¹ This ordinance regulates the duration of work, driving and rest of professional drivers of motor vehicles; it also regulates the controls to which they are subjected and the obligations of employers.

² The provisions of the Labour Act of 13 March 1964 are reserved. ¹ , in particular those relating to compensation for night work. ²

For the purposes of this order:

A.

Driver, Any person who, even for a short period, drives one of the vehicles referred to in s. 3, para. 1;

B.

Independent, Any person who is not in the service of an employer or is subject to a reporting relationship and who is alone in determining the use of the vehicle (business owner); in case of doubt (p. Ex. For drivers under a charter contract), it will be based on actual work reports and not on the function identified in a potential contract; are also deemed to be self-employed, the spouse of the business owner, his or her Ascendants or descendants and their spouses, as well as the children of their spouse;

C.

Employee, Any person who is not an independent driver, in particular the person who drives a vehicle while at the service of an employer or subject to reporting relationships;

D.

Employer, Any person who, as a business owner or superior, is entitled to give instructions to the driver;

E. ¹

Workstation:

1.

The place of establishment of the undertaking for which the employee works,

2.

The vehicle used by the employee in his or her professional activity,

3.

Any other place where transportation-related activities are carried out;

F. ²

Working time, Periods during which the employee is at his or her work station, is available to the employer and performs his or her duties or activities; breaks of less than fifteen minutes are also included in the working time;

G. ³

Availability time, Periods during which the employee is not required to remain at his or her work station but must be available to respond to possible calls for the employee to undertake or resume driving or other work;

H. ⁴

Professional activity, For the employee, the working time, for the independent driver, the duration of the driving and the activities related to transport;

I. ⁵

Rest time, The period during which the driver may freely dispose of his or her time;

J. ⁶

Week, The period that runs from Monday to 00:00 until Sunday at 24 h 00;

K. ⁷

Crew, The case where two or more drivers are engaged to relay at the wheel of a vehicle between two rest periods.

¹ This order applies to drivers of motor vehicles and vehicle assemblies:

A.

Assigned to the carriage of things, of which the total weight recorded in the driving licence exceeds 3.5 tonnes;

B.

Assigned to the carriage of persons, which are registered with more than eight seats, seat of the driver not included.

² Where a driver leads abroad a vehicle registered in Switzerland, this order shall apply to the extent that the international agreements which Switzerland has ratified do not provide for more stringent requirements.

³ Drivers travelling in Switzerland with vehicles registered abroad shall only observe the requirements set out in Art. 5, 7, 8, para. 1, 2, 4 and 5, and s. 9-12, 14 to 14 C , and 18, para. 1. ¹

⁴ This order applies to employers, undertakings and workshops provided that certain provisions expressly provide for this. ²

¹ This order does not apply to vehicle drivers:

A.

Whose maximum permissible speed does not exceed 40 km/h;

B.

Assigned to the services of the army, the police, the fire service, the civil protection, or used on the terms of reference of those services;

C.

For the carriage of persons in line traffic, to the extent that the length of the line does not exceed 50 km;

D.

Used for urgent interventions, rescue missions or for non-commercial transport as humanitarian aid;

E.

Specially equipped for medical tasks;

F.

Specially equipped for troubleshooting and used within a 100 km radius around their point of attack;

G. ¹

Undergoing road tests or transfers for technical improvement, repair or maintenance, or that are new or transformed and are not yet in circulation;

H. ²

Or sets of vehicles having a total authorized weight not exceeding 7.5 t:

1.

Used for non-commercial transport of goods for purely private purposes, or

2.

Which is used to transport equipment or equipment which the driver uses in the exercise of his or her trade within a radius of 100 kilometres around the place of establishment of the undertaking, provided that the driving of the vehicle absorbs the maximum Half of the average weekly working time;

I.

Deemed historic (veterans vehicles) and used for the non-commercial transportation of persons or property. ³

² In internal traffic, this order does not apply to drivers engaged exclusively in racing with the following vehicles or sets of vehicles:

A. ⁴

Motor vehicles for the transport of persons with no more than 16 seats in addition to the driver's seat;

B.

