Fahrpersonalverordnung

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Basic data
Title: Ordinance on the implementation of the Driving Personnel Act
Short title: Fahrpersonalverordnung
Previous title: Regulation implementing Regulation (EEC) No. 543/69
Abbreviation: FPersV
Type: Federal Ordinance
Scope: Federal Republic of Germany
Legal matter: Traffic law
References : 9231-8-3
Original version from: August 22, 1969
( BGBl. I p. 1307 ,
ber.p. 1791 )
Entry into force on: October 1, 1969
and October 1, 1970
Last revision from: June 27, 2005
( Federal Law Gazette I, p. 1882 )
Entry into force of the
new version on:
July 2, 2005
Last change by: Art. 1 Regulation of 8 August 2017
( Federal Law Gazette I, p. 3158 )
Effective date of the
last change:
August 18, 2017
(Art. 3 of August 8, 2017)
Please note the note on the applicable legal version.

The German Fahrpersonalverordnung (FPersV), which was enacted on the basis of § 2 No. 3 FPersG (Fahrpersonalgesetz), contains regulations for the area of ​​goods transport by vehicles with a gross vehicle weight of over 2.8 t and up to 3.5 t as well as the The area of ​​passenger transport with vehicles that are suitable for the transport of more than nine people and are used in regular services with a line length of up to 50 km. It fills a gap in the otherwise directly applicable European law in Germany. In this respect, the FPersV regulates the driving and rest times in the national area, the certification infrastructure, the use of the control system according to EC regulations and the central control device card register, and finally it contains administrative offenses with fines.

Driving and rest periods

Daily check sheet

The daily check sheet, also known as the logbook for driving and rest times, must be kept as a personal checkbook according to Section 1 (6) FPersV based on the model in the appendix to the European "Agreement on the Work of Drivers Employed in International Road Traffic" ( AETR ). Drivers of vehicles for the transport of goods with a gross vehicle weight of more than 2.8 t up to 3.5 t must be § 1 FPersV for the territory of the Federal Republic of Germany adhere to the driving and rest times and must keep a personal control sheet. If there is an EC control device or a tachograph in the vehicle, it must also be used in these cases ( Section 1 (7) FPersV).

Recording and archiving obligations

Based on this regulation, drivers have to keep records of driving times, all other working hours, driving time breaks and rest periods. If there is no control device ( tachograph ) installed in the vehicle, manual recording on special daily control sheets is sufficient. If a control device, regardless of whether it is analog or digital, is installed in the vehicle, it must be used. Appropriate record sheets (so-called speedometer disks) must be used for an analogue control device. To operate the digital control device (digital tachograph), driver cards are required on which the recorded data is saved.

The company (employer) must keep the manual daily control sheets and the record sheets of the analogue control device for one year in accordance with Section 1 (6) FPersV and destroy them by March 31 of the following calendar year after the retention period has expired, unless other retention obligations (e.g. according to the Working Hours Act ). The two-year archiving period in accordance with Section 2 (5) FPersV old version for data that the digital control device records in the device's internal memory and on the driver card no longer applies on January 31, 2008. An archiving period is no longer specified. However, the entrepreneur is still obliged to read the data stored on the driver card at least every 28 days and to save a backup copy in the company. He must check this data and inform the driver of any violations. The data stored in the mass memory of the digital control device must be copied every 90 days at the latest and stored in the company. In addition, a backup copy of the copied data must be made on a separate data carrier ( Section 2 (5) FPersV). Since January 31, 2008, the company has also been obliged to keep data on controls carried out by responsible persons for one year ( Section 2a FPersV).

Individual evidence

  1. Regulation (EC) No. 561/2006 , Regulation (EC) No. 2135/98 and Regulation (EEC) No. 3821/85 in the consolidated version of April 11, 2007

See also

Web links