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Working time decision transport

Original Language Title: Arbeidstijdenbesluit vervoer

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Decision of 14 February 1998 laying down detailed rules for the working and rest periods in or on vehicles, on board vessels and on pilots (Working Time Decision Transport)

We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.

On a proposal from Our Ministers of Transport and Water State and of Social Affairs and Employment of 13 August 1997, No DGP/WJZ/V 723769, DIRECTORATE GENERAL OF PASSENGER TRANSPORT;

Having regard to Article 5:12, 2nd paragraph, of the Working Time Act ;

The Council of State heard (opinion delivered on 30 September 1997, no. W09.97.0529);

Having regard to the further report of Our Ministers of Transport and Water, and of Social Affairs and Employment of 9 February 1998, No DGP/WJZ/V 725 901, DIRECTORATE GENERAL OF PASSENGER TRANSPORT;

Have found good and understand:

Chapter 1. General provisions

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Article 1: 1

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For the purposes of this Decision, the following definitions shall apply: Working Time Act .

Chapter 2. Road transport

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§ 2.1. General provisions

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Definitions

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Article 2.1:1

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  • 1 For the purposes of this Chapter and the provisions based thereon, unless otherwise specified, the following definitions shall apply:

    • a. Our Ministers: Our Ministers of Infrastructure and the Environment and of Social Affairs and Employment;

    • b. Regulation (EC) 561/2006: Regulation (EC) Decision No 561/2006 of the European Parliament and of the Council of the European Union of 15 March 2006 on the harmonisation of certain social legislation relating to road transport, amending Regulations (EEC) No 313/2006 (OJ L 13, 15.3.2006, p. 1). 3821/85 and (EC) No 3821/85 Proposal for a Council Regulation (EEC) No 2135/98 and repealing Regulation (EEC) No 2052/98. Council Regulation (EEC) No 3820/85 (PbEU L 102);

    • c. Regulation (EU) 165/2014: Regulation (EU) 165/2014 of the European Parliament and of the Council of 4 February 2014 relating to tachographs in road transport, repealing Regulation (EEC) No 165/2014 of the European Parliament and of the Council Regulation (EEC) No 3821/85 on recording equipment in road transport and amending Regulation (EC) No 3821/85 561/2006 of the European Parliament and of the Council on the harmonisation of certain social legislation relating to road transport (PbEU 2014, L 60);

    • ed. Truck: Truck as intended for Article 1.1 of the Road Transport Act , as well as a tractor as referred to in Article 1.1 of the Rules of Procedure ;

    • e. bus: Motor vehicle as intended for Article 1 of the Passenger Transport Act 2000 ;

    • f. taxi: car, as intended in Article 1 of the Passenger Transport Act 2000 by means of transport for which a licence is authorised, as intended Article 76, first paragraph, of the abovementioned Law , is required;

    • g. Driver: (a) person who has as a function to drive in a truck to assist the driver and, where appropriate, to carry out related work directly with the transport;

    • h. Recording equipment: Control apparatus as referred to in Regulation (EU) No 165/2014;

    • (i) Directive 2002/15/EC: Directive 2002 /15/EC of the European Parliament and of the Council of the European Union of 11 March 2002 on the organisation of the working time of persons performing mobile road transport activities (PbEG L 80);

    • j. AETR Convention: the European Agreement on the Conditions of Employment of Crews of Motor Vehicles in International Road Transport (Trb, adopted in Geneva on 1 July 1970). 1994, 123).

  • 2 For the purposes of this Chapter and the provisions based thereon, the term 'director' and 'week' shall mean what is understood by those terms in Article 4 (c) and (i) of Regulation (EC) No 1484/3. 561/2006.

  • 3 For the purposes of this Chapter and the provisions based thereon, the term 'tachograph card', 'driver card', 'control card', 'business card' and 'workshop card' shall be understood as defined in Article 2. parts d, f and i to k of Regulation (EU) No 165/2014.


§ 2.2. Scope of the Act

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Partial exclusion from the applicability of the Act

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Article 2.2:1

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Article 11:3, 1st paragraph, of the Act does not apply to infringements found after standing by means of roads of a truck, bus or taxi accessible for public use, in an empty or laden condition as intended for use in the public Article 2.3:1 .


Extension of the applicability of the Act

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Article 2.2:2

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Section 5.1 and-as far as they are concerned as infringements-the paragraphs 5.2 to 5.5 and the provisions based thereon and Article 11: 1 of the Act shall apply mutatis mutandis to the driver who is not an employer or employee within the meaning of the Act.


§ 2.3. Applicability of this Chapter

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Applicability to work in or to motor vehicles

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Article 2.3:1

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Excluding the Working Time Decision This chapter and the provisions based thereon shall apply to any movement which takes place, in whole or in part, on roads accessible to public use, in an empty or laden condition, and the direct related routes. activities of:

  • a. A lorry, the registration plate of which has a deadweight capacity exceeding 500 kg, and a single tractor;

  • b. A bus;

  • c. a taxi, not being an ambulance.


Exclusion of the applicability of this Chapter

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Article 2.3:2

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  • 1 This Chapter shall not apply to carriage of vehicles as referred to in Article 3 (a) (a) to (i) of Regulation (EC) No 1483/8 (2). 561/2006.

  • 2 This chapter is, except Article 2.7:4 , not applicable to work, carried out by a young worker.

  • 4 The Articles 2.4:1, 3rd paragraph , 2.5:1 , 2.5:3 and 2.5:6 are not applicable to transport as referred to in Article 13, paragraph 1 (o) of Regulation (EC) No 148/ 561/2006 as far as vehicles within hub facilities are concerned to the extent that such carriage takes place within a radius of 5 kilometres.


§ 2.4. Registration

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Processing of data

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Article 2.4:1

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  • 1 Except for the particulars and documents provided for in Regulation (EU) No 2481/12. 165/2014, save the employer and the person, intended Article 2:7, 1st member, of the law , the data and documents relating to the Article 4: 3 of the Act the registration obligation laid down in this Regulation shall be at least 104 weeks from the date on which the data and records relate.

  • 3 The driver acts in accordance with Article 6, fifth paragraph, of Regulation (EC) No 324/EC. 561/2006.

  • 5 The employee shall keep the particulars and documents relating to the entry in Article 4: 3 of the Act a registration obligation laid down in the course of its activities, as specified in Article 2.3:1 have been registered until the date of proper transfer to the employer.

  • 6 By arrangement of our Minister of Infrastructure and the Environment, rules may be laid down regarding the method of keeping the particulars and documents referred to in paragraphs 1 and 2, and transferring them to the control apparatus and the driver card registered data to the establishment of the employer or the person, intended in Article 2:7, 1st member, of the law .


Onboard computer

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Article 2.4:2

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  • 2 By arrangement of Our Minister of Infrastructure and the Environment, detailed rules on the registration obligations on the carrier and driver shall be laid down if the on-board computer is out of use and the data present in that case are in the taxi.


Waitress

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Article 2.4:3

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  • 2 The first paragraph shall not apply where it is acted in accordance with or pursuant to the provisions of Articles 2.4:1 and 2.4:13 and the prohibition of Article 2.4:4 shall be respected.

  • 3 By arrangement of our Minister of Infrastructure and the Environment, detailed rules may be laid down regarding the content, filling, publication and preservation of the duty roster.


Control equipment

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Article 2.4:4

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  • 1 It is the employer, the employee and the person, intended in Article 2:7, 1st member, of the law , prohibited:

    • (a) to provide, in the form of incorrect information, in the form of incorrect records, in the form of incorrect records, or to allow them to be made in or to be made available in such a form;

    • -to make, in or on control equipment, change, make or permit modification to be made in earlier or set particulars or notes, to make them unreadable, to do or to admit that they are made unreadable;

    • (c) to seek, to make or to dispose of, in whole or in part, any improper making or making up of, destruction or doing hidden, concealed or concealed, or to allow such search to be made, not properly made, destroyed or kept hidden;

    • (c) use of a control device where or in which incorrect endorsements have been made, to which or where changes have been made or to or in which annotations have been made unreadable;

    • e. to use a driver card, a workshop card or a business card, other than his name, with the exception of a business card of an employer used by his employee;

    • f. to have a facility in the vehicle which can be used for misuse as referred to in points (a) to (e).


Designation of authorities

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Article 2.4:5

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  • 1 Our Minister for Infrastructure and the Environment is competent to deal with Articles 16 (4) and 26 of Regulation (EU) No 726/15. 165/2014.

  • 2 The Road Administration is competent to deal with Articles 12 and 24 of Regulation (EU) No 2482/15 of the EC Treaty. 165/2014.


Application, granting, refusal, revocation or suspension of tachograph card

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Article 2.4:6

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Having regard to Article 25, third paragraph, and Article 26, seventh paragraph, of Regulation (EU) No 165/2014 Our Minister of Infrastructure and the Environment decides on the application, grant, refusal, revocation or suspension of a tachograph card.


Tachograph card period of validity

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Article 2.4:7

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  • 1 A driver card and a business card have a term of validity of 5 years.

  • 2 A workshop card has a period of validity of 1 year.


Use driver card

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Article 2.4:8

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The employer, the employee and the person, intended to Article 2:7, 1st member, of the law Driving as a driver on a truck or bus fitted with a recording equipment, acting in accordance with the provisions of Article 27 (5) of Regulation (EU) No 248/ No (EU) No 248/ 28 of Regulation (EC) No 248/ 28 of the EC Treaty. 165/2014.


