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Polish Driving Theory Courses

Lesson 4 of the Road Signs, Regulations, and Special Restrictions for Heavy Vehicles unit

Polish Driving Theory C: EU Transport Regulations and Cross-Border Requirements

Welcome to the crucial lesson on EU Transport Regulations and Cross-Border Requirements, part of your Polish Category C Heavy Goods Vehicle Theory preparation. Understanding these international rules is vital for safe and legal long-haul driving, ensuring you comply with standards across the European Union.

EU transport lawcross-borderdriver hoursrest periodscabotage
Polish Driving Theory C: EU Transport Regulations and Cross-Border Requirements

Lesson content overview

Polish Driving Theory C

EU Transport Regulations and Cross-Border Requirements for Polish HGV Drivers

Operating a Heavy Goods Vehicle (HGV) in Europe, especially for international transport, demands a thorough understanding of a complex web of regulations. This lesson, designed for the Polish Category C Heavy Goods Vehicle Theory curriculum, focuses on the harmonized rules established by the European Union (EU) to ensure safety, fair competition, and efficient cross-border operations. Mastering these regulations is crucial for compliance, preventing fatigue-related accidents, and avoiding costly penalties during both domestic and international freight movements.

The core of EU road transport policy revolves around standardizing practices across member states. This harmonization aims to create a seamless single market for road transport while upholding rigorous safety standards and ensuring fair economic conditions for hauliers. We will explore the critical aspects of drivers' hours and rest periods, the rules governing cabotage operations, and the essential documentation required for smooth and legal journeys across EU borders and beyond.

Understanding EU Regulatory Harmonization in Road Transport

The European Union actively works to standardize road transport rules across its member states. This regulatory harmonization is fundamental to the concept of a single market, where goods and services can move freely without unnecessary barriers. For the professional driver, this means that rules concerning driving times, rest periods, and vehicle documentation are largely consistent, regardless of which EU country they are operating in.

The primary goal of this standardization is multifaceted. Firstly, it enhances road safety by implementing uniform standards for driver behavior, particularly concerning fatigue management. Secondly, it fosters fair competition among hauliers by preventing individual countries from creating regulatory loopholes that could give domestic operators an unfair advantage or allow foreign operators to exploit less stringent rules. Lastly, harmonized regulations simplify cross-border logistics, making international trade more efficient and predictable.

The Safety Imperative: Combating Driver Fatigue

Driver fatigue is a significant contributing factor to serious accidents involving Heavy Goods Vehicles. The sheer size and weight of these vehicles mean that accidents can have devastating consequences. EU regulations, particularly those governing drivers' hours and rest periods, are directly designed to mitigate this risk. By setting clear limits on driving time and mandating sufficient breaks and rest, the regulations acknowledge the physiological need for rest to maintain cognitive alertness, reaction time, and overall driving performance. Adherence to these rules is not merely a legal obligation but a fundamental safety practice that protects the driver, other road users, and the cargo.

Economic Considerations: The Logic of Cabotage Rules

While promoting a single market, the EU also recognizes the need to protect national transport markets from unfair competition. This is where cabotage rules come into play. Cabotage refers to the transport of goods within one Member State by a haulier from another Member State. Without regulation, foreign operators, potentially with different cost structures, could continually operate within a domestic market after completing an international delivery, creating an unfair advantage over local carriers. Cabotage limits aim to strike a balance: allowing legitimate intra-EU trade and flexible operations while preventing the exploitation of what could effectively become a "round-trip" operation purely within a foreign domestic market.

Ensuring Compliance: The Role of Documentation

Uniform and mandatory documentation is the backbone of enforcement and traceability in cross-border road transport. Documents such as the CMR waybill, vehicle registration, insurance, and tachograph records provide a clear audit trail for enforcement authorities. They confirm the legality of the transport operation, ensure that safety standards are met, establish liability, and facilitate customs clearance where applicable. The absence or inaccuracy of these documents can lead to significant delays, fines, or even vehicle detention, highlighting their critical importance for every journey.

