The new European rules on driving and rest time in road transport have led to an increased number of rest periods, but also to concerns and unwanted side effects. This is the main conclusion of research undertaken by the Flemish Foundation STV – Innovation and Work. On the basis of the study’s results, the Belgian sectoral social partners are calling for more flexibility in implementing the rules and better harmonisation of the controls between the Member States.
Since 1969, European legislation has been in place imposing minimum requirements on the rest periods that truck drivers must take and placing restrictions on their driving times. Three objectives were central to this regulation on driving times and rest periods, namely:
In 2006, this regulation was further revised – under Regulation (EC) No. 561/2006 – resulting in the addition of a fourth extra objective: improving the monitoring and enforcement by the Member States.
Following this revision, the Flemish Foundation for Technology Assessment (StichtingTechnologie Vlanderen, STV), now known as STV – Innovation and Work, which is part of the Flanders Social and Economic Council (SERV), decided to conduct a study (in Dutch, 2.82Mb PDF) on the rest periods and driving times of truck drivers. A total of 17 company cases in Belgium were investigated and interviews were organised with the relevant inspectorate. The effect of the new regulation in relation to the four objectives was investigated. This article summarises the research results in relation to the drivers’ working conditions.
In practice, the study found that drivers seem to be taking more breaks due to the new regulation and expanded monitoring possibilities. This increase includes breaks, as well as daily and weekly rest periods. However, the breaks are not always a quality form of rest.
In the case of long distance road transport, the limited daily driving times sometimes require drivers to sleep at unsuitable times and places. This is related to the type of activities that these drivers perform: their work consists mainly of driving times and rest periods, and of virtually no other work or periods of availability; this means that their maximum driving time is reached early in the day.
Drivers who engage in transport with frequent stops experience problems with respect to breaks. The new rule for the subdividing of breaks, together with the tight schedules, means that these drivers are regularly forced to rest at crucial working times – something which is a source of stress and annoyance.
Due to the improved observance of the regulation on driving times and rest periods, all driving time has also assumed greater importance for the company. For instance, if a driver uses their truck to drive home in the evening to observe their daily rest requirements, then this time is still counted as driving time and cannot be later used by the company.
Another problem concerns the fact that, due to unforeseen circumstances, drivers often do not have enough time left at the end of the day or week to drive home and begin their rest period. Strict compliance with the regulation on driving times and rest periods would therefore mean that the drivers must spend their daily rest period somewhere in a parking area close to home.
As a result of the improved observance of the regulation on driving times and rest periods, drivers are taking more daily and weekly rest breaks in practice. This should be to the advantage of their social and family life. However, the extra rest is not always taken at home.
Moreover, finding a good place to rest and sleep is not always easy, and the level of comfort in parking areas is often limited: factors such as high levels of noise, the risk of hold-ups and theft, limited toilet facilities or the lack of eating establishments often make the parking areas an insufficient place to rest. In addition, truck drivers increasingly have to stop on the approach and exit ramps of parking areas.
The revised regulation on driving times and rest periods, and stricter monitoring thereof, gives drivers less freedom to organise their own work. The strict registration of driving times is leading to a long list of often minor violations of the regulations. While these infringements are not always penalised in practice, drivers still feel that they are being too closely monitored.
Commentary
On the basis of the study’s findings, Belgium’s sectoral social partners have reacted by criticising the rigidity of the regulations. Both employer federations and trade unions have called for greater flexibility in the implementation of the new rules, along with an improvement in rest places and better harmonisation of the controls between the Member States (BE0801029I; see also the Belgian contribution to the 2007 EIRO comparative study on the Impact of the working time directive on collective bargaining in the road transport sector).
Guy Van Gyes, Higher Institute for Labour Studies (HIVA), Catholic University of Leuven