Bus drivers can be attributed to the number of workers whose work is of a rather specific nature. In addition, additional stress is created by the fact that the driver is driving a vehicle, which in itself carries a potential danger. The driver is constantly exposed to noise, vibration, harmful substances and gases. But, despite this, the most dangerous for the driver are both emotional and nervous tension. So drivers are very important breaks during the working day. The bus driver is constantly surrounded by a continuous flow of traffic, and he is directly responsible for the safety of passengers and other road users. That is why work time drivers must be strictly observed, based on legal requirements. All drivers working under an employment contract must adhere to them. Such drivers are usually owned by organizations - private enterprises or individuals. These norms do not apply only to drivers in the composition of shift teams and engaged in international transportation. For the latter, European standards apply.
The working time of the bus driver, like other workers, should not exceed forty hours a week. For example, if the contract states that the driver must work five days a week, then he must not work more than eight hours a day. If the driver works six days, then his working day should not exceed seven hours.
If the driver works for an organization and his duties include the transportation of employees or the like, then his working day is increased by another four hours, and is already twelve hours a day. But at the same time, on these working days, the bus driver must be driving for no more than nine hours. And if his path will pass through the highlands, then the time spent behind the wheel should be reduced to eight hours. Therefore, it is necessary to count not the hours of work, as many do, but the hours of driving.
The working time of the bus driver consists directly of driving, breaks between driving at the final destinations for fifteen minutes, time to perform work before and after departure, time for medical examination before and after departure, driver downtime, troubleshooting and others listed and taken into account the laws of time.
Time for the rest of the bus driver should be provided every two hours at most in the middle of the working day. The minimum time is half an hour. The weekly rest must follow the working week, amounting to forty-two hours of uninterrupted time. It is this time that is able to provide maximum rest to the body, after performing such hard work.
Since a bus driver is a responsible and stressful job, all of the above rules are mandatory for both employers and drivers themselves. Otherwise, it can lead to emergencies with a disastrous outcome.

"Occupational health and safety at motor transport enterprises and transport shops", 2013, N 3

REGULATION OF WORK OF A CARGO DRIVER

The organization of the work of drivers should ensure:

Accurate work of the car Vehicle;

Safety of cargo transportation;

Full use of the norm of working hours for the accounting period;

Compliance with the length of the working day established by labor legislation, the procedure for providing rest and breaks in work for meals, high labor productivity;

Compliance with the Rules traffic.

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

Preparatory work performed by the driver before leaving the line and upon return;

Time for pre-trip and post-trip medical examinations;

The transport process, including the movement of the car and loading and unloading operations.

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

1. Driving time.

2. Time of special breaks for rest from driving on the way and at the final destinations.

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

4. The time of the medical examination of the driver before leaving the line and after returning from the line.

5. Parking time at the points of loading and unloading of goods.

6. Downtime through no fault of the driver.

7. The time of work to eliminate the operational malfunctions of the vehicle that occurred during work on the line, as well as the performance of adjustment work in the field in the absence of technical assistance.

8. The time of protection of the cargo and the car during parking at the final and intermediate points in the implementation of long-distance transportation, if such obligations are provided for by the employment contract (contract) concluded with the driver.

9. The time of presence at the workplace of the driver when he does not drive the car when two drivers are sent on a flight.

10. Time in other cases provided for by law Russian Federation.

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

The mode of work and rest of drivers engaged in transportation is established in accordance with the Regulation on the peculiarities of working hours and rest time for car drivers (hereinafter referred to as the Regulation), approved by Order of the Ministry of Transport of Russia dated August 20, 2004 N 15 and registered by the Ministry of Justice of Russia on November 1, 2004. (Reg. N 6094). This Regulation applies to drivers working under an employment agreement (contract) on vehicles belonging to the following vehicles registered in the territory of the Russian Federation:

Organizations, regardless of their organizational and legal forms and forms of ownership, departmental affiliation (with the exception of drivers employed in international transportation, as well as those working as part of shift teams with a shift method of organizing work);

Individual entrepreneurs and other persons carrying out transportation activities on the territory of the Russian Federation.