Essential EU Drivers' Hours and Rest Period Regulations

The bedrock of safety for professional HGV drivers in the EU is Regulation (EC) No 561/2006, often referred to as the EU Drivers' Hours Regulation. This comprehensive set of rules dictates the maximum driving times, mandatory breaks, and minimum rest periods drivers must observe. These limits are not arbitrary; they are based on extensive research into fatigue and its impact on driving performance, designed to ensure drivers remain alert and capable throughout their shifts.

Daily Driving Limits

A professional HGV driver must adhere to strict daily driving limits to prevent fatigue accumulation during a single working day. The normal daily driving limit is 9 hours. This means that within any 24-hour period, a driver typically cannot exceed 9 hours of actual driving time. However, this limit can be extended. A driver is permitted to drive for up to 10 hours on no more than two occasions within a week. This extended daily driving limit offers flexibility for longer routes, but its limited use prevents chronic fatigue. Drivers must carefully track their use of this extension to remain compliant. For example, a driver completing a 9-hour journey from Warsaw to Berlin would then typically take their daily rest. If a slightly longer journey is required, the 10-hour extension could be used, but only twice in the same week.

Warning

Drivers must remember that the 10-hour extension is not a daily allowance. Using it more than twice in a calendar week is a serious violation.

Mandatory Breaks

Regardless of the daily driving limit, drivers must take regular breaks to maintain alertness. After a maximum of 4 hours and 30 minutes of driving, a driver must take an uninterrupted break of at least 45 minutes. This break can be taken as a single 45-minute period or split into two parts: an initial break of at least 15 minutes, followed by a second break of at least 30 minutes. The 30-minute break must always come after the 15-minute break if split. This structure ensures that drivers do not drive for excessively long continuous stretches, allowing for mental and physical recuperation.

Weekly Driving Limits

To combat cumulative fatigue over several days, the EU Regulation also sets limits on total driving time over a week and a bi-weekly period. A driver may not exceed 56 hours of driving in any single week. This weekly limit is crucial for planning longer-term operations. Furthermore, the bi-weekly driving limit states that the total driving time over any two consecutive weeks cannot exceed 90 hours. This means if a driver maxes out their 56 hours in one week, they would only have 34 hours available for the following week (90 - 56 = 34). This bi-weekly cap is designed to prevent drivers from consistently driving long hours week after week, ensuring sufficient recovery time.

Daily Rest Periods

After completing their driving and other work duties, drivers must take a minimum daily rest period. A regular daily rest period is at least 11 continuous hours within each 24-hour period. This regular daily rest can be split into two periods: the first period must be at least 3 continuous hours, and the second period must be at least 9 continuous hours. When split, the total rest period must still amount to at least 11 hours. Alternatively, a driver can take a reduced daily rest period of at least 9 continuous hours, but this is only permitted no more than three times between any two weekly rest periods. Any reduction in daily rest must be carefully compensated for later.

Weekly Rest Periods

Beyond daily rest, a longer, more substantial rest period is mandated each week to ensure full recovery. A regular weekly rest period must be at least 45 continuous hours. This provides ample time for drivers to recuperate and spend time away from work. A driver may take a reduced weekly rest period of at least 24 continuous hours, but only once every two consecutive weeks. If a reduced weekly rest is taken, the missing hours (e.g., 45 - 24 = 21 hours) must be compensated for by an equivalent period of rest taken in one block before the end of the third week following the week in question. This compensatory rest must be attached to another rest period of at least 9 hours.

Tip

Effective route planning for international journeys must integrate these rest periods, accounting for potential delays or unexpected stops. Using designated safe and equipped rest areas is paramount for comfort and security.

Cabotage Rules: Ensuring Fair Competition in EU Transport

Cabotage operations are a specific type of transport activity that is strictly regulated within the EU. Understanding these rules is vital for any haulier operating across national borders within the European single market.

Definition

Cabotage

Cabotage refers to the transport of goods within one EU Member State by a haulier whose principal place of business is in another EU Member State. For example, a Polish haulier delivering goods from Gdańsk to Kraków would be undertaking a domestic operation. If that same Polish haulier, after delivering goods from Poland to Germany, then picks up goods in Berlin to deliver to Munich, this would be a cabotage operation.