Sets of vehicles assigned to the carriage of things, provided that the total weight of the towing vehicle does not exceed 3.5 tonnes and, in the case of sellette tractors, that the total authorised weight of the whole registered in the driving licence of the Sellette tractor does not exceed 5 t;

C. ⁵

Vehicles of the administration of the Confederation (art. 2, para. 1, of the O of 23 February 2005 concerning the motor vehicles of the Confederation and their drivers ⁶ );

D. ⁷

Vehicles specially equipped for mobile projects intended primarily for teaching purposes when they are stationary;

E. ⁸

Driving schools, provided that they are not used for the commercial transport of persons and goods;

F. ⁹

Vehicles used in the course of practical driving or continuing training organised by driving instructors or continuous training centres, provided that no commercial transport of persons and goods is Performed during these races;

G. ¹⁰

Vehicles used by the services responsible for pipelines, flood protection, road maintenance and household waste collection, by the water, gas and electricity services, by the Telegraphic or telephone operators, radio and television transmitters and the detection of radio or television transmitters or receivers;

H. ¹¹

Vehicles carrying circus or fairground equipment;

I. ¹²

Vehicles assigned to the internal traffic of a company, authorised to circulate on the public road only on the authorisation of the public authorities (Art. 33 of the O of 20 Nov 1959 on vehicle insurance ¹³ And art. 72, para. 1, let. E, of the O of 27 Oct. 1976 regulating the admission of persons and vehicles to road traffic, OAC ¹⁴ ) Or vehicles used exclusively on road in platform installations such as ports, intermodal transhipment ports and rail terminals.

^2bis In internal traffic, drivers who use vehicles within the meaning of para. 2, let. A, for the professional transport of persons are subject to the order of 6 May 1981 on the duration of work and rest of professional drivers of light vehicles assigned to the transport of persons ¹⁵ . ¹⁶

³ In internal traffic, this order shall not apply to drivers subject to the Act of 8 October 1971 on the duration of the work ¹⁷ And carry out only transports governed by the said Act. When these drivers also carry out other forms of transport, they are required to observe, for all their professional activity, the requirements of the art. 5 to 12 on the duration of the work, the driving and the rest period and the maintenance of the means of control specified in art. 14 to 16.

⁴ ... ¹⁸

¹ The duration of driving between two consecutive daily rest periods or between a daily rest period and a weekly rest period shall not exceed nine hours. Twice a week, it can total 10 hours.

² The weekly driving time shall not exceed 56 hours.

³ The total driving time shall not exceed 90 hours in the space of two consecutive weeks.

¹ The employee's weekly working time must not exceed 48 hours on average over a period of 26 weeks. It can be up to 60 hours.

² In the case of work on behalf of more than one employer, the sum of the hours worked is calculated. The employer shall request, in writing, the employee's account of the time worked for other employers. The employee shall provide this information in writing.

¹ The time of availability and its probable duration must be known in advance by the driver, so that he can take it as such. Otherwise, this time counts as working time.

² No work breaks or rest periods can be included in the availability time. ²

¹ After 4 and a half hours driving, the driver must take a break of at least 45 minutes. This break disappears when it begins, immediately after, a daily rest period or a weekly rest period.

² The pause within the meaning of para. 1 may be replaced by a break of at least fifteen minutes, followed by another one of at least 30 minutes; these breaks shall be taken in such a way as to respect para. 1. ¹

³ The employee must not work for more than six hours without a break. If the total working time is between six and nine hours, the break will be at least 30 minutes; if it exceeds nine hours, the break will be at least 45 minutes. The break times can be divided into ranges of at least fifteen minutes each. ²

⁴ The driver shall not engage in any professional activity during the breaks referred to in paras. 1 to 3. ³

⁵ Breaks under paras. 1 to 3 do not count as resting time. ⁴

¹ The driver must have taken a daily rest period within 24 hours of the end of a daily or weekly rest period.

