When several drivers drive one car, fuel consumption is recorded separately for each of them.

May 21, 2020 1228

4

It is important for the driver to observe the work and rest schedule (WRO), not only because violations are subject to a fine. The consequences of violations of the regime - overwork and inattention - often lead to accidents on the roads. Izvestia cites the following statistics: more than half of all road accidents are associated with driver fatigue. In this article we will tell you:

• What schedule can a driver work on?
• Recording the driver's working time: how many hours a day he can work.
• What is included in the driver's working time?
• What types of driver rest are there?
• What is the difference between the work and rest schedules of bus, truck and taxi drivers?
• Who controls the driver’s work and rest schedule and how.
• Fines for violations of the work and rest schedule of drivers.
• How to pay a fine for violating the RTO.

What schedule can a driver work on?

The driver’s work and rest schedule must be recorded in the Internal Labor Regulations (ILR) of the organization in which he works and specified in the employment contract. The duration of working hours, the number of breaks and days off are regulated by the driver’s schedule. They come in three types:

• Removable. The driver goes to work on his shift - day, evening or night based on the shift schedule that the employer draws up monthly.
• Explosive. A driver's work shift consists of several periods with breaks between them, because the intensity of transportation is uneven throughout the day. This helps avoid overtime. The total duration of working periods fits into the norms of the Labor Code of the Russian Federation. The first break during a discontinuous schedule may occur no earlier than 4 hours from the start of the shift.
• Irregular. The driver is called to work as needed, often outside the established working hours.

Driver working time tracking

The features and duration of working hours for drivers are prescribed in Order of the Ministry of Transport No. 15 “On approval of the Regulations on the peculiarities of working hours and rest time for car drivers.” Depending on the schedule and nature of the work, the organization uses one of two methods for recording the working time of the driver employee.

1. Daily. The maximum working time does not exceed 40 hours per week. With a five-day week - 8 hours a day, with a six-day week - 7 hours a day.
2. Summarized. Over the course of a day or week, a driver may work more than normal. The main thing is that the total time worked does not exceed the monthly norm. This accounting method is used if, due to the specifics of the work, there is a need to extend the work shift. For example, with an irregular schedule.

With the summarized accounting method, working hours can be increased to 10 hours, but no more than twice a week. The total driving time per week should not exceed 56 hours, and for two consecutive weeks - 90 hours.

In exceptional cases, working hours can be increased to 12 hours for drivers employed in:

• passenger transportation in the city or suburbs,
• transportation over long distances to get to a vacation spot.

Such overtime shall not exceed 4 hours over two consecutive days and 120 hours per year.

If the trip lasts more than 12 hours, two drivers will take over, and the vehicle must be equipped with a place to sleep.

Working without transportation costs is working from home

An office employee not only spends his time on the road, but also money on transportation. By bus, of course, it’s cheap (about 1,500 rubles per month), but I would like more comfortable conditions. Let's calculate how much it costs to maintain a car.

Let's take an average car (Corolla, Solaris, Ford Focus):

• 600,000 rubles - the cost of the car, 8,000 - 12,000 rubles - the monthly loan payment;
• 5000 rub. – tax once a year;
• 12,000 rub. – OSAGO;
• 1300 rub. – gasoline for a week;
• 15,000 rub. – Maintenance once a year;
• 4,000 rub. – “change shoes” 2 times from winter wheels to summer wheels and vice versa;
• 3000 rub. – parking if 100 rubles/night.

And now for unexpected expenses:

• Fines – speeding, illegal parking, seat belts;
• Long distances;
• Accidents, punctures, tire fitting;
• Tuning, floor mats, music, steering wheel furs, seat covers.

If we assume that the car is not on credit, but bought with your own money, then about 8,000 rubles are spent on it every month. This takes into account the fact that you place it under the windows of the house, and not in a parking lot, drive only according to the rules, and store the wheels on your balcony.

That’s right, when I had my own car (Corolla), I spent about 6,000 rubles on gasoline. per month. The most interesting thing is that now (without a car) I spend about 3,000 - 4,000 rubles a month on a taxi. For me, having my own car is much more expensive than taking a taxi.

Spacious trunk of my former car.

