Report from the Commission on the implementation in 1999-2000 of Regulation (EEC) 3820/85 on the harmonisation of certain social legislation relating to road transport (21st Report from the Commission on the implementation of the social legislation relating to road transport)
Date: 2004-04-30
Institutions: European Commission
Subjects: activity report, drivers, road transport, traffic control, working conditions

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 30.4.2004 
COM(2004) 360 final 

REPORT FROM THE COMMISSION 

on the implementation in 1999-2000 of Regulation (EEC) 3820/85 on the 
harmonisation of certain social legislation relating to road transport 

(21st report from the Commission on the implementation of the social legislation 
relating to road transport) 

EN 

   EN 

 
 
 
  
 
  
  
REPORT FROM THE COMMISSION 

on the implementation in 1999-2000 of Regulation (EEC) 3820/85 on the 
harmonisation of certain social legislation relating to road transport 

(21st report from the Commission on the implementation of the social legislation 
relating to road transport) 

Contents 

EXECUTIVE SUMMARY ........................................................................................................3 
Introduction...................................................................................................................5 
1. 
National initiatives........................................................................................................5 
2. 
Regulatory measures.....................................................................................................5 
2.1. 
Administrative measures ..............................................................................................5 
2.2. 
Penalties........................................................................................................................6 
3. 
Scales ............................................................................................................................6 
3.1. 
Changes.........................................................................................................................7 
3.2. 
Relations and co-operation between Member States....................................................7 
4. 
Concerted checks ..........................................................................................................7 
4.1. 
Summary tables ............................................................................................................8 
5. 
Checks: summary..........................................................................................................8 
5.1. 
Offences: summary .......................................................................................................9 
5.2. 
CONCLUSIONS AND COMMENTS .......................................................................10 
6.  
Conclusions and comments by the Member States ....................................................10 
6.1 
6.2 
Conclusions and comments by the Commission ........................................................11 
ANNEX A.................................................................................................................................17 
ANNEX B.................................................................................................................................18 
Reference period.........................................................................................................18 
1. 
Calculation of minimum checks to be carried out ......................................................18 
2. 
Checks.........................................................................................................................19 
3. 
Number of checks at the roadside...............................................................................19 
3.1 
Number of drivers checked at the premises of undertaking .......................................20 
3.2 
Number of working days checked at the roadside......................................................21 
3.3 
Number of working days checked at premises of undertaking...................................22 
3.4 
Offences ......................................................................................................................23 
4.  
Article 6 of Regulation (EEC) No 3820/85: driving period .......................................23 
4.1 
Article 7 of Regulation (EEC) No 3820/85: breaks....................................................25 
4.2 
Article 8 of Regulation (EEC) No 3820/85: rest periods ...........................................27 
4.3 
Article 14 of Regulation (EEC) No 3820/85: Service timetable and Duty 
4.4 
roster ...........................................................................................................................29 

2 

 
 
  
 
 
EXECUTIVE SUMMARY 

This  report  sets  out  trends  and  statistics  covering  the  Member  States’  inspection  and 
enforcement activities during the period 1999-2000 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. 

Almost  all  Member  States  submitted  data  to  the  Commission  for  the  current  period.  United 
Kingdom and Austria only sent their reports after a written reminder from the Commission. 
Greece initially did not submit data despite the prospect of infringement proceedings and has 
since  submitted  data  which  did  not  lend  itself  to  an  effective  comparison.  In  general,  there 
was  some  progress  in  providing  data  in  the  standard  format  and  in  giving  more  detailed 
information, nevertheless 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 
decreased within the EU. Those Member States that did increase the number of working days 
checked were Belgium, Finland, Ireland, Italy, Luxembourg, Portugal and United Kingdom. 
The  other  Member  States  show  a  reduction  in  the  number  of  working  days  checked.  Both 
checks carried out at the premises of undertakings and at the roadside have decreased during 
the years 1999-2000. 

Enforcement  operations  continued  to  be  mostly  above  the  minimum  number  required.  Only 
Portugal did not meet the checking rate of 1 %. The checks reported to have been carried out 
in Portugal have increased but since 1995 they have been below the required minimum level 
of checks and the Commission has consequently started infringement proceedings. In general, 
most of the Member States easily surpassed the basic standard of 1 % with Spain and France 
meeting the rate of over 2 % and Germany again reaching the highest Union level of checks 
with 3.45 %. 

The  decrease  in  the  level  of  enforcement  has  generally  led  to  a  decrease  in  the  number  of 
offences  detected  compared  to  the  previous  report.  Nevertheless,  the  number  of  offences 
recorded  has  risen  in  the  following  Member  States:  Belgium,  Denmark,  Finland,  France, 
Ireland, Italy, Portugal, Spain, Sweden and the United Kingdom. Infringements against driving 
time continue to account for the highest number of total offences registered, surpassing those 
concerning rest periods and breaks even though the numbers of detected offences for all three 
offences  decreased.  Furthermore,  during  the  present  period,  an  increase  in  the  number  of 
offences concerning the service timetable and duty roster was recorded.  

Member  States  have  reported  some  initiatives  during  the  period  of  this  report  and  also 
subsequently. Denmark revised its penalties upwards in the year 2001. Concerted checks have 
been undertaken by Finland, Sweden, Denmark and Norway during the reference period. The 
Commission notes that co-operation is still an exceptional event as most of the Member States 
appear to be collaborating with each other only occasionally. 

3 

 
 
  
 
The  working  time  directive  Directive  2002/15/EC1  was  adopted  in  2002  and  will  provide  a 
complementary  element  to  the  Regulation.  A  common  interpretation  and  enforcement 
throughout  the  Union  will  become  important  in  the  future.  The  introduction  of  the  digital 
tachograph in the near future will ensure a basis for more comprehensive enforcement action. 

The Commission proposal to amend Regulation (EEC) 3820/85 completed its first reading in 
Parliament on 14 January 2003 and the Commission presented an amended proposal taking on 
board the majority of the Parliaments amendments on 11 August 2003. The amended proposal 
therefore returns to the calendar week basis for calculating the maximum driving times and 
minimum  rest  periods.  It  reintroduces  some  flexibilities  demanded  by  the  industry,  such  as 
split  breaks,  split  daily  rests  and  reductions  in  weekly  rest  with  compensation,  but  retains 
those elements which will enhance enforcement of the rules.  

In  its  White  Paper  on  Transport2,  the  Commission  indicated  that  EC  legislation  on  road 
transport, particularly on working conditions, are above all extremely poorly enforced. To that 
end  it  adopted  a  proposal  on  21  October  20033  which  strengthens  and  elaborates  the  basic 
standard checking procedures set out in Council Directive 88/599/EEC4 as part of a package 
of  proposed  enforcement  measures.  The  proposal  takes  on  board  specific  amendments 
demanded  by  the  Parliament  during  the  first  reading  of  the  proposal  to  amend  Regulation 
(EEC) 3820/85. Thus it proposes an increase from 1% to 3% in the minimum percentage in 
days worked to be checked, with at least 50% being at the premises and 25% at the roadside.  

