BETA

16 Amendments of Markus FERBER related to 2011/0196(COD)

Council position
–

The European Parliament rejects the Council position at first reading.

2013/11/29
Committee: TRAN

Council position
Article 45

Regulation (EEC) No 561/2006
Article 7

Regulation (EC) No 561/2006 is hereby amended as follows: In Article 2, paragraph 1(a) is replaced by the following: In Article 7, the following paragraph shall be inserted: ‘By way of derogation from the first and second paragraphs, a driver engaged in the carriage of passengers shall, after a driving period of four-and-a- half hours, take a break of not less than 45 minutes. This break can, however, be replaced by a number of breaks of at least 15 minutes.’ Or. de (Reinstates Amendment 127 of the position at first reading, adopted on 3 July 2012)

2013/11/29
Committee: TRAN

Proposal for a regulation
Recital 6

(6) Directive 2006/22/EC of the European Parliament and of the Council of 15 March 2006 on minimum conditions for the implementation of Council Regulations (EEC) No 3820/85 and (EEC) 3821/85 concerning social legislation relating to road transport activities and repealing Council Directive 88/599/EEC requires Member States to carry out a minimum number of checks at the roadside. Remote communication between the recording equipment and control authorities for roadside control purposes facilitates targeted roadside checks, making it possible to reduce the administrative burden created by random checks on transport undertakings, and should accordingly be introduced.deleted

2012/03/29
Committee: TRAN

Proposal for a regulation
Article 1 – point 1

Council Regulation (EEC) No 3821/85
Article 1 – paragraph 1

(1) For the purposes of this Regulation the definitions set out in Article 4 of Regulation (EC) No 561/2006 shall apply. In that regulation, ‘multi-manning’ means the situation where, during each period of driving between any two consecutive daily rest periods, or between a daily rest period and a weekly rest period, there are at least two drivers in the vehicle to do the driving. For the first two hours and the last two hours of multi- manning the presence of another driver or drivers is optional.

2012/03/29
Committee: TRAN

Proposal for a regulation
Article 1 – point 1

Council Regulation (EEC) No 3821/85
Article 2 – paragraph 2 – point j

~~j) ‘daily work period’ means the period comprising the driving time, all other periods of work, the periods of availability, breaks in work and periods of rest not exceeding nine hours.~~deleted

2012/03/29
Committee: TRAN

Proposal for a regulation
Article 1 – point 1

Article 3 b Functions of the tachograph The tachograph shall ensure the following functions: (1) monitoring cards, insertions and withdrawals, (2) speed and distance measurement, (3) time measurement, (4) monitoring driver activities, (5) monitoring driving status, (6) drivers manual entries, (7) entry of places where daily work periods begin and/or end, (8) manual entry of driver activities, (9) entry of specific conditions, (10) company locks management, (11) monitoring control activities, (12) detection of events and/or faults, (13) built-in and self tests, (14) reading from data memory, (15) recording and storing in data memory, (16) reading from tachograph cards, (17) recording and storing in tachograph cards, (18) displaying, (19) printing, (20) warning, (21) data downloading to external media, (22) output data to additional external devices, (23) calibration, (24) time adjustment, (25) possibilities for supplying additional information in accordance with attestation of activities, (26) indication of remaining driving time, (27) indication of rest time taken.

2012/03/29
Committee: TRAN

Proposal for a regulation
Article 1 – point 1

Council Regulation (EEC) No 3821/85
Article 4 – paragraph 1 – subparagraph 2

Location data shall be recorded to allow the identification of the starting and ending place of the daily work period. For that purpose, vehicles put into service for the first time [48 months after the entry into force of this Regulation] ~~shall~~may be fitted with recording equipment connected to a global navigation satellite system (GNSS).

2012/03/29
Committee: TRAN

Proposal for a regulation
Article 1 – point 1

Council Regulation (EEC) No 3821/85
Article 5 – paragraph 1

Remote communication for control (1) In order to facilitate targeted roadside checks by the competent control authorities, the recording equipment installed in vehicles put into service for the first time [48 months after the entry into force of this Regulation] shall be able to communicate while the vehicle is in motion to those authorities. (2) Communication shall be established with the recording equipment only when so requested by the equipment of the control authorities. It shall be secured to ensure data integrity and authentication of the recording and control equipment. (3) The data exchanged during communication shall be limited to the data necessary for the purpose of targeted roadside checks. Data concerning the identity of the driver, driver activities and speed shall not be communicated. (4) The data exchanged shall be used for the sole purpose of controlling compliance with this Regulation and Regulation (EC) No 561/2006. It shall not be transmitted to entities other than control authorities. (5) The data may only be stored by the control authorities for the duration of a roadside check, and shall be deleted at the latest two hours after this has concluded. (6) The owner or holder of the vehicle shall be responsible for informing the driver of the possibility of remote communication. (7) The competent control authority, on the basis of the data exchanged, may decide to carry out a check on the vehicle and the recording equipment. (8) The Commission shall be empowered to adopt delegated acts in accordance with Article 39 concerning the supplementing of Annex IB with the detailed technical specifications necessary to enable remote communication between the recording equipment and the competent control authorities as set out in this Article.Article 5 deleted purposes

