Regulation 2020/1054 - Amendment of Regulation (EC) No 561/2006 as regards minimum requirements on maximum daily and weekly driving times, minimum breaks and daily and weekly rest periods and Regulation (EU) No 165/2014 as regards positioning by means of tachographs - Main contents
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Regulation (EU) 2020/1054 of the European Parliament and of the Council of 15 July 2020 amending Regulation (EC) No 561/2006 as regards minimum requirements on maximum daily and weekly driving times, minimum breaks and daily and weekly rest periods and Regulation (EU) No 165/2014 as regards positioning by means of tachographs| Legal instrument | Regulation |
|---|---|
| Number legal act | Regulation 2020/1054 |
| Original proposal | COM(2017)277  |
| CELEX number i | 32020R1054 |
| Document | 15-07-2020; Date of signature |
|---|---|
| Publication in Official Journal | 31-07-2020; OJ L 249 p. 1-16 |
| Signature | 15-07-2020 |
| Effect | 20-08-2020; Entry into force Date pub. +20 See Art 3 31-12-2024; Application Partial application See Art 3 |
| End of validity | 31-12-9999 |
31.7.2020 |
EN |
Official Journal of the European Union |
L 249/1 |
REGULATION (EU) 2020/1054 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 15 July 2020
amending Regulation (EC) No 561/2006 as regards minimum requirements on maximum daily and weekly driving times, minimum breaks and daily and weekly rest periods and Regulation (EU) No 165/2014 as regards positioning by means of tachographs
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91(1) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee (1),
Having regard to the opinion of the Committee of the Regions (2),
Acting in accordance with the ordinary legislative procedure (3),
Whereas:
(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 in order to ensure non-discrimination and to attract qualified workers. To facilitate that process it is essential that the Union social rules on road transport are clear, proportionate, fit for purpose, and are easy to apply and to enforce and implemented in an effective and consistent manner throughout the Union. |
(2) |
Having evaluated the effectiveness and efficiency of the implementation of the current set of Union social rules in road transport, and in particular Regulation (EC) No 561/2006 of the European Parliament and of the Council (4), certain deficiencies were identified in the implementation of that legal framework. Unclear rules on weekly rest periods, resting facilities and breaks in multi-manning, as well as the absence of rules on the return of drivers to their home, have led to diverging interpretations and enforcement practices in the Member States. Several Member States have recently adopted unilateral measures further increasing legal uncertainty and the unequal treatment of drivers and operators. However, the maximum driving periods per day and per week are effective in improving the social conditions of drivers and road safety in general. Unremitting efforts are necessary to ensure compliance. |
(3) |
To promote road safety, it is important to encourage transport undertakings to adopt a safety culture which is adhered to at all levels. In particular, in order to avoid infringements of driving and rest rules or endangering road safety, it should not be permitted to link performance-based pay to the time needed for the transportation of passengers to their destinations or for the delivery of goods. |
(4) |
The ex post evaluation of Regulation (EC) No 561/2006 confirmed that the inconsistent and ineffective enforcement of the Union social rules was mainly due to unclear rules, to inefficient and unequal use of the control tools and to insufficient administrative cooperation between the Member States. |
(5) |
In order to improve clarity and consistency, the exemption from the scope of Regulation (EC) No 561/2006 for the non-commercial use of a vehicle should be defined. |
(6) |
Clear, suitable, proportionate and evenly enforced rules are also crucial for achieving the policy objectives of improving working conditions for drivers, and in particular ensuring undistorted and fair competition between operators and contributing to road safety for all road users. |
(7) |
The existing requirements on breaks have turned out to be unsuitable and impractical for drivers in a team. Therefore, it is appropriate to adapt the requirement on recording breaks to the specificity of the transport operations carried out by... |
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