Commission staff working document - Annex to the Report from the Commission on the implementation in 2001-2002 of Regulation (EEC) 3820/85 on the harmonisation of certain social legislation relating to road transport  (22nd report from the Commission on the implementation of the social legislation relating to road transport) {COM(2006) 321 final}
Date: 2006-06-21
Institutions: European Commission
Subjects: activity report, drivers, road transport, traffic control, working conditions













EUR-Lex - 52006SC0791 - EN






Important legal notice




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52006SC0791

Commission staff working document - Annex to the Report from the Commission on the implementation in 2001-2002 of Regulation (EEC) 3820/85 on the harmonisation of certain social legislation relating to road transport  (22nd report from the Commission on the implementation of the social legislation relating to road transport) {COM(2006) 321 final}  /* SEC/2006/0791 */  








[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |Brussels, 21.6.2006SEC(2006) 791COMMISSION STAFF WORKING DOCUMENTAnnex to theREPORT FROM THE COMMISSIONOn the implementation in 2001-2002 of Regulation (EEC) 3820/85 on the harmonisation of certain social legislation relating to road transport(22nd report from the Commission on the implementation of the social legislation relating to road transport){COM(2006) 321 final}Further information and annexes concerning the implementation in 2001-2002 of Regulation (EEC) 3820/85 on the harmonisation of certain social legislation relating to road transport(22nd report from the Commission on the implementation of the social legislation relating to road transport)COMMISSION STAFF WORKING DOCUMENTFurther information and annexes concerning the implementation in 2001-2002 of Regulation (EEC) 3820/85 on the harmonisation of certain social legislation relating to road transport(22nd report from the Commission on the implementation of the social legislation relating to road transport)Table of contents1. National initiatives 31.1. Regulatory measures 31.2 Administrative measures 42. Penalties 52.1 Scales 53. TABLE OF PENALTIES 64. Additional Information on penalties 75. Comments from the Member States 8OTHER STATISTICAL DATA 111. Reference period 112. Annex B Calculation of minimum checks to be carried out 113. Checks 123.1 Number of checks at the roadside 123.2 Number of drivers checked at the premises of undertaking 143.3 Number of working days checked at the roadside 153.4 Number of working days checked at premises of undertaking 184. Offences 194.1 Article 6 of Regulation (EEC) No 3820/85 : driving period 194.2 Article 7 of Regulation (EEC) No 3820/85: breaks 244.3 Article 8 of Regulation (EEC) No 3820/85: rest periods 284.4 Article 14 of Regulation (EEC) No 3820/85: Service timetable and Duty roster 311. NATIONAL INITIATIVES1.1. Regulatory measuresGermany submitted current versions of followings documents Fahrpersonalgesetz (Law on driving personnel) and Fahrpersonalverordnung (Regulation on driving personnel). The Order of 6 June 1990 pursuant to Council Directive 88/599/EEC of 23 November 1988 on checking procedures for the implementation of Regulation (EEC) No 3820/85 and Regulation (EEC) No 3821/85 has not yet been adjusted to take account of the introduction of digital recording equipment. Drivers of vehicles exceeding 3.5 t. are required to keep records of driving times and rest periods. This is a procedural requirement which is governed by §6 of the above Regulation on driving personnel and which applies both to German and foreign drivers. Failure to comply with this legislation is punishable by a fine. National driving times and rest periods correspond to those in Regulation (EEC) No 3820/85.The Netherlands pursues an enforcement policy which emphasises prevention through the conclusion of agreements for improving an undertaking’s levels of compliance. Data gathered from roadside checks may lead inspectors to a particular undertaking – following investigation, agreements are concluded to improve compliance. Failure to abide by such agreements results in legal action being taken.The year 2000 saw the introduction of a system of administrative random checks to monitor compliance with the rules laid down in the Working Time (Transport) Decree. Such monitoring previously took the form of random roadside checks, known as NCM checks. Beginning in 2000, these