To encourage better co-ordination between enforcement authorities both within and between 
Member States, a lead enforcement body should be designated within each Member State to 
develop and implement a national enforcement strategy in cooperation with other competent 
authorities. Enforcement staff are to be sufficiently trained and equipped and provision made 
in  road  infrastructure  both  current  and  planned  for  sufficient  lay-bys  or  service  stations  for 
resting  and  checking.  To  facilitate  co-operation  between  enforcement  agencies,  a  standing 
committee  is  recommended  to  encourage  best  practice  and  a  harmonised  approach  to 
enforcement issues. Moreover, an electronic intelligence exchange system is to be put in place 
to help target offenders detected outside their Member State of establishment.  

1   
2   
3  
4  

OJ L 80, 23.3.2002, p. 35-39. 
White Paper, European Tranport Policy for 2010: time to decide, (COM(2001)370), p. 26 
COM(2003) 628 final of 21 October 2003 
OJ L 325, 29.11.1988, p. 55. 

4 

 
 
  
 
                                                 
1. 

INTRODUCTION 

This  report,  which  covers  the  period  1999-2000,  is  the  fifth  in  the  series  of  Commission 
reports, which cover Council Regulation (EEC) No 3820/855. It is based on the information 
supplied by Member States using the standard form introduced according to the Commission 
Decision of the 22 February 19936. 

All Member States have used the standard form for submitting data to the Commission. Their 
returns are complete but still not all uniform and some of the data provided was fragmentary 
or incomplete. There were delays in returns from Austria and United Kingdom. Data was only 
submitted from the United Kingdom after a written reminder from the Commission. Austria 
sent  the  report  for  the  year  2000  and  only  supplied  their  report  for  the  year  1999  after  a 
written reminder. Data from Greece was not submitted in due time despite reminders and the 
threat of infringement proceedings by the Commission, which has subsequently pursued the 
matter. 

However, the use of the standard form makes it easier for the Commission to analyse and to 
compare  the  statistics  with  those  of  the  last  period.  This  report  also  sets  out  any  initiatives 
communicated  by  the  Member  States  and  includes  the  latest  developments  at  Community 
level.  

2. 

NATIONAL INITIATIVES  

2.1. 

Regulatory measures 

In the United Kingdom a new enforcement measure was agreed in December 2000 enabling 
the enforcement authorities to prohibit drivers of UK registered vehicles who have exceeded 
their permitted driving time from continuing their journey until they have taken the required 
break  or  rest  period  under  EEC  Regulation  3820/85.  An  equivalent  measure  is  already  in 
place for drivers of foreign registered vehicles.  

2.2. 

Administrative measures 

the  Committees  for  Administrative  Sanctions  proposed 

In  France 
the  Chief 
Commissioners  should  rule  on  penalties  on  local  undertakings  for  serious  or  repeated 
infringements  on  the  rules  in  force,  such  as  the  temporary  or  permanent  revocation  of  the 
certified  copy  of  Community  licence  or  of  the  transport  authorisation.  Thus,  408  copies  of 
Community  licence  and  207  transport  authorisations  have  been  permanently  revoked  and 
1109 copies of Community licences and  272 transport authorisations have been temporarily 
revoked. From 30 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  in  2000  from  405  to  440.  The  number  of  vehicles  used  for  inspection  work 
increased from 102 to 137. 

5  
6  

OJ L 370, 31.12.1985, p. 1. 
OJ L 72, 25.3.1993, p. 33. 

5 

 
 
  
 
                                                 
Under  the  Dutch  enforcement  policy  it  is  possible  to  initiate  preventive  measures  and 
contracts  with  undertakings  to  increase  the  level  of  enforcement.  In  2000  the  Netherlands 
started a systematic inquiry concerning compliance with the working time legislation. From 
the  driving  licence  database  a  number  of  licence  holders  in  a  cross-section  of  different 
companies are selected every third month. The majority forwarded their tachograph sheets to 
demonstrate compliance, others needed to be visited.  

In the UK, operators who persistently coerce drivers to break the drivers’ hours’ rules and/or 
do  not  carry  out  adequate  checks  to  ensure  compliance  risk  having  their  operator’s  licence 
suspended, curtailed or revoked. 

In addition to routine checks for driver’s hours, the UK has continued to target enforcement 
activity  at  particular  locations  and  suspected  drivers  and  operators.  This  is  intelligence-led 
and  is  based  on  the  results  of  roadside  checks,  information  received,  complaints  or  “silent 
checks”, where a vehicle’s use and location is recorded without the driver’s knowledge and 
followed  by  a  thorough  check  of  drivers’  chart  to  see  whether  all  information  has  been 
recorded. All this is aimed at detecting systematic abuse of drivers’ hour’s rules. The results 
of this targeted approach are reflected in the increase in the numbers of offences recorded. 

There have been eight Euro Control Route checks in total, four in winter and four in summer, 
which have specifically addressed passenger vehicle operations.  

3. 

PENALTIES 

3.1. 

Scales 

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

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

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

Finland imposes penalties 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 range for infringements of the Regulation (EEC) 
No  3820/85  is  4  –  12  “day  fines”  per  single  offence.  For  example,  failure  to  use  the 
tachograph at all results in an 8-day fine, failure to comply with the Regulation on the use of 
tachographs  results  in  a  6-day  fine,  etc.  The  size  of  the  “day-fine”  varies,  based  on  the 
person’s income and the number of dependants they have.   

Germany made reference to their report for the previous period where detailed information on 
penalties  and  on-the-spot  fines  were  provided.  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 break 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 period’s range from € 15 to € 153 and for employer’s 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.  

6 

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

Sweden imposes a general fine of € 132. 

The fines that have been imposed during 1999-2000 in United Kingdom, for both drivers and 
those  who  cause  or  permit  drivers’  hours  and  tachograph  offences  ranged  from  €  200  to 
€ 5,000. 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 

No  Member  States  reported  any  changes  on  the  level  of  the  penalties  for  the  period  1999-
2000.  However  Denmark  reported  that  the  level  of  penalties  for  drivers  was  revised  in  the 
year 2001. From 1 September 2001 the level of fines for drivers rose from 54 € to 67 €. 

4. 

RELATIONS AND CO-OPERATION BETWEEN MEMBER STATES 

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

4.1. 

Concerted checks 

Council Directive 88/599/EEC of 23 November 1988 calls for exchange of information and 
mutual  assistance  on  the  part  of  the  Member  States  as  regards  the  implementation  of 
enforcement measures. 

Denmark reported that two co-ordinated checks were conducted with Sweden in the reporting 
period.  Eleven  offences  were  recorded,  of  which  seven  constituted  infringements  to 
Regulation (EEC) No 3820/85 and four violations of Regulation (EEC) No 3821/85.   

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

7 

 
 
  
 
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 - 

of 

Minimum 
number 
working 
days  to  be 
checked 

539,376 
704,000 
198,000 
238,480 
2,500,000  
3,534,982 

496,733 
2,481,543 
71,359 
522,969 
580,500 
1,680,000 
400,000 
2,030,994 

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

Note: 

- b - 
of 
Number 
working  days 
checked 
(national) 

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

- d - 
Total  number 
of  working 
days checked 

578,166 
977,858 
279,833 
317,615 
5,966,751 
7,666,174 

955,873 
4,684,732 
43,112 
477,436 
331,003 
3,817,653 
506,084 
3,543,002 

189,566 
346,648 
27,212 
51,252 
1,161,989 
4,542,228 

2,653 
244,542 
29,104 
60,204 
51,637 
354,654 
79,929 
151,313 

767,732 
1,324,506 
307,045 
368,867 
7,128,740 
12,208,402 

958,526 
4,929,274 
72,216 
537,640 
382,640 
4,172,307 
586,013 
3,694,315 

-e - 
Number  of  working 
days  checked  as  a 
proportion  of 
the 
minimum  number  of 
days  to  be  checked  
(d/a)  
1,42 
1,88 
1,55 
1,55 
2,85 
3,45 

1,93 
1,99 
1,01 
1,03 
0,66 
2,48 
1,46 
1,82 

(1) 

Greek figures are not included as they did not lend themselves to an effective comparison. 

