S.L. 65.21 Art. 36Duties of drivers.

A driver of a vehicle subject to this Part shall:

(a) ensure that recording equipment is installed and fully functional at all times in vehicles referred to in regulation 27 in the manner laid down in guidelines to be provided by the Authority;

(b) use the recording equipment in a manner as to fully comply with the provisions of the Motor Vehicles (Carriage of Goods by Road) Regulations and the Motor Vehicles (Carriage of Passengers by Road)

Regulations with respect to driving times, rest periods and breaks from driving;

(c) use the record sheets or driver cards every day on which they are driving, starting from the moment they take over the vehicle;

(d) refrain from using dirty or damaged record sheets or driver cards. The sheets or cards shall be adequately protected for this purpose;

(e) attach the damaged sheet to the spare sheet used to replace it where any sheet bearing recordings becomes damaged;

(f) amend the record sheets or driver cards as necessary should there be more than one driver on board the vehicle, so that the relevant information is recorded on the record sheet of the driver who is actually driving;

(g) return any record sheet which applies to him to his employer for inspection and retention as soon as practicable but not later than 21 days after its completion;

(h) ensure that the time recorded on the sheet agrees with the official time in the country of registration of the vehicle;

(i) operate the switch mechanisms enabling the following periods of time to be recorded separately and distinctly:

i. under the sign: driving time;

any activity other ii. under the sign: than driving, namely:

(i) loading and unloading;

(ii) assisting passengers boarding and disembarking from the vehicle;

(iii) cleaning and technical maintenance;

(iv) all other work intended to ensure the safety of the vehicle, its cargo and passengers or to fulfil the legal or regulatory obligations directly linked to the specific transport operation under way, including monitoring of loading and unloading, administrative formalities with police, customs, immigration officers, etc.;

(v) other work for the same or another employer, within or outside the transport sector;

iii. under the sign: availability, namely: - periods other than those relating to break times and rest times during which the driver is not required to remain at his workstation, but must be available to answer any calls to start or resume driving or to carry out other work. In particular such periods of availability shall include periods during which the driver is accompanying a vehicle being transported by ferryboat or by train as well as periods of waiting at frontiers and those due to traffic prohibitions. These periods and their foreseeable duration shall be known in advance by the driver, that is to say either before departure or just before the actual start of the period in question, or under the general conditions negotiated between the social partners and, or under the terms of existing legislation;

breaks in work and iv. under the sign: daily rest periods;

(j) not withdraw the record sheet or driver card before the end of the daily working period unless its withdrawal is otherwise authorised; and

(k) use a record sheet to cover a period longer than that for which it is intended.