Understanding drivers' hours

Transcription

1 Understanding drivers' hours An introduction to the rules Association for itd.dk

2 Symbols Contents 2 Understanding drivers' hours An introduction to the rules Revised edition Version 5, 2016 CVR: DK Driving time Break Rest time Other work Preface... 5 Introduction to the rules on driver's hours What are the rules on drivers' hours?... 7 Why have rules on drivers' hours?... 8 How are the rules enforced?... 9 Who is responsible? Zoom in and out on the rules ITD All rights reserved. This document must not be reproduced or copied in any way without the express written permission of ITD. Availability time The symbols correspond to those used in digital tachographs. The colour codes correspond to those used in ITD s TachoWeb system. Driving time Daily driving time Weekly driving time Two-weekly driving time Breaks Breaks Split breaks... 16

3 Rest Rest Daily rest regular daily rest period Daily rest reduced daily rest period hour period Weekly rest period Weekly rest two-week period Weekly rest surplus on rest Regular daily rest period the ferry rule Regular daily rest period the ferry rule International bus transport the 12-day rule Compelled interruption of daily or weekly rests or breaks Other work Other work Record the working day correctly Manual recording of travelling time Availability time Availability time/break Two drivers availability time/break Two drivers conditions Unexpected situations Tachograph Company cards and driver cards The digital tachograph Useful tips Tips for drivers Tips for office staff Further information

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5 Preface Understanding drivers' hours 5 This leaflet gives you a basic introduction to the rules on drivers' hours, no matter whether you are a haulier, an officebased member of staff or a driver. It will help you understand the implications of the rules on drivers' hours for your everyday work. Gaining a clear understanding of the rules is very worthwhile. They help ensure road safety while improving the work environment in the transport sector. They also ensure uniform conditions throughout the entire European transport market. The rules thus allow you to deliver goods efficiently and professionally. I therefore urge you to respect the rules they are in everyone's interest! Carina Christensen Managing Director of ITD, Association for the Danish road transport of goods

6 Gain a better overview of drivers' hours with ITD's free service package for members Companies that are members of ITD receive free access* to the best drivers' hours service package in the sector. Members of ITD receive: Free download and storage of all your data you can use our download stations, located througout the country, or your own station. Monthly reports on all drivers and vehicles provides an ideal basis for own checks which can prevent expensive mistakes and omissions. Free advice on drivers' hours when needed you can make use of our experienced specialists, including hotline and remote support. Want to hear more? Call and ask to speak to one of ITD's experts on drivers' hours. * Free inclusion of up to 70 vehicles for ITD members additional vehicles can be included at a fixed price. The market value of the ITD drivers' hours package is 89,540 DKK if 70 vehicles are included.

7 What are the rules on drivers' hours? The rules on drivers' hours are a common set of regulations for the EU. They apply for goods vehicles over 3,500 kg in weight and buses designed to carry more than 9 persons. The rules govern the length of time a driver is allowed to spend at the wheel and when he or she must take breaks and rest periods. The common rules are specified in an amended EU regulation which came into effect on 11 April Rules concerning tachographs are set by the EU in a regulation on recording equipment in road transport. In Denmark, the Ministry of Justice has implemented the European rules into national law via its Bekendtgørelse om køreog hviletidsbestemmelserne i vejtransport [Order containing provisions on driving and rest time rules in road transport, BEK No. 328 of ]. A more general set of rules on drivers' hours has also been drawn up by the UN, the so-called AETR rules. In practice, however, these rules are of little importance for hauliers who operate in the EU. For references to the various regulations, orders and guidelines, see page Introduction to the rules on driver s hours

8 Why have rules on drivers' hours? 8 Introduction to the rules on driver s hours The rules on drivers' hours have three main objectives: To specify common standards for the work environment of drivers by ensuring a reasonable balance between driving and rest. To ensure maximum road safety by preventing fatigued drivers from sitting at the wheel of heavy vehicles. To ensure uniform and fair competition on the European road transport market. Where do the rules apply? The EU regulation on drivers' hours applies in all EU countries plus Norway, Iceland, Switzerland and Liechtenstein. Outside these countries, AETR rules apply but drivers will usually be covered if they follow the EU rules.

