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Organisation of working time in respect of road transport activities
This directive lays down minimum standards to protect the health and safety of road workers. It also aims at avoiding distortions to competition within the Community and improving road safety.
Directive 2002/15/EC of the European Parliament and of the Council of 11 March 2002 on the organisation of working time of persons performing mobile road transport activities.
The basic directive concerning certain aspects of the organisation of working time provides for the replacement of its general provisions with more specific requirements. This is the case for transport. For this particular sector, Regulation (EC) No 561/2006 lays down the maximum daily driving time and the minimum duration of the rest periods.
The Directive supplements the provisions of Regulation (EC) No 561/2006. Consequently, the provisions of this Regulation in regard to breaks, rest periods and driving periods continue to apply to the self-employed drivers * and to the mobile workers * concerned.
The Directive applies to all mobile workers performing road transport activities employed by undertakings established in a Member State as well as to self-employed drivers (from 23 March 2009). The provisions of this sectoral directive take precedence over the relevant provisions of the basic directive on the organisation of working time because it contains more specific provisions as regards workers.
The Directive establishes:
- that the average weekly working time may not exceed 48 hours. It can be extended to 60 hours only if an average of 48 hours per week is not exceeded within a period of four months. For mobile workers, working time * is the sum of the working hours spent working for different employers. The mobile worker must inform the employer concerned in writing of working time performed for another employer;
- an obligation to take a break after six hours of work in addition to the provisions on breaks in Regulation (EC) No 561/2006;
- that daily working time may not exceed 10 hours for each period of 24 hours for night workers *;
- that records are kept of the workers’ working time. Member States must take the measures necessary to ensure that the employer posts or displays in a place accessible to all workers a copy of this Directive and of the corresponding domestic law. The employer is required to record the working time of mobile workers and to keep these records for at least one year.
It is for the Member States to decide upon the penalties for infringement. These penalties must be effective, commensurate with the infringement and constitute a sufficient deterrent.
Every two years Member States must report to the Commission on the implementation of this directive indicating the viewpoints of the social partners. The Commission must produce a report every two years on the implementation of this Directive by Member States, which is then forwarded to the Council, the European Parliament and the Economic and Social Committee.
On 15 July 1997 the Commission adopted a White Paper on sectors and activities excluded from the 1993 working time directive in which it proposed several approaches designed to protect the health and safety of workers in the sectors excluded from the basic Directive.
Following consultations with the social partners, the Commission concluded, in its Communication of 31 March 1998 that nothing justified treating "mobile" workers and "non-mobile workers" in a different way and that therefore the basic principles of the working time directive should apply to all workers.
Subsequently, the social partners tried unsuccessfully to negotiate an agreement concerning mobile workers in road transport activities. The Commission therefore presented a Proposal for a Directive laying down a number of more specific requirements relating to working time for road transport.
|Act||Entry into force||Deadline for transposition in the Member States||Official Journal|
OJ L 80 of 23.3.2002