Public consultation on the enhancement of the social legislation in road transport
Åpen konsultasjon igangsatt av Kommisjonen 5.9.2016
Kommisjonen har igangsatt en 14- ukers bred høring om EUs arbeidsmiljøbestemmelser for yrkessjåfører. En fersk studie har pekt på vanskeligheter med gjennomføring og håndhevelse av dagens regelverk. I tillegg kan den pågående revisjonen av utsendingsdirektivet kreve endringer på veitransportområdet. Høringen er også åpen for norske borgere, organisasjoner og selskaper.
BAKGRUNN (fra Kommisjonens høringsnettside, engelsk utgave)
Consultation period: 5/09/2016 - 11/12/2016
This consultation will last for 14 weeks. Questionnaires should be returned by 11 December 2016 at the very latest.
The questionnaires are currently available in English. However, all official languages (except Irish Gaelic) will be added not later than 12 weeks before the expiry of the deadline.
All citizens and organisations are welcome to contribute to this consultation.
The consultation can particularly be of interest for citizens or undertakings using road transport services in their activity, road transport workers and companies engaged in the transport chain. It can also be of particular interest for regional, national or international public authorities and other organisations directly involved in the road transport sector.
Context and objective of the consultation
The framework of social rules in road transport and their enforcement is laid down in three interlinked legislative acts:
• the driving time Regulation (EC) 561/2006 establishes minimum requirements on daily and weekly driving times, breaks, daily and weekly rest periods, which must be observed by drivers and operators.
• the working time Directive 2002/15/EC lays down the rules on the organisation of the working time of persons performing mobile road transport activities. It complements the Regulation's provisions by introducing the requirements on the maximum weekly working times, minimum breaks in work and on the night work.
• the enforcement Directive 2006/22/EC sets out minimum requirements for Member States to check compliance by drivers and operators with the Regulation's provisions.
The policy objectives of this EU legislative framework are to protect transport mobile workers against adverse effects on their health and safety caused by inadequate working conditions, to improve road safety and to ensure fair competition between road transport operators.
The social legislation was the subject of an assessment of its functioning and effects in the context of the policy objectives and recent market developments in the framework of the ex post evaluation. The study comes to the conclusion that there are certain difficulties in application and enforcement of this legal framework that prevent the achievement of the road transport objectives.
In addition, the EU provisions on posting of workers set out in Directive 96/71/EC and the enforcement requirements laid down in Directive 2014/67/EU affect directly the functioning of the road transport sector, characterized by highly mobile workforce and cross-border nature of transport services.
The Commission proposal of 8 March 2016 on the targeted review of the Posted Workers Directive (Directive 96/71/EC) mentions that the implementation of the Directive to the international road transport sector raises legal questions and difficulties, which should be addressed through sector-specific legislation. Therefore the assessment of the issue of the posting of workers in international road transport will be part of this review of the road transport social legislation.
The consultation is aiming at:
• providing to the wide public and stakeholders an opportunity to express their views on all elements relevant for the assessment of the functioning of the social rules in road transport, as well as to express their positions on the possible/desirable changes to the regulatory framework.
• gathering specialised input (data and factual information, expert views) on specific aspects of the legislation (e.g. working and business conditions, enforcement methods and tools, etc.) from the enforcement community and from the industry, with the aim of filling the data and information gaps in view of finalizing the ex-post evaluation and preparing the impact assessment and the legislative proposal.