Council adopts Social Legislation in Road Transport

Publication date: 02 February 2006

Following the agreement reached with the European Parliament in the conciliation committee, the Council adopted today (by written procedure):

- a regulation establishing common rules on driving times, breaks and rest periods for professional drivers and requiring use in road transport vehicles of a digital tachograph to measure these times and repealing regulation, and
- a directive updating and repealing directive 88/599/ECC on checks on implementation of social legislation relating to road transport.

cod20010241_social_legislation.pdf (180 KB)

cod2003_0255_social_legislation.pdf (135 KB)

Both legislative acts were adopted by qualified majority, the French delegation voting against the directive.

The regulation is aimed at improving social conditions for professional drivers and general road safety. It builds on the daily driving time limits (9 hours), and fortnightly driving time limits (not exceeding 90 hours) already provided for in regulation 3820/85 by introducing a maximum weekly driving time of 56 hours. The regulation provides for daily and weekly rest periods obliging drivers, among others, to take a regular weekly rest period of 45 hours at least once per two consecutive weeks and sets out provisions which prescribe that under no circumstances should a daily rest period be less than an uninterrupted period of 9 hours.

The regulation requires that all new vehicles put into service after the twentieth day following its publication in the Official Journal of the EU (expected in April 2006), must be fitted with a digital tachograph. In consequence, the use of the digital tachograph for new vehicles will be mandatory from early May 2006.

The directive - which lays down conditions for checking implementation of regulations (EEC) 3820/85 and 3821/85 - is aimed at increasing the quantity and at enhancing the quality of checks, as well as at promoting better cooperation between national authorities responsible for carrying out the checks.

With the introduction of the digital tachograph, data will be more easily accessible and more precise. The current 1% of days worked by drivers checked will increase to at least 2% from 2008 and to at least 3% from 2010. Furthermore the directive obliges the member states to collect statistics on these checks and to submit them to the Commission every two years. The directive establishes elements to be covered by roadside checks, elements to be checked at the premises of undertakings, standard equipment to be available to enforcement units and a non-exhaustive list on what is to be regarded as an infringement.

The European Parliament has also adopted the agreements reached in the conciliation committee. Therefore, the directive and the regulation are now formally adopted.

Related News Item:
- European social rules for road transport (2 February 2006)