Keywords
Summary

Keywords

Transport Road transport Social legislation Checks Periods of work other than periods of driving within the meaning of Article 15 of Regulation No 3821/85 Definition

(Council Regulation No 3821/85, Art. 15)

Summary

$$On a proper construction of Article 15 of Regulation No 3821/85 on recording equipment in road transport, a driver's obligation to record all other periods of work extends to time which a driver necessarily spends travelling to take over a vehicle subject to the obligation to instal and use a tachograph and which is not at the driver's home or the employer's operational centre, regardless of whether the employer gave instructions as to when and how to travel or whether that choice was left to the driver. During such periods the driver is satisfying an obligation towards his employer and therefore does not freely dispose of his time.

Similarly, on a proper construction of Article 15, that obligation extends to periods of driving spent by a driver whilst performing a transport service falling outside the scope of Regulation No 3821/85 before taking over a vehicle to which that regulation applies.

( see paras 23, 35, 39 and operative part )