Report from the Commission on the implementation in 1997-1998 of Regulation (EEC) 3820/85 on the harmonisation of certain social legislation relating to road transport (20th Report from the Commission on the implementation of the social legislation relating to road transport)
Date: 2001-12-14
Institutions: European Commission
Subjects: drivers, road transport, traffic control, working conditions

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 14.12.2001
COM(2001) 767 final

REPORT FROM THE COMMISSION

on the implementation in 1997-1998 of Regulation (EEC) 3820/85 on the
harmonisation of certain social legislation relating to road transport

(20th report from the Commission on the implementation
of the social legislation relating to road transport)

REPORT FROM THE COMMISSION

on the implementation in 1997-1998 of Regulation (EEC) 3820/85 on the
harmonisation of certain social legislation relating to road transport

(20th report from the Commission on the implementation
of the social legislation relating to road transport)

Contents

Executive Summary……………………………………………………………… p. 3
1.
Introduction………………………………………………………………… p. 5
2. National initiatives

5.

4.

6.

3.

p. 8
p. 8

2.1 Regulatory measures………………………………………………….
p. 5
2.2 Administrative measures……………………………………………... p. 6
Penalties
Scales………………………………………………………………… p. 6
3.1
3.2 Changes……………………………………………………………… p. 7
Relations and co-operation between Member States
4.1 Concerted checks……………………………………………………..
4.2 Exchange of information……………………………………………..
Summary Tables
5.1 Checks: summary…………………………………………………….. p. 9
5.2 Offences: summary…………………………………………………...
Conclusion and comments
6.1 Conclusion and comments by Member States………………………..
6.2 Conclusion and comments by the Commission…………………........
Annex A Table of penalties…………………………………………………….
Annex B Summary of data received from Member States
1.
2.
3.

Reference period…………………………………………………………… p. 20
p. 20
Calculation of minimum checks to be carried out………………………….
Checks
p. 21
3.1 Number of checks at the roadside…………………………………….
3.2 Number of drivers checked at the premises of undertaking………….
p. 22
3.3 Number of working days checked at the roadside…………………… p. 23
3.4 Number of working days checked at the premises of the undertaking
p. 24
Offences: number of offences recorded
p. 25
4.1 Article 6 of Regulation (EEC) No 3820/85: driving period………….
4.2 Article 7 of Regulation (EEC) No 3820/85: breaks………………….. p. 27
4.3 Article 8 of Regulation (EEC) No 3820/85: rest periods…………….. p. 29
4.4 Article  14  of  Regulation  (EEC)  No  3820/85:  service  timetable  and
duty roster…………………………………………………………….

p. 11
p. 13
p. 19

p. 31

p. 10

4.

2

EXECUTIVE SUMMARY

This  report  sets  out  trends  and  statistics  covering  the  Member  States’  inspections  and
enforcement activities during the period 1997-1998 in relation to the provisions of Regulation
(EEC) No 3820/85 on driving time, rest periods and breaks. The present report is based on the
statistics provided by the Member  States and includes their views  on the  implementation of
the Regulation.

All Member States submitted data to the Commission for the current period. Some did so only
following the threat of infringement proceedings. Greece, whose data could not be included in
the last report, provided incomplete information. By contrast Austria, which made a return of
partial data  for  the  previous  report,  supplied  complete  statistics.  In  general,  there  was  some
progress  in  providing  data  in  the  standard  form  and  in  giving  more  detailed  information,
although some Member States still give total figures  and their returns  are not uniform. This
has  delayed  the  compilation  of  the  report  and  has  also  limited  an  early  and  effective
comparison of the statistics.

The  information  received  reveals  that  the  overall  number  of  enforcement  checks  has  risen
within the EU. Most of the Member States increased the number of these checks, nevertheless
data  provided  by  Denmark,  Germany,  and  Luxembourg  show  an  overall  reduction  in  the
number  of  working  days  checked.  Checks  carried  out  at  the  premises  of  undertakings  have
also generally risen. By contrast, in most of the Member States the number of checks carried
out at the roadside has decreased.

Enforcement  operations  continued  to  be  mostly  above  the  minimum  number  required.  Only
two  countries  did  not  meet  the  checking  rate  of  1%:  Portugal  and  Luxembourg,  where  the
checking rate fell beneath the minimum level in the years 1997-1998. In general, most of the
Member  States  easily  surpassed  the  basic  standard  of  1%  with  Ireland,  Spain  and  France
meeting  the  rate  of  over  2  %  and  Germany  having  the  highest  Union  percentage  of  checks
with over 4 %.

The rise in the level of enforcement has generally led to an increase in the number of offences
detected.  In  some  instances,  however,  the  increase  in  the  number  of  offences  committed
reflects  a  better  collection  and  collation  of  the  statistics  and  also  indicates  a  more  targeted
effort made by the enforcement authorities. Overall, the number of offences recorded has risen
in Austria, Belgium, Finland, France, Germany, Ireland, Italy, Luxembourg, the Netherlands,
Sweden  and  the  UK.  Infringements  against  driving  time  continue  to  account  for  the  highest
number  of  total  offences  registered,  surpassing  those  concerning  rest  periods  and  breaks,
which also increased. Furthermore, during the present period, a fall in the number of offences
concerning  the  service  timetable  and  duty  roster  was  recorded.  It  should  also  be  recognised
that most of the Member States have provided more complete data on such offences. However,
the UK statistics on offences were confused as they included offences recorded for exceeding
six daily driving periods in the weekly rest offence total and the ‘Driving for more than 4 ½
hours without a break’ in the ‘breaks too short’ section.

Member  States  have  taken  various  initiatives:  some  of  them,  such  as  France  and  Belgium,
employed  additional  inspectors  and  improved  their  training  in  order  to  strengthen  the
enforcement  authorities.  In  Finland  an  amendment  to  the  Road  Transport  Act  gave  more
powers  to  the  safety  inspectors  during  checks  carried  out  with  the  police.  In  Ireland  the

3

roadside  blitz  operations  shifted  from  the  practice  of  checkpoints  for  the  examination  of
tachographs to checkpoints which cover a wider range of activities. This new approach was
very effective in gaining a high public profile which brought about greater compliance. In the
UK ‘silent checks’ for drivers’ hours compliance have been conducted in addition to routine
checks.

In  the  Netherlands  stricter  national  norms  concerning  driving  time  and  rest  periods  in
passenger and good transport have been adopted. Its enforcement policy continues to develop
preventative methods rather than punitive measures in order to promote compliance with the
Regulation  (EEC)  No  3820/85.  In  France    serious  or  repeated  transport  infringements
continue to be sanctioned with the temporary or permanent revocation of the certified copy of
Community licence or of the transport authorisation. In addition, immobilisation as a penalty
has been introduced. In Germany the legislation concerning the scale of penalties was revised
at the beginning of 1999, but the new rates will not be implemented in all 16  Länder at  the
same time. Although the figures provided for penalties are difficult to compare accurately, it
is evident that a wide disparity still exists among different Member States.

Finally, most of the Member States managed to enhance substantially the efficiency in checks
by upgrading computer assets within  the  enforcement  bodies.  The  data provided also reveal
the need for action to ensure that sanctions are effective, proportionate and dissuasive within
the Internal Market.

As regards co-operation, concerted checks have been regularly undertaken within the Benelux
Member  States during the reference period.  Co-ordinated  checks have also  been  carried  out
by Denmark with Germany and Sweden, by Sweden with Norway, Denmark and Finland and
by Northern Ireland with the Republic of Ireland. Despite the registered improvement in co-
operation,  such  data  suggest  that  co-operation  is  still  an  exceptional  issue  as  most  of  the
Member States appear to be collaborating with each other only occasionally.

take the necessary action to improve data provision

In summary the Commission intends to:
(cid:1) 
(cid:1)  consider a revision of Directive 88/599/EC which will strengthen the effectiveness and the
consistency  of  checks,  raise  minimum  enforcement  levels  and  possibly  specify  a
minimum level of sanctions for specific offences detected

(cid:1)  update Regulation (EEC) No 3820/851
(cid:1)  study  whether  further  changes  to  Community  rules  are  needed  particularly  pending  the

introduction of the digital tachograph

(cid:1)  support  and  encourage  the  co-operation  and  exchange  of  information  and  personnel

among Member States

1

COM(2001)573  final  of  12.10.2001,  Commission  Proposal  for  a  Regulation  of  the  European  Parliament
and of the Council on the harmonisation of certain social legislation relating to road transport.