Limits on Cabotage Operations

To prevent foreign hauliers from establishing a permanent presence in a domestic market after an international delivery, EU Regulation (EC) No 1072/2009 sets clear limits on cabotage. A haulier from one Member State, having delivered goods into another Member State (e.g., a Polish truck delivering to Germany), may then perform a maximum of three cabotage operations within that second Member State, or across several bordering Member States, within a seven-day period following the unloading of the international journey. All cabotage operations must be completed within these seven days. Additionally, within any 90-day period, a haulier should generally not exceed a certain number of cabotage operations without a new contract. The rules are complex, and the specific limitations can vary, but the intent is always to limit continuous domestic operations by foreign vehicles.

Warning

A common misunderstanding is that cabotage is unrestricted for EU-registered hauliers. This is incorrect. Strict limits apply regardless of the country of registration, and exceeding these limits can lead to severe penalties, including fines and potential revocation of operating licenses.

Documentation for Cabotage

For any cabotage operation, the driver must be able to present specific documentation upon request by enforcement authorities. This typically includes:

  • The original international transport contract (the one that brought the vehicle into the country where cabotage is being performed).
  • Evidence of the previous international transport, such as a CMR waybill.
  • Proof of the ongoing cabotage operation(s), usually a separate transport document or consignment note for each cabotage movement.
  • Tachograph records demonstrating the entry into the country and the subsequent cabotage movements.

These documents allow authorities to verify that the cabotage operations fall within the legal limits and are legitimate extensions of an international journey, rather than unauthorized domestic market penetration.

Essential Documentation for Cross-Border Transport

Smooth and legal cross-border transport relies heavily on correct and complete documentation. Drivers and operators must ensure all necessary paperwork is present and valid before embarking on an international journey.

The CMR Waybill: International Consignment Note

The CMR Waybill (Convention on the Contract for the International Carriage of Goods by Road) is a standardized international transport document. It serves as a contract between the consignor (sender), the carrier (haulier), and the consignee (recipient). Its purpose is to detail the goods being transported, specify the terms and conditions of carriage, and establish liability in case of loss or damage.

Definition

CMR Waybill

The CMR Waybill is a legally binding document that accompanies goods transported by road internationally. It contains critical information such as the names and addresses of the sender and receiver, a description of the goods, weight, number of packages, and any special instructions. It also defines the carrier's liability.

Key elements required on a CMR Waybill include:

  • Date and place of issue.
  • Name and address of the consignor.
  • Name and address of the carrier.
  • Name and address of the consignee.
  • Place and date of loading.
  • Place and date of delivery.
  • Description of the goods, their weight, and number of packages.
  • Instructions for customs and other formalities.
  • Signatures of the consignor and carrier.

Failure to carry a valid CMR Waybill can lead to legal disputes over liability in case of incidents and may cause significant delays at border checks or during roadside inspections.

Green Card Insurance: International Motor Insurance Certificate

The Green Card is an international motor insurance certificate that proves your vehicle has at least the minimum compulsory third-party liability insurance cover required by the laws of the countries you will visit. For vehicles registered in the EU, the standard vehicle insurance policy often provides coverage across all EU member states. However, the physical Green Card may still be useful as proof of insurance, especially when crossing into non-EU countries or to provide clear documentation if involved in an accident abroad. Drivers should always carry proof of valid insurance.

Note

Always check your specific insurance policy regarding coverage for international travel, particularly when venturing outside the EU or into countries with specific insurance requirements.

Tachograph Records: Verifying Driver Compliance

The tachograph is a legal requirement for most HGVs in the EU. This device records crucial data related to a driver's activities: driving time, other work, availability, and rest periods, along with vehicle speed and distance travelled. Both digital and analogue tachographs are in use, though digital tachographs are now standard for newer vehicles. Drivers must ensure their tachograph is functioning correctly, calibrated, and that their driver card (for digital tachographs) is inserted and used properly.

Tachograph Data Download and Retention:

  • Driver Card Data: Data from the driver card must be downloaded at least every 28 days by the employer.
  • Vehicle Unit Data: Data from the vehicle unit (the tachograph itself) must be downloaded at least every 90 days.
  • Retention: All downloaded data, whether from driver cards or vehicle units, must be retained by the transport undertaking for at least 12 months (or longer, depending on national legislation) and be accessible to enforcement authorities.

