Activities of Mounir SATOURI related to 2023/0155(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 561/2006 as regards minimum requirements on minimum breaks and daily and weekly rest periods in the occasional passenger transport sector
Amendments (16)
Amendment 16 #
Proposal for a regulation
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The European Parliament rejects the Commission proposal.
Amendment 18 #
Proposal for a regulation
Recital 3
Recital 3
(3) However, the specificities of the occasional road passenger transport sector are not shared by the road freight transport or the regular road passenger transport sector. Occasional road passenger transport is characterised by high seasonality and different lengths of time spent driving which depend on the touristic activities undertaken by passengers. It needs to accommodate unscheduled and impromptu requests from passengers in terms of additional stops and changes of the route or the schedule, wherever feasible. Occasional road passenger transport generallycan sometimes involves less driving time, notably at night, when compared to freight transport or regular bus services . In addition drivers usually sleep in hotels, and seldom drive at night. On the other handHowever, when taking into account the total number of hours work, such as other type of professional driving, there is a significant cumulative impact on driver fatigue and stress. Morevover, drivers during the working time may beare usually subjected to someignificant additional activities, often resulting from interactions with passengersincluding interactions with passengers, cleaning or loading and unloading baggage. These tasks are usually performed during break times leading to high rates of exhaustion and fatigue.
Amendment 20 #
Proposal for a regulation
Recital 4
Recital 4
(4) The ex post evaluation of Regulation (EC) No 561/2006 concluded that some of the uniform rules related to minimum breaks and rest periods do not fit the specificities of occasional road passenger transport services. Further assessments undertaken by the Commission in that respect have shown that some of the requirements of Regulation (EC) No 561/2006 on breaks and daily and weekly rest periods are unsuitable and impractical for drivers and operators engaged in the occasional road carriage of passengers, as they have a negative impact on the ability to organise efficient and high-quality occasional passenger services, on the working conditions of drivers, and consequently on road safetyat the expense of the drivers working conditions. Unplanned requests from passengers for additional services during their break and rest time add up to drivers’ fatigue and stress and therefore endanger road safety as well as the health and safety of drivers.
Amendment 21 #
Proposal for a regulation
Recital 5
Recital 5
(5) Therefore, it is appropriate to adaptstrengthen the requirements on minimum breaks and rest periods to fit, as well, the specific requirements of the occasional road passenger transport services. It is also appropriate to align applicable rules for national and international occasional- passenger transport services by road.
Amendment 22 #
Proposal for a regulation
Recital 6
Recital 6
(6) More flexible rRules in the scheduling of the breaks and rest periods of drivers engaged in occasional road passenger transport services should in no way jeopardise the safety of drivers, road safety, increase the level of fatigue of drivers or lead to a deterioration in working conditions. Such as well as their physical and mental health and safety. Any flexibility should therefore not alter the current rules on the total minimum breaks, on maximum driving periods per day and per week and on the maximum fortnightly driving time.
Amendment 25 #
Proposal for a regulation
Recital 7
Recital 7
Amendment 26 #
Proposal for a regulation
Recital 8
Recital 8
(8) More flexibility in the scheduling of breaks for dDrivers engaged in occasional road passenger transport services should not prevent those drivers from takinge breaks of the minimum duration necessary to enable them to rest properly. Therefore, it is appropriate to set a minimum duration for each break. Therefore, drivers engaged in occasional road passenger transport services should be allowed to split their obligatory break into three separate breaks of at least 15 minutes each, in addition to the other possibility of splitting a break.
Amendment 32 #
Proposal for a regulation
Recital 9
Recital 9
(9) To ensure that greater flexibility in the scheduling of rest periods of drivers engaged in occasional road passenger transport services is not abused, it is essential to clearly delimit the scope of such flexibility and also to provide for appropriate checks by national competent authorities and the European Labour Authority (ELA). With a view to effective and efficient enforcement, administrative requirements that take full advantage of digital tools should be established. Drivers should therefore be able to postpone the start of their daily rest periods for a maximum period of 1 or 2 hours, in cases where the driving periodtotal working time for that day has not exceeded 5 or 7 hours respectively, and should postpone the start only when carrying out journeys of 8 days or longer. Such flexibility should be further limited to only one of each derogation during the period of the tour. It should be also possible to counter check such circumstances with a printout from the recording equipment or the duty roster, in addition to the tachograph records. n addition to the tachograph records, a digital journey form should be electronically registered prior to the start of an international journey. The digital forms should be accessible in real time during road side checks and be solely used for controls and enforcement. For this purpose the Commission should develop a multilingual interface on the basis of the IMI system to allow operators to upload their digital journey forms. Social partners at Union and national level can play an essential role in improving the enforcement of existing regulations. They should be invited to undertake joint actions, develop guidelines and issue recommendations in this regard. In light of such additional flexibility and increasing driver shortages that can also increase pressure on drivers, the Commission should regularly monitor the impact of this derogation on driver well- being, working conditions in the sector, and road safety.
Amendment 37 #
Proposal for a regulation
Recital 10
Recital 10
Amendment 40 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EC) N°561/2006
Article 7 – paragraph 4
Article 7 – paragraph 4
For a driver engaged in an occasional passenger service the break referred to in the first paragraph may also be replaced by threewo breaks of at least 125 minutes each, distributed over the driving period referred to in the first paragraph, in such a way as to comply with the first paragraph.;requirement to take an uninterrupted break after a driving period of four and a half hours.
Amendment 45 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Regulation (EC) 561/2006
Article 8 – paragraph 2a – subparagraph 1
Article 8 – paragraph 2a – subparagraph 1
2a. Provided that road safety isand the health and working conditions of the driver are not thereby jeopardised, a driver engaged in an single occasional passenger service with a duration of at least 8 days may derogate from paragraph 2, first subparagraph, in the following ways:
Amendment 49 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Regulation (EC) 561/2006
Article 8 – paragraph 2a – subparagraph 1 – point a
Article 8 – paragraph 2a – subparagraph 1 – point a
(a) postponing the regular daily rest period by at most 1 hour, provided that the total accumulated drivworking time for that day has not exceeded 7 hours;
Amendment 53 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Regulation (EC) 561/2006
Article 8 – paragraph 2a – subparagraph 1 – point b
Article 8 – paragraph 2a – subparagraph 1 – point b
Amendment 60 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Regulation (EC) N°561/2006
Article 8 – Paragraph 2a– Subparagraph 2
Article 8 – Paragraph 2a– Subparagraph 2
Amendment 63 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point b
Article 1 – paragraph 1 – point 3 – point b
Regulation (EC) 561/2006
Article 8 – paragraph 6a – introductory part and point a
Article 8 – paragraph 6a – introductory part and point a
Amendment 65 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point b – introductory part
Article 1 – paragraph 1 – point 3 – point b – introductory part
Regulation (EC)561/2006
Article 8 – paragraph 6a – paragraph 1 – point d a (new)
Article 8 – paragraph 6a – paragraph 1 – point d a (new)
(b) in paragraph 6a, the introductory phrase and point (a) are replaced by the following:point (da) is inserted: a digital journey form including all features specified in Regulation (EC) N°1073/2009 has been electronically registered prior to the start of the journey