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The Regulation amends Regulation No 1107/2006 on the freedom of movement for workers and the protection of workers, and Regulation No 1408/1991 on working time. The new regulation affects all employee associations and self-employed associations registered in the Member States and the European Union.
The application of the regulation gives rise to a wide spectrum of requirements such as ensuring that drivers receive rest periods and are provided with adequate meal breaks, that driver’s working hours are within the prescribed weekly limits, that transport time is limited to maximum daily and fortnightly periods, etc. The extent of the driving time and associated rest periods depends on the value of the loads transported and the distance to be travelled. Drivers and businesses are required to comply with the rules and have to provide a record of compliance to the entity responsible for enforcement.
The EC Regulation No 561/2006 also has the additional effect of establishing a series of rights for drivers. These include the right to rest periods (Article 5.5); the right to meal breaks (Article 5.4); the right to be provided with a book, and to receive it before the beginning of work (Article 6.2); the right to 12 working weeks of holidays with pay (Article 11); the right to “minimum rest and travel times” and to ensure that “the minimum rest and travel periods are no less than the appropriate minimum rest and travel times (Article 11.1 and 12.1); the right to be informed of the maximum daily and fortnightly limits for driving and rest periods (Article 12.3); the right to “the rest period shall be taken within the first three hours of the work period”, and the right to a “rest period of at least 10 consecutive hours within a maximum of 30 consecutive hours. The minimum rest period shall be a maximum of 48 consecutive hours” (Article 12.5).
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