Commission Directive 2009/5/EC of 30 January 2009 amending Annex III to Directive 2006/22/EC of the European Parliament and of the Council on minimum conditions for the implementation of Council Regulations (EEC) Nos 3820/85 and 3821/85 concerning social legislation relating to road transport activities (Text with EEA relevance)
Date: 2009-01-30
Institutions: European Commission
Subjects: measuring equipment, road safety, road transport, speed control, traffic control, traffic offence

31.1.2009

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Official Journal of the European Union

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DIRECTIVES

COMMISSION DIRECTIVE 2009/5/EC

of 30 January 2009

amending Annex III to Directive 2006/22/EC of the European Parliament and of the Council on
minimum conditions for the implementation of Council Regulations (EEC) Nos 3820/85 and
3821/85 concerning social legislation relating to road transport activities

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

Having regard to the Treaty
Community,

establishing the European

the European
Having regard to Directive 2006/22/EC of
Parliament and of
the Council of 15 March 2006 on
minimum conditions for the implementation of Council Regu­
lations (EEC) Nos 3820/85 and 3821/85 concerning social
legislation relating to road transport activities and repealing
88/599/EEC (1),
particular
Council
Directive
Article 9(3) thereof,

and

in

Whereas:

(1)

(2)

(3)

Directive 2006/22/EC contains in its Annex III an initial
list of infringements of Regulation (EC) No 561/2006 of
the European Parliament and of the Council of 15 March
2006 on the harmonisation of certain social legislation
relating to road transport and amending Council Regu­
lations (EEC) No 3821/85 and (EC) No 2135/98 and
repealing Council Regulation (EEC) No 3820/85 (2) as
well as Council Regulation (EEC) No 3821/85 of
20 December 1985 on recording equipment
in road
transport (3).

Article 9(3) of Directive 2006/22/EC provides for the
possibility to adapt that Annex with a view to estab­
lishing guidelines on a common range of infringements,
divided into categories. The most serious infringements
are to include those which create a serious risk of death
or serious personal injury.

Providing further guidance on the categorisation of
infringements is an important step towards ensuring
legal certainty for undertakings and fairer competition
between undertakings.

(1) OJ L 102, 11.4.2006, p. 35.
(2) OJ L 102, 11.4.2006, p. 1.
(3) OJ L 370, 31.12.1985, p. 8.

A harmonised categorisation of
infringements is also
desirable in order to provide a common basis for the
risk rating systems which Member States have to
introduce
to Article 9(1) of Directive
2006/22/EC. Based on these harmonised categories, the
inclusion of infringements committed by a driver or an
undertaking in other Member States than the Member
State of establishment would be facilitated.

according

As a general rule, the categorisation of
infringements
should depend on their gravity and the possible conse­
quences for road safety, as well as on the ability to
the driver’s and the undertaking’s compliance
control
with the legislation.

The measures provided for
in this Directive are in
accordance with the opinion of the Committee set up
by Article 18(1) of Regulation (EEC) No 3821/85,

(5)

(6)

HAS ADOPTED THIS DIRECTIVE:

Article 1

Annex III to Directive 2006/22/EC is replaced by the text in the
Annex to this Directive.

Article 2

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive by 31 December 2009 at
the latest. They shall
forthwith communicate to the Commission the text of those
provisions and a correlation table between those provisions and
this Directive.

When Member States adopt those provisions, they shall contain
a reference to this Directive or be accompanied by such a
reference on the occasion of their official publication. Member
States shall determine how such reference is to be made.

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2. Member States shall communicate to the Commission the text of the main provisions of national law
which they adopt in the field covered by this Directive.

This Directive shall enter into force on the 20th day following its publication in the Official Journal of the
European Union.

Article 3

This Directive is addressed to the Member States.

Article 4

Done at Brussels, 30 January 2009.

For the Commission

Antonio TAJANI
Vice-President

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Official Journal of the European Union

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ANNEX

‘ANNEX III

Infringements

In accordance with Article 9(3), the following table contains guidelines on a common range of infringements against
Regulation (EC) No 561/2006 and Regulation (EEC) No 3821/85, divided into categories according to their gravity.

1. Groups of infringements against Regulation (EC) No 561/2006

No

Legal basis

Type of infringement

Level of seriousness (*)

VSI

SI

MI

Crew

Art. 5.1

Not respecting minimum ages for drivers

Driving periods

Art. 6.1

Exceed daily driving time of 9 h if possi­
bilities to extend to 10 h not allowed

Exceed extended daily driving time of
10 h if extension allowed

Art. 6.2

Exceed weekly driving time

A

A1

B

B1

B2

B3

B4

B5

B6

B7

B8

B9

B10

Art. 6.3

Exceed accumulated driving time during
2 consecutive weeks

Art. 7

Exceed uninterrupted driving time

Breaks

9 h<…<10 h

10 h<…<11 h

11 h<…

10 h<…<11 h

11 h<…<12 h

12 h<…

56 h<…<60 h

60 h<…<70 h

70 h<…

90 h<…<100 h

100 h<…<112 h 30

112 h 30<…

4 h 30<…<5 h

5 h<…<6 h

6 h<…

Rest periods

Art. 8.2

Insufficient daily rest period of less than
11 h if reduced daily rest period not
allowed

