How does the working day of a public transport driver begin?

Drivers are characterized by 4 types of time:

driving time - the period of time when the driver performs his immediate duty - driving the bus (duration of driving);

active working time - the time when the bus is in a stopped state, and the driver does not perform his immediate duties, but, nevertheless, is engaged in some kind of physical labor (repair and maintenance of the bus, refueling and washing, presence during boarding, disembarking passengers and etc.);

passive working time - the time when the driver is not engaged in active physical labor, but at the same time cannot leave workplace, namely: the time spent by the second crew member in the moving bus. Waiting time during which drivers are not required to remain at their workplaces, except in response to possible signals to cash or resume driving, or to perform other work;

driver rest time. The bus is in the parking lot, the driver is resting in a hotel, motel, camping or on the bus, if there is a special place for sleeping provided for by the design of the vehicle. This also includes a break in management.

The duration of administration should not exceed 9 hours per day. It can be increased to 10 hours, no more than two in one week. The duration of administration during the week should not exceed 56 hours. At the same time, during any two consecutive weeks, it should not exceed 90 hours.

After 4.5 hours of driving, the driver must be allowed a rest of at least 45 minutes, which may be replaced by two breaks of 15 and 30 minutes.

Within 24 hours, a daily rest of at least 11 hours must be provided, which can be divided into 2 periods: the first - at least 3 hours, the second - at least 9 hours. Daily rest can be reduced to 9 hours no more than 3 times during the week.

Multi-crew drivers must have a normal weekly rest period of at least 45 hours each week. The weekly rest for two drivers may be reduced to a maximum of 24 hours with full rest compensation until the end of the third week following the week in question.

Drivers' work schedule is presented in Table 2.3.

Table 2.3 – Drivers work schedule

Day of work		First Driver		Second Driver
		Departure for the flight, boarding passengers 0:30		Rest on the bus
		Movement 3:41
		Change of drivers 0:10
		Rest on the bus		Movement 3:31
				Refueling the bus 0:20
				Movement 0:07

		Movement 3:26		Rest on the bus
		Change of drivers 0:10
		Rest on the bus		Movement 3:31
		Daily rest 9:34
Time	behind the wheel
	work
		Excursion, bus refueling 10:00
		Movement 1:57		Rest on the bus
		Change of drivers 0:10
		Rest on the bus		Movement 1:50
		Daily rest 10:03
Time	behind the wheel
	work


Continuation of table 2.3
		Excursion 10:00
		Rest on the bus	Movement 2:38
		Change of drivers 0:10
		Movement 2:21		Rest on the bus
		Daily rest 9:41
Time	behind the wheel
	work
		Movement 2:52		Rest on the bus
		Excursion 10:00
		Daily rest 10:08
Time	behind the wheel
	work
		Rest on the bus		Movement 2:52
		Change of drivers 0:10
		Movement 4:17		Rest on the bus
		Driver change, bus refueling 0:20
		Rest on the bus		Movement 4:35
		Daily rest 10:00
Time	behind the wheel
	work
		Rest on the bus	Movement 3:51
		Change of drivers 0:10
		Movement 0:59	Rest on the bus
		Border and customs control 1:30
		Refueling the bus 0:20	Rest on the bus
		Movement 3:34
		Change of drivers 0:10
		Rest on the bus	Movement 2:02
		Change of drivers 0:10
		Movement 1:49	Rest on the bus
		Arrival, disembarkation of passengers 0:15
Time	behind the wheel
	work
Total	behind the wheel
	work

The organization of the work of drivers should ensure:

cargo transportation safety

transport process, including the movement of the car and loading and unloading

Driving time.
Time of stops for a short rest from driving on the way and at the final points.
Preparatory time for work before leaving the line and after returning from the line, and when intercity transportation– to perform work at the delivery point or on the way before the start and after the end of the shift.
The time of the medical examination of the driver before leaving the line and after returning from the line.
Parking time at loading and unloading points.
Downtime is not the fault of the driver.
The time of work to eliminate the operational malfunctions of the vehicle that occurred during work on the line, as well as adjustment work in field conditions in the absence of technical assistance.
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, if such obligations are provided for by the employment contract (contract) concluded with the driver.
The time of presence at the workplace of the driver when he does not drive the car when two drivers are sent on a flight.
Time in other cases provided for by law Russian Federation.

