What will change in the work and rest schedule of drivers from 2021

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Mikhail MorzhanaevLeading lawyer at onlinegibdd.ru

Updated January 25, 2021 29011

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It is important for the driver to observe the work and rest schedule (WRO), not only because violations are subject to a fine. The consequences of violations of the regime - overwork and inattention - often lead to accidents on the roads. Izvestia cites the following statistics: more than half of all road accidents are associated with driver fatigue. In this article we will tell you:

• What schedule can a driver work on?
• Driver working time tracking: how many hours a day can he work?
• What is included in a driver's working time?
• What types of driver rest are there?
• What is the difference between the work and rest schedules of bus, truck and taxi drivers?
• Who controls the driver’s work and rest schedule and how?
• Fines for violations of the work and rest regime of drivers
• How to pay a fine for violating the RTO

Scope of application of the new order of the Ministry of Transport

Like the previously valid document, the new order was approved to implement the provisions of Art. 329 of the Labor Code of the Russian Federation, according to which the working hours of drivers are determined by the relevant federal department.

The new features of the organization of work and rest from the Ministry of Transport apply to all drivers working under an employment contract in organizations or individual entrepreneurs. At the same time, a clarification : individual entrepreneurs who independently drive their cars are also required to comply with the requirements of the new order of the Ministry of Transport from 2021.

Driving a car must be included in the job responsibilities of employees who are subject to the order of the Ministry of Transport.

As before, the provisions of the Order do not apply :

• to drivers on intercity flights;
• to employees. managers of rescue and fire trucks;
• to drivers of cars providing medical assistance in emergency situations.

From 2021, the order of the Ministry of Transport does not apply to the following categories of transport workers:

• drivers of government passenger cars;
• drivers engaged in transportation within the company's territory and who do not travel on public roads;
• drivers of departmental security cars;
• army drivers;
• drivers of agencies carrying out operational investigative activities.

As a result, the scope of application of the Ministry of Transport order has been specified : in addition to company employees have been added . At the same time, drivers working on the company’s territory, as well as those employed in various government agencies, are excluded

How does the tachograph record working/free time?

The main device used by the driver to record work and rest hours is the tachograph. It is an on-board recorder that connects to the vehicle systems and automatically records engine starting, movement and other parameters. For commercial flights within the Russian Federation, tachographs with a CIPF unit are used, for international flights - devices operating according to AETR standards.

Recording of work/rest on the tachograph is carried out automatically by the device:

• Before starting work, the driver installs an individual card with a unique digital key into the recorder slot.
• After activating the card by entering a PIN code, the digital key is recognized by the device - this is how the driver is identified.
• If the vehicle crew includes two people, the second driver also identifies himself using a tach card.
• When the card is accepted by the tachograph, you need to select the type of activity before turning on the device. If the shift has just started, then “Rest” is selected, if before that the driver performed other work, “Work” is selected.
• Further actions depend on the tachograph model, but most devices record mode changes automatically. So, when the engine is turned on, the “Operation” mode will be active, and it will not be possible to change it.
• The same applies to the “Driving” mode - it is activated as soon as the car moves. But “Rest” on some models must be entered manually - not all devices record this particular mode when the engine is turned off.

All changes in the operating mode are recorded by the tachograph in memory and recorded on an electronic chip. At the request of a traffic police officer or other supervisory organization, the driver must provide a printout of the data - for this purpose, tachographs have a built-in thermal printer.

Regulation of drivers' working hours from 2021

While maintaining the provision establishing the normal duration of weekly working hours equal to 40 hours , the new order of the Ministry of Transport does not contain provisions requiring working strictly 8 or 7 hours a week. That is, the number of working days per week and their duration may change - provided that the specified weekly time limit is met.

The possibility of introducing summarized recording of working time has been retained. In this case, the accounting period should still be no more than 1 month , and in some cases, when this is not possible, no more than 3 months.

The new order of the Ministry of Transport, starting from 2021, excludes the possibility of establishing a 6-month accounting period for the transportation of passengers in resort areas and for seasonal transportation.

In essence, the permitted length of the working day for summarized accounting remained unchanged

• up to 10 hours – under normal conditions;
• up to 12 hours – on city and suburban bus routes;
• up to 12 hours - for drivers of the healthcare system, telephone, telegraph services, communication institutions, when transporting heads of organizations, television services and cash-in-transit vehicles, taxis, as well as rotation crews.

It is also possible to increase the maximum duration of the working day by 2 hours - that is, up to 12 hours . Given that:

• the need to complete the transportation;
• proceeding to the parking lot.

The new order of the Ministry of Transport, starting from 2021, does not provide for the monthly preparation of a shift schedule for drivers of urban and suburban traffic.

About the procedure for maintaining summarized accounting

Working time calculation

The reason for using summarized accounting is the impossibility of using a standard schedule intended for representatives of a particular profession. Most often, in such situations, accounting periods are set at one month.

Internal labor regulations regulate the very organization of summarized time recording at a particular enterprise. These rules are set personally by the manager. This is done when approving a collective labor agreement, or with mandatory consideration of the opinion of representatives of the trade union body. In the internal regulations, it is necessary to write about the reason why summarized time tracking is organized.

Be sure to indicate the length of the accounting period. Accounting periods can be up to six months if we are talking about work performed seasonally.