² The daily rest period shall last at least eleven hours. It may be taken in two instalments, if its total duration is at least 12 hours. The first instalment shall be an uninterrupted period of at least three hours and the second shall be an uninterrupted period of at least nine hours.

³ The driver cannot take more than three reduced daily rest periods between two weekly rest periods. A reduced daily rest period lasts at least nine hours.

⁴ If the part of the daily rest period which falls within the 24-hour period is less than 11 hours, this daily rest period shall be considered as a reduced daily rest period.

⁵ A daily rest period may be extended to become a normal weekly rest period or a reduced weekly rest period.

⁶ In the case of crew driving, the driver must have taken a daily rest period of at least nine hours within 30 hours of the end of a daily or weekly rest period.

⁷ Daily rest periods away from the home point may be taken on board the vehicle, provided that the vehicle is equipped with suitable sleeping equipment for each driver and that it is stationary.

¹ In the space of two weeks, the driver must observe two weekly rest periods of 45 hours each.

² One of the rest periods can be reduced to 24 hours (reduced weekly rest time). The reduction shall be compensated by an equivalent rest period taken as a block within three weeks.

³ A weekly rest period shall begin at the latest at the end of six periods of 24 hours from the previous weekly rest period.

⁴ Any rest taken in compensation for the reduction of a reduced weekly rest period shall be attached to another rest period of at least nine hours.

⁵ A weekly rest period of two weeks can be counted in either week, but not in both weeks.

⁶ Weekly rest periods away from the home point may be taken on the vehicle, provided that the vehicle is equipped with suitable sleeping equipment for each driver and that it is stationary.

¹ Notwithstanding s. 11, para. 3, the driver may postpone the start of his weekly rest period of twelve periods of up to 24 consecutive hours from the end of the previous normal weekly rest period, if:

A.

The driver makes a single international movement of persons (art. 8, para. 1, let. F, of the O of 4 Nov 2009 on passenger transport ² );

B.

The transport takes place in a State other than the State where it has commenced for at least 24 consecutive hours; and

C.

The vehicle is equipped with a digital tachograph.

² During transport between 2200 and 6:00 pm, the duration of driving according to art. 8, para. 1, is reduced to three hours, except in the case of flight crew.

³ If the driver adjourn his weekly rest, he shall provide, after his adjournment:

A.

Two normal weekly rest periods; or

B.

A normal weekly rest period and a reduced weekly rest period of at least 24 hours; the reduction shall be compensated by an equivalent rest period taken as a block within three weeks.

¹ The time spent by the employee travelling from his or her home to the place where he or she normally starts or ends his work does not count as working time. If the vehicle is located in another location and the time to get there is longer than the usual travel time, the difference from that time is considered working time.

² The time the employee spends on a train or ferry-boat where he/she has access to a berth is not considered working time within the meaning of para. 1.

¹ In the event of a crew driving, the time spent driving the vehicle next to the driver or on a berth is deemed to be available.

² In the case of flight crew, the presence of another driver is optional for the first hour and is compulsory for the rest of the time.

¹ Periods during which a driver accompanies a vehicle carried by ferry-boat or by train are considered to be available. It can count as resting time provided there is a bunk.

² Notwithstanding s. 9, para. 2, the driver may interrupt the rest period twice to the maximum if:

A.

The duration of the interruptions does not exceed one hour in total; and

B.

The rest period is not reduced.

¹ Provided that road safety is not compromised and in order to enable it to reach an appropriate breakpoint, the driver may derogate from the requirements on the duration of the work, the driving and the rest to the extent necessary for Ensure the safety of the passengers, the vehicle or its cargo.

² The driver shall state the type and the reason for the derogation from the requirements for the duration of work, driving and rest on the tachograph record disc or on a special sheet in the case of a tachograph Numeric. Art. 14 B , para. 4, applies mutatis mutandis. ¹

To control whether the duration of driving, work, breaks and rest has been observed (art. 5 to 11), based in particular on:

A.

Indications recorded by the Analog tachograph and the inscriptions on the tachograph recording discs;

B.

