Decree No. 2003 - 1242 22 December 2003 Relating To The Hours Of Work In Road Passenger Transport Enterprises

Original Language Title: Décret n° 2003-1242 du 22 décembre 2003 relatif à la durée du travail dans les entreprises de transport routier de personnes

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Texts transposed Directive 2000/34/EC of the European Parliament and of the Council amending directive 93/104/EC of the Council on certain aspects of the organisation of working time to cover sectors and activities excluded from that directive Directive 2002/15/EC of the European Parliament and of the Council of 11 March 2002 on the organisation of the working time of persons performing mobile road transport summary amending the Decree 83-40 activities 1983-01-26. Complete transposition of directive 2000/34/EC of the European Parliament and of the Council amending Council directive 93/104/EC concerning certain aspects of the organisation of working time to cover sectors and activities excluded from that directive.
Complete transposition of directive 2002/15/EC of the European Parliament and of the Council of 11 March 2002 on the organisation of the working time of persons performing mobile road transport activities.
Keywords equipment, transport, TRANSPORT people road, passenger, passenger road TRANSPORT, railway station road, TRANSPORT URBAIN, BUSING, staff, City-Airport Shuttle, TAXI, TRANSPORT health, AMBULANCE, company, employee, staff, driver, working time, working time, ARTT, REDUCTION of working time, RTT, thirty - five hours, ORGANISATION of working time, working MINIMUM, weekly rest day
APPLICATION of Regulation (EC), European DIRECTIVE, TRANSPOSITION COMPLETE links post Decree No. 2006-408 of 6 April 2006 amending Decree No. 2003-1242 of 22 December 2003 on the hours of work in companies of road passenger transport JORF n ° 297 of December 24, 2003 page 22080 text no. 38 Decree No. 2003-1242 of 22 December 2003 on the hours of work in road transport of persons NOR companies : EQUX0300146D ELI: https://www.legifrance.gouv.fr/eli/decret/2003/12/22/EQUX0300146D/jo/texte Alias: https://www.legifrance.gouv.fr/eli/decret/2003/12/22/2003-1242/jo/texte the President of the Republic, on the report of the Prime Minister, the Minister of Social Affairs, labour and solidarity and the Minister of equipment, transportation, housing, tourism and the sea, having regard to Regulation (EEC) No 3820/85 of the Council of 20 December 1985 on the harmonization of certain provisions in social legislation relating to road transport;
Having regard to Regulation (EEC) No 3821/85 of the Council of 20 December 1985 concerning recording equipment in the field of road transport;
Having regard to Council directive 93/104/EC of the Council of 23 November 1993, as amended by directive 2000/34/EC of the European Parliament and of the Council of 22 June 2000, concerning certain aspects of the organisation of working time;
Having regard to directive 2002/15/EC of the European Parliament and of the Council of 11 March 2002 on the organisation of the working time of persons performing mobile road transport activities;
Having regard to the labour code, particularly articles L. 212 - 2 and L. 212 - 4;
Considering Decree No. 83-40 January 26, 1983, amended on detailed rules for the application of the provisions of the labour code concerning the hours of work in road transport companies;
Considering Decree No. 2001 - 679 of July 30, 2001, relative to the duration of the work in the sanitary transport companies;
Seen the framework agreement of 4 May 2000; development and the reduction of the working time of the personnel of health transport companies
Having regard to the agreement of 18 April 2002; on the planning, organization and the reduction of the working time, and on the remuneration of the staff of road passenger transport undertakings
After consultation with the organizations of employers and workers concerned;
The Council of Ministers heard, enacts as follows: Article 1 more on this article...

The provisions of this Decree shall apply to staff, including personnel management, institutions and professions that belong to classes following classifications of activities and products approved by Decree No. 2002 - 31 December 2002 1622: 60.2 A. urban passenger transport, only with regard to school transportation or personnel, as well as the shuttle City-Airport;
60.2 B. regular road transport of passengers;
60.2. carriage of passengers by taxis, with the exception of car with driver rental;
60.2 G. other road passenger transport;
63.2. A management infrastructure of land transport, only for road passenger stations.
85.1 j. Ambulances.
The provisions which, in the following articles, mention the long distance passenger transport concern only transport national classes 60.2 B and 60.2 G above.