Drivers must be prepared to present their tachograph records (driver card, printouts, or manual entries for the current day and previous 28 days) during roadside inspections. Failure to do so, or presenting incomplete/incorrect data, is a serious offense.

Cross-Border Customs Documentation

While the movement of goods between EU member states generally does not require customs checks, specific documentation becomes essential when transporting goods between an EU country and a non-EU country. This also applies to certain types of goods subject to special controls (e.g., hazardous materials, excise goods, certain agricultural products) even within the EU.

Common customs documents include:

  • Single Administrative Document (SAD): A standard form used for customs declarations in international trade, particularly for goods entering or leaving the EU customs territory.
  • Export/Import Licences: Required for specific goods, often those with strategic value, health implications, or environmental concerns.
  • EUR.1 Certificate: A certificate of origin used in preferential trade agreements between the EU and certain countries, allowing for reduced or zero customs duties.

Drivers must be fully aware of the customs requirements for their specific cargo and destination, ensuring all forms are correctly filled out and readily available to avoid delays at borders.

Understanding Common Violations and Their Consequences

Ignorance of the law is no defense, and violations of EU transport regulations can lead to significant penalties for both the driver and the transport undertaking. Familiarity with common pitfalls is crucial for prevention.

  1. Exceeding Daily or Weekly Driving Limits: The most frequent violation involves driving for longer than the permitted 9 or 10 hours daily, or exceeding the 56-hour weekly/90-hour bi-weekly limits. This directly increases fatigue risk.
  2. Insufficient Breaks: Failing to take the mandatory 45-minute break after 4.5 hours of driving, or incorrectly splitting the break, is a common error that compromises safety.
  3. Reduced Daily Rest Misuse: Using the 9-hour reduced daily rest more than the allowed three times between weekly rests, or not compensating for reduced weekly rests, are serious breaches.
  4. Cabotage Rule Violations: Performing more cabotage operations than allowed within the specified timeframe (e.g., more than three in seven days after an international delivery) or failing to have the correct supporting documentation.
  5. Missing or Incorrect Documentation: Driving without a valid CMR waybill for international transport, lacking proof of insurance (Green Card), or having incomplete/incorrect customs forms.
  6. Tachograph Misuse or Tampering: Operating with a faulty tachograph, failing to insert a driver card, failing to make manual entries, or any attempt to manipulate the device. This is one of the most severe offenses.
  7. Overloading: Exceeding the legally permitted Mass-in-Motion (MiM) or axle weight limits. While not strictly an EU driving hours regulation, it's a critical safety and compliance issue for HGVs.
  8. Ignoring Local Restrictions: Entering low-emission zones (LEZ) or areas with specific weight/height restrictions without the necessary permits. These are typically local or national rules, but international drivers must be aware of them.

Consequences for violations can range from substantial fines (for both the driver and company), driving bans, vehicle immobilisation, to more severe penalties such as imprisonment or revocation of operating licenses for repeat offenders.

Effective cross-border operations require more than just knowing the rules; they demand proactive planning and adaptability to various conditions.

Impact of Weather and Road Conditions

Adverse weather conditions such as heavy rain, snow, ice, or fog significantly increase driving difficulty and fatigue. While legal driving limits remain unchanged, drivers should exercise professional judgment. It may be prudent to take additional breaks or even extend rest periods voluntarily if conditions make driving exceptionally taxing, even if it means delays. Reduced speeds and longer stopping distances in poor weather will naturally extend travel times, requiring adjustments to planned routes and schedules to avoid exceeding driving limits.

Urban Zones and Environmental Restrictions

Many European cities have implemented specific restrictions for Heavy Goods Vehicles. These can include:

  • Low-Emission Zones (LEZs): Areas where only vehicles meeting certain emission standards are allowed, often requiring specific permits or displaying a sticker (e.g., "Umweltplakette" in Germany, "Crit'Air" in France).
  • Weight or Height Restrictions: Certain bridges, tunnels, or urban streets may have permanent or temporary limits on vehicle dimensions or weight.
  • Night Driving Bans: Some cities or regions impose restrictions on HGV movement during night hours or weekends.

Drivers must check local regulations for their entire route, particularly for urban delivery points, well in advance of their journey.

