¹ This order regulates the duration of the work, driving and rest periods of professional drivers of motor vehicles assigned to the carriage of persons, who are not subject to the order of 19 June 1995 on drivers (OTR 1) ² ; it also regulates the controls to which they are subject, as well as the obligations of their employers.

² The provisions of the Federal Act of 13 March 1964 on labour ³ , in particular the provisions on compensation for night work, are reserved. ⁴

¹ The following abbreviations are used in this order:

A.

CRL for the Federal Highway Traffic Act;

B. ¹

OETV for the order of 19 June 1995 concerning the technical requirements for on-road vehicles ² ;

C.

FVO for the Motor Insurance Ordinance of 20 November 1959 ³ ;

D. ⁴

JRC for the order of 28 March 2007 on traffic control ⁵ ;

E.

DETEC ⁶ For the Federal Department of the Environment, Transport, Energy and Communication ⁷ ;

F. ⁸

OFROU for Federal Roads Office ⁹ .

² For the purposes of this order:

A. ¹⁰

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

B.

Self-employed driver, who is not employed by an employer or is not subject to reporting relationships and who is alone in deciding on 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. Also deemed to be self-employed drivers are the spouse of the business owner, the ascendants or descendants and their spouses, as well as the children of his or her spouse;

C.

An employee who is not an independent driver, in particular the person who drives a vehicle while employed by an employer or is subject to reporting relationships;

D.

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

E. ¹¹

Duration of work, the time during which the employee is to be available to the employer; it also includes the mere time of presence and breaks less than one quarter of a time; the duration of the work also includes the time during which The employee carries on a gainful occupation for another employer.

F. ¹²

Duration of driving, time spent driving one of the vehicles mentioned in art. 3, para. 1;

G.

Occupational activity, the duration of an employee's work or the duration of the conduct if the driver is an independent driver;

H. ¹³

Enforcement authority, the authority which is competent under the cantonal law to carry out checks on the road and in undertakings (Art. 31, para. 1). Art. 4 OCCR applies to controls carried out by customs offices.

¹ This order applies to drivers of light motor vehicles (art. 10, para. 2, OETV), heavy passenger cars (art. 11, para. 2, let. B, OETV), of buses with no more than 16 seats in addition to the driver's seat (Art. 11, para. 2, let. D, OETV in relation to art. 4, para. 2 ^Bis , OTR 1 ¹ ) And light motor quadricycles, motor quadricycles and motor tricycles (art. 15 OETV), which are used for the carriage of persons in professional capacity. ²

^1bis The following shall be deemed to be professional racing which is carried out on a regular basis by a driver or with a vehicle, in order to achieve an economic gain. Races are regular if carried out at least twice in intervals of less than 16 days. Economic profit is deemed to be realized when the cost of the race exceeds the cost of the vehicle and the cost of the driver's expenses. ³

^1ter Also considered as professional transport of persons is the transport of persons carried out by means of rental vehicles with driver. ⁴

² Where a driver travels abroad with a vehicle registered in Switzerland with a maximum of eight seats, in addition to the driver's seat, this order shall apply unless the international agreements ratified by Switzerland Contain more severe clauses. Drivers of vehicles with more than eight seats, in addition to the driver's seat, are governed by the OTR 1. ⁵

³ Drivers travelling in Switzerland with foreign-registered vehicles (drivers of foreign vehicles) are required to observe the art. 7 to 11 of this Order, subject to international agreements that have been ratified by Switzerland. ⁶

⁴ This order applies to employers only as they expressly impose obligations on employers.

¹ This order does not apply to drivers engaged in the professional transport of persons:

A.

By means of vehicles fitted for the transport of sick or injured persons and equipped with special alarms (art. 82, para. 2, and 110, para. 3, let. A, OETV);

B.

By means of vehicles whose maximum speed does not exceed 30 km/h, by their construction;

C.

For disabled persons, schoolchildren or workers;

D.

