Rs 822.221 Order Of 19 June 1995 On The Duration Of The Work And The Rest Of Professional Drivers Of Motor Vehicles (Ordinance On Drivers, Otr 1)

Original Language Title: RS 822.221 Ordonnance du 19 juin 1995 sur la durée du travail et du repos des conducteurs professionnels de véhicules automobiles (Ordonnance sur les chauffeurs, OTR 1)

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822.221 order on the duration of labor and the rest of professional drivers of motor vehicles (drivers, RTO 1 Ordinance) of June 19, 1995 (State on May 1, 2015) the Swiss federal Council, view the art. 56 and 103 of the Federal Act of 19 December 1958 on the traffic, stop: Section 1 purpose and definitions art. 1 purpose this order regulates the duration of labour, management and the rest of professional drivers of motor vehicles; It also governs the controls to which they are subjected and the obligations of employers.
Are reserved the provisions of the Act of 13 March 1964 on labour, in particular those relating to night work compensation.

RS 822.11 introduced by chapter I of O on June 30, 2010, in force since Jan. 1. 2012 (2010-3239-5087 RO).

Art. 2 definitions for the purposes of this order means: a. driver, any person who, even for a short period, drove one of the vehicles referred to in art. 3, al. 1; b. independent, any person who is not in the service of an employer or is subject to any relationship of subordination and that is only to decide on the use of the vehicle (business owner); in case of doubt (e.g. for drivers under contract of affreightment), based on the reports of real work and not on the function identified in a prospective contract; are also considered self-employed drivers, the business owner's spouse, his ascendants or descendants and their spouses, as well as his spouse's children; c. an employee, any person who is not self-employed driver, especially one who drives a vehicle while it is in the service of an employer or that it is subject to relationships of subordination; d. employer, any person who as a business owner or supervisor, is entitled to give instructions to the driver; e. workstation: 1. the place of establishment of the company for which the employee works, 2. the vehicle that the employee uses in his professional activity, 3 any place where are carried out activities related to transportation.

f. working time, periods during which the employee is at his work station, stands at the disposal of the employer and exercising its function or its activities; less than 15-minute breaks are also included in working time; g. time of availability, the periods during which the employee is not required to remain at his workstation, but must be available to answer any calls to start or resume driving or to do other work; h. professional activity , for the employee, working for the independent driver time, the duration of the conduct and the activities related to transport; i. time to rest, the period during which the driver may freely dispose of his time; j. week, the period runs from Monday at 00:00 to Sunday at midnight; k. crew, the case where two drivers or more are committed to take turns at the wheel of a vehicle between two resting time.

New content according to chapter I of O on June 30, 2010, in force since Jan. 1. 2011 (2010 3239 RO).
New content according to chapter I of O on June 30, 2010, in force since Jan. 1. 2011 (2010 3239 RO).
New content according to chapter I of O on June 30, 2010, in force since Jan. 1. 2011 (2010 3239 RO).
New content according to chapter I of O on June 30, 2010, in force since Jan. 1. 2011 (2010 3239 RO).
Introduced by chapter I of O on June 30, 2010, in force since Jan. 1. 2011 (2010 3239 RO).
Introduced by chapter I of O on June 30, 2010, in force since Jan. 1. 2011 (2010 3239 RO).
Introduced by chapter I of O on June 30, 2010, in force since Jan. 1. 2011 (2010 3239 RO).

Section 2 scope of art. 3 field of application this order applies to drivers of motor vehicles and combinations of vehicles: a. used for the carriage of things, whose total weight entered in the permit of traffic exceeds 3,5 t; (b) assigned to the transport of people, who are registered with more than eight seats, excluding the driver seat.

When abroad, a driver driving a vehicle registered in Switzerland, this order applies insofar as the international agreements that the Switzerland has ratified include no more severe requirements.
Drivers who travel in Switzerland with vehicles registered abroad must observe the requirements set out in art. 5, 7, 8, al. 1, 2, 4 and 5, and in art. 9-12, 14-14, and 18, al. 1. this order applies to employers, companies and workshops provided that certain provisions expressly so provide.

New content according to chapter I of O on June 29, 2011, in effect since Oct. 1. 2011 (2011 3905 RO).
New content according to chapter I of O on March 29, 2006, in force since Nov. 1. 2006 (RO 2006 1689).

Art. 4 exceptions this order applies to drivers of vehicles: a. whose maximum speed exceeds not 40 km/h; b. assigned to services of the army, the police, firemen, civil protection, or used on behalf of such services; (c) assigned to transport people in trafficking in line, insofar as the length of the line exceeds not 50 km; d. used for urgent interventions missions of rescue or for transport not sales made as a humanitarian; e. specially equipped for medical tasks; f. specially equipped for troubleshooting and used within a radius of 100 km around their anchor; g. undergoing tests on road or transfers for purposes of technical improvement, repair or maintenance, or who are new or processed and are not yet in circulation; h. or sets of vehicles of which the permitted total weight does not exceed 7.5 t: 1. used for non-commercial transportation of goods for purposes purely private, or2. which are used to transport equipment or equipment that the driver uses in the exercise of his profession within a radius of 100 kilometers around the place of establishment of the company, provided that driving the vehicle absorbs maximum half of the average weekly working time;

i. reputable historical (veteran vehicles) and used for non-commercial transportation of people or goods.

