[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |

Brussels, 12.10.2007

SEC(2007) 1359

COMMISSION STAFF WORKING DOCUMENT

Accompanying the Report from the Commission on the implementation in 2003-2004 of Regulation (EEC) No 3820/85 on the harmonisation of certain social legislation relating to road transport (23rd report from the Commission on the implementation of the social legislation relating to road transport)

{COM(2007) 622 final}

1. National initiatives 3

1.1. Regulatory measures 3

1.2. Administrative measures 3

1.3. Other measures 4

2. Penalties 5

2.1. Scales 5

2.2. Table of penalties 7

2.3. Additional information on penalties 8

3. Comments from the Member States 9

4. Other statistical data 13

4.1. Reference period 13

4.2. Annex B Calculation of minimum checks to be carried out 13

4.3. Checks 14

4.3.1. Number of checks at the roadside 14

4.3.2. Number of drivers checked at the premises of undertaking 17

4.3.3. Number of working days checked at the roadside 18

4.3.4. Number of working days checked at premises of undertaking 21

4.4. Offences; Number of offences recorded 22

4.4.1. Article 6 of Regulation (EEC) No 3820/85: driving period 22

4.4.2. Article 7 of Regulation (EEC) No 3820/85: breaks 27

4.4.3. Article 8 of Regulation (EEC) No 3820/85: rest periods 31

4.4.4. Article 14 of Regulation (EEC) No 3820/85: Service time table and Duty roster 34

1. NATIONAL INITIATIVES

Regulatory measures

Germany informed Commission that the relevant national legislation consists of the following acts: Fahrpersonalgesetz (Law on driving personnel), Fahrpersonalverordnung (Regulation on driving personnel) and Werordnung über die kontrollen gemäss der Richtlinie 88/599/EWG des Rates wom 23.11.1988 zur Anwendung (EWG) Nr 3820/85 und 3851/85 vom 06.06.2006 (The Order of 6 June 1990 pursuant to Council Directive 88/599/EEC of 23 November 1988 on checking procedures for the implementation of Regulation (EEC) No 3820/85 and Regulation (EEC) No 3821/85.) Drivers of vehicles between 2.8 and 3.5 tons are required to keep records of driving times and rest periods. This is a procedural requirement which is governed by §1 of the above Regulation on driving personnel and which applies both to German and foreign drivers. Failure to comply with this legislation is punishable by a fine. National driving times and rest periods correspond to those in Regulation (EEC) No 3820/85.

In Denmark Regulation 688 from 29.7.2005 on driving and rest times in road transport came in force 15.7.2005. It repealed Employ ministry’s Regulation 1018 from year 1993.

Austria informed about the following national regulatory initiatives: Arbeitszeitgesetz BGBI Nr461/1969 IdF BGBI, I NR 122/2002 (Working time Act), Arbeitsruhegesetz BGBI Nr 144/1983 idF BGBI I Nr 48/2003 (Act on rest times) and Kraftfahrgesetz 1967 §134 Abs(1) (Vehicles Act).

Finland informs that no national initiatives were launched.

United Kingdom reports that no regulatory measures have been introduced since the 2001 when the enforcement authorities were enabled to prohibit from continuing their journey the drivers of UK registered vehicles who exceeded permitted driving times, or who had taken insufficient rest (an equivalent measure was already in place for drivers of foreign registered vehicles).

Malta informs about national regulatory measures: Motor Vehicles (Weights, Dimensions and Equipment) Regulations, Motor Vehicles (Carriage of Goods by Road) Regulations and (Motor Vehicles (Carriage of Passengers by Road) Regulations.

1.1. Administrative measures

In France , the number of people carrying out checks on the roads has increased from 440 inspectors in 2002 to 450 in 2004. The efforts to equip the enforcement services with special purpose vehicles have continued. At the end of 2004 the fleet consisted of 193 vehicles.

In United Kingdom the operator licensing regime requires all operators to undertake to carry out regular checks of drivers’ hours and to have administrative systems for such purposes. Operators who fail to keep this undertaking and frequently breach the rules, risk having their operator’s licence suspended, curtailed or revoked.

1.2. Other measures

In United Kingdom the main operator agency - The Vehicle and Operator Services Agency (VOSA) – practices a risk-based approach to enforcement with the aim of minimising the burden of compliant operators. During the reporting period VOSA carried out 11 large scale roadside checks – four of these specially targeted passenger vehicle operations; six where carried out in combination with other enforcement agencies and concentrated on traffic on international journeys; and one Pan-European Check, carried out in combination with other Member States, specifically focused on vehicles carrying dangerous goods.

