I.General provisions

1. The regulation on working hours and rest time for car drivers (hereinafter referred to as the Regulation) establishes the specifics of regulating the work and rest of car drivers (hereinafter referred to as drivers) in accordance with labor law Russian Federation.

2. The provision is normative legal act, which applies to drivers working under an employment agreement (contract) on cars belonging to organizations registered in the Russian Federation, regardless of organizational and legal forms and forms of ownership, departmental subordination (with the exception of drivers engaged in international transportation, as well as working in composition of shift teams with a shift method of organizing work), entrepreneurs who transport goods and / or passengers on the territory of the Russian Federation for commercial purposes or use cars to meet their own production needs, as well as other persons.

3. The mode of work and rest provided for by this Regulation is mandatory when drawing up the work schedules of drivers. Timetables and schedules for the movement of vehicles in all types of messages should be developed taking into account the norms and requirements of this Regulation.

4. When intercity transportation cargo and passengers, the employer sets the driver a task for the time for the movement and parking of the car based on the norms of this Regulation.

II. Work time

1. During working hours, the driver must perform his job duties in accordance with the conditions employment contract(contract), work schedule or work schedule.

2. Normal working hours for drivers may not exceed 40 hours per week.

3. In those cases when, due to the conditions of production (work), the established daily or weekly working hours cannot be observed, drivers may be assigned a summary record of working hours (as a rule, for a month).

The decision to establish a summarized recording of working time is made 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.

4. With the summarized accounting of working time, the duration of daily work (shift) for drivers can be set 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.

When involved in overtime work, the total duration of daily work (shift) should not exceed 12 hours. Overtime work is applied in the manner prescribed by the legislation of the Russian Federation.

5. Drivers may be assigned irregular working hours.

The decision to establish an irregular working day is made 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 number and duration of work shifts according to shift schedules with irregular working hours are set based on the normal length of the working week, and weekly rest days are provided on a general basis.

6. The composition of the driver's working time includes:

a) driving time;

b) the time of stops for a short rest from driving on the way and at the final points;

c) preparatory and final time for performing work before leaving the line and after returning from the line to the organization, and for long-distance transportation - for performing work at the turnaround point or on the way (at the parking lot) before the start 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 vehicle that occurred during work on the line, as well as 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 if such obligations are provided for by the employment contract (contract) concluded with the driver;

i) the time of the driver's presence at the workplace when he does not drive the car when two drivers are sent on a flight.

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

7. The daily duration of driving during the period of daily work (shift) cannot exceed 9 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.

8. After the first 3 hours of continuous driving (for example, on intercity transportation), a stop for a short rest of the driver lasting at least 15 minutes is provided, in the future, a stop of such a duration is provided no more than every 2 hours. When stopping for a break for rest and meals, the specified additional time for a short rest is not provided to the driver of the car.

The frequency of breaks in driving for a short rest of the driver and their duration is indicated in the task for the time for driving and parking the car.

9. The composition and duration of the preparatory and final work included in the preparatory and final 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 representative body authorized by employees, and in their absence - in agreement with the employee, fixed in the employment contract or annex to it.

10. 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.

11. The time spent at the driver's workplace, when he does not drive a 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 (contract) or annex to it.

III. Time relax

1. Drivers, in accordance with the legislation of the Russian Federation, enjoy the right to:

a) breaks during the work shift for rest and meals;

b) daily rest;

c) weekly rest;

d) rest in holidays;

e) annual paid leave and additional holidays in the manner prescribed by the legislation of the Russian Federation, the collective agreement (agreement).

f) rest in other cases provided for by the legislation of the Russian Federation.

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

If the daily work (shift) duration of more than 8 hours is established by the shift schedule, the driver may be 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 (contract) or annex to it.

3. The duration of the daily (inter-shift) 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 of permanent work.

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

5. In the case of a 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.

6. In the event that drivers are assigned working shifts with a total duration of more than 10 hours, the duration of the weekly rest may be reduced, but not less than 29 hours. On average for accounting period the duration of the weekly uninterrupted rest must be at least 42 hours.

7. On 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 repairs and loading and unloading operations.

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.

The mode of work and rest of drivers.

Work and rest schedule for drivers vehicles is regulated by the Labor Code of the Russian Federation and specified on the basis of the Regulation on the peculiarities of the regime of working hours and rest time for car drivers, approved by order of the Ministry of Transport of the Russian Federation No. 15 of August 20, 2004 and registered with the Ministry of Justice of the Russian Federation on November 1, 2004 under No. 6094.