Indications recorded by the digital tachograph and paper prints, dated and signed by the driver;

C.

Tachograph cards (art. 13 A , para. 1);

D.

The data selected, in compliance with data integrity, from the digital tachograph and tachograph cards, and transferred to external data carriers;

E.

The entries in the work booklet;

F.

The entries made in the daily reports to the company's use and the data from the company's watchers;

G.

The entries in the register of the duration of work, driving and rest.

¹ The following tachograph cards are issued to control work, driving and rest periods: ²

A.

Driver cards;

B.

Workshop cards;

C.

Business cards;

D.

Control cards.

² The tachograph cards are removed before the expiry of their validity period or declared invalid if:

A.

They are falsified;

B.

Someone uses a card that he or she does not hold;

C.

They were issued on the basis of false statements or false documents;

D.

The conditions for delivery are no longer fulfilled.

³ If the information on the tachograph cards changes, a new card should be issued. The holder is required to notify the competent authority within fourteen days of any change. The old card loses its validity when the new card is issued.

⁴ The request for the renewal of the tachograph cards may be filed no sooner than six months before the expiry of the cards. A new card is issued if the application is filed less than 15 days before the expiry date. ³

⁵ In the event of damage, malfunction, loss or theft of a tachograph card, the holder is required to report it within seven days to the competent authority. He must request the replacement of the card within that same period. The tachograph card in question loses its validity when one of the above facts is reported.

¹ Driver cards shall be issued to holders of a driver's licence or driving in the credit card format of categories B, C, D, sub-categories C1 or D1 or special category F (art. 3 AC ² ). It is forbidden to grant drivers from abroad who need a Swiss driver's licence (Art. 42, para. 3 ^Bis , OAC) if they are domiciled in a State of the European Union. ³

² The driver card application must be filed with the Federal Roads Office; it contains the following information: ⁴

A.

The applicant's personal data according to the c. 1 and 2 of the annex to the order of 29 March 2006 on the register of tachograph cards (ORCT) ⁵ ;

B.

The driver's licence or driver's licence number in the credit card format.

³ The driver card is valid for five years.

⁴ Only one driver card may be issued per driver. It is personal and not transferable.

⁵ If the holder of a driver card issued by a foreign state has transferred his residence to Switzerland, he may file an application with the Federal Office of Roads to exchange the driver's card. The foreign driver card must be provided to the Federal Roads Office. ⁶

⁶ Driver cards must be returned to the Federal Roads Office in case of changes under s. 13 A , para. 3, damage or malfunction. If a replacement driver card is found, it must be returned to the authority within 14 days. The data recorded on the card must be secured in advance. ⁷

⁷ The flight of a driver card shall be reported to the competent authorities of the State in which it has occurred.

¹ Workshop cards are issued to workshops which have the necessary authorisation granted by the registration authority (Art. 101 of the O of 19 June 1995 concerning the technical requirements for on-road vehicles, OETV ² ) And do not meet the requirements for the issuance of a business card. In justified cases, they may also be delivered to workshops that satisfy the said conditions, if the entrepreneurial activity of the latter does not compromise the control system (Art. 3, para. 1, let. C, ORCT ³ ). ⁴

² The request for a workshop card must be filed with the Federal Customs Administration and include the following: ⁵

A.

The name, address and seat of the workshop, the manufacturer of tachographs or the vehicle manufacturer (c. 3 and 5, Annex ORCT);

B. ⁶

Authorization under s. 101 OETV

C.

The certificate of control number, the date, the issuer;

D.

Name, first name, date of birth, place of origin, address of authorized workshop technician (c. 4, Annex ORCT).

³ The duration of the workshop card is one year.

⁴ The workshop card is issued in the name of the workshop and its authorised technicians. It can only be used by the authorised technician of the workshop and at the headquarters of the workshop on whose behalf it was established. The technician is personally responsible for the work carried out with his workshop card and the calibration of digital tachographs.

⁵ Workshop cards must be returned to the Federal Customs Administration for changes under s. 13 A , para. 3, damage or malfunction. If a replacement shop card is found, it must be returned to the authority within 14 days. The data recorded on the card must be secured in advance.