random roadside checks were completely replaced by administrative checks. Every quarter, a number of authorisation holders are selected from the records of authorisations granted. They are selected in such a way to ensure a reasonable spread with regard to the size of the undertakings, but selection is otherwise random. A total of 2600 undertakings which transport goods for hire or reward were contacted, 2342 of them responded by sending in their tachograph discs, 413 undertakings were, for a variety of reasons, excluded from further checks, (e.g. owing to bankruptcy or because they were not required to use tachographs), leaving 1929 undertakings which were subjected to more detailed investigation. Altogether, 65122 record sheets were processed, relating to 14320 drivers. 6.2 % of the undertakings were found to have misused the tachographs. 1 % of drivers were found to have had extremely short rest periods, i.e. less than 50% of the statutory daily rest period (also referred to as a ‘double offence’). It must be borne in mind that a double offence owing to excessively short rest periods automatically results in an offence with regard to daily driving periods.In the case of own account operators, the investigations were carried out by the Labour Inspectorate of the Ministry of Social Affairs and Employment, following on from offences detected as a result of roadside checks carried out by the Transport Division of the Transport, Public Works and Water Management Inspectorate (IVW) and the police. In all, 500 undertakings were visited and a total of 48260 record sheets were checked, relating to 2826 drivers.In the United Kingdom , under the Transport Act 2000, a new power was introduced in February 2001 enabling enforcement authorities to prohibit drivers of UK registered vehicles from continuing their journey where these drivers exceeded the permitted driving time, or had taken insufficient rest. An equivalent measure was already in place for drivers of foreign registered vehicles.1.2 Administrative measuresIn France , the number of people carrying out checks on the roads has increased from 440 inspectors in 2001 to 450 controllers in 2002. The efforts to equip the enforcement services with special purpose vehicles have continued. At the end of 2002 the fleet consisted of 174 vehicles.In the case of Finland , during 2001-2002 the number of breaches leading to indictment was 1923 according to the statistics of the National Traffic Police. During both years, a small number of minor infringements were observed, for which the Police issued a written notice but did not include them in the statistics. These breaches included in most cases erroneous use of the time zone selector or omission of its use.Current enforcement practice involves infringements observed by the Occupational Safety Authorities being registered in the form of a notice. The infringements observed by the Occupational Safety Authority are, if appropriate, submitted for criminal instruction by the Occupational Safety Administrative District to the Public Prosecutor, as the Occupational Safety Authorities do not have the competence to order fines. The Customs Department and the Border Guard Department have not recorded the sanctions they have given. The sanctions for breaches against the provisions on driving time and rest periods in most cases consist of oral or written notices, or else the driver was ordered to take his minimum rest period.Under the United Kingdom’s operator licensing system, all operators undertake to carry out regular checks of drivers’ hours and to have relevant administrative systems in place. Operators who frequently breach the rules and/or do not carry out adequate checks to ensure compliance, risk having their operator’s licence suspended, curtailed or revoked.The main enforcement agency, the Vehicle Inspectorate (known since April 2003 as the Vehicle and Operator Service Agency) has continued to refine its enforcement activity. In addition to routine checks for drivers’ hours’ compliance, it targets enforcement activity at particular locations and suspected drivers and operators. To improve further the effectiveness of this targeting activity, a new initiative, known as Performance Gain was introduced in 2001. This looks at outcomes of vehicle inspections – for example, offences detected and/or prosecutions – rather than number of inspections carried out. Its purpose is to highlight offenders and to target