32 Amendments of Ismail ERTUG 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 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 113 #
Proposal for a regulation
Recital 8
Recital 8
(8) Drivers areIn order to ensure the objective of this Regulation to improve road safety and to protect drivers and other road users, who often are faced with unforeseen circumstances which make it impossible to reach a desired destination for taking a weekly rest without violating Union rules. I, it is desirable to make it easier for drivers to cope with those circumstances and enable them to reach their destination for a weekly rest without breaching the requirements on maximum driving times.
Amendment 143 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) 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 149 #
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 cover drivers of vehicles for the transport of goods with a permissible mass of more than 2,4 tonnes.
Amendment 159 #
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
(-1) In Article 2, paragraph 1, the point (a) is amended as follows : "(a) of goods where the maximum permissible mass of the vehicle, including any trailer, or semi-trailer, exceeds 3,52,4 tonnes, or (http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32006R0561&rid=1)" Or. en
Amendment 162 #
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 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
-1a Article 2, paragraph 1, point a is amended as follows: "(a) of goods where the maximum permissible mass of the vehicle, including any trailer, or semi-trailer, exceeds 3,52,4 tonnes, or " Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32006R0561&from=EN)
Amendment 181 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 b (new)
Article 1 – paragraph 1 – point 2 b (new)
Regulation (EC) No 561/2006
Article 4 – paragraph 1 – point h
Article 4 – paragraph 1 – point h
(2b) In Article 4, point (h) is amended as follows: "For the purposes of this Regulation the following definitions shall apply: (h) ‘weekly rest period’ means the weekly period during which a driver may freely dispose of his time, has no duties over his employer and covers a ‘regular weekly rest period’ and a ‘reduced weekly rest period’: – ‘regular weekly rest period’ means any period of rest of at least 45 hours, – ‘reduced weekly rest period’ means any period of rest of less than 45 hours, which may, subject to the conditions laid down in Article 8(6), be shortened to a minimum of 24 consecutive hours; " Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32006R0561&from=EN)
Amendment 182 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 b (new)
Article 1 – paragraph 1 – point 1 b (new)
Regulation (EC) No 561/2006
Article 4 – paragraph 1 – point h
Article 4 – paragraph 1 – point h
(1b) Article 4 paragraph (h) is amended as follows "(h) ‘weekly rest period’ means the weekly period during which a driver may freely dispose of his time, and do not have any duty to his employer, and covers a ‘regular weekly rest period’ and a ‘reduced weekly rest period’: – ‘regular weekly rest period’ means any period of rest of at least 45 hours, – ‘reduced weekly rest period’ means any period of rest of less than 45 hours, which may, subject to the conditions laid down in Article 8(6), be shortened to a minimum of 24 consecutive hours; (http://eur-lex.europa.eu/resource.html?uri=cellar:5cf5ebde-d494-40eb-86a7-" Or. en 2131294ccbd9.0005.02/DOC_1&format=PDF)
Amendment 201 #
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 1 and 2
Article 6 – paragraph 1 and 2
(2a) Article 6, paragraph 1 and 2 is replaced as follows: "1. The daily driving time shall not exceed nineeight hours. However, the daily driving time may be extended to at most 10nine hours not more than twice during the week. 2. The weekly driving time shall not exceed 560 hours and shall not result in the maximum weekly working time laid down in Directive 2002/15/EC being exceeded. 3. The total accumulated driving time during any two consecutive weeks shall not exceed 90 hours. 4. Daily and weekly driving times shall include all driving time on the territory of the Community or of a third country. 5. A driver shall record as other work any time spent as described in Article 4(e) as well as any time spent driving a vehicle used for commercial operations not falling within the scope of this Regulation, and shall record any periods of availability, as defined in Article 15(3)(c) of Regulation (EEC) No 3821/85, since his last daily or weekly rest period. This record shall be entered either manually on a record sheet, a printout or by use of manual input facilities on recording equipment. " Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32006R0561&from=EN)
Amendment 243 #
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 245 #
Amendment 304 #
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 as an extension of a regular weekly rest period of at least 245 hours.;
Amendment 325 #
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, the reduced 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 327 #
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 reduced weekly rest periods and 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 346 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c (new)
Article 1 – paragraph 1 – point 5 – point c (new)
Regulation (EC) No 561/2006
Article 8 – paragraph 8 a a (new)
Article 8 – paragraph 8 a a (new)
8a a. A driver may derogate from paragraph 8a of this Article when the reduced weekly rest periods is taken in locations certified as complying with the requirements of Article 8a, provided that the vehicle is stationary and has suitable sleeping facilities for each driver.";
Amendment 347 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c (new)
Article 1 – paragraph 1 – point 5 – point c (new)
Regulation (EC) No 561/2006
Article 8 – paragraph 8 a a (new)
Article 8 – paragraph 8 a a (new)
8a a. A driver may derogate from paragraph 8a of this article when the reduced weekly rest periods is taken in locations certified as complying with the requirements of Article 8a, provided that the vehicle is stationary and has suitable sleeping facilities for each driver.
