New driver's hours rules set in clay
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The European Council has agreed the draft European legislation designed to improve driving times and rest periods for professional drivers and improve enforcement across the EU. The RHA's public affairs manager, Steve Williams outlines the new rules
Following approval by the European Parliament on February 2 the
European Council has agreed the new driver's hours legislation, which
includes the legal requirement for digital tachographs. This
legislation will now be published in the EU Official Journal, once it
has been fully checked and translated (expected to be in April 2006 -
therefore the use of the digital tachograph in new in-scope vehicles
The official publication date of the European Journal that will specify the definitive information on the changes and the specific dates for full implementation of both the fitment of digital tachograph vehicle units to in-scope vehicles (20 days after the official EU Journal is published) and the date when drivers' hours will be changed (probably 12 months after publication of the EU official Journal) setting the new rules in stone has still not been announced. Publication is expected to be mid April therefore digital tachographs should be mandatory in in-scope commercial vehicles from early May 2006.
The new legislation is designed to complement the working time legislation and strengthen the social rules that cover the road transport sector. Member States will still be free to apply even stricter rules in the case of road transport carried out entirely within their own territory, but they will not be allowed to fall short of the minimum rules laid down in the European legislation. This amounts to a major social advance in certain countries and will serve to prevent social dumping, if adhered to.
The package brings in an obligatory minimum daily rest of 9 hours for drivers instead of the present 8 hours - alternatively, this regular daily rest period may be taken in two periods, the first of which must be an uninterrupted period of at least 3 hours and the second an uninterrupted period of at least 9 hours. A "reduced daily rest period" means any rest period of rest of at least 9 hours but less than 11 hours.
Under the new rules, an obligatory rest period of at least 45 consecutive hours every two weeks - "regular weekly rest period" - means any rest period of at least 45 hours; "reduced weekly rest period" means any rest period of less than 45 hours, which may, subject to the conditions laid down in Article 8(6), be shortened to a minimum of 24 consecutive hours. In any two consecutive weeks a driver shall take at least: 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 period taken en bloc before the end of the third week following the week in question.
This "weekend off" for professional drivers, in the form of a "real" rest for two full days at least every fortnight, is unknown in many EU Member States.
When this legislation comes into force, no professional driver in Europe will be legally allowed to drive for more than 56 hours in any week - this does not really change/affect our industry. The 90 hr per fortnight rule remains. It complements the legislation already in force, since 4th April 2005 - under the Road Transport Directive - in the UK but not yet implemented in some EU member states, that limits the working time for professional drivers (mobile workers) to an average of 48 hours a week over a four-month period.
The draft legislation provides that it will not just be the driver and operator who are responsible for infringements, but also shippers, agents etc. All parties involved in commercial vehicle movements will have to bear their share of the responsibility, although it is not made clear exactly how this will be effectively enforced. (Undertakings, consignors, freight forwarders, tour operators, principal contractors, subcontractors and driver employment agencies shall ensure that contractually agreed transport time schedules respect this Regulation.
Under the new legislation, Member States must ensure that a system of proportionate penalties, which may include financial penalties, is in force for infringements of these regulations.
One Member State will supposedly be able to penalise infringements committed in another Member State. This extraterritoriality of penalties and prosecutions is a new innovation. With the introduction of the digital tachograph it should be possible for enforcement staff to check drivers' driving times over the previous 28 days and to take the vehicle off the road immediately in the case of a serious infringement. The need for drivers' to keep records with them will change once the new legislation is in force, changing from having the last record sheet of the pervious week and all the present weeks records to 15 days worth of records for the first twelve months of the new legislation and then 28 days worth of records at all times after that. This will cover all records, whether analogue or digitally recorded.
These new rules are to be accompanied by a gradual increase in the number of enforcement checks regarding days worked by drivers, as well as a tripling of the number of enforcement operations carried out jointly by Member States. The checks should serve to verify that the social rules are being applied and enable action against 'cowboys' who put their drivers and the public at risk. However, it is unclear if the level of resource available to carry out this increase in enforcement operations is in place or planned for in all member states.