In internal traffic, this order does not apply to drivers who carry out exclusively races with vehicles or combinations of vehicles following: a. motor vehicles used for the carriage of people with not more than 16 seats in addition to the driver's seat; b. sets of affected vehicles to transport things, provided that the total weight of the towing vehicle shall exceed not 3,5 t and in the case of tractors, that the total permitted overall weight listed in the permit of movement of the tractor wheel does not exceed 5 t; c. vehicles of the administration of the Confederation (art. 2, para. 1, o of the 23 Feb 2005 concerning motor vehicles of the Confederation and their drivers); d. vehicles specially fitted for mobile projects and mainly intended for teaching purposes when they are at a standstill; e. vehicles driving schools as long as you do not be used for commercial people and goods transport; f. vehicles used as part of the practical training of conduct or training organized by driving instructors or training centres, for as much as any commercial people and goods transport is made during these races; g. vehicles used by the services responsible for pipelines , of flood protection, maintenance of roads and collection of household waste, by the departments in charge of water, gas and electricity, by telegraph or telephone operators, by radio and television transmitters as well as for detecting transmitters or radio or television receivers; h. vehicles transporting circus and funfair equipment; i. vehicles affected traffic internal to a company allowed to operate on public roads only on permission of public authorities (art. 33 of the O from 20 nov 1959 on insurance of vehicles and article 72, para. 1, let e, o of the 27 oct 1976 regulating the admission of persons and vehicles to road traffic, OAC) or vehicles used exclusively on road in platforms such as port facilities , ports of transshipment terminals and intermodal rail.

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 Ordinance of 6 May 1981 on the duration of work and rest professional drivers of light vehicles assigned to the transport of persons.
In internal traffic, this order does not apply to drivers subject to the law of October 8, 1971 on the hours of work and who perform only transport governed by the Act. When these drivers are also other transport, they are required to observe, for all their professional activity, the requirements of art. 5-12 on the duration of the work, the driving and rest and maintain controls indicated in art. 14-16.



New content according to chapter I of O on June 29, 2011, in effect since Oct. 1. 2011 (2011 3905 RO).
New content according to section I of the Feb 11 O. 2015, in force since May 1, 2015 (RO 2015 1089).
New content according to chapter I of O on June 30, 2010, in force since Jan. 1. 2011 (2010 3239 RO).
New content according to chapter I of the O from 3 July. 2002, in force since April 1. 2003 (RO 2002 3324).
New content according to ch. II 7 of the annex to the Feb 23 O. 2005 on motor vehicles of the Confederation and their drivers, in force since March 1, 2005 (RO 2005 1167).
RS 514.31 new content according to chapter I of O on June 30, 2010, in force since Jan. 1. 2011 (2010 3239 RO).
New content according to chapter I of O on June 30, 2010, in force since Jan. 1. 2011 (2010 3239 RO).
Introduced by chapter I of O on June 30, 2010, in force since Jan. 1. 2011 (2010 3239 RO).
Introduced by chapter I of O on June 30, 2010, in force since Jan. 1. 2011 (2010 3239 RO).
Introduced by chapter I of O on June 30, 2010, in force since Jan. 1. 2011 (2010 3239 RO).
Introduced by chapter I of O on June 30, 2010, in force since Jan. 1. 2011 (2010 3239 RO).
RS 741.31 RS 741.51 RS 822.222 introduced by chapter I of O 3 Jul. 2002, in force since April 1. 2003 (RO 2002 3324).
RS 822.21 introduced by section 4 of Schedule 1 to the O 2 sept. 1998 (RO 1998 2352). Repealed by no I of O on June 30, 2010, with effect from Jan 1. 2011 (2010 3239 RO).

Section 3 the driving time, of work, breaks and rest art. Driving 5duree driving time between two time consecutive daily rest periods or between a daily rest period and a weekly rest period may not exceed nine hours. Twice a week, it can add up to ten hours.
The weekly driving time shall not exceed 56 hours.
The total driving time must not exceed 90 hours in two consecutive weeks.

New content according to chapter I of O on June 30, 2010, in force since Jan. 1. 2011 (2010 3239 RO).

Art. 6Temps of work the employee's weekly working time may not exceed 48 hours on average over a period of 26 weeks. It can reach a maximum of 60 hours.
When working on behalf of more of an employer, the amount of hours worked is calculated. The employer, in writing, to the employee on behalf of the time to work for other employers. The employee provides this information in writing.

New content according to chapter I of O on June 30, 2010, in force since Jan. 1. 2011 (2010 3239 RO).

Art. 7Temps availability uptime and its likely duration must be known in advance by the driver, so that he can take it as such. Otherwise, this time counts as working time.
Any break from work or no rest time cannot be included in uptime.

New content according to chapter I of O on June 30, 2010, in force since Jan. 1. 2011 (2010 3239 RO).
New content according to chapter I of O on June 29, 2011, in effect since Oct. 1. 2011 (2011 3905 RO).

Art. 8 breaks after 4 hours and a half of driving, the driver must comply with a break of at least 45 minutes. This pause disappears when he starts, immediately after, a daily rest period or weekly rest.
The break in the sense of para. 1 may be replaced by one break of at least 15 minutes, followed by another of at least 30 minutes; These breaks must be taken to respect the al. 1. the employee must not work more than six hours without a break. If the total duration of the 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. Breaks may be divided into beaches for at least fifteen minutes each.
The driver may not engage in any professional activity during the breaks referred to in paras. 1-3.
The breaks referred to in paras. 1 to 3 do not count as rest time.

