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Europe’s new trucking rules could harm industry, warns FTA – updated

[ April 5, 2019   //   ]

The European Parliament’s revision of the road haulage rules, agreed on 4 April, could damage the industry, warns the Freight Transport Association (FTA). It is urging EU Member States to amend critical elements of the package in upcoming negotiations.

European policy manager Sarah Laouadi, said that while the Parliament was an attempt to cut red tape, “the proposed rules leave too much room for interpretation as to who is eligible to these facilitations and are therefore likely to create enforcement issues.”

Parliament approved its position for its negotiations with the European Council on revised rules for posting of drivers, drivers’ rest times and better enforcement of cabotage rules, along with measures aimed at ending the use of ‘letterbox’ companies by hauliers.

Parliament wants to replace the existing restriction on the number of cabotage operations with a three-day time limit and introduce registration of border-crossings through vehicle tachographs.

There should also be a 60-hour ‘cooling-off’ period” to be spent in the home-country before carrying out another cabotage trip.

To fight use of letterbox companies, road haulage businesses would need to have “substantial activities” in the member state where they are registered, including operators of light commercial vehicles.

New EU-wide rules on posting of drivers will give a clear legal framework for applying posting of workers rules in the highly mobile transport sector, to prevent red tape caused by differing national approaches and ensure fair remuneration for drivers, says the Parliament.

The Parliament want the posting rules to apply to cabotage, and cross-border transport operations.

It also wants more use of digital technology and for national authorities to focus on companies with poor compliance records, while cutting back on random checks on law-abiding operators.

Operators will also have to organise their timetables so that drivers are able to return home at regular intervals of at least every four weeks) and the mandatory rest period at the end of the week should not be taken in the truck cab.

FTA does welcome aspects of the proposed package including the Parliament’s acknowledgement that “the current patchwork of admin requirements needed to demonstrate compliance with minimum wage rules in the various EU countries is not sustainable; it should be replaced with one single set of simplified rules.” Besides, the European Parliament is in favour of exempting some transport operations from minimum wage rules altogether.

However, FTA is disappointed that the European Parliament has not reversed the ban on drivers taking their regular weekly rests in the cab even though the lack of appropriate facilities makes it virtually impossible to comply with the ban. It calls on EU member states should push for flexibility and that the rule should only be applied when drivers park in safe and secure parking areas with reasonable levels of comfort and services, and investment encouraged in truck stops across Europe.

FTA points out that, whatever happens with Brexit, th new rules will affect UK hauliers, at least in the short term.

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