In addition, VOSA routinely targeted vehicles on long distance or international journeys. This was in response to relatively high level of involvement by these vehicles in serious road accidents. The results indicate a high level of non-compliance by foreign drivers, and this is reflected in the significant increase in offences reported against drivers from other Member States.

In July 2003, VOSA took delivery of eight vehicles fitted with automatic number plate equipment (ANPR). This equipment consists of one or more cameras linked to a computer processor which in turn is linked to several databases that provide information on, for example, the annual test history of the vehicle in question. This equipment has been used as a tactical targeting tool for increasing effectiveness at roadside checks.

Chief police officers, using powers granted to them under the Police Perform Act 2002, are now able to accredit certain VOSA staff with the power to stop vehicles. Previously, VOSA had to rely on police support as only they had the power to stop vehicles. But following a successful trial involving six police forces during the reporting period, certain VOSA staff has now been specially trained to undertake stopping activities and to drive specially adapted vehicles. This is a major step forward as it allows VOSA to take more control of its roadside check activity and direct resources in a more flexible way. As well as continuing to visit all new operators to advise and educate them to help prevent offences being committed through ignorance or misunderstanding (this includes a check of the systems in place to ensure that drivers do not breach the rules), VOSA published the “The Safe Operators Guide” in December 2004 which provides advice on the procedures and systems that operators should have in place for monitoring compliance with all aspects of road safety legislation, including drivers’ hours.

In Ireland enforcement of the regulations is carried out jointly by the Gardai (police) and Transport Officers (inspectors) of this Department. Responsibility for enforcement will be transferred shortly from this Department to a new Road Safety Authority (RSA) as a focused and well-resourced body with an independent and high profile Board. The RSA will provide an opportunity for the recruitment of additional Transport Officers to strengthen enforcement.

Netherlands informed national initiative in passenger transport. Inspectors want to promote self-regulation whenever possible. That was also the case with the Touringcar certificate introduced in 1994. Nevertheless expectations over self-regulation cannot be held too high as initially applied lighter monitoring over certificated drivers has been reversed because they do not follow the rules better than non-certificated drivers.

2. PENALTIES

2.1. Scales

France, Austria, Hungary, Finland, and the UK provided information on the scale of penalties imposed for violations to the Regulation (EEC) No 3820/85. A wide range of fines among Member States is still apparent.

In the case of France , the administrative sanctions commissions asked the municipal authorities to take necessary administrative measures against national companies whose record is particularly sub-standard. These sanctions consist of the temporary withdrawal or permanent withdrawal of the community licence. Since 30 August 1999, there has also been the possibility to immobilise one or more of the company’s vehicles.

Austria applies penalties ranking from 36 to 2180 euro. The sanction of imprisonment for up to 6 weeks is available for infringements concerning driving time and breaks, with additional limitations arising from Title no 102, paragraph 12 of the law concerning circulation of the Heavy Goods vehicles ( Kraftfahrgesetz ). The date of last modification to Arbeitzeitgesetz BGBI, no 461/1969 was published in BGBI, I no 122/2002 and to Arbeitsruhegesetz BGBI No 144/1983 was published in BGBI, I no 48/2003.

Germany informed the applied sanctions are contained in the Penalty fare catalogue ( Buß- und Verwarnungsgeldkatalog ).

Denmark made sanctions stricter in 2005 .

Hungary informed that minor offences are penalised by fine ranking from 1000 to 10000 HUF (4-40 euro) and serious offences by fine of 100000 HUF (400 euro).

In Finland penalties are imposed either on the driver or the employer depending on the offence. A day fine is imposed for an offence, the number of day fines depending on the gravity of the offence. In the case of driving and rest periods offences, the penalties range from 4 to 12 day fines per offence. For example, 8 day fines are imposed for failure to use the tachograph, and 6 day fines for non-compliance with the provisions regarding its use. The value of one day fine in euros varies depending on the income and the number of dependants of the person.

In the United Kingdom there has been no change during reporting period to the maximum fine for drivers’ hours and tachograph related offences and for those who cause or permit them – these dines continue to range from £200 to £5000. Similarly, in addition to a fine, the offences of falsifying a chart and altering or forging a seal on a tachograph continue to carry a prison sentence of up to two years.