Use a workshop card

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Article 2.4:9

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The holder of a workshop card shall act in accordance with Article 22 (2), second paragraph, third paragraph, first sentence, fourth and fifth paragraphs, and 23 of Regulation (EU) No 238/ No (EU) No 17. 165/2014.


Use Company Card

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Article 2.4:10

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The employer and the person referred to in Article 2:7, 1st member, of the law uses a corporate card to record data registration with respect to the Article 4:3, 1st paragraph, of the Act the obligation laid down in the recording equipment and the data recorded in the recording equipment should be excluded.


Replacement tachograph card

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Article 2.4:11

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  • 1 A driver card, workshop card or business card shall cease to be valid in any case by revocation or suspension and by the expiry of the period of validity.

  • 2 An alternate card for the remaining period of validity, lost, stolen, defective or damaged driver card, workshop card or business card, is replaced by a replacement card.

  • 3 The holder reports loss or theft of his driver card, workshop card or business card to Our Minister of Infrastructure and the Environment.


Implementing rules

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Article 2.4:12

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Under the rules of our Minister of Infrastructure and the Environment, rules may be laid down on:

  • a. grounds for approval, refusal, revocation or suspension of a model tachograph card;

  • b. The certificate necessary for the approval of a model tachograph card;

  • (c) the validity and grounds of grant, refusal, revocation or suspension of tachograph cards;

  • d. the application for tachograph cards and model tachograph cards, the period of decision on the application and the costs associated with the processing of an application, and the issue of tachograph cards;

  • e. method of reporting and surrender in the event of lost, stolen, defective or damaged tachograph cards;

  • f. the manner in which a tachograph card or a recording device is used;

  • g. The method of processing the data stored on a tachograph card or in a recording device.


Implementing rules

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Article 2.4:13

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  • 1 By arrangement of our Minister of Infrastructure and the Environment, detailed rules may be laid down which for the implementation of Regulation (EU) No 165/2014 are necessary.

  • 2 In so far as Regulation (EC) No 561/2006 shall be prohibited to act contrary to Articles 1, first paragraph, second paragraph, 3, first paragraph, 27, 29, second paragraph, 32, first to fourth paragraph, 33, first and second paragraphs, 34, subject to paragraph 3 (b), second paragraph. paragraph, 35, 36, first and second paragraphs, 37, first paragraph, first sentence, and second paragraph of Regulation (EU) No 165/2014.

  • 3 In so far as Regulation (EC) No 561/2006 is applicable, the driver is living the requirement of Article 12, second sentence of Regulation (EC) No 1408/71. 561/2006.

  • 4 To the extent that the AETR Convention applies, it shall be prohibited to act contrary to or pursuant to Article 10 of the AETR Convention.


Designation of authorities

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Article 2.4:14 [ Expired on 02-03-2016]

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Custom Work Register

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Article 2.4:15 [ Exfall by 23-03-2010]

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§ 2.5. Working hours and rest periods

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Rest period

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Article 2.5:1

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  • 2 The driver carrying out transport other than taxi services and the driver acting in accordance with the provisions of Articles 8 and 9 of Regulation (EC) No 1408/No (EC) No 2 561/2006 or, to the extent that the AETR Convention applies, in accordance with Article 8 of the AETR Convention.

  • 3 The worker who carries out taxi services has:

    • a. In each continuous 24-hour period, an uninterrupted rest period of not less than 10 hours; and

    • b. An uninterrupted rest period of at least 36 hours in each continuous period of 7 times 24 hours.

  • 4 The third paragraph may be derogated from by means of a collective agreement, subject to the provisions of paragraph 5. Any derogation from the third paragraph shall be null and void in any way other than the preceding sentence.

  • 5 The employer shall organise the work in such a way as to ensure that the worker carrying out taxi services:

    • a. In each continuous period of 24 hours, a continuous rest period of not less than 10 hours is to be reduced to a minimum of eight hours twice in each continuous period of 14 times 24 hours; and

    • (b) in each continuous period of 14 times 24 hours a rest period of 72 hours may be divided into periods of at least 24 hours.


Sunday Labor

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Article 2.5:2

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For taxi transport, for the purposes of Article 5: 6 of the Act declared Sunday as the period between Sunday 06:00 and 24.00 hours.


Driving time

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Article 2.5:3

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The driver who carries out transport other than taxi services shall act in accordance with the provisions of Article 6, first to third paragraph, of Regulation (EC) No 248/ (2). 561/2006 or, to the extent that the AETR Convention applies, in accordance with Article 6 of the AETR Convention.


Work on night shift

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Article 2.5:4

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  • 2 The employer shall organise the work in such a way as to ensure that the worker who carries out transport other than taxi services:

    • a. At most 43 times in any period of 16 consecutive weeks of work on night work; or

    • b. A maximum of 20 hours in each period of two consecutive weeks of employment shall be performed between 00.00 and 06.00.

  • 3 The worker carrying out taxi services shall carry out:

    • a. A maximum of 52 times in any period of 16 consecutive weeks and 140 times in each period of 52 consecutive weeks of work in night shift; or

    • b. maximum 38 hours in each period of 2 consecutive weeks of employment between 00.00 and 06.00.

  • 4 The third paragraph may be waived only by collective agreement and after the worker has so agreed. Any derogation from the third paragraph shall be null and void in any way other than the preceding sentence.


Work on night duty in respect of transport covered by Regulation (EC) No 248/ 561/2006 applies

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Article 2.5:4a

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  • 1 By way of derogation from the Articles 2.2:2 and 2.3:1 this Article shall apply only in so far as Regulation (EC) No 148/ 561/2006 shall apply.

  • 3 As regards the worker who carries out work wholly or partly situated between 01.00 and 05.00, his total working time does not exceed 10 hours in the period of 24 consecutive hours from the date of the end of the period of the beginning of his work.

  • 4 The third paragraph may be derogated from by means of a collective agreement, subject to the provisions of paragraph 5. Any derogation from the third paragraph shall be null and void in any way other than the preceding sentence.

  • 5 The employer shall organise the work so that the worker has daily working hours not exceeding 12 hours in any period of 24 consecutive hours from the start of his work.


Abnormal work on night shift

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Article 2.5:5

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  • 1 This Article shall apply only to work carried out in the context of:

    • a. Carriage of bread and pastry products;

    • b. carriage of goods to and from distribution centres, terminals or airports;

    • (c) cross-border transport of flower bulbs, flowers, plants and nurseries, fruit and vegetables;

    • d. Transport services for the maintenance and construction of roads and rail links.

  • 2 By way of derogation from Article 2.5:4, second paragraph , this Article may be applied if the nature of the transport entails that such transport takes place mainly during the night and that it is not reasonably avoided by any other means of arranging transport.

  • 3 The employer shall organise the work in such a way that the employee:

    • a. A maximum of 52 times during each period of 16 consecutive weeks and 140 times during each period of 52 consecutive weeks of work in night work; or

    • b. A maximum of 38 hours in each period of two consecutive weeks of employment shall be performed between 00.00 and 06.00.


Pause

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Article 2.5:6

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  • 2 The driver to whom the first paragraph does not apply shall act in accordance with Article 7 of Regulation (EC) No 2410/EC. 561/2006 or, to the extent that the AETR Convention applies, in accordance with Article 7 of the AETR Convention.

  • 3 Subject to the first and second paragraphs and Article 2.5:3 The employer shall organise the work in such a way as to include, in cases other than driving, the worker, in so far as he carries out any transport covered by Regulation (EC) No 1408/71. 561/2006 shall apply:

    • a. No longer than six hours of working time without a break;

    • b. where the working time is six hours or more but not more than nine hours, has a break of at least 30 minutes, or two breaks of at least 15 minutes;

    • c. where the working time is more than nine hours, has a break of at least 45 minutes, or several breaks of at least 15 minutes each.


Maximum weekly working time in respect of transport covered by Regulation (EC) No 248/ 561/2006 does not apply

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Article 2.5:7

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  • 1 By way of derogation from the Articles 2.2:2 and 2.3:1 This Article shall apply only to the worker who carries out the transport covered by Regulation (EEC) No 248/ 561/2006 does not apply.

  • The worker who carries out transport other than taxi services shall, during any period of 16 consecutive weeks, perform an average of 48 hours per week of employment.

  • 4 The worker who carries out taxi services shall not exceed:

    • a. 60 hours of work per week;

    • b. 12 hours of work per shift; and

    • c. on average 48 hours of work per week in any period of 16 consecutive weeks.

  • Paragraph 5 of the third and fourth paragraphs may be derogated from under the sixth paragraph only in respect of collective rules. A derogation from paragraph 1 shall be null and void in any way other than the preceding sentence.

  • 6 The employer shall organise the work so that the employee carries out work for a period of 26 consecutive weeks at the highest average of 48 hours per week.


Maximum weekly working time in respect of transport covered by Regulation (EC) No 248/ 561/2006 applies

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Article 2.5:8

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  • 1 By way of derogation from the Articles 2.2:2 and 2.3:1 this Article shall apply only in so far as Regulation (EC) No 148/ 561/2006 shall apply.

  • The worker shall not exceed 60 hours per week of employment, on the understanding that, for a period of 16 consecutive weeks, he carries out an average of 48 hours per week of employment.

  • Paragraph 3 of paragraph 3 may be derogated from by reference to the fifth paragraph of this paragraph only. Any derogation from the third paragraph shall be null and void in any way other than the preceding sentence.

