19 Amendments of Sergio GUTIÉRREZ PRIETO related to 2017/0122(COD)
Amendment 15 #
Proposal for a regulation
Recital 1
Recital 1
(1) Good working conditions for drivers and fair business conditions for road transport undertakings are of paramount importance to creating a safe, efficient and socially accountable road transport sector, which is able to attract qualified workers. To facilitate that process it is essential that the Union social rules in road transport are clear, fit for purpose, easy to apply and to enforce and implemented in an effective and consistent manner throughout the Union.
Amendment 22 #
Proposal for a regulation
Recital 2
Recital 2
(2) Having evaluated the effectiveness and efficiency of the implementation of the existing set of Union social rules in road transport, and in particular Regulation (EC) No 561/2006 of the European Parliament and of the Council9 , certain deficiencies were identified in the existing legal framework. Unclear and unsuitable rules on weekly rest, resting facilities, breaks in multi- manning and the absence of rules on the return of drivers to their home, lead to diverging interpretations and enforcement practices in the Member States. Several Member States recently adopted unilateral measures further increasing legal uncertainty and unequal treatment of drivers and operators. __________________ 9 Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85 (OJ L 102, 11.4.2006, p. 1).
Amendment 32 #
Proposal for a regulation
Recital 6
Recital 6
(6) Drivers engaged in long-distance international transport operations spend long periods away from their home. The current requirements on the regular weekly rest unnecessarily prolong those periods. It is thus desirable to adapt the provision on the regular weekly rest in such a way that it is easier for drivers to carry out transport operations In order to secure decent working compliance with the rules and to reach their home for a regular weekly rest, and be fully compensated for all reduced weekly rest periods. It is alsonditions, it is necessary to provide that operators organise the work of drivers in such a way that these periods away from home are not excessively long, and ensure that drivers have both the opportunity and the means to return home on a regular basis.
Amendment 42 #
Proposal for a regulation
Recital 7
Recital 7
(7) There are differences among Member States in the interpretation and implementation of the weekly rest requirements as regards the place where the weekly rest should be taken. It is therefore appropriate to clarify that requirement to ensure that drivers are provided with adequate private accommodation paid for by the employer for their regular weekly rest periods if they are taken away from home.
Amendment 56 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) In order to improve road safety and the working conditions of drivers, the scope of Regulation (EC) No 561/2006 should include the use of vehicles for the transport of goods with a permissible mass of less than 3,5 tonnes.
Amendment 64 #
Proposal for a regulation
Recital 11 b (new)
Recital 11 b (new)
(11b) The need for a level playing field among companies in international road transport make it necessary to shorten the transitional period for the installation of the digital tachograph in registered vehicles. The digital tachograph will contribute to simplified controls and thus facilitate the work of national authorities.
Amendment 71 #
Proposal for a regulation
Recital 11 c (new)
Recital 11 c (new)
(11c) In order to guarantee effective enforcement when carrying out roadside checks, the competent authorities should be able to observe whether the rules regarding driving and rest time periods have been complied with on the day of the check and over the preceding 56 days.
Amendment 76 #
Proposal for a regulation
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
Regulation (EC) No 561/2006
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) of goods where the maximum permissible mass of the vehicle, including any trailer, or semi-trailer, exceeds 3,5 tonne-1) in Article 2(1), point (a) is replaced by the following "(a) of goods, or"
Amendment 82 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EC) No 561/2006
Article 3 – point h
Article 3 – point h
(h) vehicles or combinations of vehicles with a maximum permissible mass not exceeding 7,5 tonnes used for the non-commercial carriage of goods;
Amendment 91 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Regulation (EC) No 561/2006
Article 4 – point r a (new)
Article 4 – point r a (new)
(2a) In Article 4, the following point is added: “(ra) “home” means the place of residence of the driver in a Member State.”
Amendment 107 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Regulation (EC) No 561/2006
Article 8 – point 6 – subparagraph 1
Article 8 – point 6 – subparagraph 1
Amendment 124 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Regulation (EC) No 561/2006
Article 8 – paragraph 7
Article 8 – paragraph 7
7. Any rest period taken as compensation for a reduced weekly rest period shall immediately precede or followbe taken before or as an extension of a regular weekly rest period of at least 45 hours as one continuous rest period.;
Amendment 133 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Regulation (EC) No 561/2006
Article 8 – paragraph 8 a – introductory part
Article 8 – paragraph 8 a – introductory part
8a. The regular weekly rest periods and any weekly rest of more than 45 hours taken in compensation for previous reduced weekly rest shall not be taken in a vehicle. They shall be taken in a suitable accommodation, with adequate private sleeping and sanitary facilities;
Amendment 139 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Regulation (EC) No 561/2006
Article 8 – paragraph 8 b
Article 8 – paragraph 8 b
8b. A transport undertaking shall organise the work of drivers in such a way that the drivers are able to spend at least one regular weekly rest period or any weekly rest of more than 45 hours taken in compensation for reduced weekly rest at home or at another private location chosen by the driver. Where drivers do not have weekly rests of more than 45 hours taken in compensation for reduced weekly rest at home within each period of three consecutive weeks., the drivers shall be able to spend at least one regular weekly rest period at home or at another private location chosen by the driver within each period of three consecutive weeks. The drivers journey to and from home shall be either provided or paid for by the employer, and the driver shall be compensated equivalently where another private location is chosen. Time spend traveling to and from home or to and from a private location can not be considered as rest;
Amendment 157 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6 a (new)
Article 1 – paragraph 1 – point 6 a (new)
(6a) in Article 10, paragraph 1 is replaced by the following: "1. A transport undertaking shall not give drivers it employs or who are put at its disposal any payment, even in the form of a bonus or wage supplement, related to fast delivery, distances travelled and/or the amount of goods carried if that payment is of such a kind as to endanger road safety and/or encourages infringement of this Regulation..”;
Amendment 173 #
Proposal for a regulation
Article 2 – paragraph 1 – point -1 (new)
Article 2 – paragraph 1 – point -1 (new)
Regulation (EU) No 165/2014
Article 3 – paragraph 4
Article 3 – paragraph 4
Amendment 182 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 a (new)
Article 2 – paragraph 1 – point 2 a (new)
Regulation (EU) No 165/2014
Article 36 – paragraph 1 – point i
Article 36 – paragraph 1 – point i
(2a) in Article 36(1), point (i) is replaced by the following: "(i) the record sheets for the current day and those used by the driver in the previous 2856 days,”;
Amendment 183 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 b (new)
Article 2 – paragraph 1 – point 2 b (new)
(2b) In Article 36(1), point iii is replaced by the following: "(iii) any manual records and printouts made during the current day and the previous 2856 days as required under this Regulation and Regulation (EC) No 561/2006.”;
Amendment 184 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 c (new)
Article 2 – paragraph 1 – point 2 c (new)
Regulation (EU) No 165/2014
Article 36 – paragraph 2 – point ii
Article 36 – paragraph 2 – point ii
Article 2c In Article 36 (2), point ii is replaced by the following: "(ii) any manual records and printouts made during the current day and the previous 2856 days as required under this Regulation and Regulation (EC) No 561/2006,”;