Drivers are provided with lists (reminders) of telephone numbers for the prompt call of a technical assistance vehicle and an on-duty dispatcher of a motor transport company (loading and unloading point), as well as the coordinates of customers - consignors and consignees.

Breaks during the work shift for rest and meals.
Daily and weekly rest, rest on holidays and other days provided for by the legislation of the Russian Federation.
Annual paid leave and additional holidays in the manner prescribed by the legislation of the Russian Federation, the collective agreement (agreement).

Drivers are given a break for rest and meals lasting no more than 2 hours, as a rule, in the middle of a work shift, no later than 4 hours after the start of work.

So,

The driver must know:

clear work auto Vehicle
cargo transportation safety
full use of the working hours for accounting period
compliance with the length of the working day established by labor legislation, the procedure for providing rest and breaks in work for eating, high labor productivity

The work of a truck driver is carried out according to the following scheme:

preparatory work performed by the driver before leaving the line and upon returning
time for pre-trip medical examination
transport process, including the movement of the car and loading and unloading

In general, the composition of the driver's working time is as follows:

1. Driving time.
2. Time of stops for short breaks from driving en route and at final destinations.
3. Preparatory time for performing work before leaving the line and after returning from the line, and for long-distance transportation - for performing work at the delivery point or on the way before the start and after the end of the shift.
4. The time of the medical examination of the driver before leaving the line and after returning from the line.
5. Parking time at the points of loading and unloading of goods.
6. Downtime through no fault of the driver.
7. The time of work to eliminate the operational malfunctions of the vehicle that occurred during work on the line, as well as adjustment work in the field in the absence of technical assistance.
8. 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, if such obligations are provided for by the employment contract (contract) concluded with the driver.
9. The time of presence at the workplace of the driver when he does not drive the car when two drivers are sent on a flight.
10. Time in other cases provided for by the legislation of the Russian Federation.

The regime of work and rest for drivers carrying out transportation is established in accordance with the Regulations on working hours and rest time for car drivers, approved by the Decree of the Ministry of Labor and Social Development of the Russian Federation of 06/25/99 No. 16 (as amended on 10/23/01).

This Regulation applies to drivers working under an employment contract (contract) on cars owned by cars registered in the territory of the Russian Federation:

organizations, regardless of their organizational and legal forms and forms of ownership, departmental subordination (with the exception of drivers employed in international transportation, as well as those working as part of shift teams with a shift method of organizing work)
entrepreneurs who transport goods on the territory of the Russian Federation for commercial purposes, as well as use cars to meet their own production needs.

During working hours, the driver must fulfill his labor duties in accordance with the terms of the employment agreement (contract), labor schedule or work schedule.

The normal working hours of drivers may not exceed 40 hours per week.

For drivers working on a five-day working week with two days off, the duration of daily work (shift) cannot exceed 8 hours, and for those working on a six-day working week with one day off - 7 hours.

In those cases when, due to the conditions of production (work), the established daily or weekly working hours cannot be observed, drivers can be assigned a summary record of working hours (as a rule, for a month). The decision to establish a summarized accounting of working time is made by the employer in agreement with the relevant elective trade union body or other representative body authorized by employees, and in their absence, in agreement with the employee, fixed in the employment contract or annex to it.

With the summarized accounting of working time, the duration of daily work (shift) for drivers can be set to no more than 10 hours.

In the case when, during intercity transportation, the driver needs to be given the opportunity to reach the appropriate place of rest, the duration of daily work (shift) can be increased up 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. In this case, such a car must be equipped with a sleeping place for the driver to rest. Simultaneous work in the car of two drivers in the absence of a special place for drivers to rest in the car is prohibited.

When involved in overtime work, the total duration of the daily work of the shift should not exceed 12 hours. Overtime work is applied in the manner prescribed by law (Article 99 Labor Code RF).

The daily duration of driving a car during the period of daily work (shift) cannot exceed 10 hours, and in mountainous areas when transporting heavy, long and oversized cargo cannot exceed 8 hours.

