Regulatory guillotine in action: new labor requirements for drivers

E. A. Yurova author of the article, Askon labor law consultant

Ensuring the implementation of the provisions of the Federal Law of July 31, 2020 N 247-FZ “On Mandatory Requirements in the Russian Federation” has found its implementation in significant changes in the regulation of labor of vehicle drivers.

In particular, the following were updated:

• Peculiarities of working time and rest time for vehicle drivers.
• Rules for the transportation of goods by road.
• Documents of transportation and movement of the vehicle.
• Rules for labor protection of vehicle drivers.
• Periodic medical examinations.
• Requirements for the qualifications of vehicle drivers.

Order of the Ministry of Transport of Russia dated 08.08.2018 N 296 “On approval of the Procedure for organizing and conducting pre-trip or pre-shift monitoring of the technical condition of vehicles” has become invalid.

Peculiarities of working time and rest time for drivers

Let's start with Order of the Ministry of Transport of Russia dated October 16, 2020 N 424 “On approval of the Peculiarities of working hours and rest time, working conditions of car drivers.”

The document is large and applies only to drivers of cars whose operation is part of their job duties, and drivers of cars who are individual entrepreneurs who drive the vehicle themselves.

The order defines a significant amount of measured information about working and non-working time. Of particular value is the definition of employment and its duration included in working hours:

• driving time,
• time of special breaks for rest from driving,
• time of work not related to driving a car.

In addition to working hours, the Order reflects the time of rest and breaks, which does not include the time of special breaks:

• break for rest and food provided during the working day (shift),
• daily (between shifts) continuous rest,
• weekly rest.

Innovations have determined changes in the procedure for recording working time, including the use of summarized recording of working time.

From January 1, the Decree of the Government of the Russian Federation dated December 20, 2019 N 1733 “On Amendments to the Traffic Rules of the Russian Federation” changed the driving and rest time standards for drivers of buses or trucks with a maximum permissible weight of more than 3.5 tons. Compliance with the new standards will be monitored by a tachograph.

Entry of a bus driver in the work book

The information specified in the document about a person’s work experience must be correct and correctly formatted. But there are situations when erroneous information is entered into it. We'll tell you how to make an entry about canceling an entry in your work book.

A series of work books by year of issue did not appear immediately. In 1939, books had a purple cover and did not have any degrees of protection. Soviet people used such documents from 1939 to 1974. Since 1974, they began to be protected from counterfeiting, including by assigning them individual numbers. Every year, protection methods became more reliable. How to check a work book by series and number can be found in special tables.

We recommend reading: How to calculate the average per capita income for a family of 4 people

New cargo transportation rules and new documents

Changes in the transportation of goods by road and regulation of the labor of drivers operating freight transport are determined by Decree of the Government of the Russian Federation of December 21, 2020 N 2200 “On approval of the Rules for the transportation of goods by road and on amendments to paragraph 2.1.1 of the Rules of the Road Traffic of the Russian Federation.”

The requirements of the Rules establish the procedure for organizing the transportation of various types of goods by road, ensuring the safety of goods, vehicles and containers, as well as the conditions for the transportation of goods and the provision of vehicles for such transportation. The types of documents introduced by the Resolution require special attention, for example, a waybill, which allows you to secure the fulfillment of the duties of the forwarder and enter other information about all participants in the transportation.

The procedure for filling out waybills, established by Order of the Ministry of Transport of Russia dated September 11, 2020 N 368 “On approval of mandatory details and the procedure for filling out waybills,” has also been updated. The new procedure determines the mandatory nature of the details and the possibility of entering the information required by the employer.

It is important that the information about the vehicle reflects its type, make, model, information about the trailer if available, mileage, date and time of mandatory technical condition control, date and time of release on the line and time of return, and the document itself is issued for each vehicle. This information is needed to record the costs of maintaining the vehicle and for other financial and other accounting purposes.

Changes in driver safety regulations

Innovations in the working hours of drivers and in documenting transportation were accompanied by changes in labor protection in road transport (Order of the Ministry of Labor of Russia dated December 9, 2020 N 871n “On approval of the Rules for labor protection in road transport”).

Changes in labor protection affected employers - legal entities, regardless of their organizational and legal forms, and individuals (with the exception of employers - individuals who are not individual entrepreneurs). They must be used when organizing and carrying out work related to the operation, maintenance, repair and inspection of the technical condition of vehicles.

Based on the Rules and requirements of the technical (operational) documentation of the vehicle manufacturer, the employer develops and approves labor protection instructions for employees and the types of work performed (if any at the enterprise).