  • 5 The employer shall organise the work so that the worker does not exceed 60 hours of employment for a period of one week, except that for a period of 26 consecutive weeks he shall average 48 hours per week. Work done.


Availability

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Article 2.5:9

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  • 1 For the application of the Articles 2.5:4a, 3rd and Fifth Member , 2.5:6, third member , and 2.5:8, third and fifth member The following shall not be considered as working time:

    • a. To the driver, the periods in which it accompanies a vehicle that is being transported;

    • b. Waiting times as a result of driving bans;

    • c. In relation to the driver or a second driver, the periods during the journey through the driver or in a sleeper cab; and

    • d. in relation to the person, intended in Article 2:7, 1st member, of the law , the periods in which it is not available to the customer and provides a general administrative work which is not directly related to the transport of goods supplied to the customer.


§ 2.6. Exemptions

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Article 2.6:1

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  • 1 Our Ministers, where there are valid reasons for doing so, may exempt:

  • 2 The exemption referred to in paragraph 1 (a) shall not be granted after the third party concerned has full jurisdiction over the employers or employers ' organizations with full jurisdiction; have been asked to express their views.


§ 2.7. Other provisions

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Non-contributory prohibition

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Article 2.7:1

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  • 1 It is the employer's prohibition to act contrary to Article 10, first paragraph, of Regulation (EC) No 148/ (2). 561/2006.

  • 2 The employer shall act in accordance with Article 10 (2) and (5) of Regulation (EC) No 1482/3. 561/2006.

  • 3 The driver acts in accordance with Article 20 of Regulation (EC) No 2383/2. 561/2006.


Driver's competence

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Article 2.7:2 [ Expaed by 10-09-2009]

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Designation of authorities

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Article 2.7:3

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Our Minister of Infrastructure and the Environment is designated as the competent authority referred to in Articles 19 (2) and 22 (2) of Regulation (EC) No 1422/EC. 561/2006.


Driver's side

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Article 2.7:4

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  • 1 The employer may carry out a young worker as a person employed in the course of a further employment if:

    • (a) holds a certificate issued by the Stichting Rural Organ, Transport and Logistics, which shows that he is registered there as an apprentice; and

    • b. Transport is carried out entirely in the Netherlands.

  • 2 The employer shall monitor the possession of the declaration referred to in paragraph 1 (a).


Article 2.7:5. Transitional Professional Competence Scheme [ Expired by 10-09-2009]

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Article 2.7:6. Changes in the driver's competence with effect from 10 September 2009

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Chapter 3. Rail transport

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§ 3.1. General provisions

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Applicability of the Chapter

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Article 3.1:1

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Excluding the Working Time Decision This chapter applies to an employee of 18 years of age or older, who is the person responsible for a railway undertaking as defined in the Railway Act , in or on a railway vehicle, a service in which it is used for more than one hour on a journey from which the start or end point is more than 15 kilometres across the border.


§ 3.2. Registration

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Retain data and documents

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Article 3.2:1

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The employer shall keep the records and records relating to the Article 4: 3 of the Act the registration obligation laid down for registration of at least 52 weeks from the date on which the data and records relate.


§ 3.3. Working hours and rest periods

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Daily rest period

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Article 3.3:1

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  • 2 The employer shall organise the work in such a way that the employee has a daily uninterrupted rest period of:

    • a. At least 12 hours in each continuous period of 24 hours if the rest period is to be spent in the normal place of residence;

    • b. 8 hours at least in each contiguate period of 24 hours if the rest period cannot be spent in the normal place of residence.

  • 3 The rest period referred to in paragraph 2 (a) may be shortened to at least 9 hours for a period of 7 times 24 hours, provided that the time at which this rest period is reduced is added to the next rest period which is in the normal course of the day. place of residence may be spent.

  • 4 The rest period which can be spent in the normal place of residence is not significantly reduced if it is preceded and is followed by a rest period which cannot be spent in the normal place of residence.

  • 5 The employee has a daily interrupted rest period, which may be spent in the normal place of residence, after a daily uninterrupted rest period which cannot be spent in the normal place of residence.

  • 6 A derogation from paragraph 5 may be made by collective agreement, in accordance with the seventh paragraph. Any clause derogating otherwise from the fifth paragraph shall be null and void.

  • 7 The employer shall organise the work in such a way that the worker has no more than two consecutive days of uninterrupted rest periods which cannot be spent in the normal place of residence.

  • 8 The period referred to in paragraph 2 starts at the first time of the day, on which the employee is a service as intended for the purpose of Article 3.1:1 -


Weekly uninterrupted rest period

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Article 3.3:2

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  • 2 The employer shall organise the work in such a way that the worker, in any continuous period of 7 times 24 hours, carries out at least one service as specified in the Article 3.1:1 , has an uninterrupted rest period of at least 36 hours.

  • 3 The period referred to in the second paragraph starts at the first time of the day, on which the employee is a service as intended Article 3.1:1 -

  • 4 In any period of 52 consecutive weeks in which an employee has at least 52 services as intended Article 3.1:1 The employer shall organise the work so that the worker has 104 periods of at least 24 hours of uninterrupted rest period.

  • 5 The 104 periods referred to in paragraph 4 shall comprise at least 24 consecutive periods of at least 60 hours, of which 24 periods include at least 12 periods throughout the Saturday and the whole of Sunday.


Pause

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Article 3.3:3

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  • 2 The employer shall organise the work of the driver in such a manner as to:

    • a. More than 6 hours of work by service shall be interrupted by a break of at least 30 minutes;

    • b. performing more than 8 hours of work by service, interrupted by a break of at least 45 minutes;

    • c. a part of the break, referred to in (a) and (b), is enjoyed between the third and sixth hours of work.

  • 3 The second paragraph, part b and c, shall not apply in the case of the presence of two serviceable train drivers in the railway vehicle.

  • 4 The employer shall organise the work of the other staff in or on the railway vehicle in such a way that if more than 6 hours per shift work is carried out, this work shall be interrupted by a minimum of 30 minutes.


Driving time

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Article 3.3:4

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  • 1 The employer shall organise the work of the driver in such a way that his driving time:

    • a. not more than 9 hours per shift, or not more than 8 hours if the time of work is 3 hours or more in the period between 00.00 and 07.00;

    • b. 80 hours maximum, in each continuous period of 14 times 24 hours, during which he carries out at least two services as specified in: Article 3.1:1 .

  • For the purposes of applying the first paragraph, the following shall be considered as driving time:

    • a. the duration of the active activity in which the driver is responsible for driving a locomotive; and

    • b. Interruptible Interruptions in which the driver remains responsible for the locomotive.

  • 3 For the purposes of the first paragraph, the time laid down for setting and disabling the locomotive shall not be considered as driving time.

Chapter 4. Aviation

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§ 4.1. General provisions

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In-flight crew concept

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Article 4.1:1

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For the purpose of this chapter and the provisions based thereon, the following definitions shall apply:

  • a. Member of the flight crew: the worker of 18 years of age or older who is carrying on board an aircraft that is of direct interest to the operation of the aircraft during the flight;

  • b. Cabin crew member: the worker of 18 years of age or older, who is not part of the flight crew, has any activity on board an aircraft for the benefit of the occupants or as an animal handler during the flight;

  • c. Member of the on-board personnel: Member of the flight crew and cabin crew.


Concepts of flight time, maintenance time, rest time, ground time and rest period

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Article 4.1:2

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In this chapter and the provisions based thereon, except for: § 4.5 The following definitions shall apply:

  • a. Flight time: the period from the moment where a member of the crew member is required to report to the end of his duties for the performance of his/her duties;

  • b. working time: the sum of the flight time and the airport reserve time;

  • c. reserve time: a period in which a member of the on-board personnel is not assigned to the airport and is not required to be present at the airport, but must be available for the purpose of receiving any traffic flight mission;

  • ed. Airport Reserve Time: a period in which a member of the on-board personnel is not assigned to the flight for a flight, but is required to be present at the airport for the purpose of receiving a mission to carry out any traffic flight;

  • e. rest time: any period outside the flight work period during which a member of the board personnel is relieved of all duties and assignments, and therein has the opportunity to enjoy rest in an appropriate accommodation;

  • f. ground time: Any period of flight time that is not part of a flight;

  • g. Rest period: the adequate accommodation on board the aircraft, which allows for a horizontal rest to be enjoyed by a member of the flight crew in one of the passengers and an obstacle separated cargo space.


Concepts of flight hours, flight time, flight, cruise and air work

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Article 4.1:3

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In this chapter and the provisions based thereon, except for: § 4.5 The following definitions shall apply:

  • a. flight time: The period from the moment when the helicopter is moving on its own power until the moment when the lifting screw or lifting screws come to a standstill or come to an end;

  • b. Traffic flight: a flight intended to carry transport by an air carrier;

  • c. Round flight: a traffic flight starting and ending on the same site and having a duration of not more than 60 minutes;

  • ed. Air labor: works carried out by a member of the on-board personnel during the flight, other than a traffic flight.


Other concepts

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Article 4.1:4

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Except where otherwise provided, the following definitions shall apply in this chapter and the following:

  • a. air carrier: undertaking which, in whole or in part, makes its holding of the transport of persons, animals or goods with aircraft for remuneration;

  • b. aircraft: an aircraft as specified in the Aviation Law ;

  • c. Day: a period from 00.00 to 24.00 hours Universal Time Coordinated for aeroplanes and from 00.00 to 24.00 local time for helicopters;

  • ed. airport: an area established for takeoff and landing, as well as the related movement in that field of aircraft.


