The final elements of the EU Road Transport package have been published by the Commission (EC), setting out the organisation’s legislative aim, potentially from March 2019.
The reform covers eight key aspects, of which the most interest regard drivers’ hours, tachographs, ‘mobile’ workers and road tolling.
Trade associations have provided briefings for their members and the full proposals are on the EC website.
The consultation suggests the reference period for calculating average working time (up to six months) may be so long that drivers suffer from fatigue.
It is implied that it might make the reference period shorter. In addition there could be new restrictions for people who drive, but also have another job.
CPT’s Steven Salmon says: “The extent to which British drivers will have to follow EU rules on working time after Brexit is a very open question at the moment. We know unions will cheer additional restrictions but employers will probably fight to keep all the current flexibility.”
The CPT says that it will “continue to seek confirmation” of the principle (accepted by France) that a coach of tourists does not constitute a party established in the Member State that they are visiting and their driver is not, consequently, a posted worker.
This avoids a long list of bureaucratic requirements, including advance notification, for every posted worker.
Rumours that the package would extend the current 12-day rule to national operations have come to nothing.
There is a new requirement to record the relevant country code in the tachograph at the first safe opportunity after crossing a border. CPT “foresees a fine fest” from this measure.
There is a new definition of non-commercial carriage, relevant to Section 19/22, saying “non-commercial carriage means any carriage by road, other than carriage for hire or reward or for own account, for which no remuneration is received and which does not generate any income.”
Full text is here