This Regulation establishes features of the regime of working time and rest time for drivers 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 on the territory of the Russian Federation.

This provision does not govern work and rest of drivers employed in international transportation, as well as those working as part of shift teams with a shift method of organizing work.

1. Working hours of the driver (Regulations on the peculiarities of the regime of working hours and rest time for car drivers).

1.1. The working time of the driver consists of the following periods:

a) driving time;

b) the time of special breaks for rest from driving on the way and at the final points;

c) preparatory and final time for performing work before leaving the line and after returning from the line to the organization, and for long-distance transportation - for performing work at the turnaround point or on the way (at the parking lot) before the start 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 the field 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 if such obligations are provided for by the employment contract (contract) concluded with the driver;

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

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

1.2. During working hours, the driver must perform his job duties. in accordance with the terms of the employment contract, the rules of the internal work schedule organization and work schedule (shift).

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

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.

1.4. In cases where, due to the conditions of production (work), it cannot be the established normal daily or weekly working hours are observed, drivers are given a summary record of working hours with a record period of one month.

For transportation of passengers in a resort area in the summer-autumn period and for other transportation related to servicing seasonal work, the accounting period can be set up to 6 months.

The duration of working time for the accounting period should not exceed the normal number of working hours.

The summarized accounting of working time is introduced by the employer, taking into account the opinion of the representative body of employees.

1.5. With the summarized accounting of working hours the duration of the daily work (shift) of drivers cannot exceed 10 hours, except for the cases provided for in paragraphs 1.6, 1.7 and 1.8.

1.6. 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, the car must be equipped with a sleeping place for the driver to rest.

1.7. With a combined account working hours for drivers working on regular urban and suburban bus routes, the duration of daily work (shift) can be increased by the employer up to 12 hours in agreement with the representative body of employees.

1.8. Drivers carrying out transportation for healthcare institutions, organizations of public utilities, telegraph, telephone and postal communications, emergency services, technological (on-site, intra-factory and intra-quarry) transportation without access to car roads common use, city streets and other settlements, transportation in official cars when servicing bodies state power and local governments, heads of organizations, the duration of daily work (shift) can be increased to 12 hours if the total driving time during the period of daily work (shift) does not exceed 9 hours.

1.9. Bus drivers working on regular urban, suburban and intercity bus routes, with their consent, the working day can be divided into two parts. The division is made by the employer based on the local normative act adopted taking into account the opinion of the representative body of workers.

A break between two parts of the working day is set no later than 4 hours after the start of work.

The duration of the break between two parts of the working day should be no more than two hours, excluding time for rest and meals, and the total duration of daily work (shift) should not exceed the duration of daily work (shift) established by paragraphs 1.3., 1.5., 1.6. and 1.7.

A break between two parts of the shift is provided at the place of deployment or a place designated for the parking of buses and equipped for drivers to rest.

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

1.10. Drivers cars(except taxi cars) as well as drivers of vehicles of expeditions and survey parties engaged in geological exploration, topographic and geodetic and survey work in the field, an irregular working day may be established.

The decision to establish an irregular working day is taken by the employer, taking into account the opinion of the representative body of the employees of the organization.

The number and duration of work shifts according to work schedules (shifts) with an irregular working day are established based on the normal length of the working week, and weekly rest days are provided on a general basis.

1.11. Application of overtime allowed in the cases and in the manner provided for in Article 99 Labor Code 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 by subparagraphs 1.3 of the second part of Article 99 of the Labor Code of the Russian Federation.

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

2. Control time by car(Regulations on the peculiarities of working hours and rest time for car drivers).

2.1. driving time during the period of daily work (shift) cannot exceed 9 hours (except for the cases provided for in paragraphs 2.2., 2.3.), and in mountainous areas when transporting passengers by buses with an overall length of more than 9.5 meters and when transporting heavy, long and oversized cargo cannot exceed 8 hours.

2.2. With the summarized accounting of working hours, the management time by car during the period of daily work (shift) can be increased up to 10 hours, but not more than twice a week. At the same time, the total duration of driving for two weeks in a row cannot exceed 90 hours.