For which the price of the race is included in other benefits and the length of the journey does not exceed 50 km. ¹

² ... ²

³ Where a vehicle referred to in s. 3, para. 1, is used to conduct a private race, only art. 15 to 16 A And 23 are applicable. ³

⁴ This order does not apply to drivers who are subject to federal labour legislation in public transport undertakings ⁴ And carry out only transport governed by this legislation. Where it applies only to part of their professional activity, the total duration of that activity shall not, however, exceed the limits laid down in this order. Means of control (art. 14) must be used for all occupational activity.

¹ The maximum length of the employee's work week is 48 hours and, in taxi companies, is 53 hours.

² ... ¹

³ In companies working in teams, employees will change teams every six weeks at least, provided they have not specifically approved another plan.

¹ The maximum duration of the work week (s. 5, para. 1 and 2) may be extended by 4 hours of overtime. 2 additional hours are allowed per week during periods when the company is experiencing an intense activity of extraordinary character (p. Ex. Seasonal fluctuations). However, the total overtime worked per calendar year shall not exceed 208.

² When an employee performs more than 4 hours in a week, his employer is required to inform the executing authority in a quarterly report to be submitted within 14 days of the end of the quarter.

³ Additional work may be compensated, in the form of additional remuneration according to the code of obligations ¹ , or by a leave of the same duration at least. Such compensation must take place within three months, unless the employer and the employee have agreed to a longer period; this period cannot in any case exceed twelve months.

¹ The duration of the conduct between two consecutive periods of daily rest (Art. 9) must not exceed 9 hours. ... ¹

² The weekly driving time must not exceed 45 hours.

³ Even in the case of additional work (art. 6), the maximum daily and weekly driving time shall not be exceeded.

¹ After 4 h. 30 driving, the driver must observe a break of at least 45 minutes, unless you start a daily rest period or a weekly rest period immediately afterwards. If the driver paused before 4 h. 30 of driving has passed, a 30-minute break or two breaks of 20 minutes each is enough. During breaks, the driver will not drive any vehicle.

² At the latest after 5 hours of work. 30, the employee must respect a break time, unless he immediately begins a daily rest period or a weekly rest period. During breaks, the employee will not engage in any professional activity.

³ Work breaks will be observed as follows:

A.

When the duration of the daily work is equal to or less than 7 hours: a break of at least 20 minutes;

B.

When the duration of the daily work is more than 7 hours but does not exceed 9 hours: a break of at least 30 minutes or two breaks of at least 20 minutes each;

C.

When the daily working time is longer than 9 hours: a break of at least one hour or two breaks of at least 30 minutes each or three breaks of at least 20 minutes each.

⁴ By distributing the breaks defined in para. 3, the employee will also ensure not to exceed 5 hours. 30 work between two work breaks or between a work break and a daily or weekly rest period.

¹ The driver must have been granted a rest period of 11 consecutive hours during the 24-hour period immediately preceding his or her professional activity. This rest can be reduced three times a week to 9 hours. ¹

² In the space of 24 hours, the driver has the right to divide the daily rest period in three periods, if

A.

One of the periods is at least 8 hours,

B.

No period is less than 1 hour and

C.

The rest lasts at least 12 hours in total. ²

³ During daily rest periods, the driver shall not engage in any professional activity.

¹ Each week, the employee must observe a rest period of at least 24 consecutive hours. Daily rest (art. 9) shall immediately precede or follow the weekly rest period. Except in the cases provided for in para. 2, the weekly rest day must coincide with a Sunday or a holiday; the employee should be able to pass it to his or her home.

² The employer is required to give annually, to employees called to work on Sunday, at least 20 days of rest coinciding with a Sunday or a holiday. ¹ The 24-hour rest period intended to compensate for Sunday's work must be granted one of the six working days immediately preceding or following the Sunday of work; it must not start after 06.00 or end before 20.00 hours. Between two days of rest, there will be no more than twelve days of work.