non–compliant operators and those drivers who habitually breach road safety legislation. This lifts the burden of enforcement from those who are normally compliant, though occasional checks are still made on the latter to ensure their standards have not slipped. The effectiveness of this initiative is reflected in the ratio of offences recorded against the number of charts checked. In 2001 – 2002, enforcement authorities’ recorded 1 offence for every 103 charts checked, compared with 1 offence for every 243 charts checked in 1999-2000.The Vehicle Inspectorate carried out 13 large–scale roadside checks during 2001-2002 – eight of these were specifically targeted at passenger vehicle operations; four were carried out in combination with other enforcement agencies and one was a European check, carried out in combination with other EU Member States and specifically targeted at dangerous goods vehicles.Another initiative introduced in 2001, involves examiners visiting all new operators to advise and educate them to help prevent offences being committed through ignorance or misunderstanding. The visit also includes a check of the systems operators have in place to ensure that drivers do not breach the rules.2. PENALTIES2.1 ScalesBelgium, Germany, France, the Netherlands , Austria, Finland, Sweden and the UK provided information on the scale of penalties imposed for violations to the Regulation (EEC) No 3820/85. A wide range of fines among Member States is still apparent.Belgium has reported changes to the level of the penalties for 2001-2002. They published the Royal decree of 7 may 2002 (B.M, 30 May 2002) and the Ministerial decree of 8 may 2002 (B.M, 30May 2002). An important change in relation to earlier law is the introduction of co–liability for the consigner, the loader, the freight forwarder.In the case of France , the administrative sanctions commissions asked the municipal authorities to take necessary administrative measures against national companies whose record is particularly sub-standard. These sanctions consist of the temporary withdrawal or permanent withdrawal of the community licence copy or withdrawal of transport authorisations. Since 30 August 1999, there has also been the possibility in certain cases, to immobilise one or more of the company’s vehicles.In the case of the Netherlands , the total amount of penalties handed down amounted to 790492 EUR (exclusively transactions undertaken by inspectors in connection with offences found to have been committed by foreign drivers).Austria applies penalties ranging from 36 to 2180 EUR. The sanction of imprisonment for up to 6 months is available for infringements concerning driving time and breaks, with additional limitations arising from Title no 102, paragraph 12 of the law concerning circulation of the Heavy Goods vehicles (Kraftfahrgesetz ). The date of last modification Arbeitszeitgesetz BGB1, no 461/1969 was published in BGB1. I no. 122/2002.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.Sweden imposes a 1200 Swedish kronor fine for primary offences and a 600 Swedish kronor fine for secondary or similar offences.In the UK , the maximum fines for drivers’ hours and tachograph offences and for those who cause or permit them range from 200 GBP to 5000 GBP. In addition to a fine, the offences of falsifying a chart and altering or forgoing a seal on a tachograph carry a penalty of up to two years imprisonment.3. TABLE OF PENALTIESMember State | Type of penalty |Minor offences | Serious offences |Austria[1] | € 36 | € 2,180 |Belgium[2] | € 62 | € 248 |Denmark | 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. |Finland | The violations are punished using the “day-fine” criterion. The sum of one day-fine depends on the defendant’s income and the number of their dependants. The number of day-fines imposed respects the severity of the offence and varies between 4 and 12. |France[4] | € 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. |Germany | 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. |Greece1 |Ireland1 |Italy2 | € 16 minimum | € 4,447 |Luxembourg1 |Netherlands4 | There are set fines for each breach of a provision of the Regulation ranging from € 45 to € 1,365. ( Penalties has amounted to 790492 EUR – exclusively transactions in the hands of inspectors in connection with offences found to have been committed by foreign drivers who were stopped) |Portugal1 |Spain2 | € 30 – 284 | € 284 – 1,388 (First