(1) This Convention shall apply to employed drivers of motor vehicles engaged in domestic or international carriage by road of goods or persons, that such drivers are employed in Transport undertakings on behalf of others or in undertakings engaged in the transport of goods or persons on their own account.

2. Except as otherwise provided in this Convention, the latter shall also apply, where they are occupied as drivers, to the owners of motor vehicles engaged in road transport professional Non-salaried family members.

The competent authority or body in each country may exclude from the application of the provisions of this Convention or of certain of them persons employed to drive a vehicle engaged in:

(a)

Urban transport or certain types of transport, taking account of their own technical operating conditions and local conditions;

(b)

Transport of agricultural or forestry undertakings to the extent that such transport is operated by tractors or other equipment assigned to local agricultural or forestry works and is used exclusively for the operation of those undertakings;

(c)

The transport of sick and injured persons, the transport of rescue services and transport services for fire-fighting services;

(d)

Transport for national defence and police services as well as transport for other essential services of public authorities insofar as these latter types of transport do not compete with those Carried out by transport companies for the purpose of ostrice;

(e)

Taxi transportation;

(f)

Transport which, by reason of the types of vehicles used, their capacity to transport persons or goods, limited routes which they carry out or maximum permitted speeds, may be regarded as not requiring a Special rules on driving and rest periods.

2. The competent authority or body in each country shall establish adequate standards for the duration of driving and rest to be applied to drivers excluded from the application of the provisions of this Convention, or of some of them, In accordance with the provisions of s. 1 above.

Organisations representing employers and workers concerned shall be consulted by the competent authority or body in each country before decisions are taken on any matter covered by the provisions of the Convention.

For the purposes of this Convention, the term "working time" means the time spent by employed drivers:

(a)

Driving and other work during the vehicle traffic period;

(b)

Auxiliary work relating to the vehicle, its passengers or its load.

2. Periods of mere presence, waiting or availability, past on the vehicle or in the workplace and during which drivers do not freely have their time, may be considered as part of the duration of the Work in a proportion to be determined in each country by the competent authority or body, by collective agreements or by any other means in accordance with national practice.

1. No driver shall be allowed to drive beyond a continuous period of four hours at most without taking a break.

2. The competent authority or body in each country may, taking into account the specific conditions at the national level, authorize an exceedance of one hour to the maximum of the period mentioned in par. 1 above.

3. The duration of the break referred to in this Article and, where appropriate, its splitting shall be determined by the competent authority or body in each country.

4. The competent authority or body in each country may specify cases where the provisions of this Article will be inapplicable due to the fact that drivers have sufficient breaks in driving as a result of interruptions Scheduled or as a result of the intermittent nature of the work.

The total maximum driving time, including overtime, shall not exceed nine hours per day or forty-eight hours per week.

2. The total driving times referred to in par. 1 above can be calculated on average over a number of days or weeks to be determined by the competent authority or body in each country.

3. The total hours of driving fixed in subs. 1 above must be reduced in transport under particularly difficult conditions. The competent authority or body in each country shall determine transport under such conditions and shall set the total hours of driving to be applied to the drivers concerned.

1. Every salaried driver is entitled to a break after five continuous hours of work, as defined in s. 4, para. 1, of this Agreement.

2. The duration of the break referred to in s. 1 above and, where appropriate, its fractionation must be determined by the competent authority or body in each country.

The daily rest period for drivers shall be at least ten consecutive hours during any period of twenty-four hours from the start of the working day.

2. The daily rest period may be calculated on average over periods to be determined by the competent authority or body in each country, on the understanding that it shall in no case be less than eight hours or less than eight hours more than twice Per week.

The competent authority or body in each country may provide for different daily rest periods depending on whether it relates to the carriage of passengers or goods, or according to whether the rest is taken at the driver's place of residence or Outside the latter, provided that the minimum durations stipulated in s. 1 and 2 of this article are complied with.

4. The competent authority or body in each country may provide for daily rest periods and rest arrangements which derogate from the provisions of s. 1 and 2 of this article for vehicles of which the crew comprises two drivers and for vehicles using a ferry or a train.

5. During the daily rest period, the driver shall not be required to remain on or near the vehicle when taking the necessary precautions to ensure the safety of the vehicle and its load.

The competent authority or body in each country may permit, as temporary derogations but only to the extent necessary to carry out the necessary work, extensions of the driving period, extensions of The duration of continuous employment as well as reductions in the daily rest period referred to in s. 5, 6, 7 and 8 of this Agreement:

(a)

In the event of accidents, troubleshooting, unexpected delay, disruption of service or interruption of traffic;

(b)

In case of force majeure;

(c)

In the event of an urgent and exceptional need for the operation of services of public interest.

