A new decree came into force in France, which establishes new sanctions regarding the working schedule and rest periods.
Decree no. 2020-1088 of 24 August 2020 published in the Official Journal on 26 August 2020 introduces two new offenses relating to the weekly rest period applicable to the road transport of goods.
a) If the mandatory weekly rest period is delayed by less than 12 hours after 6 consecutive 24-hour periods from the previous weekly rest period, the fine is 750 euros.
b) If the mandatory weekly rest period is delayed by 12 or more hours after 6 consecutive 24-hour periods from the previous weekly rest period, the fine is 1,500 euros.
According to Reg. (EC) 561/2006, the weekly rest period must start at the latest at the end of 6 24-hour periods (from the end of the previous weekly rest period).
Decree 2020-1088 is applicable from August 27, 2020 and can be consulted/downloaded (in French) by accessing the link –https://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000042263180&categorieLien=id
Van drivers can no longer spend rest periods in the cab
France has regulated daily and weekly rest periods for drivers of light commercial vehicles up to 3.5 tonnes.
Decree no. 20201104 of 31 August 2020, published in the Official Gazette of France on 2 September, which came into force on 3 September, prohibits drivers of vans up to 3.5 tonnes from spending their daily and weekly rest periods in the cab
According to the decree, daily and weekly rest periods must be carried out in places that meet certain standards of safety, comfort and hygiene.
În cazul unui control, șoferii de autoutilitare trebuie să prezinte dovezi referitoare la locul unde și-au petrecut aceste repausuri constând în facturi de la hotel, contracte de închiriere locuință, rezervări online sau adresele prietenilor și toate datele de contact în cazul în care perioada de repaus nu a fost petrecută într-un loc clasificat pentru a oferii servicii de cazare.
Also, drivers of light commercial vehicles up to 3.5 tons are required to write down their work and rest periods in the “individual control booklet”, a document similar to the road map in Romania, but which contains all the details about the journey, periods of work and rest, respectively the places where the breaks were spent.
Fines of up to 1,500 euros for the employer (carrier)
The decree also establishes a contravention penalty for violating the provisions of article L. 3313-4 of the Transport Code, introduced by article 102 of the mobility orientation law.
Thus, if the employer (carrier) will cause the employee (driver) to perform his daily or weekly rest periods on board the vehicle or in an accommodation unit that does not offer safety, comfort and hygiene conditions, he will receive a class V fine, which can add up to 1,500 euros.
