48.66. Is the break for rest and meals included in the driver's working time?
UAЧи зараховується перерва для відпочинку і харчування до робочого часу водія?
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This exam question focuses on the driver's work and rest schedule and its impact on road safety. In the context of the Traffic Rules of Ukraine, it is important to understand that driving while fatigued directly increases the risk of traffic accidents, which is why the traffic rules prohibit driving when the driver is tired or has reduced attention and reaction speed. Proper organization of breaks helps maintain work capacity and comply with the requirements for safe driving.
This question checks knowledge of where exactly the accounting of a driver's working time is regulated: the Traffic Rules of Ukraine do not contain provisions that determine whether a lunch break is included in working hours; instead, this is established by special acts. In particular, the Regulation on Working Time and Rest Time for Drivers of Wheeled Vehicles (Order of the Ministry of Transport and Communications No. 340) directly classifies the break for rest and meals as rest time, meaning it is not part of working hours, which is what is expected on the theoretical exam.
When analyzing the answer options, the statement that such a break is included in working hours contradicts the relevant Regulation, since during the break the driver does not perform work functions. The option "at the employer's discretion" is also incorrect, because the procedure for recording time is determined by regulatory documents, not by arbitrary decision. In practice, this knowledge is necessary for proper trip planning and compliance with traffic rules regarding not driving while fatigued.
Clause 2.9 (subclause "v" — prohibitions for the driver)
The driver is prohibited from: operating a vehicle while in a sick condition, in a state of fatigue, or under the influence of medicinal drugs that reduce attention and reaction speed.
This clause of the Traffic Rules indirectly concerns the necessity of rest (to prevent driving while fatigued), but does not regulate the accounting of "working time" and "breaks for rest and meals" as categories of labor/regime time.
Traffic Rules of Ukraine (current edition) — there are no provisions regarding the inclusion of breaks for rest and meals in the driver's working time
The Traffic Rules of Ukraine do not contain clauses that define "driver's working time" or directly establish whether a break for rest and meals is included in the working time; this issue is regulated by special normative acts outside the Traffic Rules (in particular, the Regulation approved by the order of the Ministry of Transport and Communications No. 340).
Thus, the correct answer is "Not included.", given that according to the content of the Traffic Rules, the issue of accounting working time/breaks is not regulated by the Traffic Rules, and a break for rest and meals is not "driving time" and is not defined by the Traffic Rules as working time.
When planning a driver's working day, it is important to distinguish between the time when the driver performs work duties (drives, prepares the vehicle for the trip, fills out necessary documents, etc.) and the time specifically allocated for recuperation. That is why the regulations separately highlight a break for rest and meals.
The Regulation on working hours and rest time for drivers of wheeled vehicles (Order of the Ministry of Transport and Communications No. 340) directly states that such a break is considered rest time, not working time. The logic is simple: during the break, the driver does not perform official duties and has the right to use this time to restore working capacity, meaning it is not "work" that is counted as working time.
For example, if a driver is working on a route and takes a 45-minute lunch break, these 45 minutes are not added to the duration of his working time. In such a situation, working time is counted only for the period when the driver is actually performing driving duties, and the break is a separate segment of rest time.
Therefore, the correct answer is "Not counted," since the break for rest and meals is classified as the driver's rest time and is not considered the performance of work duties.