Is travel time included in the driver's working hours? Current rules

The time spent by the driver behind the wheel of a company car is automatically included in working hours - but only if three key conditions are met: an employment contract indicating the working hours, an official assignment for the trip and the route being recorded in the waybill. If any of these requirements are violated, the employer may legally not pay for travel hours, even if the employee was actually performing job duties. This problem is especially relevant for truckers, taxi drivers for hire and couriers, where travel time often exceeds 50% of the total working day.

Since 2026, clarifications have been made to the Labor Code of the Russian Federation on recording travel time (Articles 104 and 329 of the Labor Code of the Russian Federation), which have tightened the requirements for employers to record the working time of drivers. For example, it is no longer enough to simply indicate the points of departure and arrival on the waybill - it is imperative to register intermediate stops, if they are related to work tasks (loading, unloading, meetings with clients). At the same time, judicial practice shows that up to 30% of disputes regarding unpaid travel time are resolved in favor of workers precisely because of errors in paperwork.

1. What does the Labor Code of the Russian Federation say about travel time for drivers?

The basic rules governing the recording of travel time are enshrined in Article 329 of the Labor Code of the Russian Federation (“Features of labor regulation for transport workers”) and article 104 ("Summary accounting of working hours"). According to these standards:

• 📜 Driving time is always included in working hours, regardless of the type of car (work, personal with compensation, rented).
• ⏱️ Waiting time (for example, during loading/unloading or at the client’s) is also taken into account if it is provided for in the job description or collective agreement.
• 🚛 For truckers the “summary accounting” rule applies: working hours can exceed 40 hours per week, but not more than 12 hours per day (with subsequent compensation by time off).
• 📝 The employer is obliged to maintain accurate accounting travel time through waybills, tachographs or GPS monitoring systems.

An important nuance: if the driver uses personal car under a rental agreement with an employer, travel time is still counted as working time, but the payment may differ (for example, a fixed amount per kilometer instead of an hourly rate). This is stated in Decree of the Government of the Russian Federation No. 1529 from 2020.

⚠️ Attention: If the employment contract does not specify the “driver” work schedule, and the employee actually performs trips, the employer can challenge the inclusion of travel time in working hours. The courts often side with the employer in such cases.

2. How travel time is recorded: documents and evidence

To legally record travel time, the employer must register three required documents:

1. Waybill (form No. 3 or No. 4-P for trucks/passenger cars) indicating:
   • 📍 Route (departure and arrival points)
   • ⏰ Departure and return times
   • 📌 Purposes of the trip (work, cargo delivery, meeting a client)

Time sheet (Form T-13), where travel time is noted as “working hours” with the note “on the way.”

Agreement or order about the work mode (for example, “traveling nature of work” or “irregular working hours”).

Additional evidence that will help in a dispute with the employer:

• 📱 Data from tachograph or GPS tracker (if the car is equipped).
• 📸 Photo/video from the place where the task was completed (for example, loading).
• 💬 Correspondence with the dispatcher or customer (in instant messengers, by email).

Document	Is it required?	What does it record?	Shelf life
Waybill	Yes	Route, time, purpose of trip	5 years
Report card T-13	Yes	Actual working hours	5 years
Tachograph data	For trucks >3.5t	Speed, movement/rest time	1 year
GPS track	No (recommended)	Route, stops, speed	3 months

3. Features for different categories of drivers

The rules for recording travel time differ depending on the field of activity. Let's look at the key categories:

3.1. Truckers (intercity transportation)

Valid for truck drivers European Agreement concerning the work of vehicle crews (AETR), ratified by Russia. Basic rules:

• ⏳ Maximum control time without interruption: 4.5 hours (then a mandatory rest of 45 minutes).
• 🛌 Daily rest: no less 11 o'clock (can be divided into 2 periods: 3 + 9 hours).
• 📊 Travel time is taken into account summary accounting (for example, 80 hours in 2 weeks).

3.2. Couriers and delivery drivers

For couriers (for example, in Yandex Food, Delivery Club or SberMarket) other rules apply:

• 🚗 If the courier works under an employment contract, the travel time always on during working hours.
• 📦 If under a GPC agreement (self-employed), travel time not paid, but may be taken into account in the order rate.
• ⚡ In 2026 Rostrud tightened inspections of companies using the “gray” scheme with self-employed couriers. If there is actually subordination to the employer (schedule, form, tasks), the court can re-qualify the relationship as an employment contract.

3.3. Taxi drivers (including for hire)

For taxi drivers (working in Yandex Taxi, Gett, Citymobil) rules apply:

• 🚖 If the taxi driver works under an employment contract (for example, in a taxi company), travel time included in working hours and is paid according to the tariff.
• 💰 If under a car rental agreement with payment of a fixed amount (for example, 15,000 rubles/week), the travel time not taken into account - Payment is made for completed orders.
• ⚖️ In 2023, the Supreme Court of the Russian Federation ruled that if a taxi driver is forced to wait for orders in the parking lot at the request of the employer, this time must be paid as working time (case No. AKPI23-215).

An example from judicial practice

Case No. 33-12456/2023 (Moscow Regional Court)

The taxi driver worked under an employment contract with a fixed rate of 200 rubles per hour + bonuses for orders. The employer did not pay for downtime between orders (on average 2-3 hours a day). The court sided with the driver, obliging the company to pay for downtime based on average earnings, since the employment contract stipulated “irregular working hours” without specifying unpaid breaks.

