COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 12.12.1997 
COM(97) 698 final 
REPORT FROM THE COMMISSION 
on the implementation in 
1993-1994 of Regulation (EEC) No 3820/85 
on the harmonisation of certain social legislation 
relating to road transport 
(18th report by the Commission on the implementation 
of the social legislation relating to road transport) 

Contents 
Contents 1 
Executive Summary 3 
1. Introduction ' 5 
2. National initiatives 
2.1 Regulatory measures - 6 
2.2 Administrative measures 6 
3. Penalties 
3.1 Scales 7 
3.2 Changes 7 
4. Relations and co-operation between the Member States 
4.1 Concerted checks 8 
4.2 Exchanges of information 8 
5. Summary Tables 
5.1 Checks: summary 9 
5.2 OffenGes: summary 10 
6. Conclusions and comments 
6.1 Conclusions and comments by Member States 11 
6.2 Conclusions and comments by the Commission 12 
Annex A Table of Penalties 16 
Annex B Summary of Data received from Member States 
1. Reference Period 
2. Calculation of minimum checks to be carried out 
3. Checks 
3.1 Number of checks at the roadside 
3.2 Number of drivers checked at premises of undertaking 
3.3 Number of working days checked at the roadside 
3.4 Number of working days checked at the premises 
of the undertaking 
Offences: number of offences recorded 17 
17 
18 
19 
20 
21 
4.1 
4.2 
4.3 
4.4 Article 6 of Regulation (EEC) No 3820/85: driving period 22 
Article 7 of Regulation (EEC) No 3820/85: breaks 24 
Article 8 of Regulation (EEC) No 3 820/85 : rest periods 26 
Article 14 of Regulation (EEC) No 3820/85: service 
timetable and duty roster 28 
EXECUTIVE SUMMARY 
This Report sets out trends and statistics on the Member States' inspection and 
enforcement activities in relation to the provisions of Regulation (EEC) No. 3820/85 
on driving times and rest periods during the period 1993-94. The Report is based on 
statistics provided by the Member States and includes their views on implementation. 
More Member States have submitted more detailed information on checks and 
offences detected during" this period. However Austria, Italy and Greece failed to 
submit data for this period and Belgium and Portugal submitted incomplete statistics. 
This has delayed the production of the Report and has limited an early and effective 
comparison of statistics. The Commission services are therefore preparing 
infringement proceedings against Italy and Greece to ensure such inactivity does not 
recur, warning Belgium and Portugal to tighten up their statistical co-ordination and 
advising Austria, as a new Member State, to provide the stipulated data for 1995-96 
within the Regulation's required timeframe. 
The statistics show that roadside checks generally increased, although this increase 
was not reflected in checks on working days, except in Spain, Portugal, the 
Netherlands and Luxembourg. Checks at premises of undertakings increased, in 
particular on the passenger transport sector. Overall, eight Member States were above 
the 1% minimum working days checking limit with Denmark, Germany, Ireland and 
Spain achieving more than 2%. Of the four Member States falling beneath the 1% 
requirement, Belgium and Portugal have forwarded only partial data, which may 
mask a true picture of enforcement levels, while Sweden and Finland were in the 
process of reorganising their enforcement agencies. 
The general rise in enforcement levels has led to an increase in the level of offences 
detected. Overall, offences in respect of rest periods continue to account for the 
highest number of infringements. However, there has been a general shift of 5% in 
the nature of offences detected from those relating to rest periods and duty rosters to 
those in respect of 'breaks', although driving offences still remain a constant and 
significant proportion (34%) of all reported offences. A significantly higher level of 
enforcement activity by Spain, particularly in the passenger transport sector, has 
resulted in a considerable increase in offences detected. Germany has also now 
supplied figures including data from the Lander which indicate a major enforcement 
effort and associated high offence detection rate. Indeed the data provided shows that 
within the Union over 86% of all detected offences are committed in Germany and 
that it has by far the highest ratio of offences detected against working days checked. 
The Netherlands has reported a notable decrease in offences especially amongst the 
national road haulage sector. It is significant that it is £lso one of the top three 
countries with a high ratio of offences detected against working days checked. 
Member States have taken various initiatives: in particular, France has issued uniform 
checking instructions to all its enforcement authorities to ensure a common approach, 
as well as promoting staff exchanges with other Member States to broaden the 
expertise of its staff and encourage exchanges of views. The Netherlands developed a 
particular sectoral approach to enforcement which appears to be yielding results in 
terms of reduced offences. As regards co-operation, while the French arranged 
fruitful joint actions, the Germans pointed out that the current reciprocal 
arrangements were insufficient to deal with the enforcement of the Regulation for 
foreign nationals. The Commission will further elaborate on this matter in a report to 
the Council on the effectiveness and uniformity of enforcement practice requested by 
the Council in its declaration in June 1997. Although the figures provided for 
penalties are difficult to compare accurately, the available data suggest a wide 
disparity between different Member States and point to the need for action to ensure 
that sanctions are effective, proportionate and dissuasive in the context of the Internal 
Market 
Charges of discrimination in enforcement practice between national and non-national 
road transport operators have been levelled at Member States based on the figures 
submitted and published in this series of reports. Commission investigations of 
complaints have not so far revealed any such deliberate policy by a Member State 
which would contravene the provisions of the Regulation. In this report, Belgium and 
Luxembourg check and detect considerably more offences amongst non-nationals 
than nationals - in their defence, they are both transit countries. However the 
Commission intends to keep this aspect under closer scrutiny to ensure an even 
handed approach to enforcement throughout the Union. 
The Commission intends to 
• take the necessary action to improve data provision 
• clarify whether enforcement levels in Belgium and Portugal are in accordance with 
minimum requirements 
• review minimum enforcement levels including sanctions and come forward with 
proposals, as appropriate-
• examine whether enforcement activity in some Member States is biased against 
non-nationals and take action as necessary 
• evaluate the effectiveness and uniformity of enforcement practice in a report to be 
accompanied by proposals where necessary 
• study whether further changes to Community enforcement rules are needed 
particularly with the introduction of the new tachograph ' 
• revise Regulation (EEC) No. 3820/85 _ 
1. Introduction 
This report, which covers the period 1993-1994, is the second in the new series of 
Commission reports which exclusively covers Regulation (EEC) No 3 820/85 \ The 
information provided has been supplied by the Member States on the standard form, 
introduced by the Decision of 22 February 19932. 
