COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 10.01 1996 
COM(95) 713 final 
REPORT FROM THE COMMISSION 
on the implementation in 
1991-1992 of Regulation (EEC) No 3820/85 
on the harmonization of certain social legislation 
relating to road transport 
(17th report by the Commission on the implementation 
of the social legislation relating to road transport) 

INTRODUCTION 
The European social legislation relating to road transport cannot attain its objectives of 
social progress, harmonization of conditions of competition and improved road safety unless 
these rules, which focus primarily on driving time and drivers' rest periods, are implemented 
effectively and duly monitored by the Member States. 
For this reason, from the outset Regulation No 543/691 called on the Member States to 
supply the Commission with data on the measures taken to implement and monitor 
compliance with the rules laid down therein so that the Commission could compile an annual 
report. 
When Regulation No 543/69 was replaced by Regulation No 3820/852 this obligation was 
retained in Article 16, except that since then the report covers a two-year period. 
This report marks a break with the earlier Commission reports on the implementation of the 
social legislation relating to road transport, in that it is the first report exclusively on 
Regulation No 3820/85. It is also the first based on the standard form introduced by the 
Decision of 22 February 1993. 
This makes it particularly difficult to establish a trend in implementation of this legislation. 
Most of the data gathered here cannot be compared with the earlier figures. 
Moreover, although most Member States submitted their data in a format close to the 
standard form, they are still not yet uniform and some of the data submitted were 
fragmentary, incomplete or for the wrong reference period. Also, in some cases it took time 
to make the transition. 
The principal headings in this report cover the checks, the different types of offence, the 
penalties, the national regulatory and administrative initiatives, cooperation between the 
Member States and, finally, comments by the Member States and the Commission on 
implementation of this legislation. 
1 OJ NoL77, 29.3.1969, p. 49. 
2 OJNoL370, 31.12.1985, p. 1 
A 
1. Reference period 
From 1 January 1991 to 31 December 1992. 
2. Calculation of minimum checks to be carried out 
(Article 2 of Directive 88/599/EEC) 
Member State 
Belgium 
Denmark 
Germany 
Greece (x) 
Spain 
France 
Ireland 
Italy 
Luxembourg 
Netherlands 
Portugal 
United 
Kingdom Number of days 
worked per driver 
during the 
reference period 
- a -
440 
440 
480 
528 
480 
480 
460 
465(^ 
432 
443 
465<**> 
465("> Total number of 
vehicles subject to 
Regulation (EEC) 
No 3820/85 
(annual average) 
-b-
150.200 
40.000 
776.536 
7.300 
350.957 
521.875 
48.180 
705.000 
9.482 
103.400 
437.500("*) Total 
number of 
days worked 
a x b 
- c -
66.088.000 
17.600.000 
372.737.280 
3.854.400 
168.459.360 
250.500.000 
22.162.800 
327.825.000 
4.096.224 
45.806.200 
203.437.500 Minimum 
checks (1% 
of c) 
-d -
660.880 
176.000 
3.727.372 
38.544 
1.684.593 
2.505.000 
221.628 
3.278.250 
40.962 
458.062 
2.034.375 
n From 1 January 1990 to 31 December 1991. 
(**} Average value as no figure was submitted. 
r**) Excluding vehicles registered in Northern Ireland. 
Note 
In the case of Germany, vehicles from the former German Democratic Republic were 
included in 1992 but not in 1991, consequently raising the number of vehicles covered by 
the Community social legislation from 666 213 to 886 858. 
3. Checks 
3.1 Number of checks at the roadside 
(Italy supplied no data and is not included in this table. The figures for 
Greece are for the period from 1 January 1990 to 31 December 1991.) 
Member Slate 
Belgium 
Denmark 
Germany <4> 
Greece 
Spain 
France 
Ireland 
Luxembourg 
Netherlands 
Portugal 
United Kingdom 
Notes: Type of operation 
carriage of passengers 
carriage of goods 
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 (3) 
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 EEC 
nationals 
2.648 
36.820 other Member 
States 
5.389 
75.393 
(2) 
128.809 
575.053 
75.673 (2) 
207.598 
29.159 
387.671 
12.650 
446.407 
10.862 
49.601 
328 
3.309 
3.456 
115.390 
2.311 
34.262 
58.870 
537.320 5.656 
70.671 
1.351 
6.223 
758 
29.577 Third countries 
188 
2.817 
8 
11 
369 
3.559 
6 
89 
78 
2.059 (i> 
Total non-
national 
506.991 
21.769 
102.741 
1.326 
8.888 
84 
517 
4.610 
44.320 
(1) Where the Member States were unable to supply more detailed figures. 
(2) EEC total, including nationals. 