During working hours, the driver must fulfill his labor obligations in accordance with the terms of the employment contract, the rules of the internal work schedule organization and work schedule (shift).

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

For drivers working on a five-day calendar 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.

In cases where, due to the conditions of production (work), the established normal daily or weekly working hours cannot be observed, drivers may be assigned a summary record of working hours with a recording period of one 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.

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

In the case when, during intercity transportation, the driver needs to be given the opportunity to reach the appropriate place of rest, the duration of daily work (shift) can be increased to 12 hours.

If the driver's stay in the car is foreseen for more than 12 hours, two drivers are sent on a flight. In this case, such a car must be equipped with a sleeping place for the driver to rest. Simultaneous work in the car of two drivers in the absence of the car special place recreation for drivers is prohibited.

The use of overtime work is allowed in the cases and in the manner provided for in Art. 99 Labor Code Russian Federation.

With the summarized accounting of working hours overtime work during the working day (shift), together with work according to the schedule, should not exceed 12 hours, except as provided for in paragraphs 1, 3, part 2 of Art. 99 of the Labor Code of the Russian Federation.

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

Driving time (clause "a" clause 15 of the Regulations) during the period of daily work (shift) cannot exceed 9 hours (except as provided for in clauses 17, 18 of the Regulations), and in mountainous terrain when transportation of heavy, long and oversized cargo - 8 hours.

With the summarized accounting of working time, the driving time 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 a car for two consecutive weeks cannot exceed 90 hours.

On intercity transportation, after the first 3 hours of continuous driving, the driver is given a special break to rest from driving on the road (clause "b", clause 15 of the Regulations) lasting at least 15 minutes, further breaks of such duration are provided no more than every 2 hours. In the event that the time for granting a special break coincides with the time for providing a break for rest and food (paragraph 25 of the Regulations), a special break is not provided.

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 (clause 5 of the Regulations).

The composition and duration of the preparatory and final work included in the preparatory and final time (clause "c" clause 15 of the Regulations), and the duration of the medical examination of the driver (clause "d" clause 15 of the Regulations) are established by the employer, taking into account the opinion of a representative body of employees of the organization.

The time of protection of the cargo and the car (clause "h" clause 15 of the Regulations) is credited to the driver during working hours in the amount of at least 30%. The specific duration of the time of protection of the cargo and the car, credited to the driver during working hours, is established by the employer, taking into account the opinion of the representative body of the employees of the organization.

If transportation by one car is carried out by two drivers, the time for guarding the cargo and the car is counted as working time for only one driver.

The time of presence at the workplace of the driver, when he does not drive the car when two drivers are sent on a flight (clauses "and" clause 15 of the Regulations), is counted towards his working time in the amount of at least 50%. The specific duration of the driver's presence at the workplace, when he does not drive a car when sending two drivers on a flight, counted as working time, is established by the employer, taking into account the opinion of the representative body of the employees of the organization.

The rest time for drivers is also set in accordance with Sec. V "Rest Time" of the Labor Code of the Russian Federation and sec. III "Rest time" of the Regulations on the peculiarities of working hours and rest time for car drivers, approved by Order of the Ministry of Transport of Russia dated August 20, 2004 N 15.

Drivers are entitled to:

1. Breaks during the work shift.

2. Daily (between shifts) rest.

3. Days off (weekly uninterrupted rest).

4. Non-working holidays.

5. Vacations.

Drivers are provided with a rest and meal break of no more than two hours, usually in the middle of a work shift.

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 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.

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.

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

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

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

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

In the event that, with the summary accounting of working time, shifts lasting more than 10 hours are established for drivers, the duration of the weekly rest can be reduced, but not less than 29 hours. On average, for the accounting period, the duration of the weekly uninterrupted rest should be at least 42 hours.

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 - unloading works.

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

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

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

1. Pre-trip and post-trip medical examinations of drivers with a mandatory note about their conduct in the waybill.

2. Providing drivers before leaving for a flight with a recommended timetable and a route map indicating dangerous places.

3. Analysis of the performance of all scheduled flights.

4. Regular checks of driver's licenses and daily informing drivers when leaving for a flight about the weather and travel conditions (fog, ice, etc.) with a mandatory note in the waybill.

