Drivers'hours in Common Market: Court decision
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by John Darker • A recent decision of the European Court of Justice touching on drivers' hours regulations will not have been welcomed by the European Commission. The Commission referred the issue of drivefs' hours, in particular whether the 8-hour driving day applicable in Common Market countries, or the 9-hour day accepted by members of the EEC in negotiations, on the AETR agreement, should apply from October 11970.
The Court's ruling accepted that the Commission was entitled to negotiate with non-member countries in relation to transport regulations but it held that the AETR agreement antedated the establishment of the Common Market; hence, the AETR agreements should continue to be binding.
This judgment means, in effect, that UK drivers will continue to be bound by the AETR rules, ie the 9-hour day regulations when operating in the Common Market. The odd situation has arisen, however, that the AETR rules have yet to be formally ratified. At least eight countries must do so. Britain and the six Common Market countries are signatories together, it is believed, with Sweden, Austria, Poland, Portugal, Switzerland, Spain and the Soviet Union.
Even when eight of the countries mentioned have ratified the AETR agreement, the effective date of implementation will be 180 days after ratification.
It is assumed that the Commission will put forward proposals before long which will clarify the present confused position. To be absolutely safe UK operators in the Common Market should not exceed eight hours driving daily. A nine-hour day, as permitted by the AETR rules, would conflict with the national law of certain Common Market countries, but would not involve British road transport operators in appreciable risk.