2012/03/29
Committee: TRAN

Proposal for a regulation
Article 1 – point 1

Council Regulation (EEC) No 3821/85
Article 19 – paragraph 4

(4) Member States shall take appropriate measures to prevent conflicts of interests between fitters or workshops and road transport undertakings. In particular, if a transport undertaking is also operating as an approved fitter or workshop, it shall not be allowed to install and calibrate recording equipment in its own vehicles.deleted

2012/03/29
Committee: TRAN

Proposal for a regulation
Article 1 – point 1

Council Regulation (EEC) No 3821/85
Article 29 – paragraph 3

(3) A transport undertaking shall not be liable for infringements against this Regulation committed intentionally or with gross negligence by drivers of the undertaking. Without prejudice to the right of Member States to hold transport undertakings fully liable, Member States may consider any evidence that the transport undertaking cannot reasonably be held responsible for the infringement committed.

2012/03/29
Committee: TRAN

Proposal for a regulation
Article 2 – point 1

Regulation (EC) No 561/2006
Article 13 – paragraph 1

In Article 13, paragraph 1, points (d) and (f) the maximum permissible mass of ‘7.5 t’ is replaced by ‘12 t’.

2012/03/29
Committee: TRAN

Proposal for a regulation
Article 2 – paragraph 1 b (new)

Regulation (EC) No 561/2006
Article 8 – paragraph 6

Regulation (EC) No 561/2006 is amended as follows: The following section is added to Article 8, paragraph 6: By way of derogation, the following rule is admissible for the carriage of passengers: Over a 4-week period, a total weekly rest period of 140 hours must be observed, with the minimum weekly rest period being 24 hours per week. Any shortfall in rest periods must be made up within this 4-week period.

2012/03/29
Committee: TRAN

Proposal for a regulation Regulation (EC) No 561/2006
Article 2 – paragraph 1 c (new)

Regulation (EC) No 561/2006 is amended as follows: The following section is added to Article 8, paragraph 6a: By way of derogation, the following rule is admissible for the carriage of passengers: The 12-day rule should also be applied nationally and not just be restricted to one single trip. Prior to and following a trip lasting longer than 6 times 24 hours, one regular 45-hour weekly rest period should be observed. A total weekly rest period of 140 hours must be observed within a 4-week period.

2012/03/29
Committee: TRAN

Proposal for a regulation
Article 2 – paragraph 1 d (new)

Regulation (EC) No 561/2006
Article 8 – paragraph 2

Regulation (EC) No 561/2006 is amended as follows: The following section is added to Article 8, paragraph 2: By way of derogation, the following rule is admissible for the carriage of passengers: The reference period within which a new daily rest period has to be taken can be extended to 27 hours on the following condition: Within a period of 27 hours after the end of a previous daily rest period or weekly rest period a driver must take a new daily rest period. Daily rest periods must in this case last at least 11 consecutive hours. Three times a week, the daily rest period may be divided into up to three segments, whereby the total daily rest period must amount to 14 hours and at least one of the segments must last no less than 9 hours.

2012/03/29
Committee: TRAN

Proposal for a regulation
Article 2 – paragraph 1 e (new)

Regulation (EC) No 561/2006
Article 7 – paragraph 2

Regulation (EC) No 561/2006 is amended as follows: The following section is added to Article 7, paragraph 2: By way of derogation, the following rule is admissible for the carriage of passengers: After a driving period of four and a half hours a driver shall take a break of not less than 45 minutes. This break can, however, be replaced by a number of breaks of at least 15 minutes.

2012/03/29
Committee: TRAN

Proposal for a regulation
Article 2 – paragraph 2

Regulation (EC) No 561/2006
Article 13 – paragraph 1

The distance of ‘50 km’ referred to in points (d), (f) and (p) of Article 13(1) is replaced by ‘10250 km’.

2012/03/29
Committee: TRAN