AETR agreement

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The AETR Agreement ( French: Accord Européen sur les Transports Routiers , German: " European Agreement on the Work of Driving Personnel Employed in International Road Transport" , English: "European Agreement concerning the work of crews of vehicles engaged in international Road Transport" ), determines the driving and rest times in commercial transport (truck and bus) across borders .

The English and French language versions of the Convention are equally authentic.

The Internal Committee of the Economic Commission for Europe (UNECE) is responsible for the agreement .

scope

AETR member states are: all EU states as well as Albania , Andorra , Armenia , Azerbaijan , Bosnia and Herzegovina , Georgia , Kazakhstan , Liechtenstein , North Macedonia , Moldova , Monaco , Montenegro , Norway , the Russian Federation , San Marino , Switzerland , Serbia , Tajikistan , Turkey , Turkmenistan , Ukraine , Uzbekistan and Belarus .

Germany has been a member of the agreement since 1976.

For Germany (as for all EU countries), the EC regulation 561/2006 as well as the driving personnel regulation (FPersV) and the working hours law (ArbZG) apply with priority to driving and rest times . Details can be found under driving and rest times . However, § 21a ArbZG contains the following reservation: "The regulations of VO (EG) 561/2006 and the AETR remain unaffected."

Contents / deviations from Regulation (EG) 561/2006

  • The AETR is only used in cross-border traffic.
  • The 6th AETR amendment largely aligns the AETR with Regulation (EC) 561/2006, but does not adopt it. More information on the content of Regulation (EC) 561/2006 under driving and rest times (see also below under "Innovations" ). The change then needs to be implemented in national law in all member states. The Federal Republic of Germany passed the 4th, 5th and 6th amendment to the AETR by law on November 9, 2011 ( Federal Law Gazette II p. 1095 ).
  • Deviations from Regulation (EG) 561/2006:
    • Crews with multiple drivers are exempt from the obligation to take at least two regular or one regular and one reduced weekly rest period within two weeks.

Innovations 2010

After Finland and the Netherlands also formally approved the proposed changes, the 6th amendment to the AETR agreement came into force on September 20, 2010 . The modified 12-day rule of Regulation (EC) 561/2006 therefore also applies to European traffic. As in Regulation (EC) 561/2006, the maximum weekly driving time is set at 56 hours. In addition, the installation of the digital tachograph became mandatory in the AETR member states outside the EU.

Additional notes

The admissibility of the provision within the EU, or the competence of the EU to conclude corresponding international agreements (even without an express legal basis in the European agreements) is referred to as the AETR doctrine .

Individual evidence

  1. ↑ [Rank, (see below at literature), Chapter 2: AETR, IB: Adaptation of the AETR to EU regulations, p. 77]
  2. ↑ Communication (with further information) of July 22nd, 2010 on the website of the online portal "Omnibus-Revue"
  3. ↑ EU social rules for truck drivers now also apply in 22 neighboring countries verkehrsrundschau.de from September 24, 2010 ( Memento from February 27, 2011 in the Internet Archive )

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See also

literature

  • Rang, Christoph: Driving and rest times in road traffic - driver law. 19th edition, 2010 [Verlag Heinrich Vogel], ISBN 978-3-574-23013-4 (note: also available as an e-book)
  • Rang, Christoph: Driving and rest times in road traffic - driver law. 20th edition, 2012 [Verlag Heinrich Vogel]