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

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes that the Government does not reply to its 2009 direct request. Therefore, it refers to its previous comment and draws the Government’s attention on the following points:

Article 1 of the Convention. Scope of application. With regard to measures taken or contemplated specifically to regulate hours of work in private road transport services carrying passengers or goods, the Committee noted the Government’s indication that no measure had been adopted in this respect. The Committee therefore again requests the Government to provide information on any development in this respect.

Article 5. Weekly working hours. The Committee notes that section 30 of Supreme Decree No. 017-2009-MTC regulating public and private transport of persons and goods regulates daily hours of work and not weekly hours of work. Recalling that Article 5 of the Convention states that weekly working hours should not, in principle, exceed 48 in the week, the Committee again requests the Government to indicate the laws or regulations which give effect to this Article of the Convention.

Article 8. Maximum number of hours between the beginning and end of the working day. The Committee notes that section 30 of Supreme Decree No. 017 2009-MTC deals only with the maximum number of hours of driving per day. It recalls that the maximum number of hours referred to in Article 8 of the Convention includes time spent in work done during the running time of the vehicle, time spent in subsidiary work, periods of mere attendance, and breaks for rest and interruptions of work and not only the maximum number of hours of driving per day. The Committee therefore again requests the Government to indicate the legislative provisions which state the maximum number of hours which may be worked between the beginning and the end of the working day.

Article 17. Obligation to hold consultations. The Committee requests the Government to state whether the new legislation on transport of persons and goods was the subject of consultations with the employers’ and workers’ organizations concerned, as prescribed by this Article of the Convention.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes that public and private transport of persons and goods is currently regulated by Supreme Decree No. 017-2009-MTC, which substantially reproduces the provisions of Supreme Decree No. 009-2004-MTC analysed by the Committee in its previous comments. The Committee also notes the observations of the National Society of Industry (SNI), which were communicated with the Government’s report. Noting that the Government provides little information with regard to the issues raised in the Committee’s previous comments, the Committee hopes that the Government will provide detailed information on the following points.

Article 7 of the Convention. Daily hours of work. The Committee notes that by virtue of section 30(2) of Supreme Decree No. 017-2009-MTC, drivers of vehicles in the public transport of persons may not drive for more than five consecutive hours during the day or four consecutive hours at night. By virtue of the same section, the daily limit of work in each 24-hour period is ten hours. However, the Government clarifies that, pending the entry into force of this provision, such a limit will continue to be 12 hours. The Committee reminds the Government that Article 7(1) of the Convention provides that the hours of work of persons to whom the Convention applies shall not exceed eight in the day. Daily hours of work can only be extended under certain conditions, namely: (i) where the hours of work on one or more days of the week are less than eight and by no more than one hour per day (Article 7(2)); (ii) in respect of persons whose weekly hours of work do not exceed 48 in any week, or whose hours of work average 48 (Article 7(3)(a)); (iii) in respect of persons who ordinarily do a considerable amount of subsidiary work or whose work is frequently interrupted by periods of mere attendance (Article 7(3)(b)); (iv) in cases where lost time is made up (Article 9); (v) in cases where there is a shortage of skilled labour (Article 10); (vi) in the event of accident or other urgent necessity (Article 11); (vii) in cases of indispensable work in order to meet exceptional requirements in respect of the transport of passengers between hotel and station and also transport affected by funeral undertakings (Article 12); and (viii) in cases of overtime work (Article 13). The Committee requests the Government to bring its legislation into full conformity with the provisions of the Convention on these points. It requests the Government to provide information on any progress in this regard. The Committee notes the comment of the SNI according to which only limits on hours of work for vehicles engaged in the transport of persons on the road are regulated under the applicable legislation. The Committee requests the Government to provide information on legislation regulating limits on hours of work for vehicles engaged in the transport of goods.

Article 15. Daily rest. The Committee again requests the Government to indicate the steps taken or contemplated in order to bring its legislation into conformity with this provision of the Convention.

Article 16(1). Weekly rest. The Committee requests the Government to take the necessary steps without delay to ensure that drivers are granted the weekly rest period prescribed by this provision of the Convention.

