21 Amendments of Tomasz Piotr PORĘBA related to 2017/0122(COD)
Amendment 4 #
Council position
Recital 15
Recital 15
(15) While in general regular weekly rest periods and longer rest periods canshall not be taken in the vehicle or in a parking area, but only in suitable accommodation, which may be adjacent to a parking area, i, by way of derogation relevant rest periods may be taken in vehicles, provided that the vehicle is parked in certified safe and secure parking area which provides parking places for commercial vehicles and service facilities fulfilling the minimum requirements. It is of utmost importance to enable drivers to locate safe and secure parking areas that provide appropriate levels of security and appropriate facilities. The Commission has already studied how to encourage the development of high- quality parking areas, including the necessary minimum requirements. The Commission should therefore develop standards for safe and secure parking areas. Those standards should contribute to promoting high- quality parking areas. The standards may be revised in order to cater for better access to alternative fuels, in line with policies developing that infrastructure. It is also important that parking areas are being kept free from ice and snow.
Amendment 6 #
Council position
Article 1 – paragraph 1 – point 6 – point a
Article 1 – paragraph 1 – point 6 – point a
Regulation (EC) No 561/2006
Article 8 – paragraph 6
Article 8 – paragraph 6
Amendment 8 #
Council position
Article 1 – paragraph 1 – point 6 – point c
Article 1 – paragraph 1 – point 6 – point c
Regulation (EC) No 561/2006
Article 8 – paragraph 8 – subparagraph 1
Article 8 – paragraph 8 – subparagraph 1
8. Where a driver chooses to do this, daily rest periods and reduced weekly rest periods away from base may be taken in a vehicle, as long as it has suitable sleeping facilities for each driver and the vehicle is stationary. The regular weekly rest periods and any weekly rest period of more than 45 hours taken in compensation for previous reduced weekly rest periods shall not be taken in a vehicle. They shall be taken in suitable gender-friendly accommodation with adequate sleeping and sanitary facilities. By way of derogation from the second subparagraph, the regular weekly rest periods and any weekly rest of more than 45 hours taken in compensation for previous reduced weekly rest may be taken in a vehicle, provided that the vehicle is parked in certified safe and secure parking area which provides parking places for commercial vehicles and service facilities fulfilling the minimum requirements set out in Article 8a . Until [OJ: three years after entry into force] a vehicle may also be parked in a regular parking area which provides basic service facilities. Relevant period might be prolonged by the Commission, by means of delegated act, for additional two years if according to the outcomes of the Commission’s report on the availability of safe and secure parking areas the number of certified safe and secure parking areas across EU would not be sufficient to meet reported needs. Any costs for accommodation outside the vehicle shall be covered by the employer, as well as any fee deriving from the use of safe and secure parking area.
Amendment 11 #
Council position
Article 1 – paragraph 1 – point 6 – point d
Article 1 – paragraph 1 – point 6 – point d
Regulation (EC) No 561/2006
Article 8 – paragraph 8a – subparagraph 1
Article 8 – paragraph 8a – subparagraph 1
8a. Transport undertakings shall organise the work of drivers in such a way that the drivers are able to return to the employer's operational centre where the driver is normally based and where the driver's weekly rest period begins, in the Member State of the employer's establishment, or to return to the drivers' place of residence, or to any other location chosen by the driver, within each period of four consecutive weeks, in order to spend at least one regular weekly rest period or a weekly rest period of more than 45 hours taken in compensation for reduced weekly rest period.
Amendment 14 #
Council position
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EC) No 561/2006
Article 8a – paragraph 4
Article 8a – paragraph 4
4. By 31 December 2024,At the latest [OJ: three years after the date of entry into force of this amending Regulation] the Commission shall present a report to the European Parliament and to the Council on the availability of suitable rest facilities for drivers and of secured parking facilities, as well as on the development of safe and secure parking areas certified in accordance with the delegated acts referred to in paragraph 2. That report may list. The report shall in particular cover information on the number and the location of certified safe and secure parking areas, on their capacity and usage, and on the demand for additional places or facilities. Based on this report, the Commission shall propose, if appropriate, measures aiming to increase the number and quality of certified safe and secure parking areas and/or measures to prolong transitional period laid down in the fourth subparagraph of Article 8 paragraph 8 for an additional two years.
Amendment 16 #
Council position
Article 3 – paragraph 1
Article 3 – paragraph 1
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union[insert date 18 month after that of its publication in the Official Journal of the European Union]. It shall apply from [insert date 18 month after date of entry into force]. By ... [OJ: 4 months after its publication in the Official Journal of the European Union] the Commission shall present a proper impact assessment regarding the impact of this Regulation on actual economic situation of the EU road haulage market and drivers' health safety situation, and, where appropriate, propose amendments to this Regulation taking into account the new market situation of the sector.