Concepts in § 4.5 Fly and duty time limitations and rest periods for flights covered by EC Regulation 3922/91

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Article 4.1:5

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In § 4.5 The following definitions apply:

  • a. EC Regulation 3922/91: Regulation (EEC) No 3922/91 of the Council of the European Communities of 16 December 1991 on the harmonisation of technical regulations and administrative procedures in the field of civil aviation (PbEG L 373);

  • b. Flight duty period: a flight duty period (FDP) as referred to in EC Regulation 3922/91, Annex III, part 1.1095, under 1.6;

  • c. Our Ministers: Our Ministers of Infrastructure and the Environment and of Social Affairs and Employment.


§ 4.2. Scope of the Act

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Partial exclusion from the applicability of the Act

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Article 4.2:1

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Article 4.3 and Chapter 5 of the Act and the following provisions shall not apply to:

  • a. Work carried out by a member of the on-board staff of 18 years of age or older which makes flights, other than traffic, for the benefit of its own business, or of the government;

  • b. Air work performed by a member of the board staff of 18 years of age or older;

  • c. Work carried out by a cabin crew member of 18 years of age or older of helicopters making traffic flights;

  • d. Work carried out by persons of 18 years of age or older on board aircraft, other than on board personnel.


Extension of the applicability of the Act

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Article 4.2:2

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Section 5.1 and-as far as they are concerned as infringements-the Section 5.2 to 5.5 of the Act and the provisions based thereon shall apply mutatis mutandis to a member of the board personnel who is not an employer or an employee within the meaning of the Act.


§ 4.3. Applicability of the Chapter

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Applicability to work on board aircraft

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Article 4.3:1

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Excluding what in the Working Time Decision shall be determined, this chapter shall apply to work carried out on board aircraft.


§ 4.4. Registration

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Registration

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Article 4.4:1

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  • 1 Every member of the crew on board staff on traffic with helicopters except for round-trip flights, keeps or keeps track of his working hours and rest periods.

  • 2 The regulation of our Minister of Infrastructure and the Environment lays down detailed rules governing the method of registration.


Retention period

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Article 4.4:2

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The employer, the person, intended to Article 4.2:2 , as well as the member of the crew member Article 4.4:1, first paragraph , please keep records and records relating to: Article 4.4:1, first and second members , and the in Article 4.3 of the Act a recording obligation laid down for registration of at least 52 weeks from the date on which the relevant data and documents relate.


§ 4.5. Flight and duty time limitations and rest periods for flights covered by EC Regulation 3922/91

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Article 4.5:1. Applicability of the paragraph

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Instead of § 5.2 of the Act This paragraph and EC Regulation 3922/91 applies to crew members on flights covered by EC Regulation 3922/91.


Article 4.5:2. Maximum working time

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The employer shall organise the work in such a way that, for a member of the board staff, the working time is not more than 2000 hours per year and is distributed as evenly as possible over the calendar year.


Article 4.5:3. Extended flight duty period at split shift

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The arrangements for the extension of the period of flight duty may be determined by means of a system of our Ministers.


Article 4.5:4. Rest

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  • 1 By arrangement of Our Ministers, it is determined how the effects of time zone differences on crew members with additional rest are compensated.

  • 2 The conditions under which the rest may be reduced may be determined by means of a settlement of our Ministers, subject to the provisions of Regulation 3922/91, Annex III, Section 1.1110, 1.1 and 1.2.


Article 4.5:5. Extension of the flight duty period

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  • 1 The rules of our Ministers may lay down rules on the extension of the flight duty period, with the limits laid down in the EC Regulation No 3922/91, Annex III, section 1.1105, to the extent that it is extension of the baseline flight crew. At least the number of hours of rest and rest on board shall be taken into account.

  • 2 The rules of our Ministers may lay down rules for the extension of the flight duty period of cabin crew, with exceeding the limits set out in EC Regulation 3922/91, Annex III, section 1.1105. At least the number of hours of rest and rest on board shall be taken into account.


Article 4.5:6. Standby

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Rules may be laid down for the rules of our Ministers in respect of:

  • a. The relationship between airport preparedness and the immediately subsequent flight duty;

  • (b) the minimum rest period following airport standby which is not followed by a flight duty;

  • c. the other forms of preparedness.


§ 4.6. Labour, rest and spare time cabin crew aeroplanes operated by road traffic excluding round-trip flights [ Expands19-07-2008]

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Applicability of the paragraph [ Expveldation by 19-07-2008]

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Article 4.6:1 [ Exposition by 19-07-2008]

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Corresponding declaration of application [ Expired by 19-07-2008]

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Article 4.6:2 [ Expaed by 19-07-2008]

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Flight time and maximum adjusted flight hours [ Expandable by 19-07-2008]

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Article 4.6:3 [ Expaed by 19-07-2008]

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Working time, rest time and spare time

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Article 4.6:4 [ Expaed by 19-07-2008]

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Unexpected commands

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Article 4.6:5 [ Expaed by 19-07-2008]

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§ 4.7. Working hours and rest periods in flight crew on helicopters

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Applicability of the paragraph

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Article 4.7:1

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Instead of Section 5.2 of the Act This paragraph shall apply to the member of the on-board personnel on operations of helicopters.


Working hours and rest periods

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Article 4.7:2

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  • 1 The employer shall lay down rules on the working hours and rest periods for each crew member on circular flights. These rules are such that the safety of the flight is not compromised by fatigue, acting, or during a flight, or during a series of flights, or during a certain period.

  • 2 These rules shall be submitted for assent to our Minister of Infrastructure and the Environment and to our Minister.

  • 3 The employer organises the work in accordance with the rules for which our Minister of Infrastructure and the Environment and Our Minister have given assent.


§ 4.8. Labour, rest and reserve time flight crew helicopters

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Applicability of the paragraph

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Article 4.8:1

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Instead of Section 5.2 of the Act This paragraph applies to the flight crew member on helicopter traffic, with the exception of those operating around the flight crew.


Landing concept

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Article 4.8:2

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For the purpose of this paragraph and the following provisions, the term 'landing' means an approach followed by the ground to a standstill, either in a hover-flight of a helicopter with:

  • 1 °. the purpose of:

    • a. The embarkation or debarking of passenger (s) or crew member (members), whether or not by means of an installation of the hice;

    • b. loading or unloading of cargo;

    • c. On-or hooks of an external charge;

    • d. The taking of fuel,

    provided that the operations referred to in points (a) to (d) are carried out with rotating engines (s); or

  • 2 °. The purpose of terminating the flight by bringing the rotor (s) to a stop or to stop the engine (s).


Equivalence with flight time

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Article 4.8:3

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  • 1 The flight time is considered to last for at least 15 minutes after the end of the last flight in the period during which the member of the flight crew acts as such.

  • 2 As flight time, the duration of the assignment given by the employer is also considered to be different from the time taken by the flight crew member.

  • 3 Where a contract referred to in the second paragraph involves the making of one or more consecutive flights as a passenger or as a non-working crew member:

    • a. The duration of this assignment is the time from the time of the notification for the first flight to 15 minutes after the end of the last flight;

    • b. are the standards specified in Article 4.8:6, 1st and 2nd member , and the corrections, for the purpose of Annex G which does not apply to the aggravating circumstances referred to in VII,

    • c. is it allowed, several times behind a bebrief rest, as intended in Article 4.8:10 , to be applied, provided that a rest period is taken into account at the end of the period, equal to the normal minimum amount of rest, Article 4.8:9 , together with the total of the abbreviations of the preceding rest in relation to the normal minimum rest.


Maximum flight time

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Article 4.8:4

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  • 1 In Annex G part of this decision is the method of calculating the maximum flight time and the table according to which the maximum flight time is determined in the short and long term and the manner in which the adjusted flight time of the flight time Flight time is derived by the following corrections:

    • a. aggravating circumstances;

    • b. Ground time without work; and

    • c. Contracts other than those to which flight crew members make flights other than traffic flights.

  • 2 The in Annex G The ceilings which are annexed to this Decision in Table G shall apply only if the implementation of the ceilings is to be implemented. Article 4.8:3, 2nd paragraph The contract is to be followed by a flight working time, in which work is actually carried out as a flight crew member for the purpose of running a flight, without having been separated by at least one rest period.

  • 3 Following: Article 4.8:10, third member , the table shall be defined according to which the maximum of the flight time is determined after a short rest, taking into account the flight work time that has been provided for the short rest.

  • 4 The employer shall organise the work in accordance with the first to third members.


Maximum working time and maximum flight time

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Article 4.8:5

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  • 1 The sum of flight time within the flight work period shall not exceed 9 hours or as many hours as determined in accordance with the second paragraph.

  • 2 In Annex H Associated with this Decision, the flight time reduction is determined in relation to the number of landings within the flight time, where a landing between sunset and sunrise is counted as two landings.

  • 3 A continuous flight time shall not exceed 4 hours.

  • 4 By way of derogation from the third paragraph, if the scheduled flight time is 4 to 5 hours, it shall be interrupted by a minimum of 30 minutes.

  • 5 If, by way of derogation from the third paragraph, the scheduled flight time is more than 5 hours, it shall be interrupted by a minimum of 45 minutes or two breaks of at least 30 minutes each. The breaks are distributed evenly throughout the flight hours as much as possible.

