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REPORT (COM(2023)0256 – C90178/2023 – 2023/0155(COD))

On the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 561/2006 as regards minimum requirements on minimum breaks and daily and weekly rest periods in the occasional passenger transport sector

A-9-2023-0370

Committee on Transport and Tourism · Rapporteur: Henna Virkkunen

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Written by a language model from the full text only; every figure comes from the text. The paragraph links open the paragraph a statement rests on — check the text itself before relying on it.

Parliament's amended version of the Commission proposal to amend Regulation (EC) No 561/2006 on breaks and daily and weekly rest periods for occasional passenger transport drivers. It lets drivers split the required 45-minute break into two breaks of at least 15 minutes each. It allows drivers on occasional passenger services of at least 6 days to postpone their daily rest by at most 1 hour once per journey, if driving that day has not exceeded 7 hours. It extends the possibility to postpone weekly rest for up to 12 consecutive 24-hour periods to national occasional passenger services, not only international ones. It requires a digital journey form to be registered electronically before the journey starts, accessible for roadside checks, and asks the Commission to develop a multilingual interface and to report on the rules after two years.

Committee position. The Committee on Transport and Tourism adopts Parliament's position at first reading with amendments to the Commission proposal, allowing more flexibility on breaks and daily rest for occasional passenger services, extending the weekly rest derogation to national services, and adding digital enforcement measures.

Key points

  1. Drivers on occasional passenger services may replace the required break with two breaks of at least 15 minutes each, while respecting the total minimum rest time of 45 minutes.
  2. Drivers on a single occasional passenger service of at least 6 days, with one journey form, may postpone their daily rest by at most 1 hour, if total driving that day has not exceeded 7 hours and maximum daily working time is respected.
  3. The two separate options to postpone daily rest by 1 hour or 2 hours are deleted; the postponement may be used only once during the journey.
  4. The condition that the service lasts at least 24 consecutive hours for the weekly rest derogation is deleted.
  5. A digital journey form with the required information must be electronically registered before the journey starts.
  6. The Commission must develop a multilingual interface for operators to submit electronic journey forms before the journey, possibly using new modules for the Internal Market Information system.
  7. Books of journey forms under Regulation (EC) No 1073/2009 must be replaced by electronic journey forms within 6 months of the amended derogation entering into force.
  8. The Commission must monitor the use of the weekly rest derogation to preserve road safety and report on its consequences for road safety and social aspects.
  9. The Commission must submit legislative proposals to amend Regulation (EU) No 165/2014 so smart tachographs offer 'regular passenger service' and 'occasional passenger service' options.
  10. The Commission must carry out an assessment report two years after adoption on the rules' effect on working conditions, sector attractiveness and enforcement, and consider new measures.
  11. The Commission and member states should promote cooperation with social partners and enforcement authorities, and the Commission should prepare guidelines for a common approach to applying the regulation.
  12. The Commission should propose amending Regulation (EU) No 165/2014 so smart tachographs record whether a vehicle carries goods or passengers and whether passenger carriage is regular or occasional.

Who is affected

  • Drivers in the occasional passenger transport sector, who gain flexibility on breaks and daily rest.
  • Operators of occasional national and international passenger services, who may use the weekly rest postponement and must register digital journey forms.
  • National enforcement authorities, which carry out checks supported by the European Labour Authority.
  • The Commission, which must develop a multilingual interface, report after two years and propose amendments to tachograph rules.

Figures and deadlines

  • 45 minutes: total required minimum rest time for the break.
  • 15 minutes: minimum duration of each of the two breaks.
  • 1 hour: maximum postponement of daily rest.
  • 7 hours: maximum total accumulated driving time for that day to use the daily rest postponement.
  • 6 days: minimum duration of the journey for the daily rest postponement.
  • 12 consecutive 24-hour periods: maximum postponement of weekly rest.
  • 6 months: deadline from entering into force to replace books of journey forms with electronic journey forms.
  • two years: deadline after adoption for the Commission's assessment report.

Legal basis: Article 294(2) and Article 91(1) of the Treaty on the Functioning of the European Union.