Work and rest time of drivers according to tachograph

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:

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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Drivers' working hours

The Labor Code of the Russian Federation stipulates that the specifics of working time and rest time, working conditions for certain categories of workers whose work is directly related to the movement of vehicles are established by the Ministry of Transport (Part 2 of Article 329 of the Labor Code of the Russian Federation, Government Resolution No. 395 of July 30, 2004) .

The specifics of the working hours and rest periods of car drivers are established by the Regulations approved by Order of the Ministry of Transport dated August 20, 2004 No. 15.

As of June 5, 2018, changes to the working hours of car drivers came into force. We will tell you about the updated working hours for drivers under the Labor Code, taking into account the requirements of the Ministry of Transport, in our consultation.

New mode of work and rest for road transport drivers

The new Order of the Ministry of Transport on the working hours of drivers, which came into force on 06/05/2018, is Order No. 170 dated 05/03/2018. Here are some of the innovations introduced by this order.

Now it is indicated that the Regulations do not apply not only to drivers engaged in international transport, or working as part of shift crews with a rotational method of organizing work, but also to drivers of firefighting and rescue vehicles (clause 2 of the Regulations).

If the employer keeps a summary record of the drivers’ working hours, then the total duration of driving in a week cannot exceed 56 hours, while a week is considered to be the period from 00 o’clock on Monday to 24 o’clock on Sunday. Previously, the total duration was set only for 2 weeks in a row and amounted to 90 hours, and it was not indicated how to count the weeks (clause 17 of the Regulations). Considering that the daily driving time cannot exceed 9 hours, and with cumulative working time accounting - 10 hours no more than 2 times a week, the maximum duration of driving time with cumulative working time accounting is per week: 2 days of 10 hours and 4 days of 9 hours, i.e. 56 hours. Therefore, in the second week the driver will only be able to drive for 34 hours (90 hours – 56 hours).

Let us remind you that, as before, the driving time during a daily work period (shift) cannot exceed 8 hours if the driver transports passengers in mountainous areas by buses with an overall length of over 9.5 meters or heavy, long and large cargo. At the same time, when taking into account the working hours of such drivers, it is also allowed to increase the driving time twice a week to 10 hours (clauses 16, 17 of the Regulations).

In addition, it previously provided that in intercity transportation, after the first 4 hours of continuous driving, the driver was given a special break for rest. It is now stated that no later than after 4 hours of driving, the driver must take a special break for rest. That is, according to the updated rules, rest from driving is not a right, but an obligation of the driver (clause 19 of the Regulations).

Driver operating mode using tachograph

Monitoring compliance with the work and rest regime can be carried out, among other things, on the basis of tachograph indicators. Let us remind you that a tachograph is installed on a vehicle to ensure continuous, uncorrected recording of information about the speed and route of vehicles, about the work and rest schedule of drivers.

The categories and types of vehicles that must be equipped with tachographs are given in Appendix No. 2 to Order No. 36 of the Ministry of Transport dated February 13, 2013.

Such vehicles include:

vehicles used for the transport of passengers, having, in addition to the driver’s seat, more than 8 seats (categories M2 and M3);
vehicles intended for the transportation of goods with a maximum weight of over 3.5 tons (categories N2 and N3).

In this case, exceptions apply, in particular, to the following categories and types of vehicles:

vehicles approved for international road transport in accordance with a vehicle access card for international road transport;
concrete pump trucks, concrete mixer trucks, truck cranes, vehicles for municipal services and road maintenance, specialized vehicles (specially equipped milk tankers, livestock trucks, vehicles for transporting poultry, eggs, live fish, machines for transporting and applying mineral fertilizers), vehicles of categories N2 and N3 , used by agricultural producers during on-farm transportation.

Working hours of a truck driver using a tachograph in Europe

Truckers who work in the territories of the European Union are required to take into account the work and rest schedule: drivers in Europe are strictly punished for non-compliance with these rules. They are explained in detail in Regulation No. 561 of 2006 of the European Parliament.

Consequences of violations and non-compliance with AETR norms

If the rules of the Directive are not followed and the vehicle owner violates the tachograph operation of a truck driver, fines are applied in Europe. Sanctions depend on the severity of the violation and some other features.

For example, if a truck driver reduces his break time by 10 minutes, in Germany he will be fined 30 euros, and the owner of the car - 90 euros. If the break was ended prematurely, 15 minutes or more early, the fine increases to 60 and 180 euros respectively.

If the driver of the vehicle does not have the specified amount with him, his car may be seized indefinitely. After paying all fines, the car can be returned.

How long can you drive a vehicle?

