Brussels, 29 January 2024
To improve road safety and working conditions for drivers providing occasional bus and coach services in Europe, the Council presidency and European Parliament’s negotiators reached a provisional agreement on the proposal for a revision of the 2006 rules on driving times and rest periods in the occasional passenger transport sector.
We are proud to have achieved such a swift agreement with the Parliament on this important file. The new rules on minimum breaks and rests will ensure better working conditions for bus drivers and guarantee better services for tourist trips across Europe.
Georges Gilkinet, Belgian minister for mobility
Main objectives of the revised regulation
The revised legislation consists of targeted amendments to the 2006 regulation aiming to introduce a certain well-defined flexibility, by way of derogation and at the driver’s discretion, into the provisions on breaks and rest periods for professional drivers engaged in occasional passenger transport, such as tour buses.
The revised law therefore aims to better adapt this sector to its specific rhythm of work and to ensure a better service for passengers. However, it does not change in any way the maximum driving times or minimum rest periods for the professional drivers in question.
Key elements of the provisional agreement
The provisional agreement retains the main thrust of the Commission proposal. However, the co-legislators amended some aspects of the proposal, mainly related to the scope of specific rest rules, as follows:
- the flexibility in how to split the required minimum rest period of 45 minutes into two breaks spread over the 4.5 hours driving period
- the flexibility to postpone the daily rest period by 1 hour, provided that the total accumulated driving time for that day has not exceeded 7 hours, and that this option is exercised once during a journey with a duration of at least 6 days, or twice during a journey of at least 8 days
- the flexibility to postpone the weekly rest period for up to 12 consecutive days following a previous regular weekly rest period
- the last-mentioned option, already used in international services, could now be applied to domestic services as well
In addition to these, road safety standards are safeguarded and improved by the revised law through an enhanced control framework. A path towards user-friendly and control-facilitating digital forms was also agreed. More concretely:
- on control provisions, the provisional agreement provides that the required documentation for using the derogations is a single journey form on board, which will be replaced by a digital form after completion of a Commission study in this regard
- the documentation on board extends to previous trips during a certain period, for which copies need to be carried on board, in paper or electronic form
- moving towards digitalisation is further supported by the need to amend the tachograph specifications at the latest 18 months after the regulation enters into force, so that the type of passenger transport can be read from the machine and the requirement to carry documents for previous trips on board will be discontinued when the tachograph is in use
- the revised regulation clarifies that infringements to tachograph rules committed on another member state’s territory can be prosecuted in the member state of detection
Next steps
Following today’s provisional agreement, technical work will continue with a view to presenting a compromise text of the revised regulation to both institutions for approval in the coming weeks. From the Council side, the Belgian presidency intends to submit the text to member states’ representatives (Coreper) for endorsement as soon as possible. The text will then be submitted to a legal/linguistic review before being formally adopted by the co-legislators, published in the EU’s Official Journal, and entering into force.
Background information
During the adoption of ‘Mobility Package I’ in 2020, the European Commission committed to evaluating the appropriateness of the rules on driving times, breaks and rest periods for drivers engaged in occasional road passenger transport (Regulation (EC) No 561/2006). Despite the objective differences in the working environment, the social provisions adopted in 2020 make no distinction between freight and passenger transport, nor between regular and occasional services.
Rules on driving times, breaks and rest periods in road transport have been a topic of debate since 1969. Specific rules for passenger services were introduced by the Council in 1985, but were later abolished in 2006, and only partly re-introduced in 2009 (for international occasional passenger services). The scope of this proposal, submitted by the Commission on 24 May 2023, is limited to national and international occasional passenger services, which are the most relevant to tourism. The proposal intends to introduce three flexibility elements into the breaks and rest time rules of drivers engaged in occasional passenger transport. The proposal concerns roughly 3% of passenger transport by bus at EU level.
- Revised regulation on breaks and rests in occasional passenger transport services, Council’s general approach, 4 December 2023
- Regulation amending regulation (EC) No 561/2006 as regards breaks and rests in occasional passenger transport services, Commission’s proposal, 24 May 2023
Source – EU Council
EU Parliament and Council reach deal on more rest options for coach drivers
Brussels, 29 January 2024
On Monday, Parliament and Council negotiators agreed to provide more flexibility on driving and resting times for drivers of occasional bus and coach services.
A provisional deal on the review of EU rules on driving and resting times for bus and coach drivers ensures more flexibility in taking breaks and rest periods. In comparison to regular bus service the occasional transport sector is subject to high seasonality, longer distances driven at the beginning and the end of the tour, as well as more frequent needs to accommodate unplanned passenger requests for additional stops or changes of routes.
More options
According to the deal, occasional bus drivers will have an option to split their obligatory break into two breaks of at least 15 minutes each, while respecting the total required minimum rest time of 45 minutes during or at the end of four and a half hours driving.
Bus or coach drivers, engaged in at least 6 days tour, will be allowed to postpone the daily rest period by one hour, provided it does not go against road safety and the working conditions and that the total driving time for that day has not exceeded 7 hours, the deal says. This option can be used twice if the tour lasts 8 or more days.
Negotiators also agreed to provide the possibility of postponing the weekly rest period for up to 12 days to national occasional passenger services. It currently exits for international passenger services.
Proper supervision
In order to benefit from new rest and break options and to facilitate road side checks, coach drivers will have to carry a completed journey forms, which show the itinerary of the trip. MEPs secured that the European Commission is tasked to examine the options to make these forms digital so as to ensure effective enforcement of new rules.
Quote
EP rapporteur Henna Virkkunen (EPP, Finland) said:
“Transporting people is different from transporting goods. Occasional tourist trips are characterised by seasonality and changing circumstances. We are now bringing some flexibility to the driving and resting rules so that they better serve the needs of both the drivers and the passengers, while simultaneously preserving road safety. The rules need to be also properly enforced and controlled, to ensure fair competition throughout Europe.”
Next steps
The informal deal still needs to be approved by the Council Committee of Permanent Representatives and Parliament’s Transport and Tourism committee, and then the Council and Parliament as a whole. It will enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Source – EU Parliament