19th Report from the Commission on the implementation in 1995-96 of Regulation (EEC) 3820/85 on the harmonisation of certain social legislation relating to road transport
Date: 2000-02-15
Institutions: European Commission
Subjects: labour inspectorate, labour law, member country, road transport, working time

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 15.02.2000
COM(2000) 84 final

19TH REPORT FROM THE COMMISSION

on the implementation in 1995-96 of Regulation (EEC) 3820/85 on the harmonisation of
certain social legislation relating to road transport

19TH REPORT FROM THE COMMISSION

on the implementation in 1995-96 of Regulation (EEC) 3820/85 on the
harmonisation of certain social legislation relating to road transport

Contents

4.

3.

Scales ..................................................................................................6
Changes ...............................................................................................7

Regulatory measures............................................................................5
Administrative measures ......................................................................5

Executive Summary ....................................................................................................3
Introduction.....................................................................................................5
1.
National initiatives
2.
2.1
2.2
Penalties
3.1
3.2
Relations and co-operation between the Member States
4.1
4.2
Summary Tables
5.1
5.2
Conclusion and comments
6.1
6.2

Concerted checks .................................................................................8
Exchanges of information ....................................................................8

Checks: summary.................................................................................9
Offences: summary ............................................................................ 10

Conclusions and comments by Member States ................................... 11
Conclusions and comments by the Commission ................................. 13
Table of Penalties............................................................................... 19
Summary of Data received from the Member States

5.

6.

Number of checks at the roadside....................................................... 21
Number of drivers checked at premises of undertaking ...................... 22
Number of working days checked at the roadside............................... 23
Number of working days checked at the premises of the undertaking . 24

Reference Period ........................................................................................... 20
Calculation of minimum checks to be carried out .......................................... 20
Checks
3.1
3.2
3.3
3.4
Offences: number of offences recorded
4.1
4.2
4.3
4.4

Article 6 of Regulation (EEC) No 3820/85: driving period................. 25
Article 7 of Regulation (EEC) No 3820/85: breaks............................. 27
Article 8 of Regulation (EEC) No 3820/85: rest periods..................... 29
Article 14 of Regulation (EEC) No 3820/85: service timetable and duty
roster ................................................................................................. 31

Annex A
Annex B
1.
2.
3.

4.

2

EXECUTIVE SUMMARY

This Report sets out trends and statistics covering the Member States’ inspection and
enforcement activities during the period 1995-96 concerning the driving time, breaks
and rest period provisions of Regulation (EEC) No. 3820/85. The Report is based on
statistics provided by the Member States and includes their views on implementation.

All Member States submitted data to the Commission for the current period. Some
only did so following the threat of infringement proceedings. Austria and Italy, which
did not make a return for the last report, provided data on this occasion, although
Austria only did so for 1996. Unfortunately the Greek statistics were not forwarded in
a suitable format for this report and could not be included. Generally there was some
progress in providing data in the standard form, nevertheless some Member States still
only give total figures, and the returns made are still not uniform. This has once again
delayed the production of the Report, and has hindered a comprehensive and effective
comparison.

The statistics indicate that the overall number of offences detected has increased
again, but the emphasis has changed. While there continues to be a downward trend in
terms of offences concerning rest periods from 41% in 1991-92 to 28% in 1995-96,
there has been a corresponding rise in the overall percentage of offences relating to
breaks from 20% in 1991-92 to 29% in 1995-96 with a similar rise more recently in
terms of driving time offences and to a lesser extent concerning service timetable and
duty rosters. Offences against driving time rules now represent the highest number of
infringements. The statistics seem to reflect the increasing pressure on drivers to drive
longer than permitted and to ignore the minimum breaks provided in the Regulation.

The trend in the number of offences detected differs from country to country. In most
of the Member States the number of offences detected has increased (in Denmark,
Finland, Germany, Luxembourg, Portugal, Spain, Sweden and the United Kingdom),
while in some it has decreased (Belgium, France, Ireland, Netherlands). Germany
continues to report by far the highest number of offences detected (80% of all
detected offences), and also has the highest ratio of the total number of offences
detected to the total number of working days checked, indicating a well-targeted
enforcement practice.

The number of enforcement checks also differs this time from country to country. The
number of checks rose again in the majority of Member States; in others, such as
Germany, Luxembourg and Ireland it decreased – as these latter Member States
already easily surpass the minimum checking requirement, this reduction in checks
does not run counter to their current Community obligations. Indeed, from the
statistics provided, all Member States except Portugal now meet the basic standard of
1%, with Denmark, Germany and Spain continuing to maintain an enforcement rate of
over 2%.

Member States have taken various initiatives. France has revised its penalties upwards
quite significantly. Immobilisation as a penalty is being used increasingly both in
France and Germany. The Benelux enforcement agencies have taken several
initiatives to promote a greater exchange of information and achieve a common
understanding of enforcement practice.

3

Working time legislation, when adopted, will provide a complementary element to the
Regulation. Enforcement of these provisions will
lead to the need for a clear
understanding of
interpretation by the enforcement authorities, and the
Commission will seek to promote a common interpretation throughout Member
States.

their

The advent of the digital tachograph also draws nearer. This will provide a basis for
more comprehensive enforcement action. The Commission has now received
responses from the majority of Member States on the issue of uniform and effective
enforcement of the Regulation and intends to draw up a report highlighting the
positive progress achieved in some quarters and the evident disparities between
for
Member States,
improvements may be put forward.

for example in terms of penalties

imposed. Proposals

In summary, the Commission intends to

• Take steps to encourage Member States to improve data provision; and

• Evaluate the effectiveness and uniformity of enforcement practice in a report to be

accompanied by proposals as appropriate.

4

1.

INTRODUCTION

This report, which covers the period 1995-96, is the third in the new series of
Commission reports which exclusively covers Regulation (EEC) No 3820/851. The
information provided has been supplied by the Member States on the standard form,
introduced by the Decision of 22 February 1993 2.

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, in the case of Greece, for different reference periods.
Delays in returns were reduced but only as a result of the threat of infringement
proceedings by the Commission.

However, due to the standard form and the fact that this report is presented in the
same format as the last one, it is easier to compare the statistics with those of the last
period. The report also sets out any initiatives communicated by Member States and
includes the latest developments at Community level.

2.

NATIONAL INITIATIVES

2.1.

Regulatory measures

Austria indicated that it had introduced Regulation (EEC) 3820/85 by means of § 102
11a-11d Kraftfahrgesetz (law concerning vehicles), the Arbeitszeitgesetz (law on
working time) and the Arbeitsruhegesetz (law on rest periods).

