Figures from February 2018 to the first week of December 2019 included 881 checks on truck parking spaces. Up to now 153 fines have been imposed by the ILT for non-compliance with the weekend rest. Of these, 99 are currently paid. Payment arrangements have been made in two cases. The payment term has not yet expired for other current matters.
In total, 238 penalty reports were drawn up by the ILT during this period. The final number of fines imposed by the Administrative Penalty Office (BBB) is lower because part of the fine reports are still pending, part of the fine reports drawn up relate to two violations (with a double crew), BBB sometimes refrains from imposing a fine and the objection against the fine imposed is sometimes declared well-founded.
Fraud at a major transport company
Since February 2018, the ILT has been carrying out structural checks on the weekend rest in the trucks. An administrative and criminal investigation into the said transport company is currently underway. The Minister of Nieuwenhuizen is currently not making any statements about the content of those investigations. During a raid on a large transport company, fraud was detected by the ILT and drivers were also forced to live illegally in their cabs for weeks.
No (new) legal prohibition is therefore not necessary.
The ILT checks compliance with the rules for working hours and rest periods in particular in the large parking areas where mainly large trucks are parked, which are manufactured and equipped by the major manufacturers. Experience has shown that these trucks offer sleeping facilities that drivers experience as adequate.
The ILT does not currently target each individual cabin, but does not recognize the image of improper sleeping facilities or even coffins.
In order to be able to spend the daily rest or the shortened weekly rest in the vehicle, it is already required that the sleeping facilities in that vehicle are decent.
On 20 December last, a majority of (ambassadors for) Member States (Coreper) took a positive decision on the agreement reached between the Presidency of the Council and the European Parliament on a number of important elements of the first Mobility Package.
In this agreement, the current rule for taking a shortened weekly rest continues to apply every second week, but some flexibility is built in for international transportation: under certain conditions, 2 consecutive shortened weekly rest periods may be taken consecutively. The European Parliament has yet to make a final decision on this agreement. That is expected to take place in January 2020.
Also read: Regulations for working and resting times for taxi transport for self-employed persons deviating