  • 6 The maximum flight time for a member of the flight crew is:

    • a. 33 hours per continuous period of 7 days;

    • b. 110 hours per month;

    • c. 900 hours per year.

  • 7 Working time shall not exceed 2000 hours per year and shall be distributed as evenly as possible over the calendar year.

  • 8 The employer shall organise the work in accordance with the first to the seventh member.


Number of landings

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Article 4.8:6

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  • 1 Within one flight work time, up to 25 landings between sunset and sunrise are created.

  • 2 In Annex I Associated with this Decision, the table shall be set for the maximum number of landings within one flight time if it includes both landings between sunrise and sunset and between sunset and sunrise.

  • 3 The employer shall organise the work in accordance with the first and second members.


Schedule

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Article 4.8:7

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  • 1 The employer shall organise the work so that a responsible margin is taken into account in the planning of flight hours in relation to the maximum flight time and the flight time.


Reserve Time

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Article 4.8:8

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  • 1 The employer shall organise the work so as to have a minimum reserve time of 12 hours.

  • 2 If the time lying between the call for notification and the notification time is less than 8 hours, the time is situated between the start of the reserve time and the notification time is considered to be a reserve time.

  • 3 If the time lying between the call for notification and the notification time is more than 8 hours and the relevant member of staff is relieved of the reserve requirement then the time is situated between the start of the reserve time and the time of the day. The call time is considered to be a reserve time.

  • 4 Between different spare times is at least a period of 8 hours.

  • 5 The employer shall organise the work in accordance with the second to fourth members.


Rest periods

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Article 4.8:9

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  • 1 The normal minimum rest period, prior to a flight time, shall be 12 hours.

  • 2 A member of the flight crew of helicopters shall have a continuous rest period of at least 36 hours in each continuous period of 7 days or a continuous rest period of not less than 48 hours in each continuous period of 10 days.

  • 3 If, in a continuous period of three days, the sum of the hours of flight hours is more than 32 hours, one of the intermediate normal minimum rest periods shall be enjoyed between 8 p.m. and 12 noon local time.

  • 4 The employer shall organise the work in accordance with the first to third members.


Bebrief rest

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Article 4.8:10

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  • 1 A normal minimum rest period may be reduced to not less than 8 hours, it being understood that a reduction of more than one hour is not more than once every continuous period of 7 days.

  • 2 After a short rest, the rest period after the flight work, following the short rest, is at least equal to the normal minimum rest period, plus the time at which the normal minimum rest period has been reduced.

  • 3 In Annex J This decision sets out the table according to which the maximum of flight time is to be determined after a short rest, taking into account the flight time required for the short rest of the flight.

  • 4 A rest period of less than 8 hours is considered to be ground time.

  • 5 The employer shall organise the work in accordance with the first to fourth members.


§ 4.9. Waiver

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Article 4.9:1

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  • 1 Our Minister of Infrastructure and the Environment may grant exemption from Section 4.8 for work carried out by a member of the on-board personnel of helicopters, used for the transport of:

    • a. traumateams for emergency medical treatment; or

    • b. Passengers or cargo from or to helicopter platforms on mining installations as intended Article 1, point (o) of the Mining Act , or on ships, used in the context of detection or extraction of minerals or geothermal.

  • 2 The employer shall comply with the rules attached to a waiver.


§ 4.10. Derogations

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Article 4.10:1

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  • 1 Aircraft pilot in the case of flights not covered by § 4.5 , may vary, and a member of the board staff may be able to deviate from the working and rest times to carry out work if this is necessary in relation to the immediate safety of the persons on board and on the aircraft. This derogation shall be kept in note and shall be notified to our Minister for Infrastructure and the Environment.

  • 2 As soon as the situation referred to in the first paragraph is over, the employer shall ensure that the worker who carried out employment is given adequate rest period to compensate for the period of rest.

Chapter 5. Inland navigation

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§ 5.1. General provisions

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Article 5.1:1

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For the purposes of this Chapter:


Equalization with rest time

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Article 5.1:2

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  • 1 For the purposes of this Chapter, the period of limitation of the work of the crew member to the presence of the ship, without carrying out his duties, shall apply also as a rest period.

  • 2 By way of derogation from paragraph 1, the periods during which the crew member cannot freely dispose of his time and shall be ready for immediate work, and the time of day of the proceedings, shall not be considered to be rest. start and the duration of these periods is not known in advance.


§ 5.2. Applicability of the Act

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Partial exclusion from the applicability of the Act

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Article 5.2:1

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Article 4: 3 and Chapter 5 of the Act and the provisions rested on those provisions do not apply to employment, carried out on ships as referred to in Article 12, second paragraph, points (b) and (c) of the Inland waterway decision .


Extension of the applicability of the Act

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Article 5.2:2

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Section 5.1 and-to the extent specified as offences or offences-the paragraphs 5.2 to 5.5 and the relevant provisions of the Act apply mutatis mutandis to crew members who are not an employer or employee within the meaning of the Act.


§ 5.3. Applicability of this Chapter

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Applicability for ships on inland waterways

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Article 5.3:1

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  • 1 Exclusion from what is in the Working Time Decision shall be determined, this chapter shall apply to work carried out by a crew member on board the ships on which the crew member Inland waterway is applicable.

  • 2 By way of derogation from the first paragraph, and excluding any of the Working Time Decision is determined, is Section 6.6 of corresponding application to work carried out by crew members on board the ships referred to in that paragraph during the time of service of this ship in port-to-port service as specified in Article 6.1:1, part b .


§ 5.4. Registration

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Fairtime book

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Article 5.4:1. Rest period registration

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  • 2 The first paragraph shall not apply on board ferries and ferry services.


Time-to-register retention

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Article 5.4:2

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The acting skipper and the employer shall keep records and records relating to the registration of working time of a crew member at least 52 weeks from the date on which the relevant data and documents relate to the working time of a crew member. Have a


§ 5.5. Working hours and rest periods

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Applicability of the paragraph

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Article 5.5:1

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Instead of Section 5.2 of the law, this paragraph is applied.


Calculation of rest periods in the event of partial non-applicability of this Chapter during interruption of the operation

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Article 5.5:2

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For the application of Articles 5.5:3 to 5.5:5 take into account the rest and sailing times, completed for a period of 48 hours immediately prior to the time of entry of the vessel into the inland waterway.


Day trip

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Article 5.5:3. Operating mode A1

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  • 1 The employer and the executive skipper shall organise the work in such a way that a crew member who carries out work by operating mode A1 has an uninterrupted rest period of at least 8 hours in a continuous 24-hour time-space. from the end of each continuous rest period of at least 8 hours.

  • 2 The rest period referred to in paragraph 1 shall be situated outside the course of the course of operation.


Semi-continuous operation

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Article 5.5:4. Operating Mode A2

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  • 1 The employer and the executive skipper shall organise the work in such a manner that a crew member who carries out work by operating mode A2 shall have a rest period of at least 8 hours, of which at least 6 hours are continuous in a contiguous time space of 24 hours from the end of each continuous rest period of at least 6 hours.

  • 2 The uninterrupted rest period referred to in paragraph 1 shall be situated outside the course of the course of operation.


Continuous operation

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Article 5.5:5. Operating Mode B

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The employer and the pilot-in-office shall organise the work in such a manner that a crew member who carries out work in operation B has a rest period of not less than 24 hours, of which at least 6 hours are continuous, in a contiguous the time space of 48 hours, starting from the start of a rest period of at least 6 hours.


Maximum weekly working hours

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Article 5.5:6

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  • 1 By way of derogation from Article 5.2:2 this Article shall apply only to crew members who are an employee.

  • 2 A crew member carries on an average of 48 hours per week in each period of 13 consecutive weeks.

  • 3 The second paragraph may be derogated from by collective agreement, subject to the provisions of the fourth paragraph. Any derogation from the second paragraph shall be null and void in any way other than the preceding sentence.

  • 4 The employer and the executive skipper shall organise the work in such a way that a crew member carries out employment for a maximum of 48 hours per week in each period of 52 consecutive weeks.


Juvenile crew members

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Article 5.5:7

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  • 1 The employer and the executive skipper shall organise the labour in such a manner that the young crew member:

    • a. In the case of operating modes A1 and A2, during each 24-hour period, a rest period, including the break referred to in the fourth paragraph, is at least 16 hours, of which at least 12 hours of continuous;

    • b. In the case of operating procedures B, during each 24-hour period, a rest period, including the break referred to in paragraph 4, shall be at least 16 hours, at least two hours of which at least 6 hours of continuous operation.

  • 2 The employer and the executive skipper shall organise the labour in such a manner that the young crew member:

    • a. has a weekly rest period of at least 2 days, including Sunday;

    • b. has a weekly continuous rest period of at least 36 hours, including Sunday;

    • c. If, in the case of a journey of more than 5 days, it has an uninterrupted rest period of at least 16 days in each 10-week period.

  • 3 The employer and the executive skipper shall organise the work so that the young crew member between 10 p.m. and 0600 hours, or between 23.00 and 07.00 hours, only works if this is necessary in the course of training.

  • 4 The employer and the authority shall organise the work so that the young crew member has a break of at least 30 minutes where the daily working time is longer than four and a half hours.

