1. THE CURRENT SITUATION AND FUTURE PERPECTIVES ON EU SOCIAL RULES FOR ROAD TRANSPORT ASTIC Seminar on the Impact of Social Rules for International Road Transport Carriers Alicante, 11 June 2010 © International Road Transport Union (IRU) 2010 0 M. Georges Causse President of the IRU Commission on Social Affairs

2. OverviewOverview 1.The IRU and the Commission on Social Affairs 2.A Sustainable Social Rules Framework 3.Pillars of the EU Regulatory Framework, Driving and Rest Time Rules RegulationDriving and Rest Time Rules Regulation The Tachograph Regulation and EnforcementThe Tachograph Regulation and Enforcement The Working Time DirectiveThe Working Time Directive Driver TrainingDriver Training 4.Conclusions on the way forward 1.The IRU and the Commission on Social Affairs 2.A Sustainable Social Rules Framework 3.Pillars of the EU Regulatory Framework, Driving and Rest Time Rules RegulationDriving and Rest Time Rules Regulation The Tachograph Regulation and EnforcementThe Tachograph Regulation and Enforcement The Working Time DirectiveThe Working Time Directive Driver TrainingDriver Training 4.Conclusions on the way forward © International Road Transport Union (IRU) 2010 1 Current issues and the future

3. © International Road Transport Union (IRU) 2010 Page 2 Evolution of IRU Membership Created 1948 8 Founder States: Created 1948 8 Founder States: BelgiumDenmarkFranceNetherlands NorwaySwedenUKSwitzerland 2010 180 Members 74 Countries

4. © International Road Transport Union (IRU) 2010 Evolution of IRU Structure 1948 IRU founded in Geneva 1973 IRU Permanent Delegation to the EU established in Brussels 1998 IRU Permanent Delegation to the CIS established in Moscow 2005 IRU Permanent Delegation to the Middle East established in Istanbul

5. Social Affairs within the IRU © International Road Transport Union (IRU) 2010 4  Social Affairs  Economic Affairs  Customs Affairs  Legal Affairs  Technical Affairs  Road Safety  Services to Transport Operators  Social Affairs  Economic Affairs  Customs Affairs  Legal Affairs  Technical Affairs  Road Safety  Services to Transport Operators One of IRU’s Largest Technical Commissions One of IRU’s Largest Technical Commissions Meets twice per year Meets twice per year Gathers on average 30 - 40 social affairs experts from the EU and beyond Gathers on average 30 - 40 social affairs experts from the EU and beyond Provides the IRU with technical expertise and policy guidance on social affairs Provides the IRU with technical expertise and policy guidance on social affairs IRU Technical Commissions

6. © International Road Transport Union (IRU) 2010 5 The IRU, ETF and Social Dialogue  IRU and the European Transport Workers Federations (ETF) are official EU Social Partners for Road Transport  European Sectoral Social Dialogue since 1965!  IRU and ETF meet six times a year  Work programme, tackling driving and rest time rules, the digital tachograph, driver training and rest facilities  IRU and the European Transport Workers Federations (ETF) are official EU Social Partners for Road Transport  European Sectoral Social Dialogue since 1965!  IRU and ETF meet six times a year  Work programme, tackling driving and rest time rules, the digital tachograph, driver training and rest facilities DO WE NEED TO WORK WITH ETF? DO WE NEED TO WORK WITH ETF? CAN WE WORK IN PARTNERSHIP? CAN WE WORK IN PARTNERSHIP? DO WE HAVE A COMMON GOAL? DO WE HAVE A COMMON GOAL? ?

7. © International Road Transport Union (IRU) 2010 6 The Sustainable Workforce The Sustainable Workforce Companies must be able to deploy their vital human resources as efficiently and as flexibly as the market demands. Road transport must remain an attractive career choice, maximising skills. A systematic framework of social rules is needed to establish minimum working conditions. ALL THREE PRINCIPLES ARE ESSENTIAL Companies must be able to deploy their vital human resources as efficiently and as flexibly as the market demands. Road transport must remain an attractive career choice, maximising skills. A systematic framework of social rules is needed to establish minimum working conditions. ALL THREE PRINCIPLES ARE ESSENTIAL

8. © International Road Transport Union (IRU) 2010 Page 7 Pillars of The EU Social Rules Framework Pillars of The EU Social Rules Framework  Driving and Rest Time Rules – in force from 11 April 2007 - Establishes new basic rules for driving and rest time  Digital Tachograph – compulsory from 11 May 2006 - Introduces new equipment in all vehicles for recording driving rest times rules  Social Rules Enforcement – in force from 1 May 2006 - Minimum new controls on driving and rest times  Working Time Directive – in force from 23 March 2005 - Sets new limits for maximum total working time  Driver Training Directive – in force from 10 September 2008/9 - Introduces compulsory CPC qualification and periodic training  Driving and Rest Time Rules – in force from 11 April 2007 - Establishes new basic rules for driving and rest time  Digital Tachograph – compulsory from 11 May 2006 - Introduces new equipment in all vehicles for recording driving rest times rules  Social Rules Enforcement – in force from 1 May 2006 - Minimum new controls on driving and rest times  Working Time Directive – in force from 23 March 2005 - Sets new limits for maximum total working time  Driver Training Directive – in force from 10 September 2008/9 - Introduces compulsory CPC qualification and periodic training