4

                                                
1. 

INTRODUCTION

This  report,  which  covers  the  period  1997-1998,  is  the  fourth  in  the  series  of  Commission
reports which cover Regulation (EEC) No 3820/852. It is based on the information supplied
by Member States using the standard form introduced according to the Commission Decision
of the 22 February 19933.

All  Member  States  have  submitted  their  data  in  a  format  very  close  to  the  standard  form.
Their  returns  are  complete,  although  not  always  uniform,  except  for  Greece  that  submitted
incomplete information. There were delays in returns from Portugal, the Netherlands, Greece,
France, Denmark, Belgium, Austria and the UK.

However,  the  use  of  the  standard  form  makes  it  simpler  to  analyse  and  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

In  Germany  in  June  1998  some  purely  editorial  amendments  were  made  to  the
“Fahrpersonalgesetz”  (Law  concerning  driving  personnel).  The  latest  version  of  the
“Fahrpersonalverordnung”  (Regulation  concerning  driving  personnel)  and  the  German
Regulation  of  6  June  1990  on  checks  pursuant  to  Council  Directive  88/599/EEC  of  23
November 19884 for the implementation  of  Regulation No 3820/85/EEC and 3821/85/EEC5
were  submitted  to  the  Commission  for  the  1995-1996  report.  Since  then  the  German
Regulation concerning driving personnel was left unchanged, while the Regulation of 6 June
1990 has not yet been adapted to the Council Directive No 88/599/EEC of 23 November 1988
as amended by Regulation (EC) No 2135/986. The provisions of this Regulation apply to the
driving time and rest period records of vehicles with the maximum authorised weight between
2.8 and 3.5 tonnes.

In Ireland some legislative measures have been adopted in order to increase enforcement staff
numbers.

In  the  Netherlands  the  national  legislation  concerning  driving  time  and  rest  periods  for
passengers and goods transport has been changed. Stricter national norms have been adopted
according to European legislation.

2

3

4

5

6

OJ L 370, 31.12.1985, p. 1.
OJ L 72, 25.03.1993, p. 33.
OJ L 325, 29.11.88, p. 55.
OJ L 370, 31.12.1985, p. 8.
OJ L 274, 9.10.1998, p. 1.

5

                                                
2.2

Administrative measures

In  1998  the  Belgian  Government  engaged  additional  inspectors.  Extra  efforts  were  made  to
update computers within the Inspections Directorate (Direction Contrôles) and to improve the
training of inspectors (A.D.R. Regulation).

In Finland an amendment to the Road Transport Act that came into force on the 1st January
1999 gave more powers to the safety inspectors during inspections carried out with the police.
In  addition,  from  the  beginning  of  1998  the  statistics  on  the  inspections  carried  out  by  the
safety  inspectors  can  be  accessed  directly  by  a  computer.  Moreover,  from  the  15th  August
1999 the Customs and Border Guard Service are included as an additional enforcement body
to check drivers’ driving time and rest periods.

the  Committees  for  Administrative  Sanctions  proposed 

In  France 
the  Chief
Commissioners  should  administer  penalties  on  local  undertakings  for  serious  or  repeated
transport infringements, such as the temporary or permanent revocation of the certified copy
of  Community  licence  or  of  the  transport  authorisation.  Thus,  163  copies  of  Community
licences and 232 transport authorisations have been permanently  revoked  and 530 copies of
Community  licences  and  257  transport  authorisations  have  been  temporarily  revoked.  From
30th August 1999 it is also possible to immobilise one or more vehicles.

that 

The French government has reinforced the enforcement authorities: the number of officers has
increased from 382 to 405 and in 1998 the number of divisional inspectors was increased to
48. The number of the vehicles used for inspection work was increased to 102.

In  Ireland  some  enforcement  measures  have  been  adopted  to  update  the  database  and
computer programmes.

In the UK, in addition to routine checks for drivers’ hours compliance, there continued to be a
heavy  emphasis  on  enforcement  targeted  at  particular  locations  and  suspected  drivers  and
operators.  Much  of  this  involved  intelligence  gathered  from  “silent  checks”  (6,711  checks  in
1997  and  5,984  checks  in  1998),  where  a  vehicle’s  use  and  location  is  recorded  without  the
driver’s  knowledge  and  followed  by  a  thorough  check  of  drivers’  charts  to  see  whether  all
information has been registered. This helped to detect systematic abuse of drivers’ hours rules.

3.

PENALTIES

3.1

Scales

Austria, Denmark, Finland, Ireland and the UK provided information on the scale of penalties
imposed  for  violations  to  the  Regulation  (EEC)  No  3820/85.  Germany  transmitted  a  very
detailed table concerning national legislation. A wide range of fines among Member States is
still apparent (see Annex A).

In Austria fines vary between € 36 and € 2,180.

In  Denmark  a  fine  of  €  54  is  imposed  on  th e  driver  and  €  134  on  the  company  for  every
offence  against  the  provisions  of  the  Regulations  (EEC)  No  3820/85  and  No  3821/85.  The
amount of the fine also depends on the nature and gravity of the violation.

6

In  Finland,  penalties  are  imposed  on  the  driver  and  employer  depending  on  the  offence  in
question.  Offences  are  punished  by  ‘day-fines’,  the  sum  of  which  depends  on  the  type  of
infringement and reflects the severity of the offence. The amount of  one  ‘day-fine’  depends
on the defendant’s income and the number of dependants. Punishments for an offence against
the rules on driving and rest periods vary from 6 to 12 day-fines. For example: neglecting the
use of the record sheet will result in a punishment of 8 day-fine, neglecting the provisions on
the use of record sheet will lead to a 6 day-fine punishment.

Germany  supplied  a  very  detailed  schedule  of  penalties  and  on-the-spot  fines.  The
infringements are punished according to the type of offences and persons involved. Fines for
infringements of the provisions on driving times, rest periods and breaks range from € 15 to €
31 for the driving personnel and by € 61 (minimum) for the employer. Fines for drivers who
do not respect the provision on recording of work periods range from € 15 to € 153 and for
employers range from € 153 to € 1,534. Breaches of provisions on the service time table and
duty roster are punished with a fine ranging from € 51 to € 128 for the driver and of € 511
(minimum) for the employer.

In Ireland, the maximum fine is € 1,270 and/or 6 months imprisonment.

Sweden imposes a general fine of € 133.

In the UK the maximum fines for drivers and for those who cause or permit driver’s hours
and tachograph offences range from € 315 to € 7,874. Since June 1996 Northern Ireland has
the  same  maximum  penalty  of    €  7,874.  In  addition  to  a  fine,  the  offences  of  falsifying  a
chart  and  altering  or  forging  a  seal  on  a  tachograph  carry  a  penalty  of  up  to  two  years
imprisonment.

3.2

Changes

According to a decision of the Attorney-General’s office (College van Procureurs-generaal),
which  resulted  from  the  judgement  of  the  Court  of  Justice  of  23  January  1997,  (Eckehard
Pastoors and Trans-Cap GmbH  v. Belgian State, Case C-29/95)7, the Belgian inspectors are
now no longer allowed to demand the immediate payment of the full prescribed deposit from
non-resident drivers who opt for continuation of normal criminal proceedings.

In  France  the  current  penalty  system  has  been  extended  with  the  creation  of  a  sanction  of
administrative immobilisation of vehicles. Therefore, from 30th August 1999 it is possible to
immobilise vehicles in case of serious or repeated transport infringements.

The scale of German  legislation concerning penalties was  revised  at the  beginning of  1999.
The new rates will not be implemented in all 16 Länder at the same time.

7

Rec. 1997, p. I-285.