¹ Business cards are issued to employers, self-employed drivers and car rental operators equipped with a digital tachograph.

² The application for a business card must be filed with the Federal Roads Office; it contains the name, address and seat of the company (c. 6, 7 and 10 of Annex ORCT ² ). ³

³ The business card is valid for five years.

⁴ The business card is established on behalf of the company. Several business cards can be issued to the same company.

¹ The control cards are issued to the competent authorities of the cantons and the Federal Customs Administration responsible for roadside checks and undertakings.

² The application for a control card must be filed with the competent authority and contains the designation, function and address of the supervisory authority (ch. 8 and 9, Annex ORCT ² ).

³ The validity of the control card is five years.

⁴ The control card is impersonal and transmissible. Several control cards may be issued to the same authority.

¹ During his professional activity, the driver shall maintain the tachograph continuously as long as he is in or near the vehicle, and shall use it in such a way that the duration of the driving, of the other Work, availability and breaks are clearly indicated. When the crew is multiple, the operator shall use the tachograph in such a way that the device registers these markings separately for each driver. ²

² The employer and the driver ensure the proper functioning and the use and the regulatory manipulation of the tachograph.

¹ The driver shall bear the following entries on the recording disc:

A.

Before you enter the record disk:

1.

The name and first name of the vehicle and the number of the vehicle registration plate used,

2.

Mileage before the start of the race;

B.

Before you introduce and after you remove the record disc: the date and place;

C.

After removing the disc, at the end of the last race of the day: the new mileage and the total kilometres travelled;

D.

In the case of a change of vehicle during the day: the reading of the odometer to which he has been assigned and the one to which he is to be assigned;

E.

Where applicable, the time of vehicle change.

² When, as a result of its distance from the vehicle, the driver cannot use the tachograph, the driver shall carry the indications relating to the duration of the work, availability and rest, legibly on the disk, manually Or by another appropriate means. Manual markings shall not compromise the recordings of the device. ²

³ In the event of malfunctioning or malfunctioning of the tachograph, and to the extent that the indications concerning the duration of the work, the driving, the availability and the rest are no longer recorded in an irreproachable manner, the driver shall Is on the record disk or on an ad hoc sheet to be attached to the recording disk. ³

⁴ No record disc can be used for a longer period than the one for which it was intended.

⁵ The driver shall carry sufficient blank recording discs in his vehicle, appropriate to the tachograph. It cannot use soiled or damaged record discs, and it must protect the record discs adequately. In the event of damage to a disc that contains records, the driver must attach the damaged disk to the reserve disk used to replace it.

⁶ The employer shall issue the recording discs free of charge to the employee and shall furnish to the employee, upon request, a copy of the discs used.

¹ The driver takes the country from the beginning and the end of the professional activity into the tachograph. This manipulation is not necessary if the tachograph is connected to a positioning service based on a satellite navigation system and automatically records this data. ²

² The driver's and the passenger's card must remain in place for the duration of the professional activity. By introducing and removing the driver card, the driver must answer yes or no to the input orders given by the device. ³

³ When, as a result of his removal from the vehicle, the driver cannot use the tachograph, he shall manually enter the information concerning the duration of the work, the availability and the rest before continuing the journey. ⁴

⁴ In the event of a malfunctioning or malfunctioning of the tachograph, and to the extent that information concerning the duration of work, driving, availability and rest is no longer recorded, printed or unloaded Impeccable, the driver carries them on an ad hoc sheet. The latter also includes data relating to the person (surname, first name, driver card number or driver's licence), the number of the vehicle registration plate used, the place of the beginning and the end of the activity Professional, date and signature. Art. 14 C Applies by analogy. ⁵