Chapter I: Provisions common Article 2 I. - the effective working time defined in the first paragraph of article L. 212 - 4 of the labour code is equal to the magnitude of the day's work, defined in the I of article 7, reduced by the total length of cuts and the time spent at meals, dressing and snack, in compliance with the provisions of article L. 212 - 4 of the code of labour that the time needed for the restoration as well as the time devoted to breaks are considered as effective working time when the criteria defined in the first subparagraph of that article are met.
The modalities according to which cut-off times and recovery time are considered the actual working time pursuant to the provisions of article L. 212 - 4 of the labour code can be determined for the branch, by collective agreement branch or, for the undertaking or establishment, by agreement of business or establishment. The agreements concluded at the end of the negotiations in the context of this paragraph may also determine counterparties which are, if any, allocated to personal wheelchairs for these times of cuts or restoration, to which those employees are subject, and that these agreements would not consider effective working time.
II. - The provisions of collective agreements extended branch and the agreements of company or business concluded pursuant to Act No. 98-461, 13 June 1998 of orientation and on the reduction of the working time or in application of articles L. 212 - 8 and L. 212-8-1, L. 212-8-2 or L. 212-2-1 of the labour code in their wording prior to Act No. 2000-37 of 19 January 2000 on the negotiated working time reduction incentive and contrary to the provisions of this order continue to produce their effects until the conclusion of a new collective agreement substituting.
The clauses of these collective agreements which are more favourable to the employee than the provisions of this Decree cannot be questioned outside the procedure for the revision of the conventional provisions of the labour code.


Article 3 the daily hours of effective work considered isolation may not exceed ten hours.
However, pursuant to the second paragraph of article L. 212 - 1 of the code of the work, this period may be extended to twelve hours, once a week for travelling staff.
This period may be extended to twelve hours a second time a week, within the limit of six times a twelve-week period, provided that the length of the working week has been distributed on at least five days.
The Committee of company, or in default, the staff delegates if they exist, emit an opinion on abovementioned exceedances to the daily duration of 10 hours.
The provisions of this article cannot have the effect of derogating from those of Regulation (EEC) No 3820/85 of the Council of 20 December 1985 on the harmonisation of certain social legislation in the field of road transport.


Article 4. - The length of the working week is calculated on a week.
II. - For wheelchair personnel, without prejudice to the provisions of article L. 212 - 8 of the code of the work, the length of the working week can be calculated over two consecutive weeks, provided that this period includes at least three days of rest. The weekly duration of work of stakeholders is considered as being the result of the division by two of the number of hours completed during the two weeks.
Subject that is respected for each of these two consecutive weeks the maximum time that can be completed in one week laid down in article L. 212 - 7 of the labour code, it can be done in the one or the other week, hours worked in uneven numbers.
III. - The duration of presence of sedentary personnel monitoring and guarding and fire personnel can be determined on the basis of an average calculated on a maximum cycle of three consecutive weeks. Daily time of presence of these personnel, determined within the limits set by article L. 212 - 1 of the labour code, must not exceed twelve hours.


Article 5 the duration of the actual work may be, under the provisions of articles L. 212 - 6 and L. 212 - 7 of the labour code, extended beyond the limits set by article L. 212-1 of the said code. Thus completed hours are overtime and are remunerated as such. They qualify, where appropriate, compensatory rest under the conditions laid down in article L. 212-5-1.
In the cases listed in article L. 221 - 12 of the labour code, performed overtime is not blamed on the annual quota provided for in article L. 212 - 6.

Beyond a weekly period of 48 hours, the extension is limited to: 1 ° eight hours a week for security measures, backup or repair in the event of accidents at facilities or buildings;
2 ° six hours per week for the repair of vehicles.
By way of derogation from the provisions of the first, second and third paragraphs of article 3, daily working time exceed ten or twelve hours for the performance of urgent work whose immediate execution is necessary to prevent imminent accidents, organize rescue measures or repair accidents occurring either equipment or facilities, or buildings of the company and endangering the market thereof.


Article 6 the Organization of shift work, and the Organization of work by relay, is permitted in all the establishments referred to in article 1 above, after the opinion of the Committee of company, or in default, staff delegates if they exist. This notice must include the principle and detailed rules for the application of these formulas.
In the case of work by relay, and without prejudice to the provisions of article 11 and article 12 V, individual amplitude of the day of such work as defined in article 7 of this order may not exceed ten hours.