9 How are the rules enforced? All involved vehicles must be equipped with a tachograph, which records the vehicle's movements and saves the data. Where old vehicles are concerned, recording is accomplished on paper charts. Since 1 May 2006, however, it has been compulsory that all new vehicles are equipped with a digital tachograph. Digital tachographs save the recorded data electronically. Data must in Denmark be downloaded from the tachograph at least every 60 days and from the driver s card at least every 21 days. If a vehicle is stopped for roadside checks, the police can examine the driver's driving and rest times for the last month (the present day plus the last 28 days). In addition, the Danish Road Safety Agency routinely perform random checks of haulage companies' driving and rest times by inspecting data for a randomly selected month. Owners of vehicles over 3,500 kg in weight therefore have a legal obligation to save all data on drivers' hours for the last 12 months. ITD offers to save data on drivers' hours for its members free of charge on the association's servers. In addition, ITD can provide member companies with a monthly summary of omissions and infringements of the rules. Such summaries are an important help to the company's own checks. 9 Introduction to the rules on driver s hours

10 Who is responsible? 10 Introduction to the rules on driver s hours Generally it is the haulier responsible for the vehicle who must ensure that the rules on drivers' hours are complied with and that data is correctly and responsibly downloaded and saved. Similarly, it is the haulier or company's responsibility to ensure that drivers are instructed in the rules and in tachograph operation, and to check that the rules are observed. The driver of the vehicle will, however, also be held personally responsible for any infringements of the rules on drivers' hours even when they occur outside Denmark. Infringement of the rules may have serious consequences in the form of heavy fines and loss of licence. In general, companies in Denmark are fined double the lorry drivers fine in cases of infringing the rules on drivers hours. It is not only the haulier or transport company that is responsible for ensuring compliance with the rules on drivers' hours. Freight forwarders, travel agents, main- and sub-contracting parties and temporary staff agencies must also plan their trips in such a way that drivers can comply with the rules on driving and rest times.

11 Zoom in and out on the rules To understand the rules on drivers' hours, it is necessary to differentiate between time periods of short, medium and long duration. This is because different rules are important depending on whether we zoom in or out on the time scale. 11 Within each 24-hour period drivers must have ended a daily rest period. Within each week drivers must take a weekly rest period. The rules also determine the number of hours' driving allowed. Within each two-week period the maximum driving time is 90 hours. Before the end of a three-week period drivers must compensate if they have taken a reduced weekly rest period. Introduction to the rules on driver s hours 24 hours 1 week 2 weeks 3 weeks

12 Daily driving time 12 Driving time Driving time is the period which the digital or analogue tachograph registers as driving. Daily driving time is the sum of the driving times which lie between two consecutive daily rest periods or between a daily rest period and a weekly rest period. The maximum daily driving time is 9 hours. The daily driving limit may, however, be increased to 10 hours on two days within a week. Daily driving time of 9 hours 4 hours 45 min 4 hours Daily driving time of 10 hours 4 hours 45 min 4 hours 45 min 1 hour

13 Weekly driving time A week is defined as starting at on Monday and ending 13 at on the following Sunday. The maximum weekly driving time is 56 hours. (4 days x 9 hours) + (2 days x 10 hours) = 56 hours' driving Monday Tuesday hrs Driving time Wednesday Thursday max. 56 hours driving Friday Saturday Sunday hrs

14 Two-weekly driving time 14 The total driving time over any two consecutive weekly periods must not exceed 90 hours. Driving time Right Week 1 56 hours Week 2 34 hours Week 3 45 hours Week 4 45 hours Week 5 40 hours 1: Two-week total: 90 hours 3: Two-week total: 90 hours 2: Two-week total: 79 hours 4: Two-week total: 85 hours Wrong Week 1 Week 2 Week 3 Week 4 Week 5 56 hours 34 hours 45 hours 45 hours 56 hours 1: Two-week total: 90 hours 3: Two-week total: 90 hours 2: Two-week total: 79 hours 4: Two-week total: 101 hours