Chapter 6. Sea-going

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§ 6.1. General provisions

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Notions of seagoing vessel, port and pleasure craft

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Article 6.1:1

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For the purpose of this chapter and the provisions based thereon, the following definitions shall apply:


Notions of ship manager, ship master and seafarer

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Article 6.1:2

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For the purpose of this chapter and the provisions based thereon, the following definitions shall apply:

  • Juvenile seafarer: seafarer aged 16 or 17;

  • Captain: seafarer who has authority over a seagoing vessel;

  • vessel manager: ship manager as intended for use in the Seafarers Law ;

  • seafarer: seafarer as intended for use in the Seafarers Law On the understanding that persons other than those who are excluded from that Act pursuant to Article 1 (2) shall not be regarded as a seafarer.


Term of rest period

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Article 6.1:3

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For the purposes of this Chapter and the provisions based thereon, rest period a period of at least one hour in which no work is performed.


§ 6.2. Scope of the Act

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Partial exclusion from the applicability of the Act

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Article 6.2:1

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  • 1 The Sections 4.1 and 4.4 and Chapter 5 of the Act and the following provisions are not applicable to employment, carried out by a seafarer of 18 years of age or older, on board:

    • (a) lifeboats during the time of the rescue operation;

    • Recreational craft which are used exclusively as such in so far as they do not carry passengers against compensation.


Extension of the applicability of the Act

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Article 6.2:2

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Section 5.1 of the Act and-as far as they are concerned as infringements-the Section 5.2 to 5.5. of the Act and the provisions based thereon shall apply mutatis mutandis to the master who, without having to be an employed person, carries out work on board sea-going vessels without having been employed within the meaning of the Act.


§ 6.3. Applicability of the Chapter

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Applicability to work on board ships

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Article 6.3:1

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  • 2 By way of derogation from paragraph 1, this chapter shall not apply to diving operations on the continental shelf, intended for the purpose of Article 1 (c) of the Mining Act .


Exclusion of the applicability of the Chapter

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Article 6.3:2

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This chapter does not apply to work carried out on board installations, set up on or above the bottom of the sea.


§ 6.4. General obligations

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Work schedule

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Article 6.4:1

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  • 1 The master shall ensure that on board a seagoing vessel a working schedule is available on a place accessible to all seafarers, in which the work time pattern of the seafarers is established and in which the statutory working hours and hours of work have been established. rest periods.

  • 2 By arrangement of Our Minister of Infrastructure and Environment, a model for a work schedule shall be established. Such arrangements may lay down rules on the implementation of the work schedule.

  • 3 The working schedule shall contain at least the data included in the model referred to in the second paragraph, and shall be in the working language or in the working languages of the ship and in the English language.


Registration

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Article 6.4:2

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  • 1 The master shall ensure that the actual working hours and rest periods of each seafarer are recorded on a working list after a week. The fully completed working list shall be endorsed by the seafarer concerned and by or on behalf of the master. The master shall ensure that each seafarer receives a copy of his working list.

  • 2 The master shall ensure that the working lists are made available to the vessel manager at the latest 8 weeks after its adoption.

  • 3 The ship manager shall ensure that the working lists are kept with care.

  • 4 By arrangement of Our Minister of Infrastructure and the Environment, a template is set for a work list for the registration of working hours and rest periods. Such rules may lay down rules on the completion of the working list.

  • 5 The working list shall contain at least the information contained in the specimen provided for in paragraph 2 and shall be in the working language or in the working languages of the ship and in the English language.


Retention period

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Article 6.4:3

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The ship manager shall keep the working lists at least 3 years from the end of the period covered by the work lists.


§ 6.5. Working hours and rest periods

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Applicability of this paragraph

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Article 6.5:1

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Instead of Section 5.2 of the Act this paragraph shall be applied to work carried out on board a seagoing vessel as intended for Article 6.1:1, part a, below 1 ° , with the exception of the time in which this vessel in port-towing service is in service.


18-year-old seafarers

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Article 6.5:2

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  • 1 The master shall organise the work in such a way that the seafarers ' rest period of 18 years of age and older shall be at least 10 hours in any period of 24 consecutive hours from the beginning of the rest period.

  • 2 The rest period may be divided into no more than two periods, one period of which shall comprise an uninterrupted rest period of at least 6 hours. In this case, the period of 24 hours referred to in the first paragraph shall be calculated from the beginning of the longest rest period. The time between two periods of rest following each other shall not exceed 14 hours.

  • 3 The master shall organise the work in such a way that the seafarers ' rest period of 18 years of age and older shall be at least 77 hours in each 7-day period.


Juvenile seafarers

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Article 6.5:3

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  • 1 The master shall organise the work in such a way that the young seafarer:

    • a. A maximum of eight hours of work carried out in each 24 consecutive hour period;

    • b. has a rest period of at least 12 hours in each period of 24 consecutive hours, of which at least 9 hours are contiguate and in which the period between 00.00 and 5.00 is understood;

    • c. Work with a maximum of 40 hours per week;

    • d. Has an uninterrupted rest period of at least 36 hours in each continuous period of 7 times 24 hours;

    • e. on Sunday, in principle, no work is done.

  • 2 The master shall organise the work so that the young seafarer receives a break from at least 30 minutes if possible, if possible, if the daily working time is longer than 4,5 hours.

  • 3 By way of derogation from paragraph 1 (a) and (b), the young seafarer may:

    • a. In any period of 24 consecutive hours, for a maximum of 12 hours of work, if he is in fact waiting for those hours to wait for the waiting period;

    • b. perform work between 00.00 and 05.00 if this is necessary in connection with his training.


Pause

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Article 6.5:4

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The master shall organise the work in such a way that the seafarer's work is interspersed with a pause for a maximum of 6 hours each time.


Consignment

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Article 6.5:5

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Exercises

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Article 6.5:6

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The master shall organise the statutory exercises and appèls in such a way as to make them as less of a breach as possible at rest periods and not to cause overfatigue.


Derogations

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Article 6.5:7

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  • 1 The master may deviate and deviate from the working and rest times to perform work where this is necessary in relation to the immediate safety of the ship, the persons on board, the load or the environment, or in the case of giving assistance to other ships or persons in need.

  • 2 As soon as the emergency situation referred to in the first paragraph is over, the master shall ensure that the seafarer who has carried out employment is given adequate rest period for compensation.


§ 6.6. Working hours and rest periods for seagoing vessels in port and dock services

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Applicability of this paragraph

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Article 6.6:1

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Instead of Section 5.2 of the Act this paragraph shall be applied to work carried out on board a seagoing vessel as intended for Article 6.1:1, part a, below 1 ° , during the time in which this seagoing ship service in port and port service, as well as, in addition to Article 6.3:1, First paragraph , on work, carried on board a tug as intended in Article 1 of the Inland Sea Decree , during the time during which this port tug in port towed service is on duty.


Weekly uninterrupted rest period seafarers aged 18 years or over

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Article 6.6:2

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  • 1 The seafarer aged 18 or over shall have a continuous rest period of at least 36 hours in each continuous period of 7 times 24 hours, or at least 72 hours in each continuous period of 10 times 24 hours.

  • 2. may be waived only by collective agreement of the first paragraph. Any derogation provided for in the preceding sentence of that paragraph shall be derogated from the first paragraph of this paragraph.

  • 3 The periods referred to in paragraph 1 shall commence at the first time of the day on which the seafarer is engaged in work.


Daily rest periods of seafarers 18 years of age or over

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Article 6.6:3

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  • 1 The master shall organise the work in such a way that he and the other seafarers of 18 years of age or older shall have a rest period of at least 10 hours in each period of 24 consecutive hours.

  • 2 The seafarer aged 18 or over shall have an uninterrupted rest period of 8 hours in each period of 24 consecutive hours.

  • 3 A derogation from paragraph 2 may be waived only by collective agreement, in accordance with the fourth paragraph. Any derogation provided for in the preceding sentence of the preceding sentence shall be derogated from by the second paragraph.

  • 4 The master shall organise the work in such a way that the continuous rest period of 8 hours referred to in paragraph 2 is reduced to three times a week, not less than three times a week, to at least 6 hours of continuous rest.

  • 5 The master shall organise the work so that he and the other seafarers aged 18 and over shall have a total rest period of at least 77 hours in each continuous period of 7 times 24 hours.

  • 6 The 24-hour period referred to in the first, second and fifth paragraphs shall be calculated from the beginning of the longest rest period of rest. The time between two periods of rest following each other shall not exceed 14 hours.


Working time of seafarers aged 18 years or over

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Article 6.6:4

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The master shall organise the work in such a way that the seafarer aged 18 or over shall work for an average of 48 hours per week in any period of 13 consecutive weeks.


Juvenile seafarers

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Article 6.6:5

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  • 1 The master shall organise the work so as to ensure that a young seafarer:

    • a. A continuous rest period shall have a minimum of 36 hours in each continuous period of 7 times 24 hours, including Sunday;

    • b. has a rest period of at least 12 hours in each 24-hour period, of which at least 9 hours are contiguate and during which the period between 22.00 and 06.00 is understood to be between 23.00 and 07.00.

  • 2 The master shall organise the work so as to ensure that a young seafarer:

    • a. A maximum of eight hours of work carried out in each 24 consecutive hour period;

    • b. In each continuous period of 7 times 24 hours of work, not exceeding 40 hours of work.

  • 3 The master shall organise the work in such a way that the work of a young seafarer if he or she carries out more than 4,5 hours of work is alternated by a minimum of 30 minutes, if possible, by a minimum of at least one time.

  • 4 By way of derogation from paragraph 1 (b), a young seafarer may carry out work between 10 p.m. and 6 a.m. or between 11 p.m. and 07.00 hours if necessary in the course of training.