You say: “But this is your own car. First I bought it, then I sold it.” Keep in mind that cars age and become cheaper. If you bought a car for 600 thousand, then how much will you sell it for in a couple of years? Thousands for 500 - 540, no more.

What is included in a driver's working time?

In addition to driving the vehicle, the following are taken into account when calculating the driver’s working time:

• Preparation for the flight and final work after returning to the organization. When traveling long distances and intercity transportation, the time spent working at the transit point is additionally taken into account. The composition and duration of these works are established by the employer in agreement with the organization's drivers.
• Pre- and post-trip medical examinations. Their duration is also set by the manager.
• Parking at loading and unloading points and passenger pick-up/drop-off points.
• Scheduled breaks. For example, for a break from driving, for heating when working in low temperatures or for removing heat when working in the heat and other breaks. The driver must take a rest break from driving no later than after the first 4 hours behind the wheel. And in the future - no later than every 2 hours. You need to rest for at least 15 minutes.
• Downtime is not the driver's fault.
• Work to eliminate faults discovered along the way, which do not require disassembling the mechanisms or towing them to a car service center.
• Security of cargo and vehicle while parked at transit points.
• If two drivers are sent on a trip, the time the shift worker spends at the workplace when he is not driving is taken into account.

Some driver activities may not be paid in full. The employer can pay only 50% for the time the second driver spends at the workplace when he is not driving. Time for securing cargo and vehicle by 30%. Moreover, if two drivers go on a trip in one car, then the time for securing the cargo is credited to only one of them. These points must be specified in the employment contract.

An example of calculating a driver’s working time for different types of activities:

Check the organization's fines

Employment contract with a driver: samples for downloading

When concluding a rental agreement with a personal driver, it is important to take into account labor obligations and the fact that a separate rental agreement is concluded for the car.

Download the Employment contract with a personal driver (employer - individual) (58.5 KiB, 943 hits)

Typical completed sample:

Download a sample of writing an employment contract with a driver (25.4 KiB, 2,556 hits)

With the bus driver, it is important to indicate category D, as well as the operating mode:

Download the Employment Agreement with the bus driver (25.1 KiB, 1,163 hits)

An employment contract with a taxi driver must take into account irregular working hours, travel to other areas, as well as the use of personal data of both the driver and the vehicle in electronic databases that allow for the prompt transfer and processing of applications.

Download a sample employment contract with a taxi driver (in word) (66.0 KiB, 596 hits)

What types of driver rest are there?

Let's look at each of them in more detail.

Breaks for rest and food

The break can range from 30 minutes to 2 hours. If a working day (shift) lasts more than 8 hours, then there can be two breaks, but their total duration should also not be less than half an hour or exceed 2 hours.

Daily (between shifts) rest

The duration of such rest, if added to a break for rest and food, should be at least 2 times longer than the working day (shift) preceding it. For example, after an 8-hour work shift, a driver must rest for at least 16 hours before starting the next one.

When calculating working hours in total, daily rest should not be shorter than 12 hours. On regular urban and suburban services it can be reduced to 9 hours. But immediately after the shift, which included such a shortened daily rest, the driver, upon written application, has the right to rest for at least 48 hours. During international transportation, the driver can rest at intermediate stops for at least 11 hours. Read more in paragraph 25 of Order No. 15 of the Ministry of Transport.

In any case, the driver’s daily rest from driving must be continuous.

Weekly uninterrupted rest (weekends)

With a five-day week there are two days off, with a six-day week - one. The total duration of a driver's weekly uninterrupted rest should not be less than 42 hours. This is stated in paragraph 26 of Order No. 15 of the Ministry of Transport.

When recording working hours together, weekends can be set on different days of the week each time according to shift schedules. In this case, there must be no less weekends in the current month than full weeks of the same month.

Drivers may be hired to work on non-working holidays if the specifics of their work are related to:

• activities, the suspension of which is impossible due to production and technical conditions;
• public service;
• repair and loading and unloading operations.

Other cases and conditions for attracting employees to work on weekends and holidays are described in Article 113 of the Labor Code of the Russian Federation.

Annual leave

Drivers, like employees of other specialties in Russia, are provided with an annual basic paid leave of 28 calendar days.

For drivers with irregular working hours, additional paid leave is provided for a period of at least 3 days. Its specific duration is determined by the regulatory documents of the organization, PVTR or collective agreement.

