Drivers' working hours

Drivers' working hours is the commonly used term for regulations that govern the activities of the drivers of commercial goods vehicles and passenger carrying vehicles. In the United States, they are known as hours of service.

Within the European Union, Directive 2002/15/EC[1] is setting the rules regarding working time for drivers carrying out road transport activities in the European Union from the point of view of improving road safety, health and safety of drivers and ensure fair competition among transport operators. Working time of mobile workers is a strictly national obligation to implement and to check and it cannot be imposed to drivers from third countries. Regulation (EC) 561/2006 [1][2][3] is the regulation complementing the aforementioned Directive in view of driving times, breaks and rest periods required to be taken by professional drivers of vehicles carrying goods or passengers in international or national transport operations. There are special circumstances when carriages and thus drivers may be exempt from the Directive 2002/15/EC. The Regulation (EC) 561/2006 applies to the carriage by road of goods by vehicles with a total mass exceeding 3.5 tonnes and to the transport by road of passengers by vehicles that are adapted to carry more than nine people (including the driver). It applies, irrespective of the country of registration of the vehicle, to carriage by road in the EU and between EU countries, Switzerland and European Economic Area countries. The Regulation exempts from its scope of application ten categories of carriages (Art. 3), but there are also specific national exemptions offered in Art. 13. Though EU countries have to inform the Commission of those specific national exemptions.

UNECE have adopted in 1970 the European Agreement Concerning the Work of Crews of Vehicles Engaged in International Road Transport (AETR).[4] This Agreement is common for EU, EEA countries, and Switzerland as well as other non-EU countries of the European continent. All vehicles crossing an AETR signatory country during its transport operations (carriages) should obey the common rules set by the AETR agreement.

Since September 2010, AETR rules have been amended to align closely with EU Regulation 561/2006.

Under certain circumstances, drivers may instead fall within scope of the domestic rules of that country.

In addition to the above requirements, drivers in the EU must also abide with the European Working Time Directive 2003/88/EC.

Regulations

In the European Union, drivers' working hours are regulated by EU regulation (EC) No 561/2006[5] which entered into force on April 11, 2007. The non-stop driving time may not exceed 4.5 hours. After 4.5 hours of driving the driver must take a break period of at least 45 minutes. However, this can be split into 2 breaks, the first being at least 15 minutes, and the second being at least 30 minutes in length.

The daily driving time shall not exceed 9 hours. The daily driving time may be extended to at most 10 hours not more than twice during the week. The weekly driving time may not exceed 56 hours. In addition to this, a driver cannot exceed 90 hours driving in a fortnight. Within each period of 24 hours after the end of the previous daily rest period or weekly rest period a driver must take a new daily rest period. An 11-hour (or more) daily rest is called a regular daily rest period. Alternatively, a driver can split a regular daily rest period into two periods. The first period must be at least 3 hours of uninterrupted rest and can be taken at any time during the day. The second must be at least 9 hours of uninterrupted rest, giving a total minimum rest of 12 hours. A driver may reduce his daily rest period to no less than 9 continuous hours, but this can be done no more than three times between any two weekly rest periods; no compensation for the reduction is required. A daily rest that is less than 11 hours but at least 9 hours long is called a reduced daily rest period. When a daily rest is taken, this may be taken in a vehicle, as long as it has suitable sleeping facilities and is stationary.

‘Multi-manning’

The situation where, during each period of driving between any two consecutive 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. For the first hour of multi-manning the presence of another driver or drivers is optional, but for the remainder of the period it is compulsory. This allows for a vehicle to depart from its operating centre and collect a second driver along the way, providing that this is done within 1 hour of the first driver starting work. Vehicles manned by two or more drivers are governed by the same rules that apply to single-manned vehicles, apart from the daily rest requirements. Where a vehicle is manned by two or more drivers, each driver must have a daily rest period of at least 9 consecutive hours within the 30-hour period that starts at the end of the last daily or weekly rest period. Organising drivers’ duties in such a fashion enables a crew’s duties to be spread over 21 hours. The maximum driving time for a two-man crew taking advantage of this concession is 20 hours before a daily rest is required (although only if both drivers are entitled to drive 10 hours). Under multi-manning, the ‘second’ driver in a crew may not necessarily be the same driver from the duration of the first driver’s shift but could in principle be any number of drivers as long as the conditions are met. Whether these second drivers could claim the multi-manning concession in these circumstances would depend on their other duties. On a multi-manning operation the first 45 minutes of a period of availability will be considered to be a break, so long as the co-driver does no work.

