S.L. 499.56 Art. 73Working time and driving period.

(1)(a) The average weekly working time, including overtime, for a mobile worker or a self-employed driver shall not exceed forty-eight hours:

Provided that the maximum weekly working time for a mobile worker or a self-employed driver may be extended to sixty hours only if, over a period of seventeen consecutive weeks, an average of forty-eight hours a week is not exceeded: Provided further that the said period may be extended in relation to mobile workers and self-employed drivers for objective or technical reasons or reasons concerning the organization of work, by a collective agreement, an agreement between social partners or any other agreement entered into between the employer and mobile workers employed by him in compliance with national legislation, from a period of seventeen weeks to a period not exceeding twenty-six weeks.

(b) Working time for a mobile worker employed by different employers shall be the sum of the working hours. The employer shall ask the mobile worker concerned in writing for an account of time worked for another employer and the mobile worker shall provide such information in writing.

(c) Where night work is performed, the daily working time of a mobile worker or a self- employed driver shall not exceed ten hours in any period of twenty-four hours: Provided that the period of ten hours may be extended in relation to mobile workers and self-employed drivers for objective or technical reasons or for reasons concerning the organisation of work, by a collective agreement, an agreement between social partners or any other agreement entered into between the employer and mobile workers employed by him in compliance with national legislation.

(d) An employer shall ensure that the time limits specified in this regulation are complied with in the case of each mobile worker employed by him.

(e) The times of breaks, rests and periods of availability shall not be included in the calculation of working time.

(f) A period of availability shall not be treated as such unless the mobile worker knows about that period of availability and its reasonably foreseeable duration before the commencement of that period of availability.

(g) The time spent by a mobile worker driving in a team, the time spent sitting next to the driver or on the couchette while the passenger transport vehicle is in motion shall be a period of availability for that mobile driver.

(2) (a) The daily driving time, including all driving time on the territory of the European Union or of a third country, shall not exceed nine hours, but it may be extended up to twice in any week to not more than ten hours.

(b) A driver must, after no more than six daily driving periods, take a weekly rest period as defined in regulation 75(3).

(c) The weekly rest period may be postponed until the end of the twelfth day if the total driving time over the twelve days does not exceed the maximum corresponding to twelve daily driving periods.

(3) The weekly driving time, including all driving time on the territory of the European Union or of a third country, shall not exceed fifty-six hours and shall not result in the maximum weekly working time laid down in sub-regulation (1)(a).

(4) The total period of driving in any period of two consecutive weeks shall not exceed ninety hours.

(5) A driver shall record as "other work" any time spent in activities as defined as "working time" in regulation 2 as well as any time spent driving a vehicle used for commercial operations not falling within the scope of this regulation, and shall also record any "period of availability", as defined in regulation 2, since his last daily or weekly rest period. This record shall be entered either manually on a record sheet, a printout or by the use of manual input facilities on recording equipment.