In case of summarized accounting of working time by the decision of the employer, agreed with the relevant elected trade union body or other representative body authorized by employees (and in their absence - with the employee), no more than twice a week, the daily duration of driving a car can be increased up to 10 hours. In this case, the total duration of driving for two weeks in a row should not exceed 90 hours.

After the first three hours of continuous driving (for example, on long-distance transportation), a stop for a short rest of the driver lasting at least 15 minutes is provided; in the future, a stop of this duration is provided for no more than every 2 hours. The frequency of breaks in driving for a short rest for the driver and their duration are indicated in the time task for driving and parking the car.

When providing the driver with a break for rest and meals, the specified short-term stops for rest by the driver are not provided.

Composition and duration preparatory work, included in the preparatory time and the time of the medical examination of the driver, are established by the employer in agreement with the relevant elected trade union body or other body authorized by employees, and in their absence - in agreement with the employee, fixed in the employment contract or annex to it.

The time of protection of the cargo and the car is credited to the driver in work time not less than 1/3. The specific duration of the time of protection of the cargo and the car, counted to the driver during working hours, is established by the employer in agreement with the relevant elected trade union body or other representative body authorized by employees, and in their absence - in agreement with the employee, fixed in the employment contract or annex to it.

If transportation by one car is carried out by two drivers, the time for the protection of the cargo and the car is taken into account in the working time for only one driver.

An agreement between the employer and the driver may establish a different procedure for recording parking time with simultaneous protection of the cargo and the car.

The time of presence at the workplace of the driver, when he does not drive the car when two drivers are sent on a flight, is counted towards his working time in the amount of at least 50 percent. The specific duration of the driver’s presence at the workplace, when he does not drive a car when two drivers are sent on a flight, counted as working hours, is established by the employer in agreement with the relevant elected trade union body or other representative body authorized by employees, and in their absence - in agreement with employee, fixed in the employment contract or annex to it.

The rest time for drivers is set and in accordance with labor law Russian Federation.

Drivers are entitled to:

1. Breaks during the work shift for rest and meals.
2. Daily and weekly rest, rest on holidays and other days provided for by the legislation of the Russian Federation.
3. Annual paid leave and additional holidays in the manner prescribed by the legislation of the Russian Federation, the collective agreement (agreement).

Drivers are given a break for rest and meals lasting no more than 2 hours, as a rule, in the middle of a work shift, no later than 4 hours after the start of work.

If the duration of the daily working time is more than 8 hours, the driver is provided with two breaks for rest and meals with a total duration of not more than 2 hours. The specific duration of a break for rest and meals (the total duration of breaks) is established by the employer in agreement with the relevant elected trade union body or other representative body authorized by employees, and in their absence - in agreement with the employee, fixed in the employment contract or annex to it.

The duration of the daily (between shifts) rest, together with the break time for rest and meals, must be at least twice the length of the working time on the working day (shift) preceding the rest.

In long-distance transportation, with a summarized accounting of working time, the duration of daily (inter-shift) rest at turnover points or at intermediate points can be set not less than the duration of the previous shift, and if the vehicle crew consists of two drivers, at least half the time of this shift with a corresponding increase rest time immediately after returning to the place permanent job.

The weekly uninterrupted rest must immediately precede or immediately follow the daily rest, and the total length of the rest time, together with the break for rest and meals on the previous day, must be at least 42 hours.

With the summarized accounting of working time, weekly rest days are set on different days of the week according to shift schedules, while the number of weekly rest days in the current month must be at least the number of full weeks of this month.

In the event that drivers, with the summarized accounting of working hours, work shifts lasting more than 10 hours, the duration of the weekly rest may be reduced, but not less than 29 hours. On average, for the reference period, the duration of the weekly uninterrupted rest should be at least 42 hours.

AT holidays drivers are allowed to work if these days are provided for by shift schedules as working days, in cases where the suspension of work is impossible due to production and technical conditions (continuously operating organizations), at work related to the need to serve the population, and when performing urgent repair and loading and unloading work .

With the summarized accounting of working hours, work on holidays according to the schedule is included in the norm of working hours of the accounting period. Work schedules are drawn up for all drivers on a monthly basis for each day or shift with daily and summarized accounting for working hours and are brought to the attention of drivers two weeks before they are put into effect. They set the start, finish and duration of daily work, the time of breaks for rest and meals, as well as the time provided for inter-shift and weekly rest. The schedule of work (shift) of drivers is approved by the administration of the motor transport enterprise. The driver must be informed about the change in the work schedule at least one day before the start of work.