This makes it simpler to analyse trends in particular countries and also to compare 
statistics between the Member States over the past two reports. Unfortunately the data 
cannot be compared with that supplied for earlier documents. 
While most Member States have submitted their data in a format close to the standard 
form, their returns are still not all uniform and some of the data submitted was 
fragmentary, incomplete or for the wrong reference period. There were delays in 
returns and in the case of Austria, Italy and Greece no return was made. The returns 
for Finland and Sweden reflected the transitional difficulties experienced. 
This report is presented in a different format to its predecessor: it highlights the 
statistical data in summary form for 1993-94, sets out any initiatives communicated 
by Member States and includes the latest developments at Community level to ensure 
Member States are aware of the Commission's current concerns, objectives and 
proposals. 
1 OJ No L 370, 31.12.1985, p.l. 
2 OJ No L 72, 25.03.1993, p.33 
2. National initiatives 
2.1 Regulatory measures 
In France, Decree No 93/218 of 11 February 1993 and Circular No 93-19 of 2 March 
1993 brought into operation most exemptions permitted under Article 13 of 
Regulation (EEC) No.3820/85. 
In Finland, during 1994 enforcement was a matter for the police alone. To enhance 
enforcement practice, a Regulation was introduced to allow the labour protection 
inspectors to include this aspect of work within their brief. The Regulation was later 
approved in 1995. 
2.2 Administrative Measures 
In France an inter-ministerial circular issued on 14 March 1994 led for the first time 
to the use of identical instructions by all road traffic enforcement authorities as 
regards speeding, loading and driving and rest periods. Exchanges have taken place 
between enforcement staff in France and both the United Kingdom and Spain. 
Recruitment and assimilation into the enforcement establishment in 1994 surpassed 
that in 1993. Individual officers received 60 days training, majoring in enforcement 
psychology and the penal code. There was investment in manual and optical 
tachograph reading equipment. 
In Finland a comprehensive training programme for policemen was introduced to 
facilitate checking driving times. Plans are in hand to train the labour protection 
inspectors in enforcement activities. 
In the Netherlands, the emphasis has been on developing preventative checking 
methods as regards undertakings. 
In Germany, fines with a caution were meted out to 12,107 passenger carriers-and 
384,251 road hauliers. 2,528 passenger vehicle operators. 71,159 road hauliers were 
presented with penalty notices, while 750 and 36,803 respectively were banned from 
continuing their journey. 
In the United Kingdom, enforcement on driver's hours was increased with particular 
locations being targeted as well as suspect drivers and operators. This included 
information from 'silent checks', where a vehicle's use and location is recorded 
without the driver's knowledge and followed by a thorough check of drivers' charts 
to see whether all information has been recorded. This helps to detect systematic 
abuse of drivers'hours rules. 
3. Penalties 
3.1 Scales 
Six Member States submitted information on the scale of penalties imposed for 
infractions against the Regulations. A summary is set out in Annex A. To facilitate a 
broader comparison, the Commission has added information submitted more recently 
by other Member States at a conference of National Experts in 1995. The table 
indicates the wide range of fines between Member States for both major and minor 
offences. 
While Member States may have differing views on what constitutes a major or a 
minor offence, divergences such as a maximum penalty of 248 ecu in Belgium and 
4,447 ecu in Italy for serious offences appear to exist. In the light of the Commission 
Communication on the role of sanctions in the Internal Market1, which states that 
penalties should be effective, proportionate and dissuasive, it appears that in some 
countries, fines might be viewed by some in the road transport industry as an 
occupational hazard rather than as dissuasive. If they are not dissuasive, ultimately 
they are not an effective means of enforcement. The Commission will therefore open 
discussions with the Member States to clarify and complete the data provided to date, 
with a view to reaching an understanding on this issue. 
3.2 Changes 
In France the new penal code in 1994 increased the fme for minor infringements, 
while abolishing the repeat offence provisions. The commissions for administrative 
sanctions were reactivated through the circular of 7 January 1994 to better regulate 
the activities of the profession. In 1994, it heard cases relating to 53 undertakings for 
serious or repeated omissions concerning transport, conditions of work and road 
safety regulations. The majority of these offences related to infringements of the 
Regulations (EEC) Nos; 3820/85 and 3821/85 - inoperative tachographs or multiple 
offences in relation to driving times and rest periods. Sanctions comprised the 
temporary or permanent revocation of all or some of the transport authorisations. 
In Great Britain the maximum fines were increased in October 1992 by means of the 
Criminal Justice Act 1991 which lays down the maximum amount for each level of 
fine. Reference to the level of fme appropriate to each category of driver's hour 
offence (i.e. Level 1 or 2 etc.) is contained in Part VI of the Transport Act 1968. 
Belgium is currently revising the scale of on-the-spot fines for driving times and rest 
periods. 
1 COM (95) 162/2 
4. Relations and co-operation between Member States 
Although this heading is not included explicitly in the standard form, a number of 
Member States made comments on two points - checks and exchanges of information. 
4.1 Concerted checks 
Directive 88/599/EEC of 23 November 1988 calls for an exchange of 
information and mutual assistance on the part of the Member States as regards 
the implementation of the enforcement measures. France mentioned that 
fruitful joint operations have been undertaken with Belgium, the Netherlands, 
Germany, Spain and the United Kingdom. 
Germany pointed out that offences committed by non-resident drivers were 
harder to detect than those perpetrated by resident drivers. The co-operation 
envisaged by the Directive between Member States was insufficient to tackle 
the problem and hence the number of non-resident drivers checked did not 
reflect the full extent of offences committed. 
4.2 Exchanges of information 
Denmark reported that penalty notices had been exchanged with the 
Netherlands, France, Germany and Sweden. 
The Dutch Traffic Inspectorate arranged through a private consultancy service 
for an informal working group to be convened at the Hague on 14-15 October 
1996 to which representatives from all Member States were invited. 