8 

 
 
  
 
 
 
 
 
 
 
 
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 

GOODS 

Nationals  EEC  Third  

countries 
670 
71 
 0 

643 
177 
2 

1,858 
193 
373 
518 

Total non- 
nationals 
1,313 
248 
2 

Nationals EEC 

20,906 
4,283 
5,236 
17,318 

8,914 
6,133 
29 
2 

Third  
countries 
4,229 
526 

67 

Total non- 
nationals 
13,143 
6,659 
29 
69 

22,658 

2,252 

1,835 

4,087 

610,627 

73,283 46,168 

119,451 

258 
4,609 
8 
1,943 
1,325 
4,913 
958 
964 

156 
2 
17 
253 
148 
133 
14 

9 
0 
3 
56 
21 
14 
17 

16 
165 
2 
20 
309 
169 
147 
31 

6,988 
73,179 
163 
6,139 
8,226 
37,007 
4,713 
12,064 

2,465 
405 
1,083 
712 
3,711 
702 
1982 

406 
9 
989 
94 
51 
97 
134 

175 
2,871 
414 
2,072 
806 
3,762 
799 
2,116 

Total 

37,220 
11,383 
5,640 
17,905 
180,968 
756,823 

7,437 
80,824 
587 
10,174 
10,666 
45,851 
6,617 
15,175 

Austria 
Belgium (1) 
Denmark 
Finland 
France (2)  
Germany 
Greece(3)  
Ireland(4) 
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: 
11,790 
Gendarmerie: 
Ministry of Employment and Labour    4,127 
Total: 
15,917 

(2) 

France  does  not  distinguish  between  nationals  and  non-nationals,  but  between  residents  and  non-
residents. It does not include figures about passenger and goods offences, but it provides data on offences 
checked at the premises of undertakings (83,285) and those checked at the roadside (97,683). 

(3)  Data is missing from Greece. 
(4)  No disaggregated data concerning EEC and third countries were provided from Ireland. 

9 

 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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 

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

Number of offences 
414,448 
346,973 
382,433 *  
  23,962 ** 
1,173,122 

*   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 5,603 offences registered according to Regulation (EEC) N° 3821/85.    Therefore 
figures have not been included in this table 

these 

6.  

6.1 

CONCLUSIONS AND COMMENTS 

Conclusions and comments by the Member States 

In 1999 Belgium gave priority to training enforcement officers and the computerisation of the 
enforcement  service.  A  portable  PC  is  now  available  for  road  and  company  checks  and 
therefore the enforcers can use standardised forms to process specific data and draft changes. 
In the framework of the “Euro Controle Route” special attention was given to the checking of 
passenger transport (summer- and winter shuttle services to transit destinations). 

Moreover,  Belgium  tried  in  2000  to  achieve  closer  co-operation  between  the  different 
enforcement  authorities  both  nationally  and  internationally  (Euro  Control  Route).  High 
priority  was  also  given  to  enforcement  in  the  passenger  transport  sector,  which  explains  the 
increase in the number of checks.   

Finland reported that during the years 1999-2000 the amount of inspections clearly exceeded 
the  minimum  level  set  by  Directive  88/599/EEC.  The  collection  of  statistics  has  been  made 
more  efficient  and  the  inspection  statistics  provided  by  the  occupational  health  and  safety 
inspectors can be accessed direct from a computer terminal. 

Germany  pointed  out  that  it  has  clearly  surpassed  the  1  %  minimum  standard  for  checks 
during  the  years  1999-2000.  Germany  explained  that  the  remarkably  high  number  of  non-
nationals vehicles and drivers checked is due to the fact that it has by far the highest volume of 
transit  traffic  in  the  EU.  The  total  amount  of  checks  decreased  in  the  years  1999-2000 
compared to 1997-1998. It is noticeable that the trend indicated in the last report has continued 
for  the  years  1999-2000,  namely  the  number  of  checks  on  national  vehicles  went  down  by 
22 % and vehicles from other Member States went down by 34.8 %, while the checks on non-
EU  vehicles  remains  almost  the  same.  The  number  of  vehicles  checked  remains  unchanged 
from the last report. 

Germany  also  pointed  out  that  there  has  again  been  a  decrease  by  22.2  %  in  the  number  of 
working  days  checked  on  the  premises  of  the  passenger  transport  undertakings.  Checks  on 
goods- and own-account operations were respectively reduced by 9.2 % and 0.6 %. 

In  Germany  the  number  of  offences  detected  regarding  the  Regulation  No  3820/85  has 
decreased  compared  with  those  recorded  in  1997-1998  (down  by  between  4  %  and  20  % 

10 

 
 
  
 
 
 
 
 
 
 
depending  on  the  nature  of  the  offence).  The  exception  to  this  trend  was  passenger  services 
from non-EU countries and goods transported by German drivers. To sum up, there were no 
significant changes in compliance with the driving and rest periods, and the large number of 
offences detected still considerably impairs road safety.  

Finally, 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. They also 
recommended a re-working of the standard data form in order to include more details in future 
reports,  such  as  offences  against  Council  Regulation  (EEC)  No  3821/85  and  information 
exchange collaboration among Member States. 

Netherlands  concluded  that  in  the  reporting  period  RVI  (National  Transport  Inspectorate) 
continued  to  develop  preventive  instruments  in  order  to  promote  the  enforcement  of  the 
Council Regulation (EEC) No 3820/85. The starting point is to reach an agreement with the 
transport 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  instigated.  Data  based  on  such  infringements 
will be used to carry out targeted checks within undertakings.  

Sweden pointed out the need to harmonise the range of penalties within the EU and suggested 
that where there is an infringement, criminal proceedings should be instigated in the driver’s 
country. It also requested a list of contact persons in every Member State. 

United  Kingdom has for  the first time included roadside checks figures from the Police (In 
the  UK  the  Police  carry  out  roadside  checks  and  the  Vehicle  Inspectorate  carry  out  checks 
both at the roadside and on the company premises). This has led to a modest increase in the 
overall percentage of the number of working days checked compared to the previous report.  

United  Kingdom  proposes  that  Table  4  of  the  standard  form  could  benefit  from  some 
amending  to  avoid  confusion,  caused  by  double  counting.  They  point  out  that  exceeding 
6 daily driving periods is the same as a weekly rest offence. The United Kingdom has avoided 
double  counting  in  Table  4  by  including  offences  recorded  for  exceeding  6  daily  driving 
periods in the weekly rest offence total and including the “breaks too short” in the “Driving for 
more than 4 ½ hours without a break section. 

