24 Amendments of Inés AYALA SENDER related to 2017/0122(COD)
Amendment 45 #
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 creating a safe, efficient and, socially accountable and non- discriminatory road transport sector. To facilitate that process it is essential that the Union social rules in road transport are clear, fit for purpose, easy to apply and to enforce and implemented in an effective and consistent manner throughout the Union.
Amendment 52 #
Proposal for a regulation
Recital 2
Recital 2
(2) Having evaluated the effectiveness and efficiency of the implementation of the existing set of Union social rules in road transport, and in particular Regulation (EC) No 561/2006 of the European Parliament and of the Council9, certain deficiencies were identified in the existing legal framework. Unclear and unsuitable rules on weekly rest, resting facilities, breaks in multi-manning and the absence of rules on the return of drivers to their home, lead to diverging interpretations and enforcement practices in the Member States. Several Member States recently adopted unilateral measures further increasing legal uncertainty and unequal treatment of drivers and operators and the fragmentation of the single European transport area. _________________ 9 Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85 (OJ L 102, 11.4.2006, p. 1).
Amendment 59 #
Proposal for a regulation
Recital 3
Recital 3
(3) The ex-post evaluation of Regulation (EC) No 561/2006 confirmed that inconsistent and ineffective enforcement of the Union social rules was mainly due to unclear rules, inefficient use of the control tools and insufficient administrative cooperation between the Member States, increasing the fragmentation of the European internal market.
Amendment 77 #
Proposal for a regulation
Recital 6
Recital 6
(6) Drivers engaged in long-distance international transport operations spend long periods away from their home. The current requirements on the regular weekly rest unnecessarily prolong those periods. It is thus desirable to adapt the provision on the regular weekly rest in such a way that it is easier for drivers to carry out transport operations in compliance with the rules and to reach their home for a regular weekly rest, and be fully compensated for all reduced weekly rest periods. It is also necessary to provide that operators organise the work of drivers in such a way that these periods away from home are not excessively long. As part of the EU support to multimodal transport, clear, appropriate provisions regarding rest periods and breaks should therefore be laid down for road transport operations within the Community involving transport by ferry or by rail for part of the journey.
Amendment 98 #
Proposal for a regulation
Recital 7
Recital 7
(7) There are differences among Member States in the interpretation and implementation of the weekly rest requirements as regards the place where the weekly rest should be taken. It is therefore appropriate to clarify that requirement to ensure that drivers are provided with adequate accommodation for their regular weekly rest periods if they are taken away from home, with the cost being borne by the undertaking.
Amendment 104 #
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) The dedicated parking areas for drivers must be public and provide adequate conditions of security for vehicles and their cargo as well as for drivers, who shall also have access to decent sanitary facilities which on no account should give rise to circumstances deleterious to their physical condition and rest.
Amendment 116 #
Proposal for a regulation
Recital 8
Recital 8
(8) Drivers are often faced with unforeseen circumstances which make it impossible to reach a desired destination forhome for the purpose of taking a weekly rest without violating Union rules. It is desirable to make it easier for drivers to cope with those circumstances and enable them to reach their destination for a weekly rest without breaching the requirements on maximum driving times.
Amendment 126 #
Proposal for a regulation
Recital 10
Recital 10
(10) In order to ensure uniform conditions for the implementation of Regulation (EC) No 561/2006 implementing powers should be conferred on the Commission in order to clarify any of the provisions of thatensure uniform implementation of the aforementioned Regulations and to establish common approset out a uniform format for transmitting the data from the smart tachograph to the national databases; so as to make them achces on their application and enforcementsible for road-side inspectors through an electronic application common to all the Member States of the EU providing direct real-time access to the ERRU and the IMI. Those powers should be exercised in accordance with Regulation (EU) No 182/201110. _________________ 10 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 127 #
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) In the event that, to ensure compliance with this Regulation, it is agreed to shorten the current deadlines for the introduction of smart tachographs, EU financing should be provided, mainly through the CEF post 2020.
Amendment 130 #
Proposal for a regulation
Recital 11
Recital 11
(11) To enhance cost-effectiveness ofand safeguards in the enforcement of the social rules, the potential of the current and future tachograph systems should be fully exploited. Therefore the functionalities of the tachograph should be improved to allow for more precise positioning, in particular during international transport operationintroduction of smart tachograph systems may be brought forward in international transport, with the concommitant increase in flexibility for undertakings and drivers and reduced risk of discriminatory checks.
Amendment 190 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 (new)
Article 1 – paragraph 1 – point 2 (new)
Regulation (EC) No 561/2006
Article 4 – paragraph 1– point r a (new)
Article 4 – paragraph 1– point r a (new)
(ra) In article 4, new point ra is added: ‘‘home’ means the undertaking’s base from where the driver usually leaves to carry out international transport operations and/or any other place agreed on by the parties.’
Amendment 259 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Regulation (EC) No 561/2006
Article 8 – paragraph 6 – point b
Article 8 – paragraph 6 – point b
(b) at least two regular weekly rest periods of at least 45 hours and at most two reduced weekly rest periods of at least 24 hours.