Amendment 349 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Regulation (EC) No 561/2004
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 three consecutive weeks.; or at another private location chosen by the driver within each period of three consecutive weeks. The driver shall inform the transport undertaking no later than one month before such rest periods will be taken in a place other than the driver’s home. The drivers journey to and from home or another private location chosen by the driver shall be either provided or paid for by the employer. Time spend travelling to and from home or to and from a private location cannot be considered as rest. By default, driver's home is deemed located in the establishment country of the company. Any other individual situation shall be duly justified by way of a written procedure which can be controlled timely by the competent national authorities.
Amendment 351 #
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 three consecutive weeks.;or at another private location chosen by the driver within each period of three consecutive weeks. The driver shall inform the transport undertaking no later than one month before such rest periods will be taken in a place other than the driver’s home. The drivers journey to and from home or another private location chosen by the driver shall be either provided or paid for by the employer. Time spent travelling to and from home or to and from a private location cannot be considered as rest. By default, driver's home is deemed located in the establishment country of the company. Any other individual situation shall be duly justified by way of a written procedure which can be adequately controlled by the competent national authorities.
Amendment 368 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c (new)
Article 1 – paragraph 1 – point 5 – point c (new)
Regulation (EC) No 561/2006
Article 8 paragraph 8ba (new)
Article 8 paragraph 8ba (new)
8b a. The haulier shall provide the return-to-home with the appropriate means of transportation of the driver choice. By default, driver's home is deemed located in the establishment country of the company. Any other individual situation shall be duly justified.
Amendment 369 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c (new)
Article 1 – paragraph 1 – point 5 – point c (new)
Regulation (EC) No 561/2006
Article 8 – paragraph 8 b a (new)
Article 8 – paragraph 8 b a (new)
8b a. The regular weekly rest, eventually supplemented by compensations, shall not be impacted by the travel time from either the location where the vehicle, as referred in Article 3c) of directive 2002/15/EC, is left to the home, or to return to this vehicle.
Amendment 371 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c (new)
Article 1 – paragraph 1 – point 5 – point c (new)
Regulation (EC) No 561/2006
Article 8 – paragraph 8 b c (new)
Article 8 – paragraph 8 b c (new)
8b c. The regular weekly rest, eventually supplemented by compensations, shall not be impacted by the travel time neither from the location where the vehicle, as referred in Article 3.c) of Directive 2002/15/EC, is left to the home, or to return to this vehicle.
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 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 443 #
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 466 #
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 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 479 #
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. TWhere the tachograph is not able to automatically record the location of the vehicle, 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. . After crossing a border, the driver shall stop at the first suitable place of his choice and, at the latest, 30 minutes after crossing the border to enter in the digital tachograph the symbols of the country. 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..
Amendment 480 #
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. TIf the tachograph is not able to record automatically location of the vehicle, 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. After crossing a border, the driver shall stop at the first suitable place of his choice and, at the latest, 30 minutes after crossing the border to enter in the digital tachograph the symbols of the country. 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..