The most recent change was increasing the maximum fines in Great Britain in October 1992. In Northern Ireland, the maximum £5000 fine came into effect in June 1996.

The power of prohibition for drivers’ hours and tachograph offences by drivers of UK registered vehicles was introduced in February 2001.

The Criminal Justice Act 1991 lays down the maximum amount for each level of fine in Great Britain. Reference to the level of fine appropriate to each category of drivers’ hours offence (i.e. Level 1 or Level 2) is contained in Part VI of the Transport Act 1968, as amended.

In Northern Ireland the fine levels in operation in 2001 and 2002 are contained in the Road Traffic (Northern Ireland) Order and the European Communities Road traffic and Vehicles – Passenger and Goods Vehicles – (Recording Equipment) Regulations (Northern Ireland) 1996.

The Transport Act 2000 inserted a new section 99A into the Transport Act 1968, which empowers an authorised person to prohibit the driving of a vehicle where it appears to him that there has been a contravention of the requirements in Regulation (EEC) 3820/85.

Malta

Fixed penalty 60 euros per offence.

Greece informed about the number of Greek drivers penalised in other Member States.

2.2. Table of penalties

Member State | Type of penalty |

Minor offences | Serious offences |

Austria | €36 - € 2180 or arrest up to 6 weeks; € 72 - € 1815 working time Act and € 36 - € 2180 Working Break Act |

Belgium[1] | € 62 | € 248 |

Denmark[2] | Fine of at least € 67 for the driver and € 135 for the company, the amount depending on the nature and gravity of the offence. |

Finland | The violations are punished using the “day-fine” criterion. The sum of one day-fine depends on the defendant’s income and the number of their dependants. The number of day-fines imposed respects the severity of the offence and varies between 4 and 12. |

France2 | € 1517 maximum | Severe infringements may attract a fine up to € 30489 |

Serious of repeated infringements can lead to the temporary or permanent revocation of the Community licence or of the transport authorisation. The immobilisation of the vehicle up to three months is also an administrative sanction. |

Germany2 | The infringements are punished according to the type of offences and persons involved. Fines fro infringements of the provisions on driving times, rest periods and breaks range from € 15 to € 31 for the driving personnel and by a fine of € 61 (minimum) for employer. Fines for drivers who do not respect the provisions on recording of driving times range from € 15 to € 53 and for employer’s range from € 153 to € 1534. Breaches of provisions on the service time table and duty roster are punished with a fine ranging from € 51 to € 128 for the driver and by a fine of € 511 (minimum) for the employer) |

Greece[3] |

Hungary | 1000-10000 HUF (€ 4 - € 40) | 100000 HUF (€ 400) |

Ireland3 |

Italy1 | € 16 minimum | € 4447 |

Luxembourg3 |

Malta | Fixed penalty €60 per offence |

Netherlands5 | There are set fines for each breach of a provision of the Regulation ranging from € 45 to € 1365. (Penalties has amounted to € 740255 – exclusively transactions in the hands of inspectors in connection with offences found to have been committed by foreign drivers who were stopped.) |

Portugal3 |

Spain2 | € 30 – 284 | € 284 – 1388 (First Category) € 1388 – 2414 (Second Category) |

Sweden5 | 1200 Swedish kronor for primary offences , 600 Swedish kronor for secondary offences |

United Kingdom | The fines imposed for drivers and those who cause or permit’ drivers’ hours and tachograph related offences range from £ 200 to £ 5000. In addition to fine, the offences of falsifying a chart or forging a seal tachograph carry a penalty of up to two years imprisonment. |

Norway |

Switzerland |

2.3. Additional information on penalties

Germany provided the following additional statistics:

Passenger transport | Goods transport |

Cautions with exemplary fines | 9842 | 222186 |

Fines imposed (including decisions that may be open to appeal) | 4280 | 207984 |

Total | 14122 | 430170 |

Drivers prevented from continuing their journey | 1636 | 59561 |

France forwarded the following table:

Number of undertakings sanctioned in France | 2003 | 2004 |

307 | 151 |

Certifid copies | Complete withdrawal | 33 | 29 |

Suspension | 414 | 81 |

Authorisations | Complete withdrawal | 1 | 1 |

Suspension | 90 | 0 |

Number of immobilised vehicles | 192 | 67 |

Finland reported that police filed 114 reports of offences and issued 2937 summary penal orders, of which three were imposed on drivers from other Member States and eight on third-country drivers.