In Germany the “Fahrpersonalgesetz” (law concerning driving personnel) was
changed in August 1997 - the regulations relating to fines were transferred to the
“Fahrpersonalverordnung” (regulation about driving personnel). The regulation,
which also sets out national exemptions under Article 13 of Regulation (EEC) No.
3820/85, has been changed following the ratification of the second and third
amendments of the AETR agreement (tachographs instead of a logbook). The
provisions of the Regulation are now also applied to the driving time and rest period
records of vehicles with the maximum authorised weight of between 2.8 and 3.5
tonnes and are enforced in a similar way.

2.2.

Administrative Measures

In Austria, the Labour Inspectorate has brought a total of 891 criminal charges
concerning social regulation in road traffic. Penalties levied total

519,335.

€

In Belgium 8 new inspectors have been engaged to reinforce the enforcement effort.

In Finland the government proposes to include the Customs and Border Guard Service
as an additional enforcement body.

1

2

OJ No L 370, 31.12.1985, p.1
OJ No L 72, 25.03.1993, p.33

5

In France in 1995 and 1996, 158 cases were presented to the commissions for
administrative sanctions for serious or repeated transport infringements, including
working conditions and road safety regulations. The sanctions comprised the
temporary or permanent revocation of some or all of the transport authorisations.
Thus, 385 Community licences and 322 transport authorisations have been
permanently revoked and 229 copies of Community licences and 243 transport
authorisations have been temporarily revoked.

The French Prime Minster signed an inter-ministerial circular on 26 September 1996
aimed at reinforcing the co-ordination and the targeting of checks by enforcement
authorities. The number of enforcement officers was increased by 44, tailored and
continuous training for enforcement staff introduced, computers upgraded and new
traffic measures put in place.

In Germany, fines with a caution were imposed on 9,252 passenger carriers and
198,677 road hauliers. 6,517 passenger carriers and 176,131 road hauliers were
presented with penalty notices. 2,054 passenger carriers and 106,794 road hauliers
were banned from continuing their journey. From this it is evident that the number of
sanctions involving immobilisation has increased considerably.

The Dutch government hosted an informal international expert meeting at the Hague
on 16 and 17 September 1996 to examine the way in which the European Regulations
concerning driving times and rest periods for professional drivers are implemented
and how infringements are punished in the different Member States. The seminar
proved to be a valuable forum for exchanges of views.

In the United Kingdom, there continued to be a heavy emphasis in 1995 and 1996 on
enforcement targeted at particular locations and suspected drivers and operators, in
addition to routine checks for drivers’ hours compliance. Much of this involved
intelligence gathered 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 the information has been recorded. This helps to detect
systematic abuse of the Regulation’s provisions. More statistics are being gathered
relating to the enforcement activities of the police which will help present a fuller
picture of the level of enforcement within the United Kingdom.

3.

PENALTIES

3.1.

Scales

Five Member States (Austria, Denmark, Finland, Ireland and the United Kingdom)
transmitted information about the scale of penalties imposed for infringements of the
Regulation to the Commission. A wide range of fines between Member States is still
apparent. (See Annex A).

In Austria fines vary between

€

37 and

€

2204.

€

€

132 on the haulage operator
In Denmark a fine of
for every offence against the provisions of Council Regulation (EEC) No. 3820/85

53 is imposed on the driver and

6

and 3821/85. However a fine can be imposed which also reflects the type and gravity
of the offence.

In Finland, the sanctions are directed at the driver or employer depending on the
offence in question. Offences are punishable by a ‘daily fine’, which corresponds to
33.3% of a person’s daily income, with social exceptions. The sanction imposed
varies with the offence. Punishment for an offence against regulations on driving and
rest periods varies from 6 to 12 ‘daily fines’. For example, neglecting the use of the
record sheet brings 8 ‘daily fines’, neglecting the regulations on the use of the record
sheets 6 ‘daily fines’, and so on.

In Ireland, the maximum fine is

€

1266 and/or 6 month’s imprisonment.

€

In the United Kingdom, the maximum fines that could have been imposed in 1995/96
for both drivers and those who cause or permit drivers’ hours and tachograph offences
ranged from
6494 fine in Northern Ireland came
into effect on 3 June 1996. In an 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.

6494. The maximum

1299 to

€

€

3.2.

Changes

the regulation concerning major offences has been integrated into
In France,
legislation “loi no. 95-96” from the 1 February 1995. New penalties have been
created; others have been made more stringent in this law: - offences concerning
tachographs attract a more severe penalty with a maximum fine of
30,489 and one
year imprisonment upon conviction. These penalties also apply to offences involving
manipulation of speed-limiters.

€

Decree no. 95-602 of 5 May 1995 also raises the penalties where driving time and rest
period rules have been seriously infringed as well as for some offences regarding the
758, now is meted
use of record sheets. A fine of approximately
out for these offences. Decree no.95-601 of 5 May 1995 raises the penalty for refusing
to immobilise vehicles upon request. The current penalty system will be extended
with the creation of a sanction of administrative immobilisation of vehicles.

1517, instead of

€

€

In Northern Ireland the levels of fines in operation in 1995 and 1996 have been
increased and are contained in the Road Traffic (Northern Ireland) Order 1981 and the
Passenger and Goods Vehicles (Recording Equipment) Regulations (Northern
Ireland) Order 1981 as amended on 3 June 1996 by the European Communities Road
Traffic and Vehicles – Passenger and Goods Vehicles – (Recording Equipment)
Regulations (Northern Ireland) 1996.

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 checks and exchanges of information.

7

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 State as regards the implementation of
the enforcement measures.

Denmark registered 10 co-ordinated checks with other Member States: 7 with
Germany and 3 with Sweden. The checks have been conducted on vehicles chosen at
random crossing into Denmark at the land frontier at Padborg and vehicles chosen at
random arriving from Denmark in the state ports at Helsingør. Each check was carried
out over a period of 8 hours. 1170 vehicles were checked, 222 offences were
recorded, of which 29 constituted offences against Regulation (EEC) 3820/85.
Sweden also confirmed that co-ordinated checks were carried out with its
Scandinavian neighbours.

Luxembourg mentioned that concerted checks have been undertaken regularly with
the neighbouring Member States, for instance with the Benelux Member States,
Germany, France and United Kingdom. The different services of the Member States
agree upon a common date and the organisation of the control. These operations are
made in principal on one day between 3 a.m. and 3. p.m..

In Northern Ireland, examiners carried out three joint enforcement operations with
officials from the Republic of Ireland.

4.2.

Exchanges of information

it had exchanged information with all

Denmark stated that it exchanged information with 11 other Member States. Sweden
noted that
its neighbouring Scandinavian
countries. Luxembourg mentioned that meetings are organised quarterly between the
Benelux States where information was exchanged and common positions developed.
Belgium added that several initiatives have been taken in the framework of Benelux
and also with France and Germany to develop a better exchange of information on
issues such as major offences committed by their own carriers in other Member
States. Currently they were jointly considering methods for a uniform exchange of
information and appropriate sanctions for such companies. Belgium requested that
those initiatives should be co-ordinated by the European Union.

