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The prohibition of long rest in the truck cab is in force in Italy


The prohibition of long rest in the truck cab is in force in Italy
Since April 30, 2018, the Ministry of the Interior has entered into force that provides for sanctions, even quite salty, in the event that the driver of a truck carries out a long weekly rest, ie that of 45 hours in the cabin.
It would seem like a trifle, but the Community legislator wanted to regulate this aspect, because the cab of a truck in itself is a cramped and uncomfortable place to rest, and because the psychophysical conditions are important especially for a person who drives of a vehicle, which is long distances, must be properly rested in order not to constitute a danger to road safety for itself and for others.
With a view to improving working conditions, the European Union issued Regulation no. 561/2006 which provides in art. 8 an explicit prohibition for drivers who carry out the regular weekly rest period, ie that of 45 hours, on board a vehicle.
The European regulation has always been since its enactment directly applicable in every state of the European Union, but in Italy there was much discussion in the last legislature on this issue and two senators of the Senate Transport Commission had proposed an amendment to be attached to the Mezzogiorno decree which contained the prohibition of rest in the cabin, but the Budget Commission of the Senate rejected the amendment, ruling it as inadmissible because it was not relevant to the matter dealt with in the decree. And so, in fact, he did not come to the discussion in the House.
With the new legislature officially starting with the confidence of the new government, it is expected that someone will resume this amendment, but it is not something that will happen in a short time; in the meantime, as we said at the beginning, the Ministry of the Interior, in agreement with the General Direction for Road Transport of the Ministry of Infrastructures and Transport, issued the aforementioned circular, stating that the Traffic Police in case of detention of a vehicle can ascertain that the weekly rest on board the vehicle is not enjoyed, as it is carried out under unsuitable conditions in accordance with the regulations in force. Consequently, the Traffic Police could contest the violation provided for by art. 174, paragraph 7, of the Highway Code, in the most serious hypothesis indicated in the third period.
Obviously, the violation can be challenged only when it is committed, it is followed by the withdrawal of driving documents with warning not to resume the journey until the completion of the prescribed rest in the correct mode.

 

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