3. COMMENTS FROM THE MEMBER STATES

Sweden informs that controls have been made together with the control authorities in the other Nordic countries.

Ireland reported that the enforcement of the regulations is carried out jointly by the Gardai (police) and Transport Officers (inspectors). Responsibility for enforcement will be transferred shortly to a new Road Safety Authority (RSA) as a focused and well-resourced body with an independent and high profile Board. The RSA will provide an opportunity for the recruitment of additional Transport officers to strengthen enforcement.

In Belgium control officers monitoring premises of the undertaking was reduced from 21 to 19 and control officers performing road checks was increased from 41 to 42 in 2004.

Number of road checks declined from 215443 disks to 154677 disks (in 2004) in goods transport and from 16837 disks (in 2002) to 11266 disks (in 2004) in passenger transport.

At the same time checks in undertakings rise from 3605 disks (in 2002) to 8923 disks (in 2004) in passenger transport and rise from 135716 disks (in 2002) to 460311 disks (in 2004) in goods transport.

In the year of 2004 the control of own account transport has been intensified on the basis of risk analysis and the complaints received.

3. Percentage of vehicles with infringements rise in 2003 and 2004

Goods transport:

Belgian citizens from 15.68% to 18.65%

EU-citizens from 13.41% to 23.06%

Third country citizens from 12.55% to 18.96%

Passenger transport: Belgian citizens from 15.10% to 16.41%

EU-citizens from 13.08 % to 14.35%

Third country citizens from 12.94 % to 19.66%

4. Infringements concerning driving and rest times

More then half of the established infringements concerned driving times and rest periods rules, on which 29.36 % related to the driving times and rest periods and 28.82% to the incorrect use of tachograph in the year of 2004.

In France there was a fall in the number of offences detected in checks performed at the premises of undertakings.

Germany provided following statistics on minimum checks and the actual checks made.

Minimum control | Number of actual checks | Controls in % |

Nationals | Other EEC citizens | Third country | Total |

2987237 | 6633246 | 3563858 | 3224019 | 13421123 | 4,49 |

Germany informed that the amount of vehicles to be counted into the minimum controls have decreased by 13,9% in comparison to period 2001-2002.

Following picture can be drawn from detected offences against Regulations 3820/85 and 3821/85 and AETR agreement in Germany:

- Despite the lower number of vehicles, the number of offences committed by German drivers within passenger transport has increased by 44,8 % and within goods transport by 4 %.

- The number of offences committed by drivers from other Member States has risen in passenger transport by 38,5% and has decreased by 17,5 % in goods transport.

- The number of offences committed by drivers from third countries has risen by 37,2% in passenger transport and has decreased by 25,4 % in goods transport.

The number of fines and cautions with exemplary fines has increased in passenger transport by 5,5 %, but the number of drivers prevented from continuing their journey has decreased by 31,7%; in goods transport there has been an increase by 14 % and 0,2 % respectively.

The situation concerning compliance with driving times and rest period rules has not changed: in the light of detected offences road safety is still endangered and impaired. The situation is especially worrying in passenger transport.

In Austria compliance with Regulations 3820/85 and 3821/85 is controlled in motorway lay-bys and at EU external borders. Training of officers responsible for checking driving times and rest periods has been continued, with special attention in recognising manipulation of control devices. Checking data concerning driving time and rest periods was partially carried out on an automatic basis. Austria reported also joint check with the German authorities.

Finland reported that during the reference years the number of checks exceeded the minimum lever required in Directive 88/599/EEC and that the collection of statistics became more efficient as the statistics on the labour inspectors’ control data in each district can be obtained directly from a computer terminal connected to the control data system.

United Kingdom reported that it is possible to see a modest increase (6,3%) in the number of offences recorded despite a slight decrease in the number of working days (tachograph charts) checked at the roadside and at the premises. The authorities believe that the increase in the number of offences recorded can be attributed to the effectiveness of the targeting policy. In 2003-2004, enforcement authorities recorded 1 offence for every 89 charts checked, compared with 1 every 103 chats in 2001-2002 and 1 in every 243 charts in 1999-2000.

The UK experience shoe a sharp growth in non-compliance by drivers from other Member States. These offences represent 27,6% of the total number of offences recorded.