Recalling its previous comments, the Committee encourages the Government to ratify the Hours of Work and Rest Periods (Road Transport) Convention, 1979 (No. 153), which entails ipso jure the immediate denunciation of Convention No. 67. The Committee requests the Government to continue to provide information on any decision taken or contemplated in this regard.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 1 of the Convention. Scope of application. Further to its previous comment regarding the legislation implementing the framework Act on public employment, the Committee notes the Government’s indication that the principal legislation adopted since the entry into force of the framework Act is Legislative Decree No. 1023, which establishes the National Civil Service Authority. It notes in particular that additional provision No. 10 of this Decree reaffirms the hours of work established by the National Constitution in the public sector and provides that these may not exceed eight hours per day and 48 hours per week.

Furthermore, as regards the regulations applicable to road transport in the private sector, the Committee notes Supreme Decree No. 048-88-TC concerning school transport and Supreme Decree No. 003-2005-MTC issuing national regulations on tourist land transport. It requests the Government, however, to send a copy of Supreme Decree No. 08-78-TC, as amended, concerning goods transport, which has still not been made available to the Office.

Finally, with regard to measures taken or contemplated specifically to regulate hours of work in private road transport services carrying passengers or goods, the Committee notes the Government’s indication that no measure has been adopted in this respect. The Committee therefore requests the Government to keep the Office informed of all development in this respect.

Article 5. Weekly working hours. Further to its previous comment on this point, the Committee notes that section 121 of Supreme Decree No. 009‑2004‑MTC, mentioned in the Government’s report, regulates daily hours of work and not weekly hours of work. The Committee recalls that Article 5 of the Convention states that weekly working hours should not, in principle, exceed 48 in the week. The Committee therefore requests the Government once again to indicate the laws or regulations which give effect to this Article of the Convention.

Article 8. Maximum number of hours between the beginning and end of the working day. The Committee notes the Government’s indication to the effect that section 121 of the abovementioned Decree lays down the maximum number of hours which may be worked between the beginning and the end of the working day. However, this provision deals only with the maximum number of hours of driving per day. The Committee recalls that the maximum number of hours referred to in Article 8 of the Convention includes time spent in work done during the running time of the vehicle, time spent in subsidiary work, periods of mere attendance, and breaks for rest and interruptions of work and not only the maximum number of hours of driving per day. The Committee therefore again requests the Government to indicate the legislative provisions which state the maximum number of hours which may be worked between the beginning and the end of the working day.

Article 17. Obligation to hold consultations. The Committee notes the legislative amendments which have occurred in the field of transport, particularly the abrogation of Supreme Decree No. 005-95-MTC and Supreme Decree No. 040-2001-MTC, which have been replaced by Supreme Decree No. 009‑2004-MTC issuing national regulations for transport administration. The Committee requests the Government to state whether the new national regulations for transport administration were the subject of consultations with the employers’ and workers’ organizations concerned, as prescribed by this Article of the Convention.

Part V of the report form. Practical application. The Committee again requests the Government to provide a general description of the manner in which the Convention is applied in practice, including, for example, extracts from reports of the inspection services, the number of workers protected by the relevant legislation and, if possible, statistics on the number and nature of reported infringements.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 3 of the Convention. Owners of vehicles. The Committee notes the legislative amendments which have occurred in the field of transport, particularly the abrogation of Supreme Decree No. 005-95-MTC and Supreme Decree No. 040-2001-MTC, which have been replaced by Supreme Decree
No. 009-2004-MTC issuing national regulations for transport administration. Further to its previous comments concerning the legislation applicable to owners of vehicles and members of their families, the Committee notes the Government’s indication that there is no specific legislation in this field. Recalling that the exclusion of owners of vehicles and the members of their families from the application of the provisions of the Convention is subject to precise conditions, the Committee requests the Government to indicate the measures taken or contemplated to ensure the protection in law and in practice of owners of vehicles and the members of their families with regard to hours of work. Moreover, the Committee notes with regret that the Government has never replied to the comments from the Single Union of Public Service Drivers in Lima alleging that workers employed in road transport work more than 16 hours a day, whether as owners of their vehicles or as employees of a transport company.

