Restriction of hours of work of drivers
AI Assist
Summary
Drivers' working hours must follow the limits set in the Motor Transport Workers Act, 1961. A State Government can grant emergency exemptions and may require employers or the State/Regional Transport Authority to fix and record hours in advance. No one may make a driver work outside those fixed or recorded hours; rules can also treat waiting on or near the vehicle as rest in specified circumstances.
Example
Ravi drives a goods truck for a transport company. His employer fixes and records his daily hours in advance as required. The company cannot ask Ravi to drive beyond those recorded hours, except under a notified emergency exemption; if he is told to wait near the truck for a prescribed interval, that time may be treated as his rest period.
Bare Act
Enacted text(1) The hours of work of any person engaged for operating a transport vehicle shall be such as provided in the Motor Transport Workers Act, 1961 (7 of 1961).
(2) A State Government may, by notification in the Official Gazette, grant such exemptions from the provisions of sub-section (1) as it thinks fit, to meet cases of emergency or of delays by reason of circumstances which could not be foreseen.
(3) A State Government or, if authorised in this behalf by the State Government by rules made under section 96, the State or a Regional Transport Authority may require persons employing any person whose work is subject to any of the provisions of sub-section (1) to fix beforehand the hours of work of such persons so as to conform to those provisions, and may provide for the recording of the hours so fixed.
(4) No person shall work or shall cause or allow any other person to work outside the hours fixed or recorded for the work of such persons under sub-section (3).
(5) A State Government may prescribe the circumstances under which and the period during which the driver of a vehicle although not engaged in work is required to remain on or near the vehicle may be deemed to be an interval for rest within the meaning of sub-section (1).
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