Mobility and Transport

Road

Public consultation on the enhancement of the social legislation in road transport

Public consultation on the enhancement of the social legislation in road transport

Public consultation on the enhancement of the social legislation in road transport
Consultation period: 
05/09/2016
11/12/2016

Public consultation on the enhancement of the social legislation in road transport

Consultation period: 5/09/2016 - 11/12/2016

(Published results below)

Consultation period

This consultation will last for 14 weeks. Questionnaires should be returned by 11 December 2016 at the very latest.

The questionnaires are available in all official languages (except Irish Gaelic).

Target group

All citizens and organisations are welcome to contribute to this consultation.

The consultation can particularly be of interest for citizens or undertakings using road transport services in their activity, road transport workers and companies engaged in the transport chain.  It can also be of particular interest for regional, national or international public authorities and other organisations directly involved in the road transport sector.

Structure of the questionnaire

There are two questionnaires:

  1. General questionnaire addressed to drivers, operators, shippers, freight forwarders as well as a general public. (Published results)
  2. Specialised questionnaire for road transport authorities in the Member States, enforcement bodies, workers' organisations and industry associations. (Published results)

Summary of the results

Each questionnaire contains the following sections:

  1. Information about the respondent
  2. The social rules applicable to road transport and their potential shortcomings
  3. The possible revision of the social rules applicable to road transport and its potential impacts
  4. Subsidiarity and EU added value

Section 1 is obligatory for all respondents.

The questions in section 2 are designed to gather input from a broad audience on the identification of the main problems of the social rules applicable to road transport sector.

The questions in section 3 are of a more prospective nature and are primarily intended to gather input from stakeholders on possible policy options and their impacts on the sector.

Section 4 includes questions on the issue of subsidiarity.

Using the questionnaire

Contributions may be submitted in any EU language.

You can skip questions that you do not feel comfortable responding to. However, replies to questions marked with an asterisk are compulsory. You can also pause at any time and continue later. Once you have submitted your answers, you will be able to download a copy of your completed questionnaire.

Context and objective of the consultation

The framework of social rules in road transport and their enforcement is laid down in three interlinked legislative acts: 

  • the driving time Regulation (EC) 561/2006 establishes minimum requirements on daily and weekly driving times, breaks, daily and weekly rest periods, which must be observed by drivers and operators.
  • the working time Directive 2002/15/EC lays down the rules on the organisation of the working time of persons performing mobile road transport activities. It complements the Regulation's provisions by introducing the requirements on the maximum weekly working times, minimum breaks in work and on the night work.
  • the enforcement Directive 2006/22/EC sets out minimum requirements for Member States to check compliance by drivers and operators with the Regulation's provisions.

The policy objectives of this EU legislative framework are to protect transport mobile workers against adverse effects on their health and safety caused by inadequate working conditions, to improve road safety and to ensure fair competition between road transport operators.

The social legislation was the subject of an assessment of its functioning and effects in the context of the policy objectives and recent market developments in the framework of the ex post evaluation. The study comes to the conclusion that there are certain difficulties in application and enforcement of this legal framework that prevent the achievement of the road transport objectives: Evaluations.

In addition, the EU provisions on posting of workers set out in Directive 96/71/EC and the enforcement requirements laid down in Directive 2014/67/EU affect directly the functioning of the road transport sector, characterized by highly mobile workforce and cross-border nature of transport services.

The Commission proposal of 8 March 2016 on the targeted review of the Posted Workers Directive (Directive 96/71/EC) mentions that the implementation of the Directive to the international road transport sector raises legal questions and difficulties, which should be addressed through sector-specific legislation. Therefore the assessment of the issue of the posting of workers in international road transport will be part of this review of the road transport social legislation.

The consultation is aiming at:

  • providing to the wide public and stakeholders an opportunity to express their views on all elements relevant for the assessment of the functioning of the social rules in road transport, as well as to express their positions on the possible/desirable changes to the regulatory framework.
  • gathering specialised input (data and factual information, expert views) on specific aspects of the legislation (e.g. working and business conditions, enforcement methods and tools, etc.) from the enforcement community and from the industry, with the aim of filling the data and information gaps in view of finalizing the ex-post evaluation and preparing the impact assessment and the legislative proposal.

Transparency and confidentiality

Please note that contributions received from this survey, together with the identity of the contributor, will be published on the European Commission's website, unless the contributor objects to publication of the personal data on the grounds that such publication would harm his or her legitimate interests. In this case, the contribution may be published in anonymous form.

Explanations about the protection of personal data

The policy on "protection of individuals with regard to the processing of personal data by the Community institutions" is based on Regulation (EC) N° 45/2001 of the European Parliament and of the Council of 18 December 2000.

Important notice

As part of the European Transparency Initiative, organisations are invited to use the Register of interest representatives to provide the European Commission and the public at large with information about their objectives, funding and structures.

If you are not registered yet in this register, please visit: http://ec.europa.eu/transparencyregister/

Disclaimer

Please note that this document has been drafted for information and consultation purposes only. It has not been adopted or in any way approved by the European Commission and should not be regarded as representative of the views of Commission staff. It does not in any way prejudge, or constitute the announcement of, any position on the part of the Commission on the issues covered. The European Commission does not guarantee the accuracy of the information provided, nor does it accept responsibility for any use made thereof.