15.3.2005   

EN

Official Journal of the European Union

CE 63/11

(1)

In the field of road transport, Council Regulation (EEC) No 3820/85 of 20 December 1985 on the harmonisation of certain social legislation relating to road transport (3) sought to harmonise the conditions of competition between methods of inland transport, especially with regard to the road sector, and to improve working conditions and road safety. Progress in these areas should be safeguarded and extended.

(2)

Directive 2002/15/EC of the European Parliament and of the Council of 11 March 2002 on the organisation of the working time of persons performing mobile road transport activities (4) requires Member States to adopt measures which limit the maximum weekly working time of mobile workers.

(3)

Difficulties have been experienced in interpreting, applying, enforcing and monitoring certain provisions of Regulation (EEC) No 3820/85 relating to driving time, break and rest period rules for drivers engaged in national and international road transport within the Community in a uniform manner in all Member States, because of the broad terms in which they are drafted.

(4)

Effective and uniform enforcement of those provisions is desirable if their objectives are to be achieved and the application of the rules is not to be brought into disrepute. Therefore, a clearer and simpler set of rules is needed, which will be more easily understood, interpreted and applied by the road transport industry and the enforcement agencies.

(5)

Measures provided for in this Regulation regarding working conditions should not prejudice the right of the two sides of industry to lay down, by collective bargaining or otherwise, provisions more favourable to workers.

(6)

It is desirable to define clearly the scope of this Regulation by specifying the main categories of vehicle included.

(7)

This Regulation should apply to carriage by road undertaken either exclusively within the Community or between the Community, Switzerland and the countries party to the European Economic Area agreement.

(8)

The provisions of the European Agreement concerning the Work of Crews of Vehicles engaged in International Road Transport of 1 July 1970 (AETR), as amended, should continue to apply to the carriage by road of goods and passengers by vehicles registered in any Member State or any country which is a contracting party to the AETR, for the whole of the journey where that journey is between the Community and a third country other than Switzerland and the countries party to the European Economic Area agreement or through such a country.

(9)

In the case of carriage by road using vehicles registered in a third country which is not a contracting party to the AETR, the provisions of the AETR should apply to that part of the journey effected within the Community or within countries which are contracting parties to the AETR agreement.

(10)

Since the subject matter of the AETR Agreement falls within the scope of this Regulation, the power to negotiate and conclude the Agreement lies with the Community.

(11)

If an amendment to the internal Community rules in the field in question necessitates a corresponding amendment to the AETR, Member States should act together to bring about such an amendment to the AETR as soon as possible, in accordance with the procedure laid down therein.

(12)

The list of exemptions should be updated to reflect developments in the road transport sector over the past nineteen years.

(13)

Full definitions of all key terms should be given in order to render interpretation easier and ensure that this Regulation is applied in a uniform manner. The definition of ‘week’ provided in this Regulation should not prevent drivers from starting work on any day of the week.

(14)

To guarantee effective enforcement, it is essential that the appropriate authorities, when carrying out roadside checks, and after a transitional period, should be able to ascertain that driving times and rest periods have been properly observed on the day of the check and the preceding 28 days.

(15)

The basic rules on driving time need to be clarified and simplified to allow effective and uniform enforcement by means of the digital tachograph as set out in Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport (5) and this Regulation. In addition, through the standing committee, Member State enforcement authorities should strive to reach a common understanding of the implementation of this Regulation.

(16)

It has proved possible under the rules of Regulation (EEC) No 3820/85 to schedule daily driving periods and breaks to enable a driver to drive for too long without a full break, leading to reduced road safety and a deterioration in the driver's working conditions. It is therefore appropriate to ensure that split breaks are so ordered as to prevent abuse.

(17)

This Regulation aims to improve social conditions for employees which are covered by it, as well as to improve general road safety. It does so mainly by means of the provisions pertaining to maximum driving times per day, per week and per period of two consecutive weeks, the provision which obliges drivers to take a regular weekly rest period at least once per two consecutive weeks and the provisions which prescribe that under no circumstances should a daily rest period be less than an uninterrupted period of nine hours. Since those provisions guarantee adequate rest, and also taking into account experience with enforcement practices during the past years, a system of compensation for reduced daily rest periods is no longer necessary.

(18)

Many road transport operations within the Community involve transport by ferry or by rail for part of the journey. Clear, appropriate provisions regarding daily rest periods and breaks should therefore be laid down for such operations.

