The profession of a driver is associated with driving and other vehicles, that is, directly sources of increased danger. In addition, often the driver is responsible not only for his safety and the safety of the vehicle, but also for the lives of his passengers and other participants. traffic. Therefore, this profession has its own characteristics: the rights and obligations of workers in this complex profession and their employers are established labor law and separate provisions.

Regulations on the working hours of drivers

When establishing the working regime of drivers, the employer must be guided by the regulation approved by the order of the Ministry of Transport of Russia dated August 20, 2004 No. 15 The regulation establishes certain features of the regime of working hours and rest time for car drivers (exceptions: drivers employed in international transportation, as well as working in a rotational team), working under an employment contract in cars that belong to companies registered in Russia. The regulation consists of chapters: general provisions, working time and rest time.

Irregular working hours for drivers

Drivers should set one of the following operating modes:

• shift work;
• division of the working day into parts;
• irregular working hours.

Before the start of the work shift, the driver must fill out and issue a waybill, which the employer draws up according to a independently developed or established form. According to the waybill, you can determine whether the driver’s working hours and rest times are observed, as well as determine the duration of the time actually worked.

The driver's work schedule helps to track the tachograph - a device that provides continuous registration of the route of the car, information about the speed, mode of work of the driver of the car. Organizations that carry out activities related to the operation Vehicle, should equip them with such technical means control. From April 1, 2015, the tachograph, designed to record compliance with the driver's work regime, became mandatory for commercial vehicles, and from July 1, 2016, the operation of vehicles equipped with technical means that do not ensure the registration of information on tachograph cards is prohibited.

Working hours for a personal driver

For a personal driver, it is best to set the work schedule in the irregular working day mode.

An irregular working day is established in cases where:

• periodic work of the driver is required, exceeding the normal duration of working hours;
• the work of the driver cannot be accurately recorded in time;
• employees distribute working hours at their discretion;
• The employee's working time is divided into parts of various indefinite duration.

However, it should be borne in mind that working in irregular working hours for a personal driver does not mean that he is not affected by the rules that determine the start and end time of work, the procedure for recording working hours, etc. The employer must keep accurate records of the hours worked that are actually worked and reflect it in the time sheet.

Order on the approval of the working hours of drivers

Here is a sample order on the approval of the driver's working hours in irregular working hours

Regulation of the AETR Agreement and Regulation 561/2006 (EC) on the observance of work and rest regimes for drivers Driving and rest times for the driver of the vehicle RU

Practical video guide on compliance with the regime of work and rest from the Grodno trucker Maxim (his YouTube channel) can be viewed at:

The only error in the video is the period of the onset of the weekly rest- The weekly rest period must begin no later than after the end of the six 24-hour periods following the previous weekly rest period.

ZlojDalnoboy has released AntiBAG Tahograf, an application for tracking work and rest.

Download and install the application AntiBAG Tahograf for Android 4.0 or lateryou can follow the link https://play.google.com/store/apps/details?id=com.intexsoft.intexsofttahograf

Driver confirmation form

1. All items on this form must be completed before the flight transport company and the appropriate driver.
2. Changing the text of the form is not allowed.
3. The form is considered valid if it is signed by both an authorized representative of the transport company and the driver himself. In the case of individual enterprises, the driver signs the form once on behalf of the enterprise and once as a driver. Only the signed original of this document is considered valid.
4. Exemplary sample of filling out the activity confirmation form (attached) , as a certificate of the period of time during which the driver was on sick leave or annual leave or if he was driving a vehicle not covered by the provisions of the AETR. These Forms must be accepted at all roadside checks in the territory of AETR Contracting Parties, including those in the countries of the European Union.

The form must be drawn up in a machine-readable way in Latin letters

Model forms , are not binding, but if they are used, they must comply with the established content

Penalties for violation of the work and rest regime in Europe

Driving and rest time for vehicle drivers.

(according to the regulation of the European Parliament 561/2006).

1. The daily duration of driving a motor vehicle should not exceed 9 hours. Twice a week, it can be increased to 10 hours.

