- 23 Feb 2018
- Dorothée David
The ITM announces the suspension of reporting requirements relating to the posting of workers
The provisions relating to posting employees apply in principle to the goods and passenger transport sector, for cabotage operations in Luxembourg, as well as for cross-border transport from or to Luxembourg.
However, the ITM has recently specified that the reporting obligations for posting workers and verification of compliance with Luxembourg’s provisions relating to the minimum social wage for drivers posted within the context of the cross-border transport of goods or passengers, as well as cabotage operations that take place in Luxembourg, are currently suspended for the road transport sector. This suspension is due to the current discussions relating to the proposed Directive defining specific rules for posting drivers in the road transport sector, and, according to the ITM, should continue until these specific provisions have been transposed into national legislation.
The CJEU is opposed to weekly rest periods for drivers being spent in their vehicle
In a judgement dated 20 December 2017, the CJEU has ruled on the question of whether European social legislation applicable to road transport allows lorry drivers to take their normal weekly rest in their vehicle.
The case involved a Belgian transport company, which asked the courts to annul a national provision stipulating that a fine of 1,800 Euros is incurred when the driver of a lorry takes his/her normal weekly rest on his/her vehicle. According to the company, European Regulation 561/2006 of 15 March 2006 applicable to road transport (hereinafter “the Regulation”) does not specifically prohibit this kind of practice.
The Belgian Courts then referred the following question to the CJEU: does article 8, paragraphs 6 and 8 of the Regulation allow normal weekly rest to be spent inside the vehicle? No, was the CJEU’s response. Article 8 clearly distinguishes between normal weekly rest, of at least 45 hours, and reduced weekly rest, of less than 45 hours, and a minimum of 24 consecutive hours. According to article 8, only daily rest and reduced weekly rest away from base can be taken inside the vehicle, as long as the vehicle has suitable sleeping facilities and is stationary. The intention of the EU legislature is therefore not to allow any rest inside the lorry, and specifically, not the normal weekly rest of 45 hours, as such a situation would be inadequate in terms of the hygiene and well-being of drivers.
The CJEU specifies that this position fulfils the objectives of the Regulation to improve working conditions for drivers and road safety. Furthermore, although the design of vehicles, and in particular the cabins, has improved significantly over the last 20 years, a lorry’s cabin does not, according to the CJEU, appear to be a suitable resting place for longer rest periods than daily rest periods and reduced weekly rest periods.
To conclude, the CJEU pointed out that, according to the Regulation, it is up to national legislatures to adopt penalties that are effective, proportionate, dissuasive and non-discriminatory if the Regulation is breached, and so in particular for when normal weekly leave is taken on the vehicle.