Article 7. - The amplitude of the working day is the interval between two successive daily rest periods or between a weekly rest period and the daily rest period immediately preceding or following.
II. - Without prejudice to the provisions of the V of article 11 and article 12 of this Decree, the amplitude of the rolling staff working day must not exceed twelve hours.
III. - The amplitude of the working day must not exceed 18 hours in the case of a crew consisting of several drivers.
IV. - Without prejudice to the provisions of the V of article 11 and article 12 of this Decree, in the case where operating conditions make this necessary and following consultation with the Committee of company, or in default, staff delegates if they exist, and permission of the labour inspector, the amplitude can be extended up to fourteen hours subject to the following conditions: 1 ° the duration of time spent in the service of the employer shall not exceed nine hours.
2 ° the service must include: a) an interruption of at least two hours and a half continuous or two breaks of at least an hour and a half continuous each, when the range is extended beyond twelve hours and up to 13 hours;
(b) a break of at least three hours continuous or two interruptions for at least two hours continuous each, when the range is extended beyond thirteen hours.
During these breaks, the employee has no activity and has freely of his time.
V. - In the absence of a convention or agreement extended collective, exceedances of amplitude, viewed in isolation, resulting from the application of the provisions of the IV above give rise to compensation under the following conditions: a) 75% of the length of overtaking between the twelfth and the thirteenth hour;
(b) 100% of the cost overruns beyond the thirteenth hour.
VI. - When this compensation is granted in the form of rest, the employee is kept regularly informed of its rights acquired on his pay slip or on a statement annexed to the bulletin. The rest can be taken that whole day, each being deemed match seven hours compensatory rest, and in a time-limit set by mutual agreement between the employer and the employee, which may not exceed two months.


Section 8 staff running institutions listed in article 1 of this Decree, engaged in transport not subject to Regulation (EEC) No 3820/85 of 20 December 1985, should benefit from a daily of at least ten consecutive hours rest during the 24 hours preceding any time where he performs actual work or is available.


Article 9 subject to compliance with articles L. 221 - 1 and following of the labour code relating to weekly rest and following the opinion of the Committee of company, or in default of the staff delegates if they exist, the employer may distribute all or only some of the other six days of the week, the duration of the actual work provided for in article L. 212-1 of the labour code Although the daily hours of work may exceed the expected maximum audit section.
However, the distribution of the hours of work on a number of days less than five may be carried out only with the agreement of the Committee of company, or in default, staff delegates. In companies that are not legally equipped to be a representation of staff, this allocation may be authorised by the labour inspector after survey of employees.
In the case where the distribution of the weekly legal duration of work causes a rest period not to exceed two days, it must be given without interruption. However, and without prejudice to provisions of III of article 11 of this Decree, may be waived at this consecutiveness for staff rolling when the operation requirements warrant and after the opinion of the Committee of company, or in default, staff delegates if they exist.
For wheelchair personnel, the rest referred to in the above paragraph may begin one hour any day.


Article 10 i. – In all institutions subject to the provisions of this Decree, articles D. 212 - 18-D. 212 - 20 and article D. 212 - 23 of the labour code are applicable.
II. - For wheelchair personnel, the duration of the work is documented and controlled using the document appropriate inspection laid down by regulations (EEC) No 3820/85 of 20 December 1985 and (EEC) No 3821/85 of 20 December 1985 as amended and regulations applicable to the control document the working conditions of road transport crew members.
All hours performed, details of the duration of time spent in the service of the employer, conduct personnel referred to in the preceding paragraph shall be counted, in this context, as follows: 1 ° daily by their registration, under the conditions laid down in the first paragraph of this II;
2 ° within the calendar week by their weekly summary;
3 ° within the calendar month, by their monthly summary.
The Bill daily, weekly and monthly service hours worked shall distinguish, for each employee, the length of time spent on the conduct and duration of time spent in the service of the employer other than driving.
The duration of time spent in the service of the employer is controlled in the home institution of the driver, through daily, weekly and monthly count provided for in this paragraph.
The abovementioned provisions are applicable to the sedentary staff when it performs an activity of driving on a full day of work.
III. - The length of time spent in the service of the employer of rolling personnel engaged in road transport not subject to regulations (EEC) No 3820/85 and (EEC) No 3821/85 of 20 December 1985 is registered, certified and controlled means: 1 ° to the working timetable for long distance travellers scheduled transport services and bringing each day employees interested in their home institution;
2 ° in the other case, an individual control booklet which sheets must be filled daily by the interested parties to mention the duration different work carried out; the duration of time spent in the service of the employer thus registered by the means of the daily record sheets of the individual control book the object for each employee, a weekly and monthly summary prepared by the employer.
Characteristics and terms of use of the schedule service and individual control booklet are fixed by order of the Minister of transport.
IV. - The staff delegates can consult the documents referred to in II and III of this article 10, and the monthly document, annexed to the pay slip, provided for in the second paragraph of this article 10 VI.
The driver has the right to obtain, without charge and in good order, record sheets of the control device defined by Regulation (EEC) No 3821/85, concerning it, and of the documents referred to in II and VI second paragraph) of this article 10, having formed the basis for the development of its payslips.
The company decides, without charge and in good order, a copy of these documents, in a format identical to the original, to the drivers concerned who request them.
Wheeled personnel engaged in road transport not subject to regulations (EEC) No 3820/85 and (EEC) No 3821/85 of 20 December 1985 have the right to obtain, without charge and in good order, slips of the libretto of control of and documents referred to the III and VI second paragraph) of this article 10, having formed the basis for the development of their pay slips.
The company decides, without charge and in good order, a copy of these documents, in a format identical to the original, interested employees who request them.
V. - Control arrangements different supplementing or substituting the terms above may be authorized by order of the Minister in charge of transport and the Minister responsible for labour, after consultation with the organizations of employers and workers in the profession.