(3) From 1 January to 31 December 1992. 
(4) BAG figures (excluding checks by the Lander). The increase in the vehicle fleet following 
unification pushed up the number of checks on nationals from 258 848 in 1991 to 316 205 in 
1992. Naturally, the increase for non-nationals was less marked, from 235 997 in 1991 to 
270 994 in 1992. 
3. Checks 
3.2. Number of drivers checked at premises of undertaking 
Member State 
Belgium 
Denmark 
Germany 
Greece n 
Spain 
France 
Ireland 
Italy 
Luxembourg 
Netherlands 
Portugal 
United Kingdom Carriage of 
passengers 
102 
36 
n.c. 
992 
9.307 
n.c. 
n.c. 
548 
540 
114 
8.560 Carriage of 
goods 
2.193 
84 
2.961 
90.214 
78.655 
3.451 
9.671 
1.773 
66.550 Carriage on 
own account 
4.706 
18 
2.315 <"> Carriage for hire 
or reward 
80.680 
53 
7.356 <"> 
n From 1 January 1990 to 31 December 1991. 
Goods only. 
3. Checks 
3.3 Number of working days checked at the roadside 
(Italy supplied no data and is not included in this table. The figures for Greece are for the 
period from 1 January 1990 to 31 December 1991.) 
Member State 
Belgium 
Denmark 
Germany (S> 
Greece 
Spain 
France 
Ireland 
Luxembourg 
Netherlands 
Portugal 
United Kingdom Type of transport 
carriage of passengers 
carriage of goods 
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 (3) 
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 EEC 
nationals 
6.821 
101.435 other Member 
States 
14.941 
251.517 
515.236 » 
1.725.159 
5.119 » 
14.558 
87.477 
1.163.013 
63.898 
1.337.791 
8.300 
77.685 
887 
9.387 
8.640 
288.475 
7.066 
64.847 16.900 
212.000 
507 
16.740 
1,544 
64.677 Third countries 
650 
10.501 
6 
7 
1.100 
10.600 
29 
248 
546 
14.413 
184.250 <4) 
1.663.460 Total non-
nationals0' 
1.520.973 
27.146 
312.638 
1. 129 
7.579 
240 
1.248 
Notes: 
(1) 
(2) 
(3) 
(4) 
(5) Where the Member States were unable to supply more detailed figures. 
EEC total, including nationals. 
From 1 January to 31 December 1992. 
Nationality not specified. 
Estimate based on BAG figures (excluding checks by the Lander). 
3 Checks 
3.4. Number of working days checked at premises of undertaking 
Member State 
Belgium 
Denmark 
Germany 
Greece u) 
Spain 
France 
Ireland 
Italy 
Luxembourg 
Netherlands 
Portugal 
United Kingdom Carriage of 
passengers 
985 
3.725 
n.c. 
6.751 
119.651 
69.465 
42.858 
2.532 
5400 
6.590 
191.030 Carriage of goods 
98.320 
17.500 
23.361 
413.826<l) 
842.347 
1.174.174 
430.870 
28.214 
154.039 
27.007 
1.611.660 Carriage on own 
account 
52.011 
1.575 
23.150 ^ Carriage for hire or 
reward 
909.987 
2.811 
130.889 «"» 
o From 1 January 1990 to 31 December 1991. 
*"* Goods only. 
Note: 
(1) From 1 January to 31 December 1992. 
Comments 
In Denmark the number of working days checked at premises of undertakings was well below 
the 25% of all working days checked called for by Directive ,88/599 of 23 November 1988. 
Belgium also fell short of this quota. 
3. Checks 
3.5. Number of days actually checked as a proportion of the minimum number of 
working days to be checked 
Member State 
Belgium 
Denmark 
Germany"' 
Greece w 
Spain 
France 
Ireland 
Italy 
Luxembourg 
Netherlands 
Portugal 
United Kingdom - a -
Minimum 
number of 
working days to 
be checked 
660.880 
176.000 
3.727.372 
38.544 
1.684.593 
2.505.000 
221.628 
•n.c. 
40.962 
458.062 
n.c. 
n.c. -fa-
Number of 
working days 
checked (national) 
207.561 
1.725.159 
2.363.687 
105.510 - c -
Number of 
working days 
(non-national) 
277.609 
1.520.973 
339.784 
1.488 -d-
Total number of 
working days 
checked 
485.170 
536.461 
3.246.132 
49.802 
1.904.916 
2.703.471 
1.338.332 
58.544 
532.338 
106.998 
3.650.400 - e -
Number of 
working days 
checked as a 
proportion of the 
minimum number 
of days to be 
checked 
(d/a) 
73 % 
305 % 
87% 
129 % 
113 % 
108 % 
604 % 
143 % 
1 
116 % 
00 From 1 January 1990 to 31 December 1991. 
(l) In the case of columns b, c and d, estimates based on the BAG figures (excluding checks by the Lander). 
