Changsha bus driver reported being suspended for driving more than 12 hours a day? The company denies that he is emotionally unstable. Bus driver | Time | Company
On August 1st, Mr. Fu, a bus driver in Changsha, reported to the Xiaoxiang Morning Post Chenyi Help reporter through the "Headlines Help" Changsha channel on Today's Headlines that his company, Changsha Public Transport Operation Co., Ltd., violated relevant regulations by allowing bus drivers to drive for more than 12 hours a day, which could easily cause fatigue driving and require him to take responsibility for traffic accidents. After reporting this matter to the relevant department, he was actually suspended from work.
The driving record provided by Mr. Fu for a certain day in June shows that the train departs at around 7 pm and ends at around 10 pm, with a driving time exceeding 12 hours.
The responsible persons of Changsha Public Transport Operation Co., Ltd. and its affiliated Changsha Public Transport Group Co., Ltd. responded that Mr. Fu's report of driving for more than 12 hours per day is not true. Because bus drivers are a special industry, their driving time is affected by road conditions, and their daily driving time fluctuates. However, it is guaranteed that their working hours are within the legal range every month, and there is no situation where they exceed 12 hours per day. The reason why he is not allowed to drive on the road is because he was found to be emotionally unstable, which can easily cause traffic safety hazards.
Complaints from bus drivers:
Driving for over 12 hours a day can lead to fatigue driving
Mr. Fu introduced that he is 32 years old and joined Changsha Public Transport Operation Co., Ltd. in September last year. He is a driver on the 805 line. But in his work, he found that there were many unreasonable aspects to the company's system, such as driving more than 12 hours a day on most working days, which seriously violated relevant industry regulations.
Mr. Fu's 805 line travels from Hongshan Bridge in Kaifu District to Heishi Resettlement Community in Tianxin District. Mr. Fu said that each one-way trip takes about 2 hours. If it is a regular shift, he needs to run 6 one-way trips a day. Sometimes it is a peak shift, and he needs to run four trips. He takes about 9 days off per month. The departure time of each shift is fixed. If the arrival time at the terminal is before the next departure time, you can take a break. However, if the departure time is exceeded, you will have to start immediately after arriving at the station, which can easily cause fatigue driving.
"Many people used to say that bus drivers drive fast just to catch up," Mr. Fu said.
Mr. Fu provided his driving photos and departure schedule on June 16th. The departure time from Hongshan Bridge was 7:24 pm, during which each trip took 126 minutes, 113 minutes, 110 minutes, 124 minutes, 155 minutes, and 113 minutes, totaling 12 hours and 21 minutes. The last trip arrived at Hongshan Bridge around 10 pm.
What makes Mr. Fu feel even more unreasonable is that prolonged driving can easily lead to fatigue driving, and if a traffic accident occurs as a result, the driver himself also has to take responsibility.
Last November, while driving a bus one night, he accidentally closed the car door and caught a passenger's heel, causing the passenger to fall and break. The traffic police ultimately held him fully responsible, and the insurance company paid a total of over 20000 yuan. However, the company demanded that he bear 20% of the responsibility, suspended work for 9 days, and deducted the full attendance award and some year-end bonuses.
"I only earn four to five thousand yuan a month, which is equivalent to working for nothing for one or two months," Mr. Fu said. In June of this year, he began reporting violations of regulations by Changsha Public Transport Company to multiple departments and channels, and was soon required to suspend work by the company.
Company response:
The daily travel time is dynamic,
But the monthly working hours are within the legal range
Mr. Fu provided a notice to Changsha Public Transport Operation Co., Ltd. in July, stating that due to your inadequate learning, incomplete understanding, and unclear grasp of the relevant rules and regulations formulated by the company. We hereby authorize a business department to notify you that starting from today, the work will be suspended for learning. Please report to the Safety Management Department of the business department for learning. During this period, the work stoppage salary and attendance will be paid.
On August 1st, Xiaoxiang Morning Post Chenyi helped the reporter contact Li, the captain of the 805 route fleet of Changsha Public Transport Operation Co., Ltd., to verify the relevant details. Li claimed that he would not accept the interview and could contact his company instead.
