2010-09-20 | BWBV0004455 | Europese Overeenkomst nopens de arbeidsvoorwaarden voor de bemanningen van motorrijtuigen in het internationale vervoer over de weg (AETR)
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@ -21,21 +21,37 @@ For the purposes of this Agreement
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(c) “trailer” means any vehicle designed to be drawn by a motor vehicle and includes semi-trailers;
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(d) “semi-trailer” means any trailer designed to be coupled to a motor vehicle in such a way that part of it rests on the motor vehicle and that a substantial part of its weight and of the weight of its load is borne by the motor vehicle;
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(e) “combination of vehicles” means coupled vehicles which travel on the road as a unit;
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(f) “permissible maximum weight” means the maximum weight of the laden vehicle declared permissible by the competent authority of the State in which the vehicle is registered;
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(g) ‘carriage by road’ means any journey made on roads open to the public of a vehicle, whether laden or not, used for the carriage of passengers or goods;
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(f) ‘Permissible maximum mass’ means the maximum mass of the laden vehicle declared permissible by the competent authority of the State in which the vehicle is registered;
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(g) ‘Carriage by road’ means any journey made entirely or in part on roads open to the public of a vehicle, whether laden or not, used for the carriage of passengers or goods;
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(h) “international road transport” (“international carriage by road”) means road transport which involves the crossing of at least one frontier;
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(i) ‘regular services’ means services which provide for the carriage of passengers at specified intervals along specified routes, passengers being taken up and set down at predetermined stopping points.
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Rules governing the operations of services or documents taking the place thereof, approved by the competent authorities of Contracting Parties and published by the carrier before coming into operation, shall specify the conditions of carriage and in particular the frequency of services, timetables, faretables and the obligation to accept passengers for carriage, in so far as such conditions are not prescribed by any law or regulation.
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Services by whomsoever organized, which provide for the carriage of specified categories of passengers to the exclusion of other passengers, in so far as such services are operated under the conditions specified in the first subparagraph of this definition, shall be deemed to be regular services. Such services, in particular those providing for the carriage of workers to and from their place of work or of schoolchildren to and from school, are hereinafter called ‘special regular services’;
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(j) “driver” means any person, whether wage-earning or not, who drives the vehicle even for a short period, or who is carried on the vehicle in order to be available for driving if necessary;
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(j) ‘Driver’ means any person, whether wage-earning or not, who drives the vehicle even for a short period, or who is carried on a vehicle as part of his duties in order to be available for driving if necessary;
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(k) “crew member” means the driver or either of the following, whether wage-earning or not
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(i) a driver's mate, i.e. any person accompanying the driver in order to assist him in certain manoeuvres and habitually taking an effective part in the transport operations, though not a driver in the sense of paragraph (*j*) of this article;
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(ii) a conductor, i.e. any person who accompanies the driver of a vehicle engaged in the carriage of passengers and is responsible in particular for the issue or checking of tickets or other documents entitling passengers to travel on the vehicle;
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(l) ‘week’ means the period between 0000 hours on Monday and 2400 hours on Sunday;
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(m) ‘rest’ means any uninterrupted period of at least one hour during which the driver may freely dispose of his time.