2. Where the national or local conditions in which road transport is carried out do not lend themselves to the strict observance of art. 5, 6, 7 or 8 of this Convention, the competent authority or body in each country may also authorise extensions of the period of driving, extensions of the duration of continuous employment and reductions in the length of rest The daily referred to in these Articles and to authorize derogations from the application of s. 5, 6 or 8 to the drivers referred to in s. 2 of the art. 1 above. In such a case, the Member concerned shall, by means of a declaration annexed to its ratification, describe these national or local conditions and the extensions, reductions or derogations authorised under this paragraph. Such a Member must indicate in its reports to be submitted under s. 22 of the Constitution of the International Labour Organization ¹ What progress has been made towards a stricter or wider application of art. 5, 6, 7 and 8 above and may, at any time, cancel the declaration by a subsequent declaration.

1. The competent authority or body in each country shall prescribe:

(a)

The establishment of an individual control booklet, the conditions of its issue, its contents and the manner in which it is to be kept by the drivers;

(b)

A procedure for reporting hours of work under the provisions of s. 9, para. 1, of this Agreement and the circumstances which justified them.

2. Each employer must:

(a)

To keep, in a form approved by the competent authority or body in each country, a statement indicating the hours of work and rest of any driver employed by him;

(b)

Make this statement available to the supervisory authorities in conditions to be determined by the competent authority or body in each country.

3. Traditional means of control referred to in s. 1 and 2 of this Article must, if necessary for certain categories of transport, be replaced or supplemented, to the extent possible, by the use of modern means, such as, for example, tachographs, according to the Rules to be established by the competent authority or body in each country.

The competent authority or body in each country shall provide:

(a)

An adequate inspection system, with controls in companies and on the roads;

(b)

Appropriate penalties for infringements.

To the extent that they are not enforced through collective agreements, arbitral awards or otherwise in accordance with national practice, the provisions of this Agreement shall be applied by way of Legislative or regulatory.

This Convention reviss the Convention on working hours and rest (road transport), 1939.

The formal ratifications of this Convention shall be communicated to and registered by the Director General of the International Labour Office.

(1) This Convention shall only bind the Members of the International Labour Organization whose ratification has been registered by the Director General.

2. It shall enter into force twelve months after the ratifications of two Members have been registered by the Director General.

3. Thereafter, this Convention shall enter into force for each Member twelve months after the date on which its ratification has been registered.

1. Any Member having ratified this Convention may denounce it at the expiration of a period of ten years after the date of the initial entry into force of the Convention by an act communicated to the Director General of the International Labour Office And by registered him. The denunciation shall take effect only one year after being registered.

2. Any Member having ratified this Convention which, within one year of the expiration of the ten-year period referred to in the preceding paragraph, shall not make use of the right of denunciation provided for in this Article shall be bound For a new period of ten years and thereafter may denounce this Convention at the expiration of each ten-year period under the conditions laid down in this Article.

The Director General of the International Labour Office shall notify all Members of the International Labour Organization of the registration of all ratifications and denunciations made available to it by the Members of the Organization.

2. By notifying the Members of the Organization of the registration of the second ratification which has been communicated to it, the Director General shall call the attention of the Members of the Organization on the date on which this Convention enters into force Vigor.

The Director General of the International Labour Office shall communicate to the Secretary-General of the United Nations, for the purposes of registration, in accordance with art. 102 of the United Nations Charter ¹ , complete information about all ratifications and all acts of denunciation which it has registered in accordance with the previous articles.

Whenever it deems it necessary, the Governing Council of the International Labour Office shall submit to the General Conference a report on the application of this Convention and consider whether it should be included in the agenda of the Conference the question of its total or partial revision.

1. In the event that the Conference adopts a new convention for the total or partial revision of this Convention, and unless the new Convention provides otherwise.

(a)

Ratification by a Member of the new revision agreement would automatically entail, notwithstanding s. 16 above, immediate denunciation of this Convention, provided that the new revision agreement has entered into force;

(b)

From the date of entry into force of the new revision agreement, this Convention shall cease to be open for ratification by Members.

(2) This Convention shall in any case remain in force in its form and content for Members who have ratified it and which do not ratify the revised Convention.

The English and French versions of the text of this Agreement are equally authentic.

(Suivent signatures)