The Netherlands begins to issue punishments for violating the ban on spending a regular week break in the truck cabin, according to the “Transport and Logistics Poland” Employers’ Association.
At the beginning of December this year, the Dutch House of Representatives accepted the motion on the ban for drivers to spend their week break in the truck cabin. As emphasized by the TLN transport association, ‘the Netherlands does not want to be a Europe’s parking lot’, and the carriers there are demanding the introduction of appropriate regulations.
However, the case has gained momentum in connection with the judgment by the Court of Justice of the European Union which was issued yesterday regarding a Belgian carrier. The Dutch government decided to start enforcing violations related to the ban on spending the 45 hours rest period in the truck cabin. The penalty for breaking the ban will amount to EUR 1.5 thousand (about 6.3 thousand PLN).
Inspectorate informs how to avoid penalties
The employer is obliged to comply with this provision and it is his duty to enable the driver to return to the base, or to provide adequate social facilities”, the Dutch Environmental and Transport Inspectorate informs.
According to the Inspectorate’s recommendations, in order to avoid fines for the above violation, the employer should be kept informed of the driver’s inability to comply with the regulations on the weekly rest period, which will allow him to take appropriate remedial actions”, the official leaflet further states.
CJEU Judgment
Yesterday’s judgment ended the trial (C-102/16) that has been going on for several years. The Belgian carrier Valditrans filed a lawsuit in August 2014 regarding a fine imposed on one of the company’s employees. The truck driver spent the 45-hour pause in the truck cabin and was fined 1800 euros. The Court of Justice of the European Union was to decide on the correct interpretation of the Regulation. The judgment by the CJEU clearly states:
EU Regulation 561/2006, which harmonises social rules in road transport, provides that a regular weekly rest period should not be taken in the vehicle. The goal of the legislator was to improve the working conditions for drivers. It is against the purpose of the Regulation for drivers to spend their 45-hour break in the vehicle.’
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