Article 7. Daily hours of work. Further to its previous comments regarding the provisions of Supreme Decree No. 005-95-MTC, which has now been repealed, the Committee notes section 121 of Supreme Decree No. 009-2004-MTC, which states that drivers of vehicles in the transport service may not drive for more than five consecutive hours during the day or four consecutive hours at night. It also notes that section 121(3) of the same Decree imposes a daily limit of 12 hours of work in each 24-hour period. The Committee reminds the Government that daily hours of work can only be extended under certain conditions, namely: (i) where the hours of work on one or more days of the week are less than eight and by no more than one hour per day (Article 7(2)); (ii) in respect of persons whose weekly hours of work do not exceed 48 in any week, or whose hours of work average 48 (Article 7(3)(a)); (iii) in respect of persons who ordinarily do a considerable amount of subsidiary work or whose work is frequently interrupted by periods of mere attendance (Article 7(3)(b)); (iv) in cases where lost time is made up (Article 9); (v) in cases where there is a shortage of skilled labour (Article 10); (vi) in the event of accident or other urgent necessity (Article 11); (vii) in cases of indispensable work in order to meet exceptional requirements in respect of the transport of passengers between hotel and station and also transport affected by funeral undertakings (Article 12); and (viii) in cases of overtime work (Article 13). The Committee requests the Government to indicate the steps taken or contemplated in order to bring its legislation into full conformity with the provisions of the Convention on this point.

Article 15. Daily rest. The Committee notes the reference made by the Government to section 122(u) of Decree No. 009-2004-MTC, which requires the presence of two drivers for long journeys, thereby limiting the hours of driving. The Committee emphasizes that this provision does not in itself give effect to Article 15 of the Convention, which states that a rest period of at least 12 consecutive hours shall be granted in every 24-hour period. The Committee again requests the Government to indicate the steps taken or contemplated in order to bring its legislation into conformity with this provision of the Convention.

Article 16, paragraph 1. Weekly rest. Further to its previous comment, the Committee notes that the Government does not supply any new information concerning the legislative provisions granting workers in both the private and public sectors a weekly rest period of at least 30 consecutive hours for each seven-day period. The Committee requests the Government to take the necessary steps without delay to ensure that drivers are granted the weekly rest period prescribed by this provision of the Convention.

Article 18, paragraph 3. Individual control book. The Committee notes section 6 of Directive No. 6653-2006-MTC/15, which states that a book shall be used by the driver to record information in respect of each journey relating to the route, start and finish times of the journey and also rest periods. It also notes that the use of this book is only prescribed for drivers in the inter-provincial passenger transport service. Moreover, section 120 of Supreme Decree No. 009-2004-MTC, which provides for the use of a journey log containing information on hours of driving and rest periods, only applies to drivers in the regular inter-provincial passenger transport service. The Committee requests the Government to indicate the legislative provisions prescribing the keeping of an individual control book for workers not covered by the provisions of Directive No. 6653-2006-MTC/15 and Supreme Decree No. 009-2004-MTC.

Finally, the Committee again recalls the decision of the ILO Governing Body, which considered that Convention No. 67 is outdated and invited the States parties to this Convention to contemplate the possibility of ratifying the Hours of Work and Rest Periods (Road Transport) Convention, 1979 (No. 153) (see GB.283/LILS/WP/PRS/1/2, paragraph 12). The ratification of Convention No. 153 by a State party to Convention No. 67 entails ipso jure the immediate denunciation of the latter. The Committee recalls that only three countries now remain bound by this Convention and encourages the Government to contemplate the possibility of ratifying the Hours of Work and Rest Periods (Road Transport) Convention, 1979 (No. 153). The Committee requests the Government to keep the Office informed of any decision taken or contemplated in this regard.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Further to the Government’s last report, the Committee wishes to obtain additional information on the following points.

Article 1 of the Convention. Scope of application. The Committee notes that, in its report, the Government refers to a draft framework Act on public employment that has since been adopted by Parliament. Section 15 of Act No. 28175 of 18 February 2004, enumerates the rights of public sector employees, including the right to paid rest. The Government indicates in its report that other standards will be adopted to develop the concepts contained in this framework Act and will cover in particular the question of hours of work. The Committee requests the Government to keep the Office informed of the progress made on the adoption of these implementing texts.