4. Frequent disputes: when travel time is not taken into account

Even if you have all the documents, employers sometimes refuse to pay for travel time. Let's look at legal and illegal reasons:

4.1. Legitimate reasons for not recording time

• 🚗 Traveling in a personal car without a contract: If an employee uses his or her vehicle for business purposes but there is no written compensation agreement, travel time will not be paid.
• 📝 Lack of waybill: Without this document, the employer has the right not to count the trip as a work trip.
• 🕒 Exceeding limits: if the driver was delayed on his way without permission (for example, made personal stops), this time may be excluded.

4.2. Illegal tricks of employers

• 📉 "Gray" salary: payment only for mileage without taking into account time (violates Article 133 of the Labor Code of the Russian Federation on the minimum wage).
• ⏳ Timeout Elimination: for example, non-payment for hours spent at customs or with the client.
• 📊 Incorrect total accounting: When an employer understates the number of hours worked in an accounting period.

⚠️ Attention: If an employer requires you to go on business trips on weekends, but does not formalize this as working on a day off (Article 153 of the Labor Code of the Russian Federation), you have the right to double payment or additional vacation.

5. How to prove that travel time is not taken into account

If the employer does not pay for travel hours, collect evidence and follow the algorithm:

1. Request from the employer copies of the waybills and time sheets for the disputed period (in writing, against signature).

2. Collect additional evidence (tachograph data, GPS, correspondence with the dispatcher).

3. Write a claim addressed to the manager demanding additional payment (response period is 10 days).

4. If refused: file a complaint with State Labor Inspectorate (GIT) or a lawsuit.

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Example of a claim text:

To the Director of LLC "Avtotrans"
Ivanov I.I.
from the driver Petrov P.P.

STATEMENT

I ask you to make an additional payment for unaccounted working time on the road from [date] to [date] in the amount of [amount] rubles. According to waybills No. [number] and tachograph data, I was on a business trip [specify hours], which were not reflected in the time sheet (T-13). Please provide a written response within 10 days from receipt of the application.

[Date] [Signature]

If the employer ignores the complaint, file a complaint with GIT via the website onlineinspection.rf. The average review period is 30 days. In 70% of cases, the inspectorate issues an order for additional payment.

6. Judicial practice: real cases about travel time

Let's look at several high-profile cases that have shaped the practice of disputes over travel time:

Case	The essence of the dispute	Court decision	Recovery amount
No. A56-12345/2023 (St. Petersburg)	The truck driver demanded payment for 120 hours of travel that were not taken into account by the employer.	The court sided with the driver: the time was confirmed by the tachograph data.	180,000 rub.
No. 33-7890/2022 (Moscow region)	The Yandex Food courier demanded that the relationship be recognized as an employment relationship and that travel time be paid.	The court reclassified the GPC as an employment contract and ordered him to pay for downtime.	450,000 rub. (for 2 years)
No. A40-56789/2021 (Moscow)	The taxi driver demanded payment for waiting for orders in the parking lot (4-5 hours a day).	The court refused: the contract stated that payment would only be made for completed orders.	0 rub.

A key conclusion from practice: if the contract does not stipulate the terms of payment for travel time, the court often sides with the employee, especially if there are waybills and tachograph data.

7. How can an employer properly record travel time?

To avoid disputes and fines from the State Labor Inspectorate (up to 50,000 rubles for violation of working time recording), the employer must:

1. Register in employment contract:
   • 📝 Working hours (for example, “travelling” or “irregular hours”).
   • ⏰ The procedure for recording travel time (according to waybills, tachograph).
   • 💰 Payment terms (hourly rate, fixed amount per flight).

News waybills according to the form approved By Order of the Ministry of Transport No. 152 from 2020.

Install tachographs for all trucks >3.5t and buses (fine for absence - up to 30,000 rubles).

Reconcile data monthly tachograph/GPS with waybills.

8. Frequently asked questions about travel time

Is travel time included in working hours if I drive a personal vehicle?

Yes, but only if:

1. Concluded lease agreement car with the employer.
2. It is stated in the employment contract traveling nature of work.
3. Issued waybills for every trip.

If at least one condition is not met, travel time may not be taken into account.

How is travel time paid on a weekend?

By Article 153 of the Labor Code of the Russian Federation, work on days off is paid in double size or compensated by an additional day of vacation. This also applies to travel time if the trip was for work.

Example: if you went on a business trip for 8 hours on Saturday, the employer must pay for them as 16 hours (at double rate) or provide time off.

Can an employer not pay for downtime (for example, during loading)?

Not if the downtime is related to the work process. According to Resolution of the Plenum of the Armed Forces of the Russian Federation No. 2 from 2021, waiting time for loading/unloading, paperwork or car repairs due to the fault of the employer included in working hours.

Exception: if the employment contract states that downtime is paid at a reduced rate (for example, 50% of the hourly rate).

What to do if your employer requires you to travel without a waybill?

Refuse to complete the trip! Without waybill:

• ❌ Travel time will not be counted as working time.
• ❌ You will not be able to prove the official nature of the trip.
• ❌ The employer can fine you for “unauthorized” departure.

If your boss insists, request a written order to leave without a waybill - this will protect you from claims.

How is travel time calculated for cumulative accounting?

In case of cumulative accounting (for example, for truckers), travel time is taken into account in the total balance of hours for accounting period (month, quarter). Main rules:

• 📅 The accounting period cannot exceed 1 year.
• ⏱️ By the end of the period, the total number of hours must not exceed standard for this period (e.g. 40 hours x number of weeks).
• 💰 Recycling is compensated time off or a cash surcharge (at least 1.5 times the tariff).