39 Amendments of António MARINHO E PINTO related to 2017/0122(COD)
Amendment 38 #
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 faccommodation for their regular weekly rest periodilities if they are taken away from home.
Amendment 44 #
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) Many road transport operations within the EU involve transport by ferry or by rail for part of the journey. Clear, appropriate provisions regarding rest periods and breaks should therefore be laid down for such operations.
Amendment 47 #
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) In order to safeguard working conditions of the drivers at places of loading and unloading, owners and operators of such facilities should provide the driver with the access to hygienic facilities.
Amendment 89 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EC) No 561/2006
Article 4 – point r
Article 4 – point r
(r) 'non-commercial carriage' means any carriage of passengers or goods by road, other than carriage for hire or reward or for own account, for which no direct or indirect remuneration is received and which does not directly or indirectly generate any income.
Amendment 95 #
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 6 – paragraph 3
Article 6 – paragraph 3
(2a) in Article 6, paragraph 3 is replaced by the following: 3. The total accumulated driving time during any twofour consecutive weeks shall not exceed 9180 hours.;
Amendment 99 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 561/2006
Article 6 – paragraph 5 – first sentence
Article 6 – paragraph 5 – first sentence
Amendment 100 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EC) No 561/2006
Article 7 – paragraph 3
Article 7 – paragraph 3
Amendment 101 #
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 faccommodation for their regular weekly rest periodilities if they are taken away from home.
Amendment 102 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point -a (new)
Article 1 – paragraph 1 – point 5 – point -a (new)
Regulation (EC) No 561/2006
Article 8 – paragraph 5
Article 8 – paragraph 5
(-a) paragraph 5 is replaced by the following: 5. "By way of derogation from paragraph 2, within 30 hours of the end of a daa driver engaged in an occasional service of carriage of passengers, as defined in Regulation (EC) No 1073/2009 of the European Parliament and of the Councily or weekly rest period, a driver engaged in multi-manning must have taken a new daily rest period off 21 October 2009 on common rules for access to the international market for coach and bus services, may postpone, maximum two times per week, the daily rest with one hour, provided that the daily rest period taken after the use of the derogation is at least nine9 hours. ”;
Amendment 107 #
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) Many road transport operations within the EU involve transport by ferry or by rail for part of the journey. Clear, appropriate provisions regarding rest periods and breaks should therefore be laid down for such operations;
Amendment 110 #
Proposal for a regulation
Recital 7 b (new)
Recital 7 b (new)
(7b) In order to safeguard working conditions of the drivers at places of loading and unloading, owners and operators of such facilities should provide the driver with the access to hygienic facilities;
Amendment 115 #
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 – point b a (new)
Article 8 – paragraph 6 – subparagraph 1 – point b a (new)
(ba) one regular weekly rest period of at least 45 hours and three reduced rests of at least 24 hours. If a reduced weekly rest period is taken, the driver must take the difference between the rest period taken and 45 hours, in a single block, by the end of the fourth week following the week in which the reduced rest period ends.
Amendment 122 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a a (new)
Article 1 – paragraph 1 – point 5 – point a a (new)
Regulation (EC) No 561/2006
Article 8 – paragraph 6 b (new)
Article 8 – paragraph 6 b (new)
(aa) The following paragraph is inserted: “6b. Drivers engaged in occasional passenger services may derogate from the requirement to take a 24-hour rest in a given week provided they work for a maximum of twelve 24-hour periods, and this bloc of working periods is preceded by, and followed by, a regular weekly rest. If driving during the period from 22:00 to 06:00, the vehicle must be multi-manned or the driving period referred to in Article 7 reduced to three hours.”