³ The day of rest shall be deemed to coincide with a Sunday or a holiday when, within 24 consecutive hours, at least 18 consecutive hours fall on a Sunday or a holiday.

⁴ The independent driver shall, within two weeks, observe two days of rest, each of at least 24 consecutive hours. Between two days of rest, he may exercise his professional activity for up to twelve days.

⁵ During the day of rest (al. 1 and 4), it is not permitted to engage in a professional activity.

¹ An employee whose working hours are spread over more than five mornings and afternoon of the week is entitled, in addition to the weekly rest period, to a half day of leave per week.

² The employee may, with the agreement of his employer, take the half-days of weekly leave relating to four consecutive weeks of work, provided that the postponement of such leave does not result in any excess of the maximum duration of the Work set out in s. 5 and 6; days off should be taken during the same four-week period.

³ The duration of the half day of weekly leave shall be 5 consecutive hours between 07.00 and 18.00 hours. A day of leave consisting of two half days shall include the full range from 07.00 to 18.00 hours, daily rest (art. 9) to be taken immediately before or after.

It is prohibited to compensate for both daily rest periods (art. 9) and weekly (art. 11) that the half-day of weekly leave (art. 12) by money or other benefits, except at the end of service reports.

To control whether the duration of work, driving and rest has been observed (art. 5 to 12), one should be based in particular:

A. ¹

On the indications registered by the tachograph (art. 15 and 16 A );

B.

On the entries made in the work booklet (Art. 17 and 18), the daily reports on the use of the undertaking (art. 19, para. 1) or control cards (s. 25, para. 4);

C.

On entries in the register of the duration of work, driving and rest (Art. 21).

¹ As long as it is in or near the vehicle, the driver must keep the tachograph continuously in function during his professional activity and use it in such a way that the duration of the driving and the other Works as well as breaks are correctly indicated and clearly attributed to the driver that this concerns.

² When private racing is carried out with the vehicle, the tachograph shall be kept continuously in function; the position "Pause" (position "0" or "chair") must be chosen. If the break position does not make it possible to distinguish clearly between private and professional races, the driver will maintain a permanent control of the private races he carries out. ¹

³ At the request of the implementing authorities, the driver shall open the tachograph and give the relevant information. It can open it en route to control its operation, but not more than once a day.

¹ The driver shall carry in his vehicle sufficient discs or sets of new discs suitable for the tachograph; if the day before was a working day he shall also carry the disc comprising the entries of that day or a copy thereof Entries. Only approved discs can be used, which are allowed for the device mounted in the vehicle. The driver must carefully conserve these discs.

² The driver will not use more than one disc per vehicle per day, and each disc will be used only once. Where more than two drivers perform all their daily work on the same vehicle equipped with a tachograph used for daily recording (shift work), the executing authority may authorise each driver to Use an individual disk, provided that all the daily work performed by the driver is recorded and allows for more effective control. The validity of the authorisation will be limited to one year; the OFROU ¹ Will receive a copy of this authorization. The latter may admit other exceptions in particular cases.

³ Every day, before resuming the vehicle, the driver shall enter legibly, on the tachograph disc used for the daily recording, his name and the name of the second driver if applicable, as well as the date, the number of the plates of Control of the vehicle and mileage at the beginning of the race. At the latest at the end of the work, he will note the new mileage and the total kilometres travelled; if there is a change in drivers, he will correct the names.

⁴ In weekly tachographs, the driver will introduce a complete weekly set of discs on the first day of work of the week before retaking the vehicle; the first disc shall bear the inscriptions referred to in para. 3. At the end of the current week, the driver will release the full set of discs from the tachograph and record on the first disc of the game the new mileage and the total of the kilometres driven. At the same time, it will report the names on the other disks.

⁵ Special daily discs may be used in appropriate weekly tachographs; on these discs, the recordings shall be made in accordance with para. 3. However, the implementing authority may, in certain cases, prescribe the use of weekly games, where the use of daily discs does not allow for effective control. Such a decision must be notified in writing to the person concerned, indicating the reason; the OFROU will receive a copy of that decision.