10 h<…<11 h

8 h 30<…<10 h

Insufficient reduced daily rest period of
less than 9 h if reduce allowed

Insufficient split daily rest period of less
than 3 h+9 h

…<8 h 30

8 h<…<9 h

7 h<…<8 h

…<7 h

3 h+(8 h<…<9 h)

3 h+(7 h<…<8 h)

3 h+(…<7 h)

B11

B12

C

C1

C2

C3

D

D1

D2

D3

D4

D5

D6

D7

D8

D9

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

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No

Legal basis

Type of infringement

D10

Art. 8.5

Insufficient daily rest period of less than
9 h for multi-manning

D11

D12

D13

Art. 8.6

Insufficient reduced weekly resting period
of less than 24 h

Insufficient weekly resting period of less
than 45 h if
reduced weekly resting
period not allowed

Types of payment

D14

D15

D16

D17

D18

E

E1

Level of seriousness (*)

MI

X

X

X

VSI

SI

X

X

X

X

X

X

8 h<…<9 h

7 h<…<8 h

…<7 h

22 h<…<24 h

20 h<…<22 h

…<20 h

42 h<…<45 h

36 h<…<42 h

…<36 h

Art. 10.1

Link between wage and distance travelled or amount of goods carried

X

(*) VSI = Very Serious Infringement/SI = Serious Infringement/MI = Minor Infringement.

2. Groups of infringements against Regulation (EEC) No 3821/85

No

Legal basis

Type of infringements

F

Installation of recording equipment

F1

Art. 3.1

No type approved recording equipment installed and used

G

Use of recording equipment, driver card or record sheet

G1

Art. 13

Recording
correctly
recording equipment not properly inspected, calibrated and sealed)

equipment not

functioning

example:

(for

G2

Recording equipment improperly used (not using a valid driver card,
voluntary abuse, …)

G3

Art. 14.1

Not carrying a sufficient number of record sheets

G4

G5

Model of record sheet not approved

Not carrying enough paper for printouts

G6

Art. 14.2

Undertaking not keeping record sheets, printouts and downloaded
data

G7

Art. 14.4

Driver holding more than one valid driver card

G8

Art. 14.4

Use of driver card which is not the driver’s own valid card

G9

Art. 14.4

Use of defective or expired driver card

G10

Art. 14.5

Recorded and stored data not available for at least 365 days

Level of seriousness (*)

VSI

SI

MI

X

X

X

X

X

X

X

X

X

X

X

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No

Legal basis

Type of infringements

Level of seriousness (*)

VSI

SI

MI

G11

Art. 15.1

Use dirty or damaged sheets or driver cards and data legible

G12

G13

Use dirty or damaged sheets or driver cards and data not legible

X

Failure to apply for replacement of damaged, malfunctioning, lost or
stolen driver card within 7 calendar days

X

G14

Art. 15.2

Incorrect use of record sheets/driver cards

G15

G16

G17

G18

G19

G20

Unauthorised withdrawal of sheets or driver card which has an impact
on the record of relevant data

Unauthorised withdrawal of sheets or driver card without any impact
on data recorded

Record sheet or driver card used to cover a period longer than that
for which it is intended but no data is lost

Record sheet or driver card used to cover a period longer than that
for which it is intended and data is lost

Not using manual input when required to do so

Not using correct sheet or driver card not in the correct slot (multi-
manning)

G21

Art. 15.3

Time recorded on the sheet does not agree with official time of
country of registration of the vehicle

G22

H

Incorrect use of switch mechanism

Fill in information

H1

Art. 15.5

Surname missing on record sheet

H2

H3

H4

H5

H6

H7

H8

First name missing on record sheet

Date of begin or end of use of the sheet missing

Place of begin or end of use of the sheet missing

Registration number missing on record sheet

Odometer reading (start) missing on record sheet

Odometer reading (end) missing on record sheet

Time of change of vehicle missing on record sheet

H9

Art. 15.5a

Symbol of country not entered in recording equipment

I

I1

Producing information

Art. 15.7

Refuse to be checked

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

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No

Legal basis

Type of infringements

Level of seriousness (*)

VSI

SI

MI

I2

I3

I4

I5

I6

I7

J

J1

J2

J3

K

K1

K2

L

Art. 15.7

Unable to produce records of current day

Unable to produce records of previous 28 days

Unable to produce records of the driver card if the driver holds one

Unable to produce manual records and printouts made during the
current week and the previous 28 days

Unable to produce driver card

Unable to produce print outs made during the current week and the
previous 28 days

Fraud

Art. 15.8

Falsify, suppress, destroy data recorded on record sheets, stored in the
recording equipment or on the driver card or print-outs from the
recording equipment

Manipulation of recording equipment, record sheet or driver card
which may result in data and/or printouts information being falsified

Manipulation device that could be used to falsify data and/or printouts
information present on vehicle (switch/wire …)

Breakdown

Art. 16.1

Not repaired by an approved fitter or workshop

Not repaired en route

Manual input on printouts

L1

Art. 16.2

Driver not marking all information for the periods of time which are
no longer recorded while recording equipment is unserviceable or
malfunctioning

L2

L3

L4

Driver card number and/or name and/or driving licence number
missing on temporary sheet

Signature missing on temporary sheet

Art. 16.3

Lost or theft of driver card not formally declared to the competent
authorities of the Member State where the theft occurred

(*) VSI = Very Serious Infringement/SI = Serious Infringement/MI = Minor Infringement.’

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X