The law on working time of drivers
of 16 April 2004 r. (Dz.U. No. 92, Item. 879)
Section 1. General Provisions
Art. 1.
The Act defines:
1) working time for drivers engaged in road transport, employed on the basis of employment;
2) employers' obligations in the performance of road transport;
3) rules for applying the standards for driving periods, mandatory breaks in the operation and guaranteed rest periods, defined by Regulation (WE) no 561/2006 European Parliament and the Council of 15 mark 2006 r. on the harmonization of certain social legislation relating to road transport and amending Council Regulation (EWG) no 3821/85 i (WE) 2135/98, and repealing Council Regulation (EWG) no 3820/85 (Dz.Urz. EU L 102 of 11.04.2006, st. 1), hereinafter referred to as “Regulation (WE) No 561/2006” and the European Agreement concerning the Work of Crews of Vehicles Engaged in International Road Transport (AETR), signed at Geneva on 1 July 1970 r. (Dz.U. of 1999 r. No. 94, Item. 1086 i 1087), hereinafter referred to as “AETR Agreement”;
4) periods of driving, mandatory business interruption and guaranteed rest periods of drivers:
a) employed on the basis of employment,
b) non-employees – performing regular services on routes not exceeding 50 vehicle km, referred to in Regulation (WE) no 561/2006.
Art. 2.
Used in this Act shall mean:
1) road transport – road transport within the meaning of the Act of 6 September 2001 r. Road Transport (Dz.U. No. 125, Item. 1371, with subsequent. zm.);
2) road transport – carriage by road within the meaning of Regulation (WE) no 561/2006;
3) regular carriage – regular carriage within the meaning of the Act of 6 September 2001 r. Road Transport;
4) The driving position:
a) established employer, for which the driver performs its duties, or other place of business of the employer, in particular branches, agencies and branches,
b) vehicle, which the driver drives,
c) any other place, in which the driver performs the activities associated with the performance of carriage by road;
5) week – period between the hours of 00[00] on Monday and time 24[00] on Sunday;
6) daily rest period – rest period the driver, within the meaning of Regulation (WE) no 561/2006;
7) business trip – any task involving the exercise of official, at the employer's:
a) of road outside the town, referred to in paragraph 4 lit. a, or
b) away from his village, referred to in paragraph 4 lit. a, for the implementation of road.
Art. 3.
Provisions of this Act shall not affect the provisions contained in Regulation (WE) no 561/2006 and AETR Agreement.
Art. 4.
In the absence of the Act, the provisions of the Act of 26 June 1974 r. – The Labour Code (Dz.U. of 1998 r. No. 21, Item. 94, with subsequent. zm.).
Art. 4a.
Provisions of this Act shall apply to the engine drivers of trams.
Section 2. The working time of drivers employed on the basis of employment
Art. 5.
The provisions of this Chapter shall apply to drivers employed on the basis of employment, if the provisions of other laws provide otherwise.
Art. 6.
1. Driver working time is the time from start to finish job, which includes all activities related to the implementation of road, in particular,:
1) driving;
2) loading and unloading, and supervision of loading and unloading;
3) supervision and assistance to wsiadającym and wysiadającym;
4) forwarding operations;
5) daily maintenance of vehicles and trailers;
6) other work undertaken for the implementation of official business or to ensure the safety of persons, vehicle and stuff;
7) necessary administrative formalities;
8) maintenance of a vehicle in a clean.
2. Sometimes the driver is working well beyond the agreed time schedule of, in which the driver remains in the work of the driver's willingness to work, especially while waiting for loading or unloading, the expected duration is not known to the driver before leaving or before the start of the period.
3. Until the driver's work is included in interval of 15 minutes, which the employer is obliged to enter, if the daily working time of the driver is at least 6 hours.
Art. 7.
For the driver's working time is not included in:
1) call time, If the driver does not perform on-call work;
2) unjustified stops while driving;
3) daily uninterrupted rest;
4) breaks, referred to in Article. 16 paragraph. 1.
Art. 8.
For the purposes of the clearance time and determining entitlement to compensation for overtime work, be understood by the day 24 consecutive hours, ranging from hours, in which he takes a job according to his working time schedule.
Art. 9.
1. On-call time is the time, where the driver is outside normal working hours in readiness to perform work under a contract of employment in the workplace or at another place designated by the employer.
2. To include on-call time for rest breaks, referred to in Article. 13.
3. If the vehicle is driven by two or more drivers, Time is not intended to drive the on-call time.
4. On-call time may not be included in the exercise of the driver's daily uninterrupted rest. The use of daily rest in a vehicle as defined in Article. 14 paragraph. 1 can not be treated as on-call time.