Category) € 1,388 – 2,414 (Second Category) |Sweden | 1200 Swedish kronors for primary offences, 600 Swedish kronor for secondary offences |United Kingdom | The fines imposed for drivers and those who cause or permit drivers’ hours and tachograph 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. |4. ADDITIONAL INFORMATION ON PENALTIESGermany provided the following additional statistics:Passenger transport | Goods transport |Cautions with exemplary fines | 9 573 | 173 387 |Fines imposed (including decisions that may be open to appeal) | 3 810 | 210 536 |Total | 13 383 | 383 923 |Drivers prevented from continuing their journey | 2 397 | 59 461 |France forwarded the following table:Numbers of companies sanctioned in France | 2001 | 2002 |325 | 358 |Certified copies | Complete withdrawal | 232 | 162 |Suspensions | 531 | 341 |Authorisations | Complete withdrawal | 0 | 1 |Suspensions | 102 | 0 |5. COMMENTS FROM THE MEMBER STATESBelgium notified that the number of written warnings and on the spot fines decreased from 11 110 in 2000 to 9537 in 2001. Infringements of Regulations (EEC) 3820/85 and 3821/85 comprised 52 % of the total number of offences detected. A serious problem still exists. During 3141 checks at the premises of the undertakings (tachograph sheets) 1225 written warnings were given and 1335 notifications were given. Here as well, there were no improvements in comparison to previous years.While fewer offences were detected at the roadside, over 200 more offences overall were noted than the previous year (10.686 to 9837). More than half of the offences detected were against the driving time and rest period rules, of which 33 % related to the driving time and rest periods, and 24 % to the incorrect use of the tachograph. (+ fraud). The Belgian authorities underlined their concern particularly in terms of road safety.Nationally and internationally (through Euro Control Route) the basis has been established to work together and to exchange information between enforcement agencies as quickly as possible in cases of serious infringements. During 2001-2002, in 3503 checks on the premises (record sheets) 1358 warnings were given and 1555 notifications given.In the case of Germany , the actual overall check is over 4 %. The number of drivers/vehicles from “other Member States” and “third countries” checked in the goods transport sector exceeded that for German nationals. This is due to Germany having by far the highest volume of transit traffic. Fewer German vehicles (-8.8%), more vehicles from other Member States (+4.4%), but fewer vehicles from third countries (-3.3%) were checked compared with the two preceding years. This may mainly be due to the sharp increase in transport within the EU area. Checks on working days at the roadside have been stepped up.Despite the lower number of vehicles, the number of offences committed by German drivers within the passenger transport sector increased by 9.8%, whereas that for the goods transport sector remained almost unchanged.The number of offences committed by drivers in the passenger transport sector from other EU/EEA States remained almost unchanged, but in the goods transport sector the number rose considerably by 24.6%.The number of offences committed by drivers from third countries rose by 21.3%, and in the goods transport sector by 18.2%. Here it should be noted that in total fewer vehicles were checked in this category.It is very clear from the checks for infringements of the requirement to use recording equipment that the number of detected offences by German drivers has increased by almost 100%. Offences by drivers from third countries increased by 23.5%. The number of fines/cautions with exemplary fines decreased significantly in the passenger transport sector (13 383 compared with 18 559 = a reduction of 27.9%); however, the number of drivers prevented from continuing their journey rose by 86.1% (from 1 288 to 2 397). There were no major changes in the goods transport sector.In summary, it is noted that the situation regarding driving times and rest periods has not changed significantly.The German authorities view the situation in the passenger transport sector with concern. As the observed rise in the number of offences for this sector is not reflected by a higher number of prosecutions, they surmise that the number of multiple offenders has risen. (Drivers had to be prevented from continuing their journey far more frequently (+86%).The