7

                                                
4.

RELATIONS AND CO-OPERATION BETWEEN MEMBER STATES

Although  this  heading  is  not  included  in  the  standard  form,  certain  Member  States  made
comments on checks.

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.

Belgium reported that concerted checks have been regularly undertaken with the neighbouring
Member  States  and  in  particular  the  co-operation  with  Benelux  Member  States  has  been
improved.

According  to  Article  5  of  the  Council  Directive  above  mentioned,  Denmark  carried  out  six
co-ordinated  checks  with  Germany  and  Sweden  in  the  reference  period.  These  checks  have
been conducted on vehicles of different Member States. Four controls were conducted the 7-
9-14-16  February  1997  at  Rødby  Havn,  while  two  checks  were  carried  out  the  19  and  26
November  1998  on  vehicles  arriving  in  the  state  port  of  Helsingør.  109  offences  were
recorded,  of  which  87  constituted  infringements  to  Regulation  (EEC)  No  3820/85  and  22
violations of Regulation (EEC) No 3821/85.

Sweden reported that concerted checks were conducted with Norway, Denmark and Finland.

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

4.2

Exchange of information

Member States made no specific comments under this heading. Nevertheless, in the last two
years  the  Benelux  Member  States  have  regularly  arranged  some  meetings  in  order  to
exchange information and personnel. A central Administration was created in Luxembourg to
co-ordinate such activities with the Commission support. Lately some other countries decided
to  participate  to  these  meetings:  France  has  already  joined  in  while  more  recently  Spain,
Ireland, the United Kingdom and Germany showed their interest in these initiatives.

8

5. 

SUMMARY TABLES

5.1 

Checks: summary

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

Member State

- a -
Minimum
number 
of
working days
to 
be
checked

- b -
of
Number 
working  days
checked
(national)

- c –
of
Number 
working  days
checked 
(non
nationals)

- d –
Total  number
of 
working
days checked

Austria
Belgium  (1)
Denmark
Finland  (2)
France (3)
Germany
Greece (4)
Ireland
Italy
Luxembourg
Netherlands
Portugal
Spain
Sweden
United Kingdom

597,511
682,000
198,000
211,200
2,500,000
3,538,238

378,385
2,549,475
73,246
550,000
591,250
1,680,000
400,000
2,006,141

625,100
706,921
330,045
345,783
5,441,807
9,079,879

940,866
4,135,385
41,244
716,857
207,843
4,469,231
582,300
3,341,691

213,660
369,053
29,857

1,128,918
5,143,663

4,693
293,087
22,344
69,114
24,816
400,631
84,310
138,981

838,760
1,075,974
359,902
345,783
6,570,725
14,223,542

945,559
4,428,472
63,588
785,971
232,659
4,869,862
666,610
3,480,672

of 

-e –
Number  of  working
days  checked  as  a
proportion 
the
minimum  number  of
days 
to  be  checked
(d/a)
1.40
1.58
1.82
1.64
2.63
4.02

2.50
1.74
0.87
1.43
0.39
2.89
1.67
1.73

Note:

(1) 

(2) 
(3)

(4)

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 do not include the total number of checks on non – nationals.
France distinguishes between residents and non-residents.
Greek figures were not included as they did not lead themselves to an effective comparison.

9

5.2

 Offences: summary

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

Member
State

PASSENGERS

Nationals EEC

Third
countries

1,576
73
219
1,316

373
105

-

307
136

1

GOODS

Nationals EEC

Third
countries

26,716
2,583
5,140
6,570

14,182
4,698

6,097
234

1

12

Total
non-
nationals
20,279
4,932
-
13

Total
non-
nationals
680
241
-
1

29,921

3,921

2,559

6,480

761,966

117,214

52,863

170,077

265
5,264
31
1,385
659
8,463
1,002
743

13
173
-
30
121
394
242
9

304
-
2
35
86
10
18

477
-
32
156
480
252
27

6,882
42,209
228
10,564
4,960
28,806
2,855
10,998

256
1,581
417
1,443
463
2,257
901
1,429

364
3
277
17
251
120
78

1,945
420
1,720
480
2,508
1,021
1,507

Total

49,251
7,829
5,359
7,900
169,965
968,444

7,416
49,895
679
13,701
6,255
40,257
5,130
13,275

Austria
Belgium (1)
Denmark (2)
Finland
France  (3)
Germany
Greece (4)
Ireland (5)
Italy
Luxembourg
Netherlands
Portugal
Spain
Sweden
United
Kingdom

Note:

(1) 

The  following  figures  on  offences  recorded  have  not  been  incorporated  into  the  Table  above,  nor  in
Tables 4.1 – 4.4, as they were not suitably disaggregated:

Gendarmerie:
Ministry of Finance: 
Ministry of Employment and Labour:  248
TOTAL:

     12,417
     3,111

     15,776

(2) 
(3) 

(4)

(5)

6,173 offences recorded according to Regulation (EEC) No 3821/85 have also not been included.
Denmark does not distinguish among nationals, EEC nationals and third countries.
France  does  not  distinguish  between  nationals  and  non-nationals,  but  between  residents  and  non-
residents. It does not  include  detailed  figures  about  passenger  and  good  offences,  but  it  provides  with
data  on  offences  checked  at  the  premises  of  undertakings  (73,815)  and  those  checked  at  the  roadside
(96,150).
Data were not supplied.
Ireland only provides with figures on offences concerning nationals and other Member States.

10

Number of offences recorded: Articles 6, 7, 8 and 14 of Regulation (EEC) 3820/85
Overview by category of offences (includes passengers and goods, nationals, EEC and third countries)

Article
6
7
8
14
Total

*

**

***

6. 

6.1

Type of offence
Driving periods
Breaks
Rest periods
Service timetable and duty roster

Number of offences *
530,653
373,674
431,778 **
8,283 ***
1,344,388

These figures do not incorporate data on offences recorded by the Gendarmerie, the Ministry of Finance
and the Ministry of Employment and Labour in Belgium as they were not suitably disaggregated.
These  figures  also  include  offences  for  exceeding  six  daily  driving  period  (Article  6)  which  the  UK
recorded under Article 8.
Belgium  supplied  data  which  refers  to  6,173  offences  registered  according  to  Regulation  (EEC)  No
3821/85. Therefore these figures have not been included in this Table.

CONCLUSIONS AND COMMENTS

Conclusions and comments by the Member States

Austria reported that in 1996-1998 there was a general increase in the number of vehicles to
which  the  Regulation  (EEC)  No  3820/85  applies  and  in  the  number  of  drivers  and  days
checked by local authorities. The number of vehicles within the scope of the Regulation (EEC)
No  3820/85  rose  by  9.2  %,  while  the  number  of  drivers  and  working  days  checked  at  the
roadside  increased  respectively  by  49  %  and  by  40.7  %.  On  the  other  hand,  the  number  of
offences recorded in 1997-1998 went up by 13.5 %.

Belgium increased the number of checks by employing additional inspectors. An extra effort
was  also  made  to  improve  the  use  of  computer  assets  within  the  Inspection  Directorate
(Direction  des  Contrôles)  and  to  train  inspectors  (A.D.R.  Regulation).  Driving  time  and  rest
period  offences  still  remain  the  most  important  issue  for  drivers:  the  percentage  of  the
recorded  infringements  increased  from  41.5  %  in  1997  to  45.55  %  in  1998  of  the  total
observed infringements.
Belgium pointed out that co-operation with the services of Member States and third countries
has  been  improved  and  extended:  in  particular,  collaboration  within  Benelux  played  an
important role in checks.

Finland reported that during the years 1997-1998 the amount of inspections clearly exceeded
the minimum level set by Directive 88/599/EEC. The mobile police and the safety inspectors
checked in total 345,783 record sheets which means that the amount of checks compared with
the amount of working days during that period was 1.6 %.
The  Finnish  report  also  pointed  out  that  statistics  have  been  collated  more  efficiently  than
previously.  An  improvement  in  statistics  collection  carried  out  by  safety  inspectors  was
achieved by introducing updated computer hardware in 1998.