8

Number
of
working days
checked as a
proportion
of
the minimum
of
number
days
be
checked

to

(d/a)

128%

120%*

261%

177%

162%

407%

130%

135%

129%

138%

38%

265%

102%

5.

5.1.

SUMMARY TABLES

Checks: summary

Number of days actually checked as a proportion of the minimum number of
working days to be checked

Member State

- a -

- b -

- c -

- d -

- e -

Minimum
of
number
working days
to be checked

Number
of
working days
checked
(national)

Number
of
working days
checked (non-
national)

Total number
working
of
days checked

Austria (1)

Belgium (2)

Denmark (3)

Finland

France

277,205

675,400

198,000

191,400

296,491

476,387

59,194

332,437

-

355,685

808,824

517,348

339,500

2,505,000

3,534,451

532,742

4,067,193

Germany

3,638,942

9,056,565

5,749,819

14,806,384

Greece

Ireland

Italy

Luxembourg

Netherlands

Portugal (4)

Spain

Sweden

United Kingdom
(5)

587,199

703,361

58,981

762,342

2,589,221

3,187,139

307,476

3,494,615

65,682

538,690

591,250

56,979

661,498

195,641

27,607

82,256

26,350

84,586

743,754

221,991

1,680,000

4,049,034

410,902

4,459,936

400,000

348,187

59,824

408,011

2,008,698

3,347,874

126,305

3,474,179

173%*

Note

(1)
(2)

(3)

(4)

(5)

*

From 1 January 1996 to 31 December 1996
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.
Statistics for checks not disaggregated between nationals/ non-nationals but
overall total (d)
In the Table 5.1 above, as in Tables 3.1 to 3.4 in Annex B, statistics on checks carried out by
the Labour Inspectorate and gendarmerie were not submitted. They therefore represent only a
partial picture of enforcement activity
This figure does not include any enforcement activities carried out by the police.

included in

If the individual country ratio between enforcement checks and offences detected is applied to
the unattributed offences submitted by Belgium and the United Kingdom (see Table 5.2), this
would imply that the overall number of working days checked could total 3,661,350 and
12,876,954 respectively, and would consequently mean that the checking percentage should
be adjusted to 542% for Belgium and 641% for the United Kingdom.

9

5.2.

Offences: summary

Number of offences recorded: Articles 6,7,8 and 14 of Regulation (EEC) 3820/85
Overview by Member State

Member
State

PASSENGERS

GOODS

Total

Nationals

EEC

Third
countries

Total
non-
nationals

Nationals

EEC

Austria

1,859

239

489

Belgium *

Denmark

Finland

France (1)

217

417

67

9

-

284

426

-

3,679

4,146

13,790

2,567

6,227

1,515

Third
countries

Total
non-
nationals

1,627

138

-

5,306

4,284

-

21,239

*7,516

6,716

1,515

45,132

Germany

37,289

4,076

1,029

5,105

691,558

148,275

65,522

210,797

944,749

Greece

Ireland

Italy

404

1,939

Luxembourg

4

Netherlands

1,021

Portugal

598

Spain

Sweden

United
Kingdom **

81,751

729

733

24

99

20

34

66

340

256

20

2

83

1

-

13

-

21

31

26

182

21

34

79

340

277

51

6,376

23,352

121

10,887

5,490

1,333

11,304

214

1,053

434

1,613

250

892

860

1

177

2

71

29

99

73

215

7,021

1,230

26,703

436

582

1,684

13,626

279

991

933

6,446

82,091

3,330

13,021

Note

(1)

*

France does not distinguish between nationals and non-nationals, but between residents and
non-residents. No detailed figures about passenger and good offences.
The following figures on offences detected 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:
Ministry of Finance
Ministry of Employment and Labour: 260

22,260
3,988

Total

26,508

**

The following figure on offences detected has not been included in the Table above, nor in
tables 4.1 – 4.4 in Annex B as it was not suitably disaggregated:- UK police forces: 35,241
(1995-96)

10

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

7

8

14

Driving periods

Breaks

Rest periods

442,157

337,938

330,570

Service
roster

timetable

and

duty

46,268

TOTAL

1,150,218

***excludes undisaggregated figures (Austria – 21,239; Finland – 1,515)

6.

CONCLUSION AND COMMENTS

6.1.

Conclusion and comments by the Member States

Belgium concluded from its statistics that driving time and rest period offences
remain the most important issue for drivers. About 40% of road transport offences
detected concern violations of the provisions of Regulations (EEC) no. 3820/85 and
3821/85. Data for the first semester of 1997 even indicates a further deterioration to
42%. For this reason Belgium is considering raising its level of fines. A draft proposal
for a new law has been circulated to all concerned and, despite delays, it is hoped to
finalise it soon. Belgium pointed out that the number of working days checked has
increased, because 8 new inspectors have been employed.

France reported that the number of checks at the roadside and at the premises of
undertakings and the number of vehicles in 1996 had been drawn up using two
different computer systems and the data used did not cover the same statistical fields.
This has led to an underestimation of the results for 1996. While the number of
vehicles checked at the roadside decreased in 1996 compared to 1995, the number of
working days checked at the roadside and on the premises have both increased by 2%.
The number of working days checked, as a proportion of the minimum number of
days to be checked would as a consequence increase to 163%. In both 1995 and 1996,
75% of the offences detected on the road contravened Regulation (EEC) 3820/85.

Finland advised that checks carried out had made no distinction between goods and
passenger transport. However, these checks have mainly involved goods vehicle
traffic. The number of passenger vehicles checked represented about 5% of the total.
According to their estimates, for every vehicle checked at the roadside three record
sheets have been examined; in checks made on the premises, for every undertaking 10
tachograph discs per driver were examined. Drivers’ nationalities were not recorded
in the course of the checks, but this will be changed for the 1998 statistics. Statistics
from the Mobile Police indicate that there were 670 offences leading to prosecution in
1995 and 845 in 1996. Over and above these offences, in both years there were minor
offences which resulted in a caution but which were not registered. Such offences

11

included, for example, the misuse of or omission to use the period recording switch.
In summary, during the years under review,
the number of inspections clearly
exceeded the minimum level required by Directive 88/599//EEC and the gathering of
information has also become more effective.