The motor transport enterprise is obliged to ensure the minimum, within the established norms, the time spent on preparing vehicles for departure, issuing travel documentation.

The department of operation of a motor transport enterprise that performs freight transportation, in order to ensure the safety of vehicle traffic, carries out:

1. Pre-trip and post-trip medical examinations of drivers with a mandatory note on their conduct in the waybill.
2. Providing drivers before leaving for a flight with a recommended timetable and a route map indicating dangerous places.
3. Analysis of the performance of all scheduled flights.
4. Regular checks of driver's licenses and daily informing drivers when leaving for a flight about the weather and travel conditions (fog, ice, etc.) with a mandatory note in the waybill.
5. Establishing reduced speeds, and, if necessary, stopping traffic if road or meteorological conditions (destruction pavement, ice, heavy snow, fog, drifts, etc.) pose a threat to the safety of cargo transportation.
6. Control over the mode of work and rest of drivers.
7. Establishment of a working regime and a place of rest along the route when sending drivers on one-time long-distance flights or business trips.
8. Control over the operation of the rolling stock on the line, compliance by drivers with the "Rules traffic».
9. Medical re-examination of drivers on time.
10. Taking necessary compliance measures established norms carrying capacity not exceeding the total carrying capacity of the vehicle specified in technical specification car of this brand.

Forms of labor organization of drivers, used depending on the nature of cargo flows, length of routes and mode of operation:

1. The work of drivers is organized according to the individual or team method of organizing a pile.
Teams of drivers are created on the principle of serviced objects by uniting drivers involved in the export of products from manufacturers, railway stations, trade and intermediary enterprises, etc. The brigade is led by a foreman. The composition of the brigade and the number of rolling stock assigned to it is determined based on the volume and nature of transportation, as well as the mode of operation of cargo handling points.
2. On regular intercity routes, the following systems for organizing the work of drivers should be applied:

single driving - one driver works in the car during the entire turn on the route. It is used, as a rule, on routes where the turnover of the car is made during the work shift of the driver;
shift driving - the car is serviced by a team of drivers, the change of which is carried out at the borders of adjacent sections, established at the locations motor transport enterprises or others settlements. Each driver works in one car on a certain section of the route. It is used on routes with a length of more than 250 km;
shift-group driving - a team of drivers is assigned to several cars, each driver works on different cars, but on a certain section of the route. It is used on routes with a length of more than 250 km.

For continuous recording of the distance traveled and the speed of movement, the time of work and rest of the driver, tachographs are installed on freight vehicles.

The rules for the use of tachographs in road transport in the Russian Federation were approved by order of the Minister of Transport of the Russian Federation No. 86 of July 7, 1998. They were developed and put into effect in order to implement the Decree of the Government of the Russian Federation of August 3, 1996 No. 922 “On Improving the Safety of Intercity and International Transportation of Passengers and cargo by car”, which provided for the equipment of newly manufactured trucks with a gross weight of over 15 tons, intended for long-distance and international transportation, with tachographs from January 1, 1998.

Tachographs used on trucks intended for long-distance and international transportation must comply with the requirements of the European Agreement concerning the work of crews of vehicles engaged in international road transport. In connection with the installation of tachographs on vehicles, drivers and management of transport organizations have a number of additional responsibilities.

Decree of the Ministry of Labor of Russia dated November 10, 1992 No. 31 (as amended on August 4, 2000) as part of the tariff and qualification characteristics for industry-wide professions of workers, characteristics for car drivers of 4-6 categories were approved.

So, the truck driver of the 4th category performs the following work:

1. Driving trucks (road trains) of all types with a carrying capacity of up to 0 tons (road trains - according to the total carrying capacity of the car and trailer).
2. Refueling vehicles with fuel, lubricants and coolant.
3. Verification technical condition and receiving the car before leaving the line, handing it over and putting it in the allotted place upon returning to the car fleet (transport organization).
4. Submission of vehicles for loading and unloading of goods and control over the loading, placement and securing of cargo in the car body.
5. Elimination of minor malfunctions that have arisen during work on the line that do not require disassembly of the mechanisms.
6. Registration of travel documents.
7. Performance of the whole range of works on repair and maintenance of a controlled vehicle (in the absence of a specialized car maintenance service in the organization. At the same time, it is charged one category higher).

