Local view for "http://purl.org/linkedpolitics/eu/plenary/2010-06-15-Speech-2-015"
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"en.20100615.4.2-015"2
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"Madam President, first of all, I want to thank the rapporteur Mrs Bauer for her hard work.
The core issue we are dealing with here in this report is whether to include, or exclude, self-employed drivers from the Working Time Directive. It is crucial to remember that all drivers, employed or self-employed, come under the 2006 driving time regulations which regulate their driving time, their break times and their rest periods. Therefore, road safety matters are dealt with adequately under that directive, and, if anybody believes that they are not, then we need to look at the Driving Time Directive.
There is no data relating accidents to the working time of professional drivers and no data distinguishing between employed and self-employed drivers. Therefore, we have no data on a decision to include self-employed drivers. Legislation must be based on sound reliable data and all the scaremongering about self-employed drivers working 86 hours per week and causing accidents is just that: it is scaremongering and is not based on any reliable data.
This legislation, if it includes self-employed, will be virtually unenforceable. Are we to have an army of inspectors looking over the shoulders of self-employed workers to see if they are performing general administrative duties or administration relating to the job under way? According to the legislation, working time includes when a self-employed person is at their work station. This is defined in the legislation as the main place of business of the undertaking, together with its various subsidiary places of business. Will the office located in the small bedroom or the attic of the self-employed driver’s home be defined as his work station, and who will police and enforce the legislation? Yes, there are issues relating to competition for self-employed, but this legislation will not deal with those matters. In fact, in my own country, we deal very effectively with this matter through the tax system.
Finally, if we reject the Commission proposal, we will end up with bad law. It is disproportionate and will not achieve its aims, and it will pile further red tape and bureaucracy on already struggling SMEs in most countries and particularly in my own country, Ireland. It is unenforceable, and that makes an ass of the law."@en1
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