In  addition,  a  significant  gap  in  the  return  is  the  lack  of  any  requirement  to  provide  any 
information  about  tachograph  charts,  incorrect  completion  (centre  field/wrong  mode  switch 
etc), defective and fraudulent use of tachographs. There is a clear relationship between these 
offences and infringements of the rules themselves because the motive for tachograph offences 
is to mask driver’s hour’s offences. In the United Kingdom, there were 16,214 goods vehicles 
and 1,361 passenger vehicle tachograph-related offences during 1999-2000.  

6.2 

Conclusions and comments by the Commission 

Council 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 plays 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  enforce  this  legislation.  Checks  are 

11 

 
 
  
 
carried out with different intensity and frequency in each Member State and often by differing 
authorities acting under separate national rules. Furthermore, infringements are penalised with 
differing degrees of severity. Some of the information provided by the Member States is often 
not coherent and it can therefore be quite difficult to make accurate comparisons. 

The  Commission  recognises  the  need  for  enhanced  co-operation  between  Member  States  to 
ensure  the  harmonised  enforcement  of  Council  Regulation  (EEC)  No  3820/85  and  will 
continue  to  monitor  the  situation  in  the  Member  States.  To  this  end  it  has  included  in  the 
proposal  concerning  Regulation  (EEC)  3820/85,  that  a  standing  committee  be  created 
comprising representatives from Member States enforcement agencies. The committee would 
provide a forum to promote greater mutual understanding, co-operation and a measure of peer 
accountability. The introduction of the digital tachograph in the year 2004 will also provide a 
means of improvement regarding enforcement in this field as well as an opportunity to adopt a 
more harmonised approach. 

6.2.1 

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

All  Member  States  providing  information  for  the  present  report  period,  apart  from  Greece, 
used  the  standard  form  and  most  of  the  Member  States  managed  to  provide  more  detailed 
data.  

Austria only  provided one report for the year 2000, the report for the year 1999  only being 
sent  to  the  Commission  following  a  reminder.  UK  was  also  reminded  by  letter  to  forward 
their  report.  This  lack  of  timely  reporting  to  the  Commission  hinders  a  comprehensive 
comparison  and  delays  the  finalising  of  the  report.  Greece  did  not  provide  any  statistics 
despite  several  reminders  and  an  infringement  procedure.  The  lack  of  a  timely  report  from 
Greece and the non-standard figures that finally were received, also hinders a comprehensive 
comparison between the Member States.  

France  still  distinguishes  between  residents  and  non-residents  instead  of  nationals  and  non-
nationals, which makes a comparison with the other Member States’ statistics difficult. 

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

Compared  with  the  period  of  the  last  report  (1997-1998,  COM  (2001)  767  final)  seven 
Member States have recorded an increase in the number of checks, namely Austria, Belgium, 
France, Italy, Luxembourg, Portugal and the United Kingdom. A decrease in checks was noted 
for Denmark, Finland, Ireland, Germany, Netherlands, Spain and Sweden. 

Although  checks  in  Germany  decreased  compared  with  the  previous  period,  enforcement 
operations continued to be well above the minimum required. Germany continues to have the 
highest Union percentage with 3,45. 

Portugal noted an increase in the number of checks but still does not meet the basic standard of 
1 % of the total days worked. The Commission has therefore opened infringement proceedings 
against Portugal to address this issue. 

Luxembourg  and  the  Netherlands  have  reduced  their  activity  and  for  this  period  they  only 
made  the  minimum  required  number  of  checks  with  respectively  1.01  %  and  1.03  %.  In 
general,  however,  most  of  the  Member  States  easily  surpassed  the  basic  standard  of  1  %. 
France and Spain continue to be over 2 %.  

12 

 
 
  
 
6.2.3 

The number of offences against service timetable and duty roster increased, while all 
the others decreased  

Compared to the last report for the period 1997-1998 there has been a substantial change in 
terms of offences; there has been a fall in the number of offences against Article 6 (driving 
periods), Article 7 (breaks) and Article 8 (rest periods) and an increase in number of offences 
detected concerning Article 14. Driving time infringements remain a significant proportion of 
total offences registered even though it fell from 39.5 % (1997-1998) to 35.3 % (1999-2000). 
For this period also, 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  decreased  in  total  numbers  compared  to  the  last  period.  Nevertheless  the 
percentage of such offences increased from 27.8 % to 29.6 % of the total. Offences relating to 
rest  periods  decreased  in  total  numbers  compared  to  the  last  period  but  increased  in 
percentage terms from 32.1 % to 32.6 %. The increase in the percentage of the Articles 7 and 
8 offences mirrors the decrease in those concerning Article 6. The increase in the number of 
offences detected concerning Article 14 regarding the service timetable and duty roster from 
0.6  %  in  1997-1998  to  2  %  in  1999-2000,  may  reflect  the  increased  attention  paid  to 
passenger transport operations.   

Most  Member  States  have  provided  sufficient  data  regarding  the  infringements  for  the 
relevant  period.  Data  submitted  by  the  United  Kingdom  continued  to  reflect  confusion  as 
figures relating to some offences for driving periods were considered as rest periods or breaks 
offences.  

6.2.4 

In several Member States the number of offences recorded has increased  

In  several  Member  States  the  total  number  of  offences  detected  for  the  present  period  has 
increased,  as  in  Belgium,  Denmark,  Finland,  France,  Ireland,  Italy  Portugal,  Spain,  Sweden 
and United Kingdom.  

The  increase  in  the  number  of  infringements  detected  in  these  Member  States  may  reflect 
many different factors: a real increase in the number of offences committed, a more targeted 
effort on the part of the enforcement authorities, or a better collection of statistics.  

An  examination  of  the  figures  submitted  by  these  Member  States  reveals  the  following:  in 
Belgium,  Finland,  France,  Ireland,  Italy,  Portugal  and  United  Kingdom  the  total  number  of 
working days checked also rose. For three countries ( Denmark, Spain and Sweden) although 
fewer checks were carried out, a further increase in offences has been recorded. Therefore, the 
rise in the number of offences detected here appears to reflect primarily an overall increase in 
offence  rates.  Data  from  Austria,  Germany  and  the  Netherlands  reveals  a  decrease  in  the 
number of both checks and offences committed. By contrast in Luxembourg an increase in the 
total number of working days checked led to a decrease in offences recorded. 

In  general,  even  though  several  Member  States  report  an  increase,  there  appears  to  be  an 
overall decrease in offences detected in the EU. In the period 1997-1998 a total of 1,344,388 
offences were recorded and for the period 1999-2000 a total of 1,173,122. 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,  it  is  evident  that  in  a  large  proportion  of 
Member States increased enforcement activity is contributing to highlight a growing problem. 
The need for more effective and uniform enforcement throughout the Union is an issue that the 

13 

 
 
  
 
Commission has recently addressed in its legislative proposal on minimum conditions for the 
implementation of Community social acquis.7    

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  1999-2000  Belgium,  Luxembourg,  Ireland  and  Germany  were  the  most 
successful  with  8.6,  8.1,  7.8  and  6.1  offences  detected  per  working  days  checked  in  the 
relevant  period.  In  some  Member  States  the  detection  levels  vary  between  over  2  offences 
(Austria,  Finland,  France,  Portugal  and  United  Kingdom)  and  over  1  offence  registered  on 
average during the period for the report (Denmark, Italy, Netherlands, Spain, Sweden). None 
of the Member States were below 1, which is an improvement on the previous report. 

