Regulation 2024/1258 - Amendment of Regulation (EC) No 561/2006 as regards minimum requirements on minimum breaks and daily and weekly rest periods in the occasional passenger transport sector and as regards Member States’ power to impose penalties for infringements of Regulation (EU) No 165/2014 committed in another Member State or in a third country - Main contents

Official Journal

of the European Union

EN

L series

2024/1258

2.5.2024

Good working conditions for drivers and fair business conditions for road transport undertakings are of paramount importance to create an efficient, safe and socially accountable road transport sector, ensure non-discrimination and attract qualified workers. It is therefore essential that Union social rules on road transport are clear, proportionate, fit for purpose, easy to apply and to enforce, and implemented in an effective and consistent manner throughout the Union.

The rules on maximum daily and weekly driving times, minimum breaks and daily and weekly rest periods laid down in Regulation (EC) No 561/2006 of the European Parliament and of the Council (3) apply to road transport operators and their drivers, regardless of whether they are involved in the carriage of passengers or goods or of whether, as regards the carriage of passengers, the transport is regular or occasional.

The specificities of the occasional road passenger transport sector are not shared by the road freight transport sector 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 by varying driving distances which depend on the touristic activities undertaken by passengers. It needs to accommodate passenger needs such as unscheduled and impromptu requests for additional stops and changes of the route or the schedule, where 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, during working time drivers can be subject to some additional activities, often resulting from interactions with passengers.

The ex post evaluation of Regulation (EC) No 561/2006 concluded that some of the uniform rules related to minimum breaks and rest periods do not fit the specificities of occasional road passenger transport services. Further assessments undertaken by the Commission in that respect have shown that some of the requirements of Regulation (EC) No 561/2006 on breaks and daily and weekly rest periods are unsuitable and impractical for drivers and operators engaged in occasional road passenger transport, as they have a negative impact on the ability to organise efficient and high-quality occasional passenger services, on the working conditions of drivers, and consequently on road safety.

It is therefore appropriate to adapt the requirements on minimum breaks and rest periods to fit the specific requirements of occasional road passenger transport services. It is also appropriate to align applicable rules for national and international occasional road passenger transport...