Germany pointed out that it has clearly surpassed the 1% minimum standard for
checks. It explained that the relatively high number of checks of non-national drivers
was due to the fact that Germany has probably one of the highest rates of transit in the
EU. The number of vehicles being subject to the Regulation (EEC) No. 3820/85 has
slightly decreased in 1995/96 compared to 1993/94. This is reflected in the number of
checks at the roadside and in the number of working days checked at the roadside.
The number of drivers checked at road hauliers’ premises has slightly increased, but
as regards the premises of passenger transport undertakings and of own account
transport it has decreased. There is a marked increase in the number of offences
detected in relation to driving times and breaks for goods transport but not as regards
passenger transport. The number of immobilisations due to serious offences has
clearly risen. Germany also advocates a re-working of the standard data form for the
Commission biennial report in order to include more details in future reports such as
offences against Regulation (EEC) 3821/85, and information exchanges collaboration
between Member States.

The Netherlands pointed out that its enforcement policy emphasises prevention rather
than punitive measures. The enforcement authorities mount a visible presence rather
than issue “on the spot” fines. In the period under review the RVI (Netherlands
National Transport Inspectorate) continued to develop preventative methods to
promote compliance with the Regulation. The objective is to reach the best possible
agreement with transport entrepreneurs on how they make provision within their
companies for compliance. Failure to act in accordance with these agreements is a
criminal offence. Within this framework, every undertaking is inspected at least once
within an agreed period. If in the course of such checks serious violations are
recorded, penalties are imposed immediately. If during roadside checks, violations are
detected for which an official report has to be drawn up, immediate enforcement
action is taken. Data based on such violations is subsequently used to carry out
targeted checks on transport companies.

Portugal expressed the hope that it would be in a position to reach the minimum level
of the checks prescribed by the Directive 88/99/CEE for the period 1999-2000,
leaving aside checks carried out by the Labour Inspectorate and Gendarmerie.

The United Kingdom indicated that this was the first time that data on checks carried
out by the Police service in the UK has been available for inclusion in its return, as
previously any Police data had been difficult to obtain. Nevertheless, the police data
represents the true scale of their enforcement of drivers’ hours compliance in the UK
as a number of individual forces do not as yet record data – or at least if they do, it is
not in a form which is compatible with the standard report form. The police statistics
are only noted in an annex to the UK submission that could not be taken into account
in the standard form. The true extent of drivers’ hours enforcement is consequently
underestimated.

None of the other Member States made any comments under this heading.

12

6.2.

Conclusions and comments by the Commission

Regulation (EEC) No. 3820/85 continues to provide a common Community standard
for setting maximum driving times and rest periods for road transport operators. Its
implementation within the Member States can play a vital role in enhancing road
safety, transport efficiency and fair competition within the Union. However the
Commission is aware that Member States have differing perceptions about how to
implement this legislation. Checks are carried out with varying degrees of frequency
and intensity, often by differing authorities acting under separate national rules.
Infringements are penalised with differing degrees of severity. In some Member
States several enforcement authorities may provide partial data for the Commission’s
report, instead of all the information being co-ordinated and compiled in the standard
form, which renders an accurate comparison more difficult.

Moreover, the Commission recognises the continuing potential for circumvention of
the current recording equipment and the need for greater co-operation between
Member States to ensure a co-ordinated approach to enforcement. For that reason it
convened a two-day meeting of national experts in October 1995 to facilitate an
exchange of views on aspects of the interpretation and enforcement of the Regulation
which proved to be highly informative. The Karolus programme, which facilitates
exchanges between officials in Member States, was also used to promote further
understanding between national enforcement authorities.

Belgium and Luxembourg continue to detect many more offences among non-
nationals than among nationals. However an equal number of non-nationals and
nationals are checked so there appears to be no discrimination between nationals and
non-nationals in enforcement practice. The Commission will continue to monitor the
situation in all Member States.

6.2.1.

Lack of data remains a problem

A lack of timely, detailed and sufficiently comprehensive data from Member States
continues to hinder an overall comparison. The reasons vary from country to country.
For this report Greece was the only Member State that did not make a return in the
given format. Its statistics also comprise two year totals for interim years which
cannot be broken down and then reassembled for the two consecutive years covered
by the report. The Commission has reluctantly had to open infringement proceedings
against Greece to resolve this issue. Austria and Italy, which did not provide any data
last time, made a return for this period, although the return for Austria covered only
1996. The two other latest Community entrants, Finland and Sweden, which provided
incomplete data last time, have forwarded a more comprehensive return for the
current period 1995-1996.

Some Member States continue to provide total numbers only - returns are still not in a
uniform format. As regards offences under Articles 6, 7, 8 and 14 of Regulation
(EEC) 3820/85, Finland and Austria have not yet managed to provide detailed data,
instead forwarding a total number for each type of offence that could only be included
in the general statistics. In addition, France does not distinguish between nationals and
non-nationals, but between residents and non-residents, which may nuance any
comparisons.

13

The Belgian and Portuguese competent authorities continue to provide a piece-meal
return which means a smaller comprehensive figure in terms of checks and offences
detected being ascribed to them and in so doing probably masks the overall level of
enforcement activity carried out. The United Kingdom has also indicated that its
police forces undertake significant enforcement work and hopes to be in a position to
forward full statistics on these activities in the near future.

6.2.2.

The minimum standard of checks has been reached by most of the Member
States

The overall number of enforcement checks continues to rise within the EU. Within
this overall picture there are differences between Member States. Some, such as
France, Portugal and Spain, recorded a further increase, while for others enforcement
levels stayed largely the same, while for a few, such as Germany and Luxembourg,
there was a decrease in activity, although enforcement operations continued to be
significantly above the minimum number required.

In general, data from Portugal indicates an upward trend. The result is that, on the
summary statistic of the number of working days checked as a proportion of the
minimum number of days to be checked, Portugal increased the number of checks.

Ireland has a much higher number of vehicles being subject to Regulation. Thus, the
total number of days worked has risen sharply and consequently the minimum number
of checks required has also risen, but enforcement has not kept pace with this
development. Therefore, the number of working days checked as a proportion of the
minimum number of days to be checked turned out to be 1.30 %, as opposed to 3.86
% in the 1993-1994 report.

In general, most Member States easily surpassed the basic standard of 1 %. Denmark,
Germany and Spain still attain an enforcement rate of over 2%, as in 1993-1994, with
Germany maintaining the highest Union percentage of checks with over 4%.

It is also significant to note that the new Member States were able to raise the level of
checks from under 1% in 1993-1994 to over 1% now (Finland from .44% to 1.78%;
Sweden from .13% to 1.02%; Austria to 1.28%). And Belgium despite only
forwarding partial data also increased its checking rate from 0.66% to 1.20%.

Consequently, all Member States bar Portugal increased their percentage of checks
carried out over the basic standard of 1%. Despite a request to include the statistics
from all the Portuguese enforcement bodies in their return, this was not forthcoming.
The lack of a single body to co-ordinate all of Portugal’s national statistics may mask
an underlying compliance with the Directive’s minimum requirements. Indeed,
Portugal has indicated its intention to meet the minimum enforcement rate of 1% by
1999, but this may only be based on the statistics of one of the enforcement bodies.

