Regulations on working time for drivers and others within the road transport.

Date of-2005-06-10-543 Ministry Ministry of transportation Published in 2005 booklet 8 entry into force 01.07.2005 last edited FOR-2006-05-22-552 Changes apply to Norway Pursuant law-1965-06-18-4-section 21, LAW-2005-06-17-62-section 10-12 Announced 14.06.2005 short title regulations on working time in road transport Chapter overview: Introductory provisions (sections 1-5) provisions on working time, rest breaks, night work and more (§ § 6-19) supervision and punishment, etc. (§ § 20-21)
Entry into force (section 22) established by the Ministry of transportation 10. June 2005 with the legal authority of the road traffic law 18. June 1965 Nr. 4 § second paragraph 21 and allowed 17. June 2005 Nr. 62 for a work environment, working time and employment etc. (the Working Environment Act) § 10-12 sixth paragraph. CF. EEA Agreement annex XIII Nr. 24 d (Directive 2002/15/EC). Amended by regulation, May 22, 2006 no. 553 (including legal authority).

Initial provisions § 1. Purpose Forskriftens purpose is: 1. to ensure that workers performing mobile work within road transport is not exposed to adverse physical or mental strain, 2. to improve traffic safety, 3. to equalize the competition terms and conditions.

§ 2. Scope the regulation applies to businesses that employ workers who participate in transport activities covered by the run-and-hviletidsforskriften1 or the AETR regulations. 2 drivers who do not fall under the definition of self-employed drivers in section 5 No. 6, to have the same duties and rights as workers.

§ 3. Contributory duty senders, shippers, suppliers, clients and other links in the transport chain to be complicit in that the provisions of the regulations be followed.
Worker to be complicit in that the provisions of the regulations be followed.

§ 4. The relationship to the run-and rest-time policies this regulation complements the provisions of the driving and rest time the regulation and AETR-regulation. By contradiction goes the provisions of driving and rest time the regulation and AETR-regulation in front of the provisions of this regulation, as long as this does not reduce the protection of the employee.

§ 5. Definitions in this regulation means 1.

working time: the time the employee is at work and is at the disposal of the employer, i.e.: a. The time required to transport work on the road. Such work include driving, loading and unloading, assistance to the passengers in connection with on-and disembarking from the vehicle, cleaning, technical maintenance and all other work which has for purposes to ensure the vehicle, cargo or passengers, or to carry out the law or regulatory duties that have the direct relationship with the transport takes place, including the supervision of loading and unloading, administrative formalities with police, customs and immigration authorities , etc.

b. Periods where the employee cannot outline their time freely and must be in the workplace, ready to perform the common work, and it is carried out specific work tasks that are related to the service. This is the case. waiting period in connection with the loading and unloading when it is not known in advance how long this can be expected to last.

Working time shall not include rest breaks as is mentioned in section 15 and the periods the employee is available as mentioned in number 2.

2. periods of time the employee is available: a. other periods than breaks and rest time where it is not required that the employee stay in the workplace, but can be requested to undertake execution, continue with driving or undertake other work. This is the case. travel time by ferry or train when the vehicle is on board the ferry or train, waiting time at borders and the waiting time as a result of the traffic ban. These periods should be known to the employee in advance, and the employee should be familiar with how long they can be expected to last.

b. Time of stay by the side of the driver or in the berth while the vehicle is in motion when there are more workers in the same vehicle.

3. total working time: working time including overtime.

4. workplace: all sites that are carried out work that is connected with the transport.

5. employee: all workers, including interns and apprentices, which is a part of the travelers staff as are employed in the business that drives the person or goods transport on the road for their own or someone else's expense.

6. self-employed: All that meets the following requirements: a. has the right to work for themselves without having to be tied to an employer through a contract of employment or other forms of child labor conditions, b. free has the opportunity to organize the business, c. have an income that is directly dependent on the profits of the work and d. are free to have trading relationships with more customers , possibly through cooperation with other self-employed drivers.

7. week: the time between Monday at 00:00 and Sunday at 24:00.

8. night work: work that is exercised in the time between 21:00 and 06:00.

Provisions on working time, rest breaks, night work, etc.

section 6. The registration of working hours, the employer shall ensure that the working time of employees is being recorded. The registered information to be kept for two years after the end of the current work period. For this the registry comes to personopplysningsloven1 accordingly.

section 7. The work plan If the employees work at different times of the day, it should be worked out a work plan that shows the weeks, days and times the individual employee will be working. The work plan should be worked out in collaboration with their elected officials. If not otherwise stated in the collective agreement, should the work schedule is discussed with the officials as early as possible and no later than two weeks prior to implementation. The work plan should be readily available to the employees.

section 8. Ordinary working time General working time must not exceed nine hours during 24 hours and 40 hours over seven days.
Ordinary working time must not exceed nine hours during 24 hours and 38 hours over the course of seven days for: 1. around the clock shift work and sammenliknbart shifts work, 2. work on two breaks that regularly run on Sun and weekend days, and shifts who regularly sammenliknbart work is run on Sun and weekend days, 3. work which means that the employee must work at least every third Sunday ,

4.
work which is mainly operated at night.

§ 9. The right to reduced working time worker who for health, social or other weighty welfare reasons need to get reduced their working time, has the right to this if working-time reduction can be completed without significant inconvenience to the business. When the agreed period of reduced working time is over, the worker the right to go back to the previous working time. Under otherwise equal conditions have employee with reduced working time preferences to increase their working time when the position becomes vacant in the business, provided that the position completely or substantially is attributed to the same work tasks.
On the dispute about the right to reduced working time applies to the provisions of the Working Environment Act § 10-13.