Finland  advised  that  checks  carried  out  made  no  distinction  between  goods  and  passengers
transport.  According  to  the  information  provided,  for  every  vehicle  checked  at  the  roadside
approximately  three  record  sheets  were  examined  and  in  checks  made  at  the  premises  of
undertaking 14 tachograph discs per driver were examined. Statistics from the mobile police
indicate  that  the  recorded  offences  leading  to  a  charge  were  845  in  1997  and  661  in  1998.
Over and above these infringements, in both years there were minor offences, which resulted

11

in  a  caution  but  were  not  registered.  Such  offences  mostly  included  the  misuse  of  or  the
omission to use the period recording switch.

France  looked  forward  to  the  introduction  of  the  digital  tachograph  which  will  constitute  a
significant improvement in the checking the implementation of Regulation (EEC) No 3820/85
concerning driving times and rest periods; it also represents a first step in a more systematic
and wide-ranging review of enforcement measures.

France  pointed  out  that  at  the  end  of  1997  it  presented  a  memorandum  containing  some
proposals  to  change  the  Regulation  (EEC)  No  3820/85  in  order  to  harmonise  certain  social
legislation relating to road transport. It called mainly for the revision of the above mentioned
Regulation, with specific regard to  the reduction of the maximum period of  driving  and  the
increase  in  the  maximum  period  of  rest.  A  reduction  of  derogations  concerning  rest  periods
and better legislation concerning exceptions to standard daily driving periods and breaks were
additional issues to be carefully re-examined.

During  the  years  1997-1998  the  amount  of  checks  carried  out  by  the  German  authorities
clearly  surpassed  the  minimum  standard.  Germany  explained  that  the  remarkably  high
number of non-nationals vehicles and drivers checked was due to the fact that it has by far the
highest volume of transit traffic in the EU. The total amount of checks at the roadside slightly
decreased  in  1997-1998  compared  to  1995-1996  (2.7  %).  While  the  number  of  checks  on
national  vehicles  and  on  those  from  other  Member  States  mostly  remained  unchanged,  a
significant  20  %  reduction  of  checks  was  registered  on  non-EU  vehicles.  Closer  analysis  of
these averages revealed a dramatic decline in checks in 1998 compared with 1997 (down by
39 % for German vehicles, 23 % for EU vehicles and 23 % for non-EU vehicles). This is held
to  be  at  least  partly  due  to  the  disappearance  of  the  EU’s  external  frontiers  with  Austria
(Schengen Agreement).

Germany also pointed out that there was a decrease in the number of driving days checked on
the premises of passenger transport undertakings. By contrast, there was very little change in
the corresponding checks on goods transport and own-account operations.

In Germany the number of detected offences regarding the Regulation (EEC) No 3820/85 has
decreased compared with those recorded in 1995-1996 (down by between 4% and 20 %). The
only  exception  to  this  trend  was  passengers  services  from  non-EU  countries  and  goods
services  with  German  drivers.  To  sum  up  there  were  no  significant  changes  in  compliance
with the driving and  rest periods, i.e. the large number of offences still considerably impairs
road safety.

In  addition,  Germany  called  for  a  European  solution  to  the  problem  of  the  burden  of  proof
against employers/shippers in order to provide the employed drivers with better protection. It
also recommends a  re-working of  the standard  data form  in  order  to  include  more  details  in
future  reports,  such  as  offences  against  Regulation  (EEC)  No  3821/85    and  information
exchanges collaboration among Member States.

Ireland pointed out that during 1997-1998 there was a number of court rulings, which resulted
in the need for Transport Officers  to  return  to  operators’  premises to carry  out interviews in
relation  to  prosecutions  being  initiated.  This  reduced  by  33%  the  availability  of  Transport
Officers  to  carry  out  additional  inspections  at  the  roadside.  Since  1997  the  roadside  blitz
operations  shifted  from  the  practice  of  checkpoints  for  the  examination  of  tachographs,  to
checkpoints which cover a wider range of activities. There was an increase in the total number

12

of  operations  and  in  the  number  of  days  dedicated  to  these  blitzes.  This  new  approach  was
very  effective  in  gaining  a  high  public  profile  bringing  about  greater  compliance.  However,
the  intensity  of  such  checkpoints  resulted  in  a  reduced  number  of  vehicles  being  checked
compared to the regular nation-wide checks  carried out by Transport Officers as part of their
weekly  duties.  Ireland  also  reported  that  a  consultant  has  been  engaged  in  order  to  update
database and computer programmes.

The  Netherlands  pointed  out  that  its  enforcement  policy  emphasises  prevention  rather  than
punitive  measures.  The  R.V.I.  (National  Transport  Inspectorate)  continued  to  develop
preventive methods in order to promote compliance with the Regulation  (EEC)  No 3820/85.
The  aim  was  to  reach  an  agreement  with  undertakings  on  how  they  make  provisions  within
their companies for compliance. Failure to act in accordance with this agreement results in a
criminal offence. Within this framework, each undertaking is inspected at least once within an
agreed period. If during such checks serious infringements are observed, penal action is taken
immediately. If in the course of checks at the roadside infringements are recorded for which an
official report has to be drawn up, immediate criminal proceedings are taken. Data based on
such infringements will be used to carry out targeted checks within undertakings.

Sweden  pointed  out  the  need  to  harmonise  the  scales  of  penalties  within  EU  and  suggested
that in case of infringements criminal proceedings should be taken in the driver’s country.  It
also demanded a list of persons to be contacted in every Member States.

The United Kingdom pointed out that its data do not reflect the true scale of enforcement for
driver’s hours compliance. The figures submitted represent drivers’ hours enforcement by the
Vehicle  Inspectorate  and  the  Department  of  the  Environment  (Northern  Ireland),  while  the
Police,  who  enforce  drivers’  hours  regulations,  have  not  been  able  to  supply  figures  for  the
1997-1998 return.

In its conclusions and comments the UK also affirmed that exceeding six daily driving periods
is the  same  as  a  weekly  rest  offence  and  that    ‘Driving  for  more  than  4  ½    hours  without  a
break’ corresponds to ‘breaks too  short’.  Therefore, it avoided double  counting by including
offences  recorded  for  exceeding  six  daily  driving  in  the  weekly  rest  offence  total  and  the
‘Driving for more than 4 ½  hours without a break’ in the ‘breaks too short’ section.

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. Effectively and
uniformly applied, it can enhance road safety, transport efficiency and fair competition within
the  Union.  The  Commission,  however,  is  aware  that  Member  States  still  have  different
perceptions  about  how  to  implement  this  legislation.  Although  all  Member  States  provided
information  in  a  form  very  close  to  the  standard  format,  data  are  still  not  uniform.  In  fact,
checks  and  inspections  are  carried  out  with  varying  degrees  of  intensity  and  frequency  by
different  authorities  often  acting  under  separate  national  rules.  Infringements  are  also
penalised differently.

The Commission recognises the need for greater co-operation among Member States to ensure
a  co-ordinated  approach  to  enforcement.  New  legislative  initiatives  are  also  in  hand.  In
addition, the Commission will continue to monitor the situation in all Member States.

13

6.2.1 Reduction of a lack of information and incomplete data but the problem still remains

Most  of  the  Member  States  managed  to  provide  more  detailed  data.  Austria  and  Finland
supplied  more  detailed  information  as  regards  offences  under  Articles  6,  7,  8  and  14  of  the
Regulation (EEC) No 3820/85. Nevertheless, a lack of timely and sufficiently comprehensive
data  continues  to  hinder  a  comprehensive  comparison.  The  reasons  vary  from  country  to
country.

For the present report Greece supplied incomplete statistics which do not include the types and
the number of recorded offences, the national initiatives and penalties.  Belgium  continues  to
supply  data  registered  by  different  authorities,  which  were  not  all  collected  in  the  standard
form. In addition, France continues to distinguish between residents and non-residents instead
of nationals and non-nationals, which may nuance any comparison.

