What changed between the draft committee report and the plenary report

Removed:Recital 8: (8) More flexibility in the scheduling of breaks for drivers engaged in occasional road passenger transport services should not prevent those drivers from taking breaks of the minimum duration necessary to enable them to rest properly. Therefore, it is appropriate to set a minimum duration for each break. Therefore, drivers engaged in occasional road passenger transport services should be allowed to split their obligatory break into two or three separate breaks of at least 15 minutes each distributed freely over the driving period.

Added:Recital 3: (3) However, the specificities of the occasional road passenger transport sector are not shared by the road freight transport or the regular road passenger transport sector. Occasional road passenger transport is characterised by high seasonality and different lengths of time spent driving as well as different driving distances which depend on the touristic activities undertaken by passengers. It needs to accommodate to passenger needs such as unscheduled and impromptu requests from passengers in terms of additional stops and changes of the route or the schedule, wherever feasible. Occasional road passenger transport generally involves less driving time when compared to freight transport or regular bus services. In addition drivers usually sleep in hotels, and seldom drive at night. On the other hand, drivers during the working time may be subject to some additional activities, often resulting from interactions with passengers.

Removed:The currently applicable rules on breaks are not often well aligned with the natural stops on occasional passenger trips. This may create customer dissatisfaction which may increase stress for the drivers. In order to provide high quality occasional passenger transport services, drivers need to be able to adapt to unexpected circumstances and have their breaks when it makes practical sense.

Added:Recital 6: (6) More flexible rules in the scheduling of the breaks and rest periods of drivers engaged in occasional road passenger transport services should in no way jeopardise the safety of drivers, road safety, increase the level of fatigue of drivers or lead to a deterioration in working conditions. Such flexibility should therefore not alter the current rules on the total minimum breaks, on maximum driving periods per day and per week, on the maximum fortnightly driving time and on maximum working time.

Changed:Recital 9: (9) To ensure8: that(8) greaterMore flexibility in the scheduling of rest periodsbreaks offor drivers engaged in occasional road passenger transport services isshould not abused, itcause isin essentialany toway clearlymore delimitfatigue theor scopestress offor suchthe flexibilitydrivers and also toit provideshould forbe appropriateensured checks.that Driversthey shouldtake thereforebreaks beof ablethe tominimum postponeduration thenecessary startto ofenable theirthem dailyto rest periods for aproperly maximumand periodsufficiently. ofTherefore, 1it hour,is inappropriate casesto whereset thea drivingminimum periodduration for thateach daybreak. hasTherefore, notdrivers exceededengaged 7in hours,occasional androad shouldpassenger postponetransport theservices startshould onlybe whenallowed carryingto outsplit journeystheir ofobligatory 4break daysinto ortwo longer.breaks Suchof flexibilityat shouldleast be15 furtherminutes limitedeach towhile onlyrespecting twothe derogationstotal duringrequired theminimum periodrest time of the45 tour.minutes. ItMore shouldflexibility bein alsothe possiblescheduling toof counterthese checkbreaks, suchhowever, circumstancesshould withnot aprevent printoutdrivers from thehaving recordingbreaks equipmentlonger orthan the duty roster,required inminimum additionduration toor thehaving tachographadditional records.breaks.

Removed:The required duration is changed to 4 days as most occasional passenger service tours are considerably shorter than 8 days. The possibility of postponing the taking of daily rest by 1 hour, without exceeding regulatory driving time and without reducing daily rest, brings the rules closer to the actual needs of the passenger groups.

Added:Recital 9: (9) To ensure that greater flexibility in the scheduling of rest periods of drivers engaged in occasional road passenger transport services is not abused, it is essential to clearly delimit the scope of such flexibility and also to provide for appropriate checks by the competent national authorities and supported by the European Labour Authority (ELA). Drivers should therefore be able to postpone the start of their daily rest periods for a maximum period of 1 hour, in cases where the driving period for that day has not exceeded 7 hours respectively, and should postpone the start only when carrying out journeys of 6 days or longer. For journeys of at least 6 days the drivers should be allowed to once postpone their daily rest by 1 hour. Such flexibility should not jeopardise road safety and should be limited during the period of the tour. With a view to effective and efficient enforcement and in order to counter check such circumstances, a digital journey form should be electronically registered prior to the start of the journey in addition to the tachograph records and the printout from the recording equipment or the duty roster.

Added:Recital 10: (10) Limiting the possibility to postpone the weekly rest period for up to 12 consecutive 24-hour periods exclusively to occasional international passenger services has a negative impact in terms of equal treatment and undistorted and fair competition between operators, especially small and medium enterprises. Occasional national passenger services might as well provide their services under the same conditions as occasional international passenger services in terms of the distance travelled or the duration or services rendered to passengers. Occasional national passenger services should therefore also benefit from such possibility.

Added:Recital 10 a (new): (10a) In order to ensure effective and efficient enforcement, improved control measures and requirements should be established taking full advantage of digital tools. To allow for checks on the derogation to postpone the daily rest period and the possibility to postpone the weekly rest period for up to 12 consecutive 24 hour periods, a digital journey form should be electronically registered prior to the start of the journey in addition to the tachograph records and the printout from the recording equipment or the duty roster. The digital forms should be accessible in real time during road side checks and be solely used for controls of compliance and enforcement. For this purpose the Commission should develop a multilingual interface on the basis of the Internal Market Information (IMI) system to allow operators to upload their digital journey forms.

Changed:Article 1 – paragraph 1 – point 2, Article 7 – paragraph 4:3 a (new): For a driver engaged in an occasional passenger service the break referred to in the first paragraph may also be replaced by two or three breaksbreaks, of at least 15 minutes each, distributed freely over the driving period referred to in the first paragraph, in such a way as to comply with the first paragraph.;