Representatives from nine Member States and the Commission attended. The 
aim of the meeting was to analyse the difficulties in the interpretation of the 
social legislation in the road transport sector and the problems of checking 
systems. The group concluded that arriving at a uniform interpretation of the 
legislation would be a difficult task, given the different political, economic 
and social aspects which impinged on the subject, More exchanges of 
information, as well as more basic reference guides on the aims ofjhe 
regulations were recommended to persuade interested parties of the need to 
abide by the rules. The group called for an initiative at Community level to 
reach a consensus on how serious each offence stipulated under the Regulation 
should be viewed and sanctions aligned accordingly. A framework for 
conducting a regular dialogue on these issues was recommended with the 
Commission taking the lead. 
5.0 Summary tables 
5.1 Checks: summary 
Number of days actually checked as a proportion of the minimum number of 
working days to be checked. 
Member State 
Austria 
Belgium (1) 
Denmark (2) 
Finland (3) 
France (4) 
Germany 
Greece 
Ireland 
Italy 
Luxembourg 
Netherlands 
Portugal (2)(5) 
Spain 
Sweden (3) 
United Kingdom -a-
Minimum. 
number of 
working days 
to be checked 
665,500 
176,000 
91,300 
1,250,000 
3,690,466 
243,248 
49,496 
647,000 
591,250 
1,680,000 
200,000 
2,014,920 -b-
Number of 
working days 
checked 
(national) 
194,527 
1,530,106 
9,096,571 
935,125 
53,990 
651,120 
57,450 
3,035,725 
22,926 -c-
Number of 
working days 
(non-national) 
245,898 
244,048 
5,885,704 
4,143 
36,736 
94,814 
1,638 
347,927 
1,998 -d-
Total number 
of working 
days checked 
440,425 
449,859 
40,000 
1,774,154 
14,982,275 
939,268 
90,726 
745,934 
88,158 
3,383,652 
27,048 
3,439,391 - e-
Number of 
working days 
checked as a 
proportion of 
the minimum 
number of 
days to be 
checked 
(d/a) 
66% 
256% 
44% 
142% 
405% 
386% 
183% 
115% 
15% 
201% 
13% 
171% 
Note 
(1) In the Table 5.1 above, as in Tables 3.1 to 3.4 in Annex B, figures relating to checks carried 
out by the gendarmerie, the Ministry of Finance (Customs) and the Ministry of Employment 
and Labour are absent. Since these bodies have detected more than twice as many offences 
as the Ministry of Transport (see Table 5.2 overleaf - a total of 21,176 offences as opposed 
to 8,021) wliich has provided the main figures used here, it may be assumed that they-4iave 
carried out more than twice as many checks as the Ministry of Transport. Hence it follows 
that Belgium has carried out a number of checks well in excess of the required minimum. 
(2) Statistics for checks not disaggregated between nationals/ non-nationals but included in 
overall total (d) 
(3) From 1 January 1994 to 31 December 1994. 
(4) From 1 January 1993 to 31 December 1993. 
(5) In the Table 5.1 above, as in Tables 3.1 to 3.4 in Annex B, all figures relating to checks 
carried out by the Labour Inspectorate and gendarmerie are absent. The statistics represent 
only a partial picture of enforcement activity. 
5.2 Offences: summary 
Number of ofTences recorded: Articles 6, 7, 8 and 14 of Regulation (EEC) 3820/85 
Overview by Member State 
Member 
State 
^ 
Austria 
Belgium *** 
Denmark 
Finland 
France 
Germany 
Greece 
Ireland 
Italy 
Luxembourg 
Netherlands 
Portugal 
Spain 
Sweden 
United 
Kingdom PASSENGERS 
Nationals 
200 EEC 
258 
19 
44,814 
1,541 
5 
962 
258 
47,580 
**714 -
1,978 
251 
3 
57 
1 
725 Third 
countries 
9 
1,550 
3 
6 
-Total 
non-
nationals 
267 
3,528 
251 
6 
63 
1 GOODS 
Nationals 
2,602 EEC 
4,818 
3,247 
** 1,282 
681,460 
9,700 
222 
15,706 
1,580 
223 
**7,087 116,424 
1,001 
545 
3,956 
18 
86 
1,470 Third 
countries 
134 
_ 
61,304 
137 
-
65 Total 
non-
nationals 
4,952 
177,728 
1,001 
545 
4093 
18 
1,535 Total 
8,021 
3,266 
1,282 
•47,642 
907,530 
12,493 
778 
• 20,824 
1,857 
48,305 
309 
9,336 
Note 
* Figures are from 1 January 1993 and include the first semester of 1994. 
** Total figure only available. 
*** The following figures have not been incorporated into the Table above, nor in Tables 4.1- 4.4 in 
Annex B, as they were not suitably disaggregated: 
Total 
Gendarmerie: 17,329 
Ministry of Finance 3,625 
Ministry of Employment and Labour: 222 (in 1994 only) 
Total 21,176 
Number of offences recorded: Articles 6, 7, 8 and 14 of Regulation (EEC) 3820/85 
Overview by category of offence (includes passengers and goods; nationals, EEC 
and third countries) 
Article Type of offence Number of offences* 
6 ~ Driving periods ~ 356,188 
7 Breaks 261,871 
8 Rest periods 414,763 
14 Service timetable and duty 19,738 
roster 
TOTAL I 1,052,560 
* excludes unattributed figures 
10 
6. Conclusions and comments on all the trends observed in the fields in 
question 
6.1 Conclusions and comments by the Member States 
In France, comparison between the statistics for the first half of 1993 and 
1994 indicate a consistency of roadside checks of all vehicles (164,593 for 
1993 as opposed Jo 166,058 for 1994) with a slight increase of 1% in the 
number of passenger vehicles (9,165 coaches). The number of working days 
checked at the roadside went up by 1.5% from 544,226 to 552,427. The 
number of drivers checked at the premises of their undertaking rose by 7% 
from 23,594 to 25,731 and the number of working days checked at the 
premises of the enterprise rose by 42% - 402,788 working days in the first half 
of 1994. The number of offences under the Regulation represents more than 
54% of the total number of offences recorded on the road. 
Sweden pointed out that due to the reorganisation and reallocation of 
responsibilities for checking on the roadside and at the premises of enterprises 
a system was not yet in place to gather a complete set of statistics. Those 
figures given only represented a proportion of the actual work undertaken. 
