Section 5. Definitions

The following definitions shall apply in these regulations:
  1. 1.
    Working time: The period the employee is at the workplace and at the disposal of the employer, i.e.
    1. a.
      The time devoted to all road transport work. Such work includes driving, loading and unloading, assisting passengers in connection with boarding and disembarking from the vehicle, cleaning, technical maintenance and 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.
    2. b.
      The times during which the employee cannot dispose freely of his or her time and is required to be at his or her workstation, ready to perform his or her normal work, and certain tasks associated with the position are being performed. This applies, for example, to periods awaiting loading or unloading where it is not known in advance how long these can be expected to last .
    Working time shall not include rest breaks that are mentioned in section 15 and the periods the employee is available as mentioned in item number 2.
  2. 2.
    Periods of availability:
    1. a.
      Periods other than breaks and rest time where it is not required that the employee stay at his or her workplace but can be asked to accept driving, continue with driving or accept other work. This includes travel time with a ferry or train when the vehicle is aboard the ferry or train, waiting time at frontiers and waiting time as a result of traffic prohibitions. These periods shall be known to the employee in advance, and the employee shall be aware of how long the employee can be expected to wait.
    2. b.
      Time spent alongside the driver or on the couchette while the vehicle is in motion when there is more than one employee in the same vehicle.
  3. 3.
    Total working time: Working time including overtime.
  4. 4.
    Workstation: All places where work is performed that is related to the transport.
  5. 5.
    Employee: All employees, including trainees and apprentices, who are part of the travelling staff employed in an undertaking which operates passenger or goods transport on roads for its own account or another's.
  6. 6.
    Self-employed: All persons who meet the following requirements:
    1. a.
      Entitled to work for himself or herself without being tied to an employer by an employment contract or other forms of hierarchical employment relationships,
    2. b.
      Freely able to organise his or her own activities,
    3. c.
      Has an income that directly depends on the profit from the work and
    4. d.
      Is free to have business relationships with several customers, possibly through cooperating with other self-employed drivers.
  7. 7.
    Week: The period between 00.00 hours on Monday and 24.00 hours on Sunday.
  8. 8.
    Night work: Work that is performed in the period between 21.00 hours and 06.00 hours.