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(m) ‘Rest’ means any uninterrupted period during which the driver may freely dispose of his time;
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(n) ‘Break’ means any period during which a driver may not carry out any driving or any other work and which is used exclusively for recuperation;
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(o) ‘Daily rest period’ means the daily period during which a driver may freely dispose of his time and covers a ‘regular daily rest period’ and a ‘reduced daily rest period’:
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– ‘Regular daily rest period’ means any period of rest of at least 11 hours. Alternatively, this regular daily rest period may be taken in two periods, the first of which must be an uninterrupted period of at least 3 hours and the second an uninterrupted period of at least 9 hours;
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– ‘Reduced daily rest period’ means any period of rest of at least 9 hours but less than 11 hours;
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(p) ‘Weekly rest period’ means the weekly period during which a driver may freely dispose of his time and covers a ‘regular weekly rest period’ and a ‘reduced weekly rest period’:
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– ‘Regular weekly rest period’ means any period of rest of at least 45 hours;
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– ‘Reduced weekly rest period’ means any period of rest of less than 45 hours, which may, subject to the conditions laid down in article 8, paragraph (6), of the Agreement be shortened to a minimum of 24 consecutive hours;
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(q) ‘Other work’ means all working activities except driving, including any work for the same or another employer, within or outside of the transport sector. It does not include waiting time and time not devoted to driving spent in a vehicle in motion, a ferryboat or a train;
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(r) ‘Driving time’ means the duration of driving activity recorded automatically or semi-automatically or manually in the conditions defined in this Agreement;
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(s) ‘Daily driving time’ means the total accumulated driving time between the end of one daily rest period and the beginning of the following daily rest period or between a daily rest period and a weekly rest period;
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(t) ‘Weekly driving time’ means the total accumulated driving time during a week;
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(u) ‘Driving period’ means the accumulated driving time from when a driver commences driving following a rest period or a break until he takes a rest period or a break. The driving period may be continuous or broken;
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(v) ‘Multi-manning’ means the situation where, during each period of driving between any two consecutive daily rest periods, or between a daily rest period and a weekly rest period, there are at least two drivers in the vehicle to do the driving. For the first hour of multi-manning the presence of another driver or drivers is optional, but for the remainder of the period it is compulsory;
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(w) ‘Transport undertaking’ means any natural person, any legal person, any association or group of persons without legal personality, whether profit-making or not, or any official body, whether having its own legal personality or being dependent upon an authority having such a personality, which engages in carriage by road, whether for hire or reward or for own account.
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### Artikel 2
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@ -43,30 +59,26 @@ Services by whomsoever organized, which provide for the carriage of specified ca
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**2.**
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Nevertheless,
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Nevertheless, unless the Contracting Parties whose territory is used agree otherwise, this Agreement shall not apply to international road transport performed by:
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(a) if in the course of an international road transport operation one or more crew members do not leave the national territory in which they normally exercise their occupational activities, the Contracting Party for that territory shall be free not to apply to him or them the provisions of this Agreement;
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(b) Unless the Contracting Parties whose territory is used agree otherwise, this Agreement shall not apply to the international road transport of goods performed by:
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- 1. Vehicles used for the carriage of goods where the permissible maximum weight of the vehicle, including any trailer or semi-treiler, does not exceed 3.5 tonnes;
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- 2. Vehicles used for the carriage of passengers which, by virtue of their construction and equipment are suitable for carrying not more than nine persons, including the driver, and are intended for that purpose;
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- 3. Vehicles used for the carriage of passengers on regular services where the route covered by the service in question does not exceed 50 kilometers;
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- 4. Vehicles with a maximum authorized speed not exceeding 30 kilometres per hour;
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- 5. Vehicles used by or under the control of the armed services, civil defence, fire services, and forces responsible for maintaining public order;
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- 6. Vehicles used in connection with the sewerage, flood protection, water, gas and electricity services, highway maintenance and control, refuse collection and disposal, telegraph and telephone services, carriage of postal articles, radio and television broadcasting and the detection of radio or television transmitters or receivers;
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- 7. Vehicles used in emergencies or rescue operations;
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- 8. Specialized vehicles used for medical purposes;
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- 9. Vehicles transporting circus and fun-fair equipment;
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- 10. Specialized breakdown vehicles;
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- 11. Vehicles undergoing road tests for technical development, repair or maintenance purposes, and new or rebuilt vehicles which have not yet been put into service;
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- 12. Vehicles used for non-commercial carriage of goods for personal use;
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- 13. Vehicles used for milk collection from farms and the return to farms of milk containers or milk products intended for animal feed.
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a) Vehicles used for the carriage of goods where the permissible maximum mass of the vehicle, including any trailer or semi-trailer, does not exceed 3.5 tonnes;
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b) Vehicles used for the carriage of passengers which, by virtue of their construction and equipment, are suitable for carrying not more than nine persons, including the driver, and are intended for that purpose;
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c) Vehicles used for the carriage of passengers on regular services where the route covered by the service in question does not exceed 50 kilometres;
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d) Vehicles with a maximum authorized speed not exceeding 40 kilometres per hour;
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e) Vehicles owned or hired without a driver by the armed services, civil defence services, fire services, and forces responsible for maintaining public order when the carriage is undertaken as a consequence of the tasks assigned to these services and is under their control;
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f) Vehicles used in emergencies or rescue operations, including the non-commercial transport of humanitarian aid;
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g) Specialized vehicles used for medical purposes;
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h) Specialized breakdown vehicles operating within 100 kilometres of their base;
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i) Vehicles undergoing road tests for technical development, repair or maintenance purposes, and new or rebuilt vehicles which have not yet been put into service;
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j) Vehicles with a maximum permissible mass not exceeding 7.5 tonnes used for non-commercial carriage of goods;
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k) Commercial vehicles which have a historical status according to the legislation of the Contracting Party in which they are being driven and which are used for the non-commercial carriage of passengers or goods.