scope for proving that an offence has been committed by a company/freight forwarder continues to be unsatisfactory. The Commission proposal of 17 October 2001 on the harmonisation of social legislation and improvement of the protection of dependent drivers is warmly welcomed.The Netherlands concluded that in the reporting period, the Transport Division of the IVW (previously the RVI) took further steps to develop a preventive approach aimed at promoting compliance with the Regulation 3820/85, based on concluding as many agreements as possible with transport operators concerning the way in which their undertakings are to comply with the rules. Failure to abide by these agreements results in criminal proceedings. Under this system, each undertaking has to undergo checks at least once during an agreed period. If such checks reveal serious offences, criminal proceedings are initiated immediately. In cases where offences are detected during roadside checks, criminal proceedings are initiated immediately. In cases where reportable offences are detected during roadside checks, criminal proceedings are initiated immediately. The details of such offences are also used in order to carry out selective checks on undertakings. In 2002, the first steps were taken towards devising a way of measuring compliance levels.In Austria , checking data concerning driving time and rest periods is carried out partially on an automatic basis. Two systems – ADAS and DAKO – are used. This automatic check aims to guarantee a common working method.In 2001 – 2002, the number of registered vehicles coming within the scope of the Regulation declined. This drop could be caused by company relocation to new Member States. Inspections on the rules stemming from Regulations 3820/85 and 3821/85 have been moved gradually to checkpoints at motorway lay-bys and to the external borders of the Union. Training of officers responsible for checking driving time and rest periods has been intensified as has training concerning the detection of tachograph fraud.Finland reported that during 2001-2002 the number 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 directly from a computer terminal.The United Kingdom shows a significant increase (166 %) in the number of offences recorded despite the decrease in the number of checks carried out. The authorities believe this is due to two factors. First, the effectiveness of the targeting policy. Second, the figures now include drivers prohibited from proceeding. Previously, these types of offences would have resulted in formal or oral warnings not included in the figures.The increase in the number of goods vehicle offences recorded for third country drivers is due to the increased number of such drivers operating within the UK and hence increased likelihood of their being subject to a check. Whilst the increase is large in percentage terms (665 %), this was from a low base and the offences for third countries represent only 2.54 % of the total number of offences recorded.The UK authorities, like the German authorities, consider that a significant gap in the return is the lack of a requirement to provide any information about tachograph offences – for example, failing to produce tachograph charts, incorrect completion (centre field/ wrong mode switch etc.) defective and fraudulent use of tachograph. There is a clear relationship between these offences and infringements of the rules themselves, because the motive for tachograph offences is to mask drivers’ hour’s offences. In the UK, there were 12629 goods vehicle and 1403 passenger vehicle tachograph related offences during 2001-2002.OTHER STATISTICAL DATA1. REFERENCE PERIODFrom 1 January 2001 to 31 December 2002.2. ANNEX B CALCULATION OF MINIMUM CHECKS TO BE CARRIED OUT(Article 2 of Directive 88/599/EEC)Member state | (a) | (b) | (c) | (d) |Number of working days per driver during the reference period | Total number of vehicles subject to Regulation (EEC) No 3820/85 | Total number of working days | Minimum checks |(annual average) | (a x b) | (1 % of c) |Austria | 480 | 91 477 | 43 908 960 | 439 090 |Belgium | 440 | 163 700 | 72 028 000 | 720 280 |Denmark | 440 | 47 500 | 20 900 000 | 209 000 |Finland | 440 | 61 400 | 27.016 000 | 270 160 |France | 480 | 521 875 | 250 500 000 | 2 500 000 |Germany | 480 | 722 925 | 347 004 000 | 3 470 040 |Greece * | 560 | 1 744 | 488 320 | 4 883 |Ireland | 460 | 127 184 | 58 504 604 | 585 046 |Italy | 390 | 