Drivers' working hours – what should apply?
8 hours? 9? Or maybe 10? Drivers' working hours are one of the most detailed and restrictive elements of work in transport companies. They are defined national and EU regulations. On the one hand, regulations must be adhered to, including tachographs, working time, travel expenses, and contributions. On the other hand, there are everyday problems, namely route changes, road delays or breakdowns.
So today we'll break down the topic. What exactly constitutes drivers' working time? What standards apply? Who monitors them? Who does it apply to? What should it look like? settlement of drivers' working time? Welcome to the article!
Drivers' working hours – theory often differs from practice
Drivers' working time regulations have a purpose – to improve road safety. A driver who drives a vehicle professionally is responsible not only for themselves and their cargo, but also for the lives of other people on the road. He spends weeks behind the wheel, often struggling with sleep deprivation, and on top of that, night-time driving and the monotony cause the body to tire faster than we think.
Therefore, working time has been regulated by law so that drivers do not exceed certain limits, and employers are obliged to check records. Working time isn't just about driving. According to the Drivers' Working Time Act, it includes:
- driving a vehicle,
- loading and unloading,
- supervision of passengers,
- forwarding activities,
- daily vehicle maintenance,
- administrative formalities,
- keeping the vehicle clean.
This is important because many entrepreneurs still assume that records only cover hours behind the wheel, but it turns out that drivers' working time takes many forms.
What standards apply, i.e. truck driver's working time
A truck driver has a strictly defined daily driving time. This is a maximum of 9 hours, with the possibility of extending to 10 hours twice a week, and an obligation to take a 45-minute break after 4.5 hours of driving.
Weekly driving time is 56 hours, and in two consecutive weeks a maximum of 90 hours, while the total working time (driving + other activities) may not exceed 60 hours per week and an average of 48 hours per settlement period.
Daily rest periods are normally 11 hours., with the possibility of reducing it to 9 hours a maximum of three times a week. Weekly rest is a minimum of 45 hours, with the possibility of reducing it to 24 hours every other week.
However, this is just the beginning. Road transport drivers are also subject to the following regulations:
- Regulation (EC) 561/2006,
- AETR Agreements,
- and EU Regulation 165/2014 on tachographs.
This means that driving times, rest times and breaks must be recorded using a digital or analogue tachograph.
Who do the regulations apply to?
The regulations include:
- drivers employed under an employment contract,
- self-employed drivers,
- persons not formally employed, but performing transport on behalf of an entrepreneur.
Each of these groups is controlled by a different body:
- employees – by National Labour Inspectorate,
- self-employed – by Road Transport Inspection.
In practice, this means that the obligation to keep records applies to everyone.
Driver activity certificate – when should it be issued?
If the driver:
- he was on sick leave,
- he was on vacation,
- had a break unrelated to the weekly rest,
- drove a vehicle exempt from the provisions of the regulation,
- he did another job,
- remained on standby,
and the data cannot be entered into the tachograph - the entrepreneur must prepare an appropriate certificate. The document template is specified in Commission Decision 2007/230/EC.
The consequences of not respecting drivers' working hours are serious...
From the company's point of view, the risk is multi-level:
- financial penalties,
- checks,
- employee problems,
- image costs,
- operating losses,
- increased danger on the road.
That's why many transport companies today it is moving from manual settlements to advanced telematics systems, because they automatically download data from tachographs and settle them in accordance with the regulations.
Drivers' working time – where do errors most often occur?
Drivers' working time is an area where errors most often occur, as tachograph data is downloaded too infrequently, records are incomplete, and delegations and allowances are inaccurate. Furthermore, there are problems with the correct calculation of personal income tax (PIT) and social security contributions (ZUS), lack of proof of availability, route inconsistencies, and incorrect recording of breaks and rest periods. In extreme cases, entrepreneurs learn about these irregularities only during an ITD inspection.
Can this all be simplified? Of course!
If keeping records of drivers' working time does it remind you of counting hours manually?, compiling routes, and correcting tachograph data – you're no exception. Most transport companies struggle with the same problem.