New content according to chapter I of O on June 30, 2010, in force since Jan. 1. 2011 (2010 3239 RO).
New content according to chapter I of O on June 29, 2011, in effect since Oct. 1. 2011 (2011 3905 RO).
New content according to chapter I of O on June 30, 2010, in force since Jan. 1. 2011 (2010 3239 RO).
New content according to chapter I of O on June 30, 2010, in force since Jan. 1. 2011 (2010 3239 RO).

Art. 9Temps of daily rest period the driver must have had a daily rest period within 24 hours following the end of a daily or weekly rest period.
The daily rest period must last at least 11 hours. It can be taken in two instalments, if its total duration is at least twelve hours. The first instalment must be an uninterrupted period of at least three hours and the second an uninterrupted period of at least nine hours.
The driver can not take more than three daily rest periods reduced between two weekly rest periods. A daily rest period reduces takes at least nine hours.
If the part of the daily rest period which falls within the period of 24 hours is less than 11 hours, daily rest period is considered to be a reduced daily rest period.
A daily rest period may be extended to become a regular weekly rest period or a reduced weekly rest period.
Regarding crew driving, the driver must have had a daily rest period of at least nine hours time within 30 hours of the end of a daily or weekly rest period.
Daily rest away from the attachment point can be taken in the vehicle, provided that it is equipped with a material of suitable bedding for each driver and it is stationary.

New content according to chapter I of O on June 30, 2010, in force since Jan. 1. 2011 (2010 3239 RO).

Art. 10 repealed by no I of O on June 30, 2010, with effect from Jan 1. 2011 (2010 3239 RO).

Art. 11Temps of weekly rest in the space of two weeks, the driver must observe two times weekly rest period of 45 hours each.
One of the rest period may be reduced to 24 hours (reduced weekly rest period). The reduction must be compensated by an equivalent rest period block in the following three weeks.
A weekly rest period begins at the latest at the end of six 24 hour periods as of the previous weekly rest period.
Any rest taken as compensation for the reduction of a reduced weekly rest period is attached to an another rest period of at least nine hours.
Weekly rest straddling two weeks may be counted in either of the weeks, but not in both.
Weekly rest periods away from the attachment point can be taken in the vehicle, provided that it is equipped with a material of suitable bedding for each driver and it is stationary.

New content according to chapter I of O on June 30, 2010, in force since Jan. 1. 2011 (2010 3239 RO).

Art. 11aAjournement of the weekly rest period in international circuits in derogation of art. 11, al. 3, the driver can delay the start of his weekly rest of twelve periods of 24 consecutive hours from the end of the previous regular weekly rest period, if: a. the driver performs a single circuit of international passenger transport (art. 8, al. 1 let. f, O from 4 nov 2009 on passenger transport); b. transport takes place in a State other than the one where it started at least 24 consecutive hours; etc the vehicle is equipped with a digital tachograph.

When transport carried out between 10 pm and 6:00, the driving time according to art. 8, al. 1, is reduced to three hours, except in the case of conduct in crew.
If the driver shifted his weekly rest, it must provide, after its adjournment: a. two normal weekly rest time; forgotten the source. a regular weekly rest period and one reduced weekly rest period of at least 24 hours time; the reduction must be compensated by an equivalent rest period block in the following three weeks.

Introduced by chapter I of O on June 30, 2010, in force since Jan. 1. 2011 (2010 3239 RO).
SR 745.11 art. 11bTemps of course considered working time the time spent by the employee to get from his home to the place where it starts or finishes normally does not count as working time. If the car is in another place and time to get there is longer than the usual travel time, the difference with this one is considered as working time.
The time that the employee spends in a train or a ferry where he has access to a bunk is not considered to be working within the meaning of para. 1. introduced by chapter I of O on June 30, 2010, in force since Jan. 1. 2011 (2010 3239 RO).

Art. 11cConduite with a crew in the case of multi-Manning, the time spent during the running of the vehicle next to the driver or on a bunk is deemed uptime.
When driving in crew, the presence of another driver is mandatory and optional for the first hour the rest of the time.

Introduced by chapter I of O on June 30, 2010, in force since Jan. 1. 2011 (2010 3239 RO).

Art. combined 11dTransports


The periods during which a driver accompanies a vehicle transported by ferryboat or train are regarded as uptime. He can count them as time off if you have a berth.
In derogation from art. 9, al. 2, the driver can interrupt this rest period twice if: a. the duration of interruptions does not exceed one hour in total. ETB. rest time is not reduced.

Introduced by chapter I of O on June 30, 2010, in force since Jan. 1. 2011 (2010 3239 RO).

Art. 12 exceptions in States of emergency provided they do not compromise road safety and to enable him to reach a suitable stopping point, the driver may depart from the requirements on the duration of the work, driving and rest to the extent necessary to ensure the safety of the passengers, of the vehicle or of its load.
The driver must mention the kind and the reason for the derogation the provisions on the duration of the work, driving and resting on the record of the tachograph disc or on a special foil when it comes with a digital tachograph. Art. 14b, al. 4, shall apply by analogy.

