Driver working hours according to tachograph in Russia
New work and rest regime for drivers according to the tachograph in 2019.
A new regulatory document has been published regulating the work and rest regime in 2019 for drivers of vehicles with tachographs.
According to its requirements, each vehicle must be equipped with a digital device that reads the rest and work periods of the driver and vehicle. The tachograph automatically reads the time when you can drive and when you can rest using the issued driver card. The control device can be checked by a traffic police officer and prescribe punishment for existing violations. He can do this using a reader or controller card, and then print out the information from it.
There are 2 schemes for recording work time for drivers: daily and summarized. The latter includes long working days that do not violate existing standards. The employee’s schedule must be calculated in such a way that he works the number of shifts and hours that do not contradict the law.
In order not to receive a fine for violations, you need to correctly draw up a work schedule and also monitor its implementation.
What time periods should be taken into account when creating a schedule?
- driving;
- rest time en route and at destinations;
- preparation before departure and after return;
- time for medical examination before and after the shift;
- downtime during loading;
- stops are not the fault of the driver;
- time intervals for repairs;
- time intervals for security when stopping;
- being in the car.
Waiting, idleness and being in the car while driving cannot be considered rest.
How will the working hours change for drivers of large cargo and passenger vehicles with a tachograph in 2019?
According to the AETR requirements, the new work and rest standards for drivers are as follows:
- Work shift – 9 hours. This time can be increased to 10 hours, but this can be done no more than 2 times a week.
- When driving a vehicle, the driver must take rest breaks of 15 minutes every 4 hours.
- A driver's work week should be 5 to 6 days with 40-42 hours of work in total.
- Rest time is 11 hours with a summarized schedule and 12 with a daily schedule.
- Continuous driving on an intercity trip should not be more than 2 hours. Except for cases when you need to get to the stopping place.
- A break of 45 minutes can be replaced by 2 periods of 15 minutes during and after driving.
- The time for transporting goods (transportation and security) is calculated from the amount divided by 3.
- During the driving period of 4.5 hours there should be a break of 45 minutes.
- A 12-hour work shift is permitted for drivers transporting goods over long distances in Russia and abroad.
- Daily rest may be reduced to 9 hours three times a week, subject to the provision of rest at the end of the next week. This period can be divided into 2-3 segments.
- Rest periods can be extended if they begin at the end of one week and end the next.
- The rest period issued as compensation must be issued at the driver’s place of registration and be added to a large rest period of at least 8 hours.
- If a car was driven by 2 drivers during a 30-hour work shift, each of them must have 8 hours of continuous rest.
How to drive on a tachograph for 2nd drivers according to new standards in Russia
According to new legislative standards, vehicle drivers must get proper rest. The car must have a corner for sleeping, and 2 drivers are sent on trips over 12 hours. In a 24-hour period, you should spend 18 hours driving a car and the rest for rest. In this case, it will be considered the time the car stopped. When the person driving the car changes, his personal card in the tachograph must also change so that the registration is correct and the driver does not receive a fine for violation.
Operating mode of the driver using the tachograph according to the AETR regulations
I decided to summarize the information regarding the driver’s work and rest schedule under the AETR agreement; reading the entire document may seem boring to some, so I’ve shortened it for them. This cheat sheet will always help you along the way. This article continues the series of articles on the topic “Tachograph Law”, and I hope that it is not the last.
According to the regulations (according to the AETR) regarding the observance of work/rest schedules by vehicle drivers, the duration of driving during the day cannot exceed nine hours.
(Art. 6.1 AETR)
The duration of driving a vehicle twice during any week can be increased to ten hours.
(Art. 6.1 AETR)
After the driver has driven the vehicle for 4.5 hours, he is required to take a break, which cannot be less than 45 minutes, if the rest period has not yet begun.
(Art. 7.1 AETR)
A break of forty-five minutes may be replaced by a rest of at least fifteen minutes each, distributed during the control period or after its completion.