4. Offences 
Number of offences recorded 
4.1. Article 6 of Regulation (EEC) No 3820/85: driving period 
Member Slate 
Belgium 
Denmark 
Germany 
Greece M 
Spain 
France 
Ireland 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 
36 EEC 
42 
173 
4 (2) 
303 °> 
68 
4 third 
countries 
3 total non-
nationals GOODS 
nationals 
282 EEC 
5032 
859 
567 
2 
• . 
3679 
82 
7 • 
• third 
countries 
60 total non-
nationals 
18 PASSENGERS AND GOODS(,) 
nationals 
10056 
35 
17021 
118 non-nationals 
659 
4831 
35 
Ii eland 
Ii.ily 
Luxembourg 
Netherlands 
Portugal 
United Kingdom'"1 - 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 68 
4 
1307 
61 
239 
42 
132 
128 
21 
4 
77 
1 n.c. 
161 
1 
15 3 3679 
82 
7 
16 
9547 
9 
351 
17 
16 
1069 
145 
8 2534 75 18 
6 
417 
130 
3 
n From 1 January 1990 to 31 December 1991. 
(**) Court cases only (excluding warnings, immobilization, etc.). 
Notes: 
(1) Where the Member States were unable to supply more detailed figures. 
(2) EEC total, including nationals. 
4. Offences 
Number of offences recorded 
4.2. Article 7 of Regulation (EEC) No 3820/85: breaks 
Member State 
Belgium 
Denmark 
Germany 
Greece w 
Spain 
I" r;t nee Type of offence 
- driving for more than 4V£ 
hours without a break 
- breaks too short 
- driving for more than 4'/i 
hours without a break 
- breaks too short 
- driving for more than 4V£ 
hours without a break 
- breaks too short 
- driving for more than 4V4 
hours without a break 
- breaks too short 
- driving for more than 4V6 
hours without a break 
- breaks too short 
- driving for more than 4Vi 
hours without a break 
- breaks loo short PASSENGERS 
nationals 
6 
5 EEC 
19 
11 
} 
} 4°> 
} 
6 m 
2 
} 
} 
} third 
countries 
3 total non-
nationals GOODS 
nationals 
117 
81 EEC 
739 
239 
1276 
13 
5 third 
countries 
19 
1 total non-
nationals PASSENGERS AND GOODS «" 
nationals 
4846 
202 
8912 non-nationals 
316 
2483 
10 
Ireland 
July 
Luxembourg 
Netherlands 
Portugal 
United Kingdom (" - driving for more than AV2 
hours without a break 
- breaks too short 
- driving for more than 4% 
hours without a break 
- breaks too short 
- driving for more than 4% 
hours without a break 
- breaks too short 
- driving for more than 4 xh 
hours without a break 
- breaks too short 
- driving for more than 4'/4 
hours without a break 
- breaks too short 
- driving for more than 4Vi 
hours without a break 
- breaks too short } 
} 378 
} 
} 
} 2531 
} 
28 
40 
} 
} 246 
} 
99 
20 136 
4 1 
1 2338 
n.c. 
13 
6383 
222 
1 712 
114 1105 • 
58 82 
2 
10(4) 
(x) From 1 January 1990 to 31 December 1991. 
Notes: 
(1) Where the Member States were unable to supply more detailed figures. 
(2) EEC total, including nationals. 
(3) Excluding the figures for Northern Ireland. 
Northern Ireland figures: all offences, for both passengers and goods: 190. 
(4) Infringements of Article 7 where no distinction was drawn. 
n 
4. Offences 
Number of offences recorded 
4.3. Article 8 of Regulation (EEQ No 3820/85: rest periods 
Member State 
Belgium 
Denmark 
Germany 
Greece w 
Spain 
France 
Ireland 
Italy Type of offence 
- daily 
- weekly 
- daily 
- weekly 
- daily 
- weekly 
- daily 
- weekly 
- daily 
- weekly 
- daily 
- weekly 
- daily 
- weekly 
- daily 
- weekly PASSENGERS 
nationals 
34 EEC 
82 
} 
} 3°» 
970 m 
2628 
471 
24 
1442 
1232 third • 
countries 
3 total non-
nationals 
2 GOODS 
nationals 
401 EEC 
3970 
1100 
} 392 
5509 
794 
n.c. third 
countries 
33 total non-
nationals 
51 PASSENGERS AND GOODS «> 
nationals 
4603 
801 
16116 
88 non-nationals 
4209 
13 
12 
Luxembourg 
Netherlands 
Portugal 
United Kingdom « - daily 
- weekly 
- daily 
- weekly 
- daily 
- weekly 
- daily 
- weekly 26 
507 
12 
95 
2 
95 
117 105 
1 
60 
2 10 
1 13 
20651 
24 
407 
13 
918 
426 3877 153 
7 
6 
525 
103 
(x) From 1 January 1990 to 31 December 1991. 