New content according to chapter I of O on March 29, 2006, in force since Nov. 1. 2006 (RO 2006 1689).

Section 4 provisions on control art. 13Moyens control to control if the duration of the conduct of work, breaks and rest were observed (articles 5 to 11), based on: a. the information recorded by the analogue tachograph and the inscriptions on the record of the tachograph discs; b. the information recorded by the digital tachograph and the paper prints, dated and signed by the driver; c. tachograph cards (art. 13A al. (1); d. the selected data, in the respect of the integrity of the data, from the digital tachograph and tachograph, and cards transferred on data external; e. media brought in the work book entries; f. the entries made in the daily usage reports of the company and the timestamps of the company data; g. registrations in the register of the duration of the work driving and rest.

New content according to chapter I of O on March 29, 2006, in force since Nov. 1. 2006 (RO 2006 1689).

Art. tachograph 13aCartes following tachograph cards are issued to control the working, driving and rest times: a. the driver cards; b. workshop cards c. company cards; d. control charts.

Tachograph cards are withdrawn before the expiry of their term of validity or declared not valid if: a. they are falsified; b. someone uses a card which he is not the holder; c. they were issued on the basis of false statements or false documents; (d) the conditions of issue are no longer fulfilled.

If the information on the tachograph cards are changing, there is to issue a new card. The licensee is required to report within a period of fourteen days to the competent authority any changes. The old card becomes invalid as soon as the new card.
The application for renewal of tachograph cards may be filed no earlier than six months before the expiry of cards. A new card is issued if the application is filed less than 15 days before the expiry date.
In case of damage, malfunction, loss or theft of a card tachograph, its holder shall report it to the competent authority within a period of seven days. It must require the replacement of the card within the same period. Map of tachograph in question loses its validity when one of the above facts is reported.

Introduced by chapter I of O on March 29, 2006, in force since Nov. 1. 2006 (RO 2006 1689).
New content according to chapter I of O on June 29, 2011, in effect since Oct. 1. 2011 (2011 3905 RO).
New content according to chapter I of O on June 29, 2011, in effect since Oct. 1. 2011 (2011 3905 RO).

Art. driver 13bCarte driver cards are issued to holders of a student driver licence or driving to the credit card size of categories B, C, D, subcategories C1 or D1 or special F (art. 3 OAC) category. It is forbidden to grant drivers from abroad who need a Swiss driving licence (art. 42, para. 3, OAC) if they are domiciled in a State of the European Union.
The driver card application must be filed with the federal Office of roads; It contains the following information: a. the personal data of the applicant according to points 1 and 2 of the annex to the Ordinance of 29 March 2006 on the register of tachograph cards (ORCT); b. the number of driver's license or student driver to format credit card.

The period of validity of the driver card is five years.
Only one driver card may be issued by driver. It is personal and not transferable.
If the holder of a driver card issued by a foreign State has transferred his domicile in Switzerland, he may make an application to the federal roads Office to exchange the driver card. Foreign driver card must be given to the federal Office of roads.
Driver cards must be returned to the federal Office of roads in case of changes according to art. 13, art. 3, damage or malfunction. If a driver card replaced is found, it must be returned to the authority within fourteen days. The data stored on the card must be secured in advance.
The flight of a driver card must be reported to the competent authorities of the State in which it occurred.

Introduced by chapter I of O on March 29, 2006, in force since Nov. 1. 2006 (RO 2006 1689).
RS 741.51 new content according to chapter I of O on March 28, 2007, in force since July 1. 2007 (2007 2191 RO).
New content according to chapter I of O on June 29, 2011, in effect since Oct. 1. 2011 (2011 3905 RO).
RS 822.223 new content according to chapter I of O on June 29, 2011, in effect since Oct. 1. 2011 (2011 3905 RO).
New content according to chapter I of O on June 29, 2011, in effect since Oct. 1. 2011 (2011 3905 RO).

Art. Workshop 13cCarte workshop cards are issued which have the necessary authorisation granted by the registration authority (art. 101 of the O of 19 June 1995 concerning technical requirements for road vehicles, OETV) and workshops which do meet the conditions laid down for the issue of a corporate card. In justified cases, they can also be delivered to workshops meet the said conditions, if entrepreneurial activity of these does not compromise the control system (art. 3, para. 1, let. c, ORCT).
The workshop card application must be filed with the Federal Customs Administration and include the following information: a. the name, address and seat of the workshop, manufacturer of tachographs or the vehicle manufacturer (Nos. 3 and 5, annex ORCT); b. the authorization under art. 101 OETV; c. the control certificate number, date, sender; (d) the name, first name, date of birth, place of origin, the address of the technician authorized workshop (section 4, annex ORCT).

The period of validity of the card shop is one year.
The workshop card is issued on behalf of the workshop and its personnel. It can be used only by the technician authorized workshop and headquarters of the workshop in whose name it was established. The technician is responsible for personally of the work made with its card workshop and the calibration of digital tachographs.
Workshop cards must be returned to the Federal Administration of customs changes according to art. 13, art. 3, damage or malfunction. If a workshop card replaced is found, it must be returned to the authority within fourteen days. The data stored on the card must be secured in advance.