2.3. With the summarized accounting of working hours for bus drivers, operating on regular urban and suburban passenger routes, a summarized record of driving time can be introduced. At the same time, the total driving time for two consecutive weeks, taking into account the driving time during the period of work in excess of the normal working hours (overtime work), cannot exceed 90 hours.

3. Driver rest time (Positionon the peculiarities of the working hours and rest time of car drivers).

3.1. Breaks during the working day (shift).

a) drivers are given a break for rest and meals lasting no more than two hours, as a rule, in the middle of a work shift;

b) with the shift schedule established duration of daily work (shift) of more than 8 hours, the driver may be provided with two breaks for rest and meals with a total duration of not more than 2 hours and not less than 30 minutes;

After the first 3 hours of continuous driving, the driver is given a special break to rest from driving on the road for at least 15 minutes, further breaks of this duration are provided no more than every 2 hours. In the event that the time of granting a special break coincides with the time of granting a break for rest and meals, no special break shall be granted.

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.

d) break time for rest and meals and its specific duration (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.

3.2. Daily (between shifts) rest.

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

b) with summarized accounting working hours, the duration of daily (between shifts) rest must be at least 12 hours;

c) on intercity transportation with the summarized accounting of working time, the duration of daily (between shifts) rest at turnover points or at intermediate points cannot be 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 in rest time immediately after return to the place of permanent work.

d) weekly continuous rest must immediately precede or immediately follow the daily (between shifts) rest, and its duration must be at least 42 hours.

e) 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.

e) on intercity transportation with the summarized accounting of working time, 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.

Autotrans-consultant.ru.

The provision regarding the mode of work and rest of drivers is a very important aspect labor activity people who are associated with vehicles. Much has been said about him. Each driver has his own individual work schedule. And it must be determined by special regulations. Well, the topic is important and interesting, so it should definitely be considered in more detail.

Time tracking

So, the first thing that concerns the mode of work and rest of drivers is the accounting of working time. There are only two types. The first is daily accounting. That is, the duration of each day is calculated. And it must be within the limits established by law.

The second one is cumulative. Here everything is a little different. The length of the days that the driver works out may vary. There are also long shifts that simply cannot meet the standards. However, despite this, the number of hours worked per month should not exceed the norm in any case.

Driver working time

It consists of several so-called periods. The first is the time during which a person drives a vehicle. The second is the number of hours that are set aside for special breaks designed for respite. There is nothing more important than the mode of work and rest of drivers. This is the aspect that really needs to be observed. Respite must be done during the journey and always at the final points.

The so-called preparatory-final time is also allocated, which is necessary to complete work before leaving and after returning. Medical examination - one more important point. The driver must be in good condition before making a flight.

Parking time, the process of loading and unloading cargo, boarding and disembarking passengers - this is also part of the work. Downtime is an unpleasant phenomenon that does not take extra minutes (and sometimes even hours), but it is also often included in the driver's working day. Sometimes there are some malfunctions in the car along the way. It is the responsibility of the driver to process them, or at least to take steps that could contribute to this.

The protection of cargo and the car itself is also part of the work of a person involved in transportation and transportation. Moreover, he must be at his workplace (that is, in or next to the vehicle) even when the vehicle is not in motion. In general, as you can see, the list is quite impressive. And the work is not easy and not safe. Therefore, it is very important for the driver to take breaks in time and maintain a cheerful state.

What you need to know

Something should be clarified when discussing the features of the mode of work and rest of drivers. For example, if a person's working day lasts 8 hours, then all of the above should be included in this time. That is, medical examinations (before and after the flight), breaks, etc. It happens that organizations offer the driver to rest by reducing the time allotted for lunch. It shouldn't be like that - it's not right.

It is also important to know that the time spent on guarding the cargo is not always fully counted. But it is necessary that the driver is paid at least 30%. Let's say a driver has an 8-hour workday. Of these, he guards the cargo for three hours while in the parking lot. The company counts the time both completely and 30%. If it is done as described in the last example, then out of 3 hours of protection on a working day, only one will turn on. Thus, the total working time will be ten hours.

Learn more about daily and summary accounting

This topic is worth discussing in more detail. So, if the company keeps daily records, then the driver of the car works out the standard forty hours a week. And if he goes to shift 5 times a week, then the duration of each day cannot be more than 8 hours. When the driver works for six days, then each of his shifts is a maximum of seven hours.