2. Accordingly, the weekly driving time cannot exceed 56 hours (4 days x 9 hours + 2 days x 10 hours).

3. The total duration of driving a motor vehicle during any two consecutive weeks may not exceed 90 hours.

4. The maximum period of driving without rest is four and a half hours, after which the driver takes a break of at least 45 minutes.

5. This break can be divided into two parts. A break of at least 15 minutes + a break of at least 30 minutes.

6. Duration common work during the day can not exceed 13 hours. Three times a week it can be extended up to 15 hours a day.

7. The total duration of continuous work (hammers) and driving cannot exceed six hours without a break.

8. During the day, the driver must have a continuous rest of at least 11 hours. The daily rest period can be reduced three times a week to 9 hours.

9. A daily rest period may be added to a weekly rest period.

10. During each working week, the driver must have a weekly rest, which must be at least 45 hours. This rest period can be reduced to 24 hours.

11. At the discretion of the driver, daily rest periods and reduced weekly rest periods away from home may be used on a vehicle if it has specially designed fixtures installed for the sleep of each driver, provided for by the design of the vehicle, and if this vehicle is parked.

12. Multi-crew drivers have a normal weekly rest period of at least 45 hours each week. This period may be reduced to no less than 24 hours (reduced weekly rest period). However, each reduction is offset by an equivalent rest period if used in its entirety by the end of the third week following the week in question.

13. A weekly rest period that falls within two weeks may be attributed to any of these weeks, but not to both.

14. In cases where the driver accompanies a vehicle transported by ferry or by railway, has a sleeping place and the possibility of rest, its normal daily rest can be interrupted no more than two times. This break must not exceed one hour before loading or after unloading. At the same time, operations customs clearance included in loading or unloading operations.

15. According to paragraph 12/561/2006, the driver may deviate from the provisions of these Rules to the extent that this is necessary to ensure the safety of persons on the vehicle, the vehicle or the load on it. The driver indicates the nature and reason for the departure from the rules on the printout of the tachograph immediately upon arrival at appropriate place parking.

16. The carrier arranges road transport so that drivers can comply with the provisions of this Regulation 561/2006.

17. The carrier constantly monitors the implementation of Directive 561/2006 by drivers.

18. Drivers vehicles ensure the correct operation of the tachograph, timely switching on and switching of the tachograph to the appropriate operating modes.

19. In the event that the driver was on vacation or if he drove a vehicle that is not subject to the provisions of these Rules, he must have confirmation from the employer.

Persons applying for work related to the movement of vehicles are subject to special requirements regarding how vocational training and health status, these requirements stem from special laws and other regulatory legal acts.

One of the fundamental factors in ensuring road safety is the health of the driver. The high intensity of traffic due to a significant increase in the number of vehicles imposes increased demands on drivers in terms of health. It is possible to determine violations and deviations in the state of health of drivers in a timely manner only if they undergo regular medical examinations. In addition, it is necessary to strictly observe the regime of work and rest of the drivers of the vehicle. Proper organization the work of employees operating vehicles is one of the key links in the prevention of road accidents.

The employer is obliged to keep records of the working time actually worked by each employee (Article 91 of the Labor Code of the Russian Federation). Such accounting can be daily, weekly and summarized.

Daily recording of working time is carried out with equal duration daily work. If the duration of daily work is determined by the schedule within the normal duration of the working week, which is 40 hours per week (Article 91 of the Labor Code of the Russian Federation), weekly accounting of working time is applied.

In those organizations where, according to the working conditions, the daily and weekly working hours established in the Labor Code of the Russian Federation for this category of workers cannot be observed, it is allowed to introduce a summarized accounting of working hours in order to monitor compliance with the norms of working hours established by labor legislation. At the same time, such accounting is carried out not within a week, but over a longer period - a month, a quarter, etc. Such a period is called an accounting period and cannot exceed one year (Article 104 of the Labor Code of the Russian Federation).

The summarized accounting of working time can be used in those organizations where the rotational method of organizing work is used, in organizations with a continuous production cycle, as well as in transport. Features of the regime of working time and rest time of employees with a special nature of work are determined in the manner established by the relevant federal authorities executive power. Such rules are established for certain categories of workers in water transport, communications, aviation, railway transport, car drivers.

