Activities of Ciarán CUFFE related to 2023/0155(COD)
Shadow reports (1)
REPORT 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 (20)
Amendment 7 #
Proposal for a regulation
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The European Parliament rejects the Commission proposal.
Amendment 8 #
Proposal for a regulation
Recital 1
Recital 1
(1) Good working conditions for drivers and fair business conditions for road transport undertakings are of paramount importance to create an efficient, safe and socially accountable road transport sector, ensure non- discrimination and attract qualified workers, particularly when various factors, including driver shortages and inadequate enforcement of the rules, are contributing to increased pressure on drivers. It is therefore essential that Union social rules on road transport are clear, proportionate, fit for purpose, easy to apply, and easy to enforce and implemented in an effective and consistent manner throughout the Union.
Amendment 9 #
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 hand, drivers during the working time may be subject to someHowever, when the total number of hours worked is taken into account, including other professional driving, the cumulative impact on driver fatigue and stress can be significant. Moreover, drivers are often required to perform additional actividuties, often resulting from interactions with passengers, including cleaning, loading and unloading luggage, acting as a tour guide, planning routes, re-routing, attending to special requests and so on. These tasks are usually performed during break periods and can exacerbate driver stress and fatigue.
Amendment 13 #
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 safetymay be worsening the working conditions for drivers, including for example a fear amongst drivers to admit to driving while fatigued, and consequently a negative impact on road safety and a reduction in the attractiveness of the sector.
Amendment 14 #
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 and improve working conditions. It is also appropriate to align applicable rules for national and international occasional- passenger transport services by road.
Amendment 18 #
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 flexibility should therefore not alter the current rules on the total minimum breaks, on or the well-being of drivers. The changes should therefore not alter maximum driving periods per day and per week and onor the maximum fortnightly driving time.
Amendment 20 #
Proposal for a regulation
Recital 8
Recital 8
(8) More flexibility in the scheduling of breaks for drivers engaged in occasional road passenger transport services should not prevent those drivers from taking breaks of the minimum duration necessary to enable them to rest properly, including sufficient time to eat and use the bathroom. Therefore, it is appropriate to set a minimum duration for each break while allowing for more frequent stops that may suit the nature of some occasional road passenger transport services. Therefore, drivers engaged in occasional road passenger transport services should be allowed to split their obligatory break into three separate breaks of at least 1520 minutes each, in addition to the other possibility of splitting a break. Such increased flexibility for operators should result in drivers being compensated with a small increase in the minimum duration of the overall break time.
Amendment 26 #
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 respectivelyand the vehicle is multi- manned, 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. In 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 30 #
Proposal for a regulation
Recital 10
Recital 10
(10) Limiting the possibility to postpone the weekly rest period for up to 12 consecutive 24-hour periods exclusively to occasional international passenger services has a negative impact in terms of undistorted and fair competition between operators, especially small and medium enterprises. Occasional national passenger services might as well provide their services under the same conditions as occasional international passenger services in terms of the distance travelled or the duration or services rendered to passengers. Occasional national passenger services should therefore also benefit from such possibility, although in order to improve the working conditions for drivers and avoid increasing driver fatigue and stress during such long journeys, vehicles used for journeys that derogate in such a manner should be multi-manned.
Amendment 33 #
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) In order to promote a culture of safety, driver well-being and improve the attractiveness of the sector, the Commission should come forward with a proposal establishing a public list of operators covered by this Regulation that are found to have committed serious and recurring infringements of this Regulation, or are the subject of an operating ban in a Member State. Such a list would mirror the provisions of Regulation 2111/2005 and would help to improve driver working conditions and road safety within the Union.1a _________________ 1a Regulation (EC) No 2111/2005 of the European Parliament and of the Council of 14 December 2005 on the establishment of a Community list of air carriers subject to an operating ban within the Community and on informing air transport passengers of the identity of the operating air carrier, and repealing Article 9 of Directive 2004/36/EC
Amendment 44 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation 2006/561/EC
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
For a driver engaged in an occasional passenger service the break referred to in the first paragraph may also be replaced by three breaks of at least 1520 minutes each, distributed over the driving period referred to in the first paragraph, in such a way as to comply with the requirement to take an uninterrupted break after a driving period of four and a half hours or a rest period, pursuant to the first paragraph.;
Amendment 52 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a Regulation 2006/561/EC
Article 1 – paragraph 1 – point 3 – point a Regulation 2006/561/EC
2a. Provided that road safety is not thereby jeopardisand the health and working conditions of the driver are not thereby jeopardised, and that the vehicle is multi-manned, 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 58 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Regulation 2006/561/EC
Article 8 – paragraph 2 a – subparagraph 1 – point a
Article 8 – paragraph 2 a – 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 62 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Regulation 2006/561/EC
Article 8 – paragraph 2 a – subparagraph 1 – point b
Article 8 – paragraph 2 a – subparagraph 1 – point b
Amendment 69 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Regulation 2006/561/EC
Article 8 – paragraph 2 a – subparagraph 2
Article 8 – paragraph 2 a – subparagraph 2
Amendment 81 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point b
Article 1 – paragraph 1 – point 3 – point b
Regulation 2006/561/EC
Article 8 – paragraph 6 a – subparagraph 1 – point a (new)
Article 8 – paragraph 6 a – subparagraph 1 – point a (new)
(aa) the vehicle is multi-manned;’
Amendment 82 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point b
Article 1 – paragraph 1 – point 3 – point b
Regulation 2006/561/EC
Article 8 – paragraph 6 a – subparagraph 1 – point a b (new)
Article 8 – paragraph 6 a – subparagraph 1 – point a b (new)
(ab) 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
Amendment 84 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point b a (new)
Article 1 – paragraph 1 – point 3 – point b a (new)
Regulation 2006/561/EC
Article 8 – paragraph 6 a – subparagraph 2
Article 8 – paragraph 6 a – subparagraph 2
(ba) in paragraph 6a, subparagraph 2 is replaced by the following: "The Commission shall monitor closelyregularly monitor the use made of this derogation in order to ensure the preservation of road safety under road safety is not negativerly strict conditionsimpacted, in particular by checking that the total accumulated driving and working time during the period covered by the derogation is not excessive. By 4 December 2012, the Commission shall draw up a report assessing the consequences of the derogation in respect of road safety as well as social aspects. If it deems it appropriate, the Commission shall propose amendments to this Regulation in this respect. contributing to driver fatigue and stress, or a general deterioration in the working conditions of drivers across the sector, also taking into account additional professional driving performed by drivers." Or. en (02006R0561)
Amendment 86 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Regulation 2006/561/EC
Article 9 b (new)
Article 9 b (new)
Amendment 90 #
Proposal for a regulation
Article 2 – paragraph -1 (new)
Article 2 – paragraph -1 (new)
Regulation 2006/561/EC
Article 21 a (new)
Article 21 a (new)
-1 After Article 21, the following Article 21a is inserted: By 1st March 2025, the Commission shall publish a proposal on the establishment and publication of a public list of operators which are covered by this Regulation and that are found to have committed serious and recurring infringements of the provisions of this Regulation.