Doprava a spoje elektronický časopis Fakulty prevádzky a ekonomiky dopravy a spojov Žilinskej univerzity v Žiline, ISSN

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1 SCHEDULING OF WORKING TIME OF DRIVERS IN REGULAR BUS TRANSPORT Miloš Poliak 1, Linda Forrest 2 and Štefánia Semanová 3 Introduction In terms of regular bus transport in the Slovak Republic (SR), the work of drivers is governed by legislation such as Labour Code, Regulation (EC) No 561/2006 and Act No 462/2007 on the organization of working time in transport. Provisions of Regulation (EC) No 561/2006 are applied to operation of bus lines in excess of 50 km length. On the other hand, the operation of bus lines with a length less than 50 km is regulated by Act No 462/2007. In practise of suburban bus transport in SR, there are cases when the work of drivers is not planned for only one bus line during a day. The driver performs his work according to schedule of bus connections that he ensures with vehicle for different bus lines. This way of organizing work during a day is governed by Regulation (EC) No 561/2006 as well as Act No 462/2007 on the organization of working time in transport. However, they have different requirements for work of drivers. The objective of this paper is to analyze whether there is a similar organization of work of drivers in abroad and based on findings, there will be proposed a way of compliance with legislation in SR. Analysis of the legislation governing the work of drivers in the United Kingdom The two types of driver hour regulation in the UK are UK domestic regulations, and EU regulation 561/2006. UK domestic regulation can be used for routes under 50km, EU regulation must be used for routes of 50km or more. Bus companies are heavily monitored to ensure that their drivers are following appropriate regulations. UK domestic regulations include: Maximum 5.5 hour drive and then 30 min break 1 doc. Ing. Miloš Poliak, PhD., Žilinská univerzita v Žiline, Fakulta prevádzky a ekonomiky dopravy a spojov, Katedra cestnej a mestskej dopravy, Univerzitná 1, Žilina, Slovenská republika, milos.poliak@fpedas.uniza.sk 2 Linda Forrest, MA (Hons), Žilinská univerzita v Žiline, Fakulta prevádzky a ekonomiky dopravy a spojov, Žilina, Slovenská republika, pobyt na základe programu Leonardo da Vinci 3 Ing. Štefánia Semanová, Žilinská univerzita v Žiline, Fakulta prevádzky a ekonomiky dopravy a spojov, Katedra cestnej a mestskej dopravy, Univerzitná 1, Žilina, Slovenská republika, stefania.semanova@fpedas.uniza.sk 360

2 45 min break within 8.5 hours of driving (i.e. driver driving for a max of 7.75 hours), this must be followed by 30 min break Maximum daily driving limit 10 hours EU regulations include: Maximum 4.5 hour drive and then 45 min break, can be followed by 4.5 hour driving Maximum daily driving limit 9 hours, can be increased to 10 hours maximum twice per week Drivers may drive under a mixture of domestic and EU regulations in the same day or week, provided they adhere to specific rules, such as: Driving duty under EU rules cannot count as break or rest period under domestic rules Driving and non-driving work under domestic rules is classified as other work under EU rules, but not break or rest time Driving and other work under EU rules counts towards driving and duty limits under domestic rules Experience with the application of social legislation in the conditions of particular bus carrier in the United Kingdom Lothian Buses is a bus company based in Edinburgh. As a city provider, all routes are less than 50km long and therefore UK regulation is always used. Drivers are based at a particular garage (depot) and usually drive routes which start and finish at this garage. Driver breaks take place at the garage after changeover at a particular location with another driver. If a service is running late, driver changeover may take place earlier in the route in order to ensure the driver does not exceed their hours. These changeovers and breaks are incorporated into route schedules and driver duties (i.e. the specific routes and timetable of a driver s shift). Drivers duties can consist of different routes within the same day and operate on a rotational basis. 361

3 First South East Central Scotland operates on a regional basis, connecting towns and cities throughout South East and Central Scotland. In addition to long distance services, First also operates short distance services, making connections within cities or between villages and towns in close proximity. The company therefore uses both EU and domestic regulation on driver hour limits. Some duties include routes where one part could potentially come under EU regulation, and another part could come under domestic regulation. Where this is the case, EU regulation is applied to the duty in order to ensure compliance in the context of daily, weekly and fortnightly hours. Similar to Lothian Buses, driver changeover to allow breaks can take place at specific point on the route, or at the route terminus. Proposal of organization of work of drivers of regular bus transport in the Slovak Republic In the case that the driver performs regular bus transport on bus lines with a length of within 50 km as well as with a length of over 50 km or irregular bus transport, the work of drivers must be organized according to following scheme: Rest period Rest period Working time under Act 462/2007 Z. z. min. 9 hours Working time under Reg. (EC) No 561/2006 min. 9 hours Rest period drawn before the working hours under Regulation (EC) No 561/2006 must be at least 9 hours, even if previous performance was realized on bus line with length of within 50 km. Rest period drawn after realized performance (e.g. long-distance bus line) must be completed within 24 hours from the start of the working hours. Figure 1 The daily rest period in the case of driver s performance on bus line with a length of within 50 km and also with a length of over 50 km daily rest period driver must meet stringent requirement for daily rest. It means that if driver performs transport on bus lines of within 50 km and he works under Act No 462/2007 and then as there is an intention of next driving on long-distance bus lines, he must meet the requirement of minimum 9 hours before mentioned driving (Figure 1). 362

