SZ reader Bernd S. asks:
I work for a waste disposal company and drive a suction truck to private customers’ sewage treatment plants. Sometimes I am on the road for a week and spend the night in a hotel. My working hours are usually between eight and ten hours. If after ten hours I have finished at the last sewage treatment plant and still have to buy something privately, for example something to eat, can I continue driving? I only have the truck on site. But as a result, I exceed the permitted ten hours of working time and document this on the driver card.
Ina Reinsch answers:
Dear Mr S., tight schedules, high traffic volumes, too few parking spaces – life as a truck driver has nothing to do with the romance of asphalt, it is often just tough. Compliance with working, driving and rest times is also associated with a lot of arithmetic, because to protect against fatigue and serious accidents, this area of law is heavily regulated in the European Union.
Section 21a of the Working Hours Act regulates the working hours of drivers. According to this, the weekly working time must not exceed 48 hours. It can be increased to 60 hours if it remains an average of 48 hours over four calendar months. The general requirements of the Working Hours Act of eight to a maximum of ten hours a day apply to daily working hours.
The driving times and rest times, on the other hand, are regulated in a European regulation. According to her, the daily driving time of a driver must not exceed nine hours. The trucker is allowed to extend it to ten hours twice per calendar week. After 4.5 hours at the latest, however, he must take a break of at least 45 minutes, which can be split up. He may not sit behind the wheel for more than 56 hours per week, and not more than 90 hours in two consecutive weeks.
In addition, a truck driver must also observe certain rest periods. The daily rest period is at least eleven hours. It must be inserted once every 24 hour period. Three times between two weekly rest periods, the daily rest period may also be reduced to nine hours without compensation being required. Drivers are also allowed to split the rest period: They can take the full daily rest period of eleven hours in two parts – but in this case the minimum rest period increases to twelve hours. In addition, a weekly rest period must be observed. It must be 45 hours in a row and must be taken by the driver after six 24-hour periods.
Overall, the calculation is really complicated. However, it is very important for drivers to strictly adhere to these guidelines, because if you drive a vehicle when you are tired, you can cause a serious accident. The driving and rest times are saved on the driver card. Anyone who interrupts their prescribed daily rest time for a private purchase or even for a short parking change will result in exceeding the driving time the next day, which, depending on the duration, results in a different fine – not only for the driver, but also for the employer . In addition, exceeding the maximum daily working time can lead to a fine.
If you are over the permitted driving and rest times, you should definitely leave the truck – even if you are still allowed to work according to the Working Hours Act. Driving time is not just working time. As soon as you have been behind the wheel for ten hours, both the working time account for that day and the driving time account are full. Perhaps you can buy a folding bike or scooter for the evening? Remember, however, that you are also a participant in road traffic with these vehicles and must not endanger others, for example by being tired.
Ina Reinsch is a lawyer, author and speaker in Munich. She mainly deals with the subject of labor law.