Introduced by chapter I of O on March 29, 2006, in force since Nov. 1. 2006 (RO 2006 1689).
RS 741.41 RS 822.223 new content according to chapter I of O on June 30, 2010, in force since Jan. 1. 2011 (2010 3239 RO).
New content section I of O on June 30, 2010, in force since Jan. 1. 2011 (2010 3239 RO).
New content section I of O on June 30, 2010, in force since Jan. 1. 2011 (2010 3239 RO).

Art. company 13dCarte company cards are issued to employers, self-employed drivers and owners of vehicles equipped with a digital tachograph.
The company card application must be filed with the federal Office of roads; It contains the name, address and seat of the company (ch. 6, 7 and 10 of annex ORCT).
The period of validity of the card company is five years.
The company card is established on behalf of the company. Several business cards can be issued to the same company.

Introduced by chapter I of O on March 29, 2006, in force since Nov. 1. 2006 (RO 2006 1689).
RS 822.223 new content according to chapter I of O on June 29, 2011, in effect since Oct. 1. 2011 (2011 3905 RO).

Art. control 13eCarte


Control charts are issued to the competent authorities the cantons and the Federal Administration charged customs controls on road and in businesses.
The control card application must be filed with the competent authority and it contains the designation, function and address of the supervisory authority (Nos. 8 and 9, annex ORCT).
The period of validity of the Control Board is five years.
The control card is impersonal and transferable. Several control cards can be issued to the same authority.

Introduced by chapter I of O on March 29, 2006, in force since Nov. 1. 2006 (RO 2006 1689).
SR 822.223 art. 14Tachygraphe during his professional activity, the driver must maintain the tachograph continually also long as it is in the vehicle or nearby, and to use such that the duration of driving, other work, breaks, and availability is clearly indicated. When the crew is multiple, drivers must use the tachograph so that the camera records these indications of separately for each driver.
The employer and the driver shall ensure to the smooth running and use regulatory handling of the tachograph.

New content according to chapter I of O on March 29, 2006, in force since Nov. 1. 2006 (RO 2006 1689).
New content according to chapter I of O on June 29, 2011, in effect since Oct. 1. 2011 (2011 3905 RO).

Art. 14aUtilisation of the analogue tachograph driver bears the following inscriptions on the recording drive: a. before inserting the disc recording: 1. his name and his name and number of the registration number of the vehicle used, 2. the mileage before the start of the race.

(b) before and after removing the disc to record: the date and the place; (c) after removing the disc, at the end of the last race of the day: new mileage and total kilometres covered; d. in the event of a change of vehicle during the day: odometer to which he was assigned and reading one to which it will be affected; e. as appropriate the time of change of vehicle.

When, as a result of being away from the vehicle, the driver cannot use the tachograph, he wears as and when the information on the duration of work, availability and rest, legibly on the disc, manually or by any other appropriate means. Manual entries must not compromise the device records.
In case of breakdown or faulty operation of the tachograph, and to the extent where indications regarding the duration of the work, driving, availability and the rest are more saved flawlessly, the driver wear them on the disc to record or on a sheet of ad hoc to join the recording disc.
No disk record cannot be used for a longer period than that for which it was intended.
The driver takes his vehicle enough blank, suitable to the tachograph record discs. May not use soiled or damaged record discs, and it must protect the disks to record in a proper way. In case of damage of a disk that contains records, the driver must reach the damaged disc to the spare drive used to replace.
Employer issues records of registration free of charge to the employee and provide him, on request, a copy of the drives used.

Introduced by chapter I of O on March 29, 2006, in force since Nov. 1. 2006 (RO 2006 1689).
New content according to chapter I of O on June 29, 2011, in effect since Oct. 1. 2011 (2011 3905 RO).
New content according to chapter I of O on June 29, 2011, in effect since Oct. 1. 2011 (2011 3905 RO).

Art. 14bUtilisation of the digital tachograph driver enters the country from the beginning and the end of professional activity in the tachograph. This operation is not necessary if the tachograph is connected to based on a system of navigation positioning satellite and automatically saves these data.
Map of the driver and the passenger must stay inserted during the duration of the professional activity. By introducing and removing the driver card, the driver must answer Yes or by no to the seizure orders given by the unit.
When, as a result of being away from the vehicle, the driver cannot use the tachograph, he takes manually in the device information on the duration of work, availability and rest before continuing the journey.
In case of failure or malfunction of the tachograph, and to the extent where information about the hours of work, of the conduct, the availability and the rest no longer registered, printed or unloaded perfectly, the driver wear them on an ad-hoc sheet. This last includes also data on the person (name, card driver or the driver's license number), the number of the registration number of the vehicle used, the place of the beginning and the end of the professional activity, the date and the signature. Art. 14 c applies by analogy.
If the driver card is damaged, faulty, stolen or is in possession of the driver, the driver must print at the beginning of the professional activity, the data of the vehicle used, indicate on paper printing its first and last name, the number of his license as well as date and sign it. Similarly, at the end of professional activity, it must print the data recorded by the tachograph, indicate on paper printing his name and surname, the number of his license as well as the date and sign it. All periods spent by the driver to one activity other than driving, availability, break or rest periods since printing paper obtained at the beginning of the journey, when these information has not been recorded by the tachograph, should also be registered. When a change of vehicle takes place during the professional activity, there is place to complete a worksheet for each vehicle. Art. 14 c applies by analogy.
In the cases referred to in para. 5, the driver can continue the journey without driver card for fifteen calendar days to the maximum; for a longer time, he can do that if this ' is necessary for the repatriation of the vehicle.
The driver takes his vehicle enough printer paper. It cannot use the printer paper soiled, damaged or not allowed for the tachograph and must protect this paper in an adequate way.
The employer delivers free of charge to the employee the printer paper and the auxiliary means necessary for unloading of the driver card data, and given free of charge, on request, a copy of the printed sheets or other data.

