#ECJ bans ordinary weekly rest periods in vehicles

The European Court of Justice decided earlier this week that EU social legislation on road transport should be interpreted as prohibiting drivers to take their regular weekly rest period in their vehicle but allowing it for reduced weekly rest period subject to certain conditions.

The applicant, a transport company established in Belgium sought the annulment of a Belgium royal decree that established the imposition of penalties to lorry drivers that take their regular weekly rest period in their vehicle. The pleading made was that the relevant EU regulation did not establish such prohibition and therefore the Belgium royal decree could not establish those penalties.

After establishing that the main objective of the legal act is to improve working conditions for drivers, the Court analysed the terms used in the regulation for justifying the option of spending the rest period in the cabin vehicle.

The CJEU interpreted the legislation as allowing the daily resting period and the reduced weekly rest period in the cabin as long as it has suitable sleeping facilities and the vehicle is stationary. Nonetheless, it clarified that a lorry’s cabin does not constitute a suitable resting area for periods longer than daily and reduced weekly rest periods. Therefore, it established that the regulation should be interpreted as prohibiting drivers from spending their regular weekly resting period in the vehicle.

Finally, the ECJ concluded Member States are required to penalise infringements and that the Regulation clearly stated so.

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