⁶ When the vehicle is driven, on the same day, by more than two drivers, the additional drivers must enter their names, depending on whether they have used the position "1" or "2" of the tachograph, next to the name of the driver 1 or 2; they may Also enter their names, followed by the appropriate indication "1" or "2", on the unburned field of the disc.

^6bis ... ²

⁷ Optional enrollments will be carried in such a way that the reading of the disc remains easy.

⁸ The discs and sets of discs used must be given to the employer no later than the first working day of the following week and, at the time of racing abroad, after the return to Switzerland. Each disk set will be stapled. Disks and disc sets should be classified and kept in chronological order and by vehicle (art. 23, para. 3).

If the vehicle is equipped with a digital tachograph in accordance with Annex I B of Regulation No ^O 3821/85 ³ Or an analogue tachograph in accordance with Annex I to that regulation, or if it is equipped with a tachograph which the Federal Council has deemed equivalent (Art. 222, para. 9, let. C, OETV), s. 13-15, 16 A , 18 and 21, para. 2, OTR 1 ⁴ Apply to the place of art. 14, 15, para. 1 and 3, 16, 17, 18, 23 and 28, para. 2, of this Order.

¹ The driver will take in each race a work booklet, which he will present on request to the executing authority and will fill in a legible and indelible writing.

² The workbook contains weekly sheets and daily sheets on which the driver will manually record information about the duration of work, driving and rest periods that are required for the controls. The OFROU decides on the content, layout and dimensions of the workbook. The OFROU of construction and logistics ¹ Publishes it and makes it available to the cantons at the cost of return.

³ The driver 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.

⁴ If someone, who is not intended as a driver of the vehicles referred to in s. 3, must unexpectedly drive such a vehicle without being in possession of a work booklet, he will immediately announce it to the executing authority and will fill the working booklet after the fact.

⁵ Employers and self-employed drivers will obtain the workbooks from the executing agency. The employer shall give the workbook free of charge to the driver, instructing the driver to complete it in accordance with the requirements and always carry it in his or her movements.

¹ As soon as the workbook is received, the driver must complete the guard page.

² The employee shall, on a daily basis, enter the following information under the headings of the weekly sheet:

A.

Starting work: the length of the uninterrupted rest that preceded the start of the work and the time at which the work begins;

B.

Before starting the race: the number of the control plate of the vehicle it will lead;

C.

At the end of the day: the time when the job ends.

³ The self-employed driver will record the following information each day, next to the weekly sheet headings:

A.

Before starting the race: the duration of the uninterrupted rest preceding the start of the race, the time of departure and the number of the control plate of the vehicle it will lead;

B.

At the end of the race: the time at which it ended.

⁴ In addition to the weekly paper, the driver will complete the daily workbook's daily sheets:

A.

When the tachograph does not work; or

B.

When the vehicle has already been driven, on the day in question, by two drivers.

⁵ In commencing work, the employee, who is required to complete the daily sheet, shall record the date, control plate number and mileage of the vehicle on a daily basis, as well as the uninterrupted rest period prior to the commencement of the work. The graphic indications shall be made on an ongoing basis, i.e. at the beginning of the work, with each change of activity (driving time, other work, breaks and rest time), and at the end of the work. Breaks of less than 15 minutes should not be recorded. At the end of the work, the driver will record the total duration of each type of activity and the new mileage, and then sign the sheet.

⁶ Before undertaking the race, the independent driver who is required to complete the daily sheet shall record the date, control plate number and mileage of the vehicle on a daily basis, as well as the duration of the uninterrupted rest preceding the day of the race. Race. It will then be sufficient to indicate the driving time in the form of a graph. At the end of the professional activity, the self-employed driver will record the total driving time and the new mileage, and then sign the sheet.

⁷ 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 driver shall give the employer the weekly and daily sheets of the completed workbook (originals Perforated) and, where applicable, the daily reports for the use of the undertaking and the control cards (art. 19, para. 1, and 25, para. 4).