Journeys involving ferry or train transport

Where a driver accompanies a vehicle that is being transported by ferry or train, the daily rest requirements are more flexible. A regular daily rest period may be interrupted no more than twice, but the total interruption must not exceed 1 hour in total. This allows for a vehicle to be driven on to a ferry and off again at the end of the crossing. Where the rest period is interrupted in this way, the total accumulated rest period must still be 11 hours. A bunk or couchette must be available during the rest period.

Weekly rest

A regular weekly rest period is a period of at least 45 consecutive hours. An actual working week starts at the end of a weekly rest period, and finishes when another weekly rest period is commenced, which may mean that weekly rest is taken in the middle of a fixed (Monday–Sunday) week. This is perfectly acceptable – the working week is not required to be aligned with the ‘fixed’ week defined in the rules, provided all the relevant limits are complied with. Alternatively, a driver can take a reduced weekly rest period of a minimum of 24 consecutive hours. If a reduction is taken, it must be compensated for by an equivalent period of rest taken in one block before the end of the third week following the week in question. The compensating rest must be attached to a period of rest of at least 9 hours – in effect either a weekly or a daily rest period. For example, where a driver reduces a weekly rest period to 33 hours in week 1, he must compensate for this by attaching a 12-hour period of rest to another rest period of at least 9 hours before the end of week 4. This compensation cannot be taken in several smaller periods. A weekly rest period that falls in two weeks may be counted in either week but not in both. However, a rest period of at least 69 hours in total may be counted as two back-to-back weekly rests (e.g. a 45-hour weekly rest followed by 24 hours), provided that the driver does not exceed 144 hours’ work either before or after the rest period in question. Where reduced weekly rest periods are taken away from base, these may be taken in a vehicle, provided that it has suitable sleeping facilities and is stationary.

Unforeseen events

Provided that road safety is not jeopardised, and to enable a driver to reach a suitable stopping place, a departure from the EU rules may be permitted to the extent necessary to ensure the safety of persons, the vehicle or its load. Drivers must note all the reasons for doing so on the back of their tachograph record sheets (if using an analogue tachograph) or on a printout or temporary sheet (if using a digital tachograph) at the latest on reaching the suitable stopping place (see relevant sections covering manual entries). Repeated and regular occurrences, however, might indicate to enforcement officers that employers were not in fact scheduling work to enable compliance with the applicable rules. [6]

EU countries

Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom.

AETR countries

Albania, Andorra, Armenia, Azerbaijan, Belarus, Bosnia and Herzegovina, Kazakhstan, Liechtenstein, Macedonia, Moldova, Monaco, Montenegro, Russia, San Marino, Serbia, Switzerland, Turkey, Turkmenistan, Ukraine and Uzbekistan.

EEA countries

All EU countries plus Iceland, Liechtenstein and Norway.

Tachograph

An approved tachograph is the required instrument by which the activity of drivers subject to the EU or AETR drivers’ hours rules, the vehicle’s speed and distance, and the time are recorded. There are two main types of tachograph – analogue and digital.[7]

See also

Footnotes

  1. ^ "EUR-Lex - 32002L0015 - EN - EUR-Lex". eur-lex.europa.eu. Retrieved 23 October 2017.
  2. ^ "Rules on Drivers' Hours and Tachographs- Goods Vehicles" (PDF). VOSA. Retrieved 18 September 2011.
  3. ^ "Rules on Drivers' Hours and Tachographs- Passenger Carrying Vehicles" (PDF). VOSA. Retrieved 18 September 2011.
  4. ^ United Nations Economic Commission for Europe, http://www.unece.org/trans/main/sc1/sc1aetr.html
  5. ^ "EUR-Lex - 32006R0561 - EN". Eur-lex.europa.eu. Retrieved 7 October 2010.
  6. ^ "Rules on Drivers' Hours and Tachographs Goods vehicles in GB and Europe" (PDF). February 2011. Archived from the original (PDF) on 28 November 2014. Retrieved 19 March 2015. Cite uses deprecated parameter |deadurl= (help)
  7. ^ Drivers' Hours and Tachograph Rules for Road Passenger Vehicles in the UK and Europe, VOSA 2009, P26 Section 5 - Tachograph Rules

External links

Digital tachograph

A digital tachograph is a device fitted to a vehicle that digitally records its speed and distance, together with the driver's activity selected from a choice of modes.

In Europe, it succeeded the analogue tachograph as a result of European Union regulation 1360/2002 that made digital tachographs mandatory for all relevant vehicles manufactured after August 1, 2005. Digital tachographs would be required as of May 1, 2006 for all new vehicles for which EWG regulation VO(EWG)3820/85 applies, as is published in the official newsletter of the European Union L102 from April 11, 2006.