Notes: 
(1) Where the Member States were unable to supply more detailed figures. 
(2) EEC total, including nationals. 
(3) Excluding the figures for Northern Ireland. 
Northern Ireland figures: all offences for goods and passenger services: 190. 
13 
4. Offences 
Number of offences recorded 
4.4 Article 14 of Regulation (EEC) No 3820/85: Service timetable and duty roster 
Member 
State 
Belgium 
Denmark 
Germany 
Greece (x) 
Spain 
France 
Ireland 
Italy 
Luxembourg 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 
Others PASSENGERS 
Provisions not applicable to goods transport 
Nationals EEC 
68(1) 
6214 
} 
} 353® 
} 
4 
11 
} 
} 57® 
} 
4 
8 
23 Third 
countries Total 
non-nationals 
-• 
117 
14 
Netherlands 
Portugal 
United 
Kingdom 0) Faulty 
Incorrectly 
applied 
Faulty 
Incorrectly 
applied 
Faulty 
Incorrectly 
applied } 
}26n> 
} 
• 
(x) From 1 January 1990 to 31 December 1991, 
Notes: 
(1) EEC total, including nationals. 
(2) Infringements of Article 14, without distinction. 
(3) Excluding the figures for Northern Ireland. 
Northern Ireland figures: all offences for passenger and goods services: 190. 
15 
4. Offences 
Number of offences recorded 
4.5. Articles 6, 7, 8 and 14 of Regulation (EEC) No 3820/85 
Overview by Member State 
Member 
State 
Belgium 
Denmark 
Germany 
Greece (l) 
Spain 
France 
Ireland 
Italy 
Luxembourg 
Netherlands 
Portugal 
United 
Kingdom PASSENGERS 
Nationals 
81 EEC 
327 
11 
3978 
960 
6889 
96 
691 
522 
409 439 
81 Third 
countries 
9 
14 
"** Total 
non-
nationals 
2 
< 
2 GOODS 
Nationals 
1.249 EEC 
9.980 
3.235 
979 
12.409 
n.c. 
42 
36.614 
1.026 
4.392 7.516 Third 
countries 
113 
286 Toul 
non-
nationals 
151 
21 Toul 
11.759 
3.246 
4.957 
27.732 
54.296 
13.522 
577 
45.202 
1.571 
6.179 
(x) From 1 January 1990 to 31 December 1991. 
16 
4. Offences 
Number of offences recorded 
4.6 Articles 6, 7, 8 and 14 of Regulation (EEC) No 3820/85 
Overview by category of offence (all Member States which submitted data). 
Passengers and goods (nationals, EEC and third countries). 
Article Type of offence Number of offences 
6 Driving periods 60.900 
7 Breaks 34.828 
8 Rest periods 73.127 
14 Service timetable and duty 6.885 
roster 
TOTAL 175.740 
Note 
In Germany the number of offences recorded was 24.9% higher in 1992 than in 1991. The proportion 
between the number of vehicles checked and the number of offences recorded was as follows: 
Total 
Nationals 
Non-nationals 1991 
15.7% 
15.1% 
16.3% 1992 
16.5% 
15.7% 
17.3% average 
16.1% 
15.4% 
16.9% 
Roughly half the offences detected (slightly more than half in 1991 and slightly less in 1992) concern the 
recording equipment. In most cases, the aim was to cover up other offences, particularly concerning the 
driving periods. 
17 
5. National initiatives 
5.1 Regulatory measures 
In France Decree No 91.223 of 22 February 1991 introduced exceptional arrangements for 
national operations in five vehicle categories covered by Article 13 of 
Regulation No 3820/85. Circular No 91-16 of 23 February 1991 set out the detailed 
arrangements for implementing this Decree. Decree No 92-1006 of 21 September 1992 
cleared the way for application of the revised AETR Agreement on French territory. A 
circular explained the changes made. Circular No 90-94 of 20 December 1990 on statistics 
on checks on road transport entered into force on 1 January 1991. 
In the Netherlands the new Road Transport Act was introduced in May 1992. This Act 
includes a penalty point system leading, in the last resort, to withdrawal of road haulage 
licences from holders definitively found guilty of repeated, serious infringements of the rules 
on driving time. At the same time, the possibility of proposing a settlement to carriers from 
other countries who infringe the provisions of Regulation No 3820/85 has been opened up. 