The work of the driver of a car of the 5th category is as follows:

1. Exercise by trucks (road trains) of all types with a carrying capacity of more than 10 to 40 tons (by road train - according to the total carrying capacity of the car and trailer).
2. Elimination of operational malfunctions of the serviced vehicle that occurred during work on the line and do not require disassembly of the mechanisms.
3. Implementation of adjustment work in the field in the absence of technical assistance.
4. Performance of the whole range of works on repair and maintenance of a controlled vehicle (in the absence of a specialized vehicle maintenance service in the organization.
At the same time, it is charged one category higher).

The driver is assigned rank 6 if he manages trucks(road trains) of all types with a carrying capacity of more than 40 tons (road trains - according to the total carrying capacity of the car and trailer).

The driver must know:

1. Purpose, device, principle of operation and operation of units, mechanisms and instruments of serviced vehicles.
2. Rules of the road and technical operation cars.
3. Causes, methods for detecting and eliminating faults that have arisen during the operation of the car.
4. The procedure for maintenance and the rules for storing cars in garages and open parking lots.
5. Rules of operation batteries and car tires.
6. Rules for running in new cars and after major repairs.
7. Rules for the carriage of goods, incl. perishable and dangerous.
8. Influence weather conditions on driving safety.
9. Ways to prevent traffic accidents.
10. The device of the radio installation and composters.
11. Rules for submitting vehicles for loading and unloading.
12. Rules for filling out primary documents for accounting for the operation of a serviced vehicle

If the driver transports dangerous goods, then he needs to know:

1. General requirements requirements for the transport of dangerous goods and their responsibilities.
2. The main types of danger.
3. Preventive measures and security measures appropriate various types danger.
4. Measures to be taken after an accident (first aid, road safety, basic knowledge of how to use protective equipment, etc.).
5. Signs and markings to indicate danger.
6. Appointment technical equipment vehicle and control.
7. Behavior of a vehicle with tanks or tank containers during movement, including the movement of cargo.

Responsibilities of drivers

Ensuring the correct operation of the tachograph, its timely switching on and switching of the tachograph handles to the appropriate operating modes.
Timely installation, replacement and proper filling of registration sheets, as well as ensuring their safety.
Use of registration sheets every day during which he drove the vehicle, starting from the moment it was accepted.
In the event of a tachograph failure, keep a record of the mode of work and rest on the back of your registration sheet by hand using the grid applied to it with the appropriate graphic designations and informing the transport organization about it.
Availability and presentation for control to employees of inspecting bodies of completed registration sheets for the current week and for the last day of the previous week, during which he drove the vehicle.

Providing an opportunity for employees of inspecting bodies to control the error of the brand and the plates installed on the tachographs with its settings

Responsibilities of the transport organization

Issuance to drivers of a sufficient number of registration sheets of the established form, suitable for use on the tachograph with which the vehicle is equipped, bearing in mind the personal nature of the registration sheets.
Storage of the completed registration sheets of each driver for at least 1 2 months from the date of the last entry and a certificate of tachograph checks - for 3 years from the date of their issue.
Analysis of data in the registration lists and, in case of violations, taking measures to suppress them.
Presentation of the completed registration sheets of each driver for control to the employees of the inspecting authorities.

Ensuring serviceable tachographs installed on vehicles.

Driver shift schedule sample its compilation is given below - important document, used to track the working time of employees in the organization. Let's take a closer look at what this graph is.

What is a shift work schedule for drivers?

The shift schedule for drivers is a document that reflects the accounting of drivers' working hours. It's about about shift work. The main rule that the legislator imposes on the preparation of this paper is that the working time of drivers, which is measured in hours, should not exceed the maximum allowable duration shifts; at the same time, the total number of shifts (if a summarized record of working time is kept) must ensure compliance with the norms of working hours for the accounting period.

The general rule is that during one shift without a break, the driver can drive a car for no more than 9 hours. However, if the organization has introduced a summarized accounting of working hours, then the driver can drive the car without a break up to 10 hours per shift, but not more than 2 times in one week.

