Modification on rests in the discretionary transport of travellers
Minimum requirements on the pauses and the periods of daily and weekly rest minima in the sector of the discretionary transport of travellers
Wednesday 13 March 2024 - Strasbourg
Texts approved - minimum Requirements on the pauses and the periods of daily and weekly rest minima in the sector of the discretionary transport of travellers - Wednesday 13 March 2024 (europa.eu)
New Requirements on pauses, daily rest and weekly rest in the transport of travellers
The European Parliament, approves the text of update of the Regulation (CE) N.º 561/2006 regarding the minimum requirements on the pauses and the periods of daily and weekly rest minima in the sector of the discretionary transport of travellers so much of national field like international.
Pauses to the driving in transport of travellers
Current text:
After a period of driving of four hours and average, the driver will do an uninterruptible pause of at least 45 minutes, unless it take a period of rest.
It will be able to substitute said pause by a pause of at least 15 minutes followed of a pause of at least 30 minutes, intercaladas in the period of driving, so that they respect the disposals of the first paragraph.
A driver that take part in the driving in squad will be able to do a pause of forty-five minutes in a vehicle driven by another driver, on condition that it do not devote to assist to this last.
Modified:
It adds the following:
In the case of a driver that loan a discretionary service of transport of travellers, the pause of at least 45 minutes will be able to substitute also by two pauses, of at least fifteen minutes each one, distributed during the period of driving of four hours and average.
Interpretation: they augment the possibilities to make the pauses.
Until the moment could make of the following form:
Of an alone time, or was 45 uninterruptible minutes.
Fractionated in two pauses, the first of at least 15 minutes and the second of at least 30 minutes.
With the modification allows fractionate in two pauses, of at least 15 minutes. For example (30+15) (20+25) (25+20),etc.
Daily rest in the transport of travellers
Current text:
The drivers will have to have taken a new period of daily rest in the 24 following hours at the end of his period of daily or weekly rest anterior.
Modified
It adds the following:
Whenever with this do not engage neither the security vial neither the conditions of work of the driver, a driver that effect an only discretionary service of transport of travellers of a length of at least six consecutive periods of 24 hours will be able to abstain to take a new period of daily rest in the 24 following hours at the end of his period of daily or weekly rest anterior, and take in place of this the period of daily rest once inside a time limit of 25 hours after it finalise the period of daily or weekly rest anterior, whenever the total time accrued of driving of this day have not surpassed the 7 hours. Whenever they fulfil the same conditions, will be able to resort to said exception twice in an only discretionary service of transport of travellers of a length of at least eight consecutive periods of 24 hours. The resource to the mentioned exception will understand without damage of the time of maximum work that establish the applicable legislation.
Interpretation: it augments the term of time (of 24 to 25 h) in which make the daily rest after finalised the period of daily or weekly rest anterior.
Weekly rest in the transport of travellers
Possibility to postpone it until 12 consecutive periods of 24 hours.
Current text abridged:
A driver that effect an only discretionary service of international transport of passengers such as it defines in the Regulation (CE) N.º. 1073/2009, it will be able to postpone the period of weekly rest until 12 consecutive periods of 24 following hours to a period of weekly rest regulate previous, whenever:
To) the service include 24 consecutive hours like minimum in a Been member or in a third country to the that apply the present distinct Regulation of that in that it has initiated the service;
b) After the application of the exception, the driver take :
i) Two periods of weekly rest regulate, or
ii) A period of weekly rest regulate and a period of weekly rest reduced of at least 24 hours; nevertheless, the reduction will compensate with an equivalent period of uninterruptible rest before finalising the third following week to the week of the period of exception;
c) From 1 January 2014, the vehicle was instrumented with devices tacógrafo digital
d) From 1 January 2014 and to take place the driving that during the period comprised among the 22:00 and the 6:00 hours, the vehicle have several drivers or reduce to three hours the period of uninterruptible continued/driving.
Modified:
A driver that effect an only discretionary service of transport of travellers will be able to postpone the period of weekly rest by a term of until 12 consecutive periods of 24 hours after a period of normal weekly rest anterior, whenever:»,
b) After the application of the exception, the driver take :
i) Two periods of weekly rest regulate, or
ii) A period of weekly rest regulate and a period of weekly rest reduced of at least 24 hours; nevertheless, the reduction will compensate with an equivalent period of uninterruptible rest before finalising the third following week to the week of the period of exception;
c) From 1 January 2014, the vehicle was instrumented with devices tacógrafo digital
d) From 1 January 2014 and to take place the driving that during the period comprised among the 22:00 and the 6:00 hours, the vehicle have several drivers or reduce to three hours the period of uninterruptible continued/driving.
iii) Options of digitalisation of the leaf of route contemplated in the art. 12 of the RCE 1073/2009.
Interpretation: it suppresses the need that the service include the stay of at least 24 h. In distinct country to the of establishment of the carrier, when considering that the discretionary services can be of national or international field. It proposes study the possibility to carry in digital format the leaf of route of the discretionary service to the effects to be able to justify the postponement of the weekly rest.
Leaf of digital route transport of travellers
Text that proposes add:
To effects of the controls of road, in so much was not available the leaf of digital route, the driver will have to can justify the resource to the planned exceptions for the pauses, daily rest and weekly rest exposed previously of the following form:
To) spending on board of the vehicle a leaf of route congratulated, that contain the information required of compliance with the Regulation (CE) n.º 1073/2009, that the company of transport will be the manager to supply to the drivers before each trip, and
b) Spending on board of the vehicle copy in paper or in electronic format of the leaves of relative route to the 28 anterior days and, from 31 December 2024, to the 56 anterior days. This obligation will leave to apply , to more take, when the vehicle have a tacógrafo that allow to register and store in the tacógrafo the relative data to the type of service of transport of travellers, that make , that is to say, if it treats of a service of transport of regular or discretionary travellers.
In the case of the national services, will be able to use the leaf of applicable route to the international services, indicating that it uses for national services. In the case of Spain already has of a leaf of route for the discretionary services in bus (Order FOM/1230/2013, of 31 May).