According to the Regulation, truck drivers in the EU can work no more than 56 hours in one full week. At the same time, within one day, driving is allowed for 9 hours, with the possibility of extending this time to a maximum of 10 hours.

You can extend the operating time only twice between 00:00 from the beginning of the week and until 24:00 when it ends. Please note that truck drivers are allowed to work the entire week, however, if the driver spends 9 hours on trips every day, and in the last two days - 10 hours each, one day must be a full day off. This fact is due to another paragraph of the Directive - “Weekly rest period”.

Otherwise, this will be a violation of the rule on the maximum possible work time per week, which is 56 hours. This entails punishment in the form of fines and other types of sanctions provided by the relevant authorities.

Opening hours every two weeks

According to the aforementioned EU Directive, the maximum allowable amount of time that can be spent driving a vehicle should not exceed 90 hours over 14 consecutive days.

This means that if you worked 56 hours in the first week, you must work no more than 34 hours over the next seven days. Otherwise, the total time will exceed 90 hours and you will receive a fine.

Mandatory break

A truck driver in the EU can drive a vehicle for only four hours and thirty minutes. After which it is imperative to take a break. Its duration is 45 minutes or more.

The work schedule of an international driver during a break prohibits him from driving, as well as any other type of work activity: loading or unloading, washing a car, and so on.

Each 45-minute break conditionally consists of two parts:

the first should last for 15 minutes;

the second part of the rest is a full 30 minutes.

Daily rest

EU Directive No. 561 contains a clause - “Regular rest period”. According to the rules described in it, during one day, a truck driver must rest for 11 hours.

As in the case of a work break, rest can be carried out separately:

It is also possible to shorten the rest period: it will last not 11, but 9 hours. Over the course of seven consecutive days, it is permissible to do no more than 3 such shortened rest periods.

If there are several drivers involved, each of them should rest during 30 hours of work. According to the main provisions of the Directive - from 9 hours. At the same time, you cannot divide your rest time into parts, you cannot take breaks, and any work will be prohibited.

Weekly rest

The work and rest schedule of an international driver requires 45 hours of rest. Breaks for any type of activity related to the work process are unacceptable. Such rest is mandatory: every driver in the EU is required to take it at least once within seven consecutive days.

This period can be reduced to at least 24 hours of continuous rest. You can start your vacation at any time, but no later than 6 full days.

Breaking the rules

Any violations of the work and rest schedule are considered acceptable if the truck driver has good reasons for it. These include force majeure situations, including:

the emergence of a threat to road safety;

the need to get to the parking lot for reasons that do not allow you to postpone this action;

to ensure the safety of the cargo, regardless of the reason, if the driver has objective arguments and explanations of the situation.

In any situation where there have been violations of the Regulations, the driver of the vehicle undertakes:

arrive at the designated place, parking lot or otherwise complete the trip;

indicate the reason for violating the regime, if it can be classified as significant;

indicate this reason on the registration sheet, on the disk with the diagram, as well as on the printout from the tachograph - it is mandatory in all three places.

Features of using a tachograph when driving

A tachograph is a measuring instrument used to record various data about the movement of vehicles, as well as to track driving patterns and breaks. This device contains all the data specified by the drivers and places them on the personal Driver Card.

This device is the main indicator of how well a truck driver adheres to the work and rest regime. Any police representative can view the information on the tachograph and make a printout from it.

According to the EU Directive, all drivers are obliged to use the control device correctly, preventing it from breaking or replacing it and repairing it if necessary. As well as changing its operating modes in accordance with the requirements of European Union Directive No. 561.

Before starting work, the driver should place the personal Driver Card in the “First Slot” of the tachograph. The 2-driver operating mode in Europe means that if there are two people in the crew, the second driver also needs to place a card in the device, but in the “Second slot”.

To activate your personal Driver Card, enter the pin code in the device. Please note that the card must not be placed near objects that emit a strong electromagnetic field. This is equivalent to deliberately breaking the tachograph and entails severe punishment.

Driver operating mode in Europe and its features

If you drive at night, this issue is also explained in detail in the relevant European Union Directive.

If the driver is a long-distance carrier, he must explain to passengers all the provisions of these Regulations.

The calculation of working time and rest is carried out identically for one driver, but if there are 2 or more people in the crew, it is necessary to purchase a tachograph with two washers or cards.

If one driver works, then the other driver’s working hours are also counted on the tachograph. At the same time, the second driver cannot drive, but he is allowed to do any other things that are in no way related to the work procedure.

If drivers change places, then the washers in the tachograph should also be changed - depending on which crew member is driving at that particular moment in time.