91998E2090

WRITTEN QUESTION E-2090/98

by Roberta Angelilli (NI) to the Commission

(10 July 1998)

Subject: Application of Regulation (EEC) 3820/85 in Rome

There have been various different interpretations of Council Regulation (EEC) 3820/85(1) of 20 December 1985 on the harmonization of certain social legislation relating to road transport.

While the regulation has been transposed into Italian law through Article 174 of the Highway Code, Atac/Cotral, the public transport company of Rome municipality, regularly disregards the rules guaranteeing the safety of operators and maximum journey times on the grounds that the regulation is not applicable in town but only for journeys outside.

This means that there are no proper rules governing the safety of Atac drivers in Rome or others, driving periods, breaks, rest periods and periods for physical and psychophysical recovery.

Can the Commission answer the following questions:

1. Have new directives or regulations been adopted on the subject since 1985?

2. Does the regulation apply to driving in towns and metropolitan areas?

3. Does it apply to drivers who drive a total of far more kilometres in successive journeys even though each journey is less than 50 km?

4. Has the regulation been transposed in other countries and, if so, how is it interpreted in similar cases?

Answer given by Mr Kinnock on behalf of the Commission

(16 September 1998)

There have been no new directives or regulations which have directly impinged on the issue raised by the Honourable Member since 1986.

The exclusions and derogations within Regulation (EEC) 3820/85 do not specifically prohibit its application to urban or metropolitan areas. However Article 4(3) of the Regulation clearly states that the Regulation's provisions do not apply to regular passenger transport services where the route covered by the service is under 50 kilometres. In practice, therefore, the majority of urban passenger transport services are, in effect, excluded. Article 4(3) also clearly does not allow the cumulative total of driver journeys to be taken into account when determining whether the Regulation should apply.

The Regulation is directly applicable and provides a common set of rules for all Member States to administer. As this particular exclusion is precise, the Commission is not aware of any Member State holding a different interpretation of its provision.

(1) OJ L 370, 31.12.1985, p. 1.