5.2 Administrative measures 
In the Netherlands, to avoid distortion of competition a new inspection method has been 
developed and introduced. It is based on identification of the segment of the market on 
which the most infringements of the social legislation are detected. Then targeted checks are 
organized systematically on the undertakings in the corresponding sector. A signalling 
system makes it possible to monitor undertakings from other sectors. 
In France the resources available to the inspection officers have been improved by acquiring 
additional tachograph disc readers and analysers, by making improvements to the appropriate 
software and by expanding the fleet of vehicles specially equipped for checks on road 
transport. 
A special effort has also been made on information and documentation. 
The human resources available remained more or less stable, with the number of inland 
transport inspectors rising from 276 to 282 over the reference period. On the other hand, 
the number of labour inspectors for the transport sector fell from 82 in 1991 to 73 in 1992. 
In Belgium the number of roadside inspectors fell from 36 in 1991 to 33 in 1992, while the 
number of inspectors for the checks on undertakings' premises held steady at four throughout 
the reference period. 
18 
In Italy the spotlight has been on the inadequate number of inspectors, on the.need for pre-
work and on-the-job training for them, on instrumentation allowing easier, faster reading of 
the control discs and on greater access to the documents to be checked, particularly on the 
premises of undertakings. 
Proposals have also been put forward to make the tachographs more inviolable and for a 
numbering system for the record sheets. An awareness-raising campaign for trade 
associations in the road haulage sector has been advocated so that they recommend their 
members to behave more carefully and responsibly where driving time is concerned. 
The other Member States reported no new legislation, 
initiatives over the reference period. regulations or specific national 
6. Penalties 
6.1 Scales 
Member State Type of penalty 
Denmark Fine of at least DKR 400 for the driver and DKR 1 000 for the 
company, the amount depending on the seriousness of the offence 
France - Minor infringements are liable to a fine of between FF 1 300 and 
FF 3 000 (between FF 3 000 and FF 6 000 for second offences) 
- Criminal offences are liable to a fine of between FF 500 and 
FF. 15 000 or to imprisonment of between 15 days and three 
months. Offenders from other countries may deposit in court a 
sum of FF 900 per infringement or between FF 2 000 and 
FF 10 000 per criminal offence 
Irela/id Maximum fine of £1 000 and/or six months' imprisonment 
None of the other Member States submitted their scales for the penalties imposed in the event 
of infringement of Regulation (EEC) No 3820/85. 
6.2 Changes 
- No reports were received of any changes in the penalties over the reference 
period. 
19 
7. Relations and cooperation between the Member States 
Although this heading is not included explicitly in the standard form, a number of Member 
States made comments on two points - the checks and exchanges of information. 
7.1 Concerted checks 
Denmark mentioned five concerted campaigns of random checks on northbound 
vehicles with Germany (two in 1991 and three in 1992). 
In 1991 some 64 cases were reported, 45 of them for breaches of the rules on driving 
and rest periods. 
In 1992 a further 124 cases were reported, of which 77 were for breaches of the rules 
on driving and rest periods. 
Germany was involved in coordinated inspection campaigns with France (three in 
1991 and six in 1992), the Benelux countries (four in 1991 and four in 1992) and 
Denmark (two in 1991 and three in 1992). 
France reported fruitful concerted inspection campaigns with neighbouring Member 
States, i.e. the Benelux countries, Germany, Spain and the United Kingdom. In the 
case of the United Kingdom, this had even led to experimental training exchanges 
between the UK and French inspection authorities. 
7.2 Exchanges of information 
Denmark reported that it had exchanged information with the Netherlands, France and 
Germany. The figures for the number of offences committed by German drivers in 
other countries are: 
Country 1991 1992 
B 10 
DK 1 1 
E 2 -
F 1202 1610 
NL 306 522 
These figures show a marked reduction in Belgium and a steady increase in France, 
compared with previous years. 
20 
The figures for penalties imposed in Germany on non-Germans submitted to the 
Ministries concerned are: 
Country 1991 1992 
B 2455 2447 
DK 661 910 
E 252 436 
F 2416 2301 
UK 169 284 
GR 165 184 
I 1026 1145 
IRL 49 46 
L 198 188 
NL 4762 3281 
P 48 121 
The German authorities made an annual average of 3 375 requests for information 
from the other Member States» mainly on the lorry owners, the persons responsible 
for undertakings and the legal status of the undertakings. 