Electronic logging device

Electronic Logging Device (ELD or E-Log) is electronic hardware that is attached to a commercial motor vehicle engine to record driving hours. The driving hours of commercial drivers (truck and bus drivers) are typically regulated by a set of rules known as the hours of service (HOS) in the United States and as Drivers' working hours in Europe. The Commercial Vehicle Driver Hours of Service Regulations vary in Canada and the United States.An ELD monitors a vehicle’s engine to capture data on whether the engine is running, whether the vehicle is moving, miles driven, and duration of engine operation.Previously, paper logs or electronic on-board recorders (EOBR) were used for hours-of-service tracking. Even though an electronic on-board recorder (EOBR)-style log improves the accuracy of the data, the lack of a consistent data format meant that the logs needed to be regenerated to an equivalent “paper” format for review and enforcement. The Record of Duty Status (RODS) definition within the ELD legislation defines a consistent format for enforcement personnel to review, so the ELD Mandate was created.The Federal Motor Carrier Safety Administration (FMCSA) announced the Final Rule of the ELD mandate, and the ELD rule being implemented in several phases with a compliance date of December 18, 2017. Fleets have until December 2017 to implement certified ELDs to record HOS. Fleets already equipped with electronic logging technology will have until December 2019 to ensure compliance with the published specifications.

Glossary of road transport terms

Terminology related to road transport—the transport of passengers or goods on paved (or otherwise improved) routes between places—is diverse, with variation between dialects of English. There may also be regional differences within a single country, and some terms differ based on the side of the road traffic drives on. This glossary is an alphabetical listing of road transport terms.

Hour

An hour (symbol: h; also abbreviated hr.) is a unit of time conventionally reckoned as ​1⁄24 of a day and scientifically reckoned as 3,599–3,601 seconds, depending on conditions.

The hour was initially established in the ancient Near East as a variable measure of ​1⁄12 of the night or daytime. Such seasonal, temporal, or unequal hours varied by season and latitude. The hour was subsequently divided into 60 minutes, each of 60 seconds. Equal or equinoctial hours were taken as ​1⁄24 of the day as measured from noon to noon; the minor seasonal variations of this unit were eventually smoothed by making it ​1⁄24 of the mean solar day. Since this unit was not constant due to long term variations in the Earth's rotation, the hour was finally separated from the Earth's rotation and defined in terms of the atomic or physical second.

In the modern metric system, hours are an accepted unit of time defined as 3,600 atomic seconds. However, on rare occasions an hour may incorporate a positive or negative leap second, making it last 3,599 or 3,601 seconds, in order to keep it within 0.9 seconds of UT1, which is based on measurements of the mean solar day.

Hours of service

Hours of Service (HOS) regulations are issued by the Federal Motor Carrier Safety Administration (FMCSA) and govern the working hours of anyone operating a commercial motor vehicle (CMV) in the United States. These regulations apply to truck drivers, commercial and city bus drivers, and school bus drivers who operate CMVs. These rules limit the number of daily and weekly hours spent driving and working, and regulate the minimum amount of time drivers must spend resting between driving shifts. For intrastate commerce, the respective state's regulations apply.

The FMCSA is a division of the United States Department of Transportation (DOT), which is generally responsible for enforcement of FMCSA regulations. The driver of a CMV is required to keep a record of working hours using a log book, outlining the total number of hours spent driving and resting, as well as the time at which the change of duty status occurred. In lieu of a log book, a motor carrier may keep track of a driver's hours using Electronic Logging Devices (ELDs), which automatically record the amount of time spent driving the vehicle.

The HOS's main purpose is to prevent accidents caused by driver fatigue. This is accomplished by limiting the number of driving hours per day, and the number of driving and working hours per week. Fatigue is also prevented by keeping drivers on a 21- to 24-hour schedule, maintaining a natural sleep/wake cycle (or circadian rhythm). Drivers are required to take a daily minimum period of rest, and are allowed longer "weekend" rest periods to combat cumulative fatigue effects that accrue on a weekly basis.

Enforcement of the HOS is generally handled by DOT officers of each state, and are sometimes checked when CMVs pass through weigh stations. Drivers found to be in violation of the HOS can be forced to stop driving for a certain period of time, which may negatively affect the motor carrier's safety rating. Requests to change the HOS are a source of contentious debate, and many surveys indicate some drivers get away with routinely violating the HOS. These facts have started another debate on whether motor carriers should be required to use ELDs in their vehicles, instead of relying on paper-based log books.

Intercity bus driver

An intercity bus driver is a bus driver whose duties involve driving a bus between cities. It is one of four common positions available to those capable of driving buses (the others being school, transit, or tour bus driving). Intercity bus drivers may be employed for public or private companies. It varies by country which is more common. But many countries have regulations on the training and certification requirements and the hours of intercity drivers.

