Key Benefits:
The Minister for Transport, Equipment, Tourism and the Sea,
In view of Council Regulation (EEC) No 3820/85 of 20 December 1985 on the harmonisation of certain provisions of Social legislation in the field of road transport, in particular Article 5 (1), (2) and (4);
Having regard to Council Regulation (EEC) No 3821/85 of 20 December 1985 on the control apparatus in the field of transport By road;
Having regard to Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain provisions of social legislation in the field of road transport amending Regulations (EEC) No 3821/85 and (EC) No 2135/98 of the Council and repealing Council Regulation (EEC) No 3820/85;
Having regard to Directive 2006 /22/EC of the European Parliament and of the Council of 15 March 2006 laying down the minimum conditions for the implementation of Council Regulations (EEC) No 3820/85 and (EEC) No 3821/85 on social legislation relating to road transport activities and repealing Council Directive 88 /599/EEC;
Given the code of the road, in particular Articles R. 121-1 to R. 121-5, R. 317-6 and R. 317-6-1;
In light of the amended Order No. 58-1310 of 23 December 1958 concerning working conditions in public and private road transport for the purpose of ensuring the safety of road traffic;
In view of the Law No. 82-1153 of 30 December 1982, as amended d' orientation des transports inland;
In light of the amended Decree No. 84-139 of 24 February 1984 on the National Transport Council, the regional and departmental transport committees and the commissions Regional administrative sanctions;
Having regard to Decree No 86-1130 of 17 October 1986 on the application of the provisions of Council Regulation (EEC) No 3820/85 of 20 December 1985 on the harmonisation of certain provisions in Social matters in the field of road transport and of Council Regulation (EEC) No 3821/85 of 20 December 1985 on the control apparatus in the field of road transport;
Considering the need to fix conditions Minimum requirements for the application of Regulations (EEC) No 3820/85, (EEC) No 3821/85 and (EC) No 561/2006,
Stop:
I. -With regard to the European regulations on driving and rest times, road traffic control is concerned with:
1. Daily and weekly driving times;
2. Daily and weekly rest breaks and rest times;
3. The integrity and proper functioning of the control device;
4. Speed.
II. -Control concerns the period of the current week and the previous 15 days when the driver has driven.
III. -Speed can be checked under the following conditions:
1. For the period referred to in II of this Article: any possible exceedances of the speed permitted by apparatus designed to limit the speed by construction, of which goods transport vehicles of more than 3.5 shall be fitted Tonnes of total authorised weight in charge, and public transport vehicles containing, in addition to the driver's seat, more than 8 seats, in accordance with the provisions of Articles R. 317-6 and R. 317-6-1 of the code of the road
2. For at most the last 24 hours of vehicle use: the instantaneous speed, as recorded by the control device.
IV. -Regional control plans are developed using a random rotation system, with appropriate geographical balance. Controls are carried out in places suitable for traffic, and presenting all security guarantees for the control agents, for the persons under control and for the other users.
V.-Controls are carried out Without any discrimination related to the country of registration of the vehicle, the driver's country of residence, the country of establishment of the undertaking, the departure and arrival points of the journey, the type of tachograph used.
I. -Control in the enterprise is organised taking into account all the evidence gathered about the undertakings, in particular the infringements found in the road checks and the information provided by the control services of the others Member States.
II. -With regard to the European regulations on driving and rest times, control in undertakings relates to all the provisions contained in Regulations (EEC) No 3821/85 and (EC) No 561/2006, and in particular on:
1. Daily and weekly driving times;
2. Daily and weekly rest breaks and rest times;
3. Respect for the two-week limitation of driving times;
4. The registration sheets, data and paper copies from the embedded unit and the driver card.
The control officers take into account the information that can be provided by the designated contact organization Of another Member State.
III. -In the event of an infringement, the screening officers shall seek the possible co-responsibility of other actors in the transport chain, such as shippers, commissionaires, freight forwarders or subcontractors
-Drivers responsible for drivers shall retain, for a period of one year, the documents, results and other relevant data communicated to them by the supervisory authorities in respect of the verifications which have been To their premises or to their drivers on the road.
On-road and in-company controls are organized so that the number of working days controlled is equal to 2 % of the number of working days. This number is increased to 3 % as of January 1, 2010.
At least 15 % of the checks on working days are carried out during road checks, and 30 % are carried out during the checks in the company. These percentages are reported to be 30 % and 50 % respectively on 1 January 2008.
The Directorate of Maritime, Road and River Transport shall organise mutual assistance in order to clarify a situation which would, on the occasion of a check, show the need for Additional information. It is responsible for the assistance provided to the competent authorities of the other Member States during the commission of offences by their nationals. It is responsible for the bilateral exchanges of information provided for in Article 19 (3) of Regulation (EEC) No 3821/85 and Article 22 (2) of Regulation (EC) No 561/2006. Such exchanges shall take place at least every six months, and at the specific request of a Member State in special cases.
The Directorate of Maritime, Road and River Transport shall coordinate with equivalent bodies in the other Member States concerned for the organisation, at least six times a year, of controls Regulation (EEC) No 3821/85 and (EC) No 561/2006 on the road of drivers and vehicles. These controls are undertaken by the supervisory authorities of two or more Member States, each acting within its own territory.
The direction of maritime, road and river transport continues the annual programmes of training exchanges with other member countries in the framework of Euro Control.
The Directorate of Maritime, Road and River Transport shall draw up and forward to the Commission the report provided for in Article 17 (1) of Council Regulation (EC) No 561/2006 of 15 March 2006. The information transmitted to the European Commission shall include the number of drivers checked on the road, the number of checks carried out at the premises of undertakings, the number of working days checked, and the number and number of checks carried out on the road. The nature of the offences reported, indicating whether it is a transport of persons or goods.
These statistics are divided into the following categories:
(a) For roadside checks: type of road (motorway, National road or secondary road), country of registration of the controlled vehicle in order to avoid discrimination, and type of tachograph: analogue or digital;
b) For checks carried out in the premises of undertakings: type Transport activity (international or national, transport of passengers or goods, for own account or for account of others), taile of the fleet of vehicles of the undertaking, and type of tachograph: analogue or digital.
I. -Monitoring of enterprises carried out by the regional equipment directorates shall be ensured by taking into account, inter alia, infringements of the provisions of Regulations (EEC) No 3821/85 and (EC) No 561/2006, as well as those relating to the code of the Route.
II. -The infringements taken into account are those found by the officers of the various control bodies. Also taken into account are offences committed abroad.
III. -The Directorate of Maritime, Road and River Transport defines the system of classification of offences allowing for more specific targeting of the most sub-active and high-risk undertakings, Pursuant to Article 9 of the abovementioned Directive of 15 March 2006.
In accordance with Article 28 of the abovementioned Regulation of 15 March 2006, paragraphs 1, 2 and 4 of Article 5 of the Regulation of 20 December 1985 shall continue to apply until 10 September 2008.
Done at Paris, May 9, 2007.
For the Minister and by delegation:
The Assistant to the Director of Marine Transportation,
Road and River,
P. Maler
