EUROPE has obtained a copy of the most recent draft compromise from the Bulgarian Presidency of the Council of the European Union on the revision of the regulations on lorry drivers' rest and working time (561/2006) and the use of the tachograph (165/2014), dated 4 April. Although this does not envisage many changes compared to the most recent text we reported on in our publication (see EUROPE 11988), specifications involving the date upon which the new generation smart tachograph will be obligatory for heavy duty vehicles have been changed.
The question of the date for introducing the new generation smart tachograph for the whole of the vehicle fleet is a key point in the proposals for the first "mobility" package" presented by the European Commission on 31 May last (see EUROPE 11799). This would effectively involve ensuring that the rules applicable to road transport are respected. Although the Commission initially proposed that this obligation should be applicable for all vehicles in 2034, the most recent compromise text was counting on 31 December 2028, irrespective of the kind of tachograph currently installed on vehicles.
In the draft compromise of 4 April, the Bulgarian Presidency of the Council suggests that on the basis of the kind of tachograph currently used for lorries operating in a member state other than the one in which they are registered, it should be compulsory for a new generation smart tachograph to be installed 3, 5, 7 or 9 years after the entry into force of the revised regulation. Therefore, after three years, the lorries that currently have analogue tachographs and certain digital tachographs should be equipped with new generation smart tachographs (V2). Nonetheless, for vehicles that currently have a “classic” smart tachograph (V1), the new generation smart tachograph would not have to be installed until nine years after the entry into force of this new text. This new kind of smart tachograph is not yet up to speed and discussions are due to focus on its conceptualisations outlines, in an effort to gather precise data when it comes to crossing borders and the appropriate cartography.
It should be pointed out that the objective of the national delegations is to reach a general approach in June, which would allow for the text to be formally adopted in 2019. This would involve calculating the transition period for installing the new generation smart tachographs from this date.
Clarifications regarding working time. For all remaining provisions relating to the working time of lorry drivers, there are minor changes with regard to the most recent text and the political opposition that has already been observed is therefore likely to arise again. Nonetheless, the proposal to limit working time to 180 hours out of the four week period and to 159 hours over a three week period, as proposed in an initial compromise text, has been withdrawn (see EUROPE 11951). This modification, however, would require clarification from the Bulgarian Presidency of the Council to draw the necessary conclusions from it.
Finally, this compromise is suggesting that a lorry driver can exceed the daily or weekly working time by two hours in order to return to “the employer's operational centre or the driver's place of residence”, whereas, previously, four hours was envisaged.
The experts from the national delegations will examine this draft compromise during the “terrestrial” working party meetings on 12 and 13 April. It should be recalled that at the European Parliament, the first compromise amendments have already been presented by Mr Wim Van de Camp (EPP, Netherlands), the rapporteur for the text, to the shadow rapporteurs (see EUROPE 11996). The trade unions have stated that they will oppose these amendments (see other article). (Original version in French by Lucas Tripoteau)