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New tricks
Page 28
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Brussels has until April next year to find a way to include owner-drivers within the working time regulations, following a recent vote to keep them out.
Words: Patric Cunnane fele recent surprise decision by the European Parliament's Employment Committee to exclude owner-drivers from the Road Transport Directive has left many observers wondering if it is simply time to move on and accept that this group has a permanent derogation from the 48-hour working week.
The European Commission (EC) would welcome such a move. It has objected to including owner-drivers on the grounds that policing the working time of the genuine self-employed is both impractical and impossible.
The EC would prefer to concentrate its fire on what it sees as the 'false sclf-employed' — those drivers who, in reality, are tied to just one employer, such as many in the construction sector are.
Continuing controversy
The derogation was supposed to end in March this year, and the continuing controversy has frustrated MEPs who see it simply as a matter of road safety — a tired driver, whether employed or self-employed, is a danger to other road users, and all should be covered by the same regulations. 'The vote at the end of September was narrow —25 to 24— proving that MEPs are divided on the issue. So the process of trying to find a compromise agreement continues. At the start of December. MEPs are meeting unions and business representatives to look for a way forward. After this meeting, the Employment Committee's rapporteur (sponsor) on the issue, Slovakian MEP Edit Bauer, will draft a new report.
The Employment Committee will talk about the new document towards the end of January 2010, with an amendments deadline of 5 February. At the same time, the Transport Committee will be expected to adopt the report.
The Employment Committee will debate proposed amendments on 22 February and 4 March, and the new proposals should be agreed in committee by the middle of March. Assuming this timetable isn't derailed, the full parliament will vote on the report in April.