This  disparity  in  ratios  may  indicate  the  potential  benefits  to  be  gained  by  an  exchange  of 
experience and best practice between Member States and adoption of the most effective and 
nationally appropriate practice throughout the Union. 

6.2.6 

Interpretation  of  Council  Regulations  (EEC)  No  3820/85  and  3821/85  through 
rulings  made  by  the  Court  of  Justice  of  the  European  Communities.  The  period 
covered is 2001-2002 

There  have  been  no  rulings  regarding  Council  Regulations  (EEC)  No  3820/85  and  3821/85 
made by the Court of Justice of the European Communities during the period 1 January 2001 
to 31 December 2002. Those made during the period covered by this report have already been 
highlighted in the previous report. 

6.2.7 

Implementation of the Digital tachograph  

The  Commission  adopted  Regulation  (EC)  No  1360/2002  on  13  June  2002  adapting  for  the 
seventh  time  to  technical  progress  Council  Regulation  (EEC)  No  3821/85  on  recording 
equipment in road transport. The Commission Regulation contains the technical specifications, 
in its annex 1B, of the digital tachograph introduced by Council Regulation (EC) No 2135/98. 
Under  the  current  provisions,  the  digital  tachograph  will  become  compulsory  for  all  new 
vehicles  in  all  Member  States  after  5  August  2004.    However  as  type-approved  digital 
tachographs  were  not  available  to  the  vehicle  manufacturers  at  the  target  date  of  5  August 
2003, the Commission is currently looking into the question of the introduction date for digital 
tachographs,  so  as  to  allow  the  vehicle  manufacturers  sufficient  time  to  integrate  them  into 
their vehicles and to get the vehicles type approved accordingly. 

The  main  objective  in  introducing  the  digital  tachograph  is  to  improve  enforcement.  It  will 
prove  an  important  stimulus  to  foster  a  level  playing  field  by  promoting  a  harmonised 
implementation of the Regulation and a common approach to enforcement practise. The digital 
tachograph  will  oblige  enforcement  agencies  to  considerably  update  their  ways  of  enforcing 
the  rules  and  prosecuting  offenders.  In  this  respect  a  project,  supported  by  the  Commission, 
has been set up to work on a harmonised introduction of the digital tachograph.  The project 
allows  Member  States  to  work  out  common  plans  for  implementation,  possibilities  to 
exchange information and to develop harmonised and more effective solutions. The resulting 
enhancement in enforcement of the driver’s hours rules will provide a significant contribution 

7  

COM(2003) 628 final of 21 October 2003 

14 

 
 
  
 
                                                 
to road safety, driver’s working conditions and fair competition. The project is due to deliver 
its final report at the end of 2004. 

6.2.8 

Revision of Council Regulation (EEC) No 3820/85  

On  12  October  2001  the  Commission  published  a  proposal  for  a  new  Regulation 
(COM(2001) 573 final). The primary aim of the proposal is to simplify, clarify and update the 
Regulation.  The  proposal  strengthens  provisions  on  employer 
introduces 
extraterritoriality  for  roadside  inspectors,  and  impoundment  of  the  vehicle  as  a  common 
sanction  for  serious  infringements.  An  advisory  committee  is  established  comprising 
representatives  of  national  enforcement  agencies  to  promote  continued  involvement  and 
commitment to the enforcement of the Regulation.   

liability, 

The  proposal  had  its  first  reading  on  14  January  2003  in  the  European  Parliament  and  the 
Commission adopted an amended proposal on 11 August 2003 taking on board the majority of 
the  Parliament’s  amendments.  Due  to  competing  priorities  the  Danish,  Greek  and  Italian 
presidencies  have  not  followed  the  Spanish  Presidency  and  taken  the  proposal  forward  in 
Council discussions. 

6.2.9 

The Commission also intends to improve enforcement, effectiveness and uniformity of 
checks and sanctions by strengthening Directive 88/599/EEC  

In the White paper on European transport policy for 2010: time to decide (COM(2001) 370), 
the  Commission  stated  the  following:  “EU  regulations  on  road  transport,  particularly  on 
working conditions, are not only insufficient; they are also, and above all, extremely poorly 
enforced.  This  laxity  in  enforcing  the  regulations  creates  problems.”  Further  it  is  said  that: 
“Consequently, the effectiveness of Community and national legislation depends on correct, 
impartial application throughout the Community.” To improve the situation the Commission 
intends  to  promote  efficient,  uniform  interpretation,  implementation  and  monitoring  of 
Community road transport legislation. Uniform interpretation is addressed by the Commission 
proposal on Regulation 3820/85.  

On 21 October 2003 the Commission adopted a proposal to revise Directive 88/599/EEC8. Its 
three  aims  are  to  raise  the  quantity  and  quality  of  checks,  encourage  greater  co-operation 
between enforcement authorities; and address the issue of harmonisation of sanctions.  

In terms of increased quantity of checks minimum percentage of checks is raised from 1% to 
3%  of  total  days  worked  by  professional  drivers;  within  this  overall  percentage  figure,  the 
minimum  percentage  devoted  to  roadside  checks  is  raised  from  15%  to  25%  and  that  for 
checks at the premises from 25% to 50%. 

In  terms  of  increased  quality,  the  proposal  envisages:  one  lead  co-ordinating  enforcement 
body within each Member State, which develops, publishes and implements an enforcement 
strategy; enforcement staff sufficiently equipped with a basic list of interoperable equipment 
and  trained  in  cooperation  with  other  Member  State  forces;  a  road  infrastructure  with 
sufficient lay-bys or service stations to carry out checks. Both random and targeted checks are 
to be carried out using a common risk rating system 

8  

COM(2003) 628 final of 21 October 2003  

15 

 
 
  
 
                                                 
Co-operation  between  Member  States  enforcement  authorities  is  assured  through  increased 
concerted  actions,  better  exchange  of  information  through  an  electronic  network,  and  a 
standing committee of enforcement authorities to clarify the implementation of the Directive, 
encourage a coherent approach and facilitate dialogue between industry and the agencies.  

In terms of  sanctions,  the proposal  ensures that Member States include and use within their 
range  of  sanctions,  temporary  immobilisation,  withdrawal,  suspension  or  restriction  of 
operator  licence  or  driving  licence,  all  to  be  used  effectively,  proportionately  and 
dissuasively.  The  proposal  also  advocates  inclusion  of  proportionate  financial  sanctions  for 
the  whole  transport  chain  should  offences lead to financial gain. Finally it contains a list of 
offences  to  be  commonly  recognised  as  serious  and  which  should  therefore  attract  an 
appropriate penalty. 

6.2.10  The introduction of working time for the road transport sector European Parliament 

and Council Directive 2002/15/EC 

Directive 2002/15/EC of the European Parliament and of the Council on the organisation of 
the  working  time  of  persons  performing  mobile  road  transport  activities  was  adopted  on 
11 March  2002.  The  Member  States  are  currently  preparing  the  implementation  of  this 
Directive and the general Working Time Directive 93/104/EC as amended by 2000/34/EC, for 
the road sector. Meanwhile, two Member States, Finland and Spain have lodged a case before 
the European Court of Justice to annul part or all of the sector-specific Directive respectively. 

