The decision of the German Ministry of Transport confirms earlier information of the BAG office regarding audits concerning sleeping in the cabin. An audit is not an interruption of the time of a weekly rest. This interpretation is intended to facilitate the enforcement of the ban.
A decision issued recently by the German Ministry of Transport is supposed to determine the manner of auditing in regard to sleeping in a car. Germany introduced a ban on spending a weekly rest in the truck cabin in May by the amendment to the Drivers Law (Fahrpersonalgesetz). Although six months have passed, there is still a lot of confusion regarding these provisions and the manner of the enforcement thereof. Only after the request of the Polish Transport Forum Association (Stowarzyszenie Polskie Forum Transportu), the Federal Office for Freight Transport (BAG) has answered questions regarding the audit and the formalities related thereto.
Audit does not interrupt the weekly rest
The German Ministry of Transport confirms the statement of the BAG. What is important for drivers is the information that an audit conducted by the BAG officials does not mean an automatic interruption of a trucker’s rest, as the mere reading data from the tachograph does not require any involvement from the driver, as the German ministry emphasises. Furthermore, the audit that involves only reviewing the prints is not registered in the memory of the device. So, there is not „other work,” as defined by the EC regulation, as long as the driver is not forced to conclude formalities or make a conversation during the audit.
Comment from the Translawyers Law Firm
The position of the BAG regarding the principles of audits of weekly rests in Germany has explained a few issues that have been controversial from the very beginning. It is worth remembering, however, that the audit itself does not cause an interruption of a driver’s weekly rest but the situation changes if it turns out that the driver has already used their minimum period of 45-hour rests,” comments Paulina Eliasz-Pietrusewicz from the –Translawyers Law Firm.
– In that case, a full control is conducted, during which active involvement of the driver is necessary; the driver’s involvement is included in their working time and the rest period is automatically interrupted. The BAG is aware that the neighbouring countries may interpret these provisions differently, that is why it assures that if there are no objections, the audit will not be entered into the driver card or record sheet as an interruption of the weekly rest – explains Paulina Eliasz-Pietrusewicz.