(19)

In view of the increase in the cross-border carriage of goods and passengers, it is desirable, in the interests of road safety and enhanced enforcement, for roadside checks and checks at the premises of undertakings to cover driving times, rest periods and breaks undertaken within other Member States or third countries and determine whether the relevant rules have been fully and properly observed.

(20)

Liability of transport undertakings should apply at least to transport undertakings that are legal or natural persons, and should not exclude proceedings against natural persons who are perpetrators, or instigators of, or accessories to, infringements of this Regulation.

(21)

It is necessary for drivers working for several transport undertakings to supply each of them with adequate information to enable it to fulfil its responsibilities under this Regulation.

(22)

In order to promote social progress and improve road safety, each Member State should retain the right to adopt certain appropriate measures.

(23)

National derogations should reflect changes in the road transport sector and be restricted to those elements not now subject to competitive pressures.

(24)

The Member States should lay down rules for vehicles used for the carriage of passengers on regular services where the route covered does not exceed 50 km. Those rules should provide adequate protection in terms of permitted driving times and mandatory breaks and rest periods.

(25)

It is desirable, in the interests of effective enforcement, that all regular national and international passenger transport services should be checked using the standard recording device.

(26)

The Member States should lay down rules on penalties applicable to infringements of this Regulation and ensure that they are implemented. Those penalties must be effective, proportionate, dissuasive and non-discriminatory. The possibility of immobilising the vehicle where serious infringements are detected should be also included within the common range of measures open to Member States. The provisions contained in this Regulation pertaining to penalties or proceedings should not affect the national rules concerning the burden of proof.

(27)

It is desirable in the interests of clear and effective enforcement to ensure uniform provisions on the liability of transport undertakings and drivers for infringements of this Regulation. This liability may result in penal, civil or administrative penalties as may be the case in the Member States.

(28)

Since the objective of this Regulation, namely the establishment of clear, common rules on driving times, breaks and rest periods cannot be sufficiently achieved by the Member States and can therefore, by reason of the need for coordinated action, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.

(29)

The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (6).

(30)

Regulation (EEC) No 3821/85 should be amended to clarify specific obligations on transport undertakings and drivers as well as to promote legal certainty and to facilitate enforcement of driving time and rest period limits during roadside checks.

(31)

Regulation (EEC) No 3821/85 should also be amended to ensure legal certainty as regards the new dates for the introduction of the digital tachograph and for the availability of driver cards.

(32)

For reasons of clarity and rationalisation, Regulation (EEC) No 3820/85 should be repealed and replaced by this Regulation,

(a)

of goods where the permissible maximum weight of the vehicle, including any trailer, or semi-trailer, exceeds 3,5 tonnes, or

(b)

of passengers by vehicles which are constructed or permanently adapted for carrying more than nine persons including the driver, and are intended for that purpose.

(a)

exclusively within the Community; and

(b)

between the Community, Switzerland and the countries party to the European Economic Area agreement.

(a)

vehicles registered in the Community or in countries which are contracting parties to the AETR agreement, for the whole journey;

(b)

vehicles registered in a third country which is not a contracting party to the AETR agreement, only for the part of the journey on the territory of the Community or of countries which are contracting parties to the AETR agreement.

(a)

vehicles used for the carriage of passengers on regular services where the route covered by the service in question does not exceed 50 kilometres;

(b)

vehicles with a maximum authorised speed not exceeding 30 kilometres per hour;

(c)

vehicles owned or hired without a driver by the armed services, civil defence, fire services, and forces responsible for maintaining public order when the carriage is undertaken as a consequence of the tasks assigned to these services and is under their control;

(d)

vehicles used in emergencies or rescue operations;

(e)

specialised vehicles used for medical purposes;

(f)

specialised breakdown vehicles operating within a 100 km radius of their base;

(g)

vehicles undergoing road tests for technical development, repair or maintenance purposes, and new or rebuilt vehicles which have not yet been put into service;

(h)

vehicles or combinations of vehicles with a maximum permissible weight not exceeding 7,5 tonnes used for the non-commercial carriage of goods;

(i)

commercial vehicles, which have a historic status according to the legislation of the Member State in which they are being driven and which are used for the non-commercial carriage of passengers or goods.