The Commission believes that the Directive when implemented in all the Member States, will 
contribute  to  an  improvement  in  the  social  conditions  of  those  persons  performing  mobile 
road transport and also to an improvement in road safety. 

6.2.11  Final comments 

Effective application of the rules on driving times and rest periods is in everyone’s interest. 
The Commission continues to encourage all the Member States to increase the quantity and 
quality  of  checks  and  strengthen  enforcement  in  all  the  Member  States,  as  well  as  to 
undertake  co-operative  initiatives  promoting  exchanges  of  information  and  personnel  and 
undertake  joint  exercises.  These  actions  will  contribute  to  an  enhancement  of  enforcement 
activities  and  will  lead  to  a  better  common  understanding  of  the  implementation  of  the 
Regulation. 

The  Commission  will  continue  to  monitor  the  developments  in  this  field  in  all  the  Member 
States  to  ensure  a  harmonised  implementation  of  the  social  legislation,  to  encourage  good 
practice and to strengthen levels and effectiveness of enforcement in all the Member States.  

16 

 
 
  
 
Member State 

Type of penalty 

Minor offences 

Serious offences 

ANNEX A 

Austria (1) 
Belgium (2) 
Denmark 

Finland 

France (4) 

Germany 

Greece (1) 

Ireland 
Italy (2) 
Luxembourg (1) 
Netherlands (4) 

Portugal (1) 
Spain (2) 

€ 2,180 
€ 36 
€ 62 
€ 248 
Fine of at least € 54 for the driver(3) and € 135 for the company, the amount depending
on 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 4 and 12. 
€ 1517 maximum 

The  Law  95-96  of  1  February  1995  created 
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 employer’s 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. 

€ 16 minimum 

€  1,270  and/or six months imprisonment 
€ 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 € 132. 

United Kingdom 

The fines imposed for drivers and those who cause or permit drivers’ hours and   
tachograph offences range from € 200 to € 5,000. 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: 

(1) 
(2) 

(3) 
(4) 

  Member State did not supply these data. 
  Data for Belgium, Italy and Spain are based on figures supplied by national experts from these 
  countries in 1995 and  data from the previous report. 

From 1 September 2001 the level for drivers was raised to € 67.  
Figures  for  France  and  the  Netherlands  are  those  registered  in  the  previous  report  as  these 
countries did not communicate any change in their legislation.  

17 

 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
   
ANNEX B 

Statistical data 

1. 

Reference period 

From 1 January 1999 to 31 December 2000.  

2. 

Calculation of minimum checks to be carried out  

(Article 2 of Directive 88/599/EEC) 

Member State 

Number  of  days 
worked 
per 
driver  during  the 
reference period 

- a - 

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

Austria 

Belgium 

Denmark  

Finland 

France   

Germany 
Greece(1)  
Ireland(2)  

Italy 

Luxembourg 

Netherlands 

Portugal 

Spain 

Sweden 

United Kingdom 

480 

440 

440 

440 

480 

480 

460 

390 

450 

433 

430 

480 

400 

465 

112,370 

160,000 

45,000 

54,200 

521.875 

736,455 

107,985 

636,293 

15,858 

120,778 

135,000 

350,000 

200,000 

436,773 

Total  number  of 
days worked 

Minimum checks 
( 1% of c) 

a × b 
- c - 

53,937,600 

70,400,000 

19,800,000 

23,848,000 

-d- 

539,376 

704,000 

198,000 

238,480 

250,500,000 

2,500,000   

353,498,160 

3,534,982 

49,673,330 

496,733 

248,154,270 

2,481,543 

7,135,875 

52,296,874 

58,050,000 

71,359 

522,969 

580,500 

168,000,000 

1,680,000 

40,000,000 

400,000 

203,099,445 

2,030,994 

Note: 
(1)  Greek figures were not included as they did not lend themselves to an effective comparison. 
(2) 

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 
3820/85. However, there is no breakdown of the figures available.   

18 

 
 
  
 
 
 
 
 
 
 
 
 
 
 
3. 

Checks 

3.1 

Number of checks at the roadside 

Member State 

Type of transport 

Nationals 

Austria 

Belgium 

Denmark  

Finland 

France (2)  

Germany 

Greece(3) 

Ireland   

Italy 

Luxembourg 

Netherlands 

Portugal 

Spain 

Sweden 

United Kingdom 

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

2,905 
74,104 
41,644 
5,024 
84,953 
73,258 

2,383 
57,669 
14 
61,644 
1,147,233 
123,558 
2,827,135 

7,005 
33,456 
783 
78,373 
840,846 

57 
3,365 
8 
2,391 
60,212 
25,248 
230,537 
18,845 
218,333 
1,004,540 
6,399 
90,455 
487 
34,523 
406,807 

Third 
countries 

Total  non-
nationals 

EEC 

Other Member 
States 
1,167 
82,842 
10,567 
3,414 
72,219 
8,187 

354 
13,160 

1,806 
35,150 
8,242 
153 
4,837 
809 

311 
3,372 

2,973 
117,992 
18,809 
3,567 
77,056 
8996 

665 
16,532 

24,167 
307,514 
63,574 
2,814,184 

934 
3,906 
375 
9,493 
75,866 

841 
6,425 
10 
638 
29,464 
6,321 
38,702 
3,049 
46,416 
178,392 
631 
24,866 
99 
2,352 
35,287 

33,452 
1,336,033 

30,122 
1,478,151 

847 
3,806 
269 
8,042 
66,080 

831 
6,064 
10 
560 
23,687 
5,557 
33,091 
2,578 
40,352 
165,188 
538 
19,345 
93 
1,951 
32,699 

87 
100 
106 
1,451 
9,786 

10 
361 

78 
5,777 
764 
5,611 
471 
6,064 
13,204 
93 
5,521 
6 
401 
2,588 

Note: 

(1) 

(2) 

(3) 

  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. 
Greek figures were not included as they did not lend themselves to an effective comparison. 

19 

 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
3.2 

Number of drivers checked at the premises of undertaking 

Member State 

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

Carriage  of 
passengers 
1,389 
1,437 

764 
15,633 
11,190 

500 
2,447 
267 
3,520 
5 
12,483 
1,841 
3,952 

Carriage of goods 

12,317 
16,749 

3,988 
112,104 
97,146 

9,381 
13,507 
1,069 
14,347 
264 
47,123 
5,266 
18,618 

Carriage  on  own 
account 
2,403 

Carriage  for  hire 
or reward 
10,286 

491 
5,247 
15,814 

2,883 
2,071 
96 
3,970 
8 
9,283 
19 
2,577 

4,261 
122,490 

6,867  +  (131)(3) 
13,533 
1,240 
10,377 
261 
50,323 
2,156 
16,625 

Note: 

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

Denmark did not supply these data. 
Greek figures were not included as they did not lend themselves to an effective comparison. 
Own account and hire or reward – undistinguished.  

