21 Amendments of Franck PROUST related to 2017/0122(COD)
Amendment 19 #
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 29 #
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 compliance with the rules and to reacho ensure that these periods away from home are not excessively long, operators should organise the work of drivers in such a way that they can live in decent conditions thanks to allowances or bonuses sufficient to fund decent accommodation. Measures should also be taken to ensure that operators organise the return of drivers to their home for a regular weekly rest, and be fully compensated for all reduced weekly rest periods. It is also necessary to provide that operators organise the work of drivers in such a way that these periods away from home are not excessively longnother place of their choosing at least every two weeks. It is essential that the duration of this return trip does not count as part of the rest period and that if drivers choose to spend their rest time in a place other than their home the undertaking must not in any way use it to save on the cost of a return or of travel allowances for the driver.
Amendment 50 #
Proposal for a regulation
Recital 11
Recital 11
(11) To simplify and enhance cost- effectiveness of enforcement of the social rules the potential of the current and future tachograph system, all international goods transport vehicles should be fully exploitted. Therefore the functionalities of the tachograph should be improved to with smart tachographs by 2023, which will allow for more precise positioning, in particular during international transport operations.
Amendment 55 #
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 59 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) The exclusion of road vehicles or combinations of vehicles carrying out international transport operations with a laden mass not exceeding 3.5 tonnes has resulted in the development of unfair competition and differences in the application of Regulation (EC) 561/2006, leading to disparities in working conditions and compromising road safety. These types of vehicles should therefore also be included in the scope of Regulation (EC) 561/2006.
Amendment 64 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) The maximum driving periods per day, per week and per period of two consecutive weeks, as set out in Regulation (EC) No 561/2006, clearly contribute to improving the social conditions of road drivers and road safety in general. They should therefore remain in force and steps should be taken to ensure that they are respected.
Amendment 69 #
Proposal for a regulation
Recital 4 b (new)
Recital 4 b (new)
(4b) In order to ensure, at European level, the conditions for road safety, environmental protection and fair and healthy competition, this Regulation applies to all motorised vehicles carrying out international transport and/or cabotage operations.
Amendment 77 #
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, paragraph 1(a) is replaced by the following: (a) of goods, or
Amendment 78 #
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 In order to ensure that these periods away from home are not excessively long, provision should be made for carriers to organise 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 compliance with the rules and to reache work of these drivers so that they can live in decent conditions through the provision of adequate compensation or premiums to pay for decent accommodation. Measures should also be taken to ensure that operators organise the return of drivers to their home for a regular weekly rest, and be fully compensated for all reduced weekly rest periods. It is also necessary to provide that operators organise the work of drivers in such a way that these periods away from home are not excessively longnother place of their choosing at least every two weeks. It is essential that the duration of this return trip does not count as part of the rest period and that if drivers choose to spend their rest time in a place other than their home the undertaking must not in any way use it to save on the cost of a return or of travel allowances for the driver.
Amendment 104 #
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 – paragraph 6 – subparagraph 1
Article 8 – paragraph 6 – subparagraph 1
Amendment 129 #
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 notcannot under any circumstances be taken in a vehicle. They shallIt must be taken in a suitable accommodation, withoutside the cabin, having a secure parking area and adequate sleeping and sanitary facilities;.
Amendment 133 #
Proposal for a regulation
Recital 11
Recital 11
(11) To simplify and enhance cost- effectiveness of enforcement of the social rules the potential of the current and future tachograph systems should be fully exploited. Therefore the functionalities of the tachograph should be improved to allow for more precise positioning, in particular during international transport operation, all vehicles carrying out international road haulage and cabotage operations should be fitted with smart tachographs by 2023, in order to allow for more precise positioning of these vehicles.
Amendment 138 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) The exclusion of light goods vehicles or combinations of vehicles carrying out international transport operations with goods not exceeding 3.5 tonnes has resulted in the development of unfair competition between the enterprises of Member States and differences in the application of Regulation (EC) 561/2006, leading to disparities in the working conditions of drivers and compromising road safety. These types of vehicles should therefore also be included in the scope of Regulation (EC) 561/2006.
Amendment 147 #
Proposal for a regulation
Article premier – paragraph 1 – point 5 – point c
Article premier – 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 a weekly rest of more than 45 hours taken in compensation for reduced weekly rest at home within each period of threewo consecutive weeks.;
Amendment 165 #
Proposal for a regulation
First Article – paragraph 1 – point 1 a (new)
First Article – paragraph 1 – point 1 a (new)
Regulation (EC) No 561/2006
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(1a) of goods where the maximum permissible mass of the vehicle, including any trailer, or semi-trailer, exceeds 3.5 tonnes, or content/FR/TXT/HTML/?uri=CELEX:32006R0561&qid=1519652857817&from=FR)in Article 2, paragraph 1, point (a), is replaced by the following: "(a) of goods, or” Or. fr (http://eur-lex.europa.eu/legal-
Amendment 174 #
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 240 #
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 – paragraph 6 – subparagraph 1
Article 8 – paragraph 6 – subparagraph 1
Amendment 326 #
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
Article 8 – paragraph 8 a
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 cannot under any circumstances be taken in a vehicle. They shallIt must be taken in a suitable accommodation, withoutside the cabin, with a secure parking area and adequate sleeping and sanitary facilities,.
Amendment 365 #
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 a weekly rest of more than 45 hours taken in compensation for reduced weekly rest at home within each period of threewo consecutive weeks.";
Amendment 440 #
Proposal for a regulation
Article 2 – paragraph 1 – point -1 (new) Regulation (EU) No 165/2014
Article 2 – paragraph 1 – point -1 (new) Regulation (EU) No 165/2014
Amendment 477 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
Regulation (EU) 165/2014
Article 34 – paragraph 7 – subparagraph 1
Article 34 – paragraph 7 – subparagraph 1
7. The driver shall enter in the digital tachograph the symbols of the countries in which the daily working period started and finished as well as where and when the driver has crossed a border in the vehicle on arrival at the suitable stopping place. The driver shall also enter the symbols of the countries that he has entered after crossing the border, starting at the first possible stopping point in the Member State. This stopping point should be understood as the first available place where the driver can stop the vehicle safely and within 15 minutes of crossing the border. Member States may require drivers of vehicles engaged in transport operations inside their territory to add more detailed geographic specifications to the country symbol, provided that those Member States have notified those detailed geographic specifications to the Commission before 1 April 1998.”.