Violation of a driver’s work and rest schedule: companies’ liability

LEGAL DIGEST \ 19.08.2019

Starting from 1 November 2019, liability for the violation of the work and rest schedule for drivers will be imposed not only on workers of such category, but also on their employer. The amendments also affect companies that use motor vehicles for their own needs.

At present, according to the general rule within the framework of labour legislation, liability is imposed on an employer in the form of a fine of RUB 30,000 to RUB 50,000 for violating the drivers’ work and rest schedule. However, owing to pending amendments for the failure to comply with such requirements, provisions imposing sanctions will be changed so that they are in the following amounts:

• for drivers – from RUB 1,500 to RUB 2,000;
• for a company’s officers – from RUB 7,000 to RUB 10,000;
• for individual entrepreneurs – from RUB 15,000 to RUB 20,000; and
• for legal entities – from RUB 20,000 to RUB 50,000.

Currently, the following work and rest schedule applies to drivers:

• driving during the day – not more than 9 hours;
• mandatory breaks – 45 minutes every 4.5 hours, or two breaks of 15 and 30 minutes;
• rest for drivers – not less than 11 hours a day;
• total driving time over a week – not more than 56 hours, and not more than 90 hours over two weeks;
• an exception is that a driver can drive a motor vehicle for 10 hours without stopping, but no more often than twice a week.

Please contact Acsour’s specialists as to how employment legislation should be applied and relevant documents should be formalized, as well as regarding occupational health and safety issues.