15 Breaks A break is a period in which the driver must not drive truck/bus over 3,500 kg nor do any other kind of work. After 4 hours and s driving, the driver must take a break lasting at least 45 minutes. The break may be split into two, one lasting 15 minutes, the other utes (see following page). REMEMBER This symbol must be activated whenever the driver takes a break. 15 Breaks The break may be replaced by a rest period. 4 hours 45 min 4 hours After the 45 minute break, a new 4 hours and driving period begins even if the previous period lasted, for example, just 3 hours. 3 hours 45 2 hours 1 2 hours min hour

16 Split breaks 16 Breaks If a break is split, the first break must last at least 15 minutes and may be taken at any time during a 4 hours and driving period. Driving time The second break must last at least utes and must be taken at the end of the driving period. By multi-manning see page hours 15 min 2 hours 30 min 3 hours 15 min 1 hour 30 min 1 hour Driving time 1 hour 15 min 2 hours 30 min 3 hours 15 min 1 hour 30 min 2 hours

17 Rest Rest is an uninterrupted period in which a driver may freely dispose of his time. 17 Basically, there are two different types of rest: daily rest and weekly rest. Rest Both types of rest may be reduced. This is described on the following pages. Daily and reduced weekly rests can be held in the truck/bus if equipped with suitable sleeping space.

18 Daily rest regular daily rest period 18 A daily rest period must be completed at the latest 24 hours after the start of the working day. Rest Example 1 of 24-hour period A regular daily rest period must be at least 11 uninterrupted hours and must be taken at the end of the working day. 4 hours 45 min 4 hours 3 hours 15 min 11 hours Example 2 of 24-hour period A regular daily rest period can also be split into two periods giving 12 hours rest in total. The first rest period must last at least 3 hours and can be taken at any time during the working day. The second rest period must last at least 9 hours and must be taken at the end of the working day. 4 hours 3 hours 4 hours 3 hours 9 hours Standard rest: 3+9 hours

19 Daily rest reduced daily rest period Drivers may reduce the daily rest period to 9 hours but only a maximum of three times between two consecutive weekly rest periods. Reduced rest periods may not be split. Regular and reduced rest periods can be extended to form a weekly rest period. REMEMBER 19 Rest Remember, on the day on which the weekly rest is started (often Friday), the daily rest must be held within 24 hours. A reduced daily rest period is at least 9 hours. Example of 24-hour period 4 hours 45 min. 4 hours 9 timer 2 hours 15 min

20 24-hour period 20 Rest The table shows when, at the latest, the driver must begin his rest period. The driver must have held his daily rest period at the latest 24 hours after the start of his working day. If the working day begins at and the driver is to take a 9-hour rest, the rest period must therefore begin at Work period If you deduct the daily rest period from the 24-hour period you get the daily work period. Here you may drive, do other work, take breaks/rests and so on. The working day Latest start time for daily rest starts at 9 hours 11 hours

21 Weekly rest period Example 1 Monday Example 2 Monday Drivers must take a weekly rest period within the space of a week. 21 Tuesday Wednesday Thursday Friday Tuesday Wednesday Thursday Friday Week 1 The weekly rest period must be started at the latest after six 24-hour periods from the end of the previous weekly rest period (see example 1). Rest Saturday Sunday Saturday Sunday The driver may take a weekly rest in two ways: a regular weekly rest or a reduced weekly rest (see page 22). Monday Monday Tuesday Wednesday Thursday Tuesday Wednesday Thursday Week 2 If the weekly rest period begins in one week and continues into the following week, the rest may be assigned to either week but not to them both (see example 2). Friday Friday Saturday Saturday Sunday Sunday

22 Weekly rest two-week period 22 Rest In the course of two consecutive weeks, a driver must take at least two regular weekly rest periods of at least 45 hours, or one regular weekly rest period plus a reduced weekly rest period of at least 24 hours. This implies, that the driver can only take one reduced weekly rest period (minimum 24 hours) every second week. If a driver takes a reduced weekly rest period of 24 hours, he "owes" his rest "account" 21 hours. The driver must then compensate for the reduced weekly rest within the following three weeks. The driver must take a 21-hour uninterrupted rest period in continuation of another rest period of at least 9 hours duration. Example REMEMBER to compensate later Week with reduced rest Monday Tuesday Wednesday Thursday Friday Saturday 24 Sunday Week with regular rest Monday Tuesday 45 Wednesday Thursday Friday Saturday Sunday Week with regular rest Monday Tuesday 45 Wednesday Thursday Friday Saturday Sunday Week with regular rest + compensation Monday Tuesday Wednesday Thursday Friday Saturday Sunday = 66