5. For on-call time, referred to in paragraph. 1, with the exception of on-call at home pełnionego, driver shall take time off from work for the corresponding length of the call, in the absence of the possibility of granting time off – wages resulting from his personal rank, specific hourly rate or monthly, and if the wage component was not singled out when determining the conditions of remuneration – 60% salary.
6. For on-call time, referred to in paragraph. 2 i 3, driver is entitled to remuneration in the amount specified in the provisions on the remuneration of existing service with the employer, not less than half of the remuneration referred to in paragraph. 5.
Art. 10.
1. Periods available to the mean periods, other than a break and rest periods, during which the driver is not obliged to remain in the driver's workplace, while being in readiness to start or to continue driving or performing other work. Periods available to include in particular the time, where a driver accompanies a vehicle which is transported by ferry or train, waiting times at border crossings and in connection with traffic congestion.
2. Periods available outside the distribution of working time is one of the on-call time.
3. If the driver, to which the activity-time, not developed a daily working time, periods, referred to in paragraph. 1, among the working time 8 hours, and the remainder of the call time.
Art. 11.
1. Driver working time must not exceed 8 hours per day and average 40 hours in an average five-day working week, the accepted reference period not exceeding 4 months, subject to Article. 15 paragraph. 1 i 3-5.
2. Distributions of driver working time of the regular carrier are set for periods of not less than 2 weeks, subject to Article. 19.
2a. Distribution of working time is established for the driver performing the carriage of goods.
Art. 12.
1. Weekly work time,, including overtime, not exceed an average of 48 hours in the accepted reference period not exceeding 4 months.
2. Weekly working time, referred to in paragraph. 1, can be extended to 60 hours, if the average weekly working time does not exceed 48 hours in the accepted reference period not exceeding 4 months.
3. The working time specified in paragraph. 1 i 2 also valid driver engaged in more than one employer.
Art. 13.
1. After six consecutive hours a driver shall stop for meetings and leisure of not less than 30 minutes, when the number of hours of work shall not exceed 9 hours, and of not less than 45 minutes, if working hours total more than 9 hours. Break may be split into shorter periods of at least 15 minutes each, used during the six-time or immediately after this period.
2. Breaks, referred to in paragraph. 1, are shortened by intervals of 15 minutes, which the employer is obliged to enter, if the daily working time of the driver is at least 6 hours.
Art. 14.
1. In every age of the driver is entitled to at least 11 hours of uninterrupted rest. Daily rest, excluding the rest periods referred to in section 4a, can be used in a vehicle if the vehicle is stationary and has a place to sleep.
2. Each week the driver is entitled to at least 35 hours of uninterrupted rest. Weekly uninterrupted rest period includes a daily rest, referred to in paragraph. 1, falling on, where the driver began weekly rest.
3. In cases, referred to in Article. 20 paragraph. 2 Item 1, and if you change the date of work by the driver in connection with its change to another shift according to the schedule time, uninterrupted weekly rest period may include a smaller number of hours, there can be no shorter than 24 hours.
Art. 15.
1. For drivers employed in road transport can be used time distributions, which is permitted extension of working time to 10 hours a day, and the other drivers to 12 hours a day – under the equivalent time.
2. In the system of equivalent working time extended working hours in each day is balanced with short-time work on other days or days off from work.
3. The reference period can not be longer than 1 month, subject to paragraph. 4 i 5.
4. In particularly justified cases, the period may be extended, but not more than 3 months.
5. When working dependent on the season or weather period may be extended, but not more than 4 months.
Art. 16.
1. For drivers employed in road transport can be used, In particularly justified cases,, Interrupted working time system according to a predetermined schedule, providing no more than one break from work during the day, duration of not more than 5 hours. In the event that the driver carries out regular, pause may last no longer than 6 hours, if the daily working time does not exceed 7 hours.
2. For the time interval, referred to in paragraph. 1, driver is entitled to compensation equal to half the salary, referred to in Article. 9 paragraph. 5; during a break the driver may freely dispose of his time.
3. In determining the distribution of working time in the system of periods of work, the provisions on interruption of rest, unless provided in a fixed interval schedule of working time is not later than the expiration of the period, after which the driver shall stop for meetings and leisure.
4. Interrupted working time system can also be used when performing non-commercial carriage of goods by road – transport on own account within the meaning of the Act of 6 September 2001 r. Road Transport.
Art. 17.
For drivers employed in road transport can be used, in cases justified by the type of the service or their particular organization, Task time, where the employer establishes the transport task in this dimension, in order to be executed within time specified in Article. 11 and with regard for provisions for rest breaks and rest periods. The distribution of working time during the execution of the task sets the driver of the transport.
Art. 18.