(a)

‘carriage by road’ means any journey made entirely or in part on roads open to the public by a vehicle, whether laden or not, used for the carriage of passengers or goods;

(b)

‘vehicle’ means a motor vehicle, tractor, trailer or semi-trailer or a combination of these vehicles, defined as follows:

(c)

‘driver’ means any person who drives the vehicle even for a short period, or who is carried in a vehicle in order to be available for driving if necessary;

(d)

‘break’ means any period during which a driver may not carry out any driving or any other work and which is used exclusively for recuperation;

(e)

‘other work’ means all activities which are defined as working time in Article 3(a) of Directive 2002/15/EC except ‘driving’, and also any work for the same or another employer, within or outside of the transport sector;

(f)

‘rest’ means any uninterrupted period during which the driver may freely dispose of his time;

(g)

‘daily rest period’ means the daily period during which the driver may freely dispose of his time and covers a ‘regular daily rest period’ or a ‘reduced daily rest period’:

(h)

‘weekly rest period’ means an uninterrupted period of rest during which the driver may freely dispose of his time and covers a ‘regular weekly rest period’ or a ‘reduced weekly rest period’:

(i)

‘a week’ means the period of time between 00.00 on Monday and 24.00 on Sunday;

(j)

‘daily driving time’ means the total accumulated driving time between the end of one daily rest period and the beginning of the following daily rest period or between a daily rest period and a weekly rest period;

(k)

‘weekly driving time’ means the total accumulated driving time during a week;

(l)

‘permissible maximum weight’ means the maximum authorised operating weight of the vehicle fully laden;

(m)

‘regular passenger services’ means national and international services as defined in Article 2 of Council Regulation (EEC) No 684/92 of 16 March 1992 on common rules for the international carriage of passengers by coach and bus (7);

(n)

‘multi-manning’ means a situation in which a driver is engaged in multi-manning a vehicle if there is, during periods of driving between any two consecutive daily rest periods, or between a daily rest period and a weekly rest period, at least one other driver on the vehicle to do the driving. For the first hour of multi-manning the presence of another driver or drivers is optional but for the remainder of the period it is compulsory;

(o)

‘transport undertaking’ means any natural person, any legal person, any association or group of persons without legal personality, whether profit-making or not, or any official body, whether having its own legal personality or being dependent upon an authority having such a personality, which engages in carriage by road, whether for hire and reward or for own account;

(p)

‘driving period’ means the accumulated driving time from when a driver commences driving following a rest period or a regulated break until he takes a rest period or a regulated break. The driving period may be continuous or broken;

(q)

‘regulated break’ shall mean an uninterrupted break, subject to a minimum of fifteen minutes, of not less than five minutes per half-hour, or part thereof, of accumulated driving time at the time when the regulated break starts.

(a)

the carriage by road is carried out within one Member State within a 50 kilometre radius of the place where the vehicle is based, including local administrative areas the centre of which is situated within that radius;

(b)

the reduction is for the purposes of vocational training; and

(c)

there is compliance with the limits imposed by the Member State's national rules on employment matters.

—

two regular weekly rest periods, or

—

one regular weekly rest period and one reduced weekly rest period of at least 24 hours. However, the reduction shall be compensated by an equivalent rest taken en bloc before the end of the third week following the week in question.

5.

(a)

vehicles owned or hired without a driver by public authorities to undertake carriage by road which do not compete with private transport undertakings;

(b)

vehicles used or hired without a driver by agricultural, horticultural, forestry, farming or fishery undertakings for carrying goods as part of their own entrepreneurial activity within a radius of up to 100 km from the base of the undertaking;

(c)

agricultural tractors and forestry tractors used for agricultural or forestry activities, within a radius of up to 100 km from the base of the undertaking which owns, hires or leases the vehicle;

(d)

vehicles or combinations of vehicles with a maximum permissible weight not exceeding 7,5 tonnes used by universal service providers as defined in Article 2(13) of Directive 97/67/EC of the European Parliament and of the Council of 15 December 1997 on common rules for the development of the internal market of Community postal services and the improvement of quality of service (8) to deliver items as part of the universal service or used for carrying material or equipment for the driver's use in the course of his work. These vehicles shall be used only within a 50 kilometre radius from the base of the undertaking, and on condition that driving the vehicles does not constitute the driver's main activity;

(e)

vehicles operating exclusively on islands not exceeding 2 300 square kilometres in area which are not linked to the rest of the national territory by a bridge, ford or tunnel open for use by motor vehicles;

