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/113057

Cabinet of Ministers Regulations No. 520 Riga, July 12, 2005 (pr. No 40 34 vehicles) crew members of the organisation of working time, and the accounting rules issued under the Highway Traffic Act article 31, first paragraph 1. Rules the following terms: 1. the vehicle crew working hours: 1.1.1. 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: 1.1.1.1. control of the vehicle;
1.1.1.2. are loaded or unloaded cargo;
1.1.1.3. performs functions associated with passenger boarding or disembarking from the vehicle;
1.1.1.4. the vehicle or make it pure maintenance;
1.1.1.5. performs other tasks to ensure the vehicle, its passengers or cargo security, or perform tasks associated with loading and unloading work, also the formalities with police, customs, immigration or other authorities;
1.1.2. 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;
1.2. the availability of time, the period when: 1.2.1. vehicle crew member in his work, but is ready to meet the employer's order to start or resume driving or to perform other duties, including the waiting time associated with border crossings or traffic limit or ban, if the vehicle crew member not on the vehicle;
1.2.2. the driver is located in the vehicle in motion and not take a driving break if the transport operation involving several drivers. Availability period shall not include the break and rest time;
1.3. employment: 1.3.1. an employer or self-employed drivers ' actual location that the vehicle crew member on duty (including branches, whether they are located in one place by an employer or self-employed drivers ' actual location);
1.3.2. vehicle, what your job duties are used for the mobile worker;
1.3.3. any other place (customs, border crossing points), which are made with the transport related activities.
2. provisions laying down the requirements for the organisation of working time, and it records the vehicle crew members who perform carriage by vehicles covered by the Council of 20 December 1985, Regulation (EEC) No 3820/85 on the harmonisation of certain social legislation relating to road transport (hereinafter Regulation (EEC) No 3820/85) or regulation (EEC) No 3820/85 these cases — the European Agreement concerning the work of crews of vehicles engaged in international road transport (AETR) (hereinafter referred to as the AETR Agreement).
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 1.1.1 and 1.1.2. 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: 4.1.12 and 13 of these rules referred to in paragraph breaks;
4.2. This provision 1.2. availability referred to in time;
4.3. Regulation (EEC) No 3820/85 or AETR that rest time.
5. The rules referred to in point 1.2.1. 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. The average weekly working time, noting that the week is the period between 11. 00.00 on Monday and noon. 24 Sunday, may not exceed 48 hours.
7. the maximum weekly working time may be extended to 60 hours, noting that the four-month period, the average weekly working time does not exceed 48 hours.
8. the employer shall, in agreement with the employee representatives, you can change the average weekly working time and maximum weekly working time, noting that the average weekly working time of 48 hours in calculation period not exceeding six consecutive months.
9. Pursuant to the provisions of Regulation (EEC) No 3820/85 article 6, paragraph 1, fourth and fifth or the AETR agreement article 6 paragraph 1 of the fourth part, where the transport is carried out in accordance with the AETR agreement, motorist four consecutive month period must not exceed the average weekly working time of 48 hours.
10. If the vehicle crew member carried out the work on more employers, working time shall be cumulative.
11. If the vehicle crew member during the well at another employer, he employer shall submit a written report on the years of service there.
12. Pursuant to the provisions of Regulation (EEC) No 3820/85 or the AETR agreement on driving breaks, the vehicle crew member may not work for more than six consecutive hours without a break.
13. 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.
14. Break may be divided into periods of at least 15 minutes each.
15. If the vehicle crew member during the work of the Chair. 3.43 to 5 a.m., daily working time may not exceed 10 hours. The employer may, in agreement with the employee representatives, you can change the period of the night from the Chair. 00.00 until 07.00.16. vehicle crew members (including apprentices and trainees) working, pursuant to the provisions of Regulation (EEC) No 3820/85 or, if applicable, of the AETR agreement, this Treaty provisions on rest time.
17. The employer shall inform the vehicle crew member on the organisation of working time and accounting requirements of the related provisions of collective bargaining agreements and company rules on the agenda.
18. Where the driver to perform the international transport, according to the Council of 20 December 1985 to Regulation (EEC) No 3821/85 on recording equipment in road transport, article 15, paragraph 7, of the AETR agreement or article 10 of the "d" score requirements to produce the current week of recording equipment or tahogramm, because tahogramm was sick, vacation or other reason are not headed a vehicle, the employer issued the driver a uniform model certificate (annex) for days When the driver has not been and cannot be presented in tahogramm (hereinafter referred to as the certificate).
19. the Directorate of road transport organised by the cognitive form and manufacture.
20. the employer fills out the form for the certificate in duplicate. The first copy is located in the vehicle, and the second, to the employer.
21. the Directorate of road transport has the right to request information about the inquiries form.
22. the employer is responsible for the vehicle crew member of the organisation of working time and records.
23. the 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.
24. the employer keep mobile work time tracking data for at least two years after the end of the relevant period.
25. the employer is bound by State or local authority to produce the vehicle crew work time tracking data.
26. the requirements of this Regulation as regards self-employed drivers shall take effect with the 2009 March 23.
27. paragraph 18 of these rules shall enter into force by 1 October 2005.
Informative reference to European Union directive rules included provisions deriving from Council of 11 March 2002 Directive 2002/15/EC on the organisation of the working time of persons performing mobile road transport activities.
Prime Minister a. Halloween traffic Minister a. shlesers Editorial Note: rules shall enter into force on 23 July 2005.