Regulations regarding Exceptions when Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the Harmonisation of Certain Social Legislation Relating to Road Transport and Amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and Repealing Council Regulation (EEC) No 3820/85 is not Applied

Issued pursuant to
Section 31, Paragraph two
of the Road Traffic Law

1. These Regulations prescribe those types of carriage performing which Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the Harmonisation of Certain Social Legislation Relating to Road Transport and Amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and Repealing Council Regulation (EEC) No 3820/85 (hereinafter - Regulation (EC) No 561/2006) is not applied.

2. Regulation (EC) No 561/2006 shall not be applied and in addition to the exceptions referred to in Article 3 of Regulation (EC) No 561/2006 the vehicles may not be equipped with recording equipment in road transport for recording of the working and rest time of the driver of the vehicle, if the inland carriage is performed with a vehicle referred to in Section 13 (1) (a), (b), (c), (d), (g), (h), (i), (j), (k), (l), (m), (n), (o) and (p) of Regulation (EC) No 561/2006.

3. The condition of Article 13 (1) (i) of Regulation (EC) No 561/2006, that a vehicle is equipped with 10 to 17 seats, shall be certified by the number of seats indicated in the vehicle registration certificate.

4. The base for the vehicles referred to in Article 13 (1) (b), (c) and (d) of Regulation (EC) No 561/2006 shall be considered the parking place of the vehicle which is suitable for continuous parking of the vehicle and is located under the possession of such natural person or legal person which performs the carriage, or the relevant natural person or legal person has entered into an agreement regarding the placement of the relevant vehicle.

5. The condition of Article 13 (1) (d) of Regulation (EC) No 561/2006, that vehicle driving does not constitute the driver's basic activity, shall be approved by the contract of employment or a certified extract of the contract of employment or another document which certifies this fact. The relevant document shall be present in a vehicle.

6. In performing a carriage, which complies with the exceptions referred to in Paragraph 2 of these Regulations, the following conditions shall be taken into account:

6.1. the duration of vehicle driving may not exceed 10 hours within a period of 24 hours, taking into account the general requirements for working time organisation specified in regulatory enactments;

6.2. if a driver of a vehicle fails to use recording equipment for registration of working time and rest periods in accordance with Council Regulation (EEC) of 20 December 1985 No 3821/85 on recording equipment in road transport, the driver of a vehicle shall register his or her working time during a calendar week and the information regarding a carriage in accordance with the Annex to these Regulations. A report regarding the current week shall be present in a vehicle, and the driver of the vehicle shall present it upon the request of officials of control bodies. The report shall be handed over to an employer at the end of the week. The employer shall check the compliance of entries and keep the referred to report for a year after the approval thereof.

7. Documents (vehicle registration certificate, own-account carriage certificate, freight accompanying documents or other documents), which certify the compliance of a carriage with the relevant exceptions referred to in these Regulations, shall be present in a vehicle.

8. Cabinet Regulation No. 17 of 3 January 2006, Regulations Regarding Exceptions when Council Regulation (EEC) No 3820/85 of 20 December 1985 on the harmonisation of certain social legislation relating to road transport is not applied, is repealed (Latvijas Vēstnesis, 2006, No.5).

Prime Minister A.Kalvītis

Minister for Transport A.Šlesers

Annex
Cabinet Regulation No. 279
24 April 2007

Report Regarding Driver's Working Time During a Calendar Week

3. Information Regarding Carriage

4. Base, if a carriage is carried out in accordance with Article 13 (1) (b), (c) and (d) of Regulation (EC) No 561/2006.

5. Employer's declaration regarding the check of information

Minister for Transport A.Šlesers

Translation © 2007 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre)