Vehicle Crew Members Of The Organisation Of Working Time, And The Accounting Rules

Original Language Title: Transportlīdzekļu apkalpes locekļu darba laika organizēšanas, ievērošanas un uzskaites noteikumi

Read the untranslated law here: https://www.vestnesis.lv/ta/id/160663

Cabinet of Ministers Regulations No. 474 in Riga on July 3, 2007 (pr. No 38 21 vehicles) crew members of the organisation of working time, and the accounting rules issued under the Highway Traffic Act article 31, first paragraph 1. provisions laying down the requirements for the organisation of working time, and it records the vehicle crew members who operate with the vehicles to which the European Parliament and of the Council of 15 March 2006, Regulation (EC) No 561/2006, which provides for the harmonization of certain social legislation relating to road transport amending Council Regulation (EEC) No 3821/85 and Council Regulation (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85 (hereinafter Regulation (EC) No 561/2006), or on which regulation (EC) No 561/2006 shall apply in the cases referred to the European Nations with regard to the work of crews of vehicles engaged in international road transport (AETR) (hereinafter referred to as the AETR Agreement). 2. The terms used in the following terms: 2.1 the vehicle crew working hours: 2.1.1. period from beginning to end, when the mobile worker is at his workstation, at the disposal of the employer and exercising the following functions connected with transport: 2.1.1.1. control of the vehicle;
2.1.1.2. the goods are loaded or unloaded;
2.1.1.3. performing functions associated with the transport of passenger boarding or disembarkation from the means;
2.1.1.4. clean vehicle or carry out its maintenance;
2.1.1.5. performs other tasks to ensure the vehicle, its passengers or cargo, or perform security tasks that sais clouded with loading and unloading work, also the formalities with police, customs, immigration or other authorities;
2.1.2. the period of time in which the mobile worker is at his workstation to perform specific job functions, including the time when waiting for loading or unloading, and the duration of this period is unknown or above will be considered, in agreement with the employer to the employees ' representatives during a period when the crew member must be at the disposal of the employer;
2.2. availability of time-the period when: 2.2.1. vehicle crew member is not obliged to find in his work, but he is ready to meet the employer's order to start or resume driving or to perform other duties, including the waiting time associated with the crossing, as well as the traffic restriction or prohibition, not including breaks and rest periods;
2.2.2. the vehicle crew member located in a vehicle in motion, sitting next to the driver or on the couchette, if the transport operation involving several drivers;
2.3. work place: 2.3.1. an employer or self-employed drivers ' actual location that the vehicle crew member on duty (including branches, whether they are in the same place with the employers or self-employed in the driver's seat);
2.3.2. the vehicle, what your job duties are used for the mobile worker;
2.3.3. any other place (customs, border crossing points), which are made with the transport related activities. 3. The self-employed drivers, who make the carriage of passengers or goods for hire and constantly generate income outside of labour relations, as well as myself or in cooperation with other self-employed drivers form the commercial relationships with customers, considers the period during which the self employed driver is at his workstation, at the disposal of the client and exercising this provision 2.1.1. and 2.1.2. functions referred to, except for the period when the self employed driver made other works that is not associated with the organization. 4. Working time in excluded: 4.1 these rules 8 and 9 in paragraph breaks;
4.2. the rules referred to in point 2.2 of the availability period;
4.3. Regulation (EC) No 561/2006 or AETR that rest time. 5. The rules referred to in paragraph 2.2.1. the duration of the period of the vehicle's crew know in advance (either before departure or just before the actual start of the period) or its length is determined in accordance with a previous agreement between the employer and employee representatives. 6. If the vehicle crew member carried out the work on the several employers, the amount of working time. 7. If the vehicle crew member during the well at another employer, he employer shall submit a written report on the years of service there. 8. Subject to the provisions of Regulation (EC) No 561/2006 or AETR agreement on driving breaks, the vehicle crew member may not work for more than six consecutive hours without a break. 9. the work stopped for at least 30 minutes, if the total hours worked from six to nine hours, and at least 45 minutes, if the total hours worked for more than nine hours. 10. working time break, which is not a driving break in accordance with Regulation (EC) No 561/2006 or AETR agreement, may be divided into periods of at least 15 minutes each. 11. vehicle crew members (including apprentices and trainees) work, subject to the provisions of Regulation (EC) No 561/2006 or the AETR agreement, if applicable, the provisions of the Treaty relating to rest periods. 12. The employer shall inform the vehicle crew member on the organisation of working time and accounting requirements, satisfy the conditions for collective bargaining agreements and company rules on the agenda, as well as the storage arrangements laid down in the documents, reports and other data on the tests, which the vehicle crew member by the control authorities in connection with this company, if the checks carried out at their premises, as well as on the road tested this drivers of vehicles of the company. 13. Where the driver, through international or national transport, to produce the data recording equipment pursuant to Regulation (EC) No 561/2006, article 26, point 4, indent 5 article 10 of the AETR agreement or 1 (d), the requirements of paragraph because is was sick or on vacation, or have led a vehicle which is not subject to Regulation (EC) No 561/2006 requirements applicable to electronic download form "certificate in accordance with Regulation (EC) No 561/2006 or the European Agreement concerning the work of crews of vehicles engaged in international road transport (AETR) (hereinafter referred to as the transaction receipt). Transaction receipt form included in the European Commission's April 12, 2007, in decision No 2007/230/EC of form in relation to the social legislation relating to road transport activities (annex). 14. This provision by the employer referred to in paragraph 13 of the cases before the trip started issuing vehicle crew member filled in and duly signed receipt transaction. The transaction receipt is stored together with the crew of the vehicle working time records. 15. On the vehicle's crew member of the organisation of working time and records the employer is responsible. 16. An employer is obliged, at the request of the members of the vehicle crew shall be issued in writing the employee's working time tracking data. 17. the employer keep mobile work time tracking data for at least two years after the end of the period in question, but the documents, records and other relevant data for tests of the vehicle crew member by the control authorities in connection with this company, if the checks carried out at their premises, as well as on the road check this company drivers, at least one year after the end of the relevant period. 18. the employer is bound by State or local authorities to report at the request of the crew of the vehicle work time tracking data as well as the rules referred to in paragraph 17 of the documents, records and other relevant data for the tests. 19. the requirements of this Regulation as regards self-employed drivers shall take effect with the 2009 March 23. Informative reference to European Union laws and regulations include legal provisions arising from: 1) of the European Parliament and of the Council of 11 March 2002 Directive 2002/15/EC on the organisation of the working time of persons performing mobile road transport activities;
2) of the European Parliament and of the Council of 15 March 2006, Directive 2006/22/EC concerning the minimum conditions of Council Regulation (EEC) No 3820/85 and 3821/85 concerning the implementation of the social legislation relating to road transport activities and repealing Council Directive 88/599/EEC;
3) of the European Commission of 12 April 2007 decision No 2007/230/EC of form in relation to the social legislation relating to road transport activities. Prime Minister a. Halloween traffic Minister a. Shlesers attachment Cabinet on July 3, 2007. the Regulation No. 474 transactions certificate form traffic Minister a. shlesers