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### Artikel 3
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**1.** Each Contracting Party shall apply in its territory, in respect of international road transport performed by any vehicle registered in the territory of a State which is not a Contracting Party to this Agreement, provisions not less strict than those laid down in articles 5, 6, 7, 8, 9 and 10 of this Agreement.
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**2.** It shall be open to any Contracting Party, in the case of a vehicle registered in a State which is not a Contracting Party to this Agreement, merely to require, in lieu of a control device conforming to the specifications in the annex to this Agreement, daily record sheets, completed manually by the driver.
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**2.** a) However, it shall be open to any Contracting Party, in the case of a vehicle registered in a State which is not a Contracting Party to this Agreement, merely to require, in lieu of a control device conforming to the specifications in the Annex to this Agreement, daily record sheets completed manually by each crew member for the period of time from the moment of entry into the territory of the first Contracting Party.
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b) For this purpose, each crew member shall write on his record sheet the information concerning his professional activities and rest periods, using the appropriate graphic symbols as defined in article 12 of the Annex to this Agreement.
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### Artikel 4
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@ -96,17 +108,15 @@ c) he must hold a certificate of professional competence recognized by one of th
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### Artikel 6
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**1.**
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**1.** The daily driving time, as defined in article 1, paragraph (s), of this Agreement, shall not exceed 9 hours. It may be extended to at most 10 hours not more than twice during the week.
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The driving period between any two daily rest periods or between a daily rest period and a weekly rest period, hereinafter called ‘daily driving period’, shall not exceed nine hours. It may be extended twice in any one week to 10 hours.
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**2.** The weekly driving time, as defined in article 1, paragraph (t), of this Agreement, shall not exceed 56 hours.
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A driver must after no more than six daily driving periods, take a weekly rest period as denned in article 8 (3).
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**3.** The total accumulated driving time during any two consecutive weeks shall not exceed 90 hours.
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The weekly rest period may be postponed until the end of the sixth day if the total driving time over the six days does not exceed the maximum corresponding to six daily driving periods.
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**4.** Driving periods shall include all driving in the territory of Contracting and non-Contracting Parties.
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In the case of the international carriage of passengers, other than on regular services, the terms ‘six’ and ‘sixth’ in the second and third subparagraphs shall be replaced by ‘twelve’ and ‘twelfth’ respectively.
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**2.** The total period of driving in any one fortnight shall not exceed ninety hours.
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**5.** A driver shall record as other work any time spent as described in article 1, paragraph (q), as well as any time spent driving a vehicle used for commercial operations not falling within the scope of this Agreement, and shall record any periods of availability, as set out in article 12, paragraph 3 (c), of the Annex to this Agreement. This record shall be entered either manually on a record sheet or printout or by use of the manual input facilities of the recording equipment.
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### Artikel 6 bis
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@ -114,47 +124,77 @@ Vervallen
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### Artikel 7
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**1.** After four-and-a-half hours’ driving, the driver shall observe a break of at least forty-five minutes, unless he begins a rest period.
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**1.** After a driving period of four and a half hours, a driver shall take an uninterrupted break of not less than 45 minutes, unless he begins a rest period.
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**2.** This break may be replaced by breaks of at least fifteen minutes each distributed over the driving period or immediately after this period in such a way as to comply with the provisions of paragraph 1.
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**2.** This break, as defined in article 1, paragraph (n), of this Agreement, may be replaced by a break of at least 15 minutes followed by a break of at least 30 minutes each distributed over the driving period or immediately after this period in such a way as to comply with the provisions of paragraph 1.
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**3.** During these breaks, the driver may not carry out any other work. For the purposes of this article, the waiting time and time not devoted to driving spent in a vehicle in motion, a ferry, or a train shall not be regarded as ‘other work’.
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**3.** For the purposes of this article, the waiting time and time not devoted to driving spent in a vehicle in motion, a ferryboat or a train shall not be regarded as ‘other work’, as defined in article 1, paragraph (q), of this Agreement, and will be able to be qualified as a ‘break’.
