41 Amendments of Nicola CAPUTO related to 2017/0122(COD)
Amendment 44 #
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 and ensure a wide-level playing field across Europe. 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 47 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) It is in the interests of road safety and enforcement that all drivers should be fully aware of both the rules on driving and rest times and the availability of rest facilities. Therefore, it is appropriate for Member States to work to produce guidance that: presents this Regulation in a clear and simple manner, gives useful information on parking and rest facilities and underlines the importance combating fatigue.
Amendment 61 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) It is desirable, in the interests of road safety, to encourage transport undertakings to adopt a safety culture which includes: safety policies and procedures issued by senior management, the commitment to implementing safety policy shown by line management and the willingness to comply with safety rules shown by the workforce. There should be a clear focus on road transport safety issues, including fatigue, liability, journey planning, rostering, performance-based pay and ‘just in time’ management.
Amendment 75 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) It is therefore essential that creation and maintenance costs of the of Dedicated Parking areas services, of various types, which allow drivers to rest in their vehicle on tolls roads, do not increase the drivers’ road toll scheme.
Amendment 76 #
Proposal for a regulation
Recital 5 b (new)
Recital 5 b (new)
(5b) Transport of goods and carriage of passengers are two substantially different types of transport, having different prerogatives. Drivers of coaches and buses should benefit from more flexibility in taking breaks, on the understanding that this flexibility will not affect driving and resting times.
Amendment 84 #
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 desirableIn order to secure decent working conditions it is necessary to adapt the provision on the regular weekly rest in such a way that it isorder to make it easier for drivers to carry out transport operations in compliance with the rules and to reach their home for a regular weekly rest, and bewhilst being 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 long and to ensure that drivers have both the opportunity and the means to return home on a regular basis.
Amendment 97 #
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 by the employer for their regular weekly rest periods if they are taken away from home.
Amendment 115 #
Proposal for a regulation
Recital 8
Recital 8
(8) Drivers are often faced with unforeseen circumstances which make it impossible to reach a desired destination for taking a weekly rest without violating Union rules. It is desirable to make it easier for drivers to cope with those circumstances and enable them to reach their destinationregistered residence or another location chosen by the driver for a weekly rest without breaching the requirements on maximum driving times.
Amendment 125 #
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) It is desirable and in the interests of clear and effective enforcement that transport undertakings are fully aware of their responsibilities regarding liability under Article 10 of Regulation (EC) No. 561/2006. Member States should clearly outline and issue guidance to those involved in the industry explaining the chain of responsibility for breaches of the rules on driving time, breaks and rest time, in particular concerning the role of consignors, freight forwarders, tour operators, principal contractors, subcontractors and driver employment agencies under Article 10(4).
Amendment 141 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) The need for a level playing field among companies in international road transport makes it necessary to shorten the transitional period for the installation of the smart tachograph in registered vehicles. The smart tachograph will contribute to simplified controls and thus facilitate the work of national authorities.
Amendment 148 #
Proposal for a regulation
Recital 11 b (new)
Recital 11 b (new)
(11b) 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 150 #
Proposal for a regulation
Recital 11 c (new)
Recital 11 c (new)
(11c) Nowadays the transport sector is facing a severe drivers’ shortage, also due to the lack of interest shown by younger generations towards the driver’s profession. The European Union and its Member States should promote professional courses for young graduates in collaboration with schools and transport companies to bring young people closer to this sector.
Amendment 152 #
Proposal for a regulation
Recital 11 d (new)
Recital 11 d (new)
(11d) Technology is progressing rapidly with increasing levels of sophistication of autonomous driving systems and consequently new operational opportunities such as truck platooning and the legislation should promote these developments. Knowledge gained from future tests and trials will be essential to further clarify how legislation should be adapted to allow innovative changes. In the meantime the legislative framework should not act as a barrier to the EU pioneering new innovative technologies and practices, whereas the intention of this legislation to guarantee road safety, a level-playing field and proper working conditions must be upheld.
Amendment 154 #
Proposal for a regulation
Recital 11 e (new)
Recital 11 e (new)
(11e) In order to improve the market for the carriage by road of passengers, it is necessary to adopt measures to ban entry charge for the circulation and stop of tourist coaches in the European cities. A Member State should provide equivalent measures for the carriage by road of passengers undertaken wholly within its territory.
Amendment 156 #
Proposal for a regulation
Recital 11 f (new)
Recital 11 f (new)
(11f) The remote communication function of the digital tachograph operates on the 5.8 GHz frequency band that is not adequately protected against radio interference. The digital tachograph should be recognised as a short-range device. Steps should be taken to further improve the protection of the remote communication function of the digital tachograph.
