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OPINION (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

EMPL-AD-752815

Committee on Employment and Social Affairs · Rapporteur: Marianne Vind

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The Committee on Employment and Social Affairs proposes amendments to a Commission proposal amending Regulation (EC) No 561/2006 on breaks and rest periods in occasional road passenger transport. It wants rules that are clear, proportionate and easy to implement, apply and enforce, and that protect drivers' safety, health and working conditions. It proposes allowing drivers to split the obligatory break into two breaks of at least 15 minutes each, while respecting the total minimum rest time of 45 minutes. It proposes allowing drivers on journeys of eight days or longer to postpone the start of their daily rest period by at most one hour, once per journey, if driving time that day has not exceeded seven hours. It proposes deleting the possibility of postponing the daily rest period by at most two hours and the extension of the weekly rest period postponement to national occasional services. It asks for a digital journey form to be electronically registered before the start of an international journey and for national authorities, supported by the European Labour Authority, to enforce the rules.

Committee position. The committee proposes amendments to the Commission proposal, including allowing two breaks of at least 15 minutes each, allowing a one-hour postponement of daily rest on journeys of eight days or longer, deleting the two-hour postponement and the extension to national services, and requiring a digital journey form.

Key points

  1. The committee calls on the Committee on Transport and Tourism to take its amendments into account.
  2. It wants Union social rules on road transport to be clear, proportionate, fit for purpose and easy to implement, apply and enforce.
  3. It states that occasional road passenger transport has specific features, such as seasonality and unscheduled passenger requests, and that drivers may face a cumulative impact on stress and fatigue.
  4. It says the ex post evaluation found that some uniform rules on breaks and rest periods do not fit occasional road passenger transport and can have negative implications for working conditions.
  5. It wants rules on scheduling and distribution of breaks and rest periods to allow better organisation of working time and reduce time away from home, without jeopardising safety or health.
  6. It proposes deleting the recital on clarifying the definition of occasional passenger services and the reference to Regulation (EC) No 1073/2009.
  7. It proposes that drivers may split their obligatory break into two breaks of at least 15 minutes each, while respecting the total required minimum rest time of 45 minutes.
  8. It proposes that drivers on journeys of eight days or longer may postpone the start of their daily rest period by at most one hour, if driving time that day has not exceeded seven hours and maximum daily working time is respected.
  9. It proposes that such a derogation may be used only once during the journey.
  10. It proposes deleting the possibility of postponing the daily rest period by at most two hours when driving time has not exceeded five hours.
  11. It proposes deleting the extension of the weekly rest period postponement to national occasional passenger services.
  12. It proposes that a digital journey form with all features specified in Regulation (EC) No 1073/2009 be electronically registered before the start of an international journey, and that national authorities supported by the European Labour Authority enforce the rules using digital tools.

Who is affected

  • Drivers in occasional road passenger transport: rules on breaks and daily rest periods would change.
  • Road transport undertakings: rules on scheduling and enforcement would change.
  • National competent authorities and the European Labour Authority: would enforce the rules using digital tools.

Figures and deadlines

  • at least 15 minutes each — minimum duration of each of the two breaks.
  • 45 minutes — total required minimum rest time.
  • at most 1 hour — maximum postponement of the daily rest period.
  • 7 hours — maximum accumulated driving time for the day to use the postponement.
  • 8 days or longer — minimum journey duration for the postponement.
  • at most 2 hours — postponement of the daily rest period that would be deleted.
  • 5 hours — maximum accumulated driving time for the two-hour postponement that would be deleted.
  • 12 consecutive 24-hour periods — weekly rest period postponement that would be deleted.