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**4.** The breaks observed under this article may not be regarded as daily rest periods.
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### Artikel 8
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**1.** A driver shall take daily and weekly rest periods as defined in article 1, paragraphs (o) and (p).
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**2.**
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Within each period of 24 hours after the end of the previous daily rest period or weekly rest period, a driver shall have taken a new daily rest period.
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If the portion of the daily rest period which falls within that 24-hour period is at least 9 hours but less than 11 hours, then the daily rest period in question shall be regarded as a reduced daily rest period.
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**3.** By way of derogation from paragraph 2, within 30 hours of the end of a daily or weekly rest period, a driver engaged in multi-manning must have taken a new daily rest period of at least 9 hours.
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**4.** A daily rest period may be extended to make a regular weekly rest period or a reduced weekly rest period.
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**5.** A driver may have at most three reduced daily rest periods between any two weekly rest periods.
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**6.**
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a) In any two consecutive weeks, a driver shall take at least:
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(i) Two regular weekly rest periods; or
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(ii) One regular weekly rest period and one reduced weekly rest period of at least 24 hours. However, the reduction shall be compensated by an equivalent period of rest taken *en bloc* before the end of the third week following the week in question.
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A weekly rest period shall start no later than at the end of six 24-hour periods from the end of the previous weekly rest period.
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b) By way of derogation from paragraph 6 (a), a driver engaged in a single service of international carriage of passengers, other than a regular service, may postpone the weekly rest period for up to twelve consecutive 24-hour periods following a previous regular weekly rest period, provided that:
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(i) the service lasts at least 24 consecutive hours in a Contracting Party or a third country other than the one in which the service started, and
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(ii) the driver takes after the use of the derogation:
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a. either two regular weekly rest periods, or
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b. one regular weekly rest period and one reduced weekly rest period of at least 24 hours. However, the reduction shall be compensated by an equivalent period of rest taken *en bloc* before the end of the third week following the end of the derogation period,
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and
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(iii) four years after the country of registration has implemented the digital tachograph, the vehicle is equipped with recording equipment in accordance with the requirements of Appendix 1B of the Annex, and
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(iv) after 1 January 2014, in case of driving during the period from 22:00 to 06:00, the vehicle is multi-manned or the driving period referred to in Article 7 is reduced to three hours.
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c) By way of derogation from paragraph 6 (a), drivers who are engaged in multi manning shall take each week a regular weekly rest period of at least 45 hours. This period may be reduced to a minimum of 24 hours (reduced weekly rest period). However, each reduction shall be compensated by an equivalent period of rest taken *en bloc* before the end of the third week following the week in question.
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A weekly rest period shall start no later than at the end of six 24-hour periods from the end of the previous weekly rest period.
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**7.** Any rest taken as compensation for a reduced weekly rest period shall be attached to another rest period of at least 9 hours.
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**8.** Where a driver chooses to do this, daily rest periods and reduced weekly rest periods taken away from base may be taken in a vehicle, as long as it has specially fitted sleeping facilities for each driver as foreseen by the constructor’s design, and it is stationary.
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**9.** A weekly rest period that falls in two weeks may be counted in either week, but not in both.
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### Artikel 8 bis
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**1.**
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In each period of twenty-four hours, the driver shall have a daily rest period of at least eleven consecutive hours, which may be reduced to a minimum of nine consecutive hours not more than three times in any one week, on condition that an equivalent period of rest be granted as compensation before the end of the following week.
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By way of derogation from article 8, where a driver accompanies a vehicle which is transported by ferryboat or train and takes a regular daily rest period, that period may be interrupted not more than twice by other activities provided the following conditions are fulfilled:
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On days when the rest is not reduced in accordance with the first subparagraph, it may be taken in two or three separate periods during the twenty-four hour period, one of which must be of at least eight consecutive hours. In this case the minimum length of the rest shall be increased to twelve hours.
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a) That part of the daily rest period spent on land must be able to be taken before or after the portion of the daily rest period taken on board the ferryboat or the train;
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b) The period between the portions of the daily rest period must be as short as possible and may on no account exceed a total of one hour before embarkation or after disembarkation, customs formalities being included in the embarkation or disembarkation operations.
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**2.** During eacht period of thirty hours when a vehicle is manned by at least two drivers, each driver shall have a rest period of not less than eight consecutive hours.
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During all the portions of the daily rest period, the driver shall have access to a bunk or couchette.