Like Finland, Sweden had only become party to the EEA agreement with 
effect from 1 January 1994. 
Belgium reported that driving and rest period offences were by far the two 
biggest categories of reported offences committed by drivers of goods 
transport and passenger transport. By placing an emphasis on the employers' 
responsibility, it was hoped to reduce the number of offences. Between 1992 
and 1993 there had been a decrease of 34% in the number of tachograph 
infractions coming before the courts, while the number of on-the-spot fines for 
such offences had risen by 13% for nationals and by 6.7% for non-nationals. 
1994 saw an upward trend in all three statistics with an increase in court 
proceedings of 28.7%, in spot fines for nationals of 115% and for non-
nationals of 30.8%. 
The Netherlands reported that they had targeted the market sectors where^the 
offences are most frequent by a specific random checking method to maximise 
impact. Other offences were checked by a signalling system for which the 
random method was not appropriate. Premises were also selected for checking 
on this basis. 
The introduction of a new Dutch law relating to carriage of goods by road led 
to an increase in the number of goods transporters and goods vehicles on the 
road. Notwithstanding this ' increase, a positive development as far as the 
number of recorded offences in the Netherlands was noted. 
None of the other Member.States made any comments under this heading. 
11 
6.2 Conclusions and comments by the Commission 
Regulation (EEC) No. 3820/85 currently provides an important Community 
basis for setting maximum driving time and rest periods for road transport 
operators. Effectively and uniformly applied, it can be an essential part of 
efforts to enhance road safety, transport efficiency and fair competition. The 
Commission recognises however that Member States have differing 
perceptions about the implementation of this legislation. There are differing 
authorities within Member States to enforce the Regulation's provisions, 
checks and controls are carried out with varying degrees of frequency and 
intensity, and infringements are penalised at different levels. The potential for 
circumvention,of the current recording equipment is recognised as is the need 
for greater co-operation between Member States to ensure a co-ordinated 
approach to enforcement. 
In response, the Commission has adopted a two pronged approach: liaison 
with national officials to foster administrative co-operation, a common 
interpretation of the legislation and a consistent approach in its application; 
and enhanced enforcement through the development and adoption of a digital 
tachograph - a Common Position was agreed at the Council meeting on 17 
June 1997 - and other pending legislative initiatives. 
6.2.1 Incomplete data continues to present problems for comparisons between 
states. 
Lack of data from Member States continues to hinder a comprehensive 
comparison. The reasons vary from country to country: for recent Community 
entrants, the organisational restructuring to implement the Regulation means 
that statistics, if available, cannot yet be broken down; for others their current 
division of responsibilities means the presentation of an incomplete picture of 
the enforcement efforts carried out; Austria, Italy and Greece simply failed to 
make a return. The Commission is opening discussions with those Member 
States who have failed to submit comprehensive statistics to ensure that this 
does not happen again. Should there be a number of national authorities 
involved in enforcing the provisions of the legislation, the Commission would 
strongly suggest that one be nominated to act as co-ordinator for statistical 
purposes. 
The delay in publication of data due to the delay in receipt allows lessons to be 
drawn only some time after the event. Community measures cannot then take 
into account any specific national difficulties if they are not communicated. 
Accordingly, Member States are reminded that they should have submitted 
their data for the next report, the nineteenth, covering 1995 and 1996, by 30 
September 1997 at the latest. 
12 
6.2.2 Increases in the number of vehicles subject to the Regulation from 1991-
92 to 1993-94 have been concentrated within the smaller Member States 
such as Ireland and the Benelux countries. 
The increased activity within the smaller Member States, particularly the 
Benelux countries which are primarily transit countries, points to the need for 
a higher level of enforcement activity. This indeed occurred in the Benelux. 
While it is difficult to accurately compare statistics for Germany between 
these two periods, the number of vehicles subject to the Regulation dropped 
significantly in this country, with a consequent downturn in the minimum 
number of vehicles to be checked during this period. The United Kingdom 
and, to a lesser extent, Spain also experienced this downturn. 
6.2.3 There has been a general rise in checks undertaken and offences detected 
Overall within the EU, the number of enforcement checks rose. This may also 
partially explain the general rise in the number of offences detected, although 
the deterrent effect of increased enforcement activity especially within the 
Netherlands may have contributed to a downturn in their overall offence rates. 
The Netherlands has devised a system of enforcement which targets high risk 
market sectors and attributes the downturn in its overall offence rate to this 
approach. The transferability of this approach to the enforcement agencies of 
other Member States would merit examination by other Member States, given 
the Dutch success in reducing offence levels. 
6.2.4 There has been a shift in the nature of offences detected towards * breaks'. 
Since the last report there has been a 5% increase in the number of 'breaks' 
offences detected, with a consequent decline in those relating to rest periods 
and duty rosters. Driving time offences have remained a constant and 
significant proportion (34%) of total offences detected. Nevertheless, overall 
offences in respect of rest periods continue to account for the highest number 
of infringements. 
6.2.5 The minimum standard has been reached by an increasing number of 
those Member States submitting data. 
A larger proportion of Member States which submitted data required to 
confirm compliance with the minimum check of 1% easily surpassed this 
basic standard, with Denmark, Germany, Ireland and Spain attaining a check 
of over 2%. There is generally a noticeably upward trend in the level of 
enforcement throughout most Member States which provides a reassurance 
among States that enforcement is continuing to be given priority by their 
neighbours. In particular, there are noticeably high rates of enforcement 
activity and consequent infraction detection levels in Germany. The provision 
of comprehensive statistical data in this instance has helped to indicate the full 
13 
extent of Germany's enforcement effort. Recognition of similar efforts in 
other Member States can only be given if full statistics are made available. 
6.2.6 Interpretation of Regulation (EEC) No 3820/85 continues to be refined 
through rulings made by the Court of Justice of the European 
Communities. The period covered is up to the start of 1997. 
In its ruling of 9 November 1995 on case C-235/94, the Court established that 
Article 12 does not authorise a driver to derogate from the provisions of 
Articles 6, 7 or 8 of the Regulation for reasons known before the journey was 
commenced. In reaching its ruling the Court noted that exemptions are 
authorised under Article 12 only on the condition that road safety is not 
jeopardised. Before a journey begins, neither drivers nor employers are in a 
position to say whether that condition will be fulfilled. It is when an 
unforeseen event occurs capable of justifying a derogation from the regulation 
that the driver must take into account the requirement of ensuring road safety. 