Summary accounting is considered a much more sophisticated scheme. In this case, the company calculates the time worked by the driver for the whole month, and not for a single day. And sometimes - even for the season! This is in cases where, according to the conditions of work, the daily norm simply cannot be met. A striking example is the summer-autumn period. Typically, the above situation develops in connection with the service. So the driver of the car can even fall under a 6-month accounting period.

Duration

This is another important nuance regarding such a topic as the mode of work and rest of drivers. The length of time spent by a person behind the wheel should not exceed the established norm.

For example, during a calendar month, which consists of 31 days, the driver works 23. In this case, he should not spend more than 184 hours behind the wheel. Moreover, at this time, rest, medical examinations, cargo protection, disembarkation and embarkation of passengers, etc. are included.

Exceptions

There are also individual situations. In some cases, the working day can be extended up to 12 hours. These are situations where a long-distance truck driver performs long-distance transportation. Then he is forced to move on - to get to a place where he can rest.

Such exceptions also apply to those motorists who work on suburban or urban routes. Also, such working hours can be set for drivers who carry out transportation for public service organizations, for example, for hospitals, clinics and clinics, for telegraph and postal services, etc. This is allowed even when a person is transporting cargo of particular importance (for local governments, for example). Similar conditions can be provided to carriers working on rescue, fire and collection vehicles.

Division of working time

A truck driver also has the right to work time sharing. This opportunity is provided to those people who carry out regular city, suburban and intercity bus routes. A break in these cases is appointed no later than 5 hours after the start of working hours. Rest, in turn, lasts a maximum of three hours. This break does not include meals. This is how the driver's work mode on the tachograph looks like: four hours - to drive the bus, two - for a break, the same amount - for lunch, and again four to drive the route. What happens? The actual working time in this case will be 8 hours. In fact - 12.

About irregular schedule

There are also irregular working hours. It is available to those people who drive cars (with the exception of taxis). Also, under such conditions, drivers involved in transporting scientists on expeditions have the opportunity to work. Exploration and topographic and geodetic activities also allow you to work on an irregular schedule. And the decision regarding what the driver's working day will be is made directly by the employer. Only he must also take into account the opinion of the employees of the firm, company or its organization. They must also agree to irregular schedules. There is a peculiarity here. The fact is that it can be of any duration. But the total never exceeds 40. Let's say if the driver spent 20 hours on the road (let's say he made a long intercity flight), then he can make this flight again and that's all - the rest of the week is set aside for the weekend.

How long can you drive

The duration of the shift is set (mandatory), based on how long the working week usually lasts. Days of weekly rest are necessarily provided to a person. These are the general grounds and provisions. This is the driver's legal rest.

Well, even with an irregular schedule, the number of hours that a person can spend behind the wheel should not exceed nine. Moreover, if a professional works in difficult conditions (for example, he carries people through mountainous areas, transports heavy ones, or transports them by bus, the length of which is more than 9.5 meters), then he can only be at the steering wheel for 8 hours.

Cases with time extension

There are two more special situations. Only in them time, on the contrary, can be increased. Until ten o'clock, for example. But only if in two weeks a person will have no more than 90 hours spent behind the wheel.

So, based on the foregoing, it could be understood that the most difficult schedule of drivers is for those specialists who drive suburban and city buses. For them, there is no upper limit regarding the number of hours spent behind the wheel. Sometimes it even happens that during a working day that lasts half a day, a person is on the move for 11 hours.

It is important to know that if the driver makes a long trip (for example, from the city of Sochi to Sevastopol - the trip takes approximately 17-20 hours), then he must have a shift. He is also on the bus and, when the time comes, replaces his partner.

Special breaks

Every driver (categories C, B, D, etc.) is entitled to so-called special breaks. They are good because they are included in a person's working time. Such breaks are provided to all motorists working on intercity routes. These transportations require special endurance, patience, so drivers are rewarded with 15-minute breaks. The first such short-term rest can be made after four hours of the trip. And then every two.

In general, what the driver’s working hours look like is understandable, but what about rest time? This is a separate issue. It also consists of several "periods". The first is lunch (break for rest and meals). The second is daily. The so-called "rest between shifts". And finally weekly. It is also called continuous. In other words, a traditional day off. It only lasts longer for drivers, because the work requires too much strength and patience.

