The European Parliament adopted by 394 votes to 236, with 5 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 561/2006 as regards on minimum requirements on maximum daily and weekly driving times, minimum breaks and daily and weekly rest periods and Regulation (EU) 165/2014 as regards positioning by means of tachographs.

The proposal under consideration is part of a legislative package ("Europe on the move" for clean, competitive and connected mobility), which aims to ensure fair competition, simplify existing rules, preserve the internal market and ensure respect for the rights of workers in the road transport sector.

The European Parliament’s position adopted at first reading under the ordinary legislative procedure amended the Commission proposal as follows:

Scope

In order to ensure a European wide-level playing field in road transport, the Regulation will apply to all vehicles exceeding 2.4 tonnes engaged in international transport. It is proposed to define ‘home’ as the registered residence of the driver in a Member State.

Weekly rest for drivers

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 or another location of the driver's choosing before the end of each period of four consecutive weeks.

The driver shall inform the transport undertaking in writing no later than two weeks before such rest period, if it will be taken in a place other than the driver’s home. When a driver chooses to take this rest at home, the transport undertaking shall provide the driver with the necessary means to return home.

In order to ensure satisfactory working conditions for drivers, the normal weekly rest period shall be spent outside the cabin of the vehicle. It should be taken in a quality accommodation suitable for both women and men, outside the cabin, with adequate sleeping facilities and sanitary facilities for the driver.

Where the work of a driver predictably includes activities for the employer other than his/her professional driving tasks, such as loading / unloading, finding parking space, maintaining the vehicle, route preparation etc, the time he/she needs to perform these tasks should be taken into account when determining both his/her working time, the possibility for adequate rest and pay.

Bus drivers should be able to take their breaks more flexibly, without extending their driving time or reducing the length of their breaks and rest periods.

Dedicated parking areas

Member States shall:

- ensure the availability of a sufficient number of safe parking areas adapted to drivers' needs. Dedicated parking areas shall provide all the equipment (sanitary, culinary, safety and other) necessary for rest in good conditions;

- ensure that random checks are carried out regularly to ensure that the characteristics of the parking areas comply with the criteria applicable to dedicated parking areas. Drivers shall be provided with information on safe rest and parking areas to enable better route planning;

- communicate to the Commission, no later than six months after the entry into force of the Regulation, the locations of the dedicated parking areas available in their territories and subsequently notify any changes to this information. The Commission shall list all publicly accessible dedicated parking areas on a single official website that would be regularly updated.

Actual driving times

Transport companies shall be prohibited from granting additional remuneration to drivers they employ or who are made available to them on the basis of speed of delivery if such remuneration encourages infringements of the Regulation.

Members proposed that the driver may depart exceptionally from the rules after a rest of 30 minutes, so as to be able to reach within two hours the employer's operational centre where the driver is normally based. This period of up to two hours shall be compensated by an equivalent period of rest taken in one go, by the end of the third week following the week in question.

Tachograph

In order to enhance cost-effectiveness of enforcement of the social rules, Members considered that the current and smart tachographs systems should be mandatory in international transport.

The Committee on Transport and Tourism adopted the report by Wim van de CAMP (EPP, NL) on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 561/2006 as regards on minimum requirements on maximum daily and weekly driving times, minimum breaks and daily and weekly rest periods and Regulation (EU) 165/2014 as regards positioning by means of tachographs.

The Committee on Employment and Social Affairs, exercising its prerogatives as an associate committee under Rule 54 of the Rules of Procedure of the European Parliament, also gave its opinion on this report

The proposal is part of a package of legislative measures (Europe on the move", for clean, competitive and connected mobility), the aim of which is to guarantee fair competition, simplify existing rules, preserve the internal market and ensure that the rights of road transport workers are respected. The committee recommended that the position of the European Parliament adopted at first reading in the ordinary legislative procedure amend the Commission proposal as follows:

Scope : in order to ensure a European wide-level playing field in road transport, the Regulation will apply to all vehicles exceeding 2.4 tonnes engaged in international transport.

It is proposed to define ‘ home ’ as the registered residence of the driver in a Member State.

Weekly rest period of drivers : in any four consecutive weeks a driver shall take at least: (i) our regular weekly rest periods, or (ii) two regular weekly rest periods of at least 45 hours and two reduced weekly rest periods of at least 24 hours; or (iii) three regular weekly rest periods of at least 45 hours and one reduced weekly rest period of at least 24 hours.

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 or another location of the driver's choosing before the end of each period of three consecutive weeks.

The driver shall inform the transport undertaking in writing no later than two weeks before such rest period, if it will be taken in a place other than the driver’s home. When a driver chooses to take this rest at home, the transport undertaking shall provide the driver with the necessary means to return home.