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

20 

 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
3.3 

Number of working days checked at the roadside 

Member State 

Type of transport 

EEC 

Third 
countries 

Total non-
nationals 

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

Nationals 

7,020 
179,203 
221,942 
21,605 
365,289 
222,090 
7,145 
180,807 
41 
193,817 
3,815,477 
272,705 
5,885,889 

2,128 
35,507 
258,263 
2,746,669 
450,942 
228 
13,460 
32 
4,782 
120,424 
16,751 
139,672 
168,285 
381,116 
1,650,306 
18,359 
278,068 
1,386 
115,213 
1,381,332 

Other 
Member 
Sates 
3,589 
48,187 
91,973 
14,676 
310,535 
24,771 
1,057 
39,487 

5,084 
96,444 
73,711 
652 
20,785 
2,441 
908 
9,800 

64,151 
2,241,321 

49,715 
2,187,041 

289 
2,233 
28,791 
145,453 
29,489 
3,324 
24,256 
40 
1,120 
47,374 
7,273 
23,210 
7,144 
65,794 
247,394 
1,994 
58,133 
125 
10,499 
125,164 

3 
128 
3,648 
35,348 
1,813 
40 
1,444 

156 
11,554 
3,893 
7,360 
2,757 
12,046 
29,420 
333 
19,333 
11 
2,258 
13,392 

8,673 
144,631 
165,684 
15,328 
331,320 
27,212 
1,965 
49,287 

70,305 
1,091,684 
113,866 
4,428,362 

292 
2,361 
32,439 
180,801 
31,302 
3,364 
25,700 
40 
1,276 
58,928 
11,166 
30,570 
9,901 
77,840 
276,814 
2,327 
77,466 
136 
12,757 
138,556 

Austria 

Belgium 

Denmark   
Finland 

France(2) 

Germany 

Greece(3) 
Ireland   

Italy 

Luxembourg 

Netherlands 

Portugal 

Spain 

Sweden 

United 
Kingdom 

Note: 

(1) 

(2) 

(3) 

This total represents statistics for vehicles for which no differentiation (in full or in part) 
between the goods and passengers were supplied. 
France distinguishes between residents and non-residents instead of nationals and non-
nationals. 
Greek figures were not included as they did not lend themselves to an effective comparison. 

21 

 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
3.4 

Number of working days checked at premises of undertaking 

Member State 

Carriage 
passengers 

of 

Carriage 
goods 

of 

Carriage 
own account 

on 

Carriage 
for 
hire or reward 

15,874 
35,404 
5,053 
18,589 
262,734 
186,129 

Austria 
Belgium 
Denmark   
Finland 
France   
Germany 
Greece(1) 
Ireland 
Italy 
Luxembourg 
Netherlands(3)  
Portugal 
Spain 
Sweden 
United Kingdom  275,970 
Note: 

37,197 
218,569 
5,874 
140,800 
135 
368,974 
40,094 

154,127 
555,560 
52,690 
111,033 
1,694,723 
1,321,451 

881,041 
1,010,289 
23,518 
211,430 
6,160 
1,417,257 
168,177 
1,770,487 

27,088 

138,278 

9,981 
11,169 
59,788 
232,516 

270,992 
168,039 
2,112 
47,082 
650 
281,126 
816 
296,817 

42,709 
118,453 
2,390,278 

647,221 + (25)(2) 
1,222,553 
27,280 
164,348 
5,545 
1,505,105 
52,305 
1,462,870 

(1) 
(2) 
(3) 

Greek figures were not included as they did not lend themselves to an effective comparison. 
Own account and hire or reward – undistinguished. 

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

22 

 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
4.  

Offences 

Number of offences recorded 

4.1 

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

Member State 

Type of offence 

PASSENGERS 

Austria(1)  

Belgium   

Denmark(2) 

Finland 

France(3)   

Germany 

Greece(4) 
Ireland(5) 

- 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 

41 
20 
28 

} 15 

91 
2 
- 

- 
- 
- 

7,459 
442 
140 

820 
39 
18 

- 
- 
- 

593 
20 
22 

Nationals EEC 

Third 
countries 

Total 
non-
nationals 

GOODS 

nationals  EEC 

Third 
countries 

Total 
Non-
nationals 

PASSENGERS 
GOODS 
nationals 

AND 

Non-
nationals 

} 532  

} 166 

} 98 

} 264 

} 6,722 

} 3,866 

} 1,217 

} 5,083 

} 7,254 

} 5,347 

19 

19 

7 

26 

1,172 

2,116 

133 

2,249 

1,191 

2,275 

} 214 

} 6 

3,620 
10 
5 

- 
- 
- 

11 
1 
- 

} 6 

11 
1 
- 

- 
- 
- 

1,413 
59 
40 

225,052 
2,882 
2,766 

28,626 
433 
146 

15,896 
101 
190 

44,522 
534 
336 

2 
1 
3 

2,546 
126 
147 

22 
20 
28 

} 229 

} 6 

3,711 
12 
5 
55,716 
1,007 

232,511 
3,324 
2,906 

2,587 
146 
175 

11 
1 
- 
10,981 
43 

45,935 
593 
376 

24 
21 
31 

23 

 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Type of offence 

PASSENGERS 

GOOD 

Member State 

Italy 

Luxembourg(2) 

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(6) 
- fortnight 

nationals  EEC 

Third  
countries 

1,025 
143 
1 

} 3 

44 

272 
85 
52 
2,071 
26 
128 

61 
4 

3 

94 
6 

67 
- 
- 

4 

- 

20 

9 
- 
- 

Total 
non- 
nationals 
65 
4 

3 

114 
6 

76 

nationals  EEC 

Third 
countries 

19,449 
3,423 
912 

} 59 

861 

44 
4,386 
424 
10 
14,458 
99 
491 

1,047 
56 
9 

} 142 

216 

288 
42 

1,668 
- 
- 

115 
7 
7 

} 3 

37 

37 
1 

23 
- 
- 

Total 
Non- 
Nationals 
1,162 
63 
16 

} 145 

253 

325 
43 

1,691 

PASSENGERS 
GOODS 

AND 

nationals 

non- 
nationals 

1,227 
67 
16 

} 145 

256 

- 
439 
49 
- 
1,767 

20,474 
3,566 
913 

} 62 

905 

44 
4,658 
509 
62 
16,529 
125 
619 

} 218 

} 45 

} 2 

} 47 

} 1,247 

} 198 

} 30 

} 228 

} 1,465 

} 275 

37 
- 
3 

0 
- 
0 

0 
- 
0 

- 
- 
- 

2,589 
- 
36 

193 
- 
24 

6 
- 
10 

199 
- 
34 

2,626 
- 
39 

199 
- 
34 

Note: 
(1) 
(2) 
(3) 

(4) 
(5) 
(6) 

Austria did not supply differentiated data for the year 1999. 
Member State did not supply differentiated data concerning the offences recorded. 
France does not distinguish between nationals and non-nationals but between residents and non-residents. No differentiated data concerning the carriage of goods and persons were 
provided.  
Greece did not supply data. 
No differentiated data concerning EEC and third countries were provided from Ireland. 
These offences have been taken under “rest periods – weekly” 

24 

 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
4.2 

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

Member State

Type of offence 

PASSENGERS 

GOODS 

Austria(1) 

Belgium   

Denmark(2) 

Finland 

France(3)   