5. Establishing reduced speeds, and, if necessary, stopping traffic if road or meteorological conditions (destruction pavement, ice, heavy snow, fog, drifts, etc.) pose a threat to the safety of cargo transportation.

6. Control over the mode of work and rest of drivers.

7. Establishment of a working regime and a place of rest along the route when sending drivers on one-time long-distance flights or business trips.

8. Monitoring the operation of the rolling stock on the line, the observance by drivers of the Rules of the Road.

9. Medical re-examination of drivers on time.

10. Taking the necessary measures to comply with the established norms of carrying capacity not exceeding the total carrying capacity of the vehicle specified in technical specification car of this brand.

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

1. The work of drivers is organized according to the individual or team method of labor organization. Brigades of drivers are created on the principle of serviced objects by combining drivers involved in the export of products from manufacturers, railway stations, trade and intermediary enterprises, etc. The brigade is led by a foreman. The composition of the brigade and the number of rolling stock assigned to it are determined based on the volume and nature of transportation, as well as the mode of operation of cargo handling points.

2. On regular intercity routes, the following systems organization of work of drivers:

Single driving - one driver works in the car during the entire turn on the route. It is used, as a rule, on routes where the turnover of the car is made during the work shift of the driver;

Shift driving - the car is serviced by a team of drivers, the change of which is carried out at the borders of adjacent sections, established at the locations of motor transport enterprises or other settlements. Each driver works in one car on a certain section of the route. It is used on routes with a length of more than 250 km;

Shift-group driving - a team of drivers is assigned to several cars, each driver works for different cars, but on a certain section of the route. It is used on routes with a length of more than 250 km.

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

The rules for the use of tachographs in road transport in the Russian Federation were approved by Order of the Minister of Transport of the Russian Federation of 07.07.1998 N 86. They were developed and put into effect in order to implement the Decree of the Government of the Russian Federation of 08.03.1996 N 922 "On improving the safety of long-distance and international transportation of passengers and goods by road", which provided for the equipment of newly manufactured trucks with gross weight over 15 tons, intended for long-distance and international transportation, by tachographs from January 1, 1998

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

The Ministry of Transport of Russia By order of December 18, 2003 N AK-20-r approved the Standard " Technical requirements to digital tachographs used in road transport during transportation through the territory of the Russian Federation.

Order of the Ministry of Transport of the Russian Federation (Ministry of Transport of Russia) dated December 14, 2011 N 319 approved the Procedure for equipping vehicles in operation, technical means control over the observance by drivers of the regimes of movement, work and rest. The procedure applies to vehicle owners, regardless of whether they own vehicles or use them on other legal grounds (hereinafter referred to as vehicle owners) in order to improve the safety of transportation of passengers and goods by road, protect the life and health of citizens, strengthen control over observance by drivers of the established work and rest regimes.

The table shows the obligations of drivers and vehicle owners for the use of tachographs in accordance with the rules.

Decree of the Ministry of Labor of Russia dated 11/10/1992 N 31 (as amended on 08/04/2000) as part of the tariff and qualification characteristics for industry-wide professions of workers, characteristics for car drivers of 4-6 categories were approved.

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

1. Driving trucks (road trains) of all types with a carrying capacity of up to 10 tons (road trains - according to the total carrying capacity of the car and trailer).

3. Checking the technical condition and receiving the car before leaving the line, handing it over and putting it in the allotted place upon returning to the vehicle fleet (transport organization).

4. Submission of vehicles for loading and unloading of goods and control over the loading, placement and securing of cargo in the car body.

5. Elimination of minor malfunctions that have arisen during work on the line that do not require disassembly of the mechanisms.

6. Registration of travel documents.

7. Performance of the whole complex of works on repair and maintenance of a controlled vehicle (in the absence of a specialized service in the organization Maintenance cars. At the same time, it is charged one category higher).

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

1. Driving trucks (road trains) of all types with a carrying capacity of more than 10 to 40 tons (by road train - according to the total carrying capacity of the car and trailer).

