Drivers' working hours

The driving and rest periods for drivers of vehicles with a maximum permissible mass including trailer exceeds 3.5 tonnes of commercial goods or passenger transport within the European Community by Council Regulation ( EC) regulated 561/2006. Also, in Germany vehicles are detected from 2.8 t by driving staff regulations ( FPersV ) already. The Directive ( EU) 2002/15/EC of the social provisions have been extended to self-employed drivers since 23 September 2009.

• In Germany, the social legislation in force since 1 November 2012 for self-employed drivers. This scheme was introduced by the Law on the working time of self-employed drivers ( KrArbZG ).
• In Switzerland, the " Regulation on the work and rest time professional basis motor vehicle drivers and guides inside ( chauffeur Regulation, VAR1 ) " applies of 19 June 1995, including the subsequent updates.

The driving and rest times apply, inter alia, not to drivers of passenger transport vehicles with more than nine seats (including the driver), the police, civil defense and emergency services or in the bus route with a length of up to 50 kilometers. Other exceptions are listed in Article 3 of Regulation (EC ) 561 /2006 and § 18 drivers Regulation ( FPersV ) called. The provisions apply to the non-commercial carriage of goods only for vehicles with a gross vehicle weight ( GVW ) of more than 7.5 tonnes ( EC Reg 561/2006 Article 3, h). For members of the Armed Forces driving and rest periods are when driving official vehicles for all categories of vehicles, including vehicles under 3.5 tonnes GVW.

The driving and rest times are recorded automatically by the so-called digital tachograph. The preselection of time Category: Standby or other times (longer forced break at full closure of the route without redirection option ) is required by the mobile worker. The monitoring of compliance with driving and rest times responsible in Germany for example the road inspection services of the Federal Office for Goods Transport (BAG ) and the police. For vehicles with a gross vehicle weight of not more than 3.5 tonnes is as proof in the absence of recording equipment a handwritten time sheet ( daily sheet ) prescribed. Since 16 December 2009, the new form of the European Commission is valid to be used by the driver for the detection of vacation, sick days and other consideration -free days.

• 9.1 Legislation
• 9.2 information

Daily driving time

The daily driving time shall not exceed nine hours, twice per calendar week, they may, however, be extended to ten hours. When driving time such times that are actually spent with driver activity apply. For driving time also includes the temporary standing of the vehicle if, in the general view is part of the driving process. So the time for a traffic-related stay at traffic lights at a level crossing, at intersections, queues and about at a border crossing of the driving time is attributable. On the other hand are driving breaks, including for less than 15 minutes, then not on driving time, if they occur for reasons other than the reasons mentioned above and the driver can thereby leave his place on the steering wheel. This is for example, a full closure without alternative or - for a coach - at a border crossing with time-consuming individual inspection of passengers (see below driving time interruption) into consideration ..

Stopover

The driving time may not exceed without interruption of movement 4.5 hours. At the latest after 4.5 hours of driving the driver a break of at least 45 minutes must therefore observe. Break of journey is the legal definition of each period in which the driver carry out any driving activity and must not perform other work and which is used exclusively for recuperation .. The recovery phase can, in contrast to the daily rest period, be taken as a passenger in the vehicle. Waiting - for example in the border clearance or during loading or unloading of the vehicle - count as break unless the expected duration is known in advance. The same applies to the times on the passenger seat or in the sleeping compartment in the vehicle as well as ferry and rail journeys.

Alternatively, a splitting of the trip interruption is allowed by the driver initially a 15-minute and later a 30-minute drive interruption inserts. It is important that the accumulated driving time, starting from the previous regular rest period, ie a break in the journey, daily or weekly rest period, does not exceed the required limit of 4.5 hours until the start of the 30 -minute break in the journey part.

When splitting ie the sequence of short followed by a long drive to an interruption is observed and on the other to observe the maximum period of continuous driving time. However, breaks may not be attributed to the daily rest period.

The driver carries out other activities, however, before he takes the ride, it is to be observed by the Working Time Act, that the first break after 6 hours of work (not driving time ) must be inserted.

Weekly driving time

The weekly driving time shall not exceed 56 hours. The total accumulated driving time during any two consecutive weeks shall however not exceed 90 hours, so that full utilization of the driving time in the first week, the second week to no more than 34 hours may be directed. The week is a period of Monday 00:00 to Sunday 24:00 clock clock defined ( calendar week).

Rest period

Rest periods are periods in which a driver may freely dispose of his time continuously over a certain minimum period. Each driver shall take daily and weekly rest periods. No rest periods are times of work or standby duty as well as the time spent in vehicle cabin times. The rest may be taken in a vehicle, unless it is equipped with a bunk and is stationary.

Daily rest

The regular daily rest period comprising at least 11 hours. If it lasts at least 9 but not 11 hours, it is a reduced daily rest period. The driver must take a daily rest period within each 24 -hour period. The 24- hour period does not need to be identical to the calendar. The daily rest period may be shortened three times between any two weekly rest periods to 9 hours without the shortened time would have to be rescheduled. The full daily rest period may be taken in two parts ( " splitting" ), the first part of a continuous period of at least 3 hours and the second part has an uninterrupted period of at least 9 hours. Compliance with this order is binding. It should be noted that there is no legally relevant difference where the motorist bleary-eyed, meaning it can be shortened both at 9 hours of rest if the motorist spends the night at home as well if he stayed during a tour in the vehicle.

