Directive 1988/599 - Standard checking procedures for the implementation of Regulation (EEC) No 3820/85 on the harmonization of certain social legislation relating to road transport and Regulation (EEC) No 3821/85 on recording equipment in road transport - Main contents

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Council Directive 88/599/EEC of 23 November 1988 on standard checking procedures for the implementation of Regulation (EEC) No 3820/85 on the harmonization of certain social legislation relating to road transport and Regulation (EEC) No 3821/85 on recording equipment in road transport

Official Journal L 325 , 29/11/1988 P. 0055 - 0057

Finnish special edition: Chapter 5 Volume 4 P. 0135

Swedish special edition: Chapter 5 Volume 4 P. 0135

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COUNCIL DIRECTIVE

of 23 November 1988

on standard checking procedures for the implementation of Regulation (EEC) No 3820/85 on the harmonization of certain social legislation relating to road transport and Regulation (EEC) No 3821/85 on recording equipment in road transport

(88/599/EEC)

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular Article 75 thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the European Parliament (2),

Having regard to the opinion of the Economic and Social Committee (3),

Having regard to the resolution of the Council and the representatives of the Governments of the Member States, meeting within the Council, of 20 December 1985 to improve the implementation of the social regulations in road transport (4),

Whereas Regulations (EEC) No 3820/85 (5) and (EEC) No 3821/85 (6) are important for the creation of a common market for inland transport services;

Whereas proper application of the social regulations in road transport requires uniform and effective checking by Member States;

Whereas it is necessary to introduce minimum requirements to check compliance with the relevant provisions in order to reduce and prevent infringements;

Whereas the Portuguese Republic has only recently introduced checking procedures in road transport and should accordingly be permitted to defer the date of application of this Directive;

Whereas effective and efficient control throughout the Community will require the exchange of information on, and mutual assistance in, the enforcement of the regulations in Member States;

Whereas the exchange of information is compulsory and should take place at regular intervals;

Whereas uniform application of the social regulations on road transport is necessary to avoid distortions of competition between transport undertakings as well as to promote road safety and social progress,

HAS ADOPTED THIS DIRECTIVE:

Article 1

Checks

The objective of this Directive is to lay down minimum conditions for checking the correct and uniform application of Regulations (EEC) No 3820/85 and (EEC) No 3821/85.

Article 2

Checking systems

• 1. 

  Member States shall organize a system for appropriate and regular checks, both at the roadside and at premises of undertakings, covering each year a large and representative cross-section of drivers, undertakings and vehicles of all transport categories falling within the scope of Regulations (EEC) No 3820/85 and (EEC) No 3821/85.

• 2. 

  Each Member State shall organize checks in such a way that:

• - 

  they cover each year at least 1 % of days worked by drivers of vehicles falling within the scope of Regulations (EEC) No 3820/85 and (EEC) No 3821/85,

• - 

  not less than 15 % of the total number of the working days checked shall be checked at the roadside and not less than 25 % at the premises of undertakings.

• 3. 

  The number of drivers checked at the roadside, the numer of checks at premises of undertakings, the number of working days checked and the number of infringements reported shall be included, inter alia, in the information submitted to the Commission in accordance with Article 16 (2) of Regulation (EEC) No 3820/85.

Article 3

Roadside checks

• 1. 

  Roadside checks shall be organized in different places at any time, covering a sufficiently extensive part...

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