Law governing the working time of self-employed drivers

Unofficial table of contents

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Date of completion: 11.07.2012

Full quote:

" Law on the regulation of the working time of self-employed drivers of 11 July 2012 (BGBl. I p. 1479) "

Footnote

(+ + + Text evidence from: 1.11.2012 + + +) Unofficial table of contents

§ 1 Scope

This Act regulates the working time of self-employed drivers within the meaning of Article 3 (e) of Directive 2002/15/EC of the European Parliament and of the Council of 11 March 2002 on the organisation of the working time of persons who are mainly responsible for: Exercise activities in the road transport sector (OJ C 327, 28.4.2002, p. 35) in the case of road transport operations within the meaning of Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending the rules on road transport Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85 (OJ No L 302, 15.10.1998, p. 1). 1) or of the European Convention of 1 July 1970 on the Work of Personnel Employed in International Road Transport (AETR) (BGBl). 1974 II p. 1473, 1475). The provisions of Regulation (EC) No 561/2006 and of the AETR shall remain unaffected. Unofficial table of contents

§ 2 Definitions

(1) Working time within the meaning of this Act is the period between the start of work and the end of the work without breaks in which the self-employed driver is at his place of work, is available to the customer and during which he/she is responsible for his/her work. Functions and activities, which do not include general administrative activities that do not directly relate to the specific transport activity that has just been carried out. (2) By way of derogation from paragraph 1, no working time is

1.

the time during which the self-employed driver must be in the workplace in accordance with the agreement with the customer in order to take up his duties;

2.

the time during which the self-employed driver has to keep up with the customer in accordance with the agreement in order to be able to take up his duties without having to stay in his/her place of work;

3.

When the self-employed driver alternates with another driver when driving, the time spent during the journey next to the driver or in a sleeping cabin is spent.

For the periods referred to in points 1 and 2 of the first sentence, this shall apply only if the period and its probable duration are known in advance, at the latest immediately before the beginning of the period concerned. The periods referred to in the first sentence shall not be rest periods. The periods referred to in the first sentence of the first and second sentences are not rest periods. (3) Night work is any work between 0 o'clock and 4 o'clock. (4) A week includes the period from Monday 0 to Sunday 24 h. Unofficial table of contents

§ 3 Working Time

(1) The self-employed driver shall not exceed a working time of 48 hours per week. He may extend his working time up to 60 hours if, on average, he does not operate more than 48 hours per week within four calendar months. (2) The self-employed drivers shall be entitled to night work, in a period of time: shall not work for more than ten hours each 24 hours. Unofficial table of contents

§ 4 Rest periods

The daily and weekly rest periods are determined in accordance with the rules of the European Communities for drivers and AETR. Unofficial table of contents

§ 5 Ruhepause

A self-employed driver shall not be allowed to work for more than six hours in a row without a rest period. The work shall be interrupted by breaks of at least 30 minutes in the case of a working time of more than six to nine hours and 45 minutes in the case of a working time of more than nine hours. The rest periods in accordance with the second sentence can be divided into periods of at least 15 minutes each. Unofficial table of contents

§ 6 Recording obligation

The self-employed driver shall be obliged to record his working time on a daily basis unless it is carried out by a recording equipment referred to in Annex I or Annex I B to Council Regulation (EEC) No 3821/85 of 20 December 1985 on the recording equipment in the Road transport OJ No L 370, 31.12.1985, p. 8). The obligation to record a record shall not apply to general administrative activities which do not directly relate to the specific transport activity which has just been carried out. The records shall be kept for at least two years from the date of preparation. Unofficial table of contents

§ 7 Supervisory Authorities

(1) Compliance with this law shall be supervised by the competent authorities of the country (supervisory authorities). (2) The supervisory authority may order the necessary measures to be taken by the self-employed driver in order to comply with the provisions of this Regulation. (3) The supervisory authority may require the self-employed driver to provide the information necessary for the implementation of this law. It may, in particular, require the self-employed driver to submit the records in accordance with § 6 or to send it for inspection. (4) The officers of the supervisory authority shall be entitled to the workplaces during the operating and working hours. to enter into consideration of compliance with this law; outside that time, or if the workplaces are located in an apartment, they may, without the holder's consent, be used only for the prevention of urgent threats to public security and Order will be entered. The self-employed driver has to allow access to the workplaces. The fundamental right of the inviolability of the apartment (Article 13 of the Basic Law) is restricted to this extent. (5) For the person who is obliged to provide information, § 55 of the Code of Criminal Procedure applies accordingly. Unofficial table of contents

§ 8 Penal provisions

(1) Contrary to the law, those who intentionally or negligently act

1.

contrary to Article 3 (1), first sentence, exceeds the weekly working time,

2.

it works for more than ten hours, contrary to Article 3 (2),

3.

shall work for more than six hours in succession, contrary to § 5 sentence 1;

4.

Contrary to § 5 sentence 2, the work is not interrupted or is not properly interrupted,

5.

, contrary to § 6 sentence 1 or sentence 3, a record is not produced, not correct, not complete or not in time, or is not kept for at least two years,

6.

an enforceable arrangement in accordance with § 7 (2) or (3); or

7.

Contrary to § 7 (4) sentence 2, entry into the workplace is not permitted.

(2) In the cases referred to in points 1, 2, 3 and 4 of paragraph 1, the administrative offence may be punishable by a fine of up to ten thousand euros and, in the other cases, with a fine of up to five thousand euros. Unofficial table of contents

Section 9 Entry into force

This Act shall enter into force on 1 November 2012.