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DUTIES TO BE RECORDED UNDER SPECIFIC SYMBOLS

Under Article 15(3) Council Regulation (EEC) 3821/85

REGULATION (EC) No 561/2006 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 15 March 2006 amends Article 15(3) Council Regulation (EEC) 3821/85 in relation to working time.

Under Article 26

 “other work” means any activity other than driving, as defined in Article 3(a) of Directive 2002/15/EC of the European Parliament and of the Council of 11 March 2002 (see below), on the organisation of the working time of persons performing mobile road transport activities (*), and also any work for the same or another employer within or outside of the transport sector, and must be recorded under this sign.

DIRECTIVE 2002/15/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCILof 11 March 2002

For the purposes of this Directive:

(a) ‘working time’ shall mean:

1. in the case of mobile workers: the time from the beginning to the end of work, during which the mobile worker is at his workstation, at the disposal of the employer and exercising his functions or activities, that is to say:

— the time devoted to all road transport activities. These activities are, in particular, the following:

(i) driving;

(ii) loading and unloading;

(iii) assisting passengers boarding and disembarking

from the vehicle;

(iv) cleaning and technical maintenance;

(v) all other work intended to ensure the safety of the vehicle, its cargo and passengers or to fulfill the legal or regulatory obligations directly linked to the specific transport operation under way, including monitoring of loading and unloading, administrative formalities with police, customs, immigration officers etc., — the times during which he cannot dispose freely of his time and is required to be at his workstation, ready to take up normal work, with certain tasks associated with being on duty, in particular during periods awaiting loading or unloading where their foreseeable duration is not known in advance, that is to say either before departure or just before the actual start of the period in question, or under the general conditions negotiated between the social partners and/or under the terms of the legislation of the Member States;

c. Waiting time.  

i.e.. the time during which drivers need to remain at their posts  only for the purpose of answering any calls or to start or resume driving or to carry out other work.

 - time spent beside the driver whilst the vehicle is in motion

 - time spent in a bunk whilst the vehicle is in motion.

REGULATION (EC) No 561/2006 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 15 March 2006 amends Article 15(3) Council Regulation (EEC) 3821/85 in relation to periods of availability..

Under Article 26

Availability” defined in Article 3(b) of Directive 2002/15/EC must be recorded under this sign .

DIRECTIVE 2002/15/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 11 March 2002.

Article 2

Periods of availability

‘periods of availability’ shall mean:

— periods other than those relating to break times and rest times during which the mobile worker is not required to remain at his workstation, but must be

available to answer any calls to start or resume driving or to carry out other work. In particular such periods of availability shall include periods during which the mobile worker is accompanying a vehicle being transported by ferryboat or by train as well as periods of waiting at frontiers and those due to traffic prohibitions.

These periods and their foreseeable duration shall be known in advance by the mobile worker, that is to say either before departure or just before the actual start of the period in question, or under the general conditions negotiated between the social partners and/or under the terms of the legislation of the Member States,

— for mobile workers driving in a team, the time spent sitting next to the driver or on the couchette while the vehicle is in motion;

(c) ‘workstation’ shall mean:

— the location of the main place of business.

Each member states may permit all of the periods referred to in paragraph 3 b and c above to be recorded under the sign of the box.  In other words, all work other than driving can be recorded solely under the box, without the need to use crossed hammers.