Consignment

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Article 6.6:6

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  • 1 If a seafarer of 18 years of age or older is required to perform work during consignment, he shall be given, subject to: Article 6.6:3, 1st and Fifth Member , adequate rest time or pause for compensation. This compensation shall be at least equal to the remaining rest period at the time of the call and shall be added to the next period of rest of the minimum rest period.

  • 3 The master shall organise the work in such a way that he and the other seafarers aged 18 years or over are in any period of 4 consecutive weeks:

    • a. No consignment must be imposed at least 14 times for a period of 24 consecutive hours; and

    • b. No work nor consignment must be imposed on a minimum of 2 times for a continuous 48-hour period.


Article 6.6:7

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The Articles 6.4:1, 1st Member , 6.4:2, first to third paragraphs , 6.4:3 as far as the retention period is concerned, 6.5:4 , 6.5:6 and 6.5:7 shall be applicable mutatis mutandis.


§ 6.7. Other provisions

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Obligations of the ship manager

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Article 6.7:1

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  • 1 The ship manager shall ensure that the seafarers on board the vessel do not engage in work in breach of this Chapter and the provisions based thereon.

  • 2 The ship manager shall provide the master with the resources and information necessary to fulfil the obligations imposed on him under this Chapter and the provisions which it is based on.

  • 3 The ship manager shall ensure that the text of the Act and of this Chapter and the relevant provisions and collective arrangements applicable thereto are available on board.


Waiver

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Article 6.7:2

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  • 2 The ship manager and the master shall comply with the rules attached to the exemption.

  • 3 Our Minister of Infrastructure and the Environment may lay down rules on how the application for a waiver must be made and the data to be provided by the applicant.

Chapter 6A. Sea fishing

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§ 6A.1. General provisions

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Terms

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Article 6A.1:1

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For the purpose of this chapter and the provisions based thereon, the following definitions shall apply:

  • a. fishing vessel: a sea-seagoing ship as referred to in Article 2, third paragraph, of Book 8 of the Civil Code ;

  • b. vessel manager: the natural or legal person who, from an establishment in the Netherlands of a fishing undertaking, has the day-to-day management of a fishing vessel;

  • c. Skipper: the commander of a fishing vessel;

  • ed. creation: the person who is kept on board a fishing vessel as an employed person, to perform work outside port;

  • e. Youthful creation: the 16 or 17 year of creation;

  • f. rest time: a period of at least one hour in which no work is performed.


Equalization with rest time

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Article 6A.1:2

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  • 1 For the purposes of this Chapter, the period during which, due to circumstances inherent in fishing, no work can be performed by reason of the creation of work, although according to his work schedule, he would have to work as a rest period.

  • 2 By way of derogation from paragraph 1, the periods during which the creation of the ship cannot be freely available and which are ready to commence immediately shall not be regarded as rest period, and the time of day of the proceedings shall not be regarded as having been completed. start and the duration of these periods is not known in advance.


Applicability of the Chapter

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Article 6A.1:3

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Excluding what in the Working Time Decision The provisions of this chapter and the provisions based thereon shall apply only to work carried out by skippers and shipboard vessels which are listed in the public registers referred to in Article 3 (2). Section 2 of Title 1 of Book 3 of the Civil Code .


Work schedule

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Article 6A.1:4

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  • 1 The skipper shall arrange for a work schedule to be hung on board a fishing vessel in a place accessible to all the creation, in which the pattern of work and that of the creation and the statutory labour and labour conditions are suspended. rest periods.

  • 2 By arrangement of Our Minister of Infrastructure and the Environment, a model may be established for a work schedule. Such arrangements may lay down rules on the implementation of the work schedule.


§ 6A.2. Working hours and rest periods

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Article 6A.2:1

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Instead of Section 5.2 of the Act This paragraph shall be applied to work carried out on board a fishing vessel.


Creation of 18 years of age or older

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Article 6A.2:2

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  • 1 The skipper shall organise the work so that his rest period and that of the creations of 18 years of age or older shall be at least 10 hours in any period of 24 consecutive hours from the beginning of the rest period.

  • 2 The rest period may be divided into no more than two periods, one period of which shall comprise an uninterrupted rest period of at least 6 hours. In this case, the period of 24 hours referred to in the first paragraph shall be calculated from the beginning of the longest rest period. The time between two periods of rest following each other is not more than 14 hours.

  • 3 The skipper organizes the work so that his rest period and that of the creations of 18 years of age or older is at least 77 hours in each 7-day period.


Maximum weekly working hours

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Article 6A.2:3

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The skipper shall organise the work in such a way that his average weekly working time and those of 18 years of age or over shall be 48 hours or more, calculated over a period of 52 consecutive weeks.


Young creatures

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Article 6A.2:4

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  • 1 The skipper organizes the labor so that a youthful creature:

    • a. A maximum of eight hours of work carried out in each 24 consecutive hour period;

    • b. has a rest period of at least 9 hours of rest in each period of 24 consecutive hours and during which the period is understood to be between 00.00 and 5.00;

    • c. Work with a maximum of 40 hours per week;

    • d. Has an uninterrupted rest period of at least 36 hours in each continuous time space of 7 times 24 hours;

    • e. on Sunday, in principle, no work is done.

  • 2 The skipper organizes the work so that the young creature receives a break from at least, if possible continuous, 30 minutes in case the daily working time is longer than 4.5 hours.

  • 3 By way of derogation from paragraph 1 (a) and (b), the youthful embarkation may:

    • a. In any period of 24 consecutive hours, not more than 12 hours of work, if he is in fact waiting for those hours to wait for the waiting period;

    • b. perform work between 00.00 and 5.00 hours if this is necessary in connection with his training.


Pause

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Article 6A.2:5

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The skipper shall organise the work in such a way that the work of a creature is interspercated with a break after a maximum of 6 hours each time.


Exercises

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Article 6A.2:6

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The skipper organizes the statutory exercises and appèls in such a way that they make as little breach as possible at rest times and do not cause overtiredness.


Derogations

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Article 6A.2:7

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  • 1 The skipper may deviate and may oblige a creature to deviate from the working and rest times to perform work if this is necessary in relation to the immediate safety of the fishing vessel, the persons on board, the load or the environment, or in giving assistance to other ships or persons in need.

  • 2 As soon as the emergency situation referred to in paragraph 1 is over, the skipper shall ensure that the creation of the work carried out in a period of rest is sufficient to compensate for adequate rest periods.


§ 6A.3. Other provisions

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Obligations of the ship manager

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Article 6A.3:1

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  • 1 The ship manager shall ensure that the skipper and the shipboard vessels do not engage in work in breach of this Chapter and the provisions which are based thereon.

  • 2 The ship manager shall provide the skipper with the necessary resources and information to fulfil the obligations imposed on him under this Chapter and the provisions which it is based on.


Exemption and exemption

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Article 6A.3:2

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  • 2 The ship manager and the skipper shall comply with the regulations attached to the exemption.

  • 3 Our Minister of Infrastructure and the Environment may grant exemption from Article 6A.2:3 .

Chapter 7. Pilots ' registry

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§ 7.1. General provision

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Notions of registry hangars, distance pilings and week

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Article 7.1:1

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For the purposes of this Chapter:


§ 7.2. Applicability of the Chapter

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Applicability to registry pilots

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Article 7.2:1

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Excluding what in the Working Time Decision is defined this chapter applies only to employment, performed by registry pilots.


Extension of the scope of the chapter

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Article 7.2:2

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Section 5.1 of the Act and-designated as infringements-the Section 5.2 to 5.5 of the Act and the provisions based thereon shall apply mutatis mutandis to the registered warehouse which, for the purposes of the law, does not carry out any employer or employee on board seagoing vessels.


§ 7.3. Working hours and rest periods

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Applicability of the paragraph

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Article 7.3:1

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Instead of Section 5.2 of the law, this paragraph is applied.


Article 7.3:2

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  • 1 The warehouse shall organise its work in such a way that, for a period of not more than 100 hours per week, he shall be engaged in work as registry hangars.

  • 2 If the registered warehouse carries out its work for a period of contiguous days comprising more or less than one week, the number of hours during which he may carry out the highest employment during that period shall be increased proportionally. reduced by one another.


Article 7.3:3

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  • 1 The warehouse shall organise its work so that it has an uninterrupted rest period of at least 8 hours of rest in any period of 24 consecutive hours or two rest periods of at least 5 consecutive hours.

  • 2 Where special circumstances relating to a pilot trip to this end are required, the rest period referred to in paragraph 1 may be kept proportionally over 2 days.


Article 7.3:4

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The registry hangars are allowed to operate only after 4 consecutive hours of piloting from shore only after a minimum of eight consecutive hours of rest.

Chapter 8. Infringements and related provisions

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Road traffic offences

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Article 8: 1

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  • 2 Subject to conditions Articles 2.4:4 and 2.4:13, 2nd to 4th Members , if the driver is an employee, if the non-compliance of a driver-oriented provision is the person who has not complied with that provision, the employer shall be regarded as the person who has not complied with that provision.

  • 3 The second paragraph shall not apply where the employer demonstrates that the necessary orders have been given by him, the necessary measures have been taken, the necessary resources have been provided, and the supervision to be reasonably claimed is required to ensure compliance with of the provision.