The driver must not engage in any other work during the fifteen-minute break. However, periods of waiting are not used for driving and time spent in a moving vehicle, for example on a ferry, is not considered other work. Such breaks do not constitute daily rest periods. (Art. 7 AETR)
After six daily driving periods, the driver must be given a weekly rest.
(Art. 8.3 AETR)
The weekly rest can be postponed until the end of the sixth day.
Provided that the duration of driving for all days did not exceed the maximum time, and it in total corresponds to six daily periods of driving vehicles. If the driver carries out international passenger road transport (except for regular flights), then instead of the terms “sixth” and “six” the words “twelfth” and “twelve” are used, and the total duration of driving on the road during any two weeks cannot exceed ninety hours . (Art. 6.2 AETR)
The driver must be provided with daily uninterrupted rest for twenty-four hours, and its duration cannot be less than eleven hours.
The period of continuous rest may be reduced to nine hours, but not more than three times in any one week, provided that, as compensation, no later than the end of the next week, the driver is given a rest of an equivalent duration. (Art. 8.1 AETR)
The duration of rest is allowed to be divided into two or three periods over twenty-four hours, provided that one of them is at least eight continuous hours. In this case, the driver’s rest period during the day must be increased to twelve hours.
(Art. 8.1 AETR)
One of the rest periods during each week as a weekly break from work must be forty-five consecutive hours.
This rest period may be reduced to a minimum of thirty-six consecutive hours if it is used in the place of permanent registration of the vehicle or in the locality where the driver resides, or to a minimum of twenty-four hours if it is used in any other place. (Art. 8.3 AETR)
Any reduction in the rest period must be compensated by an equal rest period if it is fully used no later than the end of the third week following
that week.
(Art. 8.3 AETR)
A rest period that began during one week and then continued during the next is allowed to be added to one of these two weeks.
(Art. 8.4 AETR)
Any rest provided as compensation for a reduction for any reason in the daily and/or weekly rest period must be joined to another rest period, the duration of which cannot be less than eight hours, and is provided at the request of the driver at his place of registration or vehicle parking.
(Art. 8.6 AETR)
If at least two drivers drove a vehicle every thirty hours, then each of them must have a rest period of at least eight consecutive hours.
(Art. 8.2 AETR)
Read the full text of the European Union AETR agreement signed in Geneva in 1970 here.
WORK AND REST MODE ACCORDING TO TACHOGRAPH
The driver's work has its schedule limitations. According to Russian legislation, driving and transportation over long distances must comply with a number of rules.
To monitor the actions of drivers and provide assistance along the way when transporting passengers or transporting goods, the law requires that the vehicle be equipped with a monitoring device. It disciplines and reminds of the necessary stop. The device will help you plan your working day and set your daily travel allowance.
To activate its memory and find out from it how much longer you can drive, you need to insert a plastic card containing a microchip with information about the owner. The Tahokart company offers its services both for drivers and for entrepreneurs who own the vehicle. Connecting the two devices will allow both parties involved to stay up to date.
Both access points will have information about compliance with the driver’s work and rest rules and violations of the tachograph work norms.
Driver work and rest time according to law
The legislation requires compliance with the following rules:
- A working day should be no more than 9 hours. Twice a week you can overwork for another hour, but no more.
- You can drive continuously for 4.5 hours, then you need to rest for 45 minutes. Then the time of non-stop movement is reduced to two hours.
- A full lunch break is provided - from half an hour to two.
- During a working week, you can be on the road no more than 56 hours.
But there are exceptions when you can drive for half a day a day:
- If intercity or international transportation requires urgent delivery of passengers or cargo, there is no opportunity for a full stop and rest.
- If this is a person driving a shuttle bus.
- If the driver is an employee of government agencies: a hospital, the Ministry of Emergency Situations, a post office, an educational institution.
Work and rest schedule for two drivers: work using a tachograph
For long-distance travel, two employees are often assigned. To work in a team, you need a device with the ability to use two cards at a time. While driving, it is considered that both drivers are working, so you cannot set the meter position to the “Rest” column.
While one is in the “Driving” position, the other should mark other activities. Only being in a car with the engine turned off is considered a break.