⁵ If the driver's card is damaged, is defective, has been stolen or is no longer in the driver's possession, the driver shall print, at the beginning of the professional activity, the data of the vehicle used, indicate on the printout of the driver 's The name and first name, the driver's licence number and the date and signature. In the same way, at the end of the professional activity, he must print the data recorded by the tachograph, indicate on the paper printout his surname and given name, the number of his driving licence and the date and place his signature. All periods spent by the driver on an activity other than driving, periods of availability, pause or rest since the paper printing obtained at the beginning of the journey, when this information has not been recorded By the tachograph, must also be registered. Where a change of vehicle occurs during the professional activity, an appropriate sheet for each vehicle shall be completed. Art. 14 C Applies by analogy. ⁶

⁶ In the cases referred to in para. 5, the driver may continue the journey without a driver card for a maximum of 15 calendar days; for a longer period, it can only do so if it is necessary for the return of the vehicle.

⁷ The driver carries in his vehicle enough printer paper. It cannot use soiled, damaged or unrecognized printer paper for the tachograph and must adequately protect this paper.

⁸ The employer shall issue to the employee, free of charge, the printer paper as well as the auxiliary means necessary for unloading the data of the driver card, and shall, on request, give it free of charge a copy of the printed sheets or of the other Data.

¹ If the driver drives a vehicle equipped with an analogue tachograph, he shall be able to present at any time to the executing authority the recordings of the day in progress and those which he has used in the preceding 28 days, thus The driver card if the driver is the holder of such a card; the older record discs are given to the employer for retention (s. 18, para. 3). ²

² If the driver drives a vehicle equipped with a digital tachograph, the driver must be able to present the driver card to the executing authority at any time.

³ If the driver alternately drives a vehicle equipped with an analog tachograph and a vehicle equipped with a digital tachograph, the driver must be able to submit the following documents to the executing authority at any time:

A.

The recording disc and paper prints referred to in s. 14 B , para. 4 and 5, relating to the current day;

B.

The recording discs and paper prints referred to in s. 14 B , para. 4 and 5, relating to the previous 28 days during which he drove the vehicle;

C.

Driver card. ³

At the request of the tenant, the vehicle otters shall make available, not later than one month after the expiry of the rental report, the data stored in the tachograph relating to the journeys made by the tenant and to which he does not Can have direct access. In this respect, data protection must be guaranteed.

¹ The employee maintains a work booklet indicating the length of his/her work:

A. ¹

When it is not in a position to prove it by other means of control (tachograph record discs, driver card, paper printouts, daily reports and time stamps), or

B.

When it does not operate on a rigid schedule.

² The employee will only use one work booklet at a time, even if he or she is employed by more than one employer. The workbook is personal and non-transferable.

³ The employer will obtain the working booklet from the executing authority and give it free to the employee. The workbook will be returned to the employer when all sheets are completed or when service reports are completed.

⁴ The first working day of the following week at the latest or, in the event of a race abroad, after the return to Switzerland, the employee shall provide the employer with the means of control which he has used to prove his working time (original perforated The weekly worksheet of the workbook, reports for use by the company).

¹ Using the means of control available, the employer will constantly ensure that the provisions on the duration of work, driving and rest periods have been observed. For this purpose, it shall record, for each employee, the following particulars in a register:

A.

The daily duration of driving;

B.

Weekly working time and current average;

C.

Availability time;

D.

The daily rest periods and, if subdivided, the duration of the partial rest periods;

E.

The weekly rest periods performed and, in the case of reduction, the length of rest periods thus reduced;

F.

Working time that may be spent on other employers. ¹

² Independent drivers shall indicate the following data in a register:

A.

The daily duration of driving;

B.

The daily rest periods performed and, in the case of subdivision, the duration of the partial rest periods;

C.

The weekly rest periods performed and, in the case of reduction, the duration of the rest periods thus reduced. ²

³ For drivers whose daily driving time is clearly less than 7 hours, according to a summary check of the tachograph discs, it is not necessary to record the duration of the driving in a register.