⁸ The workbook will be returned to the employer when all sheets are completed or when service reports are completed.

⁹ It is also necessary to observe the "Guidelines for the Maintenance of the Working Book" prepared by the OFROU, which are submitted with the working booklet.

¹ The implementing authority may exempt from completing the weekly sheet of the working book the drivers who register, on a daily basis, in the reports for the use of the undertaking, the duration of the work performed and the indications provided for in art. 18, para. 2 and 3; the exemption decision will state that the daily sheet must be completed in the cases provided for in s. 18, para. 4. This decision shall be made in the name of the driver and shall be limited to two years; it may be extended if the daily reports for the use of the undertaking provide perfect control.

² The driver will, with the work booklet, take the exemption decision established under para. 1 as well as the daily reports of the current week for the use of the business or a duplicate of these reports.

³ The implementing authority may exempt from filling the daily and weekly worksheets of the working booklet a driver who carries out his or her professional activity according to an invariable daily schedule, which makes it impossible for any offence to be The order; the exemption decision will state that the daily sheet must be completed when the tachograph does not work (s. 18, para. 4, let. (a). Before issuing an exemption, the authority will verify by means of the tachograph discs if the schedule submitted by the applicant has been observed. The waiver decision indicates the driver's schedule and name, with its validity limited to one year; it will not be renewed if, during the exemption period, the driver has completed more than twenty races outside of the schedule.

⁴ The driver will, with the work booklet, take the exemption decision established under para. 3.

⁵ The OFROU may provide instructions for the authority to establish daily reports on the use of the business and schedules, in accordance with paras. 1 and 3.

⁶ The exemption decision (par. 1 and 3) is valid only in Switzerland. In other countries, the working booklet must always be completed.

¹ In the event of necessity, in particular for reasons of force majeure or to provide relief, the driver may derogate from the provisions on duration of work, driving and rest (art. 5 to 12), where this is compatible with road safety and the situation actually requires it. The reason and the extent of the derogation will be mentioned in the working booklet and in the register of working time, driving and rest (Art. 21).

² Derogations based on necessity cases will be compensated by the driver as soon as possible, but no later than the end of the following week.

¹ Using available means, such as weekly tachograph discs and disc sets, weekly and daily workbook sheets, and, where applicable, daily reports for business use or maps Control (art. 19, para. 1, art. 25, para. 4), the employer will ensure consistently that the provisions on duration of work, driving and rest (art. 5 to 12) are observed. For this purpose, it shall record, for each driver, the following particulars in a register:

A.

The daily duration of driving;

B.

The total duration of the work per day and week;

C.

The number of overtime worked and compensated in a week and in the calendar year;

D.

Weekly rest days and half days of weekly leave;

E.

Time spent serving other employers.

² For employees whose duration of service per day is clearly less than 7 hours according to a summary check of the tachograph discs, it is not necessary to enter the duration of the driving in the register; it is sufficient To include it in the total duration of daily work (par. 1, let. (b).

³ For self-employed drivers, it is sufficient to indicate in the register the daily duration of driving and weekly rest; para. 2 shall apply mutatis mutandis.

⁴ For drivers exempted according to Art. 19, para. 3, to maintain a working booklet, a duplicate of the exemption decision may replace the register. Any possible overrun of the working week, fixed in the decision, must, however, be noted in the register.

⁵ At the end of the month at the latest, the register provided for in paras. 1 and 3 shall contain all entries relating to the penultimate month. For drivers working abroad, the register must be established as soon as they return to Switzerland. ¹

⁶ The employer holding the register by third parties remains responsible for the accuracy of the entries.

¹ The employer shall allocate the professional activity of the driver in such a way that the driver can comply with the provisions on the duration of work, driving and rest (art. 5 to 12). If it is not possible for the driver to comply, the driver must notify his employer in a timely manner.

² The employer must ensure that the driver observes the provisions on the duration of work, driving and rest (art. 5 to 12), properly maintain the means of control (art. 15 to 19) and remits them in due course.

