Lorry drivers should not be allowed to take their normal weekly rest times (equivalent to at least 45 hours every six days) on board their vehicle, according to the Advocate General, Evgeni Tanchev, in the conclusions presented to the Court of Justice of the European Union on Thursday 2 February.
A Belgian regulation is at the centre of this case (C-102/16). This allowed for a financial penalty of €1,800 to be imposed on a driver who took his normal weekly rest time on board his vehicle. But is this legal under EU law, particularly regulation 561/2006 on the harmonisation of certain provisions in social legislation in the road transport sector?
The answer to this question was not easy because, as pointed out by the Advocate general, the regulation in question is not explicit on this point. Although it stipulates that “reduced weekly rest” can indeed be taken on board the vehicle when it is removed from the trailer, it remains silent on the conditions governing “normal weekly rest times”. This means that the most recent rest time cannot be taken on board the vehicle.
To justify this interpretation, Mr Tanchev examined the crux of the regulation that, according, to him demonstrates that the legislator of the Union did not want to include within the regulation, the possibility of taking normal weekly rest time in the vehicle, in an effort to avoid inappropriate hygiene and well-being conditions for drivers. He also pointed out that the majority of member states had adopted this kind of restriction. (Original version in French by Jan Kordys)