Amendment 163 #
Proposal for a regulation
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
Regulation (EC) No 561/2006
Article 3 – paragraph 1 – point a a
Article 3 – paragraph 1 – point a a
-1 In Article 3, point a a is replaced as follows: "(aa) vehicles or combinations of vehicles with a maximum permissible mass not exceeding 7,526 tonnes used for carrying materials, equipment or machinery for the driver’s use in the course of his work, and which are used only within a 100 km radius from the base of the undertaking and on the condition that driving the vehicle does not constitute the driver’s main activity; " Or. en ((http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32014R0165))
Amendment 171 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 d (new)
Article 1 – paragraph 1 – point 2 d (new)
Regulation (EC) 561/2006
Article 3 point a a b (new)
Article 3 point a a b (new)
(2d) In Article 3, point aab is added: (aab) vehicles or combinations of vehicles with a maximum permissible mass not exceeding 44 tonnes used for carrying materials, equipment or machinery for the driver’s use in the course of his work, and which are used only within a 50 km radius from the base of the undertaking and on the condition that driving the vehicle does not constitute the driver’s main activity;
Amendment 175 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EC) No 561/2006
Article 3 – paragraph 1 – point h
Article 3 – paragraph 1 – point h
(h) vehicles or combinations of vehicles used for the non-commercial carriage of goodswith a maximum permissible mass not exceeding 3,5 tonnes used for the non-commercial carriage of goods within a radius of 100 kilometres from the base of the undertaking;
Amendment 180 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 a (new)
Article 1 – paragraph 1 – point 1 a (new)
Regulation (EC) No 561/2006
Article 4 – paragraph 1 – point g
Article 4 – paragraph 1 – point g
(1a) In Article 4, point g is replaced as follows: "(g) ‘daily rest period’ means the daily period during which a driver may freely dispose of his time and covers a ‘regular daily rest period’ and a ‘reduced daily rest period’:— – ‘regular daily rest period’ means any period of rest of at least 11 hours. Alternatively, this regular daily rest period may be taken in two periods, the first of which must be an uninterrupted period of at least 3 hours and the second an uninterrupted period of at least nine hours,–‘reduced. Alternatively, only for the carriage by road of passengers, this regular daily rest period’ means any period of rest of at least nine hours but less than 11 hours; (http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32006R0561&rid=1)ay be taken in three periods: the first one must be an uninterrupted period of a least 1 hour, the second an uninterrupted period of at least 2 hours and the third an uninterrupted period of at least 9 hours. As an alternative, the first must be an uninterrupted period of a least 2hours, the second an uninterrupted period of at least 1 hour and the third an uninterrupted period of at least 9 hours. – ‘reduced daily rest period’ means any period of rest of at least nine hours but less than 11 hours;" Or. en
Amendment 222 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Regulation (EC) No 561/2004
Article 7
Article 7
(3a) In Article 7, the following part is modified: "After a driving period of four and a half hours a driver shall take an uninterrupted break of not less than 45 minutes, unless he takes a rest period. This break may be replaced by a break of at least 15 minutes followed by a break of at least 30 minutes each distributed over the period in such a way as to comply with the provisions of the first paragraph. Alternatively, this break may be replaced by a break at least 30 minutes followed by a break of at least 15 minutes each distributed over the period in such a way as to comply with the provisions of the first paragraph. Alternatively, this break may be replaced by a break at least 15 minutes followed by two breaks of at least 15 minutes each distributed over the period in such a way as to comply with the provisions of the first paragraph." Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32006R0561&from=EN)
Amendment 234 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4 a (new)
Article 1 – paragraph 1 – point 4 a (new)
Regulation (EC) 561/2006
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
(4a) In Article 7, the following new paragraph is added: (3a) "With application restricted only to the carriage of passengers, the driver may choose to take a break of at least 30 minutes followed by a break of at least 15 minutes or as an alternative the driver may choose to take three breaks of 15 minutes each distributed over the period in such a way as to comply with the provisions of the first paragraph."
Amendment 238 #
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 561/2004
Article 8 – paragraph 4
Article 8 – paragraph 4
-a In article 8, paragraph 4 is replaced by the following: "4. A driver may have at most three reduced daily rest periods between any two weekly rest periods. With application restricted only to the carriage of passengers, the driver may have maximum four reduced daily rest periods between two weekly rest periods." Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32006R0561&from=EN)
Amendment 248 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Regulation (EC) 561/2006
Article 8 – paragraph 6 – introductory part
Article 8 – paragraph 6 – introductory part
In any fourtwo consecutive weeks a driver shall take at least:
Amendment 252 #
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 – point a
Article 8– paragraph 6 – point a
(a) fourtwo regular weekly rest periods, or
Amendment 260 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Regulation (EC) 561/2006
Article 8 – paragraph 6 – point b
Article 8 – paragraph 6 – point b
(b) twoone regular weekly rest periods of at least 45 hours and twoone reduced weekly rest periods of at least 24 hours. .
Amendment 308 #
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 follow a regular weeklybe attached to another rest period of at least 45nine hours.;
Amendment 357 #
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 hometheir registered residence or at another location chosen by the driver within each period of three consecutive weeks.;
Amendment 372 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c a (new)
Article 1 – paragraph 1 – point 5 – point c a (new)
(c a) 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 [31 December 2019], present an overall report to the European Parliament and the Council on the availability of suitable rest facilities for drivers and secured parking facilities on the TEN-T network. This report shall be updated every two years on the basis of information gathered by the European Commission and contain a list of proposed measures to increase the number and quality of suitable rest facilities for drivers and secured parking facilities. On the basis of these reports, the European Commission shall reassess whether it is necessary to propose additional measures.