Approval occurs by local regulatory act of the employer, taking into account the opinion of the relevant trade union body or other representative body authorized by employees (if any).

Changes in labor protection rules oblige the employer to provide training and instructions on labor protection, which requires:

• Conduct unscheduled training on labor protection for the organization’s managers and members of the labor protection commission.
• Conduct an extraordinary test of knowledge in the scope of the new rules on labor protection when an employee performs his labor function, when performing work on equipment with the preparation of the relevant documents.

We recruit a driver

7. Taxpayer identification number

(TIN) (optional, if available). In accordance with Art. 84 of the Tax Code of the Russian Federation, each taxpayer is assigned a single identification number throughout the entire territory of the Russian Federation for all types of taxes and fees.

We recommend reading: Personal qualities and professional skills of an operating room nurse

If an organization allows a driver to drive a vehicle who does not have a Russian national driver’s license or a temporary permit to drive vehicles, then the official responsible for the technical condition and operation of vehicles will be fined 50,000 rubles. (Article 12.32.1 of the Code of Administrative Offenses of the Russian Federation).

Periodic medical examinations

In continuation of changes in labor protection, on 04/01/2021, Order of the Ministry of Health of Russia dated 01/28/2021 N 29n “On approval of the Procedure for conducting mandatory preliminary and periodic medical examinations of workers provided for in part four of Article 213 of the Labor Code of the Russian Federation, a list of medical contraindications for work” comes into force with harmful and (or) dangerous production factors, as well as work during which mandatory preliminary and periodic medical examinations are carried out.”

The procedure for conducting mandatory preliminary and periodic medical examinations of workers, not only those engaged in work with harmful and (or) dangerous working conditions, but also those working in work related to traffic, etc., is changing. It is difficult to identify key norms in this order, because there are many changes and they all determine the actions of one or another employer.

Driver qualification requirements

In addition to extraordinary training on labor protection, Order of the Ministry of Transport of Russia dated July 31, 2020 N 282 “On approval of professional and qualification requirements for transportation of employees of legal entities and individual entrepreneurs specified in paragraph one of paragraph 2 of Article 20 of the Federal Law “On Road Safety” Changes have been made to the professional and qualification requirements for the following employees of legal entities and individual entrepreneurs when carrying out transportation:

• driver of a passenger car;
• truck driver;
• Bus driver;
• trolleybus driver;
• tram driver;
• vehicle technical condition controller;
• controller of the technical condition of urban ground electric transport vehicles;
• specialist responsible for ensuring road safety;
• consultant on safety issues related to the transportation of dangerous goods by road.

Updating and replenishment of missing professional qualification requirements is carried out by an educational organization that implements basic vocational training programs - vocational training programs for blue-collar professions, white-collar positions, retraining programs for blue-collar workers, white-collar workers, advanced training programs for blue-collar workers and white-collar workers (Article 12 of the Federal Law of December 29, 2012 N 273-FZ “On education in the Russian Federation”).

The training takes place at the employer's expense, because the employer's account, because. this training ensures road safety and is carried out for the purposes of the economic activities of a legal entity (Article 196 of the Labor Code of the Russian Federation dated December 30, 2001 No. 197-FZ).

As part of the “regulatory guillotine”, Order of the Ministry of Transport of Russia dated 08.08.2018 N 296 “On approval of the Procedure for organizing and conducting pre-trip or pre-shift monitoring of the technical condition of vehicles” loses force. Currently, a draft of a similar order of the Russian Ministry of Transport has been developed.

According to the project, it is assumed that control will be carried out during the preparation of a vehicle for a driver or group of drivers to perform one or several trips within one or several working days with the issuance of one waybill. As before, it is planned to record the control results in the registration log. At the same time, it is planned to exclude the driver’s last name, first name and patronymic from the mandatory details of the log (Resolution of the Government of the Russian Federation dated October 26, 2020 N 1742). This means that the regulatory guillotine makes it easier for employers to comply with legal requirements.

Requirements for officials. Order of the Ministry of Transport No. 287

Professional and qualification requirements for employees of legal entities and individual entrepreneurs engaged in transportation by road and urban ground electric transport

(Approved by Order of the Ministry of Transport of the Russian Federation dated September 28, 2015 No. 287)

Extracts

14. The following professional and qualification requirements are imposed on the inspector of the technical condition of motor vehicles:

14.1. A vehicle technical condition inspector must know:

• regulations on the maintenance and repair of rolling stock of road transport;
• regulations in the field of road safety in road transport;
• device, technical characteristics, design features, purpose and operating rules of vehicles;
• technical requirements for vehicles;
• basics of transport and labor legislation;
• rules and instructions on labor protection, fire protection.