Rest standards

The time it takes for the driver to relax is also normalized. So, the law allocates at least half an hour and a maximum of two hours for food. If the duration of the working time is more than 8 hours, then the person is given 2 breaks for meals. But the total duration remains the same - a maximum of 2 hours.

What about inter-shift rest? Everything is simple here - it lasts twice as long as the shift itself. For example, a person works from eight in the morning until 17:00 (a lunch break at 1 o'clock is included). Then between shifts the driver rests 15 hours. Thus, his next working day will start at 8 am, at a minimum.

But there are exceptions in which the rest between shifts is reduced. For example, 9 hours is given to the driver if he works on a suburban or urban route. But when he finishes the second shift, he must definitely get at least two days of rest.

An 11-hour break is given to a motorist if he works on an intercity route.

Driver safety and personal qualities of a professional

This is very important aspects. The car, which is a workplace for the driver, must comply with all safety requirements. Airbags, belts, lighting devices, proximity sensors, rear-view mirrors - the vehicle must be equipped with everything necessary. Since how high the level of safety for the driver depends on how good his connection with the road will be and, accordingly, the safety of passengers and cargo. The motorist must be in comfort and safety - this is the main condition.

It is worth noting that not everyone is able to become a driver. And now we are talking not so much about the availability of rights of a certain category, but about personal qualities person. The driver is, first of all, a physically and mentally hardy person. Traffic jams, downtime, not always friendly fellow travelers (sometimes very annoying and capricious), road control - all this is not easy to endure. If we, ordinary citizens, stuck in a morning traffic jam for half an hour, start to get nervous, then we can imagine what daily stress experiences the driver of minibuses or, worse, intercity buses.

The person must be prepared to stay awake for extended periods of time; to be able to relax as much as possible for the time provided to him, to be attentive, concentrated, patient. These are the qualities without which it is impossible to become a driver of long-distance buses, or these people are difficult and unpredictable. It is important that the state provides them with decent pay and enough time to rest. The people were patient and understanding.

In accordance with federal law dated December 30, 2001 No. 197-FZ "Labor Code of the Russian Federation" (Collected Legislation of the Russian Federation, 2002; No. 1 (part I), article 3) I order:

Approve the Regulations on the features of the working hours and rest time of car drivers in accordance with.

Minister

I. Levitin

Registered with the Ministry of Justice of the Russian Federation on November 1, 2004.

Registration number 6094

to the Ministry of Transport of the Russian Federation

dated August 20, 2004 No. 15

Position
about the peculiarities of the working hours and rest time of car drivers

I. General provisions

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

In cases provided for by the Regulations, the employer establishes the specifics of the working hours and rest periods for drivers, taking into account the opinion of the representative body of employees, and in cases provided for by a collective agreement, agreements, in agreement with the representative body of employees.

II. Work 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.

For transportation of passengers in a resort area in the summer-autumn period and for other transportation related to servicing seasonal work, the accounting period can be set up to 6 months.

The duration of working time for the accounting period should not exceed the normal number of working 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, the car must be equipped with a sleeping place for the driver to rest.

A break between two parts of the working day is set no later than 4 hours after the start of work.

The duration of the break between two parts of the working day should be no more than two hours, excluding time for rest and meals, and the total duration of daily work (shift) should not exceed the duration of daily work (shift) established by ,, and these Regulations.

A break between two parts of the shift is provided at the place of deployment or a place designated for the parking of buses and equipped for drivers to rest.

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

The decision to establish an irregular working day is taken by the employer, taking into account the opinion of the representative body of the employees of the organization.

The number and duration of work shifts according to work schedules (shifts) with an irregular working day are set based on the normal length of the working week, and weekly rest days are provided on a general basis.

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 by subparagraphs 1.3 of the second part of Article 99 of the Labor Code of the Russian Federation.

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

III. Time relax

If the duration of daily work (shift) established by the shift schedule is more than 8 hours, the driver may be provided with two breaks for rest and meals with a total duration of not more than 2 hours and not less than 30 minutes.

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.

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

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 cannot be 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 in time rest immediately after returning to the place of permanent work.

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The requirement of the legislation regarding the mandatory use of a tachograph when the driver is working is not so much control of the work mode, but also control of compliance with the driver's rest regime, which is directly related to road safety.