When changing, you need to swap the cassettes. The total shift is 30 hours, of which 21 hours are for work and 9 are for stopping. The difficulty is that you still can’t spend more than 18 on the road (9 for each), and the remaining 3 are the stipulated time for loading, repairs and other duties.
Complete list of documents required to issue a card
How much rest should a driver have according to the tachograph?
Each driver must use the following stops:
- Daily lunch break – from 30 minutes to 2 hours.
- The day off between shifts should be twice as long as the time worked.
- The required weekly rest is two days.
- There are also exceptions for intercity transport: they reduce non-working hours to 9 hours.
Every driver needs to know the working and rest conditions between shifts; here is a sample work schedule, summarized in a table:
What kind of digital cards does Tachokart produce?
Each sample includes the following features:
- contains personal information about the owner;
- records speed and distance traveled;
- marks the time and duration of stops.
Prices for tachograph cards can be found here.
You can purchase one of three varieties:
- Without means of protecting cryptographic information (CIPF). It has a basic configuration and is suitable for small companies that do not transport over long distances, and therefore are not required to equip each vehicle with a technical device. This card is needed by owners who want to control the progress of the trip and have a legal basis in case of road accidents.
- With the CIPF system provided for by the requirement of Order of the Ministry of Transport No. 36 - the law on the work and rest time of drivers according to the tachograph. The chip built into the device is responsible for encrypting and decrypting data and does not allow the information stored on it to be changed or deleted. The Tachokart company will produce the required personal key within two weeks. In addition to the basic configuration, such a card provides reliable data protection and makes it possible to carry out transportation throughout Russia.
- For European devices - AETR. According to regulations from 1978, all employees performing international flights must work with devices that record the driver’s work and rest schedule. They require special cards, include all the features of previous versions and give the owner the right to travel between countries.
What benefits does the cardholder have?
- The legitimate right to transport passengers and cargo over long distances.
- It is possible to comply with the time schedule and follow the route according to the schedule.
- It can warn when the tank is empty and remind you to refill fuel on time.
- In the event of an accident or other controversial situations, the driver can offer information from the device, which will serve as an evidence base.
- Trains driver self-discipline. If the device is not installed, the driver and owner may be fined for overtime on the tachograph in the amount of 1,000 to 3,000 rubles.
Place an order for a tachograph card.
Why is it profitable to order a card from the Tachokart company?
- Low prices and the possibility of deferred payment.
- Delivery by mail throughout Russia.
- Fast order fulfillment.
- Consultation when collecting a package of documents.
- Providing a warranty period of one year.
You can leave a request on our website or request a free call. We will contact you and tell you in detail about the stages of obtaining a card. Good luck on your journey!
Rules for the work and rest regime of truck drivers according to the tachograph
Decree of the Government of the Russian Federation No. 711 of June 15, 1998. “On additional measures to ensure road safety” Organizations that own cargo or passenger vehicles that meet the requirements of Order of the Ministry of Transport No. 273 of 08/21/2013. “Approval of the procedure for installing tachographs on vehicles” with all the latest changes in their work must adhere to the requirements from Order of the Ministry of Transport dated January 15, 2014 No. 7, edited on November 7, 2017 “On approval of ensuring the safety of transportation of passengers and cargo...”.
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Following the information from the first document, each transport unit must be equipped with a special digital device designed to monitor the driver’s work. The work schedule and length of the working day of an employee involved in driving a vehicle must comply with the second order of the Ministry.
Principles of chart formation
According to the above document, the principle of the working day schedule is also formed.
In accordance with it, the scheme should be as follows:
-
The working day should not exceed 9 hours a day. In case of unexpected increases in the permitted period - no more than 10 hours in a row, but no more than 2 times a week.
When drawing up a work schedule for drivers, it is necessary to adhere to certain operations that are part of his actions during the work shift:
- The time he spends directly involved in driving the vehicle.
- Stopping for a short break.
- Rest after arriving at the appointed place.
- Engagement in mandatory work before and after the voyage related to checking the technical condition of the vehicle and the proper operation of the mechanisms.