9. © International Road Transport Union (IRU) 2010 8 EU Social Rules  Driving and Rest Time Rules Regulation 561/2006/EC Sets maximum driving hours and minimum rest for drivers of vehicles over 3.5 Sets maximum driving hours and minimum rest for drivers of vehicles over 3.5 Vital to improve road safety and working conditions Vital to improve road safety and working conditions Vital for fair competition between drivers of different EU countries. Vital for fair competition between drivers of different EU countries.  Driving and Rest Time Rules Regulation 561/2006/EC Sets maximum driving hours and minimum rest for drivers of vehicles over 3.5 Sets maximum driving hours and minimum rest for drivers of vehicles over 3.5 Vital to improve road safety and working conditions Vital to improve road safety and working conditions Vital for fair competition between drivers of different EU countries. Vital for fair competition between drivers of different EU countries.

10. EU Social Rules  Problems with Driving and Rest Times Less flexibility for drivers and companies to accommodate their own needs and work life balanceLess flexibility for drivers and companies to accommodate their own needs and work life balance Lack of parking facilitiesLack of parking facilities Lack of harmonised enforcementLack of harmonised enforcement  Need to better understand problems of Regulation 561.  But today, no political consensus within IRU on desirability of change.  Problems with Driving and Rest Times Less flexibility for drivers and companies to accommodate their own needs and work life balanceLess flexibility for drivers and companies to accommodate their own needs and work life balance Lack of parking facilitiesLack of parking facilities Lack of harmonised enforcementLack of harmonised enforcement  Need to better understand problems of Regulation 561.  But today, no political consensus within IRU on desirability of change. © International Road Transport Union (IRU) 2010 9

11. 10 EU Social Rules  Tachograph Regulation 3821/85/EC -Tachographs are vital for ensuring compliance with driving and rest time rules. - Since 2006 the digital tachograph plus personalised driver card has replaced the analogue device with its paper charts. - The digital tachograph is in theory harder manipulate to create false records.

12. EU Social Rules  EC Review of the Digital Tachograph Regulation needs to: Make the digital tachographs a user friendly aid to drivers and companies not just a policing tool! Improve the security of the device and stop manipulations Improve the security of the device and stop manipulations Allow integration with other on board IT applications Reduce administrative burden on operators such as letters of attestation  EC Review of the Digital Tachograph Regulation needs to: Make the digital tachographs a user friendly aid to drivers and companies not just a policing tool! Improve the security of the device and stop manipulations Improve the security of the device and stop manipulations Allow integration with other on board IT applications Reduce administrative burden on operators such as letters of attestation © International Road Transport Union (IRU) 2010 11

13. © International Road Transport Union (IRU) 2010 12 Enforcing EU Social Rules  EU Enforcement Directive 2006/22/EC Sets the minimum requirements for enforcing driving and rest time rulesSets the minimum requirements for enforcing driving and rest time rules Promotes a common approach to rule interpretations, enforcement and categorization of infringementsPromotes a common approach to rule interpretations, enforcement and categorization of infringements Established a EU Committee and requirements for co- operation between Member StatesEstablished a EU Committee and requirements for co- operation between Member States The IRU is an active observer to this CommitteeThe IRU is an active observer to this Committee  EU Enforcement Directive 2006/22/EC Sets the minimum requirements for enforcing driving and rest time rulesSets the minimum requirements for enforcing driving and rest time rules Promotes a common approach to rule interpretations, enforcement and categorization of infringementsPromotes a common approach to rule interpretations, enforcement and categorization of infringements Established a EU Committee and requirements for co- operation between Member StatesEstablished a EU Committee and requirements for co- operation between Member States The IRU is an active observer to this CommitteeThe IRU is an active observer to this Committee

14. © International Road Transport Union (IRU) 2010 13 Enforcing EU Social Rules  Current and future Enforcement: Today: unharmonised enforcement with country or regional requirements and varying interpretationsToday: unharmonised enforcement with country or regional requirements and varying interpretations - IRU wants: harmonised EU enforcement, to complement the harmonised regulatory framework. Today: massively diverging finesToday: massively diverging fines - IRU wants alignment according to consistent and proportionate EU guidelines Today: variable quality of enforcementToday: variable quality of enforcement - IRU would support EU level training and equipment obligations to ensure efficient and accurate controls obligations to ensure efficient and accurate controls  Current and future Enforcement: Today: unharmonised enforcement with country or regional requirements and varying interpretationsToday: unharmonised enforcement with country or regional requirements and varying interpretations - IRU wants: harmonised EU enforcement, to complement the harmonised regulatory framework. Today: massively diverging finesToday: massively diverging fines - IRU wants alignment according to consistent and proportionate EU guidelines Today: variable quality of enforcementToday: variable quality of enforcement - IRU would support EU level training and equipment obligations to ensure efficient and accurate controls obligations to ensure efficient and accurate controls

