The European Commission is to take Austria, Finland and Poland to the European Court of Justice for failing to apply working time rules to self-employed drivers.
More than two years have passed since the Commission requested all member states to set out the actions they had taken to comply with the legislation.
These three member states still have not notified their national transposing measures giving full effect to the directive.
Under the Working Time Directive (2002/15/EC) the average maximum weekly working time is 48 hours over four months (extendable to six months by collective agreements) and the absolute maximum weekly working time is 60 hours.
The working time includes the driving time, which is limited at a maximum of 56.