³ The employer shall make available to the driver the work booklet and the keys and discs necessary for the use of the tachograph. In such cases, the driver shall notify his employer as soon as possible of any defect in the tachograph.

⁴ The employer will establish a list containing the names of the drivers, their address and date of birth and the numbers of their work books.

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 any independent driver will allow the executing authority to enter and investigate the business.

³ The employer and any independent driver will keep for two years at the company's headquarters:

A.

The register of the duration of work, driving and rest (art. 21);

B. ¹

The weekly tachograph discs and games (art. 16 and 16 A );

C.

Weekly and daily workbook sheets and completed workbooks (s. 18);

D.

If applicable, daily reports to the use of the business (s. 19, para. 1), control cards (art. 25, para. 4), authorizations (s. 16, para. 2) and exemption decisions (s. 19, para. 1 and 3).

⁴ Branches that dispose of vehicles independently are required to keep these records at their headquarters.

⁵ Upon request, the documents will be presented or sent to the implementing authorities.

¹ The cantons may, for taxi drivers operating in urban agglomerations, lay down requirements derogating from s. 5, 6, 8, 9, 11, 12, 17, 18 and 21 and may even declare that these requirements will also apply to self-employed taxi drivers. The cantons may delegate this competence to the communes.

² ... ¹

³ The cantons monitor the application of the municipal requirements.

⁴ The cantons may prescribe that taxi drivers must complete, instead of the work book (art. 17 and 18), control cards. These must contain the main indications laid down in the working booklet. ²

¹ The provisions concerning employees shall apply mutatis mutandis to drivers whose occupational activity is only partially subject to the said order (drivers on an ancillary basis).

² An employer who engages drivers as an accessory must ensure that their main and ancillary professional activity does not exceed the limits laid down in this order.

³ For drivers engaged in an ancillary capacity and who, apart from that occupation, do not engage in another gainful occupation as employees, such as farmers, students, housewives, pensioners, the implementing authority shall fix a Number of hours as the basis for the duration of the work to the extent that it requires the activity they carry out in their main or private profession.

¹ Any person who contravening the provisions on duration of work, conduct and rest (art. 5 to 13) will be punished with the fine. ¹

² Every person who breaks the control provisions shall be liable to the fine (art. 15 to 23), including: ²

A. ³

Does not use or make improper use of the means of control;

B. ⁴

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

C. ⁵

Makes an inscription contrary to the truth or incomplete on a control document, in particular on the record of the tachograph, in the register of the duration of work, driving and rest, in the working booklet or on the list of drivers, Making it difficult to read the registration;

D.

... ⁶

³ Any person who violates the duties or requirements to be observed in accordance with the special provisions (art. 25 and 27) will be punished with the fine. ⁷

⁴ An employer who incited a driver to commit an act punishable under this order or who has not prevented such an offence, is 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.

The competent authority may order administrative measures where a breach of this order constitutes a de facto state of practice. 14 or 16 of the CRL.

¹ The cantons shall execute this order. They shall designate the competent authorities for the execution. ¹

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 ² . ³

³ ... ⁴

⁴ The executing authority shall draw up a list of undertakings having their registered office or a branch in the canton and who use vehicles mentioned in art. 3. It maintains a list of work books issued to each company.

⁵ The executing authority is required to examine denunciations for non-compliance with this order and, when proven to be well-founded, to take the necessary action. If, in the event of a denunciation, it does not intervene or takes only insufficient measures, the higher authority and, where appropriate, the OFROU may be seized.

¹ The OFROU shall exercise high supervision over the execution of this order by the cantons; it may give the implementing authorities directives in special cases and authorise, for compelling reasons, derogations from certain Provisions.

² The DETEC may issue general instructions for the application of this order.

The order of 18 January 1966 on the duration of work and rest of professional drivers of motor vehicles ¹ Is repealed.

This order shall enter into force on 1 ^Er September 1981.