Europese Overeenkomst nopens de arbeidsvoorwaarden voor de bemanningen van motorrijtuigen in het internationale vervoer over de weg (AETR)

For the purposes of this Agreement

1. (a)

   “vehicle” means any motor vehicle or trailer; this term includes any combination of vehicles;

2. (b)

   “motor vehicle” means any self-propelled road vehicle which is normally used for carrying persons or goods by road or for drawing, on the road, vehicles used for the carriage of persons or goods; this term does not include agricultural tractors;

3. (c)

   “trailer” means any vehicle designed to be drawn by a motor vehicle and includes semi-trailers;

4. (d)

   “semi-trailer” means any trailer designed to be coupled to a motor vehicle in such a way that part of it rests on the motor vehicle and that a substantial part of its weight and of the weight of its load is borne by the motor vehicle;

5. (e)

   “combination of vehicles” means coupled vehicles which travel on the road as a unit;

6. (f)

   ‘Permissible maximum mass’ means the maximum mass of the laden vehicle declared permissible by the competent authority of the State in which the vehicle is registered;

7. (g)

   ‘Carriage by road’ means any journey made entirely or in part on roads open to the public of a vehicle, whether laden or not, used for the carriage of passengers or goods;

8. (h)

   “international road transport” (“international carriage by road”) means road transport which involves the crossing of at least one frontier;

9. (i)

   ‘regular services’ means services which provide for the carriage of passengers at specified intervals along specified routes, passengers being taken up and set down at predetermined stopping points.

   Rules governing the operations of services or documents taking the place thereof, approved by the competent authorities of Contracting Parties and published by the carrier before coming into operation, shall specify the conditions of carriage and in particular the frequency of services, timetables, faretables and the obligation to accept passengers for carriage, in so far as such conditions are not prescribed by any law or regulation.

   Services by whomsoever organized, which provide for the carriage of specified categories of passengers to the exclusion of other passengers, in so far as such services are operated under the conditions specified in the first subparagraph of this definition, shall be deemed to be regular services. Such services, in particular those providing for the carriage of workers to and from their place of work or of schoolchildren to and from school, are hereinafter called ‘special regular services’;

10. (j)

    ‘Driver’ means any person, whether wage-earning or not, who drives the vehicle even for a short period, or who is carried on a vehicle as part of his duties in order to be available for driving if necessary;

11. (k)

    “crew member” means the driver or either of the following, whether wage-earning or not

    1. (i)

       a driver's mate, i.e. any person accompanying the driver in order to assist him in certain manoeuvres and habitually taking an effective part in the transport operations, though not a driver in the sense of paragraph (j) of this article;

    2. (ii)

       a conductor, i.e. any person who accompanies the driver of a vehicle engaged in the carriage of passengers and is responsible in particular for the issue or checking of tickets or other documents entitling passengers to travel on the vehicle;

12. (l)

    ‘week’ means the period between 0000 hours on Monday and 2400 hours on Sunday;

13. (m)

    ‘Rest’ means any uninterrupted period during which the driver may freely dispose of his time;

14. (n)

     ‘Break’ means any period during which a driver may not carry out any driving or any other work and which is used exclusively for recuperation;

15. (o)

    ‘Daily rest period’ means the daily period during which a driver may freely dispose of his time and covers a ‘regular daily rest period’ and a ‘reduced daily rest period’:

    • ‘Regular daily rest period’ means any period of rest of at least 11 hours. Alternatively, this regular daily rest period may be taken in two periods, the first of which must be an uninterrupted period of at least 3 hours and the second an uninterrupted period of at least 9 hours;

    • ‘Reduced daily rest period’ means any period of rest of at least 9 hours but less than 11 hours;

16. (p)

    ‘Weekly rest period’ means the weekly period during which a driver may freely dispose of his time and covers a ‘regular weekly rest period’ and a ‘reduced weekly rest period’:

    • ‘Regular weekly rest period’ means any period of rest of at least 45 hours;

    • ‘Reduced weekly rest period’ means any period of rest of less than 45 hours, which may, subject to the conditions laid down in article 8, paragraph (6), of the Agreement be shortened to a minimum of 24 consecutive hours;

17. (q)

    ‘Other work’ means all working activities except driving, including any work for the same or another employer, within or outside of the transport sector. It does not include waiting time and time not devoted to driving spent in a vehicle in motion, a ferryboat or a train;

18. (r)

    ‘Driving time’ means the duration of driving activity recorded automatically or semi-automatically or manually in the conditions defined in this Agreement;

19. (s)

    ‘Daily driving time’ means the total accumulated driving time between the end of one daily rest period and the beginning of the following daily rest period or between a daily rest period and a weekly rest period;

20. (t)

    ‘Weekly driving time’ means the total accumulated driving time during a week;

21. (u)

    ‘Driving period’ means the accumulated driving time from when a driver commences driving following a rest period or a break until he takes a rest period or a break. The driving period may be continuous or broken;

22. (v)

    ‘Multi-manning’ means the situation where, during each period of driving between any two consecutive daily rest periods, or between a daily rest period and a weekly rest period, there are at least two drivers in the vehicle to do the driving. For the first hour of multi-manning the presence of another driver or drivers is optional, but for the remainder of the period it is compulsory;

23. (w)

    ‘Transport undertaking’ means any natural person, any legal person, any association or group of persons without legal personality, whether profit-making or not, or any official body, whether having its own legal personality or being dependent upon an authority having such a personality, which engages in carriage by road, whether for hire or reward or for own account.