B-1000 Brussels
Telephone +32 2 285 46 60
Fax +32 2 280 08 17
Email:
www.etf-europe.org / European Transport Workers’ Federation
Fédération Européenne des Travailleurs des Transports
Europäische Transportarbeiter-Föderation
Federación Europea de los Trabajadores del Transporte
KBC Bank, Rue d´Arenberg 11, B-1000 Brussels
Account number: 430-0386621-67
Key changes to EU regulation 3820 or
Key changes in the driving and rest time
1. Maximum weekly driving time
Cannot exceed 56 hours weekly and 90 hours over two consecutive weeks /there is now a driving limit!!
Problem: the maximum working time is 48 hours weekly, during a period of 4 months (six months after collective agreement) and cannot exceed 60 hours.
2. Minimum daily rest time
Is or 11 hours undivided or 12 hours in maximum two periods; a first period of 3 consecutive hours + a period of 9 hours
3. Minimum weekly rest time
· 45 hours consecutive at least every two weeks!!
· the rest period can be reduced to 24 hours if the driver is far from the normal base BUT it must be taken after no more than six 24 hour periods and it is compulsory to take 45 hours at least every fortnight and to compensate for the reduced rest period before the end of the third week
· NO MORE 12 days driving derogation for international buses!!
4. Breaks
Simpler but maybe less flexible …
After 41/2 hours driving, drivers must have a break of 45 minutes which may be split, within this driving period in one of 15 minutes and one of 30 minutes but the splitting of breaks may not be abused
5. Derogation
When the driver, for example, doesn’t find a safe parking spot, he/she may extend his/her maximum driving time to ensure the safety of his/her passengers or goods or in other words, he/she drives until they find a safe rest area.
6. Co-liability of the transport undertaking
Drivers are no longer liable for infringements.The undertaking which organises the drivers’work bears the liability. The whole chain-undertakings, shippers, loaders, tour operators, forwarders, subcontractors and agencies hiring drivers must see to it that the hours of work laid down in the contract be in compliance with this regulation
These are the key changes but we have to add that:
7. any time spent by the driver to go and pick up his /her lorry when the latter is not at the driver’s or employer’s base is not considered as driving time but as ‘other work’ which then refers to working time
Key results on enforcement
8. Checking how many days?
From 2008 drivers will need to present to enforcement bodies 28 days worth records.This will apply to drivers of analogue and digital tachograph equipped vehicles.
9. Extraterritoriality of sanctions
The competent authority in each Member-State may impose a penalty ,even where that infringement has been committed on the territory of another Member-State or of a third country or it may notify the facts of infringement to the competent authority of that Member-State.
10. Common penalties and infringements
There is no EU harmonisation of penalties for driving and rest time rules infringements. However, the Directive has established a list of serious infringements
11. Working hours’ checks are not included in this enforcement Directive (which speaks only about driving and rest time)
However, there is a reference in the ‘whereas’ stating that the working time directive plays an important role for the creation of the common market for inland transport services, road safety, and working conditions as well as ‘ the risks arising from driver fatigue ‘…In other words, there is a very small opening to include in the future working time in an European enforcement legislation
12. How many days will be checked and where?
1% of days worked by the drivers
2% from 1/1/2008/
3% from 1/1/2010 and the Commission envisages an increase to 4% from 2012, provided that it is shown that the majority of all vehicles are equipped with a digital tachograph
13. Where checked?
15 % of the total number of the working days at the roadside
30% at the premises of undertakings
And from 2008, 30% at the roadside and 50% at the premises of undertakings
14. Enforcement strategy
The Member states shall ensure a coherent national enforcement strategy/ they may designate a coordination body.
A committee which will assist the Commission, shall consist of representatives of Member States under the chairmanship of the Commission and the European social partners (IRU and ETF) can be observers.
/ President Wilhelm Haberzettl Vice President Graham StevensonGeneral Secretary Eduardo Chagas /