23 Weekly rest surplus on rest In the course of two consecutive weeks, a driver must take at least two regular weekly rest periods or one regular and one reduced weekly rest period. The driver can also take more weekly rest periods. The surplus on rest time interrupts the 6x24 hour period and gives the driver a new 6x24 hour period and three new reduced daily rests. 23 Rest The surplus on rest can be held as a compensation rest if long enough. Example Week with regular rest Monday 45 Tuesday Wednesday Thursday Friday Saturday Sunday Week with reduced rest and surplus on rest Week with regular rest 24 Monday Tuesday Wednesday Thursday Friday Saturday 45 Monday Tuesday Wednesday Thursday Friday Saturday 30 Sunday Sunday REMEMBER to compensate later

24 24 Rest Rest period the ferry rule It may be practical to hold a rest period in connection with a ferry crossing. For there is an exception to the weekly rest rules the ferry rule which allows a driver to interrupt his regular daily rest period twice in order to drive his vehicle onto or off a ferry or train. REMEMBER Operate the tachograph correct regards the ferry symbol. The two interruptions must be no longer than 1 hour in total. Embarks on ferry Remember to activate the ferry symbol Aboard ferry or train The driver must not interrupt his rest period twice. A single interruption is sufficient if the duration of the ferry crossing plus the preceding or following rest period amounts to the legal rest limit. The time spent driving during such interruptions is not included in the daily driving time of 9 or 10 hours. In other words, the driver is allowed additional driving time to board or disembark a ferry or train. The time spent driving during such interruptions in the rest period is, however, included in the weekly driving time. Disembarks REMEMBER The driver must have access to bunk or berth. 2 hours 6 hours 30 min 3 hours 10 min 20 min

25 Rest period the ferry rule As a driver may interrupt his rest period for one hour at most in connection with the ferry rule, he must at the beginning of his working day take into account the latest time at which he must begin his daily rest period. If his driving time starts at 08.00, the driver must arrive at the ferry by at the latest if he is to take a standard 11-hour rest. The one-hour interruption/s is/are included in the period as it forms part of the 24-hour period. At the 3+9-hour rest the ferry rule can also be applied to the 3-hour rest. The crucial point is that the driver must have taken his regular daily rest period, including interruptions, within 24 hours at the latest of starting his driving time. REMEMBER* The time includes a onehour interruption for boarding or disembarking. The working day Latest arrival at ferry/train starts at 11-hour rest * (3+)9-hour rest * Rest

26 International bus transport the 12-day rule 26 Rest The 12-day rule applies to international bus transport. If the bus driver meets all four of the requirements below, he may drive up to 12 consecutive days before taking his weekly rest period. REMEMBER Four requirements The bus must be equipped with a digital tachograph. At least 24 hours of the journey must be spent outside the country in which the bus is registered. At the end of the trip, the driver must hold two standard weekly rest periods (2x45 hours) or one standard weekly rest period and one reduced weekly rest period (45+24 hours). If the bus operates during the period to and is single-manned only 3 hours may be driven before a break of 45 min or 15 and must be held. Is the bus doublemanned 4.5 hours may be driven before a break must be held. The 12-day rule may only be used for a single trip. The 12-day rule may not be used for trip combinations, e.g. a 7-day trip and a 4-day trip.

27 Compelled interruption of daily or weekly rests or breaks While a driver is taking a break or rest, he may in special circumstances or emergencies be asked to move his vehicle. It could, for example, be a police officer or customs official who requests that the vehicle be moved. If a driver is asked to interrupt a break or rest period to move his vehicle (by an authorised person), he should write on the back of a printout from the tachograph for the day concerned or on the back of the tachograph chart why the break or rest period was interrupted. The official who requested that the vehicle be moved must also sign the printout or chart. 27 Rest Example of interrupted rest Rest Interruption Continued rest Remember documentation! REMEMBER Authorised person must sign the printout or the tachograph chart.