Amendment 123 #
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 a compensation for a reduced weekly rest period shall immediately precede or follow a regular weeklybe attached to another rest period of at least 45nine hours.;
Amendment 134 #
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 – point a
Article 8 – paragraph 8 a – point a
(a) either provided or paid for by the employer, ormay be taken in a vehicle, provided that the vehicle has suitable sleeping facilities for each driver and the vehicle is stationary within a suitable rest facility, which has as a minimum adequate sanitary facilities, such as shower and toilets,
Amendment 136 #
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 – point b
Article 8 – paragraph 8 a – point b
(b) at home or at another private location chosen by the driver.;
Amendment 145 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
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 homethe country of establishment of the undertaking, within each period of threefour consecutive weeks.;
Amendment 153 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c a (new)
Article 1 – paragraph 1 – point 5 – point c a (new)
Regulation (EC) No 561/2006
Article 8 – paragraph 8 c (new)
Article 8 – paragraph 8 c (new)
(ca) the following paragraph is inserted: “8c. Member States shall issue an annual report to the Commission on the availability of suitable rest facilities for drivers and secured parking facilities on their national territory, from the date of entry into force of this Regulation. The Commission shall, by means of implementing acts, establish a common standard for Member States reporting.”
Amendment 154 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c b (new)
Article 1 – paragraph 1 – point 5 – point c b (new)
(cb) The following paragraph is added: “9a. By way of derogation from paragraphs 6, 7and 8b, a driver engaged in occasional passenger services shall take an average of 45 hours weekly rest per week, calculated over a reference period of up to 13 weeks. A weekly rest period of at least 24 hours shall be taken each week. When making use of the derogation, within the13-week reference period, driver’s total driving time per any 4-week period must not exceed 160 hours”;
Amendment 155 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EC) No 561/2006
Article 9 – paragraph 1
Article 9 – paragraph 1
9. By way of derogation from Article 8, where a driver accompanies a vehicle which is transported by ferry or train, and takes a regular daily rest period or reduced weekly rest period, that period may be interrupted not more than twice by other activities not exceeding one hour in total. During that regular daily rest or reduced weekly rest period the driver shall have access to a bunk or couchette at their disposal.;
Amendment 161 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EC) No 561/2006
Article 12 – paragraph 2
Article 12 – paragraph 2
Provided that road safety is not thereby jeopardised, the driver may depart from Article 8(2) and the second subparagraph of Article 8(6) to be able to reach a suitable accommodation as referred to in Article 8(8a) to take a daily or weekly rest there. Such a departure shall not result in exceeding daily or weekly driving times or shortening daily or weekly rest periods. However, the daily driving time can be extended by two hours when the driving period is immediately followed by a rest period of not less than 45 consecutive hours. Such extensions to daily driving time should be within the limit of the maximum accumulated driving times. The driver shall indicate the reason for such departure manually on the record sheet of the recording equipment or on a printout from the recording equipment or in the duty roster, at the latest on arrival at the suitable accommodation.
Amendment 178 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
Regulation (EU) No 165/2014
Article 34 – paragraph 7
Article 34 – paragraph 7
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. 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.” As from the date of entry into force of Articles 8, 9 and 10 requiring that tachographs installed for the first time on or after 15 June 2019 must be smart tachographs, providing also the possibility for an automatic registration of border crossings, drivers 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, upon arrival at the first planned stopping place.”;
Amendment 188 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EC) No 561/2006
Article 4 – paragraph 1 – point r
Article 4 – paragraph 1 – point r
(r) 'non-commercial carriage' means any carriage of passengers or goods by road, other than carriage for hire or reward or for own account, for which no direct or indirect remuneration is received and which does not directly or indirectly generate any income.