Case C-335/94 dealt with two principal questions: the définition of vehicles 
used for rubbish collection services, as referred to in Article 4(6) of the 
Regulation; and secondly, whether the exemption under Article 4(6) for 
'vehicles used in connection with...rubbish collection and disposal' overruled 
the application of national legislation on driving times and rest periods to this 
category. In its ruling of 25 January 1996 the Court defined vehicles used for 
rubbish collection services and found that the derogations contained in Article 
4(6) do not preclude the ability of Member States to make national regulations 
in the field of driving time for vehicles in this category. 
In case C-29/95 (Eckehard Pastoors, Trans-Cap GmbH v Belgium) the Court 
ruled on 23 January 1997 that Article 6 of the Treaty disallowed a national 
regulation, made on the basis of Council Regulations (EEC) Nos 3820/85 and 
3821/85, under which only non-resident offenders who do not choose the 
specified on-the-spot fine but instead opt for their case to be pursued through 
the courts are obliged under caution to pay for each infraction a predetermined 
amount which is greater than the amount payable for an on-the-spot fine, 
otherwise their vehicle is impounded. ~ 
6.2.7 Digital Tachograph gains Council agreement. 
A Commission proposal COM(94) 323 final of 22 July 1994 modifying 
Council Regulation (EEC) No. 3821/85 on recording equipment in road 
transport and Council Directive 88/599/EEC on standard checking procedures 
was presented to the Council on 1 September 1994. The Council has now 
adopted a political agreement on this issue on 17 June 1997 accepting the 
introduction of a digital tachograph. 
14 
6.2.8 Exchange of views on enforcement promoted 
A meeting of national experts was arranged in 1995 to facilitate an exchange 
of views on inspection and penalties. The Joint Committee on road transport 
produced a report in December 1995 on aspects of organisation and 
enforcement of working and driving time which outlined the differences 
between the Member States. In addition the Commission is drawing up a 
report at the request of the Council in relation to the effectiveness and 
uniformity of enforcement practice. 
6.2.9 Success rates in detecting offences vary widely 
The ratio of the total number of offences detected to the total number of 
working days checked reveals a wide disparity in the success of Member 
States in targeting potential offenders. During 1993-94 Germany was the most 
successful with 6 offences detected for every 100 working days checked; 
Finland (3.2 offences), the Netherlands (2.79 offences) and France (2.68 
offences) also show a relatively high detection rate. This contrasts with some 
other Member States where detection levels are below 1 offence per 100 
working days checked and indeed in one instance where only 1 offence comes 
to light in every 10,000 working days checked. This ratio serves to indicate 
the benefits to be gained by an exchange of experience and adoption of the 
most effective and nationally appropriate methods of practice throughout the 
Union. 
6.2.10 Modification of Regulation (EEC) No. 3820/85 
A Commission White Paper on the inclusion of sectors (such as road 
transport) and activities currently excluded from the Working Time Directive 
(Directive 93/104/EEC) was adopted on 15 July 1997. The Commission is 
actively considering how best to revise the Regulation on driving times and 
rest periods in the light of this document. 
6.2.11 Final comments 
Effective application of this legislation is in everyone's interest. The 
Commission encourages all Member States to take further. co-operative 
initiatives and, as some Member States have already done, promote exchanges 
of information, particularly on best practice, to enhance enforcement. 
The Commission is considering ways in which the interpretation and 
application of the legislation can be improved. It is also examining an 
extension of the scope of the Regulation to include other activities which 
affect public safety. 
15 
Annex A 
Member State ' Type of penalty 
^__ Minor Offences Serious offences 
Austria 22-36 ecu 2,181 ecu or up to 6 weeks in prison. 
Belgium 62 ecu 248 ecu. 
Denmark Fine of at least 54 ecu for the driver and 135 for the company, the amount 
' depending on the nature and gravity of the offence. 
Finland Fines are related to income: a 'one day' fine represents 33.3% of a person's 
daily income, with social exemptions. The severity of one breach is more 
important than the number of breaches in determining the fine levied. The 
average penalty for this type of infringement is 120-137 ecu. 
France Prior to the introduction of the new Prior to the introduction of the new 
penal code on 1 March 1994, the penal code on 1 March 1994, the 
fines were as follows: fines were as follows: 
197-455 ecu (455-910 ecu for second 76-2,276 ecu or an imprisonment of 
offences). between 15 days and three months. 
Offenders from other countries could 
deposit in court a sum of 136 ecu per 
infringement or between 303 and 
1,158 ecu per criminal offence. 
After the introduction of the new After the introduction of the new 
penal "code* on 1 March 1994, the penal code on 1 March 1994, the 
fines were amended as follows: fines were amended as follows: 
759 ecu maximum. 3,794 ecu and imprisonment for three 
months. ' 
Ireland 1,365 ecu and/or six months 
imprisonment 
Italy 16 ecu minimum 4,447 ecu maximum. 
Netherlands There are set fines for each breach of a provision of the Regulation ranging 
from 45 - 1,365 ecu. __ • 
Spain '. 30-284 ecu. ~~ I 284-1,388 ecu (First Category) 
__ J 1,388-2,414 ecu (Second Category) 
Sweden Fines range from 139 to 231 ecu. 
United Kingdom Maximum fines for drivers and those 
who cause or permit driver's hours 
and tachograph offences range from. 
1,407 ecu (Level 3) to 7,034 ecu 
(Level 5), with a lower maximum in 
Northern Ireland of 2,814 ecu. In 
addition to a fine, the offences of 
falsifying a chart, and altering or 
forging a seal on a tachograph carry 
a penalty of up to two years 
imprisonment. 
Note 
Entries for Austria, Belgium, Italy, Spain and Sweden are based on figures supplied 
by national experts from these countries in 1995. The ecu conversion rate is that taken 
at 31 March 1997. Data for other Member States was not supplied. 
16 
Annex B 
Statistical data 
1. Reference period 
. From 1 January 1993 to 31 December 1994. 