Moreover, as the Committee noted previously, Supreme Decree No. 05-95-MTC governs public inter-provincial road transport service for passengers by bus. In its previous comments, the Committee requested the Government to adopt other similar regulations, applicable in particular to private sector road transport enterprises. In its 1999 report, the Government mentioned the existence of regulations governing other types of road transport, namely the regulations on the transport of goods, approved by Supreme Decree No. 08-78-TC, as amended, the regulations on school transport, approved by Supreme Decree No. 048-88-TC, and the regulations on tourist transport, approved by Supreme Decision No. 011-78-TC. The Committee requests the Government to provide copies of these texts.

The Committee further notes that the Government refers in its report to Legislative Decree No. 713, which consolidates the legislation respecting paid rest for private sector workers. It requests the Government to indicate whether measures have been taken or are envisaged, specifically respecting working hours in private road transport services carrying passengers or goods, taking into account the specific characteristics of this branch of activity.

Article 5. Weekly working hours. The Committee notes that Supreme Decree No. 05-95-MTC governing the public inter-provincial road transport service for bus passengers does not contain any provisions on maximum weekly working hours, which should not, in principle, exceed 48 in the week. It requests the Government to indicate which legal provisions or regulations set such a limit for the workers covered by this Supreme Decree.

Article 8. Maximum number of hours which may separate the beginning and end of the working day. The Committee requests the Government to indicate whether the competent national authority has prescribed the maximum number of hours which may separate the beginning and end of the working day in the road transport sector, in accordance with this provision of the Convention.

Part V of the report form. The Committee again requests the Government to supply general indications on the manner in which the Convention is applied in practice, providing, for example, extracts from reports of the inspection services and, if possible, statistics on the number and nature of violations recorded.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the Government’s report, as well as the two observations, dated 2 November and 13 December 2004, transmitted by the Single Trade Union of Drivers of the Public Service in Lima. These observations have been transmitted to the Government, which has not, to date, replied. Referring to its previous comments on the application of the Convention, made for many years, the Committee regrets that it has still not received clear and full replies from the Government and is obliged to raise the following points again.

Article 1 of the Convention. Scope of application. The Committee notes the adoption of General Act No. 27181 of 5 October 1999 on land transport and traffic and the national traffic regulation, promulgated by Supreme Decree No. 033-2001-MTC of 23 July 2001. It notes however that these two documents do not address the question of working hours in the road transport sector. Furthermore, in its observations, the Single Trade Union of Drivers of the Public Service in Lima alleges that the administrative transport regulation, adopted by Supreme Decree No. 040-2001-MTC, applying General Act No. 27181, has never been implemented owing to the fact that the employers of the transport sector and the municipality of Lima were opposed to section 110, by virtue of which drivers employed by transport enterprises must be registered. The Committee requests the Government to indicate whether the abovementioned regulation is in force and whether it addresses the question of working hours in the road transport sector. Should this be the case, the Government is requested to transmit a copy of this regulation and to provide its comments in response to the observations made by the abovementioned trade union organization concerning the non-application of this text.

Article 3. Owners of vehicles. The Committee notes that the laws and regulations referred to by the Government in its reports only apply to employees. It draws the Government’s attention to the fact that the possibility of excluding owners of vehicles and members of their families who are not employees from the application of the provisions of the Convention is subject to precise conditions. In this regard, the Committee notes that, in its comments, the Single Trade Union of Drivers of the Public Service in Lima asserts that workers employed in the road transport sector work more than 16 hours a day, be they owners of their vehicles or employees of a transport company. The Committee requests the Government to provide information on the rules regarding working hours applicable to workers in the sector who own their vehicles and to transmit its comments in reply to the observations made by this trade union organization.

Article 7. Daily hours of work. The Committee notes that, in its report of 1999, the Government referred to Article 7, paragraph 3, of the Convention, by virtue of which the daily limit for hours of work may exceed eight hours, especially in respect of persons whose work is frequently interrupted by periods of mere attendance. The Government asserted that section 57 of Supreme Decree No. 05-95-MTC regulating the public interprovincial road transport service for passengers by bus, which allows up to 12 hours’ driving to be accumulated in each 24-hour period, should be read in conjunction with section 56 of the same Decree. Under the terms of the latter section, when the journey exceeds 400 kilometres on tarmacked road, or 250 kilometres on non-tarmacked road, two drivers must be on board. The Government indicated that, in this case, whilst one of the two drivers drives, the other is merely in attendance, thus rendering Article 7, paragraph 3, of the Convention applicable. The Committee requests the Government to indicate the daily limit of working hours applicable when the journey to be made is shorter than the distances mentioned above. In such a case indeed, a single driver is present on the bus and his work is therefore not interrupted by periods of mere attendance. In this regard, the Committee notes that in its comments the Single Trade Union of Drivers of the Public Service in Lima mentions working days of over 16 hours in the road transport sector. The Committee requests the Government to reply to the observations made by this trade union organization.