Harmful or dangerous working conditions are also subject to additional leave of at least 7 days. Work is recognized as dangerous or harmful based on the results of a special inspection. In any case, this must be specified in the employment contract.

More details about the conditions and terms of vacations can be found in Chapter 19 of the Labor Code of the Russian Federation.

Fines for legal entities

Check

For harmful behavior of a truck driver

As a general rule, from now on all organizations must conduct a special assessment of the working conditions of all employees (except for homeworkers and remote workers).

In accordance with Part 1 of Article 3 of Law No. 426-FZ: “A special assessment of working conditions is a single set of consistently implemented measures to identify harmful and (or) dangerous factors in the working environment and the labor process (hereinafter also referred to as harmful and (or) dangerous production factors ) and assessing the level of their impact on the employee, taking into account the deviation of their actual values ​​from the standards (hygienic standards) of working conditions and the use of individual and collective protective equipment for workers established by the federal executive body authorized by the Government of the Russian Federation.”

Second: Make suggestions to the list of factors to be assessed when conducting an SOUT. Even if an expert organization says that it is impossible to measure this or that factor, since identification is prohibited, draw their attention to paragraph.

9 of Appendix No. 1 to Order of the Ministry of Labor No. 33n dated January 24, 2014, which states that the final list of harmful factors to be assessed is compiled by a commission, not an expert. One caveat: the list is formed based on state regulatory requirements for labor protection.

Therefore, in order to reasonably include, for example, a vibroacoustic factor in the list, it is necessary to: - take into account complaints and suggestions from workers regarding the identification of harmful factors at their workplaces; - analyze cases where prof.

Arm: the severity of work for the driver of the car

For passenger cars, the MPL on scale A was 60 dB, for trucks - 70, for special equipment - 80. Thus, the same factor was assessed differently. It turned out that in the cabin of the new KAMAZ the noise level could be 68–69 dB, and the driver was in acceptable working conditions. And if measurements were taken in a passenger car, we got 64–65 dB. And the workplace fell into the category of hazardous. Such differences in assessment have been controversial.

What is the difference between the work and rest schedules of bus, truck and taxi drivers?

Work and rest schedule of a taxi driver

It is not much different from the conditions described above. Taxi driver working hours include:

• medical examinations before and after the flight;
• time to receive the car and return it after the shift;
• direct driving;
• easy to wait for orders;
• eliminating breakdowns and malfunctions along the way, such as topping up the washer fluid, changing a wheel, and others, if they do not require disassembling the mechanisms or towing to a car service center;
• rest breaks from driving;
• car wash, if required.

Taxi drivers cannot have irregular working hours.

Non-working time of a taxi driver is:

• Break for meals and rest. It is usually placed mid-shift and should last between 30 minutes and 2 hours.
• Daily (between shifts) rest. The duration should be at least twice as long as a work shift.
• Weekend. With a five-day working week there should be 2, with a six-day week - one. The specific days of the week that are days off for a taxi driver may vary.

Otherwise, the types of recreation for a taxi driver are the same as those described above.

Work and rest schedule for bus and truck drivers

For drivers of buses and trucks with a maximum permissible weight of more than 3.5 tons, the work and rest regime is prescribed separately in paragraph 26 of the Traffic Regulations of the Russian Federation. They should not spend more than 9 hours a day driving. Although it is possible to increase this time to 10 hours, but no more than twice during a calendar week. At the same time, no more than 56 hours behind the wheel should accumulate in one week, and no more than 90 hours in two weeks in a row.

A bus or truck driver can drive a vehicle for no more than 4.5 hours without a break. Afterwards he must take a break for at least 45 minutes. The break can be divided into two or more parts by other activities. In this case, the first part of the rest should last at least 15 minutes, and the last - immediately before returning to the wheel - at least 30 minutes.

When working in mountainous areas, driving time should not exceed 8 hours for drivers:

• buses longer than 9.5 meters;
• trucks with heavy, long and large cargo.

A driver's working day on regular city and suburban bus routes can be divided into two parts by a break. The break must begin no later than the first five hours worked. Usually the duration of the break cannot be more than 2 hours, but with the consent of the driver it can be increased to 3 hours.

