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© International Road Transport Union (IRU) 2005 Page 1 New Driving & Rest Time Rules (Revision of Regulation 3820 / 85) 2 nd Reading: European Parliament Plenary, 11-15 April 2005 New Driving & Rest Time Rules (Revision of Regulation 3820 / 85) 2 nd Reading: European Parliament Plenary, 11-15 April 2005 IRU Permanent Delegation to the EU, Brussels, 04 April 2005 Press Briefing
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© International Road Transport Union (IRU) 2005 Page 2 Topics for Today Driving & Rest Times Today: how does the EU compare? Vehicles under 3.5 tonnes (Art. 2) Split Daily Rest (Art. 4 G 1) Weekly Rest (Art. 4 H 2) Multi-Manning Rules (Art. 4 H) Max. Weekly Rest Time (Art. 6 Para. 2) Breaks (Art. 7) ≤12 days for Coach Drivers (Art. 8 Para. 2) Daily Rest, x2 Crew (Art. 8 Para. 5) Tachograph Sheets (Art. 26 Para. 4) Digital Tachograph Start (Art. 27 Para. 1) Digital Tachograph Retrofit (Art. 27 Para. 1) Driving & Rest Times Today: how does the EU compare? Vehicles under 3.5 tonnes (Art. 2) Split Daily Rest (Art. 4 G 1) Weekly Rest (Art. 4 H 2) Multi-Manning Rules (Art. 4 H) Max. Weekly Rest Time (Art. 6 Para. 2) Breaks (Art. 7) ≤12 days for Coach Drivers (Art. 8 Para. 2) Daily Rest, x2 Crew (Art. 8 Para. 5) Tachograph Sheets (Art. 26 Para. 4) Digital Tachograph Start (Art. 27 Para. 1) Digital Tachograph Retrofit (Art. 27 Para. 1)
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© International Road Transport Union (IRU) 2005 Page 3 Driving & Rest Times Today: how does the EU compare? EU*USAJapan Max. Daily Driving Time 9 hrs 11 hrs 9 hrs (average / 2 days) Max. Driving w/out Break 4.5 hrs (45 mins break) No limit 4 hrs (30 mins break) Daily rest 11 hrs 10 hrs 8 hrs Monitoring Tachograph obligatory trucks > 3.5 tonnes busses > 9 seats Paper log books (Tachograph voluntary) Tachograph obligatory trucks > 8 tonnes busses >100 km from place of registration * “old” 3820 / 85 currently in force
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© International Road Transport Union (IRU) 2005 Page 4 Vehicles under 3.5 tonnes (Art. 2) EP Amendment CA 1 - IRU against EP Amendment CA 1 would include goods vehicles UNDER 3.5 t : - Digital (tachograph) driver cards for (so many) car licence holders? - Vehicles < 3.5 t not designed for tachograph - Massive increase in enforcers workload > RESOURCES? - For hire & reward and own account operators treated equally? Council Position covers only goods vehicles OVER 3.5 t Gross Vehicle Weight BUT…
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© International Road Transport Union (IRU) 2005 Page 5 Split Daily Rest (Art. 4 G 1) + ≥ 12 hrs + + ≥ 1 hr ≥ 8 hrs Split Daily Rest ≥ 1 hr ≥ 11 hrs Regular Daily Rest EP Amendment 62 – needs to be modified Council Position would keep Regular Daily Rest at 11 hours. EP draft position would extend it from 11 to 12 hours. EP Amendment 62 would fix Regular Daily Rest at 12 hours, but would allow it be split. - IRU wants undivided Regular Daily Rest of 11 hours. - IRU wants ALSO possibility of Split Daily Rest, totalling 12 hours.
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© International Road Transport Union (IRU) 2005 Page 6 Weekly Rest (Art. 4 H 2) EP Amendment 19 – IRU for ++ + WedTueMon + Thu + Fri + Sat?Sun? The length of a normal working week depends on where you work… Council Position would impose full weekly rest (45 hrs) every 2 nd week. Removes ability to work 6-day week on regular basis. EP Amendment 19 would keep old 3820’s flexible arrangements: -45 hrs/week average over 4 weeks. -Weekly minima: 36 hrs at home, 24 hrs away from home. -Drivers can take longer rests at home. -Better for operators serving industries that work 6 & 7 day weeks.