- Carrying out repair work and minor technical faults with which the use of the vehicle is impossible (actions can be performed with your own hands or at a service station).
- Carrying out monitoring of cargo for the purpose of protecting it at intermediate stopping points or upon arrival at the designated place before unloading begins.
- Presence inside the vehicle at the time of movement (when controlled by two drivers).
- Other manipulations performed by the employee throughout the entire route.
Time tracking options
Working time is taken into account in accordance with Art. 91 of the Labor Code of the Russian Federation “The concept of working time”. In accordance with it, the employer must maintain a documentary record of the period that the employee is at his workplace.
This will make it possible to monitor compliance with discipline and determine the amount of wages for the time actually worked. For drivers, the standard specified in section II “Working hours” of Order No. 15 of the Ministry of Transport applies.
According to it, for this category of workers there are 2 options for recording working time:
- Daily – the duration of a work shift in accordance with the limits established by current legislation.
- Summarized – the duration of the work shift differs. There are long working days that do not meet the standards, while the total amount of time per week corresponds to the standards.
Daily
In this case, the driver works within the limits of compliance with established standards - 8 hours a day, for 5 days a week, for a total of 40 hours. In the case of a 6-day shift, the shift is reduced by 1 hour.
In addition, it should be added that working time includes not only time spent driving, but also other situations described earlier. For a clear example, you can see the schedule of an 8-hour working day below.
Table 1. Example of a driver's daily work schedule.
Summarized
In this case, the calculation occurs not for 1 week, but for the full month worked. In some situations, the value is determined based on the time worked during the season. In this case, the duration of 1 working day cannot exceed 10 hours.
In addition, a number of situations should be added when an increase to 12 hours is allowed:
- When the driver is employed in international and intercity transportation. As mentioned earlier, this is necessary in order to give the driver time to get to a place of proper rest.
- For people involved in driving buses on city and suburban routes.
- Drivers who, by the nature of their employment, fall under clause 12, section II of Order No. 15 of the Ministry of Transport.
During irregular hours
The option of irregular working hours for drivers in Russia is provided on the basis of clause 14 of the above section of order No. 15. It can be applied to persons involved in driving vehicles used in expeditions and field work.
Read what the 2019 law says about tachographs for trucks here.
This decision regarding an employee is made individually by the head of the organization. In this case, the calculation of time is carried out based on the normal weekly norm, with a guaranteed provision of time intended for rest.
Thus, for this category of workers, the law provides for the option of any working day, provided the total working time is no more than 40 hours per week.
Features of the schedule when there are two drivers
The first thing to consider when creating a schedule for two drivers is that both of them work - they do not rest. The opposite situation applies to cases when the cabin of a car or bus is equipped with a sleeping place in which a person in “rest mode” can restore his strength.
This situation is mandatory in case of trips lasting more than 12 hours, according to an excerpt from clause 10, section II of Order No. 15 of the Ministry of Transport shown in the photo:
Table of work and rest modes of drivers according to the tachograph
The legal time interval required for truck drivers is determined based on the summation of the constituent elements presented in the table.
Table 2. Driver's rest.
Labor legislation provides for possible options through which a reduction in the RTO ratio for drivers is allowed.
The most common of them are presented below:
- Reducing the rest interval between shifts to 9 hours in the case of work related to urban and suburban transportation. In this case, the employee must be given the time necessary for recovery of at least 2 days after the end of the second shift.
- Up to 11 hours when the driver is busy in intercity transportation. Additional time for rest is provided in an amount equal to the lost hours over the past period.
As an example, here is a photograph of the RTO schedule for commuter bus drivers:
The following recommendations can be given to employers: non-compliance with and violation of the regime of work, rest and payment of working hours may result in possible blockades and strikes on the part of workers whose rights are violated.
Penalty for violation
You can check compliance with the work schedule using a special digital device with CIPF, which must be equipped with all vehicles that are subject to Order No. 273 of the Ministry of Transport of August 21, 2013. “Approval of the procedure for installing tachographs” with the latest changes dated December 2, 2015. in Order No. 348 of December 2, 2015, in Ch. 1 clause 3 “List of cars...”.