Moreover, if such a break is set at least after four hours from the start of the working day, then before it occurs, the driver is given special breaks to rest from driving the bus. Their duration must be at least 15 minutes.

The break between parts of the shift does not count towards working hours and does not include a lunch break. The driver can use it at his discretion

Whatever the duration of the breaks, the total duration of the bus driver’s shift must fall within the standards described above in the article.

Checking fines for legal entities. persons

Monitor fines, receive a daily report on new found fines and pay them automatically
Try for free

Who controls the driver’s work and rest schedule and how?

The employer is obliged to monitor compliance with the work and rest schedule of drivers. All legal entities and individual entrepreneurs whose activities are related to the operation of vehicles must equip them with tachographs. Read more about which cars must have tachographs installed in our article.

A specially appointed specialist is responsible for working with tachographs in the organization. If this is not the case, then the responsibility falls on the manager. The driver must know how to use the tachograph, monitor its performance on the road and have instructions.

If the tachograph fails on the way, the driver must begin to record the work and rest schedule manually: fill out a table on the thermal paper of the tachograph or draw it on any sheet of paper.

Using approximately this form, the driver can manually register his work and rest schedule.

With a broken tachograph, the driver can only continue driving towards the nearest service station or parking lot. The journey from the moment the device breaks down should not take more than 7 days. A list of workshops for the repair and maintenance of tachographs in the regions of Russia is on the Rosavtotrans website.

Traffic police and Rostransnadzor employees can check whether the car has a tachograph and its serviceability. There are fines for a faulty tachograph or its absence.

Order to secure the second car

The need for its publication is determined, to a certain extent, by the protection of the owner and specialist operating the vehicle.

For example, if the vehicle had any malfunctions that caused the car to break down, it will be difficult for the driver to claim that it was not his fault.

The opposite situation is also likely to occur, when the employer may suffer material damage due to the fault of a subordinate.

A report is also drawn up in the temporary absence of the main driver, indicating the number of liters in the gas tank according to the waybill and the existing vehicle configuration. To avoid conflicts between the parties, the inspection of the machine must be carried out with special care.

The driver checks the actual technical characteristics of the car assigned to him and verifies them with the information specified in the report.

Drawing up an order to assign a car driver

In addition, as noted above, motor transport is an expensive property that requires control, which is possible by identifying a specific financially responsible person. There are two possible ways to secure vehicles:

Important! No more than four drivers can be assigned to one car, while more than three vehicles cannot be assigned to one driver.

How to write and sample The order is drawn up according to the principle of drawing up similar documentation. The document must indicate the following:

1. Name of the organization, serial number of the document itself;
2. Qualification category, category of driver (drivers);
3. Date of preparation;
4. Last name with initials of the attached driver(s);
5. Make, model of the car, according to the PTS data, state license plate;
6. Signatures.

Order to assign a vehicle to the driver

Regardless of who fulfills this duty, after the order is finalized, it must be submitted to the director for certification - without his autograph the document will not become valid.

https://youtu.be/zKNT7Fhqhv8

If you are entrusted with drawing up an order to assign a vehicle to a driver, we recommend that you carefully read the recommendations below and look at a sample of it. First, some general information that applies to all orders.

Order on assigning cars to employees

In addition, in this section it is worth recording a list of the employee’s responsibilities arising from the fact of signing the order to secure the vehicle.

Important The corresponding responsibilities may be related to both ensuring the technical serviceability and proper condition of the vehicle, and ensuring the proper mode of its operation, including the transportation of goods or people.

Finally, in the same content block it is worth specifying the mode of use of vehicles if it is assigned to several employees at the same time.

The document also needs to record the date from which the specified procedure for operating the vehicle comes into force.

Do I need to assign the car to the driver?

Thus, the above rule states that internship is necessary only in the event of a transfer when hiring from one type of vehicle to another.

Attention: In organizations with a large fleet of vehicles, this task can only be accomplished in one way: by assigning the vehicle to one employee (or in some cases, a group of people, for example, a driver, a technician and an engineer).

At the same time, it is important not to forget that if more than four employees (drivers) cannot be assigned to one car, then one driver cannot be responsible for more than three cars.

A car in an organization is an order assigned to employees who are not drivers.