6.2.2 The minimum standard of checks has been reached by almost all Member States

The overall number of enforcement checks continues to rise within the EU. Some differences
among Member States have been registered. Austria, Belgium, Finland, France, Ireland, Italy,
the Netherlands, Portugal, Spain, Sweden and the United Kingdom recorded a further increase,
while Denmark, Germany and Luxembourg registered a decrease.

Data  from  Austria  indicate  an  upward  trend.  This  mostly  stems  from  the  fact  that  for  the
present  report  Austria  supplied  information  referring  to  both  1997  and  1998  while  for  the
previous report it only provided data for 1996.

In Germany there was a decrease in activity, although enforcement operations continued to be
well above the minimum number required. For Portugal the enforcement level almost stayed
the same (from 0.38 % to 0.39 %) but it still does  not meet the  basic standard of 1% of the
total  days  worked.  It  is  significant  to  note  that  Luxembourg  reduced  its  checking  rate  from
1.29 % to 0.87 %, which therefore fell below the minimum level.

In  general,  however,  most  of  the  Member  States  easily  surpassed  the  basic  standard  of  1%.
Ireland and Spain still attain the rate of over 2 % while France raised the level of checks from
under 2 % to over 2 %. Germany has the highest Union percentage of checks with over 4 %.

6.2.3 The number of offences against service timetable and duty roster 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  8  (rest  periods).  Driving  time  infringements  remain  a  constant  and
significant  proportion  (39.5  %)  of  total  offences  registered  (38.4  %  in  1995-1996).  For  this
period, the number of driving time offences still surpasses those concerning rest periods and
continues  to  account  for  the  highest  number  of  infringements.  Offences  recorded  against
breaks  increased  in  total  numbers  compared  to  those  detected  in  the  previous  report.  By
contrast the percentage of such offences decreased (29.4 % in 1995-1996) and now form 27.8
% of the total. Offences relating to rest periods increased to 32.1 % of the total. There was a
fall in the number of offences detected concerning the service timetable and duty roster (from
4 % in 1995-1996 to 0.6 % in 1997-1998).

14

It is acknowledged that most of the Member States have provided more complete data on such
infringements.  For  this  report,  Spain  supplied  more  information  on  offences  relating  to  the
transport  of  passengers  and  goods  from  third  countries.  By  contrast,  data  submitted  by  the
United  Kingdom  generated  some  confusion  as  figures  relating  to  some  offences  for  driving
period were considered as rest periods or breaks offences.

6.2.4

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

Overall within the EU the number of offences registered has risen with increases recorded in
Austria,  Belgium,  Finland,  France,  Germany,  Ireland,  Italy,  Luxembourg,  the  Netherlands,
Sweden and the UK, in others it has decreased.

In some instances the increase in the number of infringements committed may reflect the rise
in the number of checks, as for example for Austria and Belgium; in other cases, such as for
Finland, it simply may indicate a better collection and collation of the statistics; finally, as for
Ireland, it may also indicate a more targeted effort made by the enforcement authorities.

Data on offences supplied by Member States reveal the following: among most of the Member
States where infringements increased, as in Austria, Belgium, Finland, France,  Ireland,  Italy,
the Netherlands, Sweden and the UK the total number of working days checked also rose. For
two  countries  (Germany  and  Luxembourg)  although  fewer  checks  have  been  carried  out,  a
further increase in offences has been registered. Therefore, the rise in the number of offences
detected  here  appears  to  reflect  primarily  an  overall  increase  in  offence  rates.  Data  from
Denmark reveal a decrease in the number of both checks and offences committed. By contrast
in  Spain  and  Portugal  an  increase  in  the  total  number  of  working  days  checked  led  to  a
decrease in offences recorded.

During  the  years  1997-1998  the  Netherlands  continued  to  enforce  preventative  measures;
nevertheless, they reported a rise in the number of offences detected. However, the increasing
rate of offences was less significant compared to the increasing rate of working days checked.

In general, there appears to be an overall increase in offences detected in the EU. It must be
pointed  out  that  an  intensification  or  reduction  in  the  number  of  checks  does  not  always
correspond  to  a  rise  or  fall  in  the  number  of  infringements  recorded.  The  need  for  more
effective and uniform enforcement is an issue that the Commission continues to consider.

6.2.5

Success rate in detecting offences vary widely

The ratio of the total number of  infringements detected  to  the  total  number  of working  days
checked  reveals  a  wide  disparity  in  the  success  of  Member  States  in  targeting  potential
offenders. During 1997-1998 Germany and Austria were the most successful with 6.8 and 5.9
offences  registered  for  every  100  working  days  checked.  In  some  other  Member  States  the
detection  level  varies  between  over  1  offence  (Denmark,  Italy,  Luxembourg  and  the
Netherlands)  and  over  2  offences  for  100  working  days  (France,  Finland,  and  Portugal).  By
contrast, the success rate registered in Belgium, Ireland, Spain, Sweden and the UK fell below
1%.

This  ratio  serves  to  indicate  the  benefits  to  be  gained  by  an  exchange  of  experience  and
adoption of the most effective and nationally appropriate practice throughout the Union.

15

6.2.6 Digital tachograph implementation draws near

Council Regulation (EC) No 2135/98 adopted by the Council on 24 September 1998 8 amends
Regulation (EEC) No 3821/85 on recording equipment and Directive 88/599/EEC concerning
the application of Regulation (EEC) No 3820/85 and (EEC) No 3821/85. It paves the way for
the  introduction  of  the  new  digital  tachograph,  which  is  due  to  become  compulsory  in  all
Member States by the end of 2003.

In  March  2000  the  Committee  on  the  Adaptation  of  the  Tachograph,  comprising
representatives  of  the  Member  States,  enforcement  bodies,  the  social  partners  and
manufacturers,  agreed  to  a  document  stipulating  the  specifications  of  the  digital  tachograph.
However,  on  19  September  2001  the  mentioned  Committee  could  not  express  a  favourable
opinion on certain amendments of a pure technical nature to the specifications already adopted
in March 2000. In the absence of an opinion, the measures to be taken shall be submitted to
the Council according to the Comitology procedure foreseen in Regulation No (EEC) 3821/85.

In  addition,  the  group  of  enforcement  experts  that  advised  the  Commission  on  the  digital
tachograph was also tasked to make comments on how the current social legislation relating to
road transport could best be computed by the new tachograph. They presented their findings to
the Commission in July 2001 on  a common interpretation of  Regulation (EEC) No 3820/85,
the  necessary  adaptations  arising  for  Regulation  (EEC)  No  3821/85  and  consequent  issues
relating  to  roadside  and  company  checks.  The  Commission  is  currently  considering  their
recommendations.

6.2.7

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 beginning 2001

In its ruling of the 28 September 2000, G. E. Hume, Case C-193/999, the Court established that
Article  8(5)  of  the  Regulation  must  be  interpreted  as  meaning  that  a  driver  who  elects  to
postpone his weekly rest period until the week following that in which  it becomes due  must
take  two  weekly  rest  periods,  consecutively  and  without  any  break  between  them  in  that
second week.

The  question  was  to  determine  the  relationship  between  a  weekly  rest  period  which  is
postponed  to  the  following  week  and  the  weekly  rest  period  for  the  second  week;  for  this
purpose  it  should  be  borne  in  mind  that  Article  8(5)  of  the  Regulation  requires  the  first  of
those  period  to  be  ‘added  on  to’  the  second.  The  Court  noted  that  a  comparison  among  the
various language versions of this term reveals that the postponed weekly rest period must be
taken together with the weekly rest period for the following week.

In addition, it is significant to note that Article 8(3) provides a general rule for a weekly rest
period  of  45  hours  which  may  be  reduced  in  certain  circumstances,  on  the  basis  that  each
reduction must be compensated by an equivalent rest taken en bloc before the end of the third
week following the week in question. The Court pointed out that Article 8(5) of the Regulation
permits a postponement of the weekly rest period and thus constitutes derogation to a general
scheme, which is not to be interpreted broadly. Furthermore, its scope must be determined in

8

9

OJ L 274, 09.10.98, p. 1.
Rec. 2000, p. I-7809.