By order of the Ministry of Transport of the Russian Federation of August 20, 2004 N 15, the Regulation on the features of the working hours and rest periods of car drivers was approved (hereinafter referred to as the Regulation). The regulation came into force on November 20, 2004. This document is addressed to drivers and employers carrying out transportation activities on the territory of the Russian Federation. The regulation establishes the features of the regime of working hours and rest time for drivers working under an employment contract on cars owned by organizations, regardless of organizational and legal forms and forms of ownership, individual entrepreneurs and other persons. These features of the regime of working time and rest time are mandatory when drawing up work (shift) schedules for drivers.

The Regulation does not apply to the work of drivers employed in international transportation, as well as those working as part of shift teams with a shift method of organizing work.

The regulation establishes that the working time of the driver (for which he is entitled to receive earnings) consists of the following periods:

a) driving time;

b) time special breaks to take a break from driving on the road and at the final destinations;

c) preparatory and final time for performing work before leaving the line and after returning from the line to the organization, and when intercity transportation- to perform work at the turnaround point or on the way (at the parking lot) before and after the end of the shift;

d) the time of the medical examination of the driver before leaving the line and after returning from the line;

e) parking time at points of loading and unloading of goods, at places of embarkation and disembarkation of passengers, at places where special vehicles are used;

f) downtime through no fault of the driver;

g) the time of work to eliminate the operational malfunctions of the serviced vehicle that occurred during work on the line, which do not require disassembly of the mechanisms, as well as the performance of adjustment work in field conditions in the absence of technical assistance;

h) the time of protection of the cargo and the car during parking at the final and intermediate points in the implementation of long-distance transportation in the event that such duties are provided for employment contract(contract) concluded with the driver;

i) the time of the driver's presence at the workplace when he is not driving a car, when two drivers are sent on a flight;

j) time in other cases stipulated by the legislation of the Russian Federation.

Working hours norm. The norm of working hours for drivers, as well as for all other categories of workers, cannot exceed 40 hours per week. At the same time, for drivers working according to the calendar of a five-day working week with two days off, the normal duration of daily work (shift) cannot exceed 8 hours, and for those working according to the calendar of a six-day working week with one day off - 7 hours.

The summarized recording of working time is established for drivers in cases where, due to working conditions, a 40-hour working week or a normal working day with a five-day working week cannot be observed. The Regulation provides that if an organization has a representative body of employees (primary trade union organization etc.) the summarized accounting of working hours is introduced by the employer, taking into account the opinion of such a body.

At the same time, the duration of the accounting period is one month, that is, the duration of working time during the month should not exceed the normal number of working hours with a 40-hour five-day working week. Article 152 of the Labor Code of the Russian Federation provides that overtime work is paid for the first two hours of work at least one and a half times, for subsequent hours - at least double the amount. Specific amounts of payment for overtime work may be determined by a collective agreement, local normative act or an employment contract. At the request of the employee, overtime work, instead of increased pay, may be compensated by providing additional rest time, but not less than the time worked overtime.

The Regulation provides (clause 8) that for the transportation of passengers in the resort area in the summer-autumn period and for other transportation related to servicing seasonal work, accounting period can be set up to 6 months.

The regulation contains an imperative norm (clause 4) that the employer is obliged (!) to draw up monthly work (shift) schedules for all drivers on the line for each day (shift) with daily or summarized accounting of working time and bring them to the attention of drivers later than 1 month prior to entry into force.

Work (shift) schedules regulate the start, end and duration of daily work (shift), breaks for rest and meals, daily (between shifts) and weekly rest. The schedule of work (shifts) is approved by the employer, taking into account the opinion of the representative body of employees, if it is created in the organization.

As a rule, with the summarized accounting of working time, the duration of the daily work (shift) of drivers cannot exceed 10 hours. The regulation provides for a number of exceptions to this rule. So, in intercity transportation, when the driver needs to be given the opportunity to get to the appropriate place of rest, the duration of daily work (shift) can be increased to 12 hours. If the driver's stay in the car is expected to last more than 12 hours, two drivers are sent on a flight. The Regulation provides (clause 10) that in this case the car must be equipped with a sleeping place for the driver to rest.

