Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

The Committee notes with interest the Government’s first report on the application of the Convention. Pending the translation of numerous legislative texts which will enable a detailed assessment of the application of the substantive provisions of the Convention, the Committee wishes to draw the Government’s attention to the following preliminary points.

Article 2, paragraph 1(a), of the Convention. Scope of application. The Committee notes the Government’s indication that section 2 of the Road Transport Act No. 4925 of 2003 excludes from its scope of application transport by private car, trailers powered by tractors, or transport vehicles belonging to public administration, municipalities or universities. In addition, section 2 of the Road Transport Regulation No. 25384 of 2004 excludes passenger transport operating within provincial borders, intercity passenger transport operating within 100 kilometres and local passenger transport operating within municipal borders. The Committee requests the Government to indicate any standards on driving time and rest periods for drivers engaged in any of the above excluded categories of road transport and to specify the legal instruments setting out such standards.

Article 3. Tripartite consultations. The Committee notes the Government’s reference to section 114 of the Labour Law (Act No. 4857 of 22 May 2003) concerning a tripartite advisory board established for promoting labour peace and industrial relations and for monitoring the preparation and implementation of labour legislation. It asks the Government to provide more detailed information on any consultations held on road transport-related matters prior to the adoption of the Road Transport Act and the Road Transport Regulation with the employers’ and workers’ organizations concerned and the results obtained.

Article 5, paragraphs 1 and 2. Driving hours and breaks. The Committee notes the Government’s indication that under section 98 of Regulation No. 25571 of 2004 on changes to the Road Traffic Regulation, drivers of vehicles over 3.5 tonnes or of vehicles carrying at least nine persons, are prohibited from driving more than nine hours in total in a day and four-and-a-half hours without a break. Recalling that the Convention requires that no driver be allowed to drive continuously for more than four hours (or five hours subject to authorization in particular conditions) without a break, the Committee requests the Government to specify the maximum limits of continuous driving and the length of breaks applicable to drivers of vehicles weighing less than 3.5 tonnes or carrying less than nine passengers.

Moreover, the Committee notes that the Government’s report does not contain references to specific legal provisions with regard to certain requirements of the Convention. It would therefore appreciate if the Government would indicate the legal provisions giving effect to the following: Article 6, paragraph 1 (maximum weekly driving time), and paragraph 3 (reduced driving time after heavy working week); Article 8 paragraph 5 (daily rest for drivers of vehicles equipped with sleeping facilities); Article 10 (maintenance of tachographs).

Part IV of the report form. While noting the statistical information concerning the number of road transport workers covered by the relevant legislation and the number of inspections carried out in the transport sector in 2006, the Committee would be grateful if the Government would continue to provide up to date information on the practical application of the Convention including, for instance, extracts from reports of the labour inspection services, official surveys of the road transport sector with special reference to working time issues, copies of relevant collective agreements, etc.