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**3.** In the course of each week, one of the rest periods referred to in paragraphs 1 and 2 shall be extended by way of weekly rest, to a total of forty-five consecutive hours. This rest period may be reduced to a minimum of thirty-six consecutive hours if taken at the place where the vehicle is normally based or where the driver is based, or to a minimum of twenty-four consecutive hours if taken elsewhere. Each reduction shall be compensated by an equivalent rest taken en bloc before the end of the third week following the week in question.
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**2.** Any time spent travelling to a location to take charge of a vehicle falling within the scope of this Agreement, or to return from that location, when the vehicle is neither at the driver’s home nor at the employer’s operational centre where the driver is normally based, shall not be counted as a rest or break unless the driver is in a ferryboat or train and has access to suitable sleeping facilities.
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**4.** A weekly rest period which begins in one week and continues into the following week may be attached to either of these weeks.
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**5.** In the case of the carriage of passengers to which article 6 (1), fourth subparagraph, applies, the weekly rest period may be postponed until the week following that in respect of which the rest is due and added on to that second week's weekly rest.
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**6.** Any rest taken as compensation for the reduction of the daily and/or weekly rest periods must be attached to another rest of at least eight hours and shall be granted, at the request of the person concerned, at the vehicle's parking place or driver's base.
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**7.** The daily rest period may be taken in a vehicle, as long as it is fitted with a bunk and is stationary.
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**8.**
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Notwithstanding the provisions in paragraph 1 above where a driver engaged in the carriage of goods or passengers accompanies a vehicle which is transported by ferryboat or train, the daily rest period may be interrupted not more than once, provided the following conditions are fulfilled:
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- that part of the daily rest period spent on land must be able to be taken before or after the portion of the daily rest period taken on board the ferryboat or the train,
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- the period between the two portions of the daily rest period must be as short as possible and may on no account exceed one hour before embarkation or after disembarkation, customs formalities being included in the embarkation or disembarkation operations,
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- during both portions of the rest period the driver must be able to have access to a bunk or couchette.
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The daily rest period, interrupted in this way, shall be increased by two hours.
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**3.** Any time spent by a driver driving a vehicle which falls outside the scope of this Agreement to or from a vehicle which falls within the scope of this Agreement and which is not at the driver’s home or at the employer’s operational centre where the driver is normally based shall count as ‘other work’.
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### Artikel 9
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Provided that road safety is not thereby jeopardized and to enable him to reach a suitable stopping place, the driver may depart from the provisions of this Agreement to the extent necessary to ensure the safety of persons, of the vehicle or of its load. The driver shall indicate the nature of and reason for his departure from those provisions on the record sheet of the control device or in his duty roster.
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Provided that road safety is not thereby jeopardized and to enable him to reach a suitable stopping place, the driver may depart from the provisions of this Agreement to the extent necessary to ensure the safety of persons, of the vehicle or of its load. The driver shall indicate the nature of and reason for his departure from those provisions on the record sheet or on a printout of the control device or in his duty roster, at the latest on arrival at a suitable stopping place.
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### Artikel 10
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@ -166,11 +206,19 @@ Provided that road safety is not thereby jeopardized and to enable him to reach
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### Artikel 11
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**1.** The undertaking shall so organize road transport operations that crew members are able to comply with the provisions of this Agreement.
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**1.** The undertaking shall organize road transport operations and properly instruct crew members so that they are able to comply with the provisions of this Agreement.
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**2.** It shall make a regular check of driving periods, hours of other work and rest periods by referring to all documents at its disposal such as the individual control books. Should it discover any breach of this Agreement it shall take prompt action to end it and to avoid its repetition, for example by changing hours of work and routes.
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**3.** Payments to wage-earning drivers, even in the form of bonuses or wage supplements, related to distances travelled and/or the amount of goods carried shall be prohibited, unless these payments are of such a kind as not to endanger road safety.
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**3.** Payments to wage-earning drivers, even in the form of bonuses or wage supplements, related to distances travelled and/or the amount of goods carried shall be prohibited, unless these payments are of such a kind as not to endanger road safety or encourage breaches of this Agreement.
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**4.**
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A transport undertaking shall be liable for infringements committed by drivers of the undertaking, even if the infringement was committed in the territory of another Contracting Party or a non-Contracting Party.