Amendment 53 #
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 or to another location chosen by the driver, 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. _________________ 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 83 #
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. Drivers should be able to choose how and where they take their rest periods.
Amendment 99 #
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 requirementwhere the weekly rest may be taken to ensure that drivers are provided with adequate accommodation for their regular weekly rest periods if they are taken away from homerest conditions.
Amendment 102 #
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) Adequate resting facilities are crucial for improving drivers working conditions in the sector and maintaining road safety. As rest in the cabin is characteristic for the transport sector and full separation of drivers and their vehicles is not desirable from a security and insurance perspective, drivers should be allowed to take their rest in their vehicle, if the vehicle is equipped with suitable sleeping facilities. Due to current shortage of safe and secure parking areas on European roads, the requirement for drivers to take the 45 hrs weekly rest outside the cabin is not practically implementable, therefore it should be applied only when this shortage is addressed and solved. The revised TEN-T guidelines foresee the development of rest areas on motorways approximately every 100 km to provide parking space for commercial road users with an appropriate level of safety and security and therefore Member States should be encouraged to implement the TEN-T guidelines and sufficiently invest in safe and suitably adapted parking areas.
Amendment 137 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) To ensure the fair and equal competition between the EU and non-EU carriers from neighbouring countries, it should be possible to control tachographs of all vehicles performing international transport operations between the EU and third countries which are signatories to the AETR Agreement, so it is important that in future smart tachographs are recognized by non-EU AETR Contracting Parties. Therefore, dates of introduction of a smart tachograph should be aligned with the dates when all countries, which are AETR Contracting Parties, have reached an agreement on technical standards and specifications of smart tachographs
Amendment 206 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Regulation (EC) No 561/2006
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 255 #
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 – subparagraph 1 – point a
Article 8 – paragraph 6 – subparagraph 1 – point a
(a) four regular weekly rest periods, or
Amendment 264 #
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 – subparagraph 1 – point b
Article 8 – paragraph 6 – subparagraph 1 – point b
(b) two regular weekly rest periods of at least 45 hours and two reduced weekly rest periods of at least 24 hours., or
Amendment 271 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a (new)
Article 1 – paragraph 1 – point 5 – point a (new)
(b a) In Article 8, paragraph 6, the following point shall be added: "one regular weekly rest period of at least 45 hours and three reduced weekly rest periods of at least 24 hours."
Amendment 278 #
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 – subparagraph 2
Article 8 – paragraph 6 – subparagraph 2
For the purposes of point (b) and (ba), the reduced weekly rest periods shall be compensated by an equivalent period of rest taken en bloc before the end of the thirdfourth week following the week in question.
Amendment 317 #
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 a
Article 8 – paragraph 8 a
8a. The regular weekly rest periods and any weekly rest of more than 45 hours taken in compensation for previous reduced weekly rest shall not be tamay be taken in a vehicle, if the vehicle is equipped with suitable sleeping facilities for each driver, and the vehicle is parkend in a vehicle. Theysuitable parking area. Otherwise, these rest periods shall be taken in a suitable accommodation, with adequate sleeping and sanitary facilities; , and with appropriate parking spaces for commercial road users with an appropriate level of safety and security; The requirement to take these rest periods outside a vehicle (second subparagraph) shall not apply as long as the revised 2013 TEN-T Guidelines1a which foresee approximately every 100 km appropriate parking space for commercial road users with an appropriate level of safety and security, have not been implemented by Member States. The Commission should encourage Member States to construct parking space with an appropriate level of safety and security, and shall regularly monitor the number of parking areas in the Member States. _________________ 1a REGULATION (EU) No 1315/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 11 December 2013on Union guidelines for the development of the trans-European transport network and repealing Decision No 661/2010/EU
Amendment 343 #
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 a – point b
Article 8 – paragraph 8 a – point b
(b) at home or at another privateanother location chosen by the driver.
Amendment 354 #
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 chosen by the driver within each period of four consecutive weeks.; The driver shall declare that a regular weekly rest period or a weekly rest of more than 45 hours taken for compensation for a reduced weekly rest, has been taken in a location of driver’s choice. The declaration shall be kept at the premises of undertaking.
Amendment 404 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EC) 561 /2006
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 476 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
Regulation (EU) No 165/2014
Article 37 – paragraph 7 – subparagraph 1
Article 37 – paragraph 7 – subparagraph 1
7. 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. The driver shall also enter the symbol of the country that the driver enters after crosseding a border in the vehicle on arrival at the suitable stopping placeof a Member State at the beginning of the driver's first planned stop in that member State. That stop is to be understood as the break or rest planned in accordance with Regulation (EC) Nr 561/2006 or any other stop for the needs of the driver or the transport operation. Member States may require drivers of vehicles engaged in transport operations inside their territory to add more detailed geographic specifications to the country symbol, provided that those Member States have notified those detailed geographic specifications to the Commission before 1 April 1998..