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© International Road Transport Union (IRU) 2005 Page 7 Multi-Manning Rules (Art. 4 H) Driver 1 Driver 2 START STOP 1 hr solo OK here So why not here ? EP Amendment 65 – IRU for Council Position allows solo period only at beginning of journey. EP Amendment 65 would allow solo period at end of journey too… - Eliminates illogical inconsistency.
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© International Road Transport Union (IRU) 2005 Page 8 Max. Weekly Driving Time (Art. 6 Para. 2) EP Amendments 68-73 – IRU for Where would you prefer to take your weekly rest? Council Position would impose a maximum of 56 hrs driving / week. EP Amendments 68-73 would remove this unnecessary extra limit. - More long-distance drivers will be obliged to take weekly rest away from home (in uncomfortable, even unsafe rest areas).
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© International Road Transport Union (IRU) 2005 Page 9 Breaks (Art. 7) EP Amendments 76-78 – IRU for Council Position would impose 5 mins break for each block of 30 minutes driven, to be taken in blocks of at least 15 minutes. EP Amendments 76-78, with oral amendments, would maintain old 3820 rules, which require 45 mins break after 4.5 hrs driving, with possibility to split. - Industry totally adapted to 4.5 hrs / 45 minutes. - Council Position is unnecessarily detailed and unenforceable. 4.5 hrs Driving 45 mins Rest
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© International Road Transport Union (IRU) 2005 Page 10 ≤12 days for Coach Drivers (Art. 8 Para. 2) EP Amendment CA 2 – IRU for, but with 69 hrs rest after You want to see all this in how many days? Council Position would remove old 3820 derogation which allows touring coach drivers to work up to 12 days consecutively. EP Amendment CA 2 would restore this derogation, but requires 114 hrs rest afterwards, which is too long.
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© International Road Transport Union (IRU) 2005 Page 11 Daily Rest, x2 Crew (Art. 8 Para. 5) EP Amendment 83 – IRU for Council Position would increase long rest from 8 hrs to 9 hrs. EP Amendment 83 would keep the long rest at 8 hours. - Allows for inactive driver recuperating while not driving (legally, you cannot “rest” in a moving vehicle). Driver 1 Break Driver 2 Break Driver 1 Break Driver 2 Long rest 4.5 hrs + (A) + 4.5 hrs + (B) + 4.5 hrs + (C) + 4.5 hrs 22 hrs 8 hrs 30 hrs Driver 2 Driver 1 Driver 2 Driver 1
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© International Road Transport Union (IRU) 2005 Page 12 Tachograph Sheets (Art. 26 Para. 4) EP Amendment 109 – IRU against Old 3820 says Enforcers can check tachograph discs for current week & last driving day of previous week (8 days) Council Position: current week & preceding 2 weeks (21 days). BUT… EP Amendment 109: current week & preceding 3 weeks (28 days) - Extra days don’t allow any extra critical rest times to be checked! - Unnecessary increase in administrative burden.
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© International Road Transport Union (IRU) 2005 Page 13 Digital Tachograph Start (Art. 27 Para. 1) EP Amendment 119 – IRU for Council Position makes installation of Digital Tachograph mandatory from 5 August 2005. BUT… EP Amendment 119 would put this back to Aug 2006 for newly manufactured vehicles & Aug 2007 for newly registered vehicles. - Not all Member States will be ready for Aug 2005 (legislation, enforcement, etc.) - Fair competition requires simultaneous introduction across EU.
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© International Road Transport Union (IRU) 2005 Page 14 Digital Tachograph Retrofit (Art. 27 Para. 1) EP Amendment 123 – IRU against Council Position doesn’t require subsequent retrofit of Digital Tachographs in old vehicles. BUT… EP Amendment 123 would require ALL vehicles to have digital tachograph within 36 months. - Technically not always possible & logistically uncertain. - 7 million vehicles @ EUR 750 per vehicle = EUR 5.25 billion! - Poor cost-benefit: older vehicles used mostly for local transport.
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© International Road Transport Union (IRU) 2005 Page 15
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