As well as directing enforcement effort in this direction, the UK is developing a graduated fixed penalties and deposit system similar to that used in some other Member States. This will allow VOSA and the Police to issue Fixed Penalty tickets to all offenders. Those with a UK address, where legal proceedings can be safely served will be given 28 days to pay the penalty amount. Those without such address will need to pay a deposit equal to the level of penalty immediately and can ask to have the case brought before a court. This is currently passing through the legislative process and should be introduced in 2007.

The UK authorities consider that the lack of requirements to provide information about tachograph offences continues to represent a significant gap – for example, failing to produce tachograph charts, incorrect completion, defective and fraudulent use of tachographs. There is a clear relationship between these offences and infringements of the rules themselves because the motive for tachograph offences is to mask offences of drivers’ hours. In the UK, there were 9050 goods vehicle and 831 passenger vehicle tachograph offences during 2003-2004.

The Netherlands reported that because of the break-out of the avian flu in 2003, during the period of 1.4.2003-27.6.2003, a substantial number of inspectors from Transport and Water inspection were used for the support of the responsible Ministry for the prevention of the avian flu. As a result of this commitment fewer controls took place in goods transport by road. For the regular controls this means a reduction of 4500 controls in comparison to year 2002.

Malta informs that Regulation 3820/85 only applies to a small number of Maltese registered (goods carrying) vehicles that operate internationally, as Malta applies to the whole national territory the exemption for small islands. It should also be noted that there are no Maltese registered passenger transport vehicles that operate internationally.

Roadside checks were in practise carried out at the quayside at the Port of Valletta, as the volume of international goods and passenger transport vehicles entering Malta is very small.

4. OTHER STATISTICAL DATA

4.1. Reference period

From 1 January 2003 to 31 December 2004.

4.2. Annex B Calculation of minimum checks to be carried out

(Article 2 of Directive 88/599/EEC)

Member State | (a) Number of working days per driver during the reference period | (b) Total number of vehicles subject to Regulation 3820/85 (annual average) | (c) Total number of working days (a x b) | (d) Minimum checks (1 % of c) |