The working time of drivers will include not only the period during which they drive the car, but also the time period when they rest, prepare the vehicle for departure, undergo a medical examination, wait for loading, etc.

As a rule, the schedule is approved by the head of the organization. It is compiled by a specialist in the personnel department or the immediate supervisor of drivers. The schedule is drawn up once a month (it can be either more often or less often) and, after approval by the head of the company, it is transferred to the accounting department for payroll calculation.

The legislator does not allow the driver to work for 2 or more shifts in a row without interruptions.

Below we will consider a sample of drawing up a document and indicate the main points that you should pay attention to when drawing up a schedule.

Driver shift schedule: sample

The legislator does not impose any requirements on the form and content of the shift schedule. That is why the employer has the right to approve his requirements for the preparation of the document in local acts. In order to form a schedule, the head of the organization has the right to use unified form, which is used for the time sheet (T-12 or T-13).

With this in mind, it is desirable to reflect the following information in the shift schedule:

The personnel number of the employee according to information from the personnel department. This number is indicated in the personal card.
Full name of the employee.
Position in accordance with the employment contract.
Calendar days on which he worked.
Calculation of working days and hours in the reporting period.
If available, weekends and vacation days are also counted.

The shift schedule should explain how much:

work shifts were in a month;
is the duration of one shift;
there is a break for rest;
there are working drivers;
constitutes the working hours.

indication of shifts (1, 2, 3, etc.);
departure time on the route;
end time of the shift;
a break that is used for rest or meals;
return time from the route;
end of shift.

The employees whose work information is included in the document must be familiarized with the schedule without fail. Unlike the time sheet, which can also be used in an organization when a signature is not required, the legislator introduced this rule as a mandatory one for the schedule. Otherwise, the employee will not know his schedule labor activity, rest time, start and end of shift, etc.

You can find a sample shift schedule for drivers on our website.

Features of the regime of working time and rest time, working conditions of certain categories of workers, whose work is directly related to the movement of vehicles, are regulated by orders:

– Ministry of Transport of Russia dated 10/18/2005№127for tram and trolleybus drivers;

– Ministry of Transport of Russia dated 06/08/2005№63for metro workers;

– Ministry of Railways of Russia dated 05.03.2004№7for certain categories of workers railway transport, directly related to the movement of trains, etc .;

– Ministry of Transport of Russia dated 08/20/2004№15for car drivers (Regulations on the peculiarities of working hours and rest time for car drivers).

In the article, we consider the features of the working hours and rest time of car drivers.

On 07/05/2014, the amendments adopted by the Order of the Ministry of Transport of Russia dated 12/24/2013 No. 484 "On Amendments to the Regulations on the Peculiarities of the Working Hours and Rest Time for Car Drivers" came into force.

The changes affected mainly the redistribution of rest time during the working day and time daily rest drivers. This redistribution must be taken into account when calculating the salaries of drivers.

The regulation approved by the Ministry of Transport of Russia dated August 20, 2004 No. 15 establishes the features of the working hours and rest periods of drivers (with the exception of those employed in international transportation, as well as those working as part of shift teams with a shift method of organizing work), working under an employment contract on cars, belonging to organizations registered in the territory of the Russian Federation, regardless of organizational and legal forms and forms of ownership, departmental affiliation, individual entrepreneurs and other persons carrying out transportation activities.

All issues of working time and rest time not provided for by the Regulations are regulated by the labor legislation of the Russian Federation.

1. Driver's working hours

According to Art. 91 of the Labor Code of the Russian Federation, working time includes not only the time during which the employee performs labor duties, but also other periods.

Clause 15 of the Regulation establishes that the working hours of drivers include:

– driving time;

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

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

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

- 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;

– downtime through no fault of the driver;

- the time of work to eliminate the operational malfunctions of the 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 the field in the absence of technical assistance;

- 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 if such obligations are provided for by the employment contract (contract) concluded with the driver;

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

- time in other cases provided for by the legislation of the Russian Federation.

According to part 2 of Art. 91 of the Labor Code of the Russian Federation, the normal working time should not exceed 40 hours per week.