§ 10. Access to the average calculation of ordinary working time by written agreement the General working time can be arranged so that it is in the course of a period of at most one year are average as long as prescribed in section 8, but not exceeding 48 hours over seven days and not over nine hours during 24 hours.
By business that is bound by the collective agreement, the employer and the officials written agreement that the General working hours should be arranged so that it is in the course of a period of at most one year are average as long as prescribed in section 8, but not over 54 hours over seven days and not over 10 hours over the course of 24 hours.
On the same terms as in the second paragraph, the working time can be arranged so that it is in the course of a period of at most 16 weeks is the average as long as prescribed in section 8, but not over 60 hours over seven days and not over 10 hours over the course of 24 hours.
Ordinary working hours for workers who work more than three hours a night, on average, should not exceed eight hours over the course of 24 hours.
The average calculation period for night work is 4 weeks.
Work longer time than that which follows from section 8 must not be used for more than six weeks in context.

section 11. Overtime work and overhead Work beyond the ordinary working time pursuant to section 8, cf. § 10, is considered as overtime work.
For the worker who has reduced working time or who are part-time, is considered to be working time that goes beyond the agreed, but within the General working time, that extra work.
Overtime work and additional work is permitted if there is a particular and time restricted need for increased work effort.
Before the overtime work and additional work be undertaken to the employer if possible, discuss the necessity of it with the employees or their representative.
Imposed over time must not exceed 200 hours in the calendar year.
The employer is obliged to exempt the employee from performing overtime work and additional work when this for health or weighty social reasons. The employer duties also otherwise to exempt worker who asks for it, when the work without damage can be delayed or performed by others.
Employer and employee may stop written agreement about the overtime work of up to 400 hours in the calendar year.
For overtime work beyond normal working hours under section 8, it shall be paid in addition to the salary the employee has for similar work in the General working time. The add-in should be at least 40 percent.

§ 12. Total daily working time Overall daily working time must not exceed 13 hours in the course of 24 hours.
If it is carried out night work, the daily working time together not exceed 10 hours in the course of 24 hours.


section 13. The total weekly working time the working time the overall weekly average must not exceed 48 hours.
The maximum can the total weekly working hours amount to 60 hours, if it within a period of 16 weeks on average do not account for more than 48 hours.
When the employee exclusively performs-person shuttle outside the route, a weekly rest period be taken after 12 consecutive working days. The total weekly working time will be during a period of 16 weeks, on average, could not amount to more than 48 hours.

section 14. Daily and weekly free time Employee to have at least 11 hours continuous døgnhvil over the course of 24 hours. Resting time can be reduced in accordance with the provisions of the driving and rest time regulations or the AETR-regulation.
The employee should have a coherent ukehvil of at least 36 hours during the seven days, and so it always included a whole 24 in free period. Spare time should as far as possible be added to a Sun-or weekend morning. An employee who has made the Sun-or weekend day's work, shall have the following Sun and weekend day 24 free.
By business that is bound by the collective agreement, the employer and the employee representatives agreement that this spare time average will be 36 hours, but never less than 24 hours in a single week. The assumption is that workers be given compensatory rest, or other appropriate protection if this is not possible.
By business that is bound by the collective agreement, the employer and the employee representatives for a period of up to 26 weeks deal a working time arrangement that gives employees free average every other Sun and weekend day 24, yet so that the weekly fridøgn at least every third week falls on a Sun-or weekend morning.

section 15. Rest breaks Rest breaks shall be held when needed, or after a maximum of six hours of working time. The rest should last for at least 30 minutes if the overall working time make up between six and nine hours, and at least 45 minutes if the total work time is over nine hours. Rest breaks can be divided into periods of at least 15 minutes each.
When the employee is being imposed on the overtime work of more than two hours duration after the General working time is discontinued, should the employee first be given a break of at least half an hour. When conditions make it necessary, can this break decreasing or offset. Breaks that are added after the ordinary working time end, will be made as overtime work, but are not counted in the number of hours it is allowed to work overtime under section 11. Offset the break before the ordinary working time end, is considered as part of the General working time.
Interns and apprentices covered by the same provisions on rest time as other workers are entitled to after driving and rest time regulations or the AETR-regulation.

section 16. Health control of night workers worker who mainly perform work at night should receive the offer of free health check before accession and then at regular intervals.

§ 17. Remuneration for night work remuneration for night work must not be of such a nature that traffic safety is put at risk.

§ 18. Work for multiple employers By the addition of several employers who are covered by this regulation, the total working hours of these summarized.
The employer shall in writing ask the employee about an overview of the hours he or she has worked for another employer who is covered by this regulation. The employee is obliged to provide the information in writing.

§ 19. The exception By business that is bound by the collective agreement, the employer can and the elected officials stop written agreement to make exceptions from the provisions of section 12 first and second paragraph and section 13 the second paragraph if there is objective or technical conditions or conditions that are related to the Organization of work. Total daily working time must not exceed 16 hours. The period for the average calculation in section 13 the second paragraph should not exceed 26 weeks.
The provisions of the regulations can be waived for work which, because of the nature of the events, events of the accident or other unforeseen events must be made to avert the danger of or damage to life or property.
The exception after the first and second paragraph requires that workers be ensured equivalent compensatory rest periods, or where this is not possible, ensure an appropriate protection of the affected workers.

Supervision and punishment, etc.

section 20. Supervision the Labour Inspectorate, the police and the regional road Office is the supervisory authorities in accordance with the respective laws of authority.

§ 21. Penalty infringement of this regulation or decision struck in pursuance of it can be punished after road traffic law section 31 and the Working Environment Act Cap. 19. Entry into force § 22. Entry into force this Regulation shall enter into force 1. July 2005.