Austria | 480 | 96 855 | 46 490 400 | 464 904 |

Belgium | 440 | 165 000 | 72 600 000 | 726 000 |

Denmark | 440 | 50 000 | 22 000 000 | 220 000 |

Finland | 440 | 67 500 | 29 700 000 | 297 000 |

France | 480 | 521 875 | 250 500 000 | 2 505 000 |

Germany | 480 | 622 341 | 298 723 680 | 2 987 237 |

Greece | 505,42 | 2 118 | 1 070 480 | 10 705 |

Hungary | 480 | 116 667 | 56 000 160 | 560 002 |

Ireland | 460 | 156 853 | 72 152 380 | 721 524 |

Italy | 390 | 722 692 | 281 849 685 | 2 818 497 |

Luxembourg | 450 | 10 990 | 4 945 500 | 49 455 |

Netherlands | 432 | 125 975 | 54 421 200 | 544 212 |

Malta | 160 | 80 | 12 800 | 128 |

Portugal( | 58 507 735 | 585 077 |

Spain | 480 | 452 000 | 216 960 000 | 2 169 600 |

Sweden | 440 | 110 000 | 48 400 000 | 484 000 |

United Kingdom | 465 | 473 774 | 220 304 910 | 2 203 049 |

Norway | 320 000 |

Switzerland | 309 | 66148 | 20439732 | 204 397 |

4.3. Checks

4.3.1. Number of checks at the roadside

Member State | Type of Transport | EEC | Third Countries | Total non nationals |

Nationals | Other Member States |

Austria | Carriage of passengers | 5 125 | 3 414 | 4 413 | 7 827 |

Carriage of goods | 82 741 | 35 391 | 35 324 | 70 715 |

not distinguished | 26 478 | 5 484 | 5 167 | 10 651 |

total number | 114 344 | 44 289 | 44 904 | 89 193 |

Belgium | Carriage of passengers | 2 856 | 3 028 | 327 | 3 355 |

Carriage of goods | 55 423 | 48 378 | 7 098 | 55 476 |

total number | 58 279 | 51 406 | 7 425 | 58 831 |

Denmark | Carriage of passengers |

Carriage of goods |

total number | 76 537 | 8 637 | 855 | 9 492 |

Finland | Carriage of passengers | 2 639 | 358 | 377 | 735 |

Carriage of goods | 61 260 | 11 125 | 5 566 | 16 691 |

not distinguished | 1 | 20 | 94 | 114 |

total number | 63 900 | 11 503 | 6 037 | 17 540 |

France | Carriage of passengers | 63 338 | 25 511 | 25 511 |

Carriage of goods | 1 242 485 | 334 435 | 334 435 |

total number | 1 305 823 | 359 946 | 359 946 |

Germany | Carriage of passengers | 117 495 | 43 784 | 44 932 | 88 716 |

Carriage of goods | 2 726 089 | 1 426 061 | 1 348 864 | 2 774 925 |

total number | 2 843 584 | 1 469 845 | 1 393 796 | 2 863 641 |

Greece | Carriage of passengers | 1 183 | 29 | 474 | 503 |

Carriage of goods | 1 563 | 53 | 851 | 904 |

total number | 2 746 | 82 | 1 325 | 1 407 |

Hungary | Carriage of passengers | 3 946 | 781 | 4 445 | 5 226 |

Carriage of goods | 76 832 | 8 005 | 87 101 | 95 106 |

total number | 80 778 | 8 786 | 91 546 | 100 332 |

Ireland | Carriage of passengers | 13 384 | 1 371 | 370 | 1 741 |

Carriage of goods | 73 298 | 6 973 | 724 | 7 697 |

not distinguished | 2 502 | 598 | 326 | 924 |

total number | 89 184 | 8 942 | 1 420 | 10 362 |

Italy | Carriage of passengers | 124 819 | 15 224 | 3 070 | 18 294 |

Carriage of goods | 992 459 | 92 732 | 16 536 | 109 268 |

not distinguished | 161 472 | 11 551 | 710 | 12 261 |

Total number | 1 278 750 | 119 507 | 20 316 | 139 823 |

Luxembourg | Carriage of passengers | 205 | 609 | 9 | 618 |

Carriage of goods | 3 516 | 9 975 | 496 | 1 0471 |

total number | 3 721 | 10 584 | 505 | 11 089 |

Netherlands | Carriage of passengers | 3 314 | 769 | 94 | 863 |

Carriage of goods | 42 009 | 16 887 | 3 666 | 20 553 |

total number | 45 323 | 17 656 | 3 760 | 21 416 |

Malta | Carriage of passengers |

Carriage of goods | 5 | 4 |

total number |

Portugal | Carriage of passengers | 224 | 7 | 0 | 7 |

Carriage of goods | 4652 | 98 | 4 | 102 |

not distinguished | 51 | 0 | 3 | 3 |

total number | 4927 | 105 | 7 | 112 |

Spain | Carriage of passengers | 274 069 | 38 499 | 6 252 | 44 751 |

Carriage of goods | 1 193 419 | 178 590 | 19 270 | 197 860 |

total number | 1 467 488 | 217 089 | 25 522 | 242 611 |

Sweden | Carriage of passengers | 4 531 | 424 | 79 | 503 |

Carriage of goods | 70 710 | 18 484 | 5 062 | 23 546 |

total number | 75 241 | 18 908 | 5 141 | 24 049 |

United kingdom | Carriage of passengers | 28 204 | 1 465 | 55 | 1 520 |

Carriage of goods | 254 623 | 46 954 | 5 212 | 52 166 |

total number | 282 827 | 48 419 | 5 267 | 53 686 |

Norway | Carriage of passengers | 6 776 | 2 268 | 455 | 2 723 |

Carriage of goods | 162 064 | 28 903 | 2 495 | 31 398 |

total number | 168 840 | 31 171 | 2 950 | 34 121 |

Switzerland | Carriage of passengers |

Carriage of goods |

Total number | 53 226 | 51 084 | 1 607 | 52 691 |

4.3.2. Number of drivers checked at the premises of undertaking

Member State | Carriage of passengers | Carriage of goods | Carriage for own account | Carriage for hire and reward |