The order and calculation of the working time of drivers must comply with the requirements of the law. According to legal regulations the distribution of the driver's work time and rest period, it should consist of the time:

• - when the driver drives the car in motion;
• - spent on preparatory work for a flight, for loading and unloading, etc.;
• - downtime due to someone else's fault;
• - for work spent on technical inspections, maintenance and troubleshooting of the truck;
• - for rest, breaks, meals, etc.

The mode of work and rest of drivers according to the tachograph helps to optimize the working regime of drivers, and allows you to meet the requirements of labor legislation.

Tachograph, mode of work and rest - features of the use of the device.

The procedure for recording work and rest time using a tachograph:

• - the driver at the beginning of the work shift places a personal card in the tachograph cell and enters the necessary data on an analog device, and on a digital device, the data is entered automatically;
• - the tachograph captures data on speed mode the car, its route, the time of movement and downtime, controlling the work of the driver during the work shift;
• - at the end of the shift, the driver's personal card is removed from the device. At the same time, the information is stored and can be decrypted and printed at any time.

Here you can order a driver card for a tachograph - http://www.tahocard.ru/ there are offices in Moscow, St. Petersburg, Perm, Volgograd, Ufa and other cities of Russia.

The analysis of the driver's work shift is carried out on the basis of tachograph information. This information can reveal violations and deviations in the observance of the schedules of the car and the rest of the driver. In the same way, analysis can be carried out for the modes of work of the driver with a partner.

Monitoring of the driver's work, at the request of the management of the transport company, can be carried out monthly, weekly and even every shift.

As required by law, the tachograph must be installed on trucks and buses that are engaged in passenger and freight transportation. It allows:

• - record information about technical indicators vehicle;
• - take into account the operating modes, periods of movement, downtime due to forced repairs, under loading and unloading;
• - fix tachometer errors, as well as periods of power failure of the device, the movement of the car without a driver card, and even attempts of unauthorized interference in its operation

The tachograph mode of operation is decoded using special software. This allows management transport company conduct an effective analysis and control of the operation of cars and drivers and, based on objective data from the tachograph mode of operation, make decisions on optimizing and correcting this mode.

Work on the tachograph in Russia, working hours.

The main purpose of the tachograph is to collect and store data on the operation of the car, which helps to optimize the operation of transport, logistics and route efficiency, which allows you to make successful business development decisions. However, information about the work of drivers is also one of the important indicators, on the basis of which schedules are drawn up for alternating work and rest for employees, their optimal modes of operation are established in accordance with Russian legislation.

Requirements of the Russian legislation:

• – total time driving a car or bus driver – no more than 9 hours a day;
• - the total driving time for a driver on domestic routes should not exceed 90 hours in 14 days;
• - short-term rest time - at least 45 minutes per shift (may have three intervals of 15 minutes each);
• - the total rest time between adjacent shifts of a truck or bus driver is at least 12 hours;
• - the total time for the driver to rest per week is 42 hours (sometimes it can be 29 hours).

Working mode of a truck driver by tachograph

Labor and rest standards for truck drivers on long-distance transportation:

• - total driving time for a trucker - no more than 9 hours per shift;
• - the total driving time for a truck driver is not more than 90 hours in 14 days;
• - a short rest time of at least 45 minutes (can be used as a one-time, and can be divided into two segments of 30 and 15 minutes);
• - the total weekly rest time for a truck driver is 45 hours (can be reduced to 25 hours).

The standard mode of operation for a tachograph in Russia should not be more than 40 hours. At the same time, those drivers who work a five-day week have an 8-hour daily shift, and those who work six days a week have a shift that lasts 7 hours.

Sometimes the special working conditions of drivers do not allow to comply with the requirements of labor and rest standards, therefore, the legislation allows the use of the principle of the driver's total working time. At the same time, working hours are usually summed up over a monthly period.

The decision on the application of the total working time is made by the employer, however, provided that it has been agreed with trade union organization. In the absence of trade unions, then such a mode of work on the tachograph is agreed directly with the drivers.

When using the summed work time, the duration of the driver's shift is no more than 10 hours per day. However, when in intercity cargo transportation the driver needs to get to the place of rest, then the work shift, as an exception, can be extended up to 12 hours.

Often, due to perishable cargo, the need for the driver to work for more than 12 hours is required, then a partner or shift is assigned to him, provided that the car's cab is equipped with a place to sleep. In case of absence bed- Simultaneous work of two drivers on such a vehicle is prohibited.