Brussels, 07/12/2005 (Agence Europe) - On 6 December, the Parliament and Council reached agreement within the framework of a conciliation on a new legislative package (regulation and directive) to make improvements in driving and rest times for professional drivers carrying goods and passengers. This package improves the old legislation, although rapporteur Helmuth MARKOV (GUE/NGL, Germany), who voted against the compromise, expressed reservations. Member States are free to apply stricter road transport rules for journeys entirely within their borders.
As a revision of the regulation on rest and driving times, the conciliation allowed the maximum driving time to be set at 56 hours per week (ambiguity in the wording of the previous regulation meant it was possible to drive for up to 74 hours in a week and 90 hours over 2 weeks, equivalent to two full days' rest every two weeks). Continuous daily rest time remains at 11 hours; Parliament would have preferred 12 hours with the opportunity to reduce this to 9 hours three times per week. Breaks will have to be taken more regularly (every four and a half hours). Working time (driving time plus time for loading and unloading, for example) is limited to 60 hours per week.
The new Directive will gradually increase the frequency of checks at the roadside and within haulage yards, from at least 1% of working days to 2% in 2008, then to at least 3% from 2010. Checks will be carried out mainly in haulage yards where inspections can be more thorough than at the roadside. At least 15% of checks will be carried out at the roadside, and at least 30% in yards; these minima will rise to 30% and 50% respectively from 1st January 2008. All new vehicles (HGVs of more than 3.5t and buses), and those already equipped with analogue tachygraphs, will have to be fitted with digital tachygraphs and drivers will be required to carry a smart card from 20 days after publication in the official Journal, that is, in May 2006. At June's “Transport” Council, Commissioner Barrot allowed a “tolerance period” for the introduction of the tachygraphs (1 January 2006 instead of 5 August 2005 - EUROPE 8979). The two timetables should be able to articulate without difficulty, said Mr Barrot, who will send warnings (the first stage) to Member States who are not ready on 1 January 2006.
The new package also contains a common list of sanctions available to national inspectors, who will, from now on, be empowered to sanction infractions committed in another Member State. Employers, jointly responsible with charterers, will be deemed responsible for infringements, rather than drivers who are often put under pressure.