areas to allow for better route planning. Member States will be encouraged to support the creation of safe and adequate parking areas and to make the necessary investments.

Actual driving times: Members proposed that the driver may depart exceptionally from the rules after a rest of 30 minutes, so as to be able to reach within two hours the employer's operational centre where the driver is normally based. This period of up to two hours shall be compensated by an equivalent period of rest taken in one go, by the end of the third week following the week in question.

Tachograph: in order to enhance cost-effectiveness of enforcement of the social rules, Members considered that the current and smart tachographs systems should be mandatory in international transport.