Introduced by chapter I of O on March 29, 2006, in force since Nov. 1. 2006 (RO 2006 1689).
New content according to section I of the Feb 11 O. 2015, in force since May 1, 2015 (RO 2015 1089).
New content according to section I of the Feb 11 O. 2015, in force since May 1, 2015 (RO 2015 1089).
New content according to chapter I of O on June 29, 2011, in effect since Oct. 1. 2011 (2011 3905 RO).
New content according to chapter I of O on June 29, 2011, in effect since Oct. 1. 2011 (2011 3905 RO).
New content according to chapter I of O on June 30, 2010, in force since Jan. 1. 2011 (2010 3239 RO).

Art. 14cpresentation documents or data on tachograph if the driver drives a vehicle equipped with an analogue tachograph, it must be able to submit at any time to the enforcement authority records recording of the current day and those he used in the previous 28 days, as well as the driver card if he holds such a card; the oldest recording disks are returned to the employer to be kept (art. 18, para. 3).
If the driver drives a vehicle fitted with a digital tachograph, it must be able to submit at any time the driver card to the enforcement authority.
If the driver alternately driving a vehicle equipped with an analogue tachograph and a vehicle fitted with a digital tachograph, it must present the following documents at any time to the enforcement authority: a. the recording disc and print referred to in art. 14b, al. 4 and 5, for the current day; b. records to record and print referred to in art. 14b, al. 4 and 5, regarding the previous 28 days during which he drove the vehicle; c. the driver card.

Introduced by chapter I of O on March 29, 2006, in force since Nov. 1. 2006 (RO 2006 1689).
New content according to chapter I of O on June 30, 2010, in force since Jan. 1. 2011 (2010 3239 RO).
New content according to chapter I of O on June 30, 2010, in force since Jan. 1. 2011 (2010 3239 RO).

Art. Digital 14dTachygraphe of rental vehicles


At the request of the tenant, the car rental companies make available, at the latest one month after the expiry of the rental report, the data stored in the journeys taken by the tenant and that tachograph he cannot access directly. In this respect, the data protection must be guaranteed.

Introduced by chapter I of O on March 29, 2006, in force since Nov. 1. 2006 (RO 2006 1689).

Art. 15 booklet of job the employee holds a work book indicating the duration of his work: a. when it is not able to prove by other means of control (record of the tachograph discs, driver card, print, reports daily and horodateurs), forgotten the source. When it does not exercise its activity according to a rigid schedule.

The employee will use a book at once, even if it is at the service of more of an employer. The work book is personal and untransferable.
The employer will provide the libretto of work with the enforcement authority and hand free to the employee. The work book will be returned to the employer when all leaves are filled or when reports of service end.
The first working day of the following week to the later or in case of races abroad, after the return to Switzerland, the employee will provide the employer control means that it will be used to prove his working time (original perforated sheet weekly of the work book, reports for the use of the enterprise).

New content according to chapter I of O on March 29, 2006, in force since Nov. 1. 2006 (RO 2006 1689).

Art. 16 registry of the duration of the work, of the conduct and the rest has the help of the available means of control, the employer will constantly ensure that the provisions on the duration of the work, driving and rest were observed. Therefor, he scored, for each employee, the following information in a register: a. the daily driving time; (b) the weekly working time and its current average; c. the uptime; d. made daily rest periods and, if they are subdivided, the duration of partial rest; e. made weekly rest time and , in case of reduction, the duration of the thus reduced rest periods; f. working time possibly dedicated to other employers.

Self-employed drivers indicate the following data in a register: a. the daily driving time; b. times made daily rest and, in the case of subdivision, the duration of the partial rest time; c. the time made weekly rest and, in the case of reduction, the duration of the thus reduced rest periods.

For drivers whose daily hours of driving is obviously less than 7 hours, according to a summary control of the tachograph discs, it is not necessary to include the duration of driving in a registry.
At the end of the month at the latest, the registry provided in paras. 1 and 2 must contain all entries relating to the second to last month. For drivers working abroad, it must be established as soon as possible after their return to Switzerland.
At the request of the employee, the employer will receive a copy of the registry.
Employers and self-employed drivers who entrust the keeping of the register or data management to third parties remain responsible for the accuracy of listings, the security and the conservation of the unloaded data as well as full.
The enforcement authority may waive the register the duration of labour, of the conduct and the rest within the meaning of the al. 1 and 2 for drivers performing their professional activity according to a fixed daily schedule which makes it impossible for any offence the provisions on the duration of the work, driving and rest. The waiver decision shows the daily schedule and the name of the driver and, if applicable, the employer, its validity is limited to one year; It will not be renewed if, during the period of exemption, the driver has accomplished more than 20 races outside the schedule.