6.2.3.

The number of offences against rest periods decreased, while all the others
increased.

There has been a rise in the number of offences against Article 6 (Driving periods),
Article 7 (breaks) and Article 14 (Service timetable and duty roster). Driving time
offences have remained a constant and significant proportion (38%) of total offences

14

detected and have even increased (34% in 1993-1994). For this period, the number of
driving time offences surpasses those concerning rest periods and now represents the
category with the highest number of infringements. Offences detected against breaks
have continued to rise and now form 29% of the total and offences relating to the
service timetable and duty roster return to their former percentage of 4% of the total
offences detected.

It should be recognised that more Member States have provided data on these
offences. However it still is significant that the number of offences detected relating
to Article 8 (rest periods) has decreased from 39% in 1993-1994 to 29% for 1995-
1996. This is not due to a general decline in the number of offences detected in
Member States - some countries have even recorded increases like Denmark and
Portugal - but reflects developments in the sector. The figures seem to indicate a
greater pressure in the road transport sector for drivers to drive longer than permitted,
despite the flexibility already provided in the Regulation.

6.2.4.

In most of the Member States the number of offences detected has increased

In most Member States the total number of offences detected has increased, as in
Denmark, Finland, Germany, Luxembourg, Portugal, Spain, Sweden and in the
United Kingdom. In others it has decreased (Belgium, France, Ireland, Netherlands).

This result can be due to different factors. Firstly it may reflect a real increase in the
number of offences committed; secondly it may also indicate a more targeted effort on
the part of the enforcement authorities; finally it may in some instances simply
indicate a better collection and collation of statistics. Nonetheless it paints a disturbing
picture of an increasing disrespect for the rules and the need for a more significant
enforcement effort.

An examination of the figures submitted by the Member States reveals the following:
amongst the Member States where offences increased, in Germany and Luxembourg
the total number of days worked did not increase. Fewer checks were carried out but
more offences were detected. Thus, in the absence of a reported major shift
in
enforcement targeting strategy, the rise in the number of offences detected here
appears to reflect primarily an overall increase in offence rates. In returns from six
Member States (Denmark, Finland, Portugal, Spain, Sweden and the United
Kingdom) the total number of days worked increased. Bar Finland, these Member
States also undertook more checks and uncovered a much larger number of offences.
This increase reflects not only more intensive enforcement efforts, but also a general
rising trend in offences rates. In Finland, by contrast, an increase in checks did not
lead to a concomitant rise in offences detected.

In the Member States in which the number of offences have decreased (Belgium,
France and Ireland), Belgium and France increased the total number of days worked
to be checked as well as the number of their enforcement operations. These factors
may indicate a comparative decline in offence rates. The Netherlands reported a
decrease in the number of days worked, the number of checks carried out and offences
detected. The Dutch put the decrease in offences detected down to a success in their
particular preventative sectoral enforcement measures.

15

In general, there appears to be an overall increase in offences detected throughout the
Union. An intensification or reduction in the number of checks does not automatically
lead to a corresponding rise or fall in the number of offences detected. While this may
in some instances reflect the deterrent effect of more frequent enforcement activities,
is evident that in a large proportion of Member States increased enforcement
it
activity is helping to highlight a growing problem. The need for more effective and
uniform enforcement throughout the Union is an issue that the Commission intends to
address in its forthcoming report to the Council on this issue.

6.2.5.

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. Germany and Austria were the most successful with 6.4 and 6
offences detected respectively for every 100 working days checked. They were
followed by Italy (3.8 offences), Spain (1.9) and the Netherlands (1.8 offences). In
some other Member States the detection levels were below 1 offence per 100 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 best practice throughout
the Union.

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 mid 1998.

In its ruling of the 30 April 1998, Clarke & Sons and Ferne, Case C-47/97, Rec. 1998,
p.I-2147, the Court established that a passenger transport service, supplied on a
number of occasions pursuant to a block reservation made by a tour operator and
providing for a single journey from an airport to a hotel with a stop, on occasions at a
tourist attraction, where the precise route to be taken is not predetermined, does not
constitute a ‘regular service’ within the meaning of Article 4(3) of the Regulation.
Consequently, such services cannot claim exemption from the provisions of the
Regulation. The Court considered what constituted a ‘regular service’ by reference to
Article 2(1) of Regulation (EEC) No 684/923. The main factors to be considered
should be that the service is open to all; provides for the carriage of passengers at
specified intervals along specified routes; has a degree of regularity in the service
exemplified in the provision of a timetable; and is not dependent on reservations made
by customers but is predetermined by the transport undertaking.

In Sjöberg, Case C-387/96, Rec. 1998 p. I-1225, the Court ruled that the exception in
respect of vehicles used by public authorities to provide public services which are not
in competition with professional road hauliers, provided for in Article13(1)(b) of the
Regulation does not apply to vehicles belonging to an undertaking which is wholly
owned by a public authority and which operates a public passenger service under a
contract granting it an exclusive right for a specified period following a call for
the
competing tenders. While the Court recognised the Commission’s view that

3

OJ No L 74, 20.3.1992, p.1

16

essential consideration was the absence of competition during the period of the
contract, it ruled against the Commission’s view, considering that the exemptions
should be interpreted narrowly to respect the aims of the Regulation - road safety and
no distortion of competition. Absence of competition with professional transport
operators, in the Court’s view, should be seen not only during performance of the
contract, but also at the time when the exclusive right to operate a public service is
granted. The Court has therefore clarified the notion of vehicles used by public
authorities to provide public services which are not in competition with professional
transport operators to mean only vehicles for which no element of competition occurs
not even prior to the granting of a contract.

6.2.7. Digital tachograph implementation draws nearer

Council Regulation (EC) No. 2135/984 was adopted by the Council on 24 September
1998. It amends Regulation (EEC) 3821/85 on recording equipment and Directive
88/599/EEC concerning the application of Regulations (EEC) 3820/85 and (EEC) No
3821/85. In so doing it paves the way for the introduction of the new digital
tachograph. A Committee on the Adaptation of the Tachograph has been constituted,
comprising representatives of the Member States, enforcement bodies, the social
partners and manufacturers to draw up the specifications of the new tachograph. Once
these have been agreed and are published in the Official Journal, 24 months later
vehicles put into service for the first time must be fitted with the new recording
those goods and passenger vehicles having a maximum
equipment. In addition,
weight exceeding 12 and 10 tonnes respectively and which were registered for the
first time from 1 January 1996 shall, in so far as the transmission of signals to their
recording equipment is exclusively electrical, fit the digital tachograph when their
equipment needs replacement. Member States will ensure that they are in a position to
issue driver cards no later than 21 months following the date of publication of the
specifications.

The Committee is close to finalising its views on the specifications and it is hoped that
these will be agreed by the end of 1999.

6.2.8.