28 Other work 28 Other work All work other than driving must be recorded as "other work" in the tachograph. It does not count as a break or rest. Other work is defined as any activity regarded as working time, whether it be performed for the employer engaged in the trip concerned or for any other employer within or outside the transport sector. REMEMBER Whenever the vehicle is not moving, the tachograph must be set to the symbol showing your activity., or

29 Record the working day correctly It can be tempting to record "other work" as breaks or rest. This is illegal, however, and traffic safety is undermined if drivers fail to hold proper breaks and rest periods. 29 Rest With records for other work Start End Without records for other work Start End 18.30

30 Manual recording of travelling time 30 Other work The time the driver spends on travelling to or from a lorry, covered by the rules on driver s hours, and which is not parked at the drivers address or the road haulier s company (driver s place of employment), must be registered as availability time The travelling time cannot be recorded as a break or rest, unless the driver is located on a ferry or train where he has access to a berth. If the driver himself is behind the wheel of a vehicle not covered by the rules on driver s hours, e.g. a motor car, the travelling time must be registered as other work. The driver s travelling time between his address and his place of employment is not covered by the rules on driver s hours and must therefore be recorded as other work.

31 Availability time/break Availability time is defined as other periods than breaks and rest periods where drivers must not stay at his working place, but must be available for the employer. This could be to take on or take up again a transport or performing other work. When a driver accompanies a vehicle which is transported by ferry or train, or has waiting time at borders due to driving bans, that is also considered as availability time. The driver must have prior knowledge of these periods and expected duration thereof, i.e. either before departure or immediately before the time when the period in question actually starts. It may also take place according to normal conditions negotiated between the labour market parties and/ or set in the legislation of the member states. When more drivers drive in groups the availability time includes the time spent next to the driver during transport. 31 Availability time

32 Two drivers availability time/break 32 Availability time During some transports, having two drivers may be practical. The second driver, or co-driver, can take over once the first driver has completed his 4 hours and driving period. Multi-manning means that, during each period of driving between two successive daily rest periods or between a daily rest period and a weekly rest period, there are at least two drivers in the vehicle to do the driving. The co-driver must record his time in the vehicle's tachograph as availability time. If the co-driver sits beside the driver and takes no active part in the driving (active participation includes, for example, filling in forms or operating the GPS), he may allocate 45 minutes of his availability time to a break. Driver 45 min 4 hours 4 hours Co-driver 45 min 4 hours 4 hours

33 Two drivers conditions It is called multi-manning when two drivers are in the vehicle between two daily rest periods or between a daily rest and a weekly rest period. They must begin and end simultaneously however, it is optional during the first hour with two drivers in the vehicle. When a vehicle is manned by two or more drivers, each driver must hold a daily rest period of at least 9 hours. Each driver must have ended his 9-hour rest period within a 30-hour period stretching from the end of his last daily or weekly rest period. Driver 9 hours 9 hours Co-driver Max 30 hours Working day starts Working day ends (time) (time) Availability time

34 Unexpected situations deviation from rules on driver s hours 34 Unexpected situations Unexpected situations permit drivers to deviate from the rules on drivers' hours in certain situations. Drivers may only invoke the deviations if an extraordinary situation unexpectedly arises which poses a risk for the driver, his load or other people. If unexpected situations are involved, the driver must still observe general rules on road safety. Two examples of when a driver may invoke unexpected situations are given below: The driver has planned to take a rest at a secure rest area but there is no room when he arrives. To ensure the safety of himself and his load, he must therefore drive on to the next secure rest area. The driver has to queue unexpectedly, e.g. in connection with a traffic accident. As a result, the driver may be prevented from interrupting his driving time in order to take a break or rest until he reaches a suitable rest area. REMEMBER Unexpected situations do not permit drivers to deviate from the rules on drivers' hours for reasons which are known in advance or could have been anticipated. Subsequently, the driver must write why the rule had been used on a printout or on the tachograph chart of the day concerned. He must do so as soon as he arrives at the suitable rest area. The control authority must bring an objective estimate in connection with check of the driver and assess if the deviation from the allowed driving hours is legitimate.