16

                                                
the light of the aims pursued by the Regulation, which are to improve working conditions and
road safety. Such an interpretation of Article 8(5) thus guarantees the respect of this objective.

6.2.8 The  Court  of  Justice  of  the  European  Communities  also  ruled  on  the  use  of  the
tachograph (Regulation (EEC) No 3821/85).

In its judgement of the 18 January 2001, Skills Motor Coaches Ltd, B. J. Farmer, C. J. Burley
and B. Denman, Case C-297/99  10, the Court ruled on the use of the recording equipment in
road transport. It stated that a driver’s obligation to record all other working periods extends to
the time spent travelling to take over a vehicle which is not at his home or at the employer’s
operational centre and to driving periods spent performing a transport service  falling outside
the  scope  of  the  Regulation  (EEC)  No  3821/85  before  taking  over  a  vehicle  to  which  that
Regulation applies.

6.2.9 Updating of Regulation (EEC) No 3820/85

Over  the  years,  both  national  competent  authorities  and  the  road  transport  industry  have
pointed  out  the  weaknesses  of  the  current  Regulation.  Moreover,  at  the  Transport  Council
meeting  on  2  October  2000  the  Commission  noted  that  there  was  unanimous  agreement
among  Member  States  on  the  need  to  make  technical  amendments  to  the  Regulation.  The
Council  subsequently  requested  the  Commission  to  introduce  a  proposal  to  amend  the
Regulation at the earliest possible opportunity.

At the moment the Commission is actively working to update Regulation (EEC) No 3820/85.
A proposal for a new Regulation COM (2001)573 final has been presented on the 12 October
2001.  The  primary  aim  is  to  provide  a  clear,  coherent  text  within  which  the  rules  currently
contained  in  the  Regulation  are  clarified,  simplified  and  updated.  The  Commission  aims  to
broaden  the  scope  of  application  of  the  Regulation  by  updating  and  refining  current
exemptions and derogations in recognition of the increasing role of the private sector in areas
formerly serviced by the public sector and to make the current provisions computable by the
digital tachograph.

6.2.10 The Commission also intends to improve enforcement, effectiveness and uniformity of

checks and sanctions by strengthening Directive 88/599/EEC

Under the Commission’s Work Programme it is planned to strengthen Directive 88/599/EEC
which  currently  obliges  Member  States  to  check  1%  of  the  days  worked  by  drivers  with  a
view to verifying compliance with the driving and rest period requirements. The Commission
envisages  increasing  this  figure  of  1%,  where  appropriate  in  gradual  stages,  in  order  to
increase  the  number  of  inspections  and  to  enforce  the  effectiveness  and  the  consistency  of
checks carried out by the Member States’ competent authorities.

6.2.11 The Council adopted a common position on the introduction of working  time  for the

road transport sector

In  November  1998  the  Commission  published  a  package  of  measures  (COM  662/98)11
designed to  bring  some  sectors  currently  excluded  from  the  general  working  time  Directive

10

11

Rec. 2001, p. I-573.
OJ C 43, 17.2.99, p. 1.

17

                                                
93/104/EC  of  23  November  199312  within  its  scope.  After  a  long  debate  caused  by  sharp
differences among Member States, on 22 December 2000 a political agreement was reached
by the Council and a Common Position was published and presented to the Parliament on 23
March 2001.

The  Common  Position  excludes  self-employed  drivers  from  the  scope  of  the  Directive  and
also  introduces  less  strict  night-time  rules.  The  Parliament  completed  its  second  reading  in
June 2001 and wishes to return to the inclusion of all drivers and the Commission’s original
proposal  for  night-time  working  rules.  A  Conciliation  procedure  between  the  Council  and
Parliament to reconcile these two positions has started in autumn 2001.

6.2.12 Final comments

Effective application of the rules on driving times and rest periods is in  everyone’s interest.
The  Commission  continues  to  monitor  the  developments  in  this  field  in  order  to  ensure  the
uniform  and  the  effective  enforcement  of  social  legislation  and  to  encourage  good  practice.
Therefore, in its proposal COM (2001)573 final on Regulation (EEC) No 3820/85 it envisages
standing Committee through which common views on the application of this Regulation can
be exchanged and if appropriate swift decisions taken.

The Commission also continues to encourage all Member States to take further co-operative
initiatives  and  to  promote  exchanges  of  information  and  personnel.  These  actions  will
contribute to an enhancement of enforcement actions and will lead to a better understanding
of the implementation of the Regulation.

12

OJ L 307, 13.12.93, p. 18.

18

                                                
Annex A

Member State

                                                   Type of penalty

Austria

Belgium

Denmark

Finland

France

Germany

Ireland

Italy

Netherlands

Spain

Minor offences

 Serious offences

€ 36

€ 62

€ 2,180

€ 248

Fine of at least € 54 for the driver and € 134 for the company, the amount depending o
the nature and gravity of the offence.
The  violations  are  punished  using  the  “day-fine”  criterion.  The  sum  of  one  day-fine
depends on the defendant’s income and the number of their dependants. The number of
day-fines imposed respects the severity of the offence and varies between 6 and 12.
€ 1517 maximum

The  Law  95-96  of  1  February  1995  created

n

new  offences  and  raised  the  penalties  for
others.
Severe infringements may attract a fine up to
€ 30,489 and one year of imprisonment.

Serious or repeated infringements can lead to the temporary or permanent revocation of
the  Community  licence  or  of  the  transport  authorisation.  The  immobilisation  of  the
vehicle is also an administrative sanction.
The  infringements  are  punished  according  to  the  type  of  offences  and  persons
involved. Fines for infringements of the provisions on driving times, rest periods and
breaks  range  from  €  15  to  €  31  for  the  driving  personnel  and  by  a  fine  of  €  61
(minimum)  for  the  employer.  Fines  for  drivers  who  do  not  respect  the  provision  on
recording of driving times range from € 15 to € 153 and for employers range  from €
153  to  €  1,534.  Breaches  of  provisions  on  the  service  time  table  and  duty  roster  are
punished with a fine ranging from € 51 to € 128 for the driver and by a fine of € 511
(minimum) for the employer.

€  1,270  and/or six months imprisonment

€ 16 minimum

€ 4,447

There are set fines for each breach of a provision of the Regulation ranging from  € 45
to € 1,365.
€ 30 – 284

€ 284 – 1,388 (First Category)

€ 1,388 – 2,414 (Second Category)

Sweden

General fine of € 133.

United Kingdom

Maximum  fines  for  drivers  and  those  who
cause  or  permit  driver’s  hours 
and
tachograph  offences  range  from  €  315  to  €
7,874.
In  addition  to  a  fine,  the  offences  of
falsifying  a  chart  and  altering  or  forging  a
seal on a tachograph carry a penalty of up to
two years imprisonment.

Note:

Data for Belgium, Italy and Spain are based on figures supplied by national experts from these countries in
1995.  Figures for France and the Netherlands are those registered in the previous report as these countries did
not communicate any change in their legislation. Entries for other Member States were not supplied.

19

Annex B

Statistical data

1.

2.

Reference period
From 1 January 1997 to 31 December 1998

Calculation of minimum checks to be carried out
(Article 2 of Directive 88/599/EEC)13

Member State

Austria

Belgium

Denmark

Finland

France

Germany

Greece (1)

Ireland  (2)

Italy

Luxembourg

Netherlands

Portugal

Spain

Sweden

United Kingdom

Number  of  days
worked  per  driver
during 
the
reference period

        - a -
480

Total  number  of
vehicles  subject  to
Regulation  (EEC)
No 3820/85
(annual average)
        - b -
124,481

440

440

440

480

480

460

390

450

500

430

480

400

464

155,000

45,000

48,000

521,875

737,133

82,258

653,712

16,277

110,000

137,500

350,000

200,000

432,358

Total  number  of
days worked

Minimum checks
( 1% of c)

       a (cid:1) b

       - c -
59,751,120

68,200,000

19,800,000

21,120,000

250,500,000

353,823,840

           - d -
597,511

682,000

198,000

211,200

2,500,000

3,538,238

37,838,450

378,385

254,947,680

2,549,475

7,324,650

55,000,000

59,125,000

73,246

550,000

591,250

168,000,000

1,680,000

40,000,000

400,000

200,614,112

2,006,141

(1)
(2) 

Greek figures were not included as they did not lead themselves to an effective comparison.
Figures  relate  to  total  number  of  good  vehicles  over  1,524  kgs.  and  large  public  service  vehicles
registered  in  the  State.  A  number  of  these  would  be  exempted  from  Council  Regulation  3820/85.
However there is no breakdown of the figures available.