(f)

vehicles used for the carriage of goods within a 50 km radius from the base of the undertaking and propelled by means of natural or liquefied gas or electricity, the maximum permissible weight of which, including the weight of a trailer or semi-trailer, does not exceed 7,5 tonnes;

(g)

vehicles used for driving instruction and examination with a view to obtaining a driving licence or a certificate of professional competence, provided that they are not being used for the commercial carriage of goods or passengers;

(h)

vehicles used in connection with sewerage, flood protection, or water services, road maintenance and control, or door-to-door household refuse collection or disposal services;

(i)

vehicles with between 10 and 17 seats used exclusively for the non-commercial carriage of passengers;

(j)

specialised vehicles transporting circus and fun-fair equipment;

(k)

specially fitted mobile project vehicles, the primary purpose of which is use as an educational facility when stationary;

(l)

vehicles used for milk collection from farms and the return to farms of milk containers or milk products intended for animal feed;

(m)

specialised vehicles transporting money and/or valuables;

(n)

vehicles used for carrying animal waste or carcasses which are not intended for human consumption;

(o)

vehicles used exclusively on roads inside hub facilities such as ports, interports and railway terminals.

—

regular domestic passenger services, where their schedule is confirmed by the authorities (in which case only exemptions relating to breaks may be permitted) and

—

domestic road haulage operations for own account or for hire or reward, which have no impact on the single market and are needed to maintain certain sectors of industry in the territory concerned and where the exempting provisions of this Regulation impose a limiting radius of up to 100 km.

(a)

regular national passenger services, and

(b)

regular international passenger services whose route terminals are located within a distance of 50 km as the crow flies from a frontier between two Member States and whose route length does not exceed 100 km.

(a)

include all the particulars specified in paragraph 2 for a minimum period covering the previous 28 days; these particulars must be updated on regular intervals, the duration of which may not exceed one month;

(b)

be signed by the head of the transport undertaking or by a person authorised to represent him;

(c)

be kept by the transport undertaking for one year after expiry of the period covered by it. The transport undertaking shall give an extract from the roster to the drivers concerned upon request; and

(d)

be produced and handed over at the request of an authorised inspecting officer.

—

which was not committed on the territory of the Member State concerned, and

—

which has been committed by an undertaking which is established in, or a driver whose place of employment is, in another Member State or a third country,

(a)

infringements of the rules set out in Chapter II committed by non-residents and any penalties imposed for such infringements;

(b)

penalties imposed by a Member State on its residents for such infringements committed in other Member States.

(a)

examine cases where differences in the application and enforcement of any of the provisions of this Regulation arise and particularly concerning driving times, breaks and rest periods;

(b)

clarify the provisions of this Regulation, with a view to promoting a common approach.

1.

Article 2 shall be replaced by the following:

‘Article 2

For the purpose of this Regulation the definitions set out in Article 4 of Regulation (EC) No… of the European Parliament and of the Council of.... on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 (10) shall apply.

2.

Article 3(1), (2) and (3) shall be replaced as follows:

‘1.   Recording equipment shall be installed and used in vehicles registered in a Member State which are used for the carriage of passengers or goods by road, except the vehicles referred to in Articles 3 and 16(1) of Regulation (EC) No… (11) and vehicles, which were exempted from the scope of application of Regulation (EEC) No 3820/85, but which are no longer exempted under Regulation (EC) No… (11)shall have until 31 December 2007 to comply with this requirement.

2.   Member States may exempt vehicles mentioned in Articles 13(1) and (3) of Regulation (EEC) No..... (11) from application of this Regulation.

3.   Member States may, after authorisation by the Commission, exempt from application of this Regulation vehicles used for the transport operations referred to in Article 14 of Regulation (EEC) No… (11).’;

3.

Article 14(2) shall be replaced as follows:

‘2.   The undertaking shall keep record sheets and printouts, whenever printouts have been made to comply with Article 15(1), in chronological order and in a legible form for at least a year after their use and shall give copies to the drivers concerned who request them. The undertaking shall also give copies of downloaded data from the driver cards to the drivers concerned who request them and the printed papers of these copies. The record sheets, printouts and downloaded data's shall be produced or handed over at the request of any authorised inspecting officer.’;

4.

Article 15 shall be amended as follows:

1.

Article 2(1)(a) shall be replaced by the following:

2.

Article 2(2) shall be replaced by the following:

‘2.   Member States shall take the necessary measures to ensure that they are able to issue driver cards at the latest on 5 May 2005.’