Amendment 209 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Regulation 561/2006
Article 6 – paragraph 3
Article 6 – paragraph 3
"3. The total accumulated driving time during any twofour consecutive weeks shall not exceed 9180 hours. (http://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX%3A32006R0561)" Or. en
Amendment 216 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation 561/2006
Article 6 – paragraph 5
Article 6 – paragraph 5
Amendment 228 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EC) No 561/2006
Article 7 – paragraph 3
Article 7 – paragraph 3
Amendment 285 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 a (new)
Article 1 – paragraph 1 – point 5 a (new)
Regulation (EC) No 561/2006
Article 8 – paragraph 6 a (new)
Article 8 – paragraph 6 a (new)
Amendment 287 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a a (new)
Article 1 – paragraph 1 – point 5 – point a a (new)
Amendment 306 #
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 a compensation for a reduced weekly rest period shall immediately precede or follow a regular weeklybe attached to another rest period of at least 45nine hours.;
Amendment 332 #
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 be taken in a vehicle. They shall be taken in a suitable accommodation, with adequate sleeping and sanitary facilities;
Amendment 336 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c Regulation (EC) No 561/2006
Article 1 – paragraph 1 – point 5 – point c Regulation (EC) No 561/2006
(a) either provided or paid for by the employer, ormay be taken in a vehicle, provided that the vehicle has suitable sleeping facilities for each driver and the vehicle is stationary within a suitable rest facility, which has as a minimum adequate sanitary facilities, such as shower and toilets,
Amendment 342 #
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 – point b
Article 8 – paragraph 8 a – point b
(b) at home or at another private location chosen by the driver.
Amendment 359 #
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 8b
Article 8 – paragraph 8b
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 homethe country of establishment of the undertaking, within each period of threefour consecutive weeks.;
Amendment 381 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c a (new)
Article 1 – paragraph 1 – point 5 – point c a (new)
Regulation (EC) No 561/2006
Article 8 – paragraph 9 a (new)
Article 8 – paragraph 9 a (new)
Amendment 385 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c b (new)
Article 1 – paragraph 1 – point 5 – point c b (new)
Regulation (EC) No 561/2006
Article 8 – paragraph 9 b (new)
Article 8 – paragraph 9 b (new)
Amendment 388 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c c (new)
Article 1 – paragraph 1 – point 5 – point c c (new)
Regulation (EC) No 561/2006
Article 8 – paragraph 9 a (new)
Article 8 – paragraph 9 a (new)
(c c) In Article 8, new paragraph 9 a is added: 9a. Member States shall issue an annual report to the European Commission on the availability of suitable rest facilities for drivers and secured parking facilities on their national territory, from the date of entry into force of this Regulation. The European Commission shall, by means of implementing acts, establish a common standard for Member States reporting.
Amendment 393 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EC) No 561/2006
Article 9 – paragraph 1
Article 9 – paragraph 1
9. By way of derogation from Article 8, where a driver accompanies a vehicle which is transported by ferry or train, and takes a regular daily rest period or reduced weekly rest period, that period may be interrupted not more than twice by other activities not exceeding one hour in total. During that regular daily rest or reduced weekly rest period the driver shall have access to a bunk or couchette at their disposal.;
Amendment 409 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EC) No 561/2006
Article 12 – paragraph 2
Article 12 – paragraph 2
Provided that road safety is not thereby jeopardised, the driver may depart from Article 8(2) and the second subparagraph of Article 8(6) to be able to reach a suitable accommodation as referred to in Article 8(8a) to take a daily or weekly rest there. Such a departure shall not result in exceeding daily or weekly driving times or shortening daily or weekly rest periods. However, the daily driving time can be extended by two hours when the driving period is immediately followed by a rest period of not less than 45 consecutive hours. Such extensions to daily driving time should be within the limit of the maximum accumulated driving times. The driver shall indicate the reason for such departure manually on the record sheet of the recording equipment or on a printout from the recording equipment or in the duty roster, at the latest on arrival at the suitable accommodation.
Amendment 474 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
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. 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.” As from the date of entry into force of the provisions of Articles 8, 9 and 10 of Regulation (EU) No 165/2014, requiring that tachographs installed for the first time on or after 15 June 2019 must be smart tachographs, providing also the possibility for an automatic registration of border crossings, drivers 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, upon arrival at the first planned stopping place.