Article 15. Daily rest. The Committee notes that, in reply to its previous observation on the provisions of Supreme Decree No. 05-95-MTC, the Government, in its report of 1999, asserted that Article 15 of the Convention allows for the daily period of rest to be reduced in the case of certain services subject to breaks of considerable duration or on a prescribed number of days in the week, on the condition that the average duration of the daily period of rest, calculated on a weekly basis, should be no lower than 12 hours. The Government also referred to Legislative Decree No. 713, by virtue of which the employer may set alternative or cumulative schemes of work and rest when rendered necessary owing to production-related needs. The Committee notes, however, that the abovementioned Legislative Decree only applies to workers in the private sector and that its scope of application is therefore different from that of Supreme Decree No. 05-95-MTC. Moreover, it only covers the weekly rest, public holidays and annual leave and not the daily rest. Consequently, the Committee requests the Government to indicate in what manner the workers covered by Supreme Decree No. 05-95-MTC are assured a period of rest comprising at least 12 consecutive hours in every period of 24 hours.

Article 16, paragraph 1. Weekly rest. The Committee notes that the Government’s report does not contain any response to its previous comment on the minimum weekly rest prescribed by the Convention. The Committee is therefore bound to recall that, according to Article 16, paragraph 1, of the Convention, in every period of seven days a period of rest comprising at least 30 consecutive hours of which not less than 22 fall within the same calendar day must be granted. In its previous report, the Government asserted that the minimum weekly rest period of 24 consecutive hours provided for in section 1 of Legislative Decree No. 713 was supplemented by the daily rest period of the preceding day. As the Committee emphasized in its previous comment, this interpretation of a general text applying to the private sector only is insufficient to ensure that the 30 consecutive hours of weekly rest are granted to all workers, in both the public sector and the private sector, to whom the Convention applies. The Committee hopes that the Government will soon be in a position to bring its legislation into line with the Convention on this point.

Article 18, paragraph 3. Individual control book. The Committee notes that, in its report, the Government does not respond to its previous comment on this point. It trusts that the Government will soon be in a position to take measures with a view to establishing an individual control book which must be issued to every person covered by the Convention. The Committee recalls that this book must contain particulars regarding the hours of work and rest periods of the worker concerned.

More generally, the Committee recalls that, following a proposal by the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body considered that Convention No. 67 is out of date and invited the States parties to that Convention to contemplate ratifying the Hours of Work and Rest Periods (Road Transport) Convention, 1979 (No. 153) (see GB.283/LILS/WP/PRS/1/2, paragraph 12). The ratification of Convention No. 153 by a State party to Convention No. 67 ipso jure involves the immediate denunciation of the latter Convention. The Committee notes that, in its report of 1988, the Government indicated that, following consultations with representatives of the transporters, it decided that it would be preferable not to ratify Convention No. 153. The Committee requests the Government to indicate if this issue has been re-examined since that decision was taken and to keep the Office informed of any developments in this regard.

Moreover, the Committee transmits a direct request to the Government concerning other points.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee takes note of the information supplied by the Government in answer to its previous comments, particularly that concerning the implementation of sections 56 and 57 of Presidential Decree No. 05-95-MTC and the effect given to Articles 7, 11, 13, paragraph 2, and 15, of the Convention.

With regard to Article 16, paragraph 1, of the Convention, which prescribes rest comprising at least 30 consecutive hours in every period of seven days, of which not less than 22 must fall within the same calendar day, the Government indicates that it gives effect to this Article by adding the minimum weekly rest period of 24 hours established in section 1 of Legislative Decree No. 713 to the daily rest period pertaining to the day that precedes it. In the Committee’s view, this interpretation of a general text applying to the private sector is insufficient to ensure that the 30 consecutive hours of rest prescribed by the Convention are invariably granted to all workers, in both the public sector and the private sector, to which the Convention applies. Consequently, it asks the Government to take the necessary steps to bring the legislation fully into line with the Convention on this point.