⁴ At the end of the month at the latest, the register provided for in paras. 1 and 2 shall contain all entries relating to the penultimate month. For drivers working abroad, it must be established as soon as possible after their return to Switzerland. ³

^4bis At the request of the employee, the employer shall provide him with a copy of the register. ⁴

⁵ Employers and self-employed drivers who entrust the maintenance of the register or the management of the data to third parties shall remain responsible for the accuracy of the registration, the security and the preservation of the unloaded data, as well as the In their entirety. ⁵

⁶ The implementing authority may waive the register of hours of work, driving and rest within the meaning of s. 1 and 2 for drivers engaged in professional activity according to an invariable daily schedule which makes it impossible to comply with the requirements for working hours, driving and rest periods. The waiver decision shall indicate the daily schedule and the name of the driver and, where applicable, the employer's name, its validity shall be limited to one year; it shall not be renewed if, during the exemption period, the driver has completed more than 20 Races outside of the schedule. ⁶

If the vehicle is equipped with a digital tachograph, the employer and self-employed drivers shall ensure that:

A.

The data are retrieved from the memory of the digital tachograph and unloaded onto an external data carrier, and this:

1.

No later than every three months from the first day of the registration,

2.

Before a vehicle or tachograph is leased or sold to another business, or

3.

When the tachograph is no longer working properly, but the data may still be unloaded;

B.

The data is unloaded from the driver card, and this:

1.

Weekly,

2.

In the case of prolonged absence of the driver, no later than every 21 days, from the first day of registration,

3.

By the dissolution of the employment relationship between the employee, or

4.

Prior to the commencement of the conduct on behalf of another company and its vehicles;

C.

The data are unloaded from the business card no later than every three months from the first day of the registration;

D.

The data unloaded from the digital tachograph, the driver card and the business card are recorded in chronological order according to the vehicle number and driver or driver;

E.

Security copies are immediately established for all data stored on a separate data carrier;

F.

The register shall be kept in full accordance with Art. 16, para. 1 or 2;

G.

Their data area is protected prior to the first release of the tachograph and this protection is abolished before the sale or rental of the tachograph.

¹ The employer will distribute the work of the employee in such a way that the employee can comply with the provisions on duration of work, driving and rest. The employee must notify his employer in a timely manner, if the work that has been entrusted to him must lead him to breach these provisions.

² The employer must ensure that the employee observes the provisions on the duration of the work, the driving and the rest, correctly holds the means of control and remits them in good time.

³ The employer will establish a list containing the names of the drivers, their address and date of birth and, if applicable, the number of the work booklet.

⁴ Employees will not be paid according to the distances travelled, the volume of the goods carried or other benefits which are likely to compromise road safety.

¹ The employer and the drivers shall provide the enforcement authorities with all the information necessary for the application of this order and the controls.

² The employer and the self-employed drivers will allow the executing authorities to access the company and carry out the necessary investigations.

³ The employer and any independent driver shall retain for three years at the company's headquarters: ¹

A.

Tachograph recording discs (art. 14);

B. ²

All data unloaded from the memory of the tachograph and driver card and the different safety data (art. 16 A ); the retention period runs from the time the data set is unloaded;

C. ³

The weekly sheets of the workbook, the equivalent means of proof, and the completed workbooks (s. 15);

D. ⁴

The register of the duration of work, driving and rest (art. 16);

E. ⁵

Where applicable, exemption decisions (s. 16, para. 6).

⁴ Branches with autonomous vehicles must keep these records and data at their headquarters. ⁶

⁵ Upon request, documents and data shall be submitted to the Executing Authorities or sent in the form required by them. ⁷

⁶ Information for statistical or research purposes is based on the provisions of the Federal Data Protection Act of June 19, 1992 ⁸ , on the order of 14 June 1993 on the Federal Data Protection Act ⁹ Federal Statistics Act of October 9, 1992 on Federal Statistics ¹⁰ . ¹¹

¹ The provisions of this subparagraph shall apply only to persons following initial vocational training of drivers of heavy duty vehicles CFC (art. 6, para. 2, OAC ² ) Until the age of 18. The working hours of such persons shall not exceed nine hours per day; the time spent on compulsory vocational courses shall be deemed to be working time. The working time must be between 5 a.m. and 10 p.m.; the cantons may authorise derogations for the benefit of vocational training. The daily rest period referred to in Art. 9, para. 2, cannot be shortened.

