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Supervision

Viimati uuendatud: 20.02.2017

The Labour Inspectorate is a government agency operating within the area of government of the Ministry of Social Affairs which performs state supervision and applies enforcement by the state on the bases and to the extent prescribed by law. The agency operates according to the statutes.

The supervision of the driving time and rest period of drivers follows the principles set in the Administrative Procedure Act, and special regulation stipulated by the Traffic Act, Occupational Health and Safety Act, and elsewhere. Supervision is carried out by different methods, but generally, the employer is checked with a company visit. The aim of the visit is to check the fulfilment of requirements for drivers’ employment relationships, and the occupational and safety rules. Checks can be either general or follow-up. Supervision may only be carried out by a competent supervisory official.

During the company visit, the following is checked:

1. The driver’s daily work and resting time, breaks, and the weekly working, driving, and resting times;
2. Two-weekly driving time limitation observance;
3. The correspondence of record sheets, tachograph and driver’s card data, and print-outs to the requirements;
4. All documents and drivers’ notes related to the recordings;
5. Tying the remuneration and/or bonuses of hired drivers or drivers working under an employment contract to the driven distance and volume of transported goods;
6. Remuneration payment correspondence to requirements agreed in the passenger and goods transport general agreements.

Data collected by the supervisor during the company visit are as follows:

1. Kind of transport organized by the employer – international or domestic transport of passenger or goods, organized from the own budget or for a fee;
2. Number of vehicles that the company has, according to European Parliament and Council Regulation No 561/2006;
3. Whether the vehicle has an analogue or digital tachograph;
4. Number of violations discovered during the visit.

During the company visit, up to 12-months’ data is checked. Working, driving, and resting time data must be presented to the inspector for all employees, including temporary and leased drivers. The analogue tachograph record sheets, digital tachograph files, and documents replacing or explaining all records, and the drivers’ comments – all must be presented. It must certainly be checked that the original files of the digital tachograph will be presented to the inspector. Files that have been edited (even though only the file format has been changed) can no longer be seen as original data.

When the service of another person or company is used for copying and archiving the digital tachograph data, the checked company must guarantee that the inspector has all necessary access to data.

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