561 449 | 218 965 110 | 2 189 651 |Luxembourg | 450 | 18.089 | 8 139 825 | 81 398 |Netherlands | 433 | 126.310 | 54 692 230 | 546 922 |Portugal | 430 | 272.129 | 58.507.735 | 585.077 |Spain | 480 | 420.000 | 201.600.000 | 2.016.000 |Sweden | 440 | 100.000 | 44.000.000 | 440.000 |United Kingdom | 465 | 443.415 | 206.187.975 | 2.061.880 |* Revised data provided by Greece, following queries by Commission, and set out as given.3. CHECKS3.1 Number of checks at the roadsideMember state | Type of transport | EEC | Third countries | Total non-nationals |Nationals | Other Member States |Austria | carriage of passengers | 3 347 | 1 587 | 1 791 | 3 378 |carriage of goods | 86 783 | 24 988 | 41 054 | 66 042 |total number | 90 130 | 26 575 | 42 845 | 69 420 |Belgium | carriage of passengers | 5 250 | 3 728 | 532 | 4 260 |carriage of goods | 83 532 | 61 824 | 10 333 | 72 157 |total number | 88 782 | 65 552 | 10 865 | 76 417 |Denmark | carriage of passengers |carriage of goods |total number | 75 769 | 8 542 | 852 | 9 394 |Finland | carriage of passengers | 2 292 | 315 | 340 | 655 |carriage of goods | 52 290 | 11 749 | 4 744 | 16 493 |not distinguished | 17 |total number | 54 899 | 12 064 | 5 084 | 17 148 |France | carriage of passengers | 62 282 | 24 467 | 24 467 |carriage of goods | 1 233 488 | 321 063 | 321 063 |total number | 1 295 770 | 345 530 | 345 530 |Germany | carriage of passengers | 89 658 | 27 906 | 25 552 | 53 458 |carriage of goods | 2 601 138 | 1 402 255 | 1 432 353 | 2 834 608 |total number | 2 690 796 | 1 430 161 | 1 457 905 | 2 888 066 |Greece | carriage of passengers | 1 036 | 17 | 885 | 902 |carriage of goods | 1 752 | 17 | 1 653 | 1 670 |total number | 2 788 | 34 | 2 538 | 2 572 |Ireland | carriage of passengers | 10 381 | 1 195 | 334 | 11 910 |carriage of goods | 41 769 | 4 966 | 568 | 47 303 |not distinguished | 2 090 | 539 | 278 | 2 907 |total number | 54 240 | 6 700 | 1 180 | 62 120 |Italy | carriage of passengers | 88 242 | 9 764 | 959 | 10 723 |carriage of goods | 657 873 | 60 787 | 7 471 | 68 258 |not distinguished | 2 896 | 898 | 401 | 1 299 |total number | 749 011 | 71 449 | 8 831 | 80 280 |Luxembourg | carriage of passengers | 41 | 860 | 6 | 866 |carriage of goods | 4 526 | 9 788 | 610 | 10 398 |total number | 4 567 | 10 648 | 616 | 11 264 |Netherlands | carriage of passengers | 2 175 | 535 | 88 | 623 |carriage of goods | 50 849 | 22 053 | 5 630 | 27 683 |total number | 53 024 | 22 588 | 5 718 | 28 306 |Portugal | carriage of passengers |carriage of goods | 1 216 | 1 216 |not distinguished | 647 510 | 647 510 |total number | 648 726 | 648 726 |Spain | carriage of passengers | 217 925 | 38 078 | 5 309 | 43 387 |carriage of goods | 1 177 918 | 185 043 | 15 361 | 200 404 |total number | 1 395 843 | 223 121 | 20 670 | 243 791 |Sweden | carriage of passengers | 5 130 | 389 | 161 | 550 |carriage of goods | 89 118 | 20 840 | 7 191 | 28 031 |total number | 94 248 | 21 229 | 7 352 | 28 581 |United Kingdom | carriage of passengers | 27 851 | 976 | 327 | 1 303 |carriage of goods | 322 361 | 48 486 | 8 966 | 57 452 |total number | 350 212 | 49 462 | 9 293 | 58 755 |3.2 Number of drivers checked at the premises of undertakingMember state | Carriage of passengers | Carriage of goods | Carriage on own account | Carriage for hire or reward |Austria | 1 054 | 15 650 | 1 783 | 14 759 |Belgium | 181 | 3 414 | 751 | 5 712 |Denmark** |Finland | 1 151 | 4 401 | 580 | 4 980 |France | 13 969 | 113 624 | 5 416 | 122 177 |Germany | 10 901 | 89 232 | 14 576 | 0 |Greece | 392 | 276 | 7 |Ireland | 510 | 10 445 | 2 596 | 8 260 |Italy | 2 344 | 14 138 | 3 075 | 16 411 |Luxembourg | 593 | 3 353 | 1 296 |Netherlands | 4 928 | 21 686 | 2 826 | 18 860 |Portugal * |Spain | 12 100 | 44 282 | 5 727 | 50 655 |Sweden | 1 292 | 4 746 | 90 | 4 177 |United Kingdom | 1 563 | 9 229 | 1 479 | 9 313 |* Portugal only provided an overall figure: 9324** Data not provided by the MS3.3 Number of working days checked at the roadsideMember state | Type of transport | EEC | Third countries | Total non-nationals |Nationals | Other Member States |Austria | carriage of passengers | 14 741 | 5 778 | 9 643 | 15 421 |carriage of goods | 255 641 | 78 044 | 138 013 | 216 057 |total number | 270 382 | 83 822 | 147 656 | 231 478 |Belgium | carriage of passengers | 18 416 | 15 231 | 2 091 | 17 322 |carriage of goods | 280 706 | 240 118 | 40 471 | 280 589 |total number | 299 122 | 255 349 | 42 562 | 297 911 |Denmark | carriage of passengers |carriage of goods |total number | 227 998 | 25 634 | 2 559 | 28 193 |Finland | carriage of passengers | 7 690 | 658 | 966 | 1 624 |carriage of goods | 167 853 | 35 283 | 13 871 | 49 154 |not distinguished | 74 |total number | 175 617 | 35 941 | 14 837 | 50 778 |France | carriage of passengers | 195 744 | 71 178 | 71 178 |carriage of goods | 3 861 502 | 1.105.510 | 1.105.510 |total number | 4 057 246 | 1 176 688 | 1 176 688 |Germany | carriage of passengers | 199 389 | 61 557 | 54 119 | 115 676 |carriage of goods | 6 030 293 | 3 271 754 | 3 471 527 | 6 743 281 |total number | 6 229 682 | 3 333 311 | 3.525.646 | 6 858 957 |Greece | carriage of passengers | 3 784 | 305 | 867 | 1 172 |carriage of goods | 16 966 | 2 710 | 1 630 | 4 340 |total number | 20 750 | 3 015 | 2 497 | 5 512 |Ireland | carriage of passengers | 10 843 | 868 | 137 | 11 848 |carriage of goods | 52 509 | 818 | 215 | 53 542 |total number | 63 352 | 1 686 | 352 | 65 390 |Italy | carriage of passengers | 116 181 | 10 484 | 1 801 | 12 285 |carriage of goods | 2 225 369 | 95 314 | 9 477 | 104 791 |not distinguished | 94 760 | 13 556 | 266 | 13 822 |total number | 2 436 310 | 119 354 | 11 544 | 130 898 |Luxembourg | carriage of passengers | 100 | 3 038 | 22 | 3 060 |carriage of goods | 16 539 | 32 160 | 2 142 | 34 302 |total number | 16 639 | 35 198 | 2 164 | 37 362 |Netherlands | carriage of passengers | 4 350 | 1 070 | 176 | 1 246 |carriage of goods | 101 698 | 44 160 | 11 260 | 55.420 |total number | 106 048 | 45 230 | 11 436 | 56 666 |Portugal | carriage of passengers | 360 | 11 | 11 |carriage of goods | 3 300 | 156 | 19 | 175 |total number | 647 510 | 167 | 19 | 186 |Spain | carriage of passengers | 408 062 | 66 872 | 10 732 | 77 604 |carriage of goods | 2 366 032 | 339 706 | 28 562 | 368 268 |total number | 2 774 094 | 406 578 | 39 294 | 445 872 |Sweden | carriage of passengers | 16 670 | 1 175 | 415 | 1 590 |carriage of goods | 278 468 | 65 436 | 22 691 | 88 127 |total number | 295 138 | 66 611 | 23 106 | 89 717 |United Kingdom | carriage of passengers | 106 263 | 3 319 | 1 033 | 4 352 |carriage of goods | 1 373 657 | 147 161 | 31 717 | 178 878 |total number | 1.479.920 | 150 480 | 32 750 | 183 230 |3.4 Number of working days checked at premises of undertakingMember state | Carriage of passengers | Carriage of goods | Carriage on own account | Carriage for hire or reward |Austria | 12 731 | 194 042 | 21 804 | 183 663 |Belgium | 7 285 | 16 767 | 232 213 |Denmark | 8 702 | 43 895 | 2 514 | 41 381 |Finland | 15 441 | 121 252 | 16 462 | 120 458 |France | 231 610 | 1 710 174 | 61 741 | 1 880 043 |Germany | 153 973 | 1 307 697 | 193 288 |Greece | 3 686 | 10 180 | 570 | 890 |Ireland | 1 260 | 808 511 |Italy | 419 442 | 1 335 279 | 402 130 | 1 583 221 |Luxembourg | 12 640 | 110 288 | 6 288 | 116 640 |Netherlands | 140 400 | 294 982 | 48 260 | 246 722 |Portugal * |Spain | 262 011 | 1 195 697 | 129 070 | 1 328 638 |Sweden | 21 242 | 148 076 | 3 537 | 96 184 |United Kingdom | 250 027 | 2 255 298 | 368 857 | 1 886 441 |* Portugal provided only an overall figure of 27144. OFFENCES |Number of offences recorded |4.1 Article 6 of Regulation (EEC) No 3820/85 : driving period |Member State | Type of offence | Passengers | Goods | Total P & G |Nationals | EEC | Third countries | Total non-nationals |Austria | - faulty | 22 | 112 | 25 | 137 |-incorrectly applied | 4 | 1 | 3 | 4 |Belgium | - faulty |-incorrectly applied |Denmark | - faulty | 10 |-incorrectly applied |Finland | - faulty | 16 |-incorrectly applied |France | - faulty | 470 | 156 | 156 |-incorrectly applied |Germany | - faulty | 131 | 21 | 443 | 464 |-incorrectly applied | 38 | 9 | 51 | 60 |Greece | - faulty |-incorrectly applied |Ireland | - faulty |-incorrectly applied | 14 |Italy | - faulty | 5584 |-incorrectly applied | 116 |Luxembourg | - faulty |-incorrectly applied |Netherlands | - faulty |-incorrectly applied |Portugal | - faulty |-incorrectly applied |Spain | - faulty | 0 |-incorrectly applied | 507 | 57 | 39 | 96 |Sweden | - faulty | 11 | 2 | 2 |-incorrectly applied | 10 |United Kingdom | - faulty | 2 | 4 | 0 | 4 |-incorrectly applied | 10 | 10 |[1] Member State did not supply these data.[2] 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.[3] From 1 September 2001 the level for drivers was raised tised to € 67.[4] Figures for France and the Netherlands are those registered in the previous report as these countries did not communicate any change in their legislation.