Drivers' Working Hours: A Comprehensive Guide to Regulations and Practices

Drivers' Working Hours - Definition

The definition of a driver's working hours is outlined in Article 6 of the Drivers' Working Hours Act, which states that "a driver's working hours are the time from the beginning to the end of the work, which includes all activities related to road transport operations."

Moreover, the same article states that "working hours also include the time outside the scheduled working hours during which the driver remains at the driver's workstation, ready to perform duties, especially while waiting for loading or unloading, the duration of which is unknown to the driver before departure or the start of a given period."

Furthermore, drivers must also account for a 15-minute break during their working hours if their daily working time is at least 6 hours.

The dimension of the driver's working hours defines the maximum amount of time a driver can spend on these duties within a certain period, e.g., during a day, a week, or a fortnight.

A driver's work week is defined by the European regulation discussed later in the article, referring to the period from 00:00 on Monday to 23:59 on Sunday.

Drivers' Working Hours - Legal Basis

The primary legal acts regulating drivers' working hours are:

1. The Drivers' Working Hours Act - this implements European regulations into Polish law;
2. European Parliament and Council Regulation (EC) No. 561/2006 - regulating drivers' working and rest hours. It applies when transport is carried out within the European Union or between the EU, Switzerland, and the European Economic Area countries;
3. AETR Convention provisions - when transport occurs outside the territories of EU member states, EEA countries, and those that signed the convention;
4. Regulation of the Minister of Infrastructure on Drivers' Working Hours - a regulation specifying, among other things, how to record drivers' working hours.

Which Activities are Included in a Driver's Working Hours?

Professional drivers must account for activities specified in the Drivers' Working Hours Act, including:

• Driving the vehicle;
• Loading and unloading and supervising loading/unloading;
• Supervising and assisting passengers boarding or disembarking;
• Freight forwarding activities;
• Daily maintenance of vehicles and trailers;
• Other tasks undertaken to perform the work or ensure the safety of people, the vehicle, and goods;
• Necessary administrative tasks;
• Keeping the vehicle clean;
• Remaining outside of regular working hours (outside the accepted work schedule), in readiness to work, especially during waiting periods for loading or unloading, where the duration is not known to the driver.

Activities Not Included in a Driver's Working Hours

Certain activities are excluded from working hours, such as:

• Unjustified stops while driving;
• Activities performed during rest periods;
• Breaks resulting from intermittent working hours;
• On-call time when the driver does not perform any work.

Which vehicles are exempt from drivers' working hours regulations?

Vehicles with a permissible total weight below 3.5 tons and those designed to carry no more than 9 people are not subject to the regulations outlined in this article.

There are also exceptions where drivers are not required to use tachographs. These exemptions are detailed in Articles 3 and 13 of Regulation 561/2006, with examples such as:

• Vehicles used for regular passenger transport with a route not exceeding 50 km;
• Vehicles with a permissible total weight not exceeding 7.5 tons, used to transport materials, tools, or equipment for the driver during work, or for the delivery of goods made by hand, exclusively within a 100 km radius from the company’s base, provided the transport is not the driver's main occupation and is not for profit;
• Vehicles with a maximum permissible speed of no more than 40 km/h;
• Medical, military, vintage, or specialized vehicles.

Work schedule and division of drivers' working hours

To ensure road safety and protect drivers' health, it is crucial to understand the distribution and division of working hours in road transport. This section will discuss how daily, weekly, and biweekly driving time is regulated, as well as the standards for these periods.

It is important to note that the requirements outlined below apply to single-driver operations. A double-driver crew is subject to slightly different rules.

Daily driving time: How is it regulated?

Daily driving time refers to the time a driver can spend performing their professional duties in a single day (24 hours). The regulation states that the maximum driving time is 9 hours per day, with the possibility of extending driving to 10 hours, but no more than twice a week. It's essential to highlight that the 9 or 10 hours refers to the time spent driving. Breaks must also be taken into account.

13-hour and 15-hour driving time

It is also important to mention situations when a driver's daily working time may reach 13 or 15 hours. These situations are linked to planned rest periods, which are described further in this article.

For instance, when a driver plans 11 hours of rest during a given day, the total active time can be 13 hours, which includes both work and breaks.

Similarly, a professional driver's day, accounting for a 9-hour rest period, can involve up to 15 hours of activity. However, this can only happen three times between weekly rest periods. Moreover, when planning a 15-hour workday, the weekly limit of 60 hours of driving time must still be adhered to.

Weekly driving time and maximum working time: What are the standards?

For weekly driving time, regulations specify a maximum of 56 hours per week. The total driving time in two consecutive weeks cannot exceed 90 hours. In practice, this means that if a driver works 56 hours in the first week, they can only work 34 hours in the second week.

