6 Amendments of Liisa JAAKONSAARI related to 2008/0195(COD)
Amendment 34 #
Proposal for a directive
Recital 8
Recital 8
(8) Nevertheless, it is desirable that Member States continue to alert self- employed drivers of the adverse effects on health and safety as well as of negative impacts on road safety caused by excessively long working hours, inadequate rest or disruptive working patterns. If the rules on driving hours and rest periods laid down in Regulation (EC) No 561/2006 are violated to such an extent that there is a reason to believe that other working patterns of the self- employed driver could also have an adverse effect on road safety, Member States should take appropriate action to investigate the working patterns of that driver and, where appropriate, impose sanctions under national law.
Amendment 36 #
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) Since loading and unloading form a part of the driver's work that can contribute to fatigue, consideration should be given to including those activities as an integral part of driving time. To this end, the Commission should, in the interest of enforcement, be encouraged to study the feasibility of automatic recording of the time used for loading and unloading by means of a digital tachograph.
Amendment 56 #
Proposal for a directive
Article 1 – point 1 – subpoint a
Article 1 – point 1 – subpoint a
Directive 2002/15/EC
Article 2 – paragraph 1
Article 2 – paragraph 1
1. Theis Directive shall apply to mobile workers, as defined in Article 3 (d) of this Directive, employed by undertakings established in a Member State, participating in road transport activities covered by Regulation EC No 561/2006 or, failing that, by the AETR Agreement. This Directive shall also apply to mobile workers as defined in the second sentence of Article 3(d). For the purpose of this Directive, any person performing mobile road transport activities shall be considered as a mobile worker within the meaning of Article 3(d) unless that person establishes that none of the indicators referred to in Article 3(d) second subparagraph, points i, ii, iii, iv and v applies to that person's individual situation.
Amendment 73 #
Proposal for a directive
Article 1 – point 2 – subpoint b
Article 1 – point 2 – subpoint b
Directive 2002/15/EC
Article 3 – paragraph 2 – point d
Article 3 – paragraph 2 – point d
"'mobile worker' shall also include any person who is not tied to an employer by an employment contract or by any other type of working hierarchical relationship, but: i. who does not have the freedom to organise the relevant working activities; ii. whose income does not depend directly on the profits made; iii. who does not have the freedom, individually or through a cooperation between self-employed drivers, to have relations with several customers for whom one of the following indicators apply: i. who is subordinated to a user undertaking: does not have the freedom to organise his working place and time and the relevant working activities or has to submit to orders and instructions of another party in the performance of work; ii. whose income does not depend directly on the profits made, and who is economically, financially and socially dependent on the work done for and by an undertaking that belongs to someone else; who receives the following: periodic payment of remuneration and such remuneration constitutes the worker's sole or principal source of income; payment in kind, such as food, lodging or transport; recognition of entitlements such as weekly rest and annual holidays; payment by the party requesting the work for travel undertaken by the worker in order to carry out the work; iii. who does not have the freedom, individually or through a cooperation between self-employed drivers, to have relations with several customers; iiia. whose work is very similar to previous work executed for the same contractor; iiib. whose work involves the provision of tools, materials and machinery by the party requesting the work; iiic. who does not dispose of the vehicle used, either through ownership or through leases / lease; To justify a genuine self-employed status, the burden of proof shall in all cases fall upon the self-employed worker."
Amendment 86 #
Proposal for a directive
Article 1 – point 2 – subpoint e
Article 1 – point 2 – subpoint e
Directive2002/15/EC
Article 3 – paragraph 2 – point i
Article 3 – paragraph 2 – point i
(e) point (i) is replaced by the following: "“(i) '‘night work'’ shall mean work during a period of work which includes at least twoone hours of work performed during night time."”
Amendment 99 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2002/15/EC
Article 11 a – paragraph 1
Article 11 a – paragraph 1
1. Member States shall organise a system of appropriate and regular monitoring and controls in order to guarantee the correct and consistent implementation of the rules contained in this Directive. They shallIn addition to that, if the rules on driving hours and rest periods laid down in Regulation (EC) No 561/2006 are violated to such an extent that the rules on working time are likewise violated, Member States shall monitor and enforce the rules on working time. They shall furthermore ensure that the national bodies responsible for enforcement of the Directive have an adequate number of qualified inspectors and shall take whatever measures are appropriate.