Law (2008:475) On Driving And Rest Time In International Rail Traffic

Original Language Title: Lag (2008:475) om kör- och vilotid vid internationell järnvägstrafik

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2008:475

The law's content and scope



section 1 of this Act contains provisions on daily rest, weekly rest periods,

break, run time, and the roster of workers included

the train crew assigned to interoperable cross-border services.



The law applies only if the working time is placed so that the

the employee shall serve on the services referred to in the first

subparagraph during more than an hour of the working day.



Except as provided in this law applies

the working hours Act (1982:673).



Definitions



2 for the purposes of this Act, section



interoperable cross-border services: cross-border

traffic for which a railway undertaking must have a

a safety certificate or a special permit pursuant to Chapter 3.

Railway Act (2004:519) and a safety certificate according to

the law of another country in the European economic

area (EEA), but not traffic in connection with

maintenance of railway infrastructure,



train crews: any worker on board with duties of

safety significance,



drivers: any worker whose job it is to drive

a railway vehicle,



rail vehicles: locomotives and other rolling stock that can

running on a railway track.



Except for certain border traffic



section 3 of the Act does not apply to local and regional passenger transport over

the border between Sweden and another country. The law does not apply

either freight transport which does not exceed the limit between

Sweden and another country with more than 15 kilometers.



Derogations by collective agreements



4 § Through collective agreements which have been concluded or approved by a

the central workers ' organization, it must be determined



1. a shorter daily rest in the cases referred to in section 8, other

subparagraph,



2. that a larger proportion of the working days will be required for 12

and 13 sections must be applied than that specified in the rules;

as well as the



3. other than as referred to in paragraph 19.



Through collective agreements which have been concluded or approved by a

Central or local workers ' associations shall, notwithstanding

stated in paragraph 9, determined that two daily rest periods

outside the home should be followed by a daily rest at home.



An employer bound by a collective agreement referred to in

first or second subparagraph may apply the agreement even on

workers who are not members of the Contracting

workers ' organization but who are employed in the work as

referred to in the agreement.



paragraph 5 of the derogations pursuant to section 4 may only be made under the condition

that they do not result in less favourable conditions should

apply for workers than that resulting from Council directive

2005/47/EC of 18 July 2005 on the agreement between the European

Community railways (CER) and the European

transport workers ' Federation (ETF) on certain aspects of

the working conditions of mobile workers engaged in

interoperable cross-border services in the

the railway sector.



A contract is invalid in so far as it means that less

favourable conditions for workers than that

under the directive.



Daily rest



6 § subject to 7-9 sections, each worker must be provided with

the right to a minimum of 12 consecutive hours in the home

during each period of 24 hours (daily rest at home).



section 7 Of the daily rest period cannot be taken in the home, each

workers have the right to at least eight consecutive hours

leave during any period of 24 hours (daily rest periods outside

the dwelling).



section 8 of the daily rest period in the dwelling may be reduced to not less than nine hours in

as a result once in every period of seven days during

provided that the amount of time that represents the difference between the

reduced daily rest and 12 hours is added to the next daily rest

in the home.



A daily rest at home between two daily rest periods outside

the apartment, however, must not be less than 10 consecutive hours.



§ 9 A daily rest away from home should be followed by a daily rest period in

the dwelling.



The Government may announce further provisions on daily rest

outside the home.



section 10 On daily rest away from home, a comfortable accommodation

pursued.



Weekly rest



section 11 of every worker to have at least 24 consecutive hours

leave during each period of seven days (weekly rest) in addition to the

daily rest period that the worker shall be in accordance with section 6.



section 12 of each worker, who, during a reference period of a

year meets the requirements in paragraph 1, second subparagraph, a majority proportion of

working days, shall be at least 104 weekly rest periods each

year. These shall include 24 double periods with weekly rest of which

at least twelve must include Saturday and Sunday.



section 13 a worker whose employment is terminated before the

years and that a majority of the working days meets the requirements

in paragraph 1, second subparagraph, shall be entitled to the number of periods

weekly rest periods according to § 12 corresponding to the fraction of the year

the period of employment.



Raster



section 14 of The drivers shall have the break of at least 30 minutes if the working time

is between six and eight hours. If the driver's working time exceeds

eight hours, the break shall be at least 45 minutes. Any part

by the break, so far as circumstances permit laid out

between the third and sixth working hour.



section 15 Other workers should have a break of at least 30 minutes of

working time exceeds six hours.



section 16 of Their number, length and organisation of working time shall be

satisfactory with regard to the working conditions in order to

the worker should be able to recover.



section 17 If delays occur, the breaks be adapted during the

the working day.



Driving time



section 18 of the Running time of a driver between two daily rest periods

shall be limited to a maximum of nine hours or eight hours at

night work. Driving time over a two week period shall be limited to

a maximum of 80 hours.



19 § With driving time in section 18 provided the scheduled time during which

the driver is responsible for the performance of a rail vehicle. In

running time excludes the time taken for the supervision of

railway vehicle before and after running. In the run time includes

scheduled interruptions when the driver still has responsibility for

the railway vehicle.



With night work is any work period of at least three hours during the

the period that starts at 10 am. 23:00 and ends at 23. 06.00.