Vehicle State and Load Characteristics

The type of vehicle and its load significantly influence driving dynamics and driver workload.

  • Heavy Loads/Multiple Trailers: Operating with maximum permissible weight or pulling multiple trailers increases vehicle inertia, braking distances, and the effort required for maneuvering. This can lead to increased driver fatigue, even within legal driving hours. Drivers should consider taking more frequent short breaks than legally required if they feel the strain.
  • Special Cargo: Transporting hazardous materials (ADR goods) or oversized loads comes with additional regulations, specialized documentation, and often specific route planning requirements and escorts, which must be factored into overall journey time.

Border Crossing Procedures

The process of crossing a border varies significantly depending on whether it's an internal EU border or an external border (EU to non-EU country).

  • Internal EU Borders: Generally, there are no systematic checks at internal EU borders, allowing for seamless travel. However, random checks for illicit goods, immigration purposes, or compliance with transport regulations can still occur. Drivers should always have all documentation ready.
  • External EU Borders: Crossing into non-EU countries (like Belarus or Ukraine from Poland) requires comprehensive customs procedures. Drivers must have all customs declarations, licenses, and permits accurately prepared and readily available. Delays at these borders are common and must be factored into journey planning and driver rest calculations.

The Interconnectedness of Transport Knowledge

This lesson on EU transport regulations does not stand in isolation; it builds upon and informs other critical areas of the Polish Category C Heavy Goods Vehicle Theory curriculum.

  • Tachograph Use, Working Time, and Rest Period Rules (Lesson 6.5): This lesson is a direct extension, applying the technical knowledge of tachograph operation to the legal framework of drivers' hours. Understanding how to operate the tachograph, manage driver cards, and interpret its data is a prerequisite for complying with the regulations discussed here.
  • Foundations of Category C Licensing (Lesson 1): Basic understanding of HGV licensing requirements and the responsibilities of a professional driver forms the groundwork.
  • Load Management and Cargo Securement (Lesson 3): Knowledge of correct weight distribution and cargo securement is crucial. An overloaded vehicle not only poses a safety risk but also exacerbates driver fatigue and can lead to violations of Mass-in-Motion limits.
  • Driving Maneuvers and Vehicle Dynamics (Lesson 4) & Speed Management, Braking, and Stopping Distances (Lesson 5): The ability to execute safe driving maneuvers and manage vehicle dynamics is directly impacted by driver alertness. Fatigued drivers have compromised reaction times, which significantly increases stopping distances and the risk during complex maneuvers.
  • Future Lesson – International Logistics Planning: This lesson will serve as a foundational building block for more advanced topics in international logistics. The principles of cross-border documentation, cabotage, and drivers' hours are essential for planning efficient, compliant, and profitable international freight routes.

Understanding these interdependencies helps paint a complete picture of responsible and professional HGV operation.

Glossary of Essential Terms

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Lesson recap

Quick summary before you move on

Fast revision

This lesson covers the EU regulatory framework for professional HGV drivers under Regulation 561/2006, establishing mandatory driving limits of 9 hours daily (extendable to 10 hours twice weekly), a 45-minute break after 4.5 hours of driving, and weekly/bi-weekly caps of 56/90 hours respectively. Daily rest must be at least 11 hours (reducible to 9 hours with limits), while weekly rest requires 45 hours (reducible to 24 hours with compensation). Cabotage rules under Regulation 1072/2009 limit foreign hauliers to three operations within seven days of an international delivery. Essential cross-border documentation includes the CMR waybill, Green Card insurance, tachograph records, and customs forms for non-EU routes. These regulations protect road safety by combating fatigue and ensure fair competition within the EU single market.


Core takeaways

Main ideas from this lesson

A short set of high-value points that capture the most important learning from this lesson.

EU Regulation 561/2006 sets maximum daily driving at 9 hours (extendable to 10 hours twice weekly) and requires a 45-minute break after 4.5 hours of continuous driving.

Weekly driving limits are capped at 56 hours, with a bi-weekly maximum of 90 hours to prevent cumulative driver fatigue over longer periods.

Regular daily rest must be at least 11 hours, but can be reduced to 9 hours no more than three times between weekly rest periods with later compensation.

