Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

Hours of Work and Rest Periods (Road Transport) Convention, 1939 (No. 67) - Peru (Ratification: 1962)

1. The Committee notes the communication sent by the Government in reply to its previous observation. It notes with satisfaction the adoption of Presidential Decree No. 05-95-MTC regulating the public interprovincial road transport (passenger omnibus) service, which establishes, in section 57, a maximum of five hours for any continuous period of driving, in accordance with Article 14 of the Convention. It also notes that the same section requires the employer to keep a record of the hours of work and rest periods of the staff of each vehicle (Article 18, paragraph 2).

2. The Committee observes, however, that section 57 above allows up to 12 hours' driving to be accumulated in each 24-hour period. The Committee recalls that, according to Article 7 of the Convention, hours of work may not exceed eight in the day. It requests the Government to indicate how the personnel concerned can obtain the 12 consecutive hours of rest prescribed by Article 15, paragraph 1, of the Convention.

3. Subject to the comments it made previously, the Committee asks the Government to adopt similar regulations, inter alia for private road transport enterprises. Furthermore, it recalls that for many years it has been commenting on the application of Articles 7; 11; 13, paragraph 2; 15; 16, paragraph 1; and 18, paragraph 3, of the Convention. The Committee trusts that the Government will take the necessary measures at the earliest possible date to give full effect to these provisions and that in its next report it will provide full and detailed information on progress made.