2. Calculation of minimum checks to be carried out 
(Article 2 of Directive 88/599/EEC)1 
Member State 
Austria 
Belgium 
Denmark 
Finland (1) 
France (2) 
Germany 
Greece 
Ireland (3) 
Italy 
Luxembourg 
Netherlands 
Portugal 
Spain 
Sweden (1) 
United Kingdom Number of days 
worked per driver 
during the. 
reference period. 
-a-
440 
440 
220 
240 
480 
460 
460 
500 
430 
480 
200 
464 Total number of 
vehicles subject 
to Regulation 
(EEC) No. 
3820/85 
(annual average) 
-b-
151,250 
40,000 
41,500 
521,875 
768,847 
52,880 
10,760 
129,400 
137,500 
350,000 
100,000 
434,250 Total number of 
days worked 
axb 
-c-
66,550,000 
17,600,000 
9,130,000 
125,250,000 
396,046,560 
24,324,800 
4,949,600 
64,700,000 
59,125,000 
168,000,000 
20,000,000 
201,492,000 Minimum checks 
(l%ofc) 
-d-
665,500 
176,000 
91,300 
1,250,000 
3,690,465 
243,248 
49,496 
647,000 
591,250 
1,680,000 
200,000 
2,014,920 
Note 
(1) From 1 January 1994 to 31 December 1994 
(2) Figures relate to one year 
(3) Figures relate to total number of goods vehicles over 1,524 kgs and large public service 
vehicles registered in the State. A number of these would be exempted from Cojmcil 
Regulation (EEC) No. 3820/85. However there is no breakdown of figures available. 
OJNoL 325 29.11.88. p. 55 
•n/ 
3. Checks 
3.1 Number of checks at the roadside 
Member State 
Austria 
Belgium 
Denmark 
Finland (3) 
France (4) 
Germany 
Greece 
Ireland (5) 
Italy 
Luxembourg 
Netherlands 
Portugal 
Spain 
Sweden (3) 
United 
Kingdom Type of operation 
carriage of passengers 
carriage of goods 
carriage of passengers 
carriage of gqods 
carriage of passengers 
carriage of goods 
total value 
carriage of passengers 
carriage of goods 
total value 
carriage of passengers 
carriage of goods 
carriage of passengers 
carriage of goods 
carriage of passengers 
carriage of goods 
carriage of passengers 
carriage of goods 
carriage of passengers 
carriage of goods 
carriage of passengers 
carriage of goods 
carriage of passengers 
carriage of goods 
carriage of passengers 
carriage of goods 
carriage of passengers 
carriage of goods 
carriage of passengers 
carriage of goods 
total value 
carriage of passengers 
carriage of goods EEC 
nationals 
• 
2,284 
36,322 other Member 
States 
3,826 
59,621 
(2) 
109,399 
13,000 
18,810 
377,458 
222,594 
3,621,124 
9,509 
33,651 
717 
6,068 
7,076 
119,959 
1,341 
23,506 
201,203 
963,220 
7,642 
67,691 
469,707 81,623 
1,957,690 
1,539 
4,572 
946 
10,871 
1,871 
39,293 
40 
503 
42,142 
161,508 
666 Third 
countries 
151 
2,670 
109,176 
2,086,348 
210 
225 
162 
388 
247 
5,996 
_ 
5,960 
15,935 Total non-
national (1) 
62,291 
^ 
7,607 
97,236 
190,808 
4,044,038 
1,749 
4,-797 
1,108 
11,259 
2,118 
45,289 
40 
503 
48,102. 
177,443 
666 
4,874 
39,879 
Note 
(1) Where the Member States were unable to supply more detailed figures. 
(2) EEC total, including nationals. 
(3) From 1 January 1994 to 31 December 1994. 
(4) From 1 January 1993 to 31 June 1994. 
(5) Where it has not been possible to distinguish between the two types of carriage, the 
following figures apply: nationals: 1,527; other Member States: 1,324; third country: 119. 
19 
3. Checks 
3.2 Number of drivers checked at premises of undertaking 
Member State 
Austria 
Belgium (1) 
Denmark (2) 
Finland (2) 
France (3) 
Germany 
Greece 
Ireland (4) 
Italy 
Luxembourg 
Netherlands 
Portugal (2) 
Spain (5) 
Sweden (6) 
United Kingdom Carriage of 
passengers 
157 
-
-
7,805 
27,240 
1,123 
1,097 
2,148 
-
4,652 Carriage of goods 
1,737 
-
-
67,821 
104,755 
5,212 
5,306 
9,612 
-
136,269 
708 
28,697 Carriage on own 
account 
28 
-
-
3,133 
30,184 
2,728 
24 
2,445 
-
-(5) Carriage for hire 
or reward 
1,866 
-
-
72,493 
101,811 
3,607 
1,062 
7,167 
-
- (5) 
Note 
(1) 
(2) 
(3) 
(4) 
(5) 
(6) These statistics include figures provided by the Ministry of Employment and Labour for 
1994 only (Passengers - 24; Goods -193). 
No statistics supplied 
From 1 January 1993 to 30 June 1994 
From July 1993 
Figures unable to be disaggregated 
From 1 January 1994 to 31 December 1994. 