The 56-hour limit refers to driving time, while the maximum working time in a week is 60 hours.

Biweekly driving time: How is it calculated?

Biweekly working hours are calculated based on the total work time in two consecutive weeks. As previously mentioned, the total driving time in the two weeks must not exceed 90 hours.

In practice, the working hours are recorded using a tachograph, which logs the driver's working time, breaks, and rest periods. This allows both the driver and the employer to monitor and control working time, preventing the violation of maximum limits.

Drivers' night work: How is it regulated?

Night work is defined by the Drivers' Working Hours Act as the period between 00:00 and 07:00. If a driver works even for a minute during this period, the maximum allowable working time for the day is 10 hours.

Night work - compensation

If a driver works during night hours, they are entitled to a 20% wage increase, based on the hourly rate derived from the minimum wage for the given calendar year. It is important to note that the night period is defined in the Labor Code as between 21:00 and 07:00.

Overtime hours

If the employer has specified overtime in their regulations, employment contracts, or other documents, drivers may work overtime. However, if overtime is not mentioned, the driver can only work overtime in the event of an emergency, a life-threatening situation, or a special employer's need.

There are limits to overtime hours, which have several interpretations:

• The Labor Code allows for 150 overtime hours, extendable to 260;
• The State Labor Inspectorate cites 416 hours (based on 52 weeks and 8 hours of overtime) with perfect attendance;
• 376 hours with 20 days of vacation or 384 hours with 26 days of vacation, according to the Ministry of Labor and Social Policy.

The final interpretation depends on the State Labor Inspectorate's guidelines, and drivers are entitled to a 50% or 100% bonus for overtime work.

Driver compensation for overtime hours may also be time off in the following proportion:

• 1:1 - if the employee applies for this form of compensation and chooses the days they will have off;
• 1:1.5 - if the employer imposes overtime and the employer chooses when the employee will receive time off as compensation for this.

Monitoring drivers' working hours

In order to ensure road safety and protect the health of drivers, it is extremely important to control working hours and comply with working time regulations.

How to control drivers' working hours?

To control drivers’ working hours, you should follow a few basic rules:

1. Implementing a working hours recording system to track each driver's time.
2. Regular internal checks to ensure drivers comply with working hour regulations.
3. Investing in driver training to help them understand regulations and the consequences of non-compliance.

Digital tachograph and its role in monitoring working hours

The digital tachograph is an essential tool for monitoring drivers' working hours. It records the time worked, speed, distance, and other relevant driving data, ensuring compliance with working hours regulations.

The tachograph also enables regulatory bodies, such as the Road Transport Inspectorate, to conduct checks and detect any violations. Regular monitoring and downloading data from the tachograph ensure compliance with drivers' working time regulations.

Who must record drivers' working hours?

Aktywność kierowcy ewidencjonowana za pomocą tachografu cyfrowego jest przesyłana do pracodawcy, który ma obowiązek prowadzenia ewidencji czasu pracy. Na jej podstawie obliczane jest wynagrodzenie kierowcy, uwzględniając przy tym dyżury, przepracowaną liczbę nadgodzin czy też pracę w porze nocnej.

On the other hand, the record itself must be kept for a period of 10 years, starting from the moment it is created, and it must also be made available to the driver concerned upon request, or made available to the authorities authorized to conduct inspections if they request it.

Breaks in the driver's work and rest during duties

Other very important aspects of the discussed topic are the breaks during the driver's work and daily rest.

The importance of breaks during the driver's working time

Breaks during the driver's working time are crucial for ensuring road safety and protecting the driver's health. Breaks allow for body regeneration, stress reduction, and maintaining an appropriate level of concentration while driving.

Length of a driver's break

According to the regulations, a driver must take a break after 4.5 hours of work. This break should last at least 45 minutes but can be divided into two periods: 15 minutes and 30 minutes, provided that both periods are taken within the 4.5 hours of work.

How long should a driver’s daily rest be?

A driver’s daily rest is the time when the driver is not performing any professional duties and can regenerate. The minimum daily rest period is 11 hours, but it can be reduced to 9 hours no more than three times a week.

In the case of shortened daily rest, the driver must compensate for the difference between the shortened and normal daily rest period, and this compensation must be used before the end of the following week.

Driver’s weekly rest: What are the requirements?

A driver’s weekly rest is the time when the driver is not performing any professional duties for at least 45 hours.

The weekly rest regulations state that the driver must take it at least once every two weeks. It is also possible to shorten the weekly rest to a minimum of 24 hours, but in this case, the driver must compensate for the difference between the shortened and normal weekly rest period, and this compensation must be used before the end of the third week after the week in which the rest was shortened.