13

OJ L 325 29.11.88, p. 55.

20

                                                
3. 

Checks

3.1  Number of checks at the roadside

Member State

Type of transport

Nationals

Austria

Belgium

Denmark

Finland

France  (2)

Germany

Greece

Ireland

Italy

Luxembourg

Netherlands

Portugal

Spain

Sweden

United Kingdom

carriage of passengers
carriage of goods
total number (1)
carriage of passengers
carriage of goods

614
32,502
97,561
4,497
61,602

total number (1)

carriage of passengers
carriage of goods
carriage of passengers
carriage of goods
carriage of passengers
carriage of goods
carriage of passengers
carriage of goods
carriage of passengers
carriage of goods
total number (1)
carriage of passengers
carriage of goods
total number (1)
carriage of passengers
carriage of goods
carriage of passengers
carriage of goods
carriage of passengers
carriage of goods
total number (1)
carriage of passengers
carriage of goods
carriage of passengers
carriage of goods
total number (1)
carriage of passengers
carriage of goods

82,170

2,890
69,278
59,750
1,114,552
177,775
3,607,453
1,204
2,132
4,061
33,190
1,761
100,035
644,880
211,285
182
5,004
2,198
64,296
16,729
94,283
20,013
259,874
953,125
6,854
111,429
439
45,227
339,411

EEC

Other  Member
States
145
6,046
37,730
4,757
81,662

9,115

79,257
2,019,782

1,042
3,731
364
10,377
71,424
26,553
238
5,643
731
27,743
5,931
18,996
3,538
45,619
158,631
514
22,650
48
3,160
24,600

Third
countries

Total 
nationals

non

441
11,419
26,550
225
3,173

899

43,953
1,488,082
440
550
150
194
115
1,750
7,947
2,791
2
246
84
5,999
1,824
2,441
493
8,036
17,206
113
4,653
9
425
2,235

586
17,465
64,280
4,982
84,835

10,014

23,473
299,077
123,210
3,507,864

1,192
3,925
479
12,127
79,371
29,344
240
5,889
815
33,742
7,755
21,437
4,031
53,655
175,837
627
27,303
57
3,585
26,835

Note:

(1) 

(2)

This  total  represents  statistics  for  vehicles  for  which  no  differentiation  between  goods  and  passengers
was provided.
France distinguishes between residents and non-residents instead of nationals and non-nationals.

21

3.2

Number of drivers checked at the premises of undertaking

Member State

Carriage  of
passengers

Carriage of goods

Carriage  on  own
account

Carriage  for  hire
or reward

Austria
Belgium
Denmark  (1)
Finland
France
Germany
Greece
Ireland
Italy
Luxembourg
Netherlands (2)
Portugal
Spain
Sweden
United Kingdom

1,549
69

1,726
12,951
16,212
1,014
431
1,905
1,056
4,600
186
17,326
1,614
5,091

13,887
7785

6,612
92,855
108775
453
7,455
19,580
3,494
11,166
1,674
83,267
3,751
23,818

3,681

11,407

460
4851
19607
3
2,274
1,808
56
1,976
131
13,873
56
2,711

7878
100955
-
880
5,576
11,344
74
9,190
1,729
86,720
973
21,093

Note

(1)

(2)

Denmark did not supply these data.
Data for the carriage of goods represent the sum of data concerning the carriage on own account and for
hire or reward.

22

3.3

Number of working days checked at the roadside

Member State

Type of transport

                   EEC

Third
countries

Total 
nationals

non-

carriage of passengers
carriage of goods
total number (1)
carriage of passengers
carriage of goods
total number (1)
carriage of passengers
carriage of goods
carriage of passengers
carriage of goods
carriage of passengers
carriage of goods

carriage of passengers
carriage of goods
carriage of passengers
carriage of goods
carriage of passengers
carriage of goods
total number (1)
carriage of passengers
carriage of goods
carriage of passengers
carriage of goods
carriage of passengers
carriage of goods
total number (1)
carriage of passengers
carriage of goods
carriage of passengers
carriage of goods
total number (1)
carriage of passengers
carriage of goods

Nationals

1,625
97,850
288,943
18,524
231,737
247,037
9,080
218,092
187,796
3,704,736
352,081
7,034,325

3,984
13,104
3,563
46,980
284,225
2,187,778
407,678
659
16,516
4,396
128,592
17,209
98,550
30,084
500,368
1,741,786
20,466
339,214
1,058
149,207
1,305,709

Other
Member
Sates
244
11,838
97,223
20,293
333,782
27,160

1,215
28,170
74,970
1,013
13,965
2,697

130,649
2,902,656

59,348
2,051,010

2,070
784
230
284
3,770
99,889
9,592
14
846
168
11,998
2,004
3,998
106
16,098
32,166
113
14,741
33
2,688
11,566

682
3,497
26,598
110,544
42,694
874
20,610
1,462
55,486
5,068
12,120
1,520
84,080
268,287
1,528
67,792
103
17,785
106,942

1,459
40,008
172,193
21,306
347,747
29,857

68,288
1,060,630
189,997
4,953,666

2,070
784
912
3,781
30,368
210,433
52,286
888
21,456
1,630
67,484
7,072
16,118
1,626
100,178
300,453
1,641
82,533
136
20,473
118,508

Austria

Belgium

Denmark
Finland

France  (2)

Germany

Greece

Ireland

Italy

Luxembourg

Netherlands

Portugal

Spain

Sweden

United
Kingdom

Note:

(1)

(2)

This total represents statistics for vehicles for which no differentiation (in full or in part) between goods
and passengers was supplied.
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

Carriage 
passengers

of

Carriage of goods

Carriage  on  own
account

Carriage  for  hire
or reward

Austria
Belgium
Denmark
Finland
France
Germany
Greece
Ireland
Italy
Luxembourg
Netherlands (1)
Portugal
Spain
Sweden
United Kingdom

18,494
4,323
5,227
16,971
206,620
238,862
16,729
41,445
480,836
3,773
184,000
5,989
338,563
82,016
381,239

218,188
452,337
77,781
101,640
1,342,655
1,454,611
2,590
848,878
774,868
20,296
399,869
56,011
1,888,514
139,546
1,505,536

44,072

37,743
9,336
58,411
233,561

266,473
72,000
341
32,269
4,340
350,678
3,249
242,368

189,098

40,038
109,275
1,490,864

623,644
472,564
578
367,600
57,660
1,876,399
46,117
1,263,025

Note:

(1) 

Data for the carriage of goods represent the sum of data concerning the carriage on own account and for
hire or reward.

24

4. 