Exchange of views on enforcement

Several meetings of national experts were arranged to discuss and exchange views on
the implementation of the Regulation and more recently in connection with the digital
tachograph. During these meetings, national experts identified various differences of
opinion between Member States in the interpretation and enforcement of the
Regulation’s provisions. The Commission has taken note of the diverging views and
the desire to promote a harmonised approach. The Commission has been encouraged
by the constructive dialogue that has taken place and intends to address these concerns
initially within its forthcoming report
to the Council on effective and uniform
enforcement.

4

OJ No L 274, 9.10.98, p.1

17

6.2.9.

Introduction of working time for the road transport sector

On 18 November 1998 the Commission published a package of measures (COM
662/98 final)5 designed to bring those sectors and activities currently excluded from
the general working time directive6 within its scope. Within the road transport sector,
non-mobile workers are to be included within the provisions of the general directive,
while mobile workers,
including self-employed drivers, are to be covered by a
separate directive.

In its White Paper, the Commission had originally envisaged incorporating working
time within the Regulation but since then it took on board the reservations of the
Member States; the reluctance of the employer’s federation; the desirability of a
broader range of activities to be regulated; the diversity of arrangements in Member
States and the need to recognise subsidiarity – for these reasons a separate directive
was proposed. The Commission proposal envisages the working time rules operating
in a supplementary way to the basic rules on driving times and rest periods contained
in the Regulation.

The Parliament at first reading endorsed the Commission’s proposal and advocated
stricter rules7. The Economic and Social Committee did likewise8. At the time of
drafting this report, the debate in the Council is continuing, but progress has been
limited.

6.2.10. Final comments

Effective application of the rules on driving times and rest periods is in everyone’s
interest. The Commission continues to encourage all Member States to take co-
operative initiatives promoting exchanges of information and personnel as well as
undertaking joint exercises. This can only enhance enforcement practices and
contribute to a better understanding of the application of the Regulation.

The Commission is currently drawing up a report to the Council on the effective and
uniform enforcement of the Regulation, based on input from the Member States,
which may contain proposals to improve enforcement. The coming introduction of the
digital tachograph should be the first step in a more systematic and wide-ranging
review of enforcement standards and practice.

5

6

7

8

OJ No C 43, 17.2.99, p.1
OJ No L 307, 13.12.93, p.18
OJ No C 279, 1.10.99, p.270
OJ No C 138, 18.5.99, p.33

18

Member State

Type of penalty

Annex A

Austria

Belgium

Denmark

Finland

France

Ireland

Italy

Netherlands

Spain

Minor Offences
€

€

37

62

€

Serious offences
€

2,204 or up to 6 weeks in prison.

€

248
€

Fine of at least
depending on the nature and gravity of the offence.

53 for the driver and

132 for the company, the amount

Fines are related to income: a ‘one day’ fine represents 33.3% of a person’s
daily income, with social exemptions. Offences are punishable using this daily
fine criterion; the number of ‘daily fines’ imposed reflects the severity of the
offence. The average penalty for an infringement of these rules is

120-137

€

€

€

1517 maximum.

16 minimum.

The law 95-96 of 1 February 1995
created new offences and raised the
penalties for others.

€

Severe infringements may attract a
30,489 and one year
fine of up to
imprisonment
€

and/or

six months

1,266
imprisonment
€

4,447

€

There are set fines for each breach of a provision of the Regulation ranging
from
€

45 - 1,365

€

30-284

284 - 1,388 (First Category)

€

1,388-2,414 (Second Category)

Sweden

Fines range from

€

139 to

€

231.

United Kingdom

€

1,299 (Level 3) to

Maximum fines for drivers and those
who cause or permit driver’s hours
and tachograph offences range from
€
6494 (Level 5).
Northern Ireland now also has the
6,494. In
same maximum penalty of
addition to a fine,
the offences of
falsifying a chart and altering or
forging a seal on a tachograph carry a
penalty
years
imprisonment.

two

up

of

to

€

Note

Entries for Belgium, Italy, Spain and Sweden are based on figures supplied by national experts from
these countries in 1995. Data for other Member States was not supplied.

19

ANNEX B

Statistical data

1.

2.

Reference period
From 1 January 1995 to 31 December 1996.

Calculation of minimum checks to be carried out
(Article 2 of Directive 88/599/EEC)9

Member State

Austria (1)

Belgium

Denmark

Finland

France

Germany

Greece

Ireland (2)

Italy

Luxembourg

Netherlands (3)

Portugal

Spain

Sweden

United Kingdom

Number of days
worked per driver
during the
reference period.

Total number of
vehicles subject to
Regulation (EEC)
No. 3820/85

(annual average)

-a-

- b -

240

440

440

440

480

480

460

390

450

500

430

480

400

464

115,502

153,500

45,000

43,500

521,875

758,113

127,652

663,903

14,596

107,738

137,500

350,000

200,000

432,909

Total number of
days worked

Minimum checks
(1% of c)

a x b

- c -

27,720,480

67,540,000

19,800,000

19,100,000

250,500,000

363,894,240

58,719,920

258,922,170

6,568,200

53,869,000

59,125,000

168,000,000

40,000,000

200,869,776

- d -

277,205

675,400

198,000

191,000

2,505,000

3,638,942

587,199

2,589,221

65,682

538,690

591,250

1,680,000

400,000

2,008,698

Note

(1)
(2)

(3)

From 1 January 1996 to 31 December 1996
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 Council
Regulation (EEC) No. 3820/85. However there is no breakdown of figures available.
The Netherlands explained that the number of vehicles specified at (b) is lower than shown in
the survey for 1993-94. A substantial increase in that period (as compared with 1991-92) is
presumably the result of the substantial increase in the number of licensees for whom it was at
the time insufficiently clear whether they were using vehicles to which the provisions of the
Regulation were applicable. The figures specified in 2 (c) and 2 (d), which are also smaller,
are directly connected with this.

9

OJ No L 325 29.11.88. p. 55

20

3.