It’s important to note that the date for the weekly rest is not set in advance; it can be either during the weekend or in the middle of the week.

Can rest be taken in the vehicle?

Regular rest for the driver can indeed take place in the vehicle, provided it is equipped with a sleeping area and the vehicle is in a parking location.

However, the situation is different when it comes to the weekly rest or rests longer than 45 hours. If the driver is on the road during these times, the employer is obliged to provide a sleeping area outside the vehicle and cover accommodation costs.

Penalties for violating driver working time regulations

It’s important to note that if the driving time is exceeded, professional drivers may receive a fine, penalty points, or even lose their qualifications to perform the driving profession.

For fines: their amount depends on the degree of violation of regulations regarding exceeding the maximum daily driving time, exceeding the maximum continuous driving time without a break, or shortening the rest period. However, fines are imposed for each infraction and are then accumulated.

Fines for exceeding the daily driving time

In the case of exceeding the working time by more than 9 hours, if the driver has already had their working time extended to 10 hours twice, the fines are as follows:

• No fine: Exceeding driving time by up to 15 minutes is within tolerance;
• 50 PLN: From 15 to 60 minutes;
• 150 PLN: Every next started hour;
• 200 PLN: Every started hour over 2 hours;
• 550 PLN: Every started hour over 13.5 hours of driving, if no rest or break of at least 4 hours and 30 minutes was taken.

If on the day when the driver is allowed to extend the driving time, the working time is exceeded, the fines are:

• 100 PLN: Up to 60 minutes;
• 200 PLN: From 60 to 120 minutes;
• 250 PLN: Every started hour over 120 minutes;
• 550 PLN: Every started hour over 15 hours of driving without a break or rest of at least 4 hours and 30 minutes

Fines for exceeding the weekly and biweekly driving time

Fines for exceeding the weekly driving time are as follows:

• 150 PLN: From 30 minutes to 4 hours;
• 250 PLN: From 4 to 9 hours;
• 350 PLN: From 9 to 14 hours;
• 550 PLN: For the 14th hour and every next started hour.

For the biweekly driving time, the fines are:

• 250 PLN: Up to 10 hours;
• 350 PLN: From 10 to 15 hours;
• 550 PLN: From 15 to 22.5 hours;
• 700 PLN: For every started hour over 22.5 hours.

Fines for driving without a break

If professional drivers operate the vehicle without the required break, they will face fines:

• 50 PLN: When the violation is from 15 to 60 minutes;
• 100 PLN: For every started hour of driving.

As with the fines for exceeding the daily driving time, there is a tolerance of 15 minutes.

Fines for shortening the driver’s rest period

Drivers must also ensure they have the required amount of rest. Neglecting this in the daily or weekly time frame also leads to fines. These fines are:

• 50 PLN: For shortening the rest period by less than 1 hour, either daily or weekly;
• 100 PLN: For every additional shortened hour of rest in the daily or weekly period.

Which authorities can control professional drivers' working time?

In Poland, the following authorities have the power to control professional drivers' working hours and impose fines:

• Police;
• Road Transport Inspection;
• National Labour Inspectorate;
• Customs Service;
• Border Guard.

Extended driving time - When can drivers exceed their working hours?

It’s important to note that there are situations where drivers can exceed their working hours by 1 or 2 hours. These exceptions include:

• Situations that require ensuring the safety of people and goods;
• Avoiding serious road traffic hazards;
• Lack of parking spaces for a break;
• Road incidents, e.g., an accident;
• Deteriorating weather conditions;
• Vehicle breakdowns.

Additionally, under Article 12 of Regulation 561/2006, the driver may extend their working hours:

• By 1 hour when heading to the base or for a weekly rest;
• By 2 hours when heading to the base or for a weekly rest, if a 30-minute break is taken before this extension.

It should be emphasized that the driver must justify and document these situations with a printout from the digital tachograph, and the extended driving time must be compensated with additional rest.

Self-employed drivers’ working hours: What are the rules?

Self-employed drivers are also subject to working time regulations. They must adhere to the same working time rules as drivers employed under a work contract.

This means that when preparing the driver’s work schedule, they must follow the regulations concerning breaks, daily and weekly rest, and restrictions on night-time work.

For self-employed drivers, the responsibility for complying with regulations lies solely with them, so it’s essential to be aware of and follow the applicable rules.

Do you need to manage drivers’ working time? We’re happy to help!

Managing drivers’ working hours can be a complicated process. However, in such a situation, you can always rely on the help of specialists! If you need support in this area, we are happy to assist. Contact us to discuss the details of working with our advisor!