Amendment 398 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6 a (new)
Article 1 – paragraph 1 – point 6 a (new)
Regulation (EC) No 561/2006
Article 10 – paragraph 1
Article 10 – paragraph 1
(6 a) Article 10, paragraph 1 is amended as follows: "Article 10 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 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. that endangers road safety and/or encourages infringement of this Regulation, including but not limited to time such as fast delivery, distances travelled and/or the amount of goods carried;" Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32006R0561&from=EN)
Amendment 417 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7 a (new)
Article 1 – paragraph 1 – point 7 a (new)
Regulation (EC) 561/2006
Article 13 – paragraph 1 – point p a (new)
Article 13 – paragraph 1 – point p a (new)
(7 a) In Article 13, paragraph 1 the following point q (new) is added: "(pa) vehicles used for carrying ready- mixed concrete to construction sites;"
Amendment 419 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7 b (new)
Article 1 – paragraph 1 – point 7 b (new)
Regulation (EC) No 561/2006
Article 13 – paragraph 1 – point p a (new)
Article 13 – paragraph 1 – point p a (new)
(7 b) In Article 13 paragraph 1, the point p a (new) is added: (pa) vehicle used for the delivery of off- grid heating fuels operating within a radius of 100km.
Amendment 425 #
Proposal for a regulation
Article 1 – paragraph 1 – point 8 (new)
Article 1 – paragraph 1 – point 8 (new)
Regulation (EC) No 561/2004
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2 a. (8a) In Article 14, the following new paragraph shall be added: "This information shall be published on the European Commission website and stakeholder representatives in the EC Committee on Road Transport shall be duly notified."
Amendment 430 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10 (new)
Article 1 – paragraph 1 – point 10 (new)
Regulation (EC) No 561/2006
Article 19 – paragraph 1 a (new)
Article 19 – paragraph 1 a (new)
1 a. The European Commission shall create and maintain a dedicated public web page on its website, containing detailed information on such penalties applicable in EU Member States.
Amendment 435 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12 a (new)
Article 1 – paragraph 1 – point 12 a (new)
Regulation (EC) 561/2006
Annex (new)
Annex (new)
(12 a) The following Annex is added: ANNEX "Minimum requirements for the parking areas Part A: Service facilities (1) Toilets with water taps in, clean and working condition: - 75 places at least two toilets; - 125 places at least four toilets; - over 125 places at least six toilets. (2) Showers clean and in working condition: - 75 places at least two shower blocks; - 125 places at least four shower blocks; - over 125 places at least six shower blocks. (3) Adequate access to drinking water; (4) Suitable cooking facilities; (5) Waste bins available in adequate amount and capacity; (6) Picnic tables with benches or alternatives available in reasonable amount; (7) Dedicated Wi-Fi service; (8) Cashless reservation, payment and invoice system; (9) Indication system of slot availability both at the location and online; (10) Dedicated areas for ice-trucks. Part B: Security features (1) A continuous separation of the parking area and its surroundings, such as fences or alternative barriers; (2) Lighted driving and pedestrian lanes at all times; (3) Pedestrian safety in the dedicated parking areas; (4) Parking area surveillance through appropriate and proportionate security checks; (5) Clearly indicated phone number(s) of emergency services.";
Amendment 449 #
Proposal for a regulation
Article 2 – paragraph 1 – point -1 a (new)
Article 2 – paragraph 1 – point -1 a (new)
Regulation (EU) No 165/2014
Article 3 – paragraph 4
Article 3 – paragraph 4
Amendment 451 #
Proposal for a regulation
Article 2 – paragraph 1 – point -1 b (new)
Article 2 – paragraph 1 – point -1 b (new)
Regulation (EU) No 165/2014
Article 3 – paragraph 4
Article 3 – paragraph 4
Amendment 454 #
Proposal for a regulation
Article 2 – paragraph 1 – point -1 (new)
Article 2 – paragraph 1 – point -1 (new)
Regulation (EU) No 165/2014
Article 4 – paragraph 2 – indent 6 a (new)
Article 4 – paragraph 2 – indent 6 a (new)
(-1) In Article 4, paragraph 2, the following indent is added: - operate free of radio interference.
Amendment 455 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
Regulation (EU) No 165/2014
Article 8 – paragraph 1 – indent 2
Article 8 – paragraph 1 – indent 2
Amendment 463 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 c (new)
Article 2 – paragraph 1 – point 1 c (new)
Regulation (EU) No 165/2014
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 472 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 b (new)
Article 2 – paragraph 1 – point 2 b (new)
Regulation (EU) No 165/2014
Article 34 – paragraph 6 – point b
Article 34 – paragraph 6 – point b
(2 b) the date and place where use of the record sheet begins andIn Article 34, paragraph 6, point b is replaced as follows: "(b) at the beginning, at the end of the use of the record sheet and every time the vehicle crosses a border of a Member State: the dattime and place where such use ends; " Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32014R0165&qid=1519650301771&from=EN)
Amendment 473 #
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 – 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. 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..deleted