1. Systems and distribution of working time and accepted time periods established in a collective work or in the rules work, or in the announcement, if the employer is not covered by collective agreement or is not required to establish the working rules.
2. Employer, which does not work with the trade union organization, and the employer, in which the trade union organization does not agree to establish or change the systems and distribution of working time and working time settlement periods, may use periods referred to in Article. 15 paragraph. 3-5 – having informed the competent labor inspector.
3. Interrupted working time system, referred to in Article. 16, is introduced in a collective work or at work regulations, and the employer, which does not work with the trade union organization – in the employment contract.
Art. 19.
In appropriate cases under the equivalent time, referred to in Article. 15, permitted to use periods of work referred to in Article. 16, according to a predetermined time schedule of work and compliance with the provisions of mandatory daily rest; work schedule should include at least a month.
Art. 20.
1. Work carried out beyond an employee's normal working hours, and the work carried out over extended daily working time, resulting from the current system, driver and working time, is working overtime.
2. Overtime work is permitted if:
1) situations and events that require the driver to take action to protect human life or health or property or removal of breakdown;
2) the specific needs of the employer.
3. The number of overtime hours worked by the driver in relation to the circumstances referred to in paragraph. 2 Item 2 not exceed 260 hours per calendar year.
4. The collective agreement or the rules of employment or employment contract, if the employer is not covered by collective agreement or is not required to establish the working rules, You can set a different number of hours of overtime in a calendar year than that specified in paragraph. 3, subject to Article. 12.
Art. 21.
If the work is done at night, driver's working time must not exceed 10 hours in a given era.
Art. 21a.
Drivers on a business trip, entitled to claims for the costs associated with the performance of official business, established under the terms of the provisions of Article. 77[5] § 3-5 Act of 26 June 1974 r. – The Labour Code.
Art. 22.
Articles. 12 paragraph. 2 i 3, art. 13, art. 21 oraz Article. 24 Item 2 do not apply to drivers of vehicles mentioned in Article. 29 Law, w art. 3 Regulation (WE) no 561/2006 and Articles. 2 paragraph. 2 lit. b AETR.
Art. 23.
The standards defining the operating time, mandatory breaks for rest during the working day, and daily and weekly rest, collective bargaining agreements may provide for higher standards and lower the minimum standards of the maximum, than provided by law.
Section 3. Obligations of employers
Art. 24.
The employer is obliged to:
1) inform drivers about the laws in force in the field of working time, in the manner adopted by a given employer and
2) For the driver a written statement of dimension of niepozostawaniu employment or employment with another employer.
Art. 25.
1. The employer shall keep a register of drivers' working time in the form:
1) records on the record sheets;
2) print data from driver cards and digital tachographs;
3) files downloaded from the driver card and tachograph;
4) other evidence of the time and type of work being done;
5) records compiled from documents, referred to in paragraph 1-4.
2. Timesheets, referred to in paragraph. 1, employer:
1) driver available on request;
2) keep for 3 years after the end of the period it covered.
Art. 26.
The terms of remuneration of drivers can not provide remuneration, the amount of which depends on the number of miles driven or the amount of goods carried, if their use could be detrimental to road safety or encourage violations of the provisions of Regulation (WE) no 561/2006.
Section 4. The rules apply the standards for driving periods, mandatory breaks in the operation and guaranteed rest periods, defined by Regulation (WE) no 561/2006 and AETR Agreement
Art. 27.
1. Periods of breaks in driving, referred to in Article. 7 Regulation (WE) no 561/2006 i w art. 7 paragraph. 1 i 2 The AETR, one of the on-call time, referred to in Article. 9.
2. Rest periods, referred to in Article. 8 paragraph. 2 i 5 Regulation (WE) no 561/2006 i w art. 8 paragraph. 1, 2 i 7 The AETR, can not be treated as on-call time, referred to in Article. 9.
3. Periods of breaks in driving, referred to in Article. 7 Regulation (WE) no 561/2006 i w art. 7 paragraph. 1 i 2 The AETR, in a section of the 15 minutes, included in the driver's working time, if the daily working time of the driver is at least 6 hours.
4. To drivers, who used a break from driving for the rest, accordance with Article. 7 Regulation (WE) no 561/2006 i art. 7 paragraph. 1 i 2 The AETR, break does not apply, referred to in Article. 13 paragraph. 1.
5. To drivers, who used the rest period, referred to in Article. 8 paragraph. 1-5 Regulation (WE) no 561/2006 i w art. 8 paragraph. 1-3 The AETR, not apply to rest, referred to in Article. 14.
Art. 28.
(repealed)
Art. 29.
