16 Driving time limits
| (24843)
12168/03
COM(03)490
| Amended draft Regulation on the harmonisation of certain social legislation relating to road transport and amending Council Regulation (EEC) 3821/85 on recording equipment in road transport
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| Legal base | Article 71 EC; co-decision; QMV
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| Department | Transport |
| Basis of consideration | Minister's letter of 23 February 2004
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| Previous Committee Report | HC 63-xxxv (2002-03), para 3 (29 October 2003)
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| To be discussed in Council | 9 March 2004
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| Committee's assessment | Politically important
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| Committee's decision | Cleared
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Background
16.1 The current Regulation[32]
concerning the driving and rest times of drivers of heavy vehicles
has been in force since 1985. The legislation was intended to
provide a common set of Community rules for maximum daily and
fortnightly driving times as well as daily and weekly minimum
rest periods for all drivers of road haulage and passenger transport
vehicles, subject to specified exceptions and derogations. It
sets maximum limits on driving time and minimum requirements for
breaks and rest periods for most heavy goods vehicle drivers and
about half the bus and coach drivers operating in the UK. Enforcement
is made possible by the requirements laid down in Council Regulation
(EEC) 3821/85 for most drivers to use a tachograph to record their
daily activities. However, according to the Commission, there
have been difficulties in interpreting and applying the legislation.
16.2 We cleared a draft Regulation to replace the
existing one in October 2002.[33]
In October 2003 we considered an amended draft Regulation.[34]
This amended draft Regulation replaces the Commission's earlier
proposal. It seeks to clarify and simplify the existing legislation.
Although it proposes some small changes to total driving times
and rest periods, the changes do not materially change the main
limits on driving and rest periods. It would
also amend Council Regulation (EEC) 3821/85 on tachographs to
rectify missing elements important to the enforcement of drivers'
hours with digital tachographs.
16.3 We noted in relation to the new proposal that,
despite a considerable revision of the original proposal, there
were a number of issues on which the Government had reservations.
We observed in particular that the extension of the scope of the
legislation to cover vans between 2.8 and 3.5 tonnes had not been
tested by the Commission against a cost-benefit analysis or a
regulatory impact assessment. We said that before considering
the document further we wanted to hear from the Minister about:
- progress in getting from the
Commission a cost-benefit analysis and a regulatory impact assessment;
- the views of the road transport associations
and other interested parties on the revised proposals; and
- the Government's view of whether the revised
proposal achieves a balance between the social and safety need
to limit the driving hours required of drivers and the economic
needs of the road transport industry and its customers.
The Minister's letter
16.4 The Parliamentary Under-Secretary of State,
Department of Transport (Mr David Jamieson) writes now in response
to our observations. Whilst saying the Commission is not obliged
to provide a revised legislative financial statement on the potential
costs of the amended proposal, or the specific costs involved
in extending the scope to include drivers of light vans between
2.8 and 3.5 tonnes on international journeys, the Minister informs
us that Member States, including the UK, have agreed recently
that drivers of light vans of that weight should not be included
in the new Regulation. The Irish Presidency has accepted this
and has undertaken to amend the proposal accordingly.
16.5 The Minister tells us that only the Freight
Transport Association (FTA) expressed a view on the Commission's
revised proposal. Apart from sharing the Government's concerns
about extending the scope of the draft Regulation to include drivers
of light vans, the FTA is disappointed that the Commission failed
to take account of its views on the need for continued exemption
for drivers of vehicles used in connection with gas and electricity
services, and for milk collection from farms. The Minister notes
that the Government disagrees with this view, holding that the
case for continued exemption should take account of the changes
that have taken place in the road transport sector since the existing
EU legislation was introduced and, in particular, the trend towards
centralised and bulk collection and distribution and the contracting
out of public services to private operators. However the Minister
adds "But I cannot rule out the possibility that, as a result
of pressure from certain Member States, some form of national
derogation for milk operations might be reintroduced."
16.6 On the revised rules themselves, the Minister
says the FTA welcomes the reinstatement of the provision allowing
a regular daily rest period to be split, although it would prefer
to see a split of 4+8 hours as opposed to the proposed 3+9 hours.
It also welcomes the provision allowing drivers to take 36 hours
reduced weekly rest (as opposed to 45 hours) at base. But the
industry continues to express concern over the increase in daily
rest to 12 hours (from 11) which remains unchanged from the original
proposal, and about extending the obligation on undertakings to
ensure compliance by drivers whom they do not themselves employ.
16.7 Finally, on whether the Government believes
the revised proposal achieves a balance between the social and
safety needs and economic needs the Minister says:
"Subject to the reservations expressed in the
Explanatory Memorandum [of 8 October 2003] which we hope to address
in negotiations, and the fact that the main elements of the existing
Regulation, i.e. driving time limits and breaks remain virtually
unchanged, I believe they do."
Conclusion
16.8 We are grateful to the Minister for his further
comments. We note his expectation that remaining reservations
on the proposal will be dealt with in further negotiations and
have no further questions to ask. We clear the document.
32 Council Regulation (EEC) No.3820/85. Back
33
See (22856) 12934/01: HC 152-xxxviii (2001-02), para 18 (16 October
2002). Back
34
See headnote. Back
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