2. Elimination of operational malfunctions of the serviced vehicle that occurred during work on the line and do not require disassembly of the mechanisms.

3. Implementation of adjustment work in the field in the absence of technical assistance.

4. Performance of the whole range of works on repair and maintenance of a controlled vehicle (in the absence of a specialized car maintenance service in the organization. At the same time, it is charged one category higher).

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

The driver must know:

1. Purpose, device, principle of operation and operation of units, mechanisms and instruments of serviced vehicles.

2. Rules of the road and technical operation cars.

3. Causes, methods for detecting and eliminating faults that have arisen during the operation of the car.

4. The procedure for maintenance and the rules for storing cars in garages and open parking lots.

5. Rules of operation batteries and car tires.

6. Rules for running in new cars and after major repairs.

7. Rules for the carriage of goods, including perishable and dangerous.

8. Influence weather conditions on driving safety.

9. Ways to prevent traffic accidents.

10. The device of the radio installation and composters.

11. Rules for submitting vehicles for loading and unloading.

12. Rules for filling out primary documents for accounting for the operation of a serviced vehicle.

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

1. General requirements requirements for the transport of dangerous goods and their responsibilities.

2. The main types of danger.

3. Preventive measures and security measures appropriate various types danger.

4. Measures taken after the accident (first aid, road safety, basic knowledge of the use of protective equipment, etc.).

5. Signs and markings to indicate danger.

6. Appointment technical equipment vehicle and control.

7. Behavior of a vehicle with tanks or tank containers during movement, including the movement of cargo.

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 hours

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? Real working hours 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 an irregular working day can be of any duration. But the total number of hours per week 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 (in without fail), based on how many weekly rest days are usually 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, carries people through mountainous areas, transports heavy, oversized cargo or carries out transportation 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 going to rest and food). 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

These are 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 the driver of minibuses or, worse, intercity buses experiences.

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.

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

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

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

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

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

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

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

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

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

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

1. Driver's working hours

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

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

– driving time;

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

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

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

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

– downtime through no fault of the driver;

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

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

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

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

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

1.1. Driver working hours

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

– the terms of the employment contract;

- the rules of the internal labor regulations of the organization;

- work schedule (shifts).

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

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

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

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

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

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

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

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

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

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

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

1.1.1. Mode establishment shift work for the driver

For car drivers, shift work can be set.

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

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

1.1.2. Irregular working day of the driver

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

V labor contract with the driver, a condition on the regime of irregular working hours can be included if given profession provided by the list of positions with irregular working hours. Such a list is established by a local regulatory act (for example, PVTR) or collective agreement(Article 101 of the Labor Code of the Russian Federation).

1.2. Driver overtime

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

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

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

2. Driver rest time

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

2.1. Break for rest and meals

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

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

2.2. Inter-shift rest

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

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

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

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

This holiday can:

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

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

2.3. Weekly rest

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

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

2.4. Giving the driver a vacation

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

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

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

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

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

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REGULATIONS ON WORKING TIME AND REST TIME FOR CAR DRIVERS (approved by the Ministry of Transport of the RSFSR dated 13-01-78 13-ts) (2019) Actual in 2018

RECOMMENDED CAR DRIVERS SHIFT SCHEDULE UNDER DIFFERENT WORK MODES

Drawing up shift schedules for drivers, as well as timetables and traffic schedules in urban, suburban and intercity communications, is carried out on the basis of the Regulations on Working Hours and Rest Time for Car Drivers.

When drawing up schedules, it is necessary to proceed from the fact that the length of time the drivers work in hours per shift does not exceed the permissible maximum duration of the shift, and the number of shifts in the total accounting of working time by day ensures compliance with the working time norm for the accounting period.

where Tcm - the average duration of the working shift of drivers;

Nh - the normal number of working hours of one driver in a given month (according to the calendar);

Kv - the number of drivers in the brigade to which the cars are assigned;

C - the total number of work shifts on vehicles assigned to drivers in a given

The calculations assume the normal number of working hours for a certain month - 177 hours (for example, in April 1977). When developing schedules for other months, the calculation is based on the norm of working hours for these months.