A person in charge of Changsha Public Transport Operation Co., Ltd. denied Mr. Fu's complaint. He stated that bus drivers are a special industry, and their driving time on the road is related to the road conditions, which is dynamic and varies from day to day. However, the total working time for a month is within the scope of labor regulations.
According to the Labor Law, the state implements a working hour system where the daily working hours of workers do not exceed eight hours and the average weekly working hours do not exceed forty-four hours.
The person in charge also stated that the reason why Mr. Fu is not allowed to drive on the road is because the company has had multiple interviews with him before and found that his thoughts and emotions are unstable, which can easily cause safety hazards. The company had previously requested a job transfer, but no agreement was reached.
The staff of Changsha Public Transport Group, a subsidiary of Changsha Public Transport Operation Co., Ltd., provided a written response. Regarding Mr. Fu's alleged violation of traffic laws, the response stated that on July 14, 2022, Changsha City launched the "Summer Road Traffic Safety Rectification Hundred Day Action". The Changsha Transportation Bureau and the Changsha Traffic Police Detachment jointly launched the "Ten Resolute Measures" for the public transportation industry and the "Three Color Warning" for campus safety. In response to the call, the company will fully implement the "138" work mode starting from July 2022, which requires no less than 10 minutes of rest per trip, a guaranteed rest of more than 30 minutes at noon, and an average driving time of no more than 8 hours per day, in order to reduce the labor intensity of drivers, completely eliminate fatigue driving behavior, reduce the occurrence of traffic accidents and other unsafe events, and there is no "driving" mode. In the case of around 12 hours.
Regarding the issue of liability accidents and fines, the reply states that employees of public transportation companies should possess professional skills and good professional ethics, conscientiously implement their job safety production responsibilities, and ensure the safe travel of citizens. If the employee's fault or gross negligence causes losses to the company, the company has the right to pursue compensation within a certain range. For this purpose, the company has formulated management systems such as the "Implementation Rules for Driving Safety Management" and strictly implemented them. If bus drivers cause losses to the company due to various violations and responsible traffic accidents due to their fault or gross negligence, corresponding special rewards and qualifications for excellence and evaluation will be cancelled in accordance with relevant management systems and reward schemes, or appropriate compensation will be pursued.
The staff stated that Mr. Fu's specific working hours on June 16th are currently being verified by the company through data retrieval. At the same time, various departments of the company have been communicating with him/her to resolve this matter. If he/she is not satisfied, the dispute can only be resolved through judicial litigation.
Industry management regulations:
The cumulative driving time within 24 hours shall not exceed 8 hours
Is there a specific regulation on the daily driving time for bus drivers?
According to the website of the Ministry of Transport, as early as 2018, the Ministry of Transport, the Ministry of Public Security, and the Ministry of Emergency Management issued a notice on the "Safety Management Standards for Road Passenger Transport Enterprises".
In this management standard, it is clear that passenger transport enterprises should strictly abide by regulations such as driving time and rest time for passenger drivers when formulating transportation plans: the cumulative driving time within 24 hours shall not exceed 8 hours; The cumulative driving time for any consecutive 7 days shall not exceed 44 hours, during which time the driver can rest on the ground effectively.
The reporter also found that other bus company drivers have reported similar issues before. For example, in May of this year, a bus driver reported that a certain bus company in Changsha County had long working hours on a daily basis. The Changsha County Transportation Bureau once replied to this, stating that after verification, the single operation time of the bus route was about 2 hours, and each driver operated 5 times a day. The actual total working time was 10-11 hours per day. The public transportation industry has a special nature, and drivers are required to sign labor contracts with irregular working hours, which are clearly informed before joining the company. All vehicle fleets will test the driver's alcohol level and check their health condition before departure every day, and it is required that they are not allowed to work with illness and fatigue driving is not allowed.
A lawyer specializing in public law at the Changsha 12345 hotline suggests that if a passenger transport enterprise is found to have violated relevant management regulations, it can file a complaint with the industry regulatory department.
