The Belgian approach prevails: Truck drivers are no longer authorised to spend their weekly rest of
On 20th December 2017, the European Court of Justice has decided once and for all that the truck drivers are from now on prohibited to spend their weekly rest of 45 hours in the transport vehicle. With this decision, the truck drivers are finally released from every pressure of their supervisors, due to this upgraded social protection.
In the case “Vaditrans” against the Belgian Authorities, the company “Vaditrans” stated that spending the weekly rest in the transport vehicle, was not in contradiction with the European Regulation on driving times. Because of the fact that the Belgian State was not in the same state of mind, the Council of State thereto consulted the European Court of Justice.
In accordance to the Belgian (and also the German) approach towards this matter, the European Court of Justice decided that the possibility of spending the weekly rest in the transport vehicle itself, is in contradiction with the purpose of the European legislation to approve the work circumstances of truck drivers.
This judgement only ruled on the weekly rest of 45 hours, which means that the daily rest of 11 hours may still be spent in the vehicle, but only if it provides sleep facilities.
The decision will be of a great importance for East-European truck drivers and their protection against social dumping. Clarity has been made for all the member states of the European Union, which are from now on obligated to maintain this prohibition as stated by the European Court of Justice.
Source: : European Commission
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