Where the work of a driver predictably includes activities for the employer other than his/her professional driving tasks, such as loading / unloading, finding parking space, maintaining the vehicle, route preparation etc., the time he/she needs to perform these tasks shall be taken into account when determining both his/her working time, and the possibility for adequate rest and pay.

Bus drivers should be able to take their breaks more flexibly, without extending their driving time or reducing the length of their breaks and rest periods.

Dedicated parking areas : the Commission’s proposal introduces a ban on weekly rests in a vehicle of overall 45 hours or more, expanding it to include the reduced weekly rest. Members required employers to provide drivers with adequate accommodation featuring appropriate sleeping and hygiene facilities, whenever drivers are unable to take a weekly rest at a private place of their choice.

Members proposed, however, to introduce a derogation to the general rules banning rest in vehicles, so that a driver may take regular weekly rest periods and reduced weekly rest periods in any parking areas that are self-certified as Dedicated Parking Areas (DPA).

Dedicated parking areas should have all of the facilities necessary for good resting conditions, that is to say sanitary, culinary, security and others.

Member States must ensure that random checks are regularly carried out to verify that the characteristics of parking areas comply with the criteria applicable to dedicated parking areas. Drivers will be provided with information on safe stopping and parking areas to allow for better route planning. Member States will be encouraged to support the creation of safe and adequate parking areas and to make the necessary investments.

Actual driving times : Members proposed that the driver may depart exceptionally from the rules after a rest of 30 minutes, so as to be able to reach within two hours the employer's operational centre where the driver is normally based. This period of up to two hours shall be compensated by an equivalent period of rest taken in one go, by the end of the third week following the week in question.

Tachograph : in order to enhance cost-effectiveness of enforcement of the social rules, Members considered that the current and smart tachographs systems should be mandatory in international transport.

PURPOSE: to adapt and clarify the social rules in the Union in road transport in order to improve the business and working conditions in the sector.

PROPOSED ACT: Directive of the European Parliament and of the Commission.

ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with Council.

BACKGROUND: driving and resting times of drivers are regulated under EU law. Regulation (EC) No 561/2006 (the 'Driving Time Regulation') and Regulation (EU) 165/2014 on tachographs are part of a wider effort to improve the working conditions of drivers, ensure fair competition between operators and improve the road safety of European roads.

An evaluation the effectiveness and efficiency of the implementation of the existing set of Union social rules in road transport, identified certain deficiencies 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.

The objective of this proposal is to rectify the identified shortcomings and to help improve the working and business conditions in the sector in order to make the road transport sector fair, efficient and socially accountable.

IMPACT ASSESSMENT: the preferred option is a combination of two policy options: the first focused on strengthening enforcement, whilst the second established sector-specific criteria for posting workers in road transport and provides for specific enforcement measures.

The impacts of the preferred option include improving the working and resting conditions of drivers (decrease in fatigue index by 28% and in periods away from home by 43% for EU-13 drivers and by 16% for EU-15 drivers).

CONTENT: the proposal introduces a limited number of modifications to Regulation (EC) No 561/2006 on driving time and Regulation (EU) No 165/2014 on tachygraphs.

Driving time : the main amendments proposed are as follows:

private individuals using vehicles which would fall within the scope of Regulation (EC) No 561/2006, to carry private belongings for their own purposes, are not obliged to record their driving times and rest periods and are therefore not obliged to have or use a tachograph or a driver's card; there is a uniform definition of the notion of 'non-commercial' carriage; drivers will have to record all tasks other than driving and also record any periods of availability; this will effectively monitor a driver's working patterns; drivers may arrange for their weekly rest periods in a more flexible manner over a period of four consecutive weeks, while ensuring that compensation for a reduced weekly rest is taken together with a regular weekly rest within three weeks. Any compensation for a reduced weekly rest must be attached to a regular weekly rest of at least 45 hours; a driver is not allowed to take a weekly rest of 45 hours or more in a vehicle . An employer is obliged to provide a driver with adequate accommodation with appropriate sleeping and hygiene facilities if drivers are not able to take a weekly rest at a private place of their choice; transport undertakings must organise the drivers' work in such a way that they are able to return to their home for a weekly rest at least once within three consecutive weeks; drivers may postpone the start of their weekly rest to reach their home provided that they comply with the daily and weekly driving time limits and with the required minimum duration of a weekly rest period; temporary exceptions from the general rules granted by Member States in urgent cases must be appropriately justified by the exceptional circumstances and the urgency involved in addressing them; Member States must inform the Commission about their national rules on driving times, breaks and rest periods applicable to the bus drivers exempted from the Regulation; national penalties imposed for infringing the Regulation should be proportionate to the seriousness of the infringement, as classified in relevant Union legislation.

Tachygraph : the proposed amendments aim to improve the features of 'smart' tachographs to make it possible to more precisely position vehicles used for cross-border transport operations .

The proposal adds an obligation on drivers to record in a tachograph the position of their vehicle after having crossed a border, at the earliest suitable stopping place.