A special feature is for the driver of a vehicle which is transported in combined transport with a ferry or train. This daily rest period must be 11 hours in this case and should not be shortened. This daily rest period may be interrupted twice if the following conditions are met by a portion of the daily rest period on the railroad / needs to be shipped by boat and the other part in the country. The period between the two parts of a daily rest period must be as short as possible and must not exceed the vehicle before loading or after you leave the car from the ferryboat or the train one hour ( both interruptions together). The process of loading or of leaving also includes the customs formalities. The driver must be provided during the two parts of the rest period, a bed or sleeping cabin.

For two - driver crews must be noted that the time which mitfährt the first driver in the passenger seat, while the second steers the vehicle, is not counted as days of rest time of the first rider. If the prescribed daily rest period spent in the truck, then the truck must stop there.

Weekly rest period

The weekly rest period may be connected 45 hours after 6 × 24 hours after the last weekly rest period. After the federal collective bargaining agreement for the goods and furniture Highway ( BMT-Fern. ) should be at least two weekends a month can be spent at the location of the vehicle or at the residence of the driver. The weekly rest period of 45 hours may be reduced to 24 hours. Each reduction shall be compensated by an equivalent period of rest, which is to be taken before the end of the following the week in question third week. When splitting the weekly rest period at least 24 hours and therefore backdated 21 hours should be noted however that the nachzuholende rest period of 21 hours will only be recognized when it is attached in direct connection to at least nine -hour rest period. For recognition are therefore at least 30 hours of rest required. Unless the backdated 21 hours are pre- depends directly before the sixth layer time a 45 -hour weekend rest period. A shortened rest period must be received before the end of the third week following the reduced rest time, be compensated. Figuratively should see that, for example, as follows: 45 hours - max. 6 shift hours - 24 hours - 3 shift hours - 30 hours - 2 shift hours - 45 hours or 45 hours - max. 6 shift hours - 24 hours - max. 5 shift hours - 66 hours rest period, in each fortnight at least two weekly rest periods are, at least one of which must be a regular weekly rest period (45 h) to be. If a weekly rest period in two weeks, so you can select which of the two weeks, the rest period should apply.

Competitive relationship with the German law on working hours

Without prejudice of the EC regulation for all drivers in an employment relationship, regardless of the total allowable weight of the vehicle, the Working Hours Act ( Arbeitszeitgesetz ). While the EC Regulation governs the maximum duration of the driving times and the minimum length of breaks and rest periods, the Working Time Act sets out the permissible ( maximum) work. Both regulations must be observed. In the Working Hours Act the maximum daily working time is, on average, 8 hours, maximum 10 hours. It contains a special provision for employment in road transport, which work readiness, willingness service and time as the passenger cabin or in the time spent not working in terms of occupational health and safety (§ 21a para 3 Working Time Act ). This may cause the driver is longer than 10 hours at his workplace present without the maximum working time is exceeded. This is the window of time in which a driver may be used increases. In industrial ride -driven activity, it must, however, be considered as travel time, if the time frame of the standby or pause times will not be announced in advance.

Liability for a breach

If you think a driver against the maximum driving times, so not only against him but also against the company in which he is employed, or against persons acting there a fine or a fine or imprisonment may be imposed.

The regulation also states that both companies, shippers, freight forwarders and tour operators, prime contractors, subcontractors and driving recruitment agencies must ensure that contractually agreed transport time schedules do not violate the regulation. Is, for example, the shipper a delivery date before which can not be done taking into account the journey to be made and compliance with the legal driving hours and rest periods, he must count upon detection of a violation with an investigation.

The competent national authorities of a Member State of the European Community can also offenses committed in their territory by companies domiciled abroad punish, as such violations that were committed by foreign or domestic company in another Member State, provided that the violation is not already has been punished there. In Germany, the monitoring of compliance with driving and rest times the responsibility of the Federal Office for Goods Transport and the police.

After also Finland and the Netherlands have agreed to the proposed changes to formal, the sixth amendment entered into force on AETR agreement on 20 September 2010. In order for the new modified 12 -day rule of Regulation ( EC) 561/2006 also applies in the AETR traffic. The maximum weekly driving time is, 561/2006, set to 56 hours, as well as in Regulation ( EC). In addition, so was the installation of digital tachographs in the AETR Member States duty.

The Switzerland fit on 1 January 2011 with those applying to the Switzerland of work and rest periods with those of the EU.

Literature (for example)

• Rank, Christoph, driving and rest periods in road transport - drivers right 20.Aufl, 2012 Verlag Heinrich Vogel, ISBN 978-3-574-23013-4. (Note 19 edition also available as eBook )
• Hartenstein, Olaf / Reuschle, Fabian ( Eds.), Handbook for lawyers specializing in transport and shipping law ", 2nd edition, 2012 Cologne, Verlag Carl Heymann, ISBN 978-3-452-27562-2, Part 4: Public Law, chapter 20:. haulage law, social legislation relating to road transport and toll, C: driving hours, rest periods and working time in road transport
• Dittmann, Willy, driving and resting times, practical guide, published by Günter Based Risch GmbH & Co. KG, ISBN 978-3-938255-36-0