Austria | 1 102 | 16 165 | 2 595 | 14 517 |

Belgium | 1 062 | 1 640 | 78 949 |

Denmark |

Finland | 2 118 | 6 264 | 1 061 | 7 284 |

France | 12 582 | 113 078 | 1 833 | 123 829 |

Germany | 20 044 | 80 568 | 11 084 |

Greece | 395 | 259 | 14 | 42 |

Hungary | 657 | 2 589 | 308 | 2 938 |

Ireland | 602 | 6 773 | 1 362 | 7 312 |

Italy | 1 426 | 20 854 | 2 708 | 41 788 |

Luxembourg | 613 | 2 573 |

Netherlands | 2 330 | 1 800 (goods) | 20 381 (goods) |

Malta | 32 |

Portugal | 289 | 5 101 | 20 | 5 390 |

Spain | 7 530 | 36 665 | 5 323 | 38 872 |

Sweden | 855 | 4 238 |

United Kingdom | 1 353 | 16 932 | 2 365 | 15 059 |

Norway | 739 | 7 741 | 314 | 7 640 |

Switzerland | 2 295 |

4.3.3. Number of working days checked at the roadside

Member State | Type of Transport | EEC | Third Countries | Total non nationals |

Nationals | Other Member States |

Austria | Carriage of passengers | 7 083 | 7 119 | 8 289 |

Carriage of goods | 266 370 | 123 950 | 124 216 | 248 166 |

not distinguished | 76 499 | 17 536 | 18 167 | 35 703 |

total number | 349 952 | 148 605 | 150 672 | 299 277 |

Belgium | Carriage of passengers | 9 482 | 10 900 | 1 342 | 12 242 |

Carriage of goods | 136 989 | 162 909 | 25 491 | 188 400 |

total number | 146 471 | 173 809 | 26 833 | 200 642 |

Denmark | Carriage of passengers |

Carriage of goods |

total number | 232 263 | 26 059 | 2 565 | 28 624 |

Finland | Carriage of passengers | 7 929 | 1 074 | 752 | 1 826 |

Carriage of goods | 191 726 | 21 528 | 16 447 | 37 975 |

not distinguished | 2 | 0 | 0 | 0 |

total number | 199 657 | 22 602 | 17 199 | 39 801 |

France | Carriage of passengers | 198 372 | 80 060 | 80 060 |

Carriage of goods | 3 892 847 | 1 135 143 | 1 135 143 |

total number | 4 091 219 | 1 215 203 | 1 215 203 |

Germany | Carriage of passengers | 266 715 | 97 825 | 94 876 | 192 701 |

Carriage of goods | 6 366 531 | 3 466 033 | 3 129 143 | 6 595 176 |

total number | 6 633 246 | 3 563 858 | 3 224 019 | 6 787 877 |

Greece | Carriage of passengers | 5 682 | 825 | 825 |

Carriage of goods | 21 316 | 4 330 | 4 330 |

total number | 26 998 | 5 155 | 0 | 5 155 |

Hungary | Carriage of passengers | 9 090 | 2 966 | 14 126 | 17 092 |

Carriage of goods | 218 183 | 27 070 | 103 993 | 131 063 |

total number | 227 273 | 30 036 | 118 119 | 148 155 |

Ireland | Carriage of passengers | 15 251 | 1 184 | 302 | 1 486 |

Carriage of goods | 112 141 | 6 273 | 704 | 6 977 |

not distinguished | 2 393 | 516 | 269 | 785 |

total number | 129 785 | 7 973 | 1 275 | 9 248 |

Italy | Carriage of passengers | 360 732 | 25 113 | 3 003 | 28 116 |

Carriage of goods | 2 975 780 | 107 914 | 25 608 | 133 522 |

not distinguished | 559 282 | 31 600 | 1 327 | 32 927 |

Total number | 3 895 794 | 164 627 | 29 938 | 194 565 |

Luxembourg | Carriage of passengers | 565 | 2 127 | 3 | 2 130 |

Carriage of goods | 14 394 | 27 374 | 1 700 | 29 074 |

total number | 14 959 | 29 501 | 1 703 | 31 204 |

Netherlands | Carriage of passengers | 9 942 | 2 307 | 282 | 2 589 |

Carriage of goods | 126 027 | 50 661 | 10 998 | 61 659 |

total number | 135 969 | 52 968 | 11 280 | 64 248 |

Malta | Carriage of passengers |

Carriage of goods | 37 | 16 | 16 |

total number |

Portugal | Carriage of passengers | 824 | 21 | 0 | 21 |

Carriage of goods | 16 414 | 810 | 33 | 843 |

not distinguished | 134 | 0 | 2 | 2 |

total number | 17 372 | 831 | 35 | 866 |

Spain | Carriage of passengers | 549 899 | 67 421 | 11 345 | 78 766 |

Carriage of goods | 2 517 814 | 306 570 | 34 518 | 341 088 |

total number | 3 067 713 | 373 991 | 45 863 | 419 854 |

Sweden | Carriage of passengers | 10 931 | 1 097 | 307 | 1 404 |