Duty roster



section 20 of an employer shall maintain a roster showing

workers ' actual working hours, daily rest, weekly rest and

breaks and the scheduled run time, as defined in section 19.

The duty roster shall be kept by the employer for at least one

years after the time period that the work covers. The employer must

at the request of an employee, leave them a copy of the part

of the duty roster for the worker. Even

unions representing workers at

the site has the right to request such a copy.



Supervision



section 21 of the Government determines the authority exercising supervision

According to this law.



section 22 of The authority exercising supervision has the right to a

the employer, on request, the information and documents

needed for the oversight.



section 23 of The authority exercising supervision has the right to have access

to establishments in order to be able to exercise supervision.



section 24 of the law enforcement agency shall provide the necessary assistance to

the regulatory authority should be able to get both information and

documents under section 22 and, on the other hand, access to work sites

According to section 23. Request for such assistance, however, may only be made

If



1. the particular circumstances give reason to suspect

This operation cannot be performed without a police man's special

powers under section 10 of the law on police (1984:387)

used, or



2. There are serious reasons.

Law (2014:744).



section 25 of the regulatory authority may inform the injunctive relief or

ban needed to this Act and the regulations that have

issued by virtue of the law shall be followed.



A decision on the injunction or prohibition may be subject to a penalty.

Such an injunction or prohibition may be directed also against

the State as an employer. Team (2013:614).



Penalty provisions, etc.



section 26 to a fine or imprisonment not exceeding one year are judged on

employers who willfully or negligently violates

an injunction or prohibition issued pursuant

section 25. However, this does not apply if the injunction or prohibition

have come together with a penalty.



section 27 to fine convicted the employers who willfully or

of negligence



1. place the work so that the grid cannot be under 14 and

15 sections, unless section 17 applicable, or



2. provide incorrect information of importance, when

the supervisory authority has requested information or documents

According to section 22.



An act covered by an injunction or prohibition

According to section 25 shall not result in criminal liability under the first

paragraph. Team (2013:614).



27 a of If an employer has committed the 6, 7, 8, 9, 11, 12,

13 or section 18 or rules made by virtue of section 9

second paragraph, without having the support of the collective agreement under paragraph 4,

will a penalty be imposed. The fee to be charged even if the

infringement not occurred intentionally or negligently.



The fee is for each hour the unauthorized work time and for

each worker who has been involved in the battle against 6, 7, 8, 9,

11, 12, 13 or section 18 or regulations issued by

under section 9 of the second paragraph of 1% of the price base amount

According to Chapter 2. 6 and 7 of the social code in force

at the time the infringement took place.



The fee to the State. Team (2013:614).



27 (b) § Any penalty shall not be imposed for an offence

covered by an injunction or prohibition under section 25.

Team (2013:614).



27 c § fine to be levied by the physical or


legal person who ran the operations where the infringement

took place.



The fee may be reduced in whole or in part if the infringement is

call or excusable, or if it otherwise with regard to

the circumstances would be unfair to charge the fee.

Team (2013:614).



27 d section Supervisor hears through the charging order

questions about fines.



Charging procedure means that it deemed to be responsible

under section 27 c for an infringement before accepting

the charge immediately or within a specified time.



Once the order has been approved, the Court

final decision on the fee to be charged. A

approval is made after the time specified in the

the injunction has expired, however, is without effect. If

charging order has not been accepted within the allotted time, may

supervisory authority shall apply to the administrative law within the

jurisdiction the fee order has been issued, if the fee

should be taken out.



Leave to appeal is required for an appeal to the Administrative Court of

Team (2013:614).



27 e § A penalty may be imposed only if the application has

communicated to the defined order directed to within five years

from the time when the infringement took place.



A decision to levy to be charged shall forthwith be sent to the

the County Administrative Board. Fee must be paid within two months from the

that decision became final. An indication of this should be taken

into the decision.



If the fee is not paid within the time limit referred to in the second

subparagraph, the late payment fee pursuant to lagen (1997:484)

If late-payment fee. The unpaid fee and

late payment fee must be submitted for collection in accordance with the law

(1993:891) for the recovery of State assets, etc.



An agreed fee lapses of execution has not been

within five years from the day the decision became final.

Team (2013:614).



section 28 an employer applying such provisions in a

collective agreements contrary to paragraph 5 shall pay damages for

the loss incurred and for the violations that have occurred.



If it is appropriate, the compensation may be reduced in whole or

partially.



section 29 For an employer who fails to fulfil his obligations

According to the collective agreement referred to in paragraph 4, applies the specified if

sanction of the agreement or the Act (1976:580) if participation in

working life.



Appeal, etc.



section 30 of the regulator's decision on injunctions and prohibitions

under section 25 may be appealed to the administrative court.



Leave to appeal is required for an appeal to the administrative court.



section 31 of the regulatory authority may order that its decision should be valid

immediately.



32 § Government or authority the Government determines

may provide for fees for supervision under this

law and according to the instructions given with the support of

the law. Law (2010:1576).



Transitional provisions



2008:475



This law shall enter into force on 14 december 2008. Older

rules still apply for related conditions

to the period before the entry into force.



2013:614



1. this law shall enter into force on 1 July 2014.



2. Older regulations still apply to infringements

that have occurred prior to the entry into force.