Offences

Number of offences recorded

4.1

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

422
18

2

174

Member State

Type of offence

Austria

Belgium  (1)

Denmark  (2)

Finland

France  (3)

Germany

Greece (4)

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

PASSENGERS

nationals

EEC

GOODS

nationals

EEC

Third
countries

total
non-
nationals

Third
countries

total
non-
nationals

PASSENGERS 
GOODS
nationals

AND

non-
nationals

95
26

72
45

167
71

11,246
583

6,445
1,042

2,107
40

8,552
1,082

11,668
601

8,719
1,153

95

1,965
10
4

4

4

97

2,139
10
4
51,886
952

295,924
10,635
3,572

4

10,669
48

68,522
2,132
2,320

11,113
662
163

1,455
70
20

636
35
10

2,901
105
30

284,811
9,973
3,409

48,301
1,834
1,214

17,320
193
1,076

65,621
2,027
2,290

48
2
6

1
0
0

1
0
0

2,335
59
101

38
6
9

38
6
9

2,383
61
107

39
6
9

25

Member State

Italy

Luxembourg

Netherlands

Portugal

Spain

Sweden (5)

United
Kingdom

Type of offence

PASSENGERS

GOODS

nationals

EEC

Third
countries

- 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

1,208
498
25
-
-
-
91
-
-
146
26
4
5,925
7
92
}
}274
}
46
*
3

36

-
-
-
6
-
-
16
5
-
306
-
-
}
} 77
}
-
*
-

75

-
-
-
-
-
-
6
-
-
67
-
-
}
}3
}
2
*
-

total
non-
nationals
111

6

22
5

373

}
} 80
}
2

nationals

EEC

Third
countries

15,459
1,649
234
81
-
-
2,106
-
-
1,304
436
-
19,262
41
531
}
} 690
}
1,998
*
107

514
40
11
151
-
-
543
-
-
120
30
-
1,767
-
-
}
} 275
}
120
*
135

106
3

1
-
-
75
-
-
10
4
-
196

}
} 37
}
3
*
10

total
non-
nationals
620
43
11
152

618

130
34

1,963

}
} 312
}
123

145

PASSENGERS 
GOODS

AND

nationals

non-
nationals

16,667
2,147
259
81

731
43
11
152

2,197

624

1,450
462
4
25,187
48
623
}
} 964
}
2,044

110

152
39

2,336

}
}392
}
125

145

Note:
(1)

(2)

(3)

(4)

(5)

*

These data refer only to 1997 as for 1998 no disaggregated figures were provided. 1,805 offences recorded in 1998 were included in the total number (see Table 5.2).
Denmark did not supplied disaggregated data.
France does not distinguish between nationals and non-nationals but between residents and non-residents. No disaggregated data concerning the carriage of goods
and persons were provided.
Data were not supplied.
Total number of driving period offences without distinction.
These offences have been taken under ‘Rest Periods – weekly’ offences

26

4.2

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

Member State

Type of offence

PASSENGERS

GOODS

nationals

EEC

Third
countries

total
non-
nationals

nationals

EEC

Third
countries

total
non-
nationals

PASSENGERS 
GOODS

AND

nationals

non-
nationals

Austria

Belgium

Denmark  (1)

Finland

France  (2)

Germany

Greece (3)

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

642

123

6
6

6
9

61

404
241

74

8
13

197

14
19

1

1

3,584
4,012

545
326

122
71

74
22

1,370
36

6
2

26
5

178
4

667
397

6
2

204
9

27

10,267

4,633

1,635

6,268

10,909

6,465

468
183

271
246

1,894

1,166
659

29
-

4
1

497
183

4
1

106,926
118,076

15,026
14,162

6,425
6,794

21,451
20,956

277
255

1,955

1,570
900

}
}31,751

110,510
122,088

511
202

5
1

}
} 5,333

22,118
21,353

1,259
305

11,835
1,752

120
37

541
146

105
19

120
37

646
165

1,333
327

13,205
1,788

126
39

850
174

Member State

Type of offence

PASSENGERS

nationals

EEC

Luxembourg

Netherlands

Portugal

Spain

Sweden

United
Kingdom

-  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

8
12

221
-

114
151

1,766
-

284

} 147
}

-
-

13
-

40
30

88
-

34

}-
}

Third
countries

total
non-
nationals

-
-

1
-

10
9

19
-

0

} -
}

14
-

50
39

107
-

34

GOODS

nationals

EEC

72
-

1,326
-

2,094
324

5,541
-

 977

} 5,188
}

131
-

73
-

110
59

490
-

108

}88
}

Third
countries

total
non-
nationals

PASSENGERS 
GOODS
nationals

AND

non-
nationals

1
-

11
-

-
2

55
-

 28

} 4
}

132

84
-

110
61

545
-

136

} 92
}

80
12

1,547
-

2,208
475

7,307
-

1,261

132
-

98
-

160
100

652
-

170

} 5,335
}

} 92
}

Note:

(1)

(2)

(3)

Denmark did not supplied disaggregated data.
France does not distinguish between nationals and non-nationals but between residents and non-residents. No disaggregated data concerning the offences recorded
and the carriage of goods and persons were provided.
Data were not supplied.

28

4.3

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

Member State

Type of offence

PASSENGERS

GOODS

nationals

EEC

third
countries

total
non-nationals

nationals

EEC

third
countries

PASSENGERS 
GOODS

AND

nationals

non-
nationals

total
non-
nationals

Austria

Belgium

Denmark  (1)

Finland

France  (2)

Germany

Greece (3)

Ireland

Italy

Luxembourg

Netherlands

Portugal

- daily
-weekly
- daily
-weekly
- daily
-weekly
- daily
-weekly
- daily
-weekly
- daily
-weekly
- daily
-weekly
- daily
-weekly
- daily
-weekly

- daily
-weekly
- daily
-weekly
- daily
-weekly

373
32

156

370
23

9,234
1,056

81
15
1,213
99

-
-
1,073
-
129
7

128
61

84
70

212
131

5,203
849

3,151

2,735
31

3,104
1,888

2,355
125

5,459
2,013

1

2
1

2
2

1,120
96

1,492
6

2,612
102

229,338
9,433

35,179
1,498

20,594
461

55,773
1,959

2,634
189
5,212
410

75
-
7,132
-
711
91

37
9
267
49

135
-
827
-
86
58

110
14

1
-
191
-
1
-

37
9
377
63

136
-
1,018

87
58

0
0
17
1

-
-
11
-
12
1

47

-
-
1
-
2
1

0
0
64
1

12

14
2

29

5,576
881

3,307

3,105
54
59,300
854
238,572
10,489

2,715
204
6,425
509

75

5,671
2,144

2
2
8,535
106
58,385
2,061

37
9
441
64

136

8,205

1,030

840
98

101
60

PASSENGERS 
GOODS
nationals

AND

non-
nationals

3,953
151
1,426
134
2,971
1,270

696
12
929
243

Member State

Type of offence

PASSENGERS

nationals

EEC

GOODS

third
countries

total
non-nationals

nationals

EEC

third
countries

Spain

Sweden

United
Kingdom

- daily
-weekly
- daily
-weekly
- daily
-weekly (4)

652
21
325
47
286
250

-
-
128
1
7
2

-
-
6
0
16
-

3,301
130
1,101
87
2,685
1,020

-
-
511
7
867
219

-
-
51
4
39
22

134
1
23
2

total
non-
nationals

562
11
906
241

Note:

(1)

(2)

(3)

(4)

Denmark did not supplied disaggregated data.
France does not distinguish between nationals and non-nationals but between residents and non-residents.
Data were not supplied.
These figures refer also to offences for exceeding six daily driving period.

30

4.4

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

Member State

Type of offence

Nationals EEC

Third countries Total 

non-

nationals

- faulty
- incorrectly applied
- faulty
- incorrectly applied (1)
- 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

Austria

Belgium

Denmark  (2)

Finland

France  (3) (4)

Germany

Greece (2)

Ireland

Italy (5)

Luxembourg

Netherlands

Portugal

Spain (2)

Sweden (4)

United
Kingdom

Note:

139

27

77

104

52
52
} 426
}
77
20

0
17
508
561
1
10
-
-
37
45

} 72
}
7
4

270
19

0
4
2
105
-
-
-
-
3
14

} 2
}
-
-

69
118

7
-
-
-
-
-
7

} 1
}
-
-

}105
}
339
137

0
4
2
112

3
21

} 3
}

(1)

(2)

(3)

(4)

(5)

Belgium supplied data, which referred to offences recorded according to Regulation (EEC) No 3821/85.
Therefore, these figures (6,173 offences) have not been included in this Table.
Data were not supplied.
France distinguishes between residents and non-residents instead of nationals and non-nationals.
No disaggregated figures were provided.
Figures provided are not complete as it was impossible to locate 2,040 offences registered in 1997 and
3,385  in  1998.  However,  these  figures  are  included  in  the  total  number  of  the  recorded  offences  (see
Table 5.2).

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