ATA/287/1996•Two-day withdrawal of taxi driver professional card upheld
ATA/287/1996Tribunal de Justiça / Câmara Administrativa21 de mai. de 1996Confirmed
Extraído pela Omnilex
A taxi driver challenged a two-day withdrawal of his professional card after having worked during his pauses and repeatedly exceeded the maximum uninterrupted working time. The administrative court confirmed the sanction, finding the breach of the applicable working-time rule established and the measure justified.
LST.52; withdrawal of a taxi driver's professional card for repeated breaches of working-time limits and work performed during breaks. A professional sanction is upheld where the driver repeatedly exceeds the maximum uninterrupted working time; the fact that the driver worked during rest periods aggravates the infringement and justifies a short withdrawal of the authorization, absent any concrete indication of disproportionality.
Descripteurs
TACHYGRAPHE; CARTE PROFESSIONNELLE DE CHAUFFEUR; RETRAIT DE L'AUTORISATION; TAXI; DUREE DU TRAVAIL; JPT
Normes
LST.52
Résumé
Retrait de la carte professionnelle de deux jours pour un chauffeur de taxi qui avait travaillé pendant ses pauses et dépassé à plusieurs reprises le temps maximum de travail ininterrompu. Confirmé par le TA.
Whether the two-day withdrawal of the taxi driver's professional card for breaches of working-time rules was justified.
The two-day withdrawal was lawful and proportionate in view of repeated exceeding of the maximum uninterrupted working time and work performed during breaks.
The court accepted that the conduct breached the applicable working-time requirements under LST.52 and saw no reason to interfere with the sanction imposed by the authority.
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