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Without prejudice to the right of Contracting Parties to hold transport undertakings fully liable, Contracting Parties may make this liability conditional on the undertaking’s infringement of paragraphs 1 and 2. Contracting Parties may consider any evidence that the transport undertaking cannot reasonably be held responsible for the infringement committed.
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**5.** Undertakings, consignors, freight forwarders, tour operators, principal contractors, subcontractors and driver employment agencies shall ensure that contractually agreed transport time schedules respect this Agreement.
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### Artikel 12
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@ -180,27 +228,21 @@ Each Contracting Party shall adopt all appropriate measures to ensure observance
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a) The competent administrations of the Contracting Parties shall organize the checks so that:
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– During each calendar year a minimum of 1% of the days worked by the drivers of vehicles to which this Agreement applies shall be checked;
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– At least 15% of the total number of working days checked shall be checked on the roadside and at least 25% on the premises of undertakings;
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(i) During each calendar year, a minimum of 1% of the days worked by the drivers of vehicles to which this Agreement applies shall be checked. From 1 January 2010, this percentage will increase to at least 2%, and from 1 January 2012, to at least 3%;
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(ii) At least 15% of the total number of working days checked shall be checked at the roadside and at least 25% on the premises of undertakings. From 1 January 2010, not less than 30% of the total number of working days checked shall be checked at the roadside and not less than 50% shall be checked on the premises of undertakings.
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b) The elements of roadside checks shall include:
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– Daily driving periods, interruptions and daily rest periods and, if there are evident irregularities, the record sheets of the preceding days which shall be on board the vehicle;
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(i) Daily and weekly driving periods, interruptions and daily and weekly rest periods;
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(ii) The record sheets of the preceding days, which shall be on board the vehicle, and/or the data stored for the same period on the driver card and/or in the memory of the control device and/or on the printouts, when required;
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(iii) The correct functioning of the control device.
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– The last weekly rest period, if appropriate;
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These checks shall be carried out without discrimination among vehicles, undertakings and drivers whether resident or not, and regardless of the origin or destination of the journey or type of tachograph.
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c) The elements of checks on the premises of undertakings shall include, apart from the elements subject to roadside checks and compliance with the provisions of article 11, paragraph 2, of the Annex:
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|
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– The correct functioning of the control device.
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|
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These checks shall be carried out without discrimination of vehicles and drivers, whether resident or not.
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c) The elements of checks on the premises of undertakings shall include, apart from the elements subject to roadside checks, in addition to compliance with Article 10, paragraph 3:
|
||||
|
||||
– Weekly rest periods and driving periods between these rest periods;
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– Two-weekly limits on hours of driving;
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|
||||
– Compensation for daily and weekly rest periods reduced in accordance with Article 8, paragraphs 1 and 3;
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||||
|
||||
– Use of recording sheets and/or the organization of drivers' working time.
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||||
(i) Weekly rest periods and driving periods between these rest periods;
|
||||
(ii) Two-weekly limits on hours of driving;
|
||||
(iii) Compensation for weekly rest periods reduced in accordance with article 8, paragraph 6;
|
||||
(iv) Use of record sheets and/or vehicle unit and driver card data and printouts and/or the organization of drivers’ working time.
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||||
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**2.**
|
||||
|
||||
|
|
@ -218,6 +260,29 @@ In case of serious breaches, such information shall include the penalty imposed.
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|||
|
||||
**5.** The United Nations Economic Commission for Europe shall issue a report every two years on the application by Contracting Parties of paragraph 1 of the present article.
|
||||
|
||||
**6.**
|
||||
|
||||
a) A Contracting Party shall authorize its competent authorities to impose a penalty on a driver for an infringement of this Agreement detected on its territory and for which a penalty has not already been imposed, even if that infringement has been committed in the territory of another Contracting Party or of a non-Contracting Party;
|
||||
b) A Contracting Party shall authorize its competent authorities to impose a penalty on an undertaking for an infringement of this Agreement detected on its territory and for which a penalty has not already been imposed, even if that infringement has been committed in the territory of another Contracting Party or of a non-Contracting Party.
|
||||
|
||||
By way of exception, when an infringement is detected which has been committed by an undertaking established in another Contracting Party or in a non-Contracting Party, the imposing of sanctions shall conform to the procedure foreseen in the bilateral road transport agreement between the Parties concerned.
|
||||
|
||||
Contracting Parties will examine, starting from 2011, the possibility of removing the exception in paragraph 6 (b), on the basis of the readiness of all Contracting Parties.
