52.65. Is the break for rest and meals included in the driver's working time?

UAЧи входить перерва для відпочинку і харчування в робочий час водія?

Included.UAВходить.Not included.UAНе входить.

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This exam question from the theoretical test concerns the organization of a driver's work and road safety: the correct regime of work and rest directly affects attentiveness, fatigue, and the risk of road accidents. Although the Traffic Rules of Ukraine mostly regulate behavior on the road, it is important for the driver to understand related requirements that determine when they are actually working and when they have a legal period for recuperation.

In essence, it tests knowledge of a topic related to the sections of the traffic rules on the duties of the driver and general safety requirements, but an important nuance is that the composition of "driver's working time" is not directly defined in the Traffic Rules of Ukraine. This issue is regulated by special regulatory acts on the organization of drivers' work, 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 dated 07.06.2010), where in clause 4.3 it is stated that a break for rest and meals is considered rest time, not working time.

That is why the option that claims such a break is counted as working time is incorrect: during rest and meals, the driver does not perform labor functions related to driving and ensuring transportation. In practice, this means that a stop for lunch or a short rest during a trip is not added to the hours worked, but is recorded separately as recovery time, which helps comply with the work regime requirements and increases road safety.

Traffic Rules of Ukraine — no relevant clauses

The Traffic Rules of Ukraine do not contain provisions that define the composition of a "driver's working time" or explicitly establish whether a break for rest and meals is included in it. Such issues are regulated not by the Traffic Rules, but by special regulatory legal acts on the organization of drivers' work (in particular, the "Regulation on working time and rest time of drivers of wheeled vehicles," approved by the order of the Ministry of Transport and Communications No. 340 dated 07.06.2010, where clause 4.3 states that a break for rest and meals is not included in working time).

Thus, the correct answer is "Not included," given that, according to the definition of the Traffic Rules of Ukraine, this issue is not regulated by the Traffic Rules and belongs to the sphere of special regulation of drivers' working and rest time.

The driver's working time includes the period when they are actually performing work duties related to operating the vehicle and ensuring transportation. That is, this is the time when the driver is working: driving, performing necessary actions within the scope of work, and being responsible for completing the trip assignment.

The rest time is defined separately by regulations. The break for rest and meals specifically refers to such time: at this moment, the driver is not performing work functions, is not operating the vehicle, and has the opportunity to recover and eat. That is why such a break cannot be considered working time and is not included in its calculation.

For example, if during a shift the driver stops for 30–60 minutes to eat and rest, this period is not added to the total working time. It is separated from the period of actual work because it serves a different purpose — restoring work capacity.

Therefore, the correct answer is "Is not included," because a break for rest and meals is rest time, not the performance of the driver's work duties.

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