The Government is again requested to provide all relevant information on the way in which effect is given to Article 18, paragraph 3, of the Convention which establishes the requirement for an individual control book to be issued to every person to whom this Convention is applied.

The Government is also asked to provide all relevant information on how the Convention is applied in practice, in accordance with the information requested in Part V of the report form, and to keep the ILO informed of the adoption of the Bill of 4 July 1999 on road transport, mentioned in the report, as well as any other relevant texts. In this connection, the Committee recalls that it has asked the Government to adopt for road transport enterprises in the private sector regulations similar to those adopted for the public sector.

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

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.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the Government's report which again indicates that the legislation on road transport is being revised to adapt it to the deregulation process, and that the drafting of new regulations is planned. The Committee recalls that the Government has provided the same information for many years, without any progress having been recorded.

In its report the Government indicates that a high proportion of vehicles are driven by their owners, that the country's road infrastructure is not of high standard and that the particularities of the country's geography means that it sometimes takes more than eight hours to cover short distances. These situations are not provided for as exceptions in the application of the Convention.

The Committee has also been making comments for many years, in particular, on the application of Articles 7, paragraph 2; 11; 13, paragraph 2; 14; 15; 16, paragraph 1; and 18, paragraphs 2 and 3 of the Convention. The Committee once again urges the Government to take the necessary steps to bring the national legislation and practice into conformity with these provisions of the Convention.

[The Government is asked to report in detail in 1996.]

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the Government's brief report which refers to action undertaken in cooperation with the competent Ministry to conduct the necessary studies for framing new draft regulations on working time and rest periods in road transport. The Committee recalls that the Government has already mentioned several times that a technical committee has been set up for this purpose but observes that no progress has been noted to date.

With reference to the comments it has been making for many years on the application of the Convention, and particularly of Articles 7, paragraph 2; 11; 13, paragraph 2; 14; 15; 16, paragraph 1; and 18, paragraphs 2 and 3, of the Convention, the Committee urges the Government to take the necessary measures to bring the national legislation and practice into conformity with the above-mentioned provisions of the Convention.

[The Government is asked to report in detail for the period ending 30 June 1994.]

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct requests:

The Committee noted that the Government had considered that the Hours of Work and Rest Periods (Road Transport) Convention, 1979 (No. 153), should not be ratified as it is considered to be more rigid than the present Convention. It noted that a technical committee was to be established, which would be responsible for preparing new draft regulations on hours of work and rest periods in road transport, taking account of the provisions of the Convention. The Committee observes that the Government has mentioned on several occasions that such a committee was to be set up, but no notable progress has been made.

The Committee recalls that for many years comments have been formulated referring, inter alia, to Articles 7, paragraph 2, 11, 13, paragraph 2, 14, 15, 16, paragraph 1, and 18, paragraphs 2 and 3, of the Convention. It requests the Government to inform the International Labour Office of any developments in this respect.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee takes note of the information supplied by the Government in its last report.

With reference to its previous comments, the Committee notes that, after consultation with concerned circles, the Ministry of Transport and Communications has recommended that the Hours of Work and Rest Periods (Road Transport) Convention, 1979 (No. 153), should not be ratified as it is considered to be more rigid than the present Convention and would be more difficult to implement. It notes that the Ministry of Transport and Communications has also recommended that a technical committee should be established, to be composed of representatives of the Ministry of Transport and Communications, the Ministry of Labour and the main transport companies, which would be responsible for preparing new draft regulations on hours of work and rest periods in road transport, taking account of the provisions of the Convention. The Committee observes that in its previous reports, the Government has mentioned on several occasions that such a committee was to be set up, but no notable progress has been made in this area for many years.

The Committee trusts that it will be possible for these regulations to be drawn up and adopted rapidly and that they will give effect, inter alia, to Articles 7, paragraph 2, 11, 13, paragraph 2, 14, 15, 16, paragraph 1, and 18, paragraphs 2 and 3, of the Convention. It requests the Government to inform the International Labour Office of any developments in this respect.