14.2. A vehicle technical condition inspector must be able to:

• monitor the technical condition of vehicles.

14.3. One of the following requirements is imposed on the vehicle technical condition inspector:

• availability of a diploma of secondary vocational education in the specialty 23.02.03 “Maintenance and repair of motor vehicles” without presenting requirements for length of service (experience);
• availability of a diploma of education not lower than secondary vocational in specialties included in the enlarged group 23.00.00 “Equipment and technology of land transport”, with the exception of specialty 23.02.03 “Maintenance and repair of motor vehicles”, with requirements for length of service (experience) in the field of monitoring the technical condition and maintenance of vehicles for at least one year;
• availability of a diploma of education not lower than secondary vocational in specialties not included in the enlarged group 23.00.00 “Equipment and technology of land transport”, and a diploma of professional retraining under a professional retraining program with the qualification of an inspector of the technical condition of vehicles. There are no work experience requirements.

16. The following professional and qualification requirements are imposed on the specialist responsible for ensuring road safety:

See also: Changes in the law on compulsory motor liability insurance from September 25, 2017

16.1. A specialist responsible for ensuring road safety must know:

• regulations in the field of ensuring road safety and transportation of passengers and cargo;
• basics of labor legislation;
• rules and regulations of labor protection, safety, industrial sanitation, road safety and fire protection;
• purpose and main technical and operational characteristics of rolling stock of road transport, loading and unloading mechanisms and means for container and package transportation;
• rules for technical operation of vehicles;
• methods of planning, accounting and analysis of road transport;
• organization of the transportation process and labor of drivers and other workers involved in the operation of vehicles;
• the procedure for developing and approving plans for the production and economic activities of the enterprise.

16.2. A specialist responsible for ensuring road safety must be able to:

• develop and implement measures to prevent road accidents and monitor their implementation;
• analyze the causes of road accidents and violations of traffic rules committed by drivers of a legal entity or individual entrepreneur, in the prescribed manner prepare reports on road accidents and measures taken to prevent them;
• carry out reconciliation of data on road traffic accidents in which the rolling stock of the enterprise was involved with data from the State Inspectorate for Road Safety of the Ministry of Internal Affairs of Russia;
• develop or participate in the development of draft local regulations of a legal entity or individual entrepreneur on issues of ensuring road safety, including when transporting large, heavy and dangerous goods;
• organize and conduct mass propaganda work on road safety in a team;
• inform the driving staff, engineering and technical workers, management bodies of a legal entity, individual entrepreneur about the state of accidents, causes and circumstances of road accidents;
• establish the causes and circumstances of road accidents, identify violations of established requirements for ensuring road safety;
• control the admission of drivers to drive only those categories of vehicles for which the right to drive is granted to them in accordance with their driver’s licenses;
• control whether drivers undergo mandatory medical examinations;
• organize instructing drivers on the peculiarities of operating vehicles in various road and climatic conditions;
• monitor drivers’ compliance with the drivers’ work and rest schedule;
• organize driver training and the work of driver-mentors;
• organize the work of the road safety office (class) according to a plan approved by a legal entity or individual entrepreneur.

See also: Categories and subcategories of driver's licenses
16.3. The specialist responsible for ensuring road safety must have one of the following requirements:

• availability of a diploma of higher education in the field of training included in the enlarged group 23.00.00 “Engineering and technology of land transport”, and having passed certification in the prescribed manner for the right to occupy the corresponding position;
• availability of a diploma of higher education in a field of training not included in the enlarged group 23.00.00 “Engineering and technology of land transport”, and a diploma of professional retraining with the qualification of a person responsible for ensuring road safety, and having passed certification in the prescribed manner for the right to occupy the corresponding position job title.

16.4. There are no work experience requirements.

______________________________________________

On the website, in the “Road Traffic Safety Documents” section, you can find samples of documents necessary for organizing work on road safety.

You can also purchase a ready-made package of documents for organizing work on road safety on the website www.trans-otdel.ru. The cost of the package is 2500 rubles.

All documents are presented in Word and Excel format. In order to receive all the listed documents, just write to the email indicated in the “Contacts” , and you will be contacted within a day. Documents will be sent electronically to the email address you provided after confirmation of payment.

Head of the Transport Department Zuev Seraphim