Germany 

Greece(4)  
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 

PASSENGERS 
GOODS 

AND 

nationals 

Non-
nationals 

Nationals EEC 

Third 
countries

Total 
non-
nationals 

nationals  EEC 

Third 
countries 

Total 
Non-
nationals 

} 788 

} 227 

} 283 

} 510 

} 7,960 

} 2,663 

} 1,713 

} 4,376 

} 8,748 

} 4,886 

5 
3 

} 79 

34 
77 

4 
6 

16 
16 

} 1 

20 
22 

} 1 

165 
102 

219 
165 

39 
8 

} 1,622 

} 4 

258 
173 

} 4 

170 
105 

278 
195 

} 1,701 

} 4 

3,782 
3,799 

7 

7 

3,816 
3,876 

7 

} 33,106 

} 5,490 

3,502 
4,233 

204 
535 

338 
338 

542 
873 

90,492 
94,361 

13,043 
11,583 

8,199 
6,750 

21,242 
18,333 

93,994 
98,594 

21,784 
19,206 

604 
650 

21,739 
1,890 

561 
104 

113 
43 

52 
13 

674 
147 

652 
659 

23,136 
2,020 

56 
13 

691 
167 

48 
9 

1,397 
130 

13 
20 

4 

4 

17 
20 

25 

 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Type of offence 

PASSENGERS  

GOODS 

Member 
State 

Luxembourg 
(2) 

Netherlands  

Portugal 

Spain 

Sweden(2)   

United 
Kingdom 

Note: 

- 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(5) 

PASSENERS 
GOODS 
nationals 

AND 

Non- 
nationals 

nationals  EEC 

Third  
countries

Total  
non- 
nationals 

nationals EEC 

Third  
countries 

Total 
non- 
nationals 

} 3 

} 54 

} 138 

} 3 

} 141 

} 57 

} 141 

596 

3 

351 

837 

79 
7 

24 

3 

92 
7 

27 

789 
294 

4,617 
243 

6,338 

46 

216 
18 

601 

5 

38 
3 

8 

13 

3 

51 

254 
21 

609 

1,385 
294 

4,968 
243 

7,175 

54 

346 
28 

636 

} 241 

} 22 

} 3 

} 25 

} 1,566 

} 109 

} 19 

} 128 

} 1,807 

} 153 

334 

0 

0 

0 

5,845 

143 

9 

152 

6,179 

152 

(1) 
(2) 
(3) 

(4) 
(5) 

Austria did not supply differentiated data for the year 1999. 
Member State did not supply differentiated data concerning the offences recorded. 
France does not distinguish between nationals and non-nationals but between residents and non-residents. No differentiated data concerning the offences recorded and the carriage of 
goods and persons were provided.  
Greece did not supply data. 
Data included in numbers for “driving more than 4.5 hours without a break”. 

26 

 
 
  
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
4.3 

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

Member State

Type of offence 

PASSENGERS 

GOODS 

PASSENGERS 
GOODS 

AND 

Austria(1) 

Belgium   

Denmark(2)   

Finland 

France(3)   

Germany 

Greece  
Ireland 

Italy 

Luxembourg 
(2) 
Netherlands  

Portugal 

Spain 

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

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

Nationals 

EEC 

third 
countries 

} 449 

} 201 

} 210 

Total 
non-
nationals 
} 411 

nationals  EEC 

third 
countries 

Total  non-
nationals 

nationals 

Non-
nationals 

} 5,724 

} 2,385 

} 1,298 

} 3,683 

} 6,173 

} 4,094 

526 
38 
} 3,400 

6,035 
67 

1,049 
96 
} 19 

2 

106 
5 

40 
8 

1,155 
101 
} 19 

42 
8 

189,408 
5,666 

18,675 
777 

14,146 
886 

32,821 
1,663 

2,681 
234 
10,575 
1,639 
} 50 

4,129 
22 
2,856 
359 
9,311 
313 

555 
70 
} 125 

821 

120 
28 
812 

80 
7 
} 3 

217 
730 
13 
2 
113 

28 
12 
635 
77 
} 128 

1,038 
730 
133 
30 
925 

549 
39 
} 3,679 

6,333 
74 
63,993 
1,147 
195,097 
6,443 

2,752 
254 
11,223 
1,719 
}52 

5,432 
22 
3,123 
493 
10,329 
395 

1,174 
101 
} 20 

42 
8 
8,785 
110 
33,499 
2,011 

32 
14 
649 
78 
} 130 

1,052 
730 
187 
53 
962 

5 

14 

} 1 

23 
1 
} 279  

298 
7 

5,689 
777 

274 
328 

404 
20 

71 
20 
648 
80 
} 2 

1,303 

267 
134 
1,018 
82 

14 
1 
} 2 

11 

40 
14 
32 

3 

14 
9 
5 

19 

} 1 

678 
348 

4 
2 
14 
1 
} 2 

14 

54 
23 
37 

27 

 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Member 
State 

Type of offence 

PASSENGERS 

National 

EEC 

Third- 
Countries 

Total 
non- 
nationals 

GOODS 

National  EEC 

PASSENGERS 
GOODS 

AND 

nationals 

non-
nationals 

Third  
countries 

Total  
non-
nationals 

Sweden   

United 
Kingdom 

-daily 
-weekly 
-daily 
-weekly(4) 

404 
68 
298 
292 

66 

4 
1 

9 

12 
- 

75 

16 
1 

1,808 
92 
3,260 
994 

382 
13 
1,293 
329 

47 
1 
78 
31 

429 
14 
1,371 
360 

2,212 
160 
3,558 
1,286 

504 
14 
1,387 
361 

Note: 
(1) 
(2) 
(3) 
(4) 

Austria did not supply differentiated data for the year 1999. 
Member State did not supply differentiated data concerning the offences recorded. 
France does not distinguish between nationals and non-nationals but between residents and non-residents. 
These figures also refer to offences for exceeding six daily driving period. 

28 

 
 
  
 
 
 
 
 
 
 
 
4.4 

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

Member State 

Type of offence 

Nationals  EEC 

} 83 

} 49 

Third 
countries 
} 19 

non-

Total 
nationals 
} 68 

Austria(1) 

Belgium(2) 

Denmark(3)  

Finland 

France(5)  

Germany 

Greece (4) 

Ireland(3) 

Italy(6)  

Luxembourg 
(3) 
Netherlands 
(3)  
Portugal 

Spain  

Sweden  

United 
Kingdom 

- 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 

9 

} 437 

243 
173 

290 
895 

93 
222 

751 

27 
0 
0 

7 
27 

39 
61 

} 153 

46 
88 

43 

1 

44 

5 
8 

25 

3 
6 

4 

0 
5 

5 
8 

29 

3 
11 

Note: 
(1)  Austria did not supply differentiated data for the year 1999. For the year 2000 differentiated data  

was supplied and is as follows: 

Offence Passengers 

Nationals 

EEC 

Third Countries Tot.non-nationals 

Data not possible  
to distinguish 
Faulty 
Incorrectly applied 

4 

1 
17 

45 

0 
1 

13 

0 
2 

58 

0 
3 

(2) 

Belgium supplied data, which referred to offences recorded according to Regulation (ECC) No 3821/85. 
Therefore, these figures (5,603 offences) have not been included in this table. 

(3)  None recorded.   
(4)  Data not supplied 
(5) 

France does not distinguish between nationals and non-nationals but between residents and non-residents, 
and did not provide desegregated figures concerning type of offence.  
Figures provided are not complete as it was impossible to locate 3370 offences in 1999 and 5822 in 2000. 
However, these figures are included in the total number of the recorded offences (see Table 5.2 page 9). 

(6) 

29