Now it’s official no more 45h sleeping in the vehicles “The Cab is not an apartment”
In Europe, the Professional Drivers are not allowed to spend their regular weekly rest period in the vehicle. The European Court of Justice (ECJ) came to this verdict after many years of litigation on Wednesday (20 Dec 2017) in Luxembourg (Judgment of 20.12.2017 Case: C-102/16)
In the road transport sector, drivers are not allowed to spend their regular weekly rest periods in their vehicles. On the other hand, the reduced weekly rest period may be spent in the vehicle under certain conditions.
The transport company Vaditrans had filed a lawsuit in August 2014, because in Belgium, a fine of 1,800 euros can be imposed if a driver spends the regular weekly rest period in his vehicle. The ECJ should decide on the correct interpretation of a corresponding EU regulation 561/2006.
The verdict was clear: it was clear from the regulation that the regular weekly rest period should not be spent in the vehicle. The aim of the legislature was to improve the working conditions of the drivers. If the drivers are allowed to spend the 45-hour break in the vehicle, this would miss the aim.
It is up to the Member States to determine which sanctions are appropriate to ensure the validity and effectiveness of EU Regulation 561/2006 said the ECJ. They have to pay attention that these sanctions are imposed according to objective and procedural rules which resemble those which apply in cases of type and severity to similar breaches of national law.
In the road transport sector, drivers are not allowed to spend their regular weekly rest periods in their vehicles. On the other hand, the reduced weekly rest period may be spent in the vehicle under certain conditions.
The transport company Vaditrans had filed a lawsuit in August 2014, because in Belgium, a fine of 1,800 euros can be imposed if a driver spends the regular weekly rest period in his vehicle. The ECJ should decide on the correct interpretation of a corresponding EU regulation 561/2006.
The verdict was clear: it was clear from the regulation that the regular weekly rest period should not be spent in the vehicle. The aim of the legislature was to improve the working conditions of the drivers. If the drivers are allowed to spend the 45-hour break in the vehicle, this would miss the aim.
It is up to the Member States to determine which sanctions are appropriate to ensure the validity and effectiveness of EU Regulation 561/2006 said the ECJ. They have to pay attention that these sanctions are imposed according to objective and procedural rules which resemble those which apply in cases of type and severity to similar breaches of national law.