Rail traffic offences

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Article 8: 2

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The non-compliance of the Articles 3.2:1 , 3.3:1, second, third and seventh member , 3.3:2, second, fourth and fifth member , 3.3:3, second paragraph, points (a) and (b) and (4th) , and 3.3:4, 1st Member It's a violation.


Aviation offences

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Article 8.3. Aviation offences

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Failure to comply with or pursuant to the provisions of the Articles 4.4:1 , 4.4:2 , 4.5:2 , 4.5:3 , 4.5:4 , 4.5:5 , 4.5:6 , 4.8:3, third member , 4.8:4, 4th member , 4.8:5, 8th Member , 4.8:6, third member , 4.8:7 , 4.8:8, 1st and Fifth Member , 4.8:9, 4th Member , 4.8:10, 5th Member , 4.9:1, 2nd Member , 4.10:1, first paragraph, final sentence and second paragraph EC regulation, as well as of the EC Regulation Article 4.1:5 Annex III, sections 1.1090 (1) and (2), 1.1100, 1.1105, 1.1110 (1.3) and 1.4.2, 1.1115, 1.1125 and 1.1135 produces an infringement.


Penalisation of penalisation

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Article 8:3A. Infringements

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The non-compliance of the Articles 5.5:2 , 5.5:3, 1st Member , 5.5:4, 1st Member , 5.5:5 , 5.5:6, fourth member and 5.5:7 returns a violation.


Infringements of maritime traffic, port and sea fishing

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Article 8: 4

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Driving violations

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Article 8: 5

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The non-compliance of the Articles 7.3:2 , 7.3:3 and 7.3:4 returns a violation.


Enforcement of the issue of a driver card

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Article 8: 6

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The cases in which a supervisor has jurisdiction to issue a driver card shall be those referred to in Article 26, seventh paragraph, of Regulation (EU) No 248/ 165/2014.

Chapter 9. Transitional and final provisions

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Entry of

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Article 9: 1

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This Decision shall enter into force with effect from 1 April 1998.


Citation Title

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Article 9: 2

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This decision is cited as: Working Time Decision Transport.

Charges and orders, that this Decision will be placed in the Official Journal with the letter of explanatory note accompanying it.

Lech, 14 February 1998

Beatrix

The Minister of Transport and Water,

A. Jorritsma-Lebbink

The Minister for Social Affairs and Employment,

A. P. W. Melkert

Published on the 10th March 1998

The Minister of Justice,

W. Sorgdrager


ANNEX A [ ExpAND per 19-07-2008]

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ANNEX B [ Expired per 19-07-2008]

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ANNEX C [ Expired per 19-07-2008]

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ANNEX D [ ExpAND per 19-07-2008]

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ANNEX E [ ExpAND per 19-07-2008]

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ANNEX F [ Expired by 19-07-2008]

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ANNEX G. Maximum flying hours

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I. The maximum flight time depends on the time of flight time, expressed at local time, and is determined as indicated in Table G, Column I.

II. If the call for notification is for a flight time:

  • -in a spare time and

  • -the notification must take place after the first three hours of the reserve period, except as provided for in Table G, Column II, subject to paragraph 3 of this Article, the maximum flight time is fixed.

III. If the call for notification takes place in a spare time and the notification is to take place more than 8 hours after that call, under the simultaneous removal of the reserve requirement, the maximum flight time shall be determined according to table G, Column I.

IV. If the call for notification is for a flight time:

  • -before the start of a reserve time and

  • -the notification must take place within 8 hours of the end of the reserve time, the contract is deemed to have been received at the time immediately preceding the end of the reserve time; for the determination of the maximum flight time is Table G, Column II applies.

Table G

Login Time

Max. fre (no reserve)

After 3 hours of reserve

I

II

00.00-02.59 hours

10.00 h

8 hours

03.00-03.59 hours

10.30 hrs.

8 hours

04.00-04.59 hours

11.00 hours

10 hours

05.00-05.59 hours

10.30 hrs.

11 hours

06.00-12.59 hrs.

12 noon

12 hours

13.00-14.59 hours

11.30 a.m.

11 hours

15.00-16.59 hours

11.00 hours

10 hours

17.00-18.59 hours

10.30 hrs.

9 hours

19.00-23.59 hours

10.00 h

8 hours

Maximum flying hours over a longer period

V. On the first day, that a flight time is more than 6 hours, or a maintenance period or a combination of flight time and the maintenance period of more than 7 hours, a period of up to 15 days shall start, where the total number of hours is to be taken. hours of flight time and total hours of flight time plus spare time no day the value in table H, column "maximum flight time" or 'flight time plus spare time', which is part of that day, exceeds.

VI. The period referred to in point V shall end on that day, calculated from the beginning of that period, the total of the flight time and the total of the flight time plus the maintenance period is equal to or less than the normal values indicated on that day.

Table H

After (inside)

Max. vlw time

Norm. vlwtime

Max. pw + spare time

Norm. vlwtime + spare time

1

12 1

6

24

7

2

24

12

34

14

3

36

18

39

21

4

44

24

52

28

5

50

30

55

35

6

60

36

66

42

7

65

42

72

49

8

70

48

78

56

9

75

54

84

63

10

80

60

90

70

11

85

66

96

77

12

90

72

105

84

13

90

78

105

91

14

90

84

105

98

15

90

90

105

105

VII. Aggravating circumstances

1. In the case of a flight work time, the following conditions shall be considered to be aggravating to the work of the flight crew:

  • -the "single pilot" operation;

  • -the "sling" operating systems;

  • -the "hoist" operations.

2. If the below 1. The following corrections shall be made to the following conditions:

  • a. If the duration of a single-pilot operation is more than 1 hour, half of the single pilot flight time will be deducted from the one. Article 4.8:5, 1st paragraph , allowed limit; this reduction will be up to 2 hours.

  • b. In the case of a sling operation, the maximum flight time shall be reduced twice the duration of the operation.

  • c. In the case of a hoist operation, each so-called hoist cycle shall be counted as one landing.

(3) If the uncorrected flight time is less than 5 hours, the corrections prescribed in this Article may be omitted.

VIII. Adjustment for ground time without work

1. Of a land time of more than two and a half hours, for the calculation of the adjusted flight time to be checked, the maximum applicable limit according to Table A shall not be taken into account for a maximum of two and a half hours; provided that the flight crew member has not worked for his/her company during these hours and has at least two and a half hours to be considered as flying time.

2. All in under 1. The hours specified shall be taken into account as flight time.

3. The under 1. The calculation shall be carried out by flight time only at one ground time.


Annex H

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Number of landings by day

Reduction

Gecorr. max. flight time

0-25

0

09.00 00 h

26-30

15 min

08.45 hrs.

31-35

30 min

08.30 h

36-40

45 min

08.15 h

41-45

01.00 h

08.00 h

46-50

01.30 h

07.30 hrs.

51-55

02.00 h

07.00 hrs.

56-60

02.30 h

06.30 hrs.

over 60

03.00 h

06.00 hrs.


Annex I

Compare Versions Save Relationships (...) (External Link) Permanent Link Number of landings

Night

Day

25

10

24

12

23

14

22

16

21

18

20

20

19

22

18

24

17

26

16

28

15

30

14

32

13

34

12

36

11

38

10

40

9

42

8

44

7

46

6

48

0-5

unlimited

Due to an odd number of landings in daylight, a similar number of landings are taken from the naasthogere.


Annex J Maximum flight time after short rest

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Flight time before short rest

Login time after bebrief rest (LT) from-to

Length of bebrief rest

8.00

8.30

9.00

9.30

10.00

10.30

11.00

11.30

12.00

00.00-

06.29

1 = 0600-1259

8.15

9.30

11.00

12.00

12.00

12.00

12.00

12.00

11 = 1300-1659

7.00

8.15

9.30

11.00

11.00

11.00

11.00

11.00

0400-0559

111 = 1700-0259

6.00

7.00

8.15

9.30

10.00

10.00

10.00

10.00

06.30-

07.29

7.00

8.15

9.30

11.00

12.00

12.00

12.00

12.00

11

6.00

7.00

8.15

9.30

11.00

11.00

11.00

11.00

111

5.00

6.00

7.00

8.15

9.30

10.00

10.00

10.00

07.30-8.29

1

6.00

7.00

8.15

9.30

11.00

12.00

12.00

12.00

11

5.00

6.00

7.00

8.15

9.30

11.00

11.00

11.00

111

4.00

5.00

6.00

7.00

8.15

9.30

10.00

10.00

08.30-

09.29

1

5.00

6.00

7.00

8.15

9.30

11.00

12.00

12.00

11

4.00

5.00

6.00

7.00

8.15

9.30

11.00

11.00

111

3.00

4.00

5.00

6.00

7.00

8.15

9.30

10.00

09.30-

10.29

1

4.00

5.00

6.00

7.00

8.15

9.30

11.00

12.00

11

3.00

4.00

5.00

6.00

7.00

8.15

9.30

11.00

111

2.00

3.00

4.00

5.00

6.00

7.00

8.15

9.30

10.30-

11.29

1

3.00

4.00

5.00

6.00

7.00

8.15

9.30

11.00

11

2.00

3.00

4.00

5.00

6.00

7.00

8.15

9.30

111

1.00

2.00

3.00

4.00

5.00

6.00

7.00

8.15

more than

1

2.00

3.00

4.00

5.00

6.00

7.00

8.15

9.30

11.29

11

1.00

2.00

3.00

4.00

5.00

6.00

7.00

8.15

111

0.00

1.00

2.00

3.00

4.00

5.00

6.00

7.00