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LEGAL ACTS OF THE REPUBLIC OF LATVIA
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The translation of this document is outdated.
Translation validity: 21.07.2007.–18.06.2010.
Amendments not included: 15.06.2010.

Disclaimer: The English language text below is provided by the Translation and Terminology Centre for information only; it confers no rights and imposes no obligations separate from those conferred or imposed by the legislation formally adopted and published. Only the latter is authentic. The original Latvian text uses masculine pronouns in the singular. The Translation and Terminology Centre uses the principle of gender neutral language in its English translations. In addition, gender specific Latvian nouns have been translated as gender neutral terms, e.g. chairperson.


Republic of Latvia

Cabinet
Regulation No. 474

Adopted 3 July 2007

Regulations regarding Organisation, Observance and Recording of the Working Time of Mobile Workers

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

1. These Regulations prescribe the requirements in respect of the organisation, observance and recording of the working time for mobile workers performing carriage by road transport to 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) applies, or to which the European Agreement concerning the Work of Crews of Vehicles Engaged in International Road Transport (AETR) (hereinafter - AETR Agreement) in the cases referred to in Regulation (EC) No. 561/2006 applies.

2. The following terms have been used in these Regulations:

2.1. working time of a mobile worker:

2.1.1. the time period from the beginning to the end of work, during which the mobile worker is at his or her workstation, at the disposal of the employer and exercising the following road transport-related functions:

2.1.1.1. driving a vehicle;

2.1.1.2. loading and unloading cargo;

2.1.1.3. performing functions related to the boarding or disembarking of passengers from the vehicle;

2.1.1.4. cleaning or performing technical maintenance of the vehicle; and/or

2.1.1.5. performing all other work in order to ensure the safety of the vehicle, the passengers and cargo thereof or fulfilling tasks related to the monitoring of loading and unloading, also handling administrative formalities with the police, customs, immigration or other institutions; and

2.1.2. the time period during which the mobile worker is at his or her workstation in order to fulfil a particular work duty, including time periods of awaiting loading or unloading where the foreseeable duration of such time periods is not known in advance or is specified by agreement between the employer and the representatives of workers regarding the time period when the mobile worker is to be at the disposal of the employer;

2.2. period of availability - a period of time, when:

2.2.1. a mobile worker is not required to remain at his or her workstation, but must be ready to fulfil the order of the employer to start or resume driving or to perform other work duty, including the waiting time related to border crossing, as well as traffic restriction or prohibition, not including break and rest time;

2.2.2. the mobile worker is in a vehicle in motion sitting next to the driver or in the sleeping berth, if several drivers are involved in the performance of carriage;

2.3. workstation:

2.3.1. the actual location of the employer or self-employed driver where the mobile worker performs work duties (including subsidiaries, regardless of whether such subsidiaries are located at the same place as the actual location of the employer or self-employed driver);

2.3.2. the vehicle that is used by the mobile worker for performing his or her work duties, or

2.3.3. any other place (customs, border crossing) where activities related to transportation are carried out.

3. The period of time during which a self-employed driver is at his or her workstation at the disposal of clients and performs the functions referred to in Sub-paragraphs 2.1.1, and 2.1.2 of these Regulations, except the time period when the self-employed driver performs other work not related to the organisation of carriage, shall be considered the working time of such self-employed driver who carries out transportation of passengers or goods for hire or reward and independently obtains income outside employment legal relations, as well as who individually or in co-operation with other self-employed drivers forms commercial relations with clients.

4. The following shall not be included in working time:

4.1. the breaks referred to in Paragraphs 8 and 9 of these Regulations;

4.2. the period of availability referred to in Sub-paragraph 2.2 of these Regulations; and

4.3. the rest period referred to in Regulation (EC) No.561/2006 or the AETR agreement.

5. A mobile worker shall know the foreseeable duration of the time period referred to in Sub-paragraph 2.2.1 of these Regulations in advance (either before departure or immediately before the actual start of the relevant time period) or the duration thereof shall be specified in accordance with a prior agreement between the employer and representatives of the employees.

6. If a mobile worker has performed work for several employers, the working time shall be aggregated.

7. If a mobile worker also performs work for another employer, he or she shall submit an account for the time worked there.

8. In compliance with the provisions regarding breaks from driving of Regulation (EC) No. 561/2006 or of the AETR Agreement, a mobile worker may not work for more than six consecutive hours without a break.

9. Working time shall be interrupted by a break of at least 30 minutes, if working hours total between six and nine hours, and of at least 45 minutes, if working hours total more than nine hours.

10. Breaks, which are not breaks from driving, may be subdivided into periods of at least 15 minutes each in accordance with Regulation (EC) No. 561/2006 or the AETR Agreement.

11. Mobile workers (including apprentices and trainees) shall work in conformity with the provisions of Regulation (EC) No. 561/2006 or, if the AETR Agreement is applicable, the provisions of this Agreement regarding rest time.