1.1. Driver working hours

According to Art. 100 of the Labor Code of the Russian Federation, the working hours must comply with:

– the terms of the employment contract;

- internal rules work schedule organizations;

- work schedule (shifts).

According to clause 7 of the Regulations, normal Drivers may not work more than 40 hours per week. At the same time, the normal duration of daily work (shift) cannot exceed:

- 8 hours - for drivers working according to the calendar of a five-day working week with two days off;

- 7 hours - for drivers working according to the calendar of a six-day working week with one day off.

If the normal hours of work cannot be observed, the drivers are summarized accounting of working hours with a duration of the accounting period of 1 month.(clause 8 of the Regulations) or up to 6 months. - on the transportation of passengers in the resort area in the summer-autumn period and on other transportations related to servicing seasonal work.

With the summarized accounting of working time, the duration of the daily work (shift) of drivers cannot exceed 10 hours (clause 9 of the Regulations), but not more than twice a week (clause 17 of the Regulations). However, for two consecutive weeks, the driving time must not exceed 90 hours.

For intercity transportation, it can be increased to 12 hours. And if the driver stays in the car for more than 12 hours, according to new edition Clause 10 of the Regulations two or more drivers are sent on a flight. In this case, the car must be equipped with a sleeping place for rest.

Also, up to 12 hours, it is possible to increase the shift for drivers who carry out transportation for healthcare institutions, public utilities, telegraph, telephone and postal services, emergency services, technological (intra-facility, intra-factory and intra-quarry) transportation without access to roads common use, streets of cities and other settlements, transportation in official cars when servicing state authorities and local governments, heads of organizations, as well as transportation in cash collection, fire and rescue vehicles. Such an increase is possible only if the total duration of driving during the period of daily work does not exceed 9 hours (clause 12 of the Regulation).

According to clause 13 of the Regulations, bus drivers working on regular city, suburban and intercity bus routes, with their consent, the working day can be divided into two parts. The division is made by the employer on the basis of a local regulatory act, adopted taking into account the opinion of the representative body of employees.

A break between two parts of the working day is set no later than 4 hours after the start of work. And the duration of the break between two parts of the working day should be no more than 2 hours, excluding time for rest and meals. In this case, the total duration of daily work (shift) should not exceed the duration of daily work (shift).

The break time between two parts of the shift is not included in the working time.

A break between two parts of the shift is provided at the places provided for by the timetable and providing the driver with the opportunity to use the rest time at his own discretion. Before the changes were made, a break was provided at the place of deployment or a place designated for the parking of buses and equipped for drivers to rest (clause 13 of the Regulations).

1.1.1. Establishing a shift work mode for the driver

For car drivers, shift work can be set.

According to Article 103 of the Labor Code of the Russian Federation, the employer must draw up shift schedules and no later than 1 month. prior to the introduction of shift schedules, they must be brought to the attention of employees by the employer

Schedules of work (shifts) when performing regular transportation in urban and suburban traffic are compiled by the employer for all drivers for each calendar month with daily or summarized accounting for working hours. Work (shift) schedules establish working days indicating the start and end times of daily work (shift), breaks for rest and meals in each shift, as well as days of weekly rest. Work schedules (shifts) are approved by the employer, taking into account the opinion of the representative body of employees and are brought to the attention of drivers.

1.1.2. Irregular working day of the driver

According to Art. 101 of the Labor Code of the Russian Federation and clause 14 of the Regulations, it is allowed to establish an irregular working day for drivers cars(except for taxi cars), as well as for drivers of vehicles of expeditions and survey parties, employed in geological exploration, topographic and geodetic and survey work in the field.

AT labor contract with the driver, a condition on the regime of irregular working hours can be included if this profession is provided for in the list of positions with irregular working hours. This list is set by the local normative act(for example, PWTR) or a collective agreement (Article 101 of the Labor Code of the Russian Federation).

1.2. Driver overtime

According to paragraph 23 of the Regulations, the use of overtime work is allowed in the cases and in the manner provided for in Art. 99 of the Labor Code of the Russian Federation.

With the summarized accounting of working time, overtime work during a working day (shift) together with work according to the schedule should not exceed 12 hours, with the exception of cases provided for in paragraphs. 1.3 hours 2 tbsp. 99 of the Labor Code of the Russian Federation.