According to Order of the Ministry of Transport No. 36 “On approval of requirements for tachographs. Rules for using the device" from 01/01/2018. All vehicles falling under the terms of the above document must be equipped with such devices.
Based on this, in accordance with a number of additional documentation, employees of the following departments can exercise control over their installation, maintenance and compliance with RTO:
Any of the above-mentioned employees can check compliance with the RTO and initiate an administrative case against the violator under Art. Code of Administrative Offenses No. 11.23 “Driving a vehicle or putting it on the line...”.
Depending on the situation, the penalty may be as follows:
- Fine from 1,000 to 3,000 rubles. for individuals;
- From 5,000 to 10,000 rub. for officials if the following conditions are not met:
- lack of a RTO meter on all vehicles falling under the scope of Order No. 36;
- operating a vehicle with a faulty metering device;
- failure to perform calibration or overdue period for the next verification;
- use of the device or further servicing in workshops that are not certified to carry out similar activities. You can check the availability of legal permission to perform similar work on the official website of the Ministry of Transport: rosavtotransport.
2. Fine from 1,000 to 3,000 rubles. under paragraph No. 2 of this article if the following violations are detected:
- expired or missing driver or company card;
- the card is not inserted into the slot;
- using someone else's card;
- non-compliance with RTO, for example, the time of continuous control exceeds the established standards.
Based on the information presented, we can conclude that all drivers involved in transporting cargo over long distances are required to comply with these standards in accordance with the above legislative acts.
Read how to install a tachograph here.
What is the requirement for mandatory equipping of vehicles with tachographs in this publication?
This solution will not only avoid possible fines, but also reduce the likelihood of getting into an accident while being in a state of extreme fatigue and exhaustion.
Therefore, those who are thinking about how to circumvent the regime established by the Ministry of Transport are advised to think about the possible consequences.
Video: Driver’s work and rest schedule - how to plan.
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Work and rest schedule for truck drivers according to tachograph
Legislative regulation in the field of transportation carries not only the task of establishing full control of the driver’s actions, but also preserving his life and health, as well as maintaining optimal performance.
Driver working hours according to tachograph in Russia: driving mode and rules
Legislation regarding truck drivers regulates the actions and procedure for carrying out not only the main labor function, but also the regime of rest during breaks between work. The main instrument in terms of ensuring workers' rights in this area is the work and rest regime for truck drivers according to the tachograph 2018, which was introduced relatively recently for all citizens driving heavy equipment.
Peculiarities of regulating the labor activity of drivers taking into account legal norms
This innovation is intended to normalize the distribution of workload among employees, as well as oblige these employees to comply with labor legislation. These regulatory requirements also determine the time spent on rest during breaks between activities. The driver, like any other employee, must rest and has the right to implement this standard during his working day, in order to avoid receiving fines or other negative consequences.
The law presupposes the existence of a certain time during which such an employee must rest from performing his immediate duties. In general, this regime must be observed every 3 hours of driving on public roads. After this time has expired, the driver must take a 15-minute break, and upon reaching the total driving time according to the tachograph schedule, he must take a continuous 8-hour break for rest and sleep. This requirement is established by federal law and the driver must comply with it to avoid fines. The regime of inaction in the field of passenger cargo transportation is especially important, since violation of these norms poses a direct threat to other citizens.
Important! An employee must rest in specially equipped rooms, and not in the cabin of his own vehicle. To do this, during the journey, information is entered into the tachograph systems about equipped rest areas where, in accordance with the traffic pattern, such a specialist must stop.
Typical traffic schedule taking into account the requirements of legislative documents
What factors are taken into account when drawing up a schedule?
When scheduling a trip by car, some factors are taken into account, both the route itself and the territorial features of the area:
- According to modern requirements, a car must be equipped with a modern tachograph, which reads all readings and transmits them to the logistics center;
- the truck should travel mainly during daylight hours;
- the car must be equipped with all the necessary parts in case of an accident on the highway;
- weather factors are taken into account. Presence of drifts. Thunderstorms, showers are forecast, and the amount of precipitation is also taken into account;
- Traffic load is also an important factor when creating a schedule.