Cabotage allows a maximum of three operations within another Member State within seven days after completing an international delivery.

The CMR waybill, Green Card insurance, and tachograph records are essential documents that must accompany every cross-border journey.

Remember this

Details worth keeping in mind

Point 1

The 10-hour extended daily driving limit can only be used twice per calendar week, not daily.

Point 2

A 45-minute break can be split into 15 minutes plus 30 minutes, but the longer portion must always come last.

Point 3

Reduced weekly rest of 24 hours requires compensation of at least 21 hours taken before the end of the third week following that week.

Point 4

Tachograph driver card data must be downloaded every 28 days, and vehicle unit data every 90 days.

Point 5

Internal EU borders have no systematic checks, but external borders (EU to non-EU) require full customs documentation.

Watch for this

Frequent learner mistakes

Assuming the 10-hour extended driving limit can be used every day instead of limiting it to twice weekly.

Incorrectly splitting breaks (taking 30 minutes before 15 minutes) or failing to take the mandatory break after exactly 4.5 hours of driving.

Performing more than three cabotage operations within seven days after an international delivery, which violates Regulation 1072/2009.

Not having the CMR waybill or proof of the original international transport when performing cabotage, leading to fines and documentation violations.

Driving without a valid tachograph driver card inserted or failing to make manual entries when the card malfunctions.

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This lesson details the critical pre-trip inspection routine that every professional driver must perform. It provides a step-by-step checklist for visually inspecting essential components such as tires, brakes, lights, and fluid levels to identify potential safety hazards. Learners will understand the importance of verifying that mirrors are correctly adjusted, emergency equipment is present, and cargo securing points are intact, thereby ensuring the vehicle's roadworthiness and preventing roadside failures.

Polish Driving Theory CVehicle Construction, Systems, and Technical Inspection
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Age, Health, and Medical Requirements lesson image

Age, Health, and Medical Requirements

This lesson focuses on the stringent health standards mandated for operating heavy goods vehicles. It details the required medical assessments, including vision, cardiovascular, and neurological checks, that prospective drivers must pass. Learners will understand the process of obtaining a medical certificate, the requirements for periodic renewals to ensure ongoing fitness for duty, and the legal implications of failing to meet these essential health criteria for professional driving.

Polish Driving Theory CFoundations of Category C Licensing and Vehicle Basics
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Frequently asked questions about EU Transport Regulations and Cross-Border Requirements

Find clear answers to common questions learners have about EU Transport Regulations and Cross-Border Requirements. Learn how the lesson is structured, which driving theory objectives it supports, and how it fits into the overall learning path of units and curriculum progression in Poland. These explanations help you understand key concepts, lesson flow, and exam focused study goals.

What are the main EU regulations for truck drivers regarding hours and rest?

The primary EU regulation governs drivers' working hours, driving time, and mandatory rest periods to prevent fatigue. It sets daily and weekly limits for driving and requires specific minimum rest breaks. These rules are crucial for safety on Polish and EU roads and are frequently tested in the Category C exam.

What is cabotage and when is it allowed for an HGV?

Cabotage refers to a haulage company from one EU member state transporting goods within another EU member state on a temporary basis. There are specific rules and limitations on the number of operations allowed within a 7-day period to protect domestic transport markets. Exceeding these limits is illegal and carries penalties.

What specific documents must an HGV driver carry for cross-border transport within the EU?

For cross-border operations, drivers typically need to carry their driving licence, vehicle registration documents, insurance papers, and specific transport documents like CMR consignment notes. Depending on the cargo and route, additional permits or certificates might be required. Understanding these requirements is vital for smooth border crossings and legal compliance.

How do these EU regulations differ from purely domestic Polish rules?

While Poland adheres to EU regulations, there might be specific national interpretations or additional requirements on top of the EU framework. The core rules for driving times, rest, and documentation are harmonized across the EU to create a level playing field and ensure consistent safety standards for all HGV drivers operating internationally.

Are these EU rules applicable to all types of HGV transport?

The EU regulations on drivers' hours and rest periods generally apply to most commercial road transport operations exceeding 3.5 tonnes. However, there can be exemptions for certain types of transport, such as those for non-commercial purposes or specific public services. It's important to be aware of the exact scope of application for your specific operation.

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