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DRAFT 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-PA-752815

Committee on Employment and Social Affairs · Rapporteur: Marianne Vind

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This is a draft opinion by the Committee on Employment and Social Affairs on the Commission proposal to amend Regulation (EC) No 561/2006 on breaks and rest periods in occasional passenger transport. The rapporteur proposes amendments to the recitals and articles, allowing drivers to split the obligatory break into maximum two breaks of at least 15 minutes each. Drivers could postpone daily rest by up to one hour if driving that day has not exceeded seven hours, on journeys of eight days or longer, limited to one derogation per journey. The amendments delete the proposed postponement of daily rest by at most 2 hours and the extension of weekly rest postponement to national services. They require a digital journey form to be electronically registered before an international journey and accessible during roadside checks.

Committee position. The Committee on Employment and Social Affairs proposes amendments to the Commission proposal, allowing drivers to split breaks into maximum two breaks of at least 15 minutes and to postpone daily rest by one hour under conditions, while deleting the proposed 2-hour postponement and the extension to national services.

Key points

  1. The opinion calls for clear, proportionate and easy-to-implement Union social rules on road transport that ensure non-discrimination and attract qualified workers.
  2. It states that occasional road passenger transport has specific features, including high seasonality, unscheduled passenger requests, less driving time and less night driving than freight or regular bus services.
  3. It finds that some uniform rules on breaks and rest periods are unsuitable and impractical for occasional passenger transport, harming service organisation and drivers' working conditions.
  4. It says flexibility must not jeopardise safety, increase fatigue or worsen working conditions, and must not alter rules on total minimum breaks, maximum daily and weekly driving periods or maximum fortnightly driving time.
  5. It allows drivers to split the obligatory break into maximum two separate breaks of at least 15 minutes each, without preventing longer breaks.
  6. It allows drivers to postpone the start of daily rest by a maximum of one hour if the day's driving has not exceeded seven hours, on journeys of eight days or longer, limited to one derogation per journey.
  7. It requires the European Labour Authority and national authorities to provide appropriate checks, with administrative requirements taking full advantage of digital tools.
  8. It requires a digital journey form to be electronically registered before an international journey and accessible in real time during roadside checks.
  9. It deletes the proposed postponement of daily rest by at most 2 hours when accumulated driving that day has not exceeded 5 hours.
  10. It deletes the extension of weekly rest postponement for up to 12 consecutive 24-hour periods to occasional national passenger services.
  11. It requires drivers to indicate the reason for a derogation manually on the record sheet, a printout or the duty roster at the latest on arrival at the destination or a suitable stopping place.

Who is affected

  • Drivers in occasional road passenger transport, who gain flexibility in scheduling breaks and daily rest.
  • Operators in the occasional passenger transport sector, who can organise services more flexibly.
  • The European Labour Authority and national competent authorities, which must provide appropriate checks.

Figures and deadlines

  • maximum two separate breaks of at least 15 minutes each
  • postpone daily rest for a maximum period of one hour
  • driving period for that day has not exceeded seven hours
  • journeys of eight days or longer
  • only one derogation during the period of the journey
  • postponing the daily rest period by at most 2 hours
  • total accumulated driving time for that day has not exceeded 5 hours
  • up to 12 consecutive 24-hour periods