New content according to chapter I of O on June 30, 2010, in force since Jan. 1. 2011 (2010 3239 RO).
New content according to chapter I of O on June 29, 2011, in effect since Oct. 1. 2011 (2011 3905 RO).
New content according to chapter I of O on June 30, 2010, in force since Jan. 1. 2011 (2010 3239 RO).
Introduced by chapter I of O on June 30, 2010, in force since Jan. 1. 2011 (2010 3239 RO).
New content according to chapter I of O on March 29, 2006, in force since Nov. 1. 2006 (RO 2006 1689).
New content according to chapter I of O on June 30, 2010, in force since Jan. 1. 2011 (2010 3239 RO).

Art. 16adechargement data from the digital tachograph if the vehicle is equipped with a digital tachograph, the employer and self-employed drivers shall ensure that: a. data are extracted from the memory of the digital tachograph and unloaded on a data medium, and external: 1. at least every three months, starting from the first day of registration, 2 unless a tachograph or a vehicle rented or sold to another company or 3. When the tachograph no longer works correctly, but the data can still be unloaded;

b. data are unloaded from the driver card, and this: 1 weekly, 2. in the event of extended absence of the driver, at the latest every 21 days, from the first day of registration, 3 by dissolution of the employment relationship that binds the employee, or4. before the start of the conduct on behalf of another company and with vehicles of this last.

c. the data are unloaded from the corporate card to the latest three monthly, on the first day of registration; d. unloaded of the digital tachograph, driver card data and company card are registered chronologically according to the number of the vehicle and the driver or according to the driver; e. copies of security be immediately established for all data stored on a medium of data separated; f. the registry be held in full according to art. 16, al. 1 or 2; g. their data area to be protected before the first commissioning of the tachograph and this protection is removed before the sale or rental of the tachograph.

Introduced by chapter I of O on March 29, 2006, in force since Nov. 1. 2006 (RO 2006 1689).

Art. 17. other obligations of the employer and the employer driver will divide the employee's work so that it can comply with the provisions on the duration of the work, driving and rest. The employee must notify his employer in a timely, if the work entrusted to him would bring him to violate these provisions.
The employer must ensure that the employee observes the provisions on the duration of the work, driving and rest, correctly takes control and give them him in due time.
The employer will establish a list including the names of drivers, their address and date of birth and, where applicable, the number of the work book.
Employees will not be remunerated based on distances covered, of the volume of transported goods or other benefits that are likely to compromise safety.

Art. 18 obligation to inform the employer and drivers will provide the enforcement authorities all the information necessary for the application of this order and controls.
The employer and self-employed drivers will allow enforcement authorities to access the company and make the necessary investigations.
The employer and all self-employed driver shall keep, for three years, at the headquarters of the company: a. records of registration of the tachograph (art. 14); b. all unloaded the memory of the tachograph and driver card data and different data security (art. 16A); the retention period runs from the time when the data set is unloaded; c. weekly work booklet, similar means of proof sheets and booklets filled with work (art. 15); d. the registry of the duration of the work, driving and rest (art. 16); e. If there is place, the exemption decisions (art. 16 al. (6) the branches that have the vehicles in an autonomous way must retain these documents and these data at their headquarters.
Upon request, documents and data are presented to the authorities of Executive-tion or sent in the form required by them.
The information for statistical or research purposes is based on the provisions of the Federal law of June 19, 1992, on the protection of data, on the order of 14 June 1993 on the Federal law on data protection and the Federal Act of 9 October 1992 on Federal statistics.

New content according to chapter I of O on March 29, 2006, in force since Nov. 1. 2006 (RO 2006 1689).
New content according to chapter I of O on March 29, 2006, in force since Nov. 1. 2006 (RO 2006 1689).
New content according to chapter I of O on March 29, 2006, in force since Nov. 1. 2006 (RO 2006 1689).
New content according to chapter I of O on March 29, 2006, in force since Nov. 1. 2006 (RO 2006 1689).
Introduced by chapter I of O on March 29, 2006, in force since Nov. 1. 2006 (RO 2006 1689).
New content according to chapter I of O on March 29, 2006, in force since Nov. 1. 2006 (RO 2006 1689).

New content according to chapter I of O on March 29, 2006, in force since Nov. 1. 2006 (RO 2006 1689).
RS RS RS 431.01 235.11 235.1 introduced by section I of the O of 29 March 2006, in force since Nov. 1. 2006 (RO 2006 1689).

Section 5 provisions special art. 19Personnes following initial vocational training of driver of heavy vehicles CFC the provisions set out in this paragraph apply only to people undergoing initial vocational training of driver of heavy vehicles CFC (art. 6, para. 2, OAC) until the age of 18 years of age. The duration of work must not exceed nine hours per day; the time spent on mandatory professional courses is considered working time. Working time must be between 5:00 hours and 22:00 hours. the cantons may allow exceptions to the benefit of vocational training. The time of daily rest referred to in art. 9, al. 2, can be shortened.
The person in training and the instructor are subject to control requirements set out in art. 15 during the races of learning, the instructor must: a. Enter initials in addition to the name of the person in training on the record of the tachograph disc; b. use its own drive for registration; OUC. Insert a driver card in the space provided for the passenger in the digital tachograph.

Learning race are counted as driving time, both for the instructor for the person in training.

