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Organisation of Working Time
of Persons Performing
Road Transport Activities
PART A: GENERAL PROVISIONS AND DEFINITIONS
Introduction
In the framework of the harmonization of the Cyprus Legislation with the european acquis, the
Organisation of Working Time of Persons Performing Road Transport Activities Law of 2005 was
put into force on 6 May 2005.
Purpose
The main purpose of the Law is to set the minimum standards regarding the organization of
working time of those persons performing road transport activities towards the improvement of
the safety and health of these persons, and also
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the improvement of road safety;
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further alignment of conditions of competition in road transports, and
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the supplementing of the provisions of Regulation (EC) no. 561/2006 and the European
Agreement concerning the Work of Crews of Vehicles engaged in International Road Transport
(AETR).
Scope of application
The Law covers the mobile workers employed by undertakings established in the Republic and
participating in transports of goods or passengers by road under Regulation (EC) no. 561/2006,
the Driving and Rest Time of Road Drivers of Certain Vehicles Law and/or the AETR Agreement.
The Law, also, applies to self-employed drivers as from 23rd March 2009.
For the mobile workers who do not fall in the above categories, the provisions of the Safety and
Health at the Workplace Law of 1996 to 2003 apply.
Mobile worker
A mobile worker is any worker forming part of the travelling staff (driver, vehicle crew, other
travelling staff, as well as trainees and apprentices) of an undertaking which operates transport
services for passengers or goods by road, for hire or reward, or on its own account.
Self-employed driver
A self-employed driver is anyone whose main occupation is to transport passengers or goods by
road for hire or reward under a relevant professional licence to carry out the aforementioned
transports. Furthermore, the self-employed driver:
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must be free to work for himself and not be tied to an employer either by an employment
contract or any other type of working hierarchical relationship;
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must be free to organize the relevant working activities;
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has an income depending directly on the profits made;
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must be free, individually or through a cooperation among self-employed drivers, to have
commercial relations with several customers.
Person performing mobile road transport activities
A person performing mobile road transport activities is any mobile worker or self-employed driver
who performs such activities.
Workstation
Workstation is considered:
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the location of the main place of business of the undertaking for which the person performing
mobile road transport activities carries out duties, together with its various subsidiary places
of business, regardless of whether they are located in the same place as its head office or main
place of business;
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the vehicle which the person performing mobile road transport activities uses when he carries
out duties, and
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any other place in which activities connected with transportation are carried out.
Working time of mobile workers
The working time of the mobile workers is the time from the beginning to the end of work, during
which the mobile worker is at his workstation, at the disposal of the employer and exercising
his/her functions or activities. These activities are, in particular, the following:
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driving;
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loading and unloading;
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assisting passengers boarding and disembarking from the vehicle;
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cleaning and technical maintenance;
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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.;
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the times during which he/she cannot dispose freely of his/her time and is required to be at
his/her workstation, ready to take up normal work, with certain tasks associated with being
on duty.
Working time of self-employed drivers
The working time of the self-employed drivers is the time from the beginning to the end of work,
during which the self employed driver is at his/her workstation, at the disposal of the client and
exercising his/her functions or activities, other than general administrative work that is not directly
linked to the specific transport operation under way.
Period of availability
Period of availability is considered the time that the mobile worker is not required to remain at
his/her workstation, but must be available to answer any calls to start or resume driving or to
carry out other work. In particular such period includes:
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the periods during which the mobile worker is accompanying a vehicle being transported by
ferry boat or train;
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the periods of waiting at frontiers and those due to traffic prohibitions;
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for mobile workers driving in a team, the time spent sitting next to the driver or on the
couchette while the vehicle is in motion.
It is noted that the breaks and rest time are not considered as a period of availability.
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PART B: MAIN PROVISIONS OF THE LAW
Working time
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The average weekly working time of a mobile worker or a self-employed must not exceed
48 hours.
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The maximum weekly working time may be extended to 60 hours, only if the working time
of a mobile worker or self-employed driver, over a four months period, does not exceed
48 hours per week. This period starts from the first week of the extension of the working
time to more than 48 hours.
Working time in case of different employers
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The working time in case of working for two or more employers is the sum of working hours in
these employers. In this case, the employer asks the mobile worker concerned, in writing, for
an account of time worked for another employer and the mobile worker provides such information
in writing.
Breaks
After 6 working hours the mobile worker must take a break. The break time which is drawn on
the table that follows, must be according to the working time and may be divided into breaks of
at least 15 minutes each break.
Working time
Break
6-9 hours
At least 30 minutes
9 hours and above
At least 45 minutes
It is emphasized that the provisions for the breaks included in Regulation (EC) no.561/2006 must
be followed.
Daily and weekly rest
The relevant provisions of Regulation (EC) 561/2006 are applied for the rest periods of the mobile
workers which are summarized as follows:
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within 24 hours after the end of the previous daily or weekly rest period a driver takes a rest
period of at least 11 hours which may be reduced to 9 hours three times per week.
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during two consecutive weeks a driver must take one rest period of at least 45 hours per week
or a rest period of 45 hours one week and one of at least 24 hours the next. In the second
case where a reduced weekly rest period of at least 24 hours is taken, a compensatory rest
time must be given before the end of the third week that follows the week in question.
Night work
Night work is work of at least 4 hours, performed between 00:00 hours and 7:00 a.m. The night
work must not exceed 10 hours per 24 hours.
In relation to night work, compensation is given in accordance with the collective agreements or
agreements between employers and mobile workers’ representatives.
Driver not fulfilling the criteria of a self-employed driver
A driver not fulfilling the criteria of a self-employed driver has the same obligations and rights as
a mobile worker.
Information and records
An employer is required to:
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inform the mobile workers of the internal rules of the undertaking, the collective agreements
and any agreement of the undertaking;
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record the mobile workers’ working time in records which must be kept for at least two years;
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provide mobile workers, upon request, with copy of the records of the hours worked.
Self-employed drivers must keep records of the hours worked for 2 years from 23 March 2009.
PART C: OTHER PROVISIONS AND SANCTIONS
More favourable provisions
The Law does not prevent more favourable terms of employment by legislation, collective
agreements or otherwise.
Derogations
Derogations from the working and night time are allowed for objective or technical reasons or
for reasons relative to the working time. The derogations in question must be the result of
collective agreements or agreements between employers and mobile workers’ representatives.
It is emphasized that the calculation of the average weekly working time of 48 hours may not result
to a reference period longer than 6 months.
Appointment of Inspectors
The Minister of Labour and Social Insurance may appoint inspectors for the effective application
of the Law.
Obstruction of duties
Anyone who intentionally obstructs an inspector or a policeman from performing his/her duties
is guilty of an offence and in case of conviction he/she is liable to an imprisonment not exceeding
3 months or to a pecuniary fine not exceeding €1.281 or to both penalties.
Offences and penalties
Any person who does not comply with any of the provisions of the Law or the Regulations, issued
according to the Law, or allows to a person in his/her employment to proceed to such violation,
is guilty of an offence and on conviction, is liable to an imprisonment not exceeding 6 months or
to a pecuniary fine not exceeding €3.417 or to both penalties.
When a legal person commits the offence, every person acting on its behalf is guilty of an offence
and on conviction is liable to the penalties provided for the offence in question.
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