3.1

Checks

Number of checks at the roadside

Member State

Type of operation

EEC

Third
countries

Total
nationals

non-

Nationals

other Member
States

Austria (1)

Belgium

Denmark

Finland

France (5)

Germany

Greece

Ireland

Italy

Luxembourg

Netherlands

Portugal

Spain

Sweden

United
Kingdom

Note

carriage of passengers
carriage of goods
total number (2)
carriage of passengers
carriage of goods

carriage of passengers
carriage of goods
total number (4)
carriage of passengers
carriage of goods
total number (4)
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 (2)
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 (2)
carriage of passengers
carriage of goods
carriage of passengers
carriage of goods
total number (2)
carriage of passengers
carriage of goods

792
6398
45,758
5,294
73,689

(3)

121,600

68,000
23.802
466.591
221,005
3,571,455

9,634
42,663
55,090
71,268
825,245
489
6091
3,906
90,683
13,869
86,020
123,977
297,521
1,120,603
4,969
92,948
98,476
66,678
437,298

11
597
10,119
6,235
76,734

-

55
3,006
7,794
135
2,445

327

-

80,713
1,915,614

108,365
2,073,170

1,795
5,056
7,383
13,450
107,403
443
7901
1,311
32,558
2,127
10,319
15,251
50,424
177,198
715
15,988
16,744
3,862
26,189

273
284
804
1,439
10,557
46
155
139
7,120
193
1,040
1,442
7,669
19,455
181
2,793
3,001
650
3,039

66
3,603
17,913
6,370
79,179

11,242
132,820
189,078
3,988,784

11,702
48,003
63,277
14,889
117,960
489
8,056
1,450
39,678
2,320
11,359
16,693
58,093
196,653
896
18,781
19,745
4,512
29,228

(1)
(2)

(3)
(4)
(5)

From 1 January 1996 to 31 December 1996
This total includes statistics for vehicles for which no differentiation between goods and
passengers was provided.
EEC total, including nationals.
Where the Member States were unable to supply more detailed figures.
France does not distinguish between nationals and non-nationals, but between residents and
non-residents.

21

3.2

Number of drivers checked at premises of undertaking

Member State

Austria (1)

Belgium

Denmark

Finland

France

Germany

Greece

Ireland

Italy

Luxembourg

Netherlands

Portugal

Spain

Sweden

United Kingdom

Carriage
passengers

of

Carriage of goods

Carriage on own
account

Carriage for hire
or reward

801

106

-

12,739

26,384

455

794

632

4,690

4,757

18,510

445

7,274

9,372

3,906

-

11.000 (2)

110,041

112,180

3,162

56

3,467

23,966

6,927

399

119,313

-

5,357

2,174

2,893

9,242

9,876

62,272

1,295

34,310

2,264 (3)

3,447 (3)

44

2,832

-

9,538

37

4,938

58

6,410

-

71,244

726

28,882

Note

(1)
(2)
(3)

From 1 January 1996 to 31 December 1996
Total number provided.
This number does not include 101 carriages, where differentiation between carriage on own
account and carriage for hire or reward could not be provided.

22

3.3

Number of working days checked at the roadside

Member State

Type of transport

Austria (1)

Belgium

Denmark

Finland

France (5)

Germany

Greece

Ireland

Italy

Luxembourg

Netherlands

Portugal

Spain

Sweden

United
Kingdom

Note

carriage of passengers
carriage of goods
total number (2)
carriage of passengers
carriage of goods
carriage of passengers
carriage of goods
total number
carriage of passengers
carriage of goods
total number (4)
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 (2)
carriage of passengers
carriage of goods

carriage of passengers
carriage of goods
total number (2)
carriage of passengers
carriage of goods

Third
countries

Total non
nationals

EEC

Nationals

2,339
19,307
133,855
15,387
254,982

other member
states
33
2,337
35,849
24,104
297,721

(3)

484,364

171
8,977
23,345
564
10,048

1,020

221,000
75,743
1,587,879
411,473
6,792,922

3,134
50,959
236,309
2,763,763
1,159
18,912
7,812
181,366
24,304
123,748
155,949
445,552
1,713,091

14,051
287,734
302,825
180,639
1,553,063

-

-

119,627
3,008,370

123,672
2,498,150

608
4,068
70,082
195,622
988
26,083
2,622
65,116
3,829
11,928
21,779
78,948
287,414

2,173
47,547
49,841
18,046
91,179

104
108
4,789
36,983
105
431
278
14,240
1,316
2,401
4,571
13,848
30,692

580
9,323
9,983
3,445
13,635

204
11,314
59,194
24,668
307,769

-
37,681
495,061
243,299
5,506,520

3,846
55,135
74,871
232,605
1,093
26,514
2,900
79,356
5,145
14,329
26,350
92,796
318,106

2,753
56,870
59,824
21,491
104,814

(1)
(2)

(3)
(4)
(5)

From 1 January 1996 to 31 December 1996
This total includes statistics for vehicles for which no differentiation between goods and
passengers was provided.
EEC total including nationals
Where the Member States were unable to supply more detailed figures
France does not distinguish between nationals and non-nationals, but between residents and
non-residents.

23

3.4

Number of working days checked at premises of undertaking.

Member State

Austria (1)

Belgium

Denmark

Finland

France

Germany

Greece

Ireland

Italy

Luxembourg

Netherlands

Portugal

Spain

Sweden

United Kingdom

Carriage
Passengers

of

Carriage of goods

Carriage on own
account

Carriage for hire
or reward

12,619

5,463

5,115

233,789

401,801

37,068

36,359

3,222

187,600

852

293,693

10,286

320,065

150,017

200,555

26,849

118,500 (2)

1,637,040

1,450,369

612,200

150,708

33,686

284,720

38,840

1,596,698

35,076

1,294,107

38,287

124,002

38,297

259,196

1,832,532

-

258,129 (3)

391,078 (3)

5,910

489

28,320

-

222,437

271

187,633

337,095

15,841

256,400

-

1,667,954

23,483

1,097,522

Note

(1)
(2)
(3)

From 1 January 1996 to 31 December 1996
Total number provided.
This number does not include 61 carriages, where differentiation between carriage on own
account and carriage for hire or reward could not be provided.

24

4.

Offences

Number of offences recorded.

4.1

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

Member

Type of

PASSENGERS

GOODS

State

Offence

nationals EEC

Third
countries

total non-
nationals

nationals EEC

third
countries

total
non-
nationals

PASSENGERS
AND GOODS
nationals

non-
nationals

Austria (1)

Belgium

Denmark (2)

Finland (1)

France (3)

Germany

Greece

Ireland

- 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

79
-
-

146
-
-

}
} 10
}

-
-
-

146
-
-

1,715
-
-

2,340
2
-

}
} 617
}

69
-
-

2,409
2
-

1,794
-
-

2,555
2
-

10,780
1,288
528

931
17
14

55
18
13

4
2
1

593
6
2

1
0
0

11,381
131

1,524
23
16

260,244
6,525
3,086

58,070
426
39

24,598
1,378
3,347

82,668
1,804
3,386

271,024
7,813
3,614

5,856
57

84,192
1,827
3,402

5
2
1

1,756
43
144

43
17
13

-
-
-

43
17
13

1,811
61
157

48
19
14

25

Member

Type of

PASSENGERS

GOODS

State

Offence

nationals EEC

Third
countries

total non-
nationals

National
s

EEC

third
countries

Italy

Luxembourg

Netherlands

Portugal

Spain

Sweden (2)

