Commission reports on driving times, rest periods and breaks

Publication date: 28 June 2006

The Commission published its fifth report (COM(2006) 321) concerning the implementation of Council Regulation (EEC) No 3820/85. It sets out trends and statistics covering the Member States’ inspection and enforcement activities during the period 2001-2002 in relation to the provisions of Regulation (EEC) No 3820/85 on driving time, rest periods and breaks. It is based on the statistics provided by the Member States and includes their views on the implementation of the Regulation.

com2006_321.pdf (152 KB)

Ten Member States increased the number of working days checked at the roadside, namely Denmark, Germany, Spain, France, Ireland, Italy, Luxembourg, Austria, Sweden and the United Kingdom. The other Member States indicated a reduction in the number of working days checked. Generally, the total number of working days checked (national and nonnational together) has increased during the years 2001-2002.

Eleven Member States increased the number of roadside checks carried out, namely Denmark, Germany, Spain, France, Ireland, Italy, Luxembourg, Austria, Portugal, Sweden and the United Kingdom. The others showed a reduction. In general, the number of drivers checked at the premises of undertaking has decreased.

All of the Member States easily passed the basic checking standard of 1% of working days of professional drivers, with Germany, Greece, Spain, France, Luxembourg and the United Kingdom exceeding 2 %.

Member States have reported some initiatives taken during the period of this report and subsequently. Concerted checks have been undertaken by Denmark, Norway, Finland and Sweden during the reference period. The Commission notes that co-operation is still an exceptional event as most of the Member States appear to be collaborating with each other only occasionally. New Community legislation on working time entered into force on 23 March 2005. A  complementary element to the Regulation, this represents a positive development. The Member States are obliged to ensure that the digital tachograph is being installed in all new vehicles at the beginning of 2006.

However, the overall number of offences recorded has continued to rise in several Member States In a highly competitive market, in which companies are under pressure to keep costs to a minimum, action must be taken to improve compliance with these essential rules. For every 100 working days checked, European enforcement agencies detect on average 1.69 offences. The Commission would encourage a more targeted approach based on risk assessments, given the limited resources available. It is evident that the current situation cannot be left to deteriorate. Only with a more coherent set of rules plus a greater effort and investment on the part of the Member States in terms of enforcement activity, can there be greater respect for Community social norms in the road transport sector.