Carriage of goods | 231 231 | 58 971 | 15 487 | 74 458 |

total number | 242 162 | 60 068 | 15 794 | 75 862 |

United kingdom | Carriage of passengers | 115 481 | 8 414 | 392 | 8 806 |

Carriage of goods | 1 063 047 | 204 342 | 23 558 | 227 900 |

total number | 1 178 528 | 212 756 | 23 950 | 236 706 |

Norway | Carriage of passengers | 14 832 | 5 601 | 938 | 6 539 |

Carriage of goods | 421 711 | 73 776 | 14 473 | 88 249 |

total number | 436 543 | 79 377 | 15 411 | 94 788 |

Switzerland | Carriage of passengers |

Carriage of goods |

total number | 159 678 | 153 252 | 4 821 | 158 073 |

4.3.4. Number of working days checked at premises of undertaking

Member State | Carriage of passengers | Carriage of goods | Carriage for own account | Carriage for hire and reward |

Austria | 16 096 | 245 742 | 38 347 | 222 581 |

Belgium | 20 656 | 36 472 | 824 495 |

Denmark | 1 712 | 50 979 | 6 041 | 44 938 |

Finland | 13 589 | 127 639 | 18 942 | 121 936 |

France | 190 892 | 1 864 868 | 14 089 | 2 038 671 |

Germany | 365 785 | 1 326 866 | 180 764 |

Greece | 8 995 | 18 218 | 1 100 | 1 430 |

Hungary | 139 564 | 302 982 | 21 440 | 421 106 |

Ireland | 74 352 | 648 030 |

Italy | 200 181 | 1 025 628 | 200 434 | 1 710 910 |

Luxembourg | 25 216 | 126 207 |

Netherlands | 87 430 | 16 087 (goods) | 259 315 (goods) |

Malta | 0 | 758 | 0 | 0 |

Portugal | 8 055 | 98 437 | 1 495 | 106 492 |

Spain | 185 508 | 840 125 | 127 988 | 897 645 |

Sweden | 21 156 | 135 415 |

United Kingdom | 216 846 | 2 191 427 | 414 650 | 1 776 777 |

Norway | 15 524 | 181 215 | 5 679 | 184 674 |

Switzerland | 686 322 |

4.4. Offences; Number of offences recorded

4.4.1. Article 6 of Regulation (EEC) No 3820/85: driving period

Member State | Type of offence | Passengers | Goods | Total passenger and goods |

Nationals | EEC | Third countries | Total non-nationals |

Austria | faulty | 42 | 9 | 7 | 16 |

incorrectly applied | 6 | 2 | 2 | 4 |

Belgium | faulty |

incorrectly applied |

Denmark | faulty | 10 |

incorrectly applied |

Finland | faulty | 32 | 0 | 0 |

incorrectly applied | 0 | 0 | 0 |

France | faulty | 612 | 190 |

incorrectly applied |

Germany | faulty | 188 | 32 | 56 | 88 |

incorrectly applied | 189 | 20 | 300 | 320 |

Greece | faulty |

incorrectly applied |

Hungary | faulty | 19 | 2 | 8 | 10 |

incorrectly applied | 6 | 0 | 2 | 2 |

Ireland | faulty |

incorrectly applied |

Italy | faulty | 357 | 2 | 0 | 2 |

incorrectly applied | 1 692 | 48 | 3 | 51 |

Luxembourg | faulty | 0 | 0 | 0 |

incorrectly applied |

Malta | faulty |

incorrectly applied |

Netherlands | faulty | 0 | 0 | 0 | 0 |

incorrectly applied | 0 | 0 | 0 | 0 |

Portugal | faulty | 4 |

incorrectly applied | 1 |

Spain | faulty |

incorrectly applied | 482 | 179 | 186 | 365 |

Sweden | faulty |

incorrectly applied |

United kingdom | faulty | 0 | 0 | 0 |

incorrectly applied | 0 | 0 | 0 |

Switzerland | faulty |

incorrectly applied | 562 | 592 | 11 | 603 |

[1] Data for Belgium, Italy and Spain are based on figures supplied by national experts from these countries in 1995 and data from the previous report

[2] Figures for France, Denmark and Germany are those registered in the previous report as these countries did not communicate any change in their legislation

[3] Member State did no supply these data.

5 Figures for Sweden and Netherlands are those registered in the previous reports as they communicate that there were no changes to penalties during reference period.

( These data was missing for the Portugal's report for 2003-2004. Therefore, the general figure on minimum number of working days checked was taken from the previous report.