8. Conclusions and comments on all the trends observed in the fields in question 
8.1 Conclusions and comments by the Member States 
In France the number of vehicles.checked at the roadside was down slightly in 1992 
compared with 1991. However, the number of working days checked at the roadside 
rose from 840 694in 1991 to 900 779 in 1992. The number of drivers checked on 
the premises of their undertaking likewise rose from 39 864 in 1991 to 45 792 in 
1992. The number of working days checked at premises of undertakings was also 
* higher. The number of working days checked at the roadside and on the premises of 
undertakings also rose from 1 294 833 in 1991 to 1 408 638 in 1992, thereby meeting 
the minimum target set by Directive 88/599. These figures indicate that the 
inspection authorities' activities are growing. This must be maintained, given that 
infringements of the European social legislation account for slightly over half of all 
offences recorded on the road. 
In Portugal, the number of vehicles checked fell by 15.2% in 1992, compared with 
1991, and the number of record forms checked by 13.3% but the number of 
non-Portuguese vehicles checked rose by 29.1 %. The number of offences was also 
down by 3.7%, although the picture was varied, with a 13% increase in offences 
under the Community legislation but a reduction in infringements of the national 
legislation. 
21 
In Italy comparison of the 1992-1992 data with the figures for the two previous years 
shows that fewer undertakings and documents were checked on both the passenger 
and goods transport sides. This reduction is due not only to the shortage of 
inspectors but also to the difficulty of retracing undertakings which have changed 
hands or gone out of business. In this connection the labour inspectors also stressed 
that they had no data on the size and location of the national undertakings covered by 
Regulations (EEC) No 3820/85 and 3821/85. The most frequent offences were 
non-use of discs, use of a disc for only part of the journey or use of several discs on 
the same day. All too often these frauds can be put down to price-cutting by carriers 
in order to win contracts. The flat-rate travel expenses system in turn sometimes 
tempts drivers to curtail their rest periods in order to shorten the journey. 
In Germany although the data are incomplete there has been a noticeable increase in 
the number of offences recorded. This trend can be attributed, in particular, to the 
increased number of checks. 
A large number of often easily detectable offences sought to cover up other 
infringements, particularly of the rules on driving time, by tampering with the 
recording equipment and falsifying the discs. The fact that in Germany the fines for 
tampering with the equipment are ten times lower than the fines for breaking the law, 
particularly on driving and rest periods, (DM 1 000 compared with DM 10 000) 
could explain this phenomenon. 
From the German point of view, it would be desirable to put an end to these 
differences. The following measures also appear necessary: 
- Meeting convened by the Commission between the heads of the national inspection 
authorities in order to standardize practice. 
- Amendment of Regulation No 3821/85 in order to minimize the opportunities for 
fraudulent use of the recording equipment. 
- Harmonization of penalties for infringements of the social legislation. 
- Simplification of Regulation No 3820/85, particularly on driving and rest periods 
(and compensatory periods). 
- Regular meetings between the competent national representatives to guarantee 
uniform interpretation and application of the European social legislation. 
None of the other Member States made any comments under this heading. 
22 
8.2 Conclusions and comments by the Commission 
8.2.1 The new standard form has clearly allowed greater standardization of the data 
gathered, but was introduced too late to produce optimum results. 
What is more, the large number of national authorities responsible for the inspections 
militates against standardization. Some of the forms cover the data from all the 
inspection authorities (including the police and gendarmerie) while others supply only 
the data from the authorities specializing in checking compliance with the social 
legislation relating to road transport. 
Another point to note is that the vast majority of the states which submitted the data 
required in order to check this minimum attained or surpassed the target of checking 
at least 1 % of the total number of days worked by drivers of vehicles covered by 
Regulations No 3820/85 and 3821/85. Only Belgium seems to be having real 
problems meeting this target, even after including the data from the gendarmerie. In 
the case of Germany the checks carried out by the Lander, for which no figures are 
available for the reference period, should make it possible to surpass the 1 % target. 
8.2.2 Interpretation of Regulation No 3820/85 continues to pose problems, with 
frequent differences between the Member States. For this reason, the 
Commission considers it useful to recall four relevant rulings made by the Court 
of Justice of the European Communities over the reference period covered by this 
report. 
Two rulings were made on 2 October 1991. In case C7/90 the Court ruled that the 
expression "undertaking" in Article 15 of Regulation No 3820/85 refers to an 
autonomous natural or legal person, irrespective of legal form, regularly carrying on 
a transport business and empowered to organize and control the work of drivers and 
crew members. It also stated that infringements of Article 15 of the Regulation may 
be restrained by the application of provisions consistent with the basic principles of 
national criminal law (without the Member States having to introduce the principle 
of the criminal liability of companies into their national law), provided that the 
resulting penalties are effective, proportionate and dissuasive. 