Overtime work must not exceed 4 hours for each driver on two consecutive days and 120 hours per year.

2. Driver rest time

According to Art. 106 and 107 of the Labor Code of the Russian Federation, the employer is obliged to provide them with breaks during the working day, daily rest, days off, non-working holidays, holidays.

2.1. Break for rest and meals

The duration of the break for rest and meals provided to the driver must be at least 30 min., but no more than 2 hours during the shift or a working day (part 1 of article 108 of the Labor Code of the Russian Federation, paragraph 1 of clause 24 of the Regulation). If the driver works on a shift schedule, and daily work exceeds 8 hours, then he is given two breaks (paragraph 2, clause 24 of the Regulations). Moreover, their total duration should be from 30 minutes. up to 2 o'clock

The time for providing a break for rest and food and its specific duration (the total duration of breaks) are established by the employer, taking into account the opinion of the representative body of employees or by agreement between the employee and the employer.

2.2. Inter-shift rest

According to paragraph 25 of the Regulations, the duration of the daily (between shifts) rest, together with the break time for rest and meals, should be not less than twice the length of the working time on the working day preceding the rest (shift).

With the summarized accounting of working time, the duration of daily (between shifts) rest must be at least 12 hours.

On regular transportation in urban and suburban traffic, the duration of the daily rest time for drivers is 12 hours. Taking into account the remoteness of the employee’s rest place, it can be reduced by no more than 3 hours, that is, up to 9 hours. This processing must be compensated by providing a rest time of at least 48 hours immediately after the end of the extended work shift. Since processing is provided for by the work (shift) schedule and is compensated by the provision of rest time, it is not overtime work and therefore is paid in single size. Such a redistribution of rest time is possible upon a written application of the employee (in agreement with the trade union, if any).

On intercity transportation, the duration of the daily rest time at points of intermediate stops or parking can't be less than 11 o'clock.

This holiday can:

- reduce to 9 hours, but not more than three times in one week. Processing in this case is also not overtime for the same reasons as in the previous case. Therefore, it is paid in a single amount. Overtime is compensated by providing the driver with additional rest time until the end of the next week, which in total must be equal to the reduction in daily rest. For example, if during the week the rest time was reduced three times by 2 hours, that is, it was reduced by 6 hours in total, then by the end of the next week these 6 hours must be added to the driver’s daily rest time. They can be distributed both evenly and unevenly;

- on days when the duration of the rest is not reduced, it can be divided into two or three separate periods within 24 hours, provided that one of them is at least 8 hours in a row. Then the total length of daily rest time must be increased to at least 12 hours. Such an increase does not lead to a decrease in the norm of working time. And, consequently, to a decrease in the salary of the employee. Moreover, if during every 30 hours the car was driven by at least two drivers, each of them must be given a break of at least 8 hours in a row.

2.3. Weekly rest

According to clause 26 of the Regulations, weekly uninterrupted rest must immediately precede or immediately follow the daily (between shifts) rest, and its duration must be at least 42 hours.

With the summarized accounting of working time, 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.

2.4. Giving the driver a vacation

According to Articles 115,122 of the Labor Code of the Russian Federation, an employee must be granted annual paid leave of at least 28 calendar days. In accordance with Art. 116 of the Labor Code of the Russian Federation, employees of transport organizations are also entitled to additional paid leave for work with harmful and (or) dangerous working conditions, the duration of which cannot be less than 7 calendar days, as well as for the special nature of the work.

If the driver works in irregular working hours, he is entitled to additional leave lasting at least 3 calendar days (Article 119 of the Labor Code of the Russian Federation).

3. Consequences of violation of the regime of work and rest established by the driver

For violation of the regime of work and rest established by the driver, the perpetrators may be held administratively liable under Art. 5.27 of the Code of Administrative Offenses of the Russian Federation.

Art. 5.27 of the Code of Administrative Offenses of the Russian Federation entails the imposition of an administrative fine on officials in the amount of 1 to 5 thousand rubles; for persons engaged in entrepreneurial activities without education legal entity, - from 1 to 5 thousand rubles. or administrative suspension of activities for up to ninety days; for legal entities - from 30 to 50 thousand rubles. or administrative suspension of activities for up to 90 days.

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