The Spanish federation of transport associations calls on the Ministry of Transport to enforce laws prohibiting drivers from taking their 45-hour regular rest in the truck cab. It relies on the controversial sentence issued in December by the European Court of Justice.
Following the ruling of the Court of Justice of the European Union, which took place in December last year, the federation of Spanish transport associations Fenadismer asked the Minister of Transport Íñigo de la Serna to enforce the provisions of EC Regulation 561/2006. According to the judicial sentence, “EC Regulation 561/2006, which harmonises social regulations in road transport” obviously “provides that the regular weekly rest period should not be taken inside the vehicle. The goal of the legislator was to improve the working conditions of drivers. It is against the purpose of the Regulation for drivers to have a 45-hour break in their vehicles.”
Improvement of working conditions and the fight against unfair business practices
As the organisation emphasizes, these regulations are aimed not only at improving the working conditions of drivers, but also at combating unfair business practices and irregularities in the transport industry.
Fenadismer wants the Spanish government to introduce sanctions for spending the regular weekly rest in the truck cabin as soon as possible and to start conducting appropriate inspections.
In addition, the organisation relies on the content of the sentence, according to which EU member states should adjust their legal systems to the abovementioned regulation as soon as possible.
Member States should lay down rules on penalties applicable to infringements of the provisions of this Regulation and ensure that they are implemented. These penalties must be effective, proportionate, dissuasive, and non-discriminatory. The common scope of measures available to the Member States should also include the possibility of immobilizing the vehicle in the event of serious infringements being detected. The provisions on penalties or conduct contained in this Regulation should not violate national rules on the burden of proof,” reads the CJEU sentence.
The Dutch responded immediately to the decision of the Court, who informed on the very day of its announcement that they started to enforce the ban.
The Spanish transport resort has so far failed to address the federation’s request. We will keep you updated on further details.
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