20 
3. Checks 
3.3 Number of working days checked at the roadside 
Member State 
Austria 
Belgium 
Denmark 
Finland (3) 
France (4) 
Germany 
Greece 
Ireland 
Italy 
Luxembourg 
Netherlands 
Portugal 
Spain 
Sweden (3) 
United 
Kingdom (5) Type of transport 
carriage of passengers 
carriage of goods 
carriage of passengers 
carriage of goods 
carriage of passengers 
carriage of goods 
total number 
carriage of passengers 
carriage of goods 
total number (1) 
carriage of passengers 
carriage of goods 
carriage of passengers 
carriage of goods 
carriage of passengers 
carriage of goods 
carriage of passengers 
carriage of goods 
carriage of passengers 
carriage of goods 
carriage of passengers 
carriage of goods 
carriage of passengers 
carriage of goods 
carriage of passengers 
carriage of goods 
carriage of passengers 
carriage of goods 
carriage of passengers 
carriage of goods 
total number (1) 
carriage of passengers 
carriage of goods EEC 
Nationals 
8,422 
, 124,315 other member 
states 
14,116 
221,030 
(2) 
437,569 
40,000 
58,008 
1,242,018 
417,480 
6,894,156 
3,152 
35,974 
984 
17,428 
14,152 
239,918 
4,853 
52,597 
361,273 
1,420,907 
22,926 
197,802 
1,560,484 " 
122,054 
3,125,922 
737 
3,175 
2,147 
32,820 
3,742 
78,586 
297 
1,341 
64,315 
247,400 
1,998 Third 
countries 
569 
10,183 
-
125,584 
2,512,144 
7 
224 
487 
1,282 
494 
11,992 
_ 
9,585 
26,627 Total non 
nationals (1) 
14,685 
231,213 
24,188 
342,422 
247,638 
5,638,066 
744 
3,399 
2,634 
34,102 
4,236 
90,578 
297 
1,341 
73,900 
274,027 
1,998 
— 
Note 
(1) Where the Member States were unable to supply more detailed figures 
(2) EEC total including nationals 
(3) From 1 January 1994 to 31 December 1994. 
(4) From 1 January 1993 to 30 June 1994. 
(5) Figures unable to be disaggregated. 
21 
3. Checks 
3.4 Number of working days checked at premises of undertaking. 
Member State 
Austria 
Belgium 
Denmark (1) 
Finland (2)(3) 
France (4) 
Germany 
Greece 
Ireland 
Italy 
Luxembourg 
Netherlands 
Portugal 
Spain (5) 
Sweden (3)(5) 
United Kingdom Carriage of 
Passengers 
4,351 
1,037 
112,239 
441,019 
-
84,227 
5,249 
85,920 
1,471 
253,651 Carriage of goods 
57,439 
11,226 
950,494 
1,343,916 
811,772 
30,329 
225,210 
27,599 
1,253,545 
2,124 
1,427,454 Carriage on own 
account 
33,571 
296,119 
6,066 
24,450 Carriage for hire 
or reward 
1,029,162 
1,488,816 
29,512 
286,680 
Note 
(1) Estimated figures 
(2) No statistics available. 
(3) From 1 January 1994 to 31 December 1994. 
(4) From 1 January 1993 to 30 June 1994. 
(5) Total number provided. 
22 
4. Offences 
Number of offences recorded. 
4.1 Article 6 of Regulation (EEC) No 3820/85: driving period. 
Member 
State 
Austria 
Belgium 
Denmark 
Finland 
France* 
Germany 
Greece Type of 
offence 
- daily driving period 
- six days maximum 
- fortnight 
- daily driving period 
- six days maximum 
-fortnight 
- daily driving period 
- six days maximum 
- fortnight 
- daily driving period 
- six days maximum 
- fortnight 
- daily driving period 
- six days maximum 
- fortnight 
- daily driving period 
- six days maximum 
- fortnight 
- daily driving period 
- six days maximum 
- fortnight PASSENGERS 
nationals 
90 
13,946 
872 
322 
1 EEC 
112 
0 
1,072 
6 third 
countries 
4 
806 
6 total non-
nationals 
116 
1,878 
12 GOODS 
nationals 
1,266 
24 
206,042 
3,990 
5,368 EEC 
2,348 
44 
628 
46,128 
1,206 
1,630 third 
countries 
60 
5 
16,298 
4,272 
22 total 
non-
nationals 
2,408 
49 
62,426 
5,478 
1,652 PASSENGERS 
AND GOODS 
nationals 
1,356 
24 
• 
14,511 
169 
219,988 
4,862 
5,690 non-
nationals 
2,524 
49 
5,034 
35 
64,304 
5,490 
1,652 
23 
Member 
State 
Ireland 
Italy 
Luxembourg 
Netherlands 
Portugal 
Spain 
Sweden** 
United 
Kingdom Type of offence 
- daily driving period 
- six days maximum 
- fortnight 
- daily driving period 
- six days maximum 
- fortnight 
- daily driving period 
- six days maximum 
- fortnight 
- daily driving period 
- six days maximum 
- fortnight 
- daily driving period 
- six days maximum 
- fortnight 
- daily driving period 
- six. days maximum 
- fortnight 
- daily driving period 
- six days maximum 
- fortnight 
- daily driving period 
- six days maximum 
- fortnight PASSENGERS 
nationals 
294 
86 
91 
-
179 
118 
5 
17,024 
48 
32 EEC 
54 
14 
11 
-
4 
1 
352 third 
countries 
-
1 
-
-total non-
nationals 
54 
14 
11 
1 
4 
1 GOODS 
nationals 
2,818 
291 
243 
125 
4,885 
635 
19 
38 
223 EEC 
228 
71 
75 
311 
996 
8 
1 
86 
269 
173 
10 third 
countries 
-
-
28 
-
-
11. 
