As off March 28th the new regime setting the standards on periods of driving and rest for professional drivers enters into force, as well as mandatory use of tachograph in passenger or loads public transportation. This diploma applies to active professional drivers and passengers or load public transportation driving on public or private roads opened to the public. The passenger and load transportation must use a tachograph from March 28th onwards.
Driving time period
The driving time period is of eight hours, and professional drivers must not drive for a period over four consecutive hours without taking at least thirty minutes rest. The daily driving period includes preparative activities for the voyage and also the period after the effective driving if required by Road Safety.
In case of suitably proved force majeure, the daily driving period can be expanded for two more hours to:
- allow rotation or turns if the shift ends before arriving at the site;
- allow to abandon an extraordinary situation and arrive to a safe place to rest;
- compensate the time spent in traffic management throughout the journey.
The driving time control is effected by the digital or smart tachograph, that must be installed in the vehicle, for recording the driving activity, automatic or semi-automatic data logging and saving concerning the progress of that vehicle.
Resting period
In a 24 hours period, the driver must keep a minimum 11 hours rest period, which can be divided by nine hours periods plus two in the same day. For long distance journeys the weekly rest is 36 hours for each week of work or fraction of the week of work, and this effective after the driver's return to the company headquarters or subsidiary and/or his/her home. During these journeys, as well as during shipment or landing operations, loading or unloading and control at border tax and customs, the pause period exceeding the regular journey is logged as waiting period.
Use of Tachograph
Freight vehicles with gross weight over 3,5 tonnes, and passenger vehicles with over 9 places, including the driver, if connected to public service, must have an analogic, digital, smart tachograph or other instrument to record the driving activity.
Only duly certified tachographs shall be allowed, and those are also subjected to metrological control operations executed by certified installers or service technicians.
Both transporter and driver must ensure the correct operation and usage of the tachograph.
Employers or lessees of vehicles equipped with digital or smart devices must fully or partially transfer the data on the control device and data from the driver to any external, reliable and suitable data storage media.
Driver's control data transfer or download is required in the following cases:
- end of each month to prevent data overlapping;
- if the driver stops working for that employer;
- if the card expires;
- prior to return the card to the issuer, whenever required.
Whereas, data transfer from the digital or smart device is required:
- at least once in every three months;
- with each sale, restitution or concession of vehicle use to a third party;
- if detected any malfunction in the device and data transfer is still possible.
Employers and lessees of vehicles equipped with digital or smart devices must keep the data transferred from the tachograph for a minimum period of three years from the registry date.
In case of failure or malfunction, the transporter must endeavour the tachograph repair at certified shops or installers.
Employers or lessees of vehicles equipped with tachographs are responsible for training their drivers.
Supervision
The control of observance of the rules established in this diploma is the responsibility of the road police, National Institute for Land Transportation, municipalities at roads, streets and municipal routes, and to General Labour Inspectorate.
Failure to comply with these rules is an offence subjected to a 8,000 MT to 10,000 MT fine.
References
Decree n.º 23/2015, of 30th September