In the United States, intercity bus driving is one of the fastest growing jobs, with attractive wages and good benefits.

Road transport

Road transport or road transportation is a type of transport by using roads. Transport on roads can be roughly grouped into the transportation of goods and transportation of people. In many countries licensing requirements and safety regulations ensure a separation of the two industries. Movement along roads may be by bike or automobile, truck, or by animal such as horse or oxen. Standard networks of roads were adopted by Romans, Persians, Aztec, and other early empires, and may be regarded as a feature of empires. Cargo may be transported by trucking companies, while passengers may be transported via mass transit. Commonly defined features of modern roads include defined lanes and signage. Various classes of road exist, from two-lane local roads with at-grade intersections to controlled-access highways with all cross traffic grade-separated.

The nature of road transportation of goods depends on, apart from the degree of development of the local infrastructure, on the distance the goods are transported by road, the weight and volume of an individual shipment, and the type of goods transported. For short distances and light, small shipments a van or pickup truck may be used. For large shipments even if less than a full truckload a truck is more appropriate. (Also see Trucking and Hauling below). In some countries cargo is transported by road in horse-drawn carriages, donkey carts or other non-motorized mode. Delivery services are sometimes considered a separate category from cargo transport. In many places fast food is transported on roads by various types of vehicles. For inner city delivery of small packages and documents bike couriers are quite common.

People are transported on roads. Special modes of individual transport by road such as cycle rickshaws may also be locally available. There are also specialist modes of road transport for particular situations, such as ambulances.

Sleep deprivation

Sleep deprivation, also known as insufficient sleep or sleeplessness, is the condition of not having enough sleep. It can be either chronic or acute and may vary widely in severity.

A chronic sleep-restricted state can cause fatigue, daytime sleepiness, clumsiness and increased appetite leading to weight gain. It adversely affects the brain and cognitive function. However, in a subset of cases sleep deprivation can, paradoxically, lead to increased energy and alertness and enhanced mood; although its long-term consequences have never been evaluated, it has even been used as a treatment for depression.Few studies have compared the effects of acute total sleep deprivation and chronic partial sleep restriction. Complete absence of sleep over long periods is not frequent in humans (unless they suffer from fatal familial insomnia or specific issues caused by surgery); it appears that brief microsleeps cannot be avoided. Long-term total sleep deprivation has caused death in lab animals.

Tachograph

A tachograph is a device fitted to a vehicle that automatically records its speed and distance, together with the driver's activity selected from a choice of modes. The drive mode is activated automatically when the vehicle is in motion, and modern tachograph heads usually default to the other work mode upon coming to rest. The rest and availability modes can be manually selected by the driver whilst stationary.

A tachograph system comprises a sender unit mounted to the vehicle gearbox, the tachograph head and a recording medium. Tachograph heads are of either analogue or digital types. All relevant vehicles manufactured in the EU since 1 May 2006 must be fitted with digital tachograph heads. The recording medium for analogue heads are wax coated paper discs, and for digital heads there are two recording mediums: internal memory (which can be read out with one of a variety of download devices into a so-called .ddd file) and digital driver cards containing a microchip with flash memory. Digital driver cards store data in a format that can later also be read out as a .ddd file. These files - both those read from internal memory with a download device, and those read from the driver cards - can be imported into tachograph analysis/archival software.

Drivers and their employers are legally required to accurately record their activities, retain the records (files from internal memory and from driver cards must both be retained) and produce them on demand to transport authorities who are in charge of enforcing regulations governing drivers' working hours.

They are also used in the maritime world, for example through the Central Commission for Navigation on the Rhine.

Traffic stop

A traffic stop, commonly called being pulled over, is a temporary detention of a driver of a vehicle by police to investigate a possible crime or minor violation of law.

Traffic violations reciprocity

Under traffic violations reciprocity agreements, non-resident drivers are treated like residents when they are stopped for a traffic offense that occurs in another jurisdiction. They also ensure that punishments such as penalty points on one's license and the ensuing increase in insurance premiums follow the driver home. The general principle of such interstate, interprovincial, and/or international compacts is to guarantee the rule "one license, one record."

Truck driver

A truck driver (commonly referred to as a trucker, teamster or driver in the United States and Canada; a truckie in Australia and New Zealand; a lorry driver, or driver in Ireland, the United Kingdom, India, Nepal and Pakistan) is a person who earns a living as the driver of a truck (usually a semi truck, box truck or dump truck).

Work-time

Work-time is the New Zealand equivalent of drivers' working hours, or time spent doing work-related tasks in an occupation subject to Land Transport Rule Work Time and Logbooks 2007, Rule 62001.

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