|
||||
|
||||
**7.** Whenever a Contracting Party initiates proceedings or imposes a penalty for a particular infringement, it shall provide the driver with due evidence of this in writing.
|
||||
|
||||
**8.** Contracting Parties shall ensure that a system of proportionate penalties, which may include financial penalties, is in force for infringements of this Agreement on the part of undertakings, or associated consignors, freight forwarders, tour operators, principal contractors, subcontractors and driver employment agencies.
|
||||
|
||||
### Artikel 12 bis
|
||||
|
||||
**1.** To facilitate international roadside checks, model standardized forms will be introduced, for use when required, in the Annex to this Agreement, which will be supplemented accordingly by a new Appendix 3. These forms will be introduced or amended in accordance with the procedure defined in article 22 ter.
|
||||
|
||||
**2.** The model forms shown in Appendix 3 are in no way binding. However, if they are used, they shall respect the contents as defined, in particular the numbering, order and titles of items.
|
||||
|
||||
**3.** Contracting Parties may supplement these data with additional information to satisfy national or regional requirements. This additional information must under no circumstances be required for transport originating in another Contracting Party or third country. For this purpose, it shall appear on the form totally separated from data defined for international traffic.
|
||||
|
||||
**4.** These forms shall be accepted at any roadside check carried out in the territory of Contracting Parties to this Agreement.
|
||||
|
||||
### Artikel 13
|
||||
|
||||
**1.** All the new provisions of the present Agreement, including its Annex and Appendices 1B and 2, relating to the introduction of a digital control device, shall become mandatory for countries which are Contracting Parties to this Agreement at latest four years after the date of entry into force of the relevant amendments resulting from the procedure specified in article 21. In consequence, all vehicles covered by this Agreement, put into service for the first time after the expiry of this period, shall be equipped with a control device conforming to these new requirements. During this four-year period, Contracting Parties, which have not yet implemented these amendments in their countries, shall accept and control on their territory vehicles registered in another Contracting Party to this Agreement, which are already equipped with such a digital control device.
|
||||
|
|
@ -233,6 +298,10 @@ If accession takes place less than two years before the expiry of the deadline r
|
|||
|
||||
The provisions of the preceding paragraph shall also apply in the event of the accession of a State after the expiry of the four-year deadline for implementation referred to in paragraph 1.
|
||||
|
||||
### Artikel 13 bis
|
||||
|
||||
The provisions referred to at the end of article 12, paragraphs 7 (a) and 7 (b), of the Annex to this Agreement shall apply three months after the present amendment has entered into force.
|
||||
|
||||
## Titel . Final provisions
|
||||
|
||||
### Artikel 14
|
||||
|
|
@ -349,6 +418,18 @@ Appendix 1B, adapted for the present Agreement from Annex IBAs last amended by C
|
|||
|
||||
**4.** When a proposal to amend the Annex to the present Agreement also implies an amendment to Appendix 1B, the amendments concerning the Appendix may not enter into force before those concerning the Annex. When, in this framework, amendments to Appendix 1B are presented at the same time as amendments to the Annex, their date of entry into force shall be determined by the date resulting from application of the procedures outlined in article 21.
|
||||
|
||||
### Artikel 22 ter
|
||||
|
||||
**1.** Appendix 3 to the Annex to this Agreement shall be amended in accordance with the following procedure.
|
||||
|
||||
**2.**
|
||||
|
||||
Any proposal to introduce into Appendix 3 model forms according to article 12 bis of this Agreement or modify existing forms shall be submitted, for adoption, to the Working Party on Road Transport of the Economic Commission for Europe. The proposal shall be deemed accepted if adopted by the majority of Contracting Parties present and voting.
|
||||
|
||||
The secretariat of the Economic Commission for Europe will officially inform the competent authorities of all Contracting Parties to this Agreement of any amendment thus adopted and, at the same time, will communicate this information to the Secretary-General accompanied by a copy of the relevant text.
|
||||
|
||||
**3.** Any model form thus adopted may be used three months after the date of communication of the information to Contracting Parties to this Agreement.
|
||||
|
||||
### Artikel 23
|
||||
|
||||
In addition to the notifications referred to in articles 20 and 21 of this Agreement, the Secretary-General of the United Nations shall notify the States referred to in article 14, paragraph 1, hereof of
|
||||
|
|
|
|||
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Reference in a new issue