S.L. 65.19 Art. 33Information, records and penalties.

(1) A transport undertaking shall -

(a) organize the work of mobile workers in such a way that mobile workers are able to comply with the relevant provisions of these regulations and any other relevant legislation,

(b) notify every driver or any other mobile worker in his employment of the provisions of regulations 27 to 30, the internal rules of the transport undertaking, where applicable, and the provisions of any collective or any other agreement applicable to the said worker reached on the basis of these regulations;

(c) keep a record of any time worked by each mobile worker in his employment in accordance with regulation 73(1)(b). The working time may be recorded by any recording equipment available for the use of the mobile workers, or in a logbook issued by the Authority for the purposes of recording working time; and

(d) provide, at the request of a mobile worker, a copy of the record of hours worked by that mobile worker.

(2) A mobile worker shall, on the request of his employer, notify to his employer any time worked for another employer for inclusion in the calculation of the mobile worker’s working time.

(3) The records referred to in subregulation (1) shall be kept by the employer for a period of two years after the end of the period covered by the said records.

(4) Employers shall make periodic checks to ensure that all legal requirements have been complied with and if breaches are found to have occurred, the employer shall take appropriate steps to prevent their repetition.

(5) A self-employed driver shall keep a record of any working time by the use of any recording equipment available or in a log book issued by the Authority for such purposes and shall keep such records in his possession at all times during working times.

(6) The records referred to in sub-regulation (5) shall be kept by the self-employed driver for a period of two years after the end of the period covered by the said records.

(7) The self-employed driver and the employer of mobile workers shall, upon the request of the Authority, provide the Authority with copies of any records kept in accordance with this regulation for inspection by the Authority. Such copies shall be certified by the signature of the self-employed driver or the employer as the case may be.

(8) Any authorised inspecting officer may carry out any inspections at workstations in order to ensure compliance with this regulation.

(9) Any person who contravenes or fails to comply with the provisions of regulations 27 to 29 and 33 shall be guilty of an offence and shall be liable to a minimum fine (ammenda) of fifty-eight euros and twenty-three cents (58.23).