14 total 
non-
nationals 
228 
71 
75 
311 
1,024 
8 
1 PASSENGERS 
AND GOODS 
nationals 
3,112 
377 
334 
125 
5,064 
753 
24 
38 
17,024 
48 
32 
223 
269 
173 
10 non-
nationals 
282 
85 
86 
312 
1,028 
9 
1 
352 
86 
11 
14 
•From 1 January 1993 to 30 June 1994 
** From 1 January 1994 to 31 December 1994 
*** Data may include figures in respect of a siftall proportion of passenger vehicles Note 
24 
4. Offences 
Number of offences recorded 
4.2 Article 7 of Regulation (EEC) No. 3820/85: breaks 
Member 
State 
Austria 
Belgium 
Denmark (2) 
Finland 
France (3) 
Germany 
Greece Type of 
offence 
- driving for more than 
4.5 hours without a break 
- breaks too short 
- driving for more than 
4.5 hours without a break 
- breaks too short 
- driving for more than 
4.5 hours without a break 
- breaks too short 
- driving for more than 
4.5 hours without a break 
- breaks too short 
- driving for more than 
4.5 hours without a break 
- breaks too short 
- driving for more than 
4.5 hours without a break 
- breaks too short 
- driving for more than 
4.5 hours without a break 
- breaks too short PASSENGERS 
nationals 
9 
4 
6,938 
9,300 
1 EEC 
9 
3 
6 
306 
312 third 
countries 
1 
62 
186 total non-
nationals 
• 
10 
3 
368 
498 GOODS 
nationals 
160 
101 
72,424 
100,952 EEC 
331 
97 
1,321 
16,888 
8,142 
-third 
countries 
7 
2 
10,376 
8,140 total 
non-
nationals 
338 
99 
27,264 
16,282 PASSENGERS 
AND GOODS (1) 
nationals 
-
169 
105 
6,769 
79,362 
110,252 non-
nationals 
348 
102 
2,382 
27,632 
16,780 
25 
Member 
State 
Ireland 
Italy 
Luxembourg 
Netherlands 
Portugal 
Spain 
Sweden 
United 
Kingdom 
(4) Type of offence 
- driving for more than 
4.5 hours without a break 
- breaks too short 
- driving for more than 
4.5 hours without a break 
- breaks too short 
- driving for more than 
4.5 hours without a break 
- breaks too short 
- driving for more than 
4.5 hours without a break 
-breaks too short 
- driving for more than 
4.5 hours without a break 
- breaks too short 
- driving for more than 
4.5 hours without a break 
^ breaks too short 
- driving for more than 
4.5 hours without a break 
- breaks too short 
- driving for more than 
4.5 hours without a break 
- breaks too short PASSENGERS 
nationals 
384 
188 
1 
105 
43 
9,099 EEC 
57 
23 
1 
-
-
154 third 
countries 
-
1 
1 
-
-total non-
nationals 
57 
23 
2 
1 
-
-GOODS 
nationals 
1,715 
643 
81 
12 
3,030 
245 
9 EEC 
348 
40 
206 
21 
203 
4 
30 third 
countries 
-
-
8 
-total 
non-
nationals 
348 
40 
206 
21 
211 
4 PASSENGERS 
AND GOODS (1) 
nationals 
2,099 
831 
82 
12 
3,135 
288 
9,099 non-
nationals 
405 
63 
208 
22 
211 
4 
154 
Note 
(1) Where the Member States were unable to supply more detailed figures. 
(2) Total number provided 
(3) From 1 January 1993 to 30 June 1994. | (4) Data may include figures in respect of a small proportion of passenger vehicles. 
26 
4. Offences 
Number of offences recorded 
4.3 Article 8 of Regulation (EEC) No 3280/85: rest periods 
Member 
State 
Austria 
Belgium 
Denmark 
Finland 
France (1) 
Germany 
Greece 
Ireland 
Italy 
Luxembourg Type of 
offence 
- daily 
- weekly 
-daily 
- weekly 
- daily 
- weekly 
-daily 
- weekly 
-daily 
- weekly 
- daily 
- weekly 
-daily 
- weekly 
-daily 
- weekly 
- daily 
-weekly 
- daily 
-weekly PASSENGERS 
nationals 
88 
9 
10,900 
1,924 
312 
133 EEC 
116 
18 
13 
272 
2 
56 
36 
1 third 
countries 
4 
416 
26 
-
! total non-
nationals 
120 
18 
688 
28 
56 
36 GOODS 
nationals 
1,010 
41 
285,816 
6,868 
3,736 
254 EEC 
1,873 
125 
1,298 
41,720 
710 
145 
94 third 
countries 
58 
2 
21,610 
586 
_ total non-
nationals 
1,931 
127 
63,330 
1,296 
145 
94 PASSENGERS 
AND GOODS 
nationals 
1.098 
50 
13,993 
64 
296,716 
8,792 
4,048 
387 
-non-
nationals 
2,051 
145 
4,341 
62 
64,018 
1,324 
201 
130 
1 
27 
Member 
State 
Netherlands 
Portugal 
Spain 
Sweden 
United 
Kingdom (2) Type of 
Offence 
- daily 
- weekly 
- daily 
- weekly 
-daily 
- weekly 
-daily 
- weekly 
-daily 
- weekly PASSENGERS 
nationals 
676 
71 
21 
2,555 
324 EEC 
53 
_ third 
countries 
6 
-total non-
nationals 
59 
-GOODS 
nationals 
7,787 
4 
584 
59 EEC 
2,756 
1 
5 
844 
144 third 
.countries 
101 
„ 
29 
11 total non-
nationals 
2,857 
1 
5 PASSENGERS 
AND GOODS 
nationals 
8,463 
4 
655 
80 non-
nationals 
2,916 
1 
5 
Note 
(1) From 1 January 1993 to 30 June 1994. . 
(2) Data may include figures in respea of a small proportion of passenger vehicles. 
28 
4. Offences 
Number of offences recorded 
4.4 Article 14 of Regulation (EEC) No. 3820/85: Service timetable and Duty 
roster. 
Member State 
Austria 
Belgium 
Denmark 
Finland 
France 
Germany 
Greece 
Ireland 
Italy 
Luxembourg 
Netherlands 
Portugal 
Spain 
Sweden 
United 
Kingdom Type of 
offence 
Faulty 
Incorrectly 
applied 
Faulty 
Incorrectly 
applied 
Faulty 
Incorrectly 
applied 
Faulty 
Incorrectly 
applied 
Faulty 
Incorrectly 
applied 
Faulty* 
Incorrectly 
applied 
Faulty 
Incorrectly 
applied 
Faulty 
Incorrectly 
applied 
Faulty 
Incorrectly 
applied 
Faulty 
Incorrectly 
applied 
Faulty 
Incorrectly 
applied 
Faulty 
Incorrectly 
applied 
Faulty 
Incorrectly 
applied 
Faulty 
Incorrectly 
applied 
Faulty 
Incorrectly 
applied Nationals 
» 
> 
} 215** 
> 
528 
84 
7 
46 
2 
6 
2 
! 
2,618 
15,880 EEC 
\ 
V 
> 
}67** 
} 8 
1 
7 
219 Third 
countries 
24 
24 Total non-
nationals 
32 
24 
-T 
Note 
•Not to hand. 
** Infringements of Article 14 without distinction. 
29 

ISSN 0254-1475 
COM(97) 698 final 
DOCUMENTS 
EN 05 07 14 
Catalogue number : CB-CO-97-718-EN-C 
ISBN 92-78-29182-X 
Office for Official Publications of the European Communities 
L-2985 Luxembourg 
3>o