12. An employer shall inform a mobile worker regarding the requirements for the organisation and recording of working time, regarding the collective agreements and rules for working procedures of the commercial company, as well as regarding the storage procedures specified for documents, reports and other data regarding the checks, which have been handed over to a mobile worker by the control body in relation to the checks of these commercial companies, if the checks have been performed in the premises thereof, as well as if the drivers of these commercial companies have been checked on the road.

13. If a driver performing international or inland carriage, is not able to present the records of the recording equipment in accordance with the requirements of Article 26 (4), the fifth indent of Regulation No. 561/2006 or the requirements of Article 10 (1d) of AETR Agreement because he or she had been ill, on vacation or had driven a vehicle to which the requirements of Regulation No. 561/2006 are not applied, a form Attestation of activities under Regulation (EC) No. 561/2006 or the European agreement concerning the work of crews of vehicles engaged in international road transport (AETR) (hereinafter - attestation of activity) to be downloaded by electronic means shall be used. An attestation of activities form has been included in Commission Decision No. 2007/230/EC of 12 April 2007 on a form concerning social legislation relating to road transport activities (Annex).

14. The employer shall issue the attestation of activity filled in and signed respectively to a mobile worker in the cases referred to in Paragraph 13 of these Regulation prior to commencement of a journey. The attestation of activity shall be kept together with the working time recording documents of the relevant mobile worker.

15. The employer shall be liable for the organisation and recording of the working time of a mobile worker.

16. The employer has a duty to issue in writing the employee working time recording records upon the request of a mobile worker.

17. An employer shall keep the working time records of a mobile worker for at least two years after the end of the relevant time period, but documents, reports and other relevant data regarding the checks, which have been handed over to a mobile worker from the control body in relation to checks of these commercial companies, if the checks have been performed in the premises thereof, as well as if the drivers of these commercial companies have been checked on the road - at least one year after the end of the relevant time period.

18. An employer has a duty to present the working time records of a mobile worker upon the request of a State or local government control bodies, as well as the documents, reports and other relevant data regarding checks referred to in Paragraph 17 of these Regulations.

19. The requirements of these Regulations in respect of self-employed drivers shall enter into force on 23 March 2009.

Informative Reference to European Union Regulatory Enactments

These Regulations contain legal norms arising from:

1) Directive 2002/15/EC of the European Parliament and of the Council of 11 March 2002 on the organisation of the working time of persons performing mobile road transport activities;

2) Directive 2006/22/EC of the European Parliament and of the Council of 15 March 2006 on minimum conditions for the implementation of Council Regulations (EEC) No. 3820/85 and (EEC) No. 3821/85 concerning social legislation relating to road transport activities and repealing Council Directive 88/599/EEC; and

3) Commission Decision No. 2007/230/EC of 12 April 2007 on a form concerning social legislation relating to road transport activities.

Prime Minister A. Kalvītis

Minister for Transport A. Šlesers

 

Annex
Cabinet Regulation No. 474
3 July 2007

Attestation of activities form
ATTESTATION OF ACTIVITIES UNDER REGULATION (EC) NO. 561/2006
OR
THE EUROPEAN AGREEMENT CONCERNING THE WORK OF CREWS OF VEHICLES ENGAGED IN INTERNATIONAL ROAD TRANSPORT (AETR) (*)

To be filled in by typing and signed before a journey
To be kept with the original tachograph records wherever they are required to be kept
False attestation constitutes an infringement

1. Name of the undertaking ____________________________________

2. Street address, postal code, city, country: _________,_________,_________,_________

3. Telephone number (including international prefix): ____________________________________

4. Fax number (including international prefix): ____________________________________

5. E-mail address: ____________________________________

I, the undersigned,

6. given name, surname: ____________________________________

7. position in the undertaking: ____________________________________

declare that the driver:

8. given name, surname: ____________________________________

9. date of birth: ____________________________________

10. driving licence number or identity card number or passport number: ___

for the period:

11. from (time/day/month/year) _________-_________-_________-_________

12. to (time/day/month/year) _________-_________-_________-_________

13. was on sick leave (**)

14. was on annual leave (**)

15. drove a vehicle exempted from the scope of Regulation (EC) No. 561/2006 or the European Agreement concerning the work of crews of vehicles engaged in international road transport (**)

16. On behalf of the undertaking, place _________ date _________ signature _________

17. I, the driver, confirm that I have not been driving a vehicle falling under the scope of the Regulation (EC) No. 561/2006 or the European Agreement concerning the work of crews of vehicles engaged in international road transport during the period mentioned above.

18. Place _________ date _________ Signature of the driver _________

(*) This form is available in an electronic and printable version on the Internet at ec.europa.eu

(**) Only one of the boxes - 13, 14 or 15 may be chosen.

Minister for Transport A. Šlesers

 


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

 
Document information
Status:
In force
in force
Issuer: Cabinet of Ministers Type: regulation Document number: 474Adoption: 03.07.2007.Entry into force: 21.07.2007.Publication: Latvijas Vēstnesis, 117, 20.07.2007.
Language:
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