1. On Polish territory categories of vehicles, referred to in Article. 13 paragraph. 1 Regulation (WE) no 561/2006, exempted from the application of Article. 5-9 the regulation.
2. Categories of vehicles, referred to in paragraph. 1, are excluded from the scope of Regulation (EWG) no 3821/85.
Art. 30.
1. In the conditions and manner, referred to in Article. 14 paragraph. 1 i 2 Regulation (WE) no 561/2006, Minister responsible for transport issues may make exceptions or grant a temporary exception from the provisions of Article. 6-9 the regulation.
2. Minister responsible for transport to announce a temporary exceptions or exemptions granted, referred to in paragraph. 1, notice on, announced in the Official Journal of the Polish Republic “Monitor Polski”.
Art. 31.
1. Driver engaged in road transport, that on certain days had no vehicle or driving a vehicle, which do not apply the provisions of Regulation (WE) no 561/2006 or AETR, at the request of the person authorized to submit a certified inspection, which contains the following data: Name of driver, period, concerned, the reason for not having sheets, driver or non-use failure in drawing prints, referred to in Article. 15 paragraph. 7 Regulation (EWG) no 3821/85, place and date of issue, signature of the employer or entity, for the driver of which performed the carriage.
2. Certificate, referred to in paragraph. 1, employer issues and gives the driver before the driver of road. When the driver did not have specific days of the vehicle during transport to complete a task, employer shall immediately issue and forward the certificate at the request of the person authorized to inspect.
2a. In the case of, when the driver was on sick leave from work due to illness, on annual leave or when the vehicle exempted from the scope of Regulation (WE) no 561/2006, entity engaged in the carriage by road shall issue a certificate, referred to in paragraph. 1 on the electronic and printable form, referred to in Commission Decision 2007/230/EC of 12 April 2007 r. on a form concerning social legislation relating to road transport activities (Dz.Urz. EU L 99 of 14.04.2007, st. 14), and a certificate signed by the driver.
3. The provisions of paragraph. 1-2and shall apply to the driver by the entrepreneur niezatrudnionego, but the person performing the transportation at his business and personally performed by a road, except that the entrepreneur personally engaged in the carriage road shall submit a statement.
Chapter 4a. Periods of driving, mandatory business interruption and guaranteed rest periods for drivers engaged in regular service, where the route does not exceed 50 km
Art. 31a.
1. The daily driving time from the end of one daily rest period and the beginning of the following daily rest period or between a daily rest period and a weekly rest period may not exceed 10 hours.
2. The daily driving time means the total driving time specified in the distribution of drivers' hours on a given day, accordance with the agreed timetable.
3. Total weekly driving time shall not exceed 60 hours, and for two consecutive weeks 90 hours.
Art. 31b.
1. Designated driver shall take a rest break of not less than 30 minutes, when the total daily driving time is from 6 do 8 hours, and of not less than 45 minutes for, when the total daily driving time exceeds 8 hours. Break the driver shall before the expiry of 6 hours of total daily driving time.
2. Breaks, referred to in paragraph. 1, can be divided into shorter periods, that are used while driving under the applicable driver timetable, provided that one of the breaks shall be at least 15 minutes.
Art. 31c.
1. In terms of daily and weekly rest provisions of Article. 14, subject to paragraph. 2.
2. A weekly rest period shall start no later than the end of six 24-hour, from the end of the previous weekly rest period.
Art. 31d.
1. Standards for driving, daily and weekly rest periods also apply performed by a driver for more than one entity.
2. Timetables drawn up for drivers engaged in regular service, where the route does not exceed 50 km, take into account the possibility of using breaks referred to in Article. 31b.
Art. 31and.
1. The distribution of working time is fixed for a period of at least one month.
2. Schedule of the following data: Name of driver, place the vehicle, which the driver has to lead, fixed timetable for the driver covering periods of periods of driving, carry out other work, breaks and being at the disposal and holidays.
3. The distribution of driver working time and shall be signed by the employer or entity, for which the driver carries.
Section 5. Final provisions
Art. 32.
The Act of 24 August 2001 r. working time of drivers (Dz.U. No. 123, Item. 1354, of 2002 r. No. 155, Item. 1286 and 2003 r. No. 149, Item. 1452).
Art. 33.
This Act shall come into force on the date the Republic of Polish membership in the European Union.
Reference 1.
This Act implements Directive 2002/15/EC of the European Parliament and the Council of 11.03.2002 r. on the organization of working time of persons performing mobile road transport activities (Dz.Urz. WE L 80 of 23.03.2002).
Reference 5.
Council Regulation (EWG) no 3821/85 of 20 December 1985 r. on recording equipment in road transport (Dz. Urz. WE L 370 of 31.12.1985).
