Civil society
opinion on the proposed regulation on harmonisation of social legislation on
road transport
Markov
report
Europe’s workers and the environmental movement, represented by ETF and T&E[1], recognise an urgent need for improvement in the 15 year old driving and rest time regulation for the road transport sector. The outdated Regulation 85/3820 has proved ineffective in promoting road safety and is not in compliance with the recently adopted working time directive for road transport workers[2].
We are concerned that road working conditions should conform to the highest standards in the transport sector. This is for the following reasons:
- Safety: Long driving hours and too-short rest times result in a greater chance of accidents, which have a direct impact on the people involved and the local environment. It is not necessary to compromise on safety to ensure economic growth: instead, a good and fair system is needed.
- Fair competition: Low social standards in road transport lead to unfair competition between the different modes of transport. This leads to competitive distortion in favour of road haulage. Fair competition requires high social standards: unfair competition leads to an inefficient economy and lower welfare. Low social standards are in complete opposition to the EU objective of promoting more environmentally friendly transport modes.
- Decent social conditions: Working conditions in road transport, especially in long distance road transport, are comparable with 19th century standards and put professional drivers in one of the three most dangerous professions. The need for flexibility must not overrule the right for decent working conditions in Europe.
With these principles in mind, we have the following specific recommendations about the proposed draft regulation:
- Scope: Safety relevant driving and rest time rules must apply to all commercial road transport activities. This includes small truck deliveries and regular passenger transport. Note that this regulation determines the scope of the road transport working time directive, meaning that only those activities which are covered by this regulation are covered. It is therefore crucial that the scope is wide enough.
- Driving time and the working week: A driver should drive no more than 45 hours in a week, considering that hours of other work have to be added to the driving hours, which also add to fatigue. A week must be a calendar week. The Commission’s definition allows 74 hours driving in a single week.
- Rest time: Sufficiently long rest time is indispensable for safe road transport. Professional drivers spend large amounts of time behind the wheel and need regulations which protect them around the clock. Short rest time periods and irregular day and night shifts increase accident risk. Daily rest must not be split into several parts. It must be absolutely excluded that a driver takes rest time in a moving vehicle. Compensation for shorter rest periods is needed. Reminder: it is this regulation which determines professional drivers’ rest time, not the recently-adopted working time directive.
- Inspection and enforcement: A greater number of more efficient inspections is needed. Companies which organise drivers’ shifts in a way that driving and rest time cannot be respected must be fined. More attention must be paid to the responsibility of forwarders which impose impossible delivery schedules. Sanctions must be harmonised and effective. Companies calculate fines into their prices: one measure must thus be the option of enforcing rest times on the spot.
In general, the draft report of the RETT
Committee rapporteur and the opinion of the Employment and Social Affairs
Committee meet these needs.
In detail we recommend Members of the European
Parliament to vote in favour (+) and against (-) the following amendments in
the Markov report:
Scope of the regulation
+ 8, 9, 11, 96, 75, 222
- 71, 72, 73, 76, 78, 84, 210, 211, 212, 214 (and all additional exemptions from the regulation)
Driving time and the working week
+ 26, 29, 30, 70, 112, 113, 136, 145, 146,
149, 150
- 22, 144, 147, Employment Committee no. 11
Daily and weekly rest time
+ 24, 25, 32, 34, 36, 132, 155, 178, 181,
188, 191, 193
- 37, 114, 118, 119, 120, 121, 126, 130, 134, 162, 163, 166, 169,
170, 172, 173, 182, 184,
185, 186, 187, 190, 195,
196, 197 (and all similar amendments)
Inspections and enforcement
+ 38, 46, 54, 59, 62, 63, 64, 65, 66,
206,207, 224, 233
- 203, 204, 205
For further information please contact:
Stephanos Anastasiadis, T&E: +32 2 502 99 09, or e-mail stephanos.anastasiadis@t-e.nu
Sabine Trier, ETF, +32 2 285 46 67, or e-mail s.trier@etf.skynet.be