United
Kingdom

- 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
(4)
- fortnight

579
215
34
-
-
-
19
-
-
258
-
-
23,843
41
323

29
17
1
1
-
-
12
-
-
16
-
-
97
-
-

}
} 156
}

}
} 59
}

}
} 8
}

44
-

7

2
-

1

51
3
-
-
-
-
-
-
-
6
-
-

2
-

1

}
} 67
}

80
20
1
1
-
-
12
-
-
22
-
-
97
-
-

4
-

2

8,760
954
854
54
-
-
2,915
-
89
2048
7
-

404
26
63
176
-
-
781
-
-
99
-
-

}
} 638
}

}
} 274
}

}
} 31
}

1,427
-

43

172
-

8

76
6
-
-
-
-
27
-
-
11
-
-

4
-

0

(1)
(2)
(3)
(4)

No disaggregated figures provided
Total number of driving period offences without distinction.
France does not distinguish between nationals and non-nationals, but between residents and non-residents.
Six days maximum driving period offences included within weekly rest period.

total
non-
nationals
480
32
63
176
-
-
808
-
-
110
-
-

PASSENGERS
AND GOODS
nationals

non-
nationals

9,339
1,169
888
54
-
-
2,934
-
89
2,306
7
-
23,843
41
323

560
52
64
177
-
-
820
-
-
132
-
-
97
-
-

}
} 305
}

}
} 794
}

}
} 372
}

176
-

8

1,471
-

50

180
-

10

26

4.2

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

Member
State

Type of
offence

PASSENGERS

nationals EEC

GOODS

third
countries

total non-
nationals

nationals EEC

third
countries

total
non-
nationals

PASSENGERS AND
GOODS
nationals

non-
nationals

Austria (1)

Belgium

Denmark (2)

Finland (1)

France (3)

Germany

Greece

Ireland

Italy

- 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
- driving for more than
4.5 hours without a break
- breaks too short

7
5

8
9

145

-
-

8
9

210
146

385
111

2,500

14
2

399
113

217
151

407
122

6,233
6,134

494
140

113
132

607
272

108,838
112,291

27,069
17,015

9,091
3,627

36,160
20,642

115,071
118,425

36,767
20,914

6,898

2,869

719
532

7,108
1,783

89
38

242
107

-
1

47
9

89
39

289
116

851
573

7,739
1,920

97
43

328
121

132
41

631
137

8
4

29
2

-
-

10
3

8
4

39
5

27

Member
State

Luxembourg

Netherlands

Portugal

Spain

Sweden

United
Kingdom (4)

Type of offence

PASSENGERS

GOODS

nationals EEC

third
countries

total non-
nationals

nationals EEC

third
countries

total
non-
nationals

PASSENGERS
AND GOODS
nationals

non-
nationals

- 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

4
-

110
-

69
6

10,611
-

134

208

-
8

2
-

21
3

46
-

35

-

-
-

-
-

3
-

6

-

-
-

2
-

24
3

46

41

36
-

1,255
-

1,942
457

233

-

6,025

157
14

68
-

89
22

97

78

-
1

1
-

11
2

24

2

157
15

69
-

100
24

40
-

1,365
-

2,011
463

10,611

157
23

71
-

124
27

46

121

367

162

80

6,233

80

(1)
(2)
(3)
(4)

No disaggregated figures provided.
Total number provided.
Total number of break offences provided. France does not distinguish between nationals and non-nationals, but between residents and non-residents.
The ‘breaks too short’ offences are included in statistics for ‘driving for more than 4,5 hours without break’.

28

4.3

Article 8 of Regulation (EEC) No 3280/85: rest periods

PASSENGERS

GOODS

Member

Type of

State

offence

nationals EEC

third
countries

total non-
nationals

nationals EEC

third
countries

total non-
nationals

nationals

non-
nationals

PASSENGERS
AND GOODS

43

18

26

25

333
(3)

3

-

29

25

495

1,292

1

16

53

-

1,345

16

538

19

1,374

41

3,110
(3)

Austria (1)

- daily

- weekly

Belgium

- daily

- weekly

Denmark

- daily

- weekly

Finland (1)

- daily

- weekly

France (2)

- daily

- weekly

Germany

- daily

10,365

2,454

- weekly

1,780

14

Greece

Ireland

Italy

- daily

- weekly

- daily

- weekly

- daily

- weekly

70

7

196

62

1

1

20

1

170

8

-

-

15

1

2,624

194,108

43,111

20,452

63,563

204,473

66,187

22

6,466

2,545

29

2,574

8,246

2,596

11,921

175

5,342

126

1

1

35

2

3,058

124

2,668

1,225

14

-

188

23

-

-

31

8

14

-

219

31

3,128

131

2,864

1,287

15

1

254

33

29

Member
State

of

Type
Offence

PASSENGERS

GOODS

PASSENGERS
AND GOODS

nationals EEC

third
countries

total non-
nationals

nationals EEC

third
countries

total non-
nationals

nationals

non-
nationals

Luxembourg

- daily

- weekly

Netherlands

- daily

- weekly

Portugal

- daily

Spain

- weekly

- daily

- weekly

Sweden

- daily

United
Kingdom

- weekly

- daily

- weekly

-

-

892

-

124

29

1,969

241

276

291

173

-

1

19

-

11

3

-

-

152

15

2

-

-

-

-

3

1

6

27

1

28

3

82

5

6,616

764

13

979

57

-

33

7

-

1

19

-

14

4

-

-

158

462

521

42

3

2,662

1,147

458

144

-

-

43

-

3

2

44

52

15

82

5

28

3

807

7,508

-

36

9

565

510

159

13

1,103

86

1,969

241

738

2,953

1,320

82

6

826

-

50

13

-

-

723

552

162

Note

(1)
(2)
(3)

No disaggregated figures provided
France does not distinguish between nationals and non-nationals, but between residents and non-residents
Daily and weekly rest periods offences together.

30

4.4

Article 14 of Regulation (EEC) No. 3820/85: Service timetable and Duty roster.

Member State

Austria (1)

Belgium

Denmark

Finland (1)

France (2)

Germany

Greece

Ireland

Italy

Luxembourg

Netherlands

Portugal

Spain

Sweden

United
Kingdom

Type
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

of

Nationals

EEC

Third
countries

Total
nationals

non-

}
} 1 (3)

}
} 274 (3)

-

87

56

125

68

-
68

17
-

-
-

-
89

23
12,939

31,784
57

106
-

10

-

203

-

2

10

3

-
-

-
-

10
1

-
5

7
40

157
3

7
-

-

-

6

-

1

4

-

1
-

-
-

1
-

-
-

-
-

-
-

1
-

-

}
} 102 (3)

-

209

-

3

14

3

1
-

-
-

11
1

-
5

7
40

157
3

8
-

-

(1)
(2)

No disaggregated figures provided
France distinguishes between residents and non-residents, not nationals and non-nationals

31