Case C8/9Û dealt with Article 18(2) of Regulation No 3820/85 which stipulates that 
references to the repealed Regulation No 543/69 must be construed as references to 
Regulation No 3820/85. The Court ruled that this clause must be interpreted as 
meaning that it does not relate to references to the repealed Regulation appearing in 
provisions of national law containing measures for the implementation of that 
Regulation, but that the purpose of this Article is to ensure that references to 
Regulation No 543/69 appearing in other Community measures are interpreted as 
references to Regulation No 3820/85. 
23 
In its ruling of 13 December 1991 on case C 158/90 the Court defined the term "the 
last day of the previous week on which he drove" in Article 15(7) of Council 
Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road 
transport. This refers to the last driving day of the last week, prior to the current 
week, during which the driver concerned drove a vehicle subject to Regulation 
No 3820/85. 
In its ruling of 25 June 1992 on case C 116/91 the Court established as law that the 
derogation from the requirements to install and use a tachograph in vehicles used in 
connection with the gas service under Article 3(1) of Council Regulation (EEC) 
No 3821/85 in conjunction with Article 4(6) of Regulation (EEC) No 3820/85 applies 
solely to vehicles used, at the relevant time, for carriage wholly and exclusively in 
connection with the production, transport or distribution of gas, or the maintenance 
of the necessary installations for that purpose. However, that derogation does not 
apply to vehicles wholly or partly used at the relevant time in connection witfy the 
carriage of domestic gas appliances. 
Finally, three further rulings after the period covered by this report should be 
mentioned here for information. 
- In case C 116/92 on 15 December 1993 the Court ruled that: 
1) Article 7(1) and (2) of Regulation No 3820/85 is to be interpreted as 
prohibiting drivers to which it applies from driving continuously for more than 
4!/2 hours. But where a driver has taken 45 minutes' break either as a single 
break or as several breaks of at least 15 minutes during or at the end of a 4V2-
hour period, the calculation provided for by Article 7(1) of the Regulation 
should begin afresh, without taking into account the driving time and breaks 
previously completed by the driver. 
2) The calculation provided for by Article 7(1) of Regulation No 3820/85 begins 
at the moment when the driver sets in motion the recording equipment 
provided for by Regulation No 3821/85 and begins driving. 
- The ruling of 2 June 1994 on case C 313/92 reads: 
1) Article 2(1) of Regulation No 3820/85 must be interpreted as meaning that the 
Regulation is applicable to carriage by road within the Community by vehicles 
registered in a Member State in the course of journeys to or from third 
countries which are not parties to the European Agreement concerning the 
Work of Crews of Vehicles Engaged in International Road Transport (AETR), 
or in transit through such countries. 
24 
2) The expression "each period of 24 hours" in Article 8(1) of Regulation 
No 3820/85 must be interpreted as meaning any period of 24 hours 
commencing at the time when the driver activates the tachograph following a 
weekly or daily rest period. Where the daily rest is taken in two or three 
separate periods, the calculation must commence at the end of the period of 
not less than eight hours. 
In case C 394/92, on 9 June 1994 the Court ruled that: 
1) The "daily working period" within the meaning of Article 15(2) of Regulation 
No 3821/85 comprises the driving time, all other periods of work, the period 
of availability, breaks in work and, where the driver divides his daily rest into 
two or three periods, such a period of rest, provided that it does not exceed 
one hour. The "daily working period" commences at the time when the driver 
activates the tachograph following a weekly or daily rest period, or, where the 
daily rest is divided into separate periods, following the rest period of at least 
eight hours' duration. It ends at the beginning of a daily rest period or, if the 
daily rest is divided into separate periods, at the beginning of a rest period 
extending over a minimum of eight consecutive hours. 
2) The term "day" within the meaning of Regulation No 3820/85 and of 
Regulation No 3821/85 must be understood as equivalent to the term "period 
of 24 hours", which refers to any period of that duration which commences 
at the time when the driver activates the tachograph following a weekly or 
daily rest period. 
8.2.3 Two significant developments in the European social legislation on road transport 
over the period covered by this report were: 
- Commission Regulation (EEC) No 3688/92 of 21 December 1992 adapting to 
technical progress Council Regulation (EEC) No 3821/85 on recording equipment 
in road transport which introduced means to make the tachograph more inviolable. 
- The communication of 20 March 1992 from the Commission to the Council on the 
introduction of the concept of working time into Regulations (EEC) No 3820/85 
and 3821/85 which deal with driving and rest periods in the road transport sector. 
25 
This communication concluded that the length of working time, and the methods of 
calculating it, vary widely from one Member State to another and that European 
harmonization could produce more equal conditions of competition in this respect. 
Similarly, harmonized limits on working hours should help to improve road safety 
and drivers' working conditions. 
