JUDGMENT OF THE COURT (Fifth Chamber)
18 January 2001 (1)
(Social legislation relating to road transport - Tachograph record sheets - Obligation to record periods of work, breaks in work and rest periods)
In Case C-297/99,
REFERENCE to the Court under Article 234 EC by Nottingham Magistrates' Court (United Kingdom), for a preliminary ruling in the criminal proceedings pending before that court against
Skills Motor Coaches Ltd,
B.J. Farmer,
C.J. Burley
and
B. Denman
on the interpretation of Article 15 of Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport (OJ 1985 L 370, p. 8),
THE COURT (Fifth Chamber),
composed of: A. La Pergola, President of the Chamber, M. Wathelet, D.A.O. Edward, P. Jann (Rapporteur) and L. Sevón, Judges,
Advocate General: A. Saggio,
Registrar: D. Louterman-Hubeau, Head of Division,
after considering the written observations submitted on behalf of:
- Skills Motor Coaches Ltd and Messrs Farmer, Burley and Denman, by M. Laprell, Barrister, instructed by Pellys, Solicitors,
- the United Kingdom Government, by M. Ewing, acting as Agent, and S. Masters, Barrister,
- the Swedish Government, by A. Kruse, acting as Agent,
- the Commission of the European Communities, by M. Wolfcarius and F. Benyon, acting as Agents,
having regard to the Report for the Hearing,
after hearing the oral observations of Skills Motor Coaches Ltd and Messrs Farmer, Burley and Denman, represented by M. Laprell; of the United Kingdom Government, represented by G. Amodeo, acting as Agent, and S. Masters; of the Netherlands Government, represented by J. van Bakel, acting as Agent; of the Swedish Government, represented by B. Hernqvist, acting as Agent; and of the Commission, represented by M. Shotter, acting as Agent, at the hearing on 21 June 2000,
after hearing the Opinion of the Advocate General at the sitting on 21 September 2000,
gives the following
Legal background
Community legislation
'In this regulation,
...
5. rest means any uninterrupted period of at least one hour during which the driver may freely dispose of his time.
'This regulation shall not apply to carriage by:
...
3. vehicles used for the carriage of passengers on regular services where the route covered by the service in question does not exceed 50 kilometres.
'2. Drivers shall use the record sheets every day on which they are driving, starting from the moment they take over the vehicle. The record sheet shall not be withdrawn before the end of the daily working period unless its withdrawal is otherwise authorised. No record sheet may be used to cover a period longer than that for which it is intended.
When, as a result of being away from the vehicle, a driver is unable to use the equipment fitted to the vehicle, the periods of time indicated in paragraph 3, second indent (b), (c) and (d) below shall be entered on the sheet, either manually, by automatic recording or other means, legibly and without dirtying the sheet.
Drivers shall amend the record sheets as necessary should there be more than one driver on board the vehicle, so that the information referred to in Chapter II (1) to (3) of Annex I is recorded on the record sheet of the driver who is actually driving.
3. Drivers shall:
- ensure that the time recorded on the sheet agrees with the official time in the country of registration of the vehicle,
- operate the switch mechanisms enabling the following periods of time to be recorded separately and distinctly:
(a) under the sign: [symbol not reproduced] driving time;
(b) under the sign: [symbol not reproduced] all other periods of work;
(c) under the sign: [symbol not reproduced] other periods of availability, namely:
- waiting time, i.e. the period during which drivers need remain at their posts only for the purpose of answering any calls to start or resume driving or to carry out other work,
- time spent beside the driver while the vehicle is in motion,
- time spent on a bunk while the vehicle is in motion;
(d) under the sign: [symbol not reproduced] breaks in work and daily rest periods.
The national legislation
Facts and procedure before the national court
'Are the requirements in Article 15(2) and (3) of Council Regulation (EEC) No 3821/85 for a driver to record all other periods of work and breaks in work and daily rest periods on the vehicle record sheet to be construed so that those terms include:
(a) a period of time spent travelling to take over a vehicle which is subject to the requirement to instal and use vehicle recording equipment in the circumstances set out in Category A above, i.e.
(i) time spent travelling pursuant to the instructions of the employer or
(ii) time (forming part of the daily or weekly rest period following the last period of work) during which the employee travels at a time and in a manner of his own choosing;
(b) a period of time spent performing driving or other duties which are exempt from the requirement to instal and use vehicle recording equipment in the circumstances set out in Category B above?
The question referred to the Court
The first part of the question
The second part of the question
Costs
40. The costs incurred by the United Kingdom, Netherlands and Swedish Governments and by the Commission, which have submitted observations to the Court, are not recoverable. Since these proceedings are, for the parties to the main proceedings, a step in the proceedings pending before the national court, the decision on costs is a matter for that court.
On those grounds,
THE COURT (Fifth Chamber),
in answer to the question referred to it by the Nottingham Magistrates' Court by order of 30 June 1999, hereby rules:
On a proper construction of Article 15 of Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport, a driver's obligation to record all other periods of work extends to:
- time which a driver necessarily spends travelling to take over a vehicle subject to the obligation to instal and use a tachograph and which is not at the driver's home or the employer's operational centre, regardless of whether the employer gave instructions as to when and how to travel or whether that choice was left to the driver;
- periods of driving spent by a driver whilst performing a transport service falling outside the scope of Regulation No 3821/85 before taking over a vehicle to which that regulation applies.
La Pergola Wathelet Edward
Jann Sevón
|
Delivered in open court in Luxembourg on 18 January 2001.
R. Grass A. La Pergola
Registrar President of the Fifth Chamber
1: Language of the case: English.