Therefore, telematics systems are becoming an increasingly popular answer to this challenge, namely automatic tachograph reading, DDD file download, integration and GPS monitoring and generating ready-made settlements.
How does driver settlement work in the ATROM system?
The ATROM system was created to streamline driver time management. Our solution enables:
- remote reading of tachograph data,
- real-time work time analysis,
- generating documents and delegations,
- settlement of gross wages,
- deduction of PIT-ZUS contributions,
- misconduct reports,
- control of weekly norms.
We deliver one tool, which noticeably minimizes the risk of financial and legal errors.
We offer TACHO reader, which allows you to easily download data from the tachograph and driver cards. All driver information is always at your fingertips. The device reads cards in slots 1 and 2, as well as tachograph data via the CAN interface. It also supports the K-line bus, allowing it to work with a variety of vehicles.
Data can be sent to a GPS logger, making it easier to control the fleet. The reader is easy to install and operates at a voltage of 10.5–30V. It makes it easier for companies to calculate driver hours and avoid errors and fines.
Need intuitive fleet management tools? Check out ATROM technologies that streamline everyday logistics. We also offer GPS monitoring for transport companies, GPS monitoring of trailers, GPS for public transport, Whether monitoring for taxis.
FAQ – drivers' working time
1. How many hours is the daily driving time?
Daily driving time may not exceed 9 hours, and under the equivalent working time system, this may be extended to 10 hours twice a week. Maximum driving time on other days is regulated by law and working time standards.
2. What is the weekly working time of a professional driver?
The weekly working time of a professional driver is a maximum of 60 hours, but over a settlement period of up to 4 months the average cannot exceed 48 hours, with a maximum of 56 hours of driving per week (90 hours in 2 weeks) and the obligation to take regular rest periods.
3. What does the working time of a professional driver include?
A driver's working time includes not only driving time but also rest periods, loading and unloading, passenger supervision, and administrative duties. It also includes standby time and vehicle maintenance.
4. What is the maximum driving time?
Maximum driving time is defined by regulations that prohibit drivers from driving for more than nine hours a day and an average of 40 hours a week. Under the equivalent system, working time can be extended to 10 or 12 hours in exceptional cases. Exceeding the maximum driving time can lead to penalties and legal issues.
5. How often should you plan your daily and weekly rest?
A driver's daily rest period should be at least 11 hours, and their weekly rest period should be at least 45 hours in an average week. Reduced daily or weekly rest periods are only possible in exceptional circumstances and require an appropriate distribution of working hours. Compliance with weekly and daily rest periods helps professional drivers maintain road safety.
6. When can a driver's working time be extended?
Working hours may be extended under the equivalent working time system or with extended daily working hours. Extended working hours must be offset by reduced working hours on other days or by days off. In any case, the driver must not exceed the established working time limits or maximum driving time.
7. Who is subject to the statutory working time schedule?
Driver working time regulations apply to individuals employed under an employment contract, self-employed drivers, and those working for a business. Each of these groups must comply with working time regulations and record driving time. A professional driver's work schedule and schedule also includes rest and standby periods.
8. What are the penalties for failing to comply with drivers' working hours?
Failure to comply with driver working time regulations can result in financial penalties, road traffic inspections, and tax settlement issues. Furthermore, failure to adhere to daily and weekly driving time limits increases the risk of accidents.
9. What documents confirm a driver's working time?
Documents confirming working time include tachograph records, driver cards, availability certificates, and records of working time in the system and work schedule. For work on other days or public holidays, it is necessary to prepare appropriate documentation in accordance with the Labor Code. Accurate documentation helps avoid errors in calculating wages and PIT-ZUS contributions.
10. How do telematics systems help in driver accounting?
Telematics systems They enable automatic tachograph reading, driving time monitoring, and the generation of pre-defined invoices. They allow you to monitor a driver's weekly driving time, rest periods, and maximum working hours in real time.