Overtime work (with the total accounting of working time) during the working day (shift) together with work according to the schedule should not exceed 12 hours (clause 23). An exception is provided for work, the performance of which is necessary for the defense of the country, the prevention of a production accident or the elimination of the consequences of a production accident or natural disaster, as well as if it is necessary to complete the work begun, the failure to complete which may lead to damage or destruction of the property of the employer, state or municipal property or endanger the life and health of people. In accordance with Art. 99 of the Labor Code of the Russian Federation, the duration of overtime work should not exceed four hours for each employee for two consecutive days and 120 hours per year. Thus, the Labor Code of the Russian Federation allows for the involvement of drivers in overtime work for more than 2 hours a day. For example, on one day the duration of overtime work can be 3 hours and 30 minutes, and the next day - no more than 30 minutes.

At the same time, the involvement in overtime work is carried out by the employer with the written consent of the employee. The employer is obliged to ensure that overtime work performed by each employee is accurately recorded.

Breaks, holidays. With the total accounting of working time and with a work shift duration of more than 8 hours, the driver, at the discretion of the employer, may be provided with two breaks for rest and food with a total duration of no more than 2 hours and no less than 30 minutes.

The specific time for providing such breaks and their specific duration is established by the employer, taking into account the opinion of the representative body of employees or by agreement between the employee and the employer (clause 24).

With the summarized accounting of working time, the duration of daily (that is, between shifts) rest must be at least 12 hours (clause 25). So, if the driver's shift ended at 20.00, then the next day his shift can begin no earlier than 8 am.

On long-distance transportation, with a summarized accounting of working time, the duration of daily (inter-shift) rest at turnover points or at intermediate points cannot be less than the duration of the previous shift (clause 25).

For example, if the duration of a driver's shift is 10 hours, then rest between shifts cannot be less than 10 hours. If his shift ended at 20.00, then the next day the shift cannot begin earlier than 6 o'clock in the morning.

If the vehicle crew consists of two drivers, then the rest between shifts must be at least half the time of this shift with a corresponding increase in rest time immediately after returning to the place permanent job. So, if the driver, who has a work shift duration of 10 hours, ended at 17.00, then his next shift can begin no earlier than at 22.00. In this case, upon returning from the flight, another 5 hours must be added to the weekly rest time (weekends).

Days off (weekly uninterrupted rest) are set on different days of the week according to work (shift) schedules, while the number of days off in the current month must be at least the number of full weeks of this month (clause 27).

On average, for the reference period, the duration of the weekly uninterrupted rest should be at least 42 hours. If the shift on the eve of the weekend ended at 20.00 Saturday, then the next shift can begin no earlier than 14.00 Monday. At the same time, on intercity transportation, with a summarized accounting of working time, the duration of the weekly rest can be reduced, but not less than up to 29 hours (clause 28).

With the summarized accounting of working hours, work in holidays, established for the driver by the work (shift) schedule as workers, is included in the standard working time of the accounting period. In accordance with Art. 153 of the Labor Code of the Russian Federation, employees whose work is paid at daily and hourly rates, work on a holiday is paid in the amount of at least double the daily or hourly rate.

Thus, if, with the summarized accounting of working time, the duration of daily work (shift) for drivers exceeds 8 hours, in order not to exceed the norm of working time during the month (accounting period), when drawing up shift schedules, the duration of the inter-shift and weekly rest should be increased (days off).

Organization of the accounting of working hours of drivers. Drivers' working hours are recorded on the basis of a time sheet, waybills and other primary accounting documents.

Working time drivers working daily at certain hours, established by the rules internal work schedule or shift schedules, is taken into account daily in waybills and time sheets (forms N T-12, T-13), the forms of which are approved by the Decree of the State Statistics Committee of the Russian Federation of 01/05/2004 N 1.

Forms of waybills are approved by the Decree of the State Statistics Committee of Russia dated November 28, 1997 N 78, and they include:

Waybill passenger car(form N 3);

Waybill special vehicle(Form N 3 special.);

Waybill of a passenger taxi (form N 4);

Waybills truck(forms N 4-s, 4-p);

Bus waybill (form N 6);

Waybill of a non-public bus (form N 6 special).

To account for waybills, a journal for registering the movement of waybills is intended.