² The training person and the instructor are subject to the control requirements set out in s. 15.

³ In the course of learning courses, the instructor must:

A.

Enter its initials in addition to the name of the person being trained on the tachograph recording disc;

B.

Use its own recording disc; or

C.

Insert the driver's card at the passenger's designated place in the digital tachograph.

⁴ Learning courses are counted as driving time, both for the instructor and for the person in training.

¹ Drivers whose professional activity is only partially subject to this order (drivers on an ancillary basis) do not have the right, in all their professional activities, to exceed the limits set in the This order.

² An employer who engages drivers as an accessory must ensure that the employee does not exceed these limits.

³ For drivers engaged in an ancillary capacity and who, apart from this occupation, do not engage in another gainful occupation as employees, such as farmers, students and housewives, the implementing authority shall set a fixed number of hours As a basis for the duration of the work to the extent that it requires the activity that they perform in the main proceedings.

¹ Any person who contravening the provisions on the duration of work, conduct, availability, breaks and rest (art. 5 to 11) will be punished with the fine. ¹

² Every person who breaks the control provisions shall be liable to the fine (art. 13 to 18), including anyone who: ²

A.

Does not use or makes improper use of means of control, improperly manipulates them, does not use them or damages them (art 13);

B.

Provides the competent authority with the control cards with false or incomplete information about the person (art. 13 A To 13 D );

C.

Does not maintain the tachograph in function, uses it incorrectly or falsifies records;

D.

Provides, in control documents and electronic data, false or incomplete information, makes it more difficult to read documents and data, modifies their content or results in the complete or partial deletion of the data;

E.

Uses for the digital tachograph a defective, falsified, invalid tachograph card, or does not use the card;

F.

Puts his or her own tachograph card at the disposal of a third party or uses a tachograph card that is not the owner;

G.

... ³

H.

Manipulates the global digital tachograph system so that the digital tachograph provides false data. ⁴

³ Any person who violates the duties or requirements to be observed in accordance with the special provisions (art. 19 and 20) will be punished with the fine. ⁵

⁴ An employer who induces a driver to commit an act punishable under this order or who does not, according to his or her possibilities, prevent such an offence shall be liable to the same penalty as the driver. The judge will be able to mitigate the penalty in respect of the driver or exempt him from any sentence if circumstances warrant.

¹ The criminal prosecution is the responsibility of the cantons. In addition to the canton in which the offence was committed, the canton which sees it is also competent.

² The criminal prosecution must be brought to the attention of the executing authority of the canton in which the vehicle is registered.

¹ The cantons shall execute this order and designate the authorities responsible for enforcement as well as the competent bodies for issuing, withdrawing and declaring invalid control cards. ²

² The supervision, on the road and in undertakings, of the duration of work and rest is governed by the order of 28 March 2007 on the control of road traffic ³ . ⁴

³ ... ⁵

⁴ The implementing authorities shall draw up a list of undertakings having their registered office or a branch in the canton. They keep a list of the work books issued to each company.

¹ The Federal Department of the Environment, Transport, Energy and Communication ¹ May issue general instructions for the application of this order.

² Federal Roads Office ² May allow in individual cases, for compelling reasons, derogations from certain provisions.

³ The Federal Roads Office determines the shape and appearance of the tachograph cards in accordance with international requirements and broadcasts. ³

⁴ The Federal Customs Administration is responsible for issuing, withdrawing and declaring invalid business cards. ⁴

⁵ The Federal Roads Office is responsible for issuing, withdrawing and declaring invalid driver cards and business cards. ⁵

¹ Until 31 December 2013, weekly rest periods may also be postponed according to Art. 11 A If the vehicle is equipped with an analog tachograph.

² Until 31 December 2013, in the case of transport between 2200 and 6:00 p.m., the driving time shall not be reduced to three hours according to Art. 11 A .

This order shall enter into force on 1 ^Er October 1995.