15. © International Road Transport Union (IRU) 2010 14 EU Social Rules  Working Time Directive 2002/15/E.Average 48 hour working week over a four month reference period. Maximum of 60 hours in one week. 10 hours night work limit in each 24 hour period Obligatory break after 6 hours work. Working Time rules play a vital role within a properly enforced social rules framework Working Time rules play a vital role within a properly enforced social rules framework But today in most countries working time enforcement is minimal But today in most countries working time enforcement is minimal  Working Time Directive 2002/15/E.Average 48 hour working week over a four month reference period. Maximum of 60 hours in one week. 10 hours night work limit in each 24 hour period Obligatory break after 6 hours work. Working Time rules play a vital role within a properly enforced social rules framework Working Time rules play a vital role within a properly enforced social rules framework But today in most countries working time enforcement is minimal But today in most countries working time enforcement is minimal

16. EU Social Rules  Revision of the Working Time Directive The IRU majority view is: That Working Time rules should not be applied to genuine entrepreneurs at EU level.That Working Time rules should not be applied to genuine entrepreneurs at EU level. The application of Working Time rules should be determined at national level in consultation with industry.The application of Working Time rules should be determined at national level in consultation with industry. That Working Time is not needed for road safety in view of Regulation 561. the Digital Tachograph and other legal actsThat Working Time is not needed for road safety in view of Regulation 561. the Digital Tachograph and other legal acts That fake self employed drivers must be removed from the sector or made to face up to all their legal obligationsThat fake self employed drivers must be removed from the sector or made to face up to all their legal obligations  Revision of the Working Time Directive The IRU majority view is: That Working Time rules should not be applied to genuine entrepreneurs at EU level.That Working Time rules should not be applied to genuine entrepreneurs at EU level. The application of Working Time rules should be determined at national level in consultation with industry.The application of Working Time rules should be determined at national level in consultation with industry. That Working Time is not needed for road safety in view of Regulation 561. the Digital Tachograph and other legal actsThat Working Time is not needed for road safety in view of Regulation 561. the Digital Tachograph and other legal acts That fake self employed drivers must be removed from the sector or made to face up to all their legal obligationsThat fake self employed drivers must be removed from the sector or made to face up to all their legal obligations © International Road Transport Union (IRU) 2010 15

17. © International Road Transport Union (IRU) 2010 16 Driver Training Directive  Directive 2003/59/EC’s main goals are: Improve road safety and ensure that all drivers are sufficiently skilled to fulfil job demands Harmonise Community rules to avoid unfair competition  Certificate of Professional Competence (CPC) New commercial drivers must obtain (in addition to the required licence) an EU CPC issued by Member statesNew commercial drivers must obtain (in addition to the required licence) an EU CPC issued by Member states All drivers must undergo 35 hours of periodic training every 5 years to retain the CPCAll drivers must undergo 35 hours of periodic training every 5 years to retain the CPC  Directive 2003/59/EC’s main goals are: Improve road safety and ensure that all drivers are sufficiently skilled to fulfil job demands Harmonise Community rules to avoid unfair competition  Certificate of Professional Competence (CPC) New commercial drivers must obtain (in addition to the required licence) an EU CPC issued by Member statesNew commercial drivers must obtain (in addition to the required licence) an EU CPC issued by Member states All drivers must undergo 35 hours of periodic training every 5 years to retain the CPCAll drivers must undergo 35 hours of periodic training every 5 years to retain the CPC The Directive has the potential to be either a blessing or a burden for road transport!

18. Driver Training Directive  IRU Concerns Cross border recognition of certificates and training Correct enforcement of deadlines for periodic training Comparable quality in training (IRU Academy) Capacity of training centres, costs and potential obstacles to new entrants  IRU Concerns Cross border recognition of certificates and training Correct enforcement of deadlines for periodic training Comparable quality in training (IRU Academy) Capacity of training centres, costs and potential obstacles to new entrants © International Road Transport Union (IRU) 2010 17

19. Conclusions on the Way Forward  Need to achieve a better balance in the social rules framework between operational needs, road safety and driver working conditions.  Working with the trade unions to achieve our goals is often essential.  Need to be cautious in a hostile political environment towards road transport.  The IRU needs to continue listening to you for the answers!  Need to achieve a better balance in the social rules framework between operational needs, road safety and driver working conditions.  Working with the trade unions to achieve our goals is often essential.  Need to be cautious in a hostile political environment towards road transport.  The IRU needs to continue listening to you for the answers! © International Road Transport Union (IRU) 2010 18

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