The principle of forming employee working hours
When drawing up a special schedule, certain principles are taken into account to minimize negative consequences for a specialist who should not receive injuries, as well as to reduce exposure to certain emergency situations that can lead to serious consequences:
- the principle of maintaining health and ensuring a citizen’s rest regime, both during the journey and during post-voyage rest;
- taking into account weather data when creating the current schedule;
- recording the arrival time and travel schedule, as well as determining the average speed;
- the principle of minimizing harm to health when planning a route.
Work and rest regimes for this category of citizens
Which tachograph should I install?
Installation of special traffic safety equipment should only be carried out in accordance with industry regulations and standards established by government line ministries. Such special equipment must comply with certification standards and have full functionality for real-time data transmission.
In addition, such equipment must be compatible with the on-board network of the vehicle itself, as well as comply with installation standards and have a standard installation location.
How to use the tachograph
The rules for using this device are established by its manufacturer. First you need to connect it to the vehicle’s on-board system and calibrate the data for complete and optimal transmission. After that, you should check its performance in test mode and only after receiving up-to-date information use it for its intended purpose during regular flights.
Driver working time tracking: daily and summarized
Depending on the characteristics of the route, the device’s database takes into account various parameters that directly affect both the route schedule and the break standards after the flight.
Typical rest schedule for a category of citizens
Daily accounting
Daily recording of driving time, as well as fuel consumption and distance traveled, serves to obtain up-to-date information about the driver’s movement parameters and helps to distribute the load during the trip.
Summarized accounting
Summarized accounting makes it possible to determine the movement parameters for the entire route, as well as to develop a methodology for effective movement in the future on certain routes. Such accounting allows you to collect comprehensive statistics and develop more effective measures to improve the efficiency of the company.
Requirements for the regime of activity and subsequent rest
Irregular working hours
For this category of workers, a special working day with an irregular schedule is established. This means that a driver can work more than 8 hours per day outside of normal working hours with additional payments. At the same time, the time of break and inactivity of such an employee should increase to comply with labor safety standards.
Rest and meal break
It is mandatory that both during the journey and after the end of the voyage there be a break for rest and eating. Such a standard is established within the framework of both a regular 8-hour day and irregular operating hours. In this case, the employee must use this time period for its intended purpose.
Break between shifts
Between shifts and flights, an 8-12 hour break is mandatory, during which the driver must be inactive and not engage in direct work activities. This regime is established for all categories of employees driving trucks. Information about sleep patterns and inactivity is also transmitted via the tachograph to the company's headquarters.
Note! The obligation to provide such a break is also established by industry legislation and is subject to mandatory fulfillment by both the employee and his immediate supervisor.
Weekly uninterrupted rest
In accordance with legal regulations, the driver is required to rest during breaks between flights when reaching a certain working time. Such a regime should be provided in relation to this specialist not only on the territory of the company itself, but also outside it. In accordance with the established schedule, such an employee is subject to an inactivity regime of at least 2 days with a full 5-day work week.
Rest room for drivers at the enterprise
Any transport enterprise must have a rest room for drivers, both before work and after the trip. Such a room must be equipped, in addition to a sleeping place, with a space for cooking, as well as a shower room and toilet. Employees must rest in this room in accordance with the schedule and instructions of immediate management.
Responsibility for violation of norms
When transporting cargo or passengers, such an employee is obliged to comply with the rest standards established by law. However, violations often occur in this area, which can lead to accidents, breakdowns and other negative factors. That is why the company itself imposes fines on negligent employees. Such penalties are established by issuing their own local regulations in relation to such specialists. The punishment is of a disciplinary nature in the form of reprimands, comments and in the form of material penalties, in particular monetary deductions from wages within the limits and limits established by law.
Typical tachograph readings
As a result, it is the work and rest regime of truck drivers according to the tachograph that serves as an effective modern tool for reducing road accidents, as well as minimizing other negative manifestations in the work process. Compliance with the standards established by labor legislation is the key to the safe transportation of goods and passengers.