35 Company cards and driver cards Nowadays, most goods vehicles are equipped with a digital tachograph. The tachograph records vehicle movement. To allow checks to be made on whether the rules on drivers' hours have been followed, a company and a driver must be logged into the tachograph whenever the vehicle is in use. This is accomplished by means of a company card and a driver card. If the driver card is lost or defect, the driver must take a printout from the tachograph and write name and duration of the different activities. There are special deadlines and formalities to be met regarding reissuing the driver card. 35 Tachograf Company cards are issued to the haulier or company that uses the vehicle. It need not be inserted in the tachograph during travel but is used to ensure that the data recorded by the tachograph is registered as belonging to the company concerned. Company data must be transferred and downloaded via the company card and a download key at max 60-day intervals (DK). Driver cards are issued to drivers personally and must always be read into the tachograph before transport starts. Driver data must be transferred to a central server for storage via the driver card at max 21-day intervals (DK). If data is transferred later than this, old data may be overwritten and will therefore be lacking at any subsequent checks. REMEMBER UK e Log in with the company card before putting the vehicle into service. DRIVER CARD a. 4b. 4c. 4d. 5.

36 The digital tachograph REMEMBER 36 Tachograf Ensure that the tachograph is always logged in with the right company card. When the vehicle is stationary, the driver must know if the tachograph switches automatically to other work or rest time. When inserting the driver card the driver must state what he has been doing since the last time he withdraw his driver card. If this is not possible on the tachograph, the driver must bring an activity statement. Select country code when starting and ending the daily work. Bring extra paper rolls for the tachograph. Driver s hours are recorded in the tachograph in UTC time. On the tachograph s display local time is shown and can be adjusted by the driver. Danish winter time = UTC + 1 hour. Danish summer time = UTC + 2 hours. Know the tachograph, so you know whether it switches to break or other work when stationary. REMEMBER to clean your tachograph regularly with a cleaning card.

37 Tips for drivers A few good tips, which drivers should bear in mind before beginning a transport, are listed below: Select country code when starting and ending the daily work. Manually enter time away from tachograph. Learn how to operate your tachograph. Take a break after 4 hours and uninterrupted driving at the latest. You must complete your daily rest period within 24 hours of the start of your working day. Note any deviations from the rules on a tachograph printout. Download data at max 21-day intervals (DK). Set the tachograph correctly during breaks/rest or other work. Bring data from the last 28 days (driver card, manual recordings, tachograph chart). Listen to the tachograph. It tells you when to take a break. Understand the symbols e.g. the icon break must reflect that you are taking a break and not that you are doing other work. 37 Useful tips

38 Tips for office staff 38 Useful tips Your driver must have taken his daily rest period within 24 hours of starting his daily work period at the latest. Your driver may only have two daily driving periods of 10 hours in any one week. Give your driver thorough instruction it is your responsibility that the rules are observed. Ensure that the company is always logged onto the tachograph with the company card. Download data for the vehicle at max 60-day intervals (DK) and for the driver at max 21-day intervals (DK). Make sure that all tachographs switch automatically to other work or rest time.

39 Further information... Further information on the rules on driver's hours is available in Danish on the following websites: The police website, politi.dk, gives a good overview of the rules under Borgerservice/Færdsel. The current regulation governing the area is available at retsinformation.dk. Search for Bekendtgørelsen om køreog hviletidsbestemmelserne i vejtransport (BEK nr. 328) [Order containing provisions on driving and rest times in road transport, BEK No. 328 of ]. EU regulations concerning drivers' hours and tachograph recording are annexed to the order together with the AETR rules. Annex 1 contains Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport. Annex 2 contains Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport. Annex 3 contains the AETR rules. On itd.dk you can read more about the drivers hours rules and exempted driving /OUT. 39

40 Lyren 1. DK-6330 Padborg Tel _ ITD Køre- og hviletids folder - GB - December CVR