VI. - Of payslips, or a monthly document attached to payroll bulletin, shall specify the cumulative total of overtime performed and compensating rest acquired by the employee from the beginning of the calendar year.
Payroll bulletin, or the annex monthly paper for drivers who have performed in the month concerned services in double crew, referred to in article 11 II, must mention completeness of the past by these drivers in the service of their employer before taking account of the coefficient of 50% target that paragraph.

Chapter II: Specific provisions to companies of long distance road transport of passengers Article 11. - the provisions of this article apply to the sedentary staff when it performs an activity of driving on a full day of work.
II. - When the crew includes two drivers on board, the time not devoted to driving while the vehicle is running by drivers, or sedentary individuals performing an activity of conduct during a full day of work is counted as actual work for 50% of its duration.
III. - When the weekly rest period is for a period of two days, one of these days can be split into two half-days. For wheelchair personnel, the use of splitting in two half-days of one of the two days composing a weekly rest period is possible if a convention or a business or establishment agreement defines the practical arrangements.
IV. - Without collective convention or agreement extended, when the reduction of the duration of the work is done by the allocation to employees of days or half-days of rest, the distribution of these days or half-days for 50% at the option of the employee and 50% at the option of the employer, with a period of seven calendar days thoughtfulness.
V. - Without prejudice to the provisions of the IV of article 7, the amplitude of the staff rolling to a scheduled working day must not exceed 13 hours.
In the absence of agreement or extended collective agreement, the amplitude of the workday of staff travelling to an occasional service shall not exceed 14 hours.

Chapter III: Provisions specific to transport companies health Article 12 without prejudice to the provisions of Decree No. 2001-679 of July 30, 2001, relative to the duration of work in health transport companies, the amplitude of the wheeled ambulance personnel working day can be extended up to 15 hours in the following cases: 1 ° to enable to accomplish a mission to completion within the limit of once a week on average over four weeks;
2 ° for seasonal activities or for repatriations for the companies of insurance or assistance, within the limit of seventy-five times per calendar year.
The labour inspector and the Committee undertaking or, Alternatively, the staff delegates if they exist, are kept informed, immediately, of any extension of amplitude.


Article 13 personal health transport companies rolling ambulance service lives are counted by individual weekly route sheets, in accordance with a form established by Decree of the Minister in charge transport.

Chapter IV: Sanctions Article 14 violations of the provisions of this Decree found by the territorially competent labour inspectors will be liable to the fine for contraventions of 4th class.
Contraventions will result in as many penalties as there are unduly employees employees.


Article 15 the provisions of this Decree, which repeals the provisions of the Decree of January 26, 1983, referred to above as they apply to staff companies listed in article 1, shall be effective on the date of publication in the Official Journal of the French Republic of the order of extension of the agreement of 18 April 2002 on planning, organization and the reduction of the working time and on the remuneration of the staff of road passenger transport undertakings.


Article 16 the Prime Minister, the Minister of Social Affairs, labour and solidarity, the Minister of equipment, transportation, housing, tourism and the sea and the Secretary of State for transport and the sea are responsible, each in relation to the application of this Decree, which shall be published in the Official Journal of the French Republic.

Done at Paris, on December 22, 2003.
Jacques Chirac by the President of the Republic: Prime Minister Jean-Pierre Raffarin the Minister of equipment, transportation, housing, tourism and the sea, Gilles de Robien the Minister of Social Affairs, labour and solidarity, François Fillon Dominique Bussereau, Secretary of State for transport and the sea