But effective monitoring of any such regulations remains an extremely complex 
problem, particularly if this concept were to replace the concept of driving periods, 
which offer the objective, easily-monitored factor of operation of the vehicle. Also, 
any new regulations would entail opening negotiations with the AETR contracting 
parties. 
In the light of these difficulties, the Commission intended to encourage the work of 
the Joint Committee on Road Transport, which had started to look into the matter. 
8.2.4 Prospects for checks and penalties 
The Commission wishes the social legislation to be applied as effectively and uniformly as 
possible. This objective entails more harmonized interpretation of the provisions of 
Regulation No 3820/85 combined with more effective checks and penalties providing a real 
deterrent for potential frauds and greater uniformity to avoid distortion of competition. 
The 1994 report by the "groupe des sages" on road transport stated that action must be taken 
immediately to redefine, harmonize and apply the regulations. 
To follow up these recommendations the Commission is taking four main lines of approach: 
- modernization of the tachograph to ensure greater reliability, both with data-gathering and 
against fraud, and to speed up the checks by producing recordings which are easier to read; 
- driver training, which could be made mandatory; 
- tightening-up and harmonization to produce more effective inspection systems, without 
distorting competition; 
- alignment of penalties and/or establishment of minimum penalties and uniform approach 
to immobilization of vehicles (this measure, in particular, was proposed by the "groupe des 
sages"). 
The third and fourth measures must be taken in concertation with the national authorities 
responsible for the social legislation relating to road transport. 
26 
GENERAL CONCLUSIONS 
Completion of the single market calls for harmonization of the conditions of competition, to 
which the European social legislation relating to road transport makes a contribution. Beyond 
that, the legislation must be applied genuinely and under similar conditions in the Member 
States. 
The two-yearly report compiled to comply with Article 16 of Regulation No 3820/85 
provides an opportunity to take stock of the conditions in which this legislation is applied. 
The standard form introduced should provide a means for meaningful assessment of the 
measures taken to apply the social legislation, for making comparisons between the Member 
States and for following developments. 
To attain this objective, the Member States must submit the data strictly within the 
framework laid down by the standard form and, as far as possible, by the time limit set by 
Regulation No 3820/85. 
Accordingly, the Member States are reminded that they must submit their data for the next 
report, the eighteenth covering 1993 and 1994, by 30 September 1995 at the latest. 
By the very nature of the objectives (harmonization of competition, road safety and drivers' 
social welfare), effective application of this legislation is in everyone's interest. Completion 
of the single market and the gradual liberalization of cabotage make harmonization of the 
conditions under which it is applied even more necessary. Also, the cooperation between 
Member States, as provided for, inter alia, by Articles 5 and 6 of Directive 88/599 of 
23 November 1988,.should provide an opportunity to compare experience and align practice. 
The Commission will also organize regular meetings of the national experts responsible for 
the checks in the Member States in order to harmonize interpretation of the European social 
legislation and, where possible, to bring into line the conditions under which it is applied. 
27 
Contents 
Introduction 1 
1. Reference period 2 
2. Calculation of minimum checks to be carried out 2 
3. Checks 
3.1 Number of checks at the roadside 3 
3.2 Number of drivers checked at premises of undertaking 4 
3.3 Number of working days checked at the roadside 5 
3.4 Number of working days checked at premises of undertaking 6 
3.5 Number of days actually checked as a proportion of the minimum 7 
number of working days to be checked 
4. Offences: number of offences recorded 
4.1 Article 6 of Regulation (EEC) No 3820/85: driving period 8 
4.2 Article 7 of Regulation (EEC) No 3820/85: breaks 10 
4.3 Article 8 of Regulation (EEC) No 3820/85: rest periods 12 
4.4 Article 14 of Regulation (EEC) No 3820/85: service timetable and 14 
duty roster 
4.5 Articles 6, 7, 8 and 14 of Regulation (EEC) No 3820/85: 16 
overview by Member States 
4.6 Articles 6, 7, 8 and 14 of Regulation (EEC) No 3820/85: 17 
overview by category of offence 
5. National initiatives 
5.1 Regulatory measures 18 
5.2 Administrative measures 18 
28 
6. Penalties 
6.1 Scales 19 
6.2 Changes 19 
7. Relations and cooperation between the Member States 
7.1. Concerted checks 20 
7.2 Exchanges of information 20 
8. Conclusions and comments 
8.1 Conclusions and comments by the Member States 21 
8.2 Conclusions and comments by the Commission 23 
General conclusions 27 
29 
ISSN 0254-1475 
COM(95) 713 final 
DOCUMENTS 
EN 05 07 
Catalogue number : CB-CO-95-760-EN-C 
ISBN 92-77-98669-7 
Office for Official Publications of the European Communities 
L-2985 Luxembourg