Amendment 288 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a a (new)
Article 1 – paragraph 1 – point 5 – point a a (new)
Regulation (EC) No 561/2006
Article 8 – paragraph 6 a (new)
Article 8 – paragraph 6 a (new)
(a a) Drivers engaged in occasional passenger services may derogate from the requirement to take a 24-hour rest in a given week provided they work for a maximum of twelve 24-hour periods, and this bloc of working periods is preceded by, and followed by, a regular weekly rest. If driving during the period from 22:00 to 06:00, the vehicle must be multi-manned or the driving period referred to in Article 7 reduced to three hours.
Amendment 305 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Regulation (EC) No 561/2006
Article 8 – paragraph 7
Article 8 – paragraph 7
7. Any rest period taken as compensation for a reduced weekly rest period shall immediately precede or follow a regular weeklybe attached to another rest period of at least 245 hours.;
Amendment 350 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Regulation (EC) No 561/2006
Article 8 – paragraph 8 b
Article 8 – paragraph 8 b
8b. 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 within each period of three consecutive weeks. or another location of the driver's choosing after each period of four consecutive weeks. The driver shall inform the transport undertaking in advance of taking said rest period at a location other than home. Should it not be possible to give the transport undertaking prior notice of the location chosen for the rest period before the journey, the driver shall have the option to make a reasoned request to the transport undertaking which may be assessed a posteriori once the driver has taken his rest. The transport undertaking shall provide the financial means for the driver’s return home. Should the driver choose a location other than his home, the undertaking shall provide the driver with the proportionate financial means for a regular return home.
Amendment 380 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c a (new)
Article 1 – paragraph 1 – point 5 – point c a (new)
Regulation (EC) No 561/2006
Article 8 – paragraph 9 a (new)
Article 8 – paragraph 9 a (new)
(c a) By way of derogation from paragraphs 6, 7 and 8b above, a driver engaged in occasional passenger services shall take an average of 45 hours weekly rest per week, calculated over a reference period of up to 13 weeks. A weekly rest period of at least 24 hours must be taken in each week. When making use of the derogation, within the13-week reference period, driver’s total driving time per any 4-week period must not exceed 160 hours. .
Amendment 382 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c a (new)
Article 1 – paragraph 1 – point 5 – point c a (new)
Regulation (EC) No 561/2006
Article 8 – paragraph 9 a (new)
Article 8 – paragraph 9 a (new)
(ca) 1. By way of a derogation of Article 8(8a), a driver may take regular weekly rest periods and any weekly rest of more than 45 hours taken in compensation for previous reduced weekly rest in the vehicle provided that it is in a safe parking area with adequate health and hygiene conditions and that there are security cameras.
Amendment 386 #
(c b) By way of derogation from paragraph 2, a driver engaged in an occasional service of carriage of passengers, as defined in Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services, may postpone, maximum two times per week, the daily rest with one hour, provided that the daily rest period taken after the use of the derogation is at least 9 hours.
Amendment 387 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c b (new)
Article 1 – paragraph 1 – point 5 – point c b (new)
Regulation (EC) No 561/2006
Article 8 – paragraph 9 a (new)
Article 8 – paragraph 9 a (new)
(cb) Paragraph 8a of this Article shall not apply when the regular weekly rest periods, reduced weekly rest periods and any weekly rest of more than 45 hours taken in compensation for previous reduced weekly rest are taken in locations certified as complying with the requirements of Article 8a, provided that the vehicle is stationary and has suitable sleeping facilities for each driver.;
Amendment 394 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6 (new)
Article 1 – paragraph 1 – point 6 (new)
Regulation (EC) No 561/2006
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
9 a. In Article 9, paragraph 1 a is inserted: "1a. Such a derogation should be extended to regular weekly rests when the ferry or train journey is 10 hours or more in duration."
Amendment 415 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7 a (new)
Article 1 – paragraph 1 – point 7 a (new)
Regulation (EC) No 561/2006
Article 13(1)(e)
Article 13(1)(e)
(e) vehicles operating exclusively on islands7a) Article 13(1)(e) shall be replaced by the following: "(e) vehicles operating exclusively on islands or regions isolated from the rest of the national territory not exceeding 2 300 square kilometres in area which are not linkconnected to the rest of the national territory by a bridge, ford or tunnel open for use by motor vehicles; , and which do not border another Member State;" Or. es (http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02006R0561- 20150302&from=EN)
Amendment 438 #
Proposal for a regulation
Article 2 – paragraph 1 – point -1 (new)
Article 2 – paragraph 1 – point -1 (new)
Regulation (EU) 165/2014
Article 3 – paragraph 4
Article 3 – paragraph 4
Amendment 464 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
Regulation (EU) 165/2014
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 475 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
Regulation (EU) 165/2014
Article 34 – paragraph 7 – subparagraph 1
Article 34 – paragraph 7 – subparagraph 1
7. The Commission shall ensure, as swiftly as possible, that the smart tachograph has the technology to automatically recognise the entry of a driver in a Member State, and thus make driving and road safety maintenance easier. Until this is possible, the driver shall enter in the digital tachograph the symbols of the countries in which the daily working period started and finished as well as where and when the driver has. After crosseding a border in, the vehicle on arrival at the suitable stopping place. Member States may require drivers of vehicles engaged in transport operations inside their territory to adddriver shall stop at the first possible stopping place, provided that road safety is not jeopardised, and shall enter in the digital tachograph the symbol of the country. Member States may require more detailed geographic specifications to be added to the country symbol, when the smart tachograph regulation comes into force, provided that those Member States have notified those detailed geographic specifications to the Commission before 1 April 1998.