Enhancement of social legislation in road transport II (Working time and enforcement of Regulation 561/2006)

Briefing 15-05-2017

Directives 2002/15 and 2006/22 lay down rules on the working time of professional drivers, breaks, and enforcement of Regulation 561/2006 on the harmonisation of certain social legislation relating to road transport. Various sources show that there are currently several challenges linked with the implementation of social legislation in road transport in the Member States. These challenges include diverging enforcement practice across the various EU Member States, a lack of clarity in the legislation, the broad discretion left to Member States, and various exemptions allowed by the legislation. These challenges are affecting harmonisation in the field of road transport; they have an impact on legal certainty and are hindering the fulfilment of the legislation's objectives. The European Parliament has noted these issues and has called for them to be resolved. Similarly, the European Economic and Social Committee has recommended updating the current legislation, while representatives of various stakeholder groups have called for amendments in this field. Last, but not least, the European Commission itself has expressed its willingness to revise these directives as part of the enhancement of social legislation in road transport. It is expected that the European Commission will submit a proposal in the second quarter of 2017.