Employees must be familiarized with the internal rules when they are hired at an enterprise that operates using summarized accounting. Sometimes summarized accounting becomes individual. This means that it is not valid for everyone, but for certain categories of employees.

Driver’s working time and the procedure for dividing it into parts from 2021

The driver’s working day in the new order of the Ministry of Transport from 2021 also includes periods of direct driving and time for special breaks for the driver to rest. However, there are some differences.

From 2021, the list of activities not related to direct driving, but included in working hours, has been expanded Thus, a separate category of working time not related to management , which includes:

• preparatory and final time;
• periods of medical examinations;
• downtime is not the fault of the employee;
• car repair time;
• other periods provided for by law, labor and collective agreement.

Thus, from 2021, a driver’s working day includes an open list of types of employment not related to driving. It is determined by the agreements reached by the employer and employee. In addition, restrictions on crediting the following periods during working hours have been lifted:

• cargo security;
• presence at the workplace as a second driver.

From 2021, it is permissible to divide a driver’s work shift into parts with his consent . In 2021 and earlier, this was only possible for drivers of company cars for federal employees, as well as those driving buses on city and suburban routes.

has been expanded since 2021 .

In addition, as of 2021, there is a clear delineation of the maximum duration of a break established between parts of a shift:

• for drivers working in passenger transportation – no more than 3 hours ;
• for other drivers – no more than 5 hours .

do not include working hours . They must be provided no later than 5 hours after the start of the shift.

Important

The new order of the Ministry of Transport, starting from 2021, eliminates the rule on overtime work. Thus, the general rules for engaging in it, enshrined in the Labor Code of the Russian Federation, will be applied to drivers.

About work schedules and shifts

The manager is responsible for drawing up an appropriate schedule. The document is compiled monthly, separately for each of the created shifts. Sometimes separate registration of days is required. The employer is responsible in this case for installing:

Driver job

• the moment when duties begin
• destination and time
• shifts depending on their duration
• break, when drivers just rest, eat
• rest for every day and every week

When drawing up schedules, you need to take into account the mode in which the organization as a whole operates. As a basis, time is taken according to a daily or summarized scheme. A separate task is created for those who are sent on long-distance flights.

Irregular hours for drivers and the duration of driving a car from 2021

The restriction still applies , allowing the use of irregular working hours only:

• to drivers of passenger vehicles (except taxis);
• drivers participating in geological exploration and topographic survey work.

is not available for drivers of other vehicles . The very issue of regulating the duration of driving a car has been supplemented since 2021. Here's a comparison:

Responsibility for violating the work schedule of drivers

Sanctions are introduced by Art. 11.23 of the Code of Administrative Offenses of the Russian Federation, the last changes to which were made on November 1, 2019:

How the State Tax Inspectorate checks employers - read here.

Regulation of drivers' rest time from 2021

From 2021, a driver's weekly rest cannot be less than 45 hours . It has been increased 3 hours compared to the previous document of the Ministry of Transport .

At the same time, the employer can reduce the weekly rest time to 24 hours - once in 2 consecutive weeks. But subsequently he is obliged to compensate for this rest. During the 3 weeks after the week with extended work hours, he needs to add 24 hours to his weekly rest or 3 times 9 hours to his daily rest.

Daily rest must be at least twice the duration of the shift (working day). For cumulative accounting, vacation time from 2021 is allowed to be reduced to 11 hours (up to 12 hours in 2021 and up to 11 only for intercity transportation).

From 2021, there are new rules for reducing weekly rest, which did not exist previously:

• it is possible to reduce the rest to 9 hours , but no more than 3 times in the interval between two periods of weekly rest (i.e., as a rule, no more than 3 times a week);
• It is permissible to divide daily rest into parts, the first part of which will be at least 3 hours , and the last part will be at least 9 hours.

Important

From 2021, any daily rest can be replaced by a weekly rest.

A break for rest and food is still provided in the middle of the working day. It can last from 30 minutes to 2 hours . The period after which the driver must be provided with a special rest of 45 minutes has been increased to 4 hours 30 minutes . In this case, this rest can be divided into parts, the first of which should be at least 15 minutes , and the second - no more than 30 minutes . This break is provided if it does not coincide with other periods of rest per shift.

Let's sum it up

• From January 1, 2021, new rules for regulating the work and rest hours of drivers will come into force: drivers will be given additional time to complete transportation or get to the parking lot;
• It is allowed to split shifts into parts for any transportation;
• The time of weekly continuous rest increases to 45 hours.

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Information about medical examinations

When hiring and checking, managers require more than just personal identification from drivers. A medical certificate is required confirming the suitability of a person to perform a specific type of work.

Driver medical examination

Periodic medical examinations are also carried out in the future, when drivers begin work. Here are some basic recommendations:

• Sub-trip inspections are carried out to identify persons who cannot drive a vehicle at all and are unable to ensure safety while driving on the road.
• Pre-trip activities are only available to doctors who have the appropriate license.

Stamps are usually placed on waybills.

Once every five years, bus drivers are examined by a psychiatrist because they operate equipment that can cause serious harm to others. Preliminary and periodic studies are organized at the expense of employers. Leaders not only organize the process, if necessary, they themselves participate in activities to improve first aid skills on the roads.