The new legislation will not apply to specialised breakdown vehicles operating within a 100 km radius of their base.
The official publication date of the European Journal that will specify the definitive information on the changes and the specific dates for full implementation of both the fitment of digital tachograph vehicle units to in-scope vehicles (20 days after the official EU Journal is published) and the date when drivers' hours will be changed (probably 12 months after publication of the EU official Journal) setting the new rules in stone has still not been announced. Publication is expected to be mid April therefore digital tachographs should be mandatory in in-scope commercial vehicles from early May 2006.
The new legislation is designed to complement the working time legislation and strengthen the social rules that cover the road transport sector. Member States will still be free to apply even stricter rules in the case of road transport carried out entirely within their own territory, but they will not be allowed to fall short of the minimum rules laid down in the European legislation. This amounts to a major social advance in certain countries and will serve to prevent social dumping, if adhered to.
The package brings in an obligatory minimum daily rest of 9 hours for drivers instead of the present 8 hours - alternatively, this regular daily rest period may be taken in two periods, the first of which must be an uninterrupted period of at least 3 hours and the second an uninterrupted period of at least 9 hours. A "reduced daily rest period" means any rest period of rest of at least 9 hours but less than 11 hours.
Under the new rules, an obligatory rest period of at least 45 consecutive hours every two weeks - "regular weekly rest period" - means any rest period of at least 45 hours; "reduced weekly rest period" means any rest period of less than 45 hours, which may, subject to the conditions laid down in Article 8(6), be shortened to a minimum of 24 consecutive hours. In any two consecutive weeks a driver shall take at least: 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 period taken en bloc before the end of the third week following the week in question.
This "weekend off" for professional drivers, in the form of a "real" rest for two full days at least every fortnight, is unknown in many EU Member States.
When this legislation comes into force, no professional driver in Europe will be legally allowed to drive for more than 56 hours in any week - this does not really change/affect our industry. The 90 hr per fortnight rule remains. It complements the legislation already in force, since 4th April 2005 - under the Road Transport Directive - in the UK but not yet implemented in some EU member states, that limits the working time for professional drivers (mobile workers) to an average of 48 hours a week over a four-month period.
The draft legislation provides that it will not just be the driver and operator who are responsible for infringements, but also shippers, agents etc. All parties involved in commercial vehicle movements will have to bear their share of the responsibility, although it is not made clear exactly how this will be effectively enforced. (Undertakings, consignors, freight forwarders, tour operators, principal contractors, subcontractors and driver employment agencies shall ensure that contractually agreed transport time schedules respect this Regulation.
Under the new legislation, Member States must ensure that a system of proportionate penalties, which may include financial penalties, is in force for infringements of these regulations.
One Member State will supposedly be able to penalise infringements committed in another Member State. This extraterritoriality of penalties and prosecutions is a new innovation. With the introduction of the digital tachograph it should be possible for enforcement staff to check drivers' driving times over the previous 28 days and to take the vehicle off the road immediately in the case of a serious infringement. The need for drivers' to keep records with them will change once the new legislation is in force, changing from having the last record sheet of the pervious week and all the present weeks records to 15 days worth of records for the first twelve months of the new legislation and then 28 days worth of records at all times after that. This will cover all records, whether analogue or digitally recorded.
These new rules are to be accompanied by a gradual increase in the number of enforcement checks regarding days worked by drivers, as well as a tripling of the number of enforcement operations carried out jointly by Member States. The checks should serve to verify that the social rules are being applied and enable action against 'cowboys' who put their drivers and the public at risk. However, it is unclear if the level of resource available to carry out this increase in enforcement operations is in place or planned for in all member states.
The new legislation will not apply to specialised breakdown vehicles operating within a 100 km radius of their base.