4 Also, the daily rest period in the case of performance on long-distance bus lines must be completed within 24 hours from the start of the working hours. weekly rest period in the case that the driver performs transport during one week on bus lines of within 50 km (under Act No 462/2007) and he also operates long-distance bus transport on bus lines of over 50 km (under Regulation (EC) No 561/2006), he must draw weekly rest period according to Regulation (EC) No 561/2006. It is represented by time period of minimum 45 hours. However, a reduction of this rest period is limited by Act No 462/2007 under which the driver performing work on bus lines of within 50 km must have drawn 34 consecutive hours of rest at the end of week (min 24 hours + min 11 hours = 35 hours) (Figure 2). Also, requirement of a compensation of the reduced rest period must be applied and it must be drawn before the end of the third calendar week after reduces weekly rest period has been taken. Regular weekly rest period is 45 hours, under Regulation (EC) No 561/2006 Act No 462/2007 requires weekly rest period of minimum 35 hours and therefore reduced weekly rest is also period of 35 hours Weekly rest period 45 hours Working hours Weekly rest period 35 hours Working hours Weekly rest period 45 hours Compensation before the end of the third calendar week The reduced weekly period must be followed by regular weekly rest period of minimum 45 hours Figure 2: Weekly rest period driving time of vehicle and breaks time of driving and breaks must be observed in a particular day according to the legislation that governs the operation mode. It means that if the driver operates bus lines with a length of within 50 km, he must meet provision of 363

5 Act No 462/2007 and in the case of long-distance bus transport, the provision of Regulation (EC) No 561/2006 must be observed. requirement for a recording equipment since a bus operating on bus lines with a length of within 50 km does not have to be equipped with recording device, the driver demonstrates inspector his work by schedule of the working hours. In the event of bus lines of over 50 km, the bus must be equipped with mentioned device and the driver is required to meet provision of Regulation (EC) No 561/2006. If the driver performs transport on bus lines with a length of within 50 km as well as over 50 km during a week or day, the bus must be fitted with recording equipment. In this case, the driver should proceed as follows: o The driver who drives bus lines of within 50 km demonstrates his work by schedule of the working hours. Providing that next day he would operate bus lines of over 50 km then he would need to have a confirmation from bus carrier about that he drove a vehicle exempted from the scope of Regulation (EC) No 561/2006 from previous day and also schedule of the working hours in current day. That means the driver demonstrates confirmation from carrier and schedule of the working hours for days when he operates bus lines of within 50 km and tachograph records for others days. o if the driver with one vehicle changes a type of transport during a day and the bus carrier is unable to issue a confirmation to the driver, then for the time period in which the driver operates bus lines of within 50 km, it is necessary to switch digital tachograph into mode OUT and demonstrate this time period by schedule of the working hours. In the case of analogue tachograph, there is needed at the end of operation of bus line of within 50 km to remove out a tachograph disc and note on the back of this disc information about from when to when the driver performed transport not governed by Regulation (EC) No 561/2006 (indication of the date, driver s license number, name and signature) 364

6 This paper has been developed under support of project: MŠ SR VEGA č. 1/0144/11 POLIAK, M.: Vplyv zmeny kvality poskytovaných služieb verejnej hromadnej osobnej dopravy na zvyšovanie jej konkurencieschopnosti vo vzťahu k individuálnemu motorizmu Literature [1] POLIAK, M. GNAP, J.: Práca vodičov nákladných automobilov a autobusov a používanie tachografov doplnené a aktualizované vydanie k ; vydala Žilinská univerzita v Žiline v EDIS-vydavateľstve ŽU; 2011; ISBN [2] POLIAK, M. KONEČNÝ, V.: Trh hromadnej osobnej dopravy a jej financovanie, vydala ŽU v Žiline v EDIS vydavateľstve ŽU; 1. vydanie, 176 strán; Žilina; ISBN [3] Bus and Coach Forum, 2012, Bus Routes and Stops [4] Lothian Buses, 2012, Timetables, Tickets and Maps [5] Megabus, 2012, Ticket Booking [6] Vehicle and Operator Services Agency, 2011, Rules on Drivers Hours and Tachographs: Passenger-carrying vehicles in GB and Europe, Referee: Ing. Hana Jurkovičová, Ministerstvo dopravy, výstavby a regionálneho rozvoja Slovenskej republiky Enter to publishing: 30 th October