New content according to section I of the Feb 11 O. 2015, in force since May 1, 2015 (RO 2015 1089).
RS 741.51 art. 20 drivers ancillary drivers whose professional activity is that partially subject to this order (drivers ancillary) haven't law, in all of their professional activity, of exceeding the limits set in this order.
An employer who commits secondary drivers must ensure that the employee does not exceed these limits.
For drivers engaged as accessory and who, apart from this occupation, don't exercise not an another lucrative as employees, such farmers, students, housewives, the fixed executing a number of hours as the basis for the duration of the work insofar as requires it activity they perform primarily.

Section 6 provisions and criminal prosecution art. 21 penal provisions any person who violates the provisions on the duration of labor, management, availability, breaks and rest (arts. 5-11) will be punished by the fine.
Will be punished by the fine any person who violates the provisions on control (arts. 13-18), including anyone who: a. does not use or incorrect use of the means of control, handled incorrectly, do not use or damage (art 13); b. provide to the competent authority for control charts of the false or incomplete information on his person (art. 13A to 13d); c. does not maintain the tachograph in function It is used incorrectly or falsifies records; (d) provides, in documents control and electronic data, false or incomplete information, makes it more difficult reading documents and data, change their content or cause full or partial data erasure; e. used for the digital tachograph tachograph card defective, falsified, not valid, or does not use the map; f. puts his own tachograph card to a third party or using a tachograph card which is not the holder; g... h. manipulates the digital tachograph system so that the latter provides false data.

Any person who violates the duties or requirements to be observed according to special provisions (arts. 19 and 20) will be punished with the fine.
An employer who encourages a driver to commit a punishable act under the present order or does not, according to its possibilities, such an offence is liable to the same penalty as the driver. The judge may mitigate the sentence against the driver or exempt it from any sentence if circumstances warrant.

New content according to chapter I of O on June 29, 2011, in effect since Oct. 1. 2011 (2011 3905 RO).
New content according to chapter I of O on March 28, 2007, in force since July 1. 2007 (2007 2191 RO).
Repealed by section I of the O on March 28, 2007, with effect from Jan 1. 2008 (2007 2191 RO).
New content according to chapter I of O on March 29, 2006, in force since Nov. 1. 2006 (RO 2006 1689).
New content according to chapter I of O on March 28, 2007, in force since July 1. 2007 (2007 2191 RO).

Art. 22 prosecution prosecution is the responsibility of the cantons. In addition to the Township in which the offence was committed, the canton who see is also responsible.
The criminal prosecution should be brought to the attention of the enforcement authority of the canton in which the vehicle is registered.

Section 7 performance art. 23taches of the cantons cantons run this order and designate enforcement authorities as well as the bodies competent to deliver, to remove and to declare invalid the maps control.
Control, on the road and in businesses, the duration of the work and the rest is governed by the Ordinance of 28 March 2007 on the control of road traffic.

The enforcement authorities draw up a list of companies with their head office or a branch in the canton. They maintain a list of work booklets issued to each company.

New content according to chapter I of O on March 29, 2006, in force since Nov. 1. 2006 (RO 2006 1689).
New content according to chapter I of O on June 29, 2011, in effect since Oct. 1. 2011 (2011 3905 RO).
RS 741.013 new content according to chapter I of O on March 28, 2007, in force since Jan. 1. 2008 (2007 2191 RO).
Repealed by no I of O on March 28, 2007, with effect from Jan 1. 2008 (2007 2191 RO).

Art. 24 tasks of the Confederation the federal Department of the environment, transport, energy and communications may issue general instructions for the application of this order.
The federal Office of roads may authorize in individual cases, for compelling reasons, the derogations to certain provisions.
The federal Office of roads determines the shape and appearance of the maps of tachograph in accordance with international requirements and distributes them.
Federal Customs Administration is responsible for issuing, withdraw and declare invalid business cards.
The federal roads Office is responsible for issuing, withdraw and declare invalid driver cards and business cards.

New expression according to art. 1 c. 21 o on June 22, 1998, in force since Jan. 1. 1998 (RO 1998 1796).
New expression according to art. 1 c. 21 o on June 22, 1998, in force since Jan. 1. 1998 (RO 1998 1796).
Introduced by chapter I of O on March 29, 2006, in force since Nov. 1. 2006 (RO 2006 1689).
Introduced by chapter I of O on March 29, 2006, in force since Nov. 1. 2006 (RO 2006 1689).
Introduced by chapter I of O on June 29, 2011, in effect since Oct. 1. 2011 (2011 3905 RO).

Section 8 provisions transitional art. 25. up to December 31, 2013, the weekly rest period may also be adjourned pursuant to art. If the vehicle is equipped with an analog tachograph 11 a.
Until December 31, 2013, in the case of transport between 10 pm and 6:00, the driving time should not be reduced to three hours according to art. 11. new content according to chapter I of O on June 30, 2010, in force since Jan. 1. 2011 (2010 3239 RO).

Art. 26 to 28 repealed by section I of the O on March 29, 2006, with effect from Nov. 1. 2006 (RO 2006 1689).

Section 9 entry into force art. 29. this order comes into force on October 1, 1995.

RO 1995 4031 RS 741.01 new content according to chapter I of O on June 30, 2010, in force since Jan. 1. 2011 (2010 3239 RO).

State may 1, 2015

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