Moreover, the fact that some employees are provided with cars as an auxiliary measure to perform their work functions has no legal significance.

Attention As follows from the legal analysis of the provisions of Art.

244 of the Labor Code of the Russian Federation, as well as the provisions of the List of positions and work replaced or performed by employees with whom the employer can enter into written agreements on full individual or collective (team) financial responsibility, approved by the Resolution of the Ministry of Labor of the Russian Federation of December 31.

2002 N 85, agreements on full liability are concluded with employees (forwarders), whose job responsibilities are directly related to the transportation and transportation of material assets, as well as with the work of receiving and processing for delivery (escort) of cargo, delivery (escort) and issue (delivery) of cargo.

Order to secure a vehicle

He must also be trained in maintaining reporting documentation and familiarized with the order on fuel and fuel consumption standards.

To ensure the financial responsibility of the driver and the safety of the vehicle, the head of the enterprise can draw up an order according to which the car is assigned to a specific driver.

There is no strict form for this document; it is customary to indicate the name of the organization at the top, then the order is assigned a number, and the date of its issuance is indicated.

Most often, the name of the order is general - “On securing the car.”

Order to secure property (car)

Many organizations have employees whose work requires constant travel. If the company owns transport, it can provide such employees with a car for official purposes.

And in order to document who is using this or that machine, you need to draw up an order assigning property to a specific employee.

The order indicates the employee’s full name, the purposes for which he can use the transport, as well as the employee’s responsibilities in connection with this.

It is logical if the employee driving the car will be responsible for both the route documents confirming the official nature of the use of the car, and for payment documents confirming the costs of fuel and lubricants.

However, not every company can provide all of its traveling employees with personal transport.

In such a situation, an organization can rent a car from its own employees.

And it happens that a company rents a car from one employee, and in the end it will be driven by another.

You will also need to issue a transfer and acceptance certificate for the car.

It is compiled in any form.

It is important to indicate in it all the technical characteristics of the rented car, as well as describe its external condition, so that subsequently the lessor will not be able to demand compensation for those shortcomings that already existed at the time the report was drawn up.

The employer will be able to recognize all rental payments paid to the employee-lessor, as well as car maintenance costs paid in accordance with the lease agreement, as expenses in the full amount (,).

In addition, personal income tax (PIT) will need to be withheld and transferred from the rental price, which forms income for the employee who owns the car.

Source: https://domzalog.ru/prikaz-o-zakreplenii-vtorogo-avtomobilja-66644/

Fines for violations of the work and rest regime of drivers

The most common violations of the work and rest schedule of drivers are:

• the time limit for driving a vehicle has been exceeded;
• the standard working time for cumulative accounting has been exceeded;
• the driver is sent on a long trip without a replacement, especially at night;
• the manager did not draw up a work schedule for the driver.

Part 3 of Article 11.23. The Code of the Russian Federation on Administrative Offenses provides for the following fines for violating the work and rest schedule of drivers, namely for non-compliance with the norms of driving time and rest time:

• for the driver - from 1,500 to 2,000 rubles;
• for an official - from 7,000 to 10,000 rubles;
• for an individual entrepreneur - from 15,000 to 25,000 rubles;
• for a legal entity - from 20,000 to 50,000 rubles.

Check your organization's fines now

How to pay a fine for violating the driver’s work and rest schedule

It is not possible to pay a fine for violating the work and rest schedule with a 50% discount. This is not provided for by law. Therefore, it is important to prevent violations in order to avoid paying large fines.

You can find and pay a fine for violating the driver’s work and rest schedule on the websites of the State Traffic Safety Inspectorate, Rostransnadzor and the State Services portal. But if an organization has a large fleet of vehicles and a staff of drivers, you can find and pay all fines faster in the Online State Traffic Safety Inspectorate service: you don’t have to check each car and driver manually. The check is carried out automatically using the federal treasury database, which contains information on all fines of legal entities and individuals.

The service monitors the appearance of new car fines for the organization, notifies about them and payment deadlines in your personal account or via SMS.

Ask us a question

Consult a specialist on the implementation of a service for monitoring fines in your organization by calling 8-800-250-8335.

Don't miss new useful publications

We will tell you about the intricacies of the legislation, help you understand it and tell you what to do in controversial situations.