Report from the Commission - Analysing the penalties for serious infringements against the social rules in road transport, as provided for in the legislation of the Member States
Date: 2009-05-15
Institutions: European Commission
Subjects: EU Member State, approximation of laws, driving licence, fine, road transport, traffic offence

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 15.5.2009 
COM(2009) 225 final 

REPORT FROM THE COMMISSION 

Analysing the penalties for serious infringements against the social rules in road 
transport, as provided for in the legislation of the Member States 

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REPORT FROM THE COMMISSION 

Analysing the penalties for serious infringements against the social rules in road 
transport, as provided for in the legislation of the Member States 

(Text with EEA relevance) 

1. 

INTRODUCTION 

This  report  analyses  the  penalties  for  serious  infringements  against  the  social  rules  in  road 
transport  provided  for  in  the  legislation  of  the  Member  States,  as  required  by  Article  10  of 
Directive  2006/22/EC1  on  minimum  conditions  for  the  implementation  of  social  legislation 
relating to road transport activities. 

The  infringements  concern  two  regulations.  Regulation  (EC)  No  561/20062  on  the 
harmonisation  of  certain  social  legislation  relating  to  road  transport  contains  very  precise 
rules  on  the  maximum  driving  times  and  the  minimum  rest  periods  and  breaks  for  drivers 
engaged in professional transport. Regulation (EEC) No 3821/853 on recording equipment in 
road transport concerns the instalment and use of the tachograph. 

Regulation  (EC)  No  561/2006  requires  Member  States  to  lay  down  rules  on  penalties 
applicable  to  infringements  of  both  Regulations.  The  penalties  have  to  be  effective, 
proportionate,  dissuasive  and  non-discriminatory.4  Recital  26  of  this  Regulation  states  in 
addition  that  the  possibility  of  immobilising  the  vehicle  where  serious  infringements  are 
detected  should  also  be  included  within  the  common  range  of  measures  open  to  Member 
States.  However,  there  is  no  definition  in  the  Regulation  of  what  should  be  considered  a 
serious infringement. 

Directive 2006/22/EC originally contained an Annex III with a non-exhaustive list of what is 
to be regarded as an infringement. This Annex III has recently been replaced by a new Annex 
by way of Commission Directive 2009/5/EC.5 This new Annex III contains guidelines on the 
categorisation of infringements against the two Regulations. 

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5 

Directive 2006/22/EC of the European Parliament and of the Council of 15 March 2006 on minimum 
conditions  for the  implementation  of  Council  Regulations  (EEC) No 3820/85  and  (EEC)  No  3821/85 
concerning social legislation relating to road transport activities, OJ L 102, 11.4.2006, p. 35. 
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 Regulations 
(EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85, OJ L 
102, 11.4.2006, p.1. 
Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport, 
OJ L 370, 31.12.1985, p. 8. 
Article 19(1) of Regulation (EC) No 561/2006. 
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, OJ L 29, 31.1.2009, p.45. 

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Member  States  had  to  inform  the  Commission  of  the  rules  they  have  laid  down  on  the 
penalties for infringements against the two Regulations.6 26 Member States had informed the 
Commission  of  their  rules  at  the  time  this  report  was  being  drawn  up.  Portugal  has  not  yet 
complied with its obligations and is therefore involved in an infringement procedure. 

2. 

TYPES OF PENALTIES 

There are different kinds of penalties mentioned in the national laws and regulations: financial 
penalties, immobilisation of the vehicle, driving bans and imprisonment. These penalties can 
also differ for drivers and for undertakings. 

2.1. 

Financial penalties 

All the Member States provide for financial penalties for infringements. The maximum fines 
vary appreciably between Member States, from a fixed fine of €58.23 in Malta to €5 000 and 
more  in  Austria,  Cyprus,  Germany  and  Ireland.  This  means  that  a  maximum  fine  can  be 
several times higher in one country than in another. 

This disparity can partly be explained by the socio-economic differences between the Member 
States, which make the same fine dissuasive and proportionate for drivers and undertakings in 
one  country,  but  not  necessarily  in  another.  However,  this  reasoning  cannot  be  applied,  for 
example, to the relatively high penalties in Spain or Hungary. 

Finland has a unique approach in this respect, as the penalty is calculated on the basis of “day 
fines”. These “day fines” are weighted, among other factors, against the daily income and the 
number of children of the person to whom the penalty is applied. 

2.2. 

Immobilisation of the vehicle 

As  mentioned  above,  Recital  26  of  Regulation  (EC)  No  561/2006  refers  explicitly  to 
immobilisation  of  the  vehicle  as  one  of  the  measures  to  be  taken  against  serious 
infringements.  This  measure  can  ensure,  for  example,  that  the  driver  takes  a  sufficient  rest 
period  to  comply  with  the  provisions  of  Regulation  (EC)  No  561/2006.  It  can  also  prevent 
undertakings from gaining a competitive advantage by not complying with the Regulation and 
simply paying a fine. 

However, only 15 Member States informed the Commission that they provide explicitly for 
the  possibility  of  immobilisation  in  their  legislation  (Bulgaria,  Cyprus,  the  Czech  Republic, 
Germany, Denmark, Greece, Ireland, Italy, Lithuania, Luxembourg, Poland, Romania, Spain, 
Sweden and the United Kingdom). 

2.3. 

Other penalties 

Seven Member States provide for imprisonment in cases of serious infringements, albeit some 
only where the fine is not paid (Austria, Cyprus, Denmark, France, Ireland, Luxembourg and 
the United Kingdom). 

6 

Pursuant to Article 19(1) of Regulation (EC) No 561/2006. 

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The  legislation  in  some  countries  also  includes  temporary  withdrawal  of  a  driver’s  driving 
licence  (Bulgaria,  Denmark,  Greece,  Italy  and  the  United  Kingdom)  or  the  driver  card 
(Slovakia). 

Several  Member  States  also  apply  higher  or  more  severe  penalties  in  cases  of  repeated  or 
recurrent infringements (Austria, Bulgaria, France, Italy, Slovakia and the United Kingdom). 
Austrian  legislation,  for  example,  provides  for  the  possibility  of  imprisonment  where  the 
person has already been penalised for a similar infringement.  

2.4. 

Penalties for undertakings 

Article  10(3)  of  Regulation  (EC)  No  561/2006  makes  undertakings  liable  for  infringements 
committed by their drivers, even if the infringement was committed on the territory of another 
Member  State  or  a  third  country.  In  the  majority  of  Member  States  (Belgium,  Bulgaria, 
Germany,  Denmark,  Estonia,  Greece,  Finland,  Hungary,  Ireland,  Italy,  Lithuania,  Latvia, 
Poland,  Romania,  Slovenia,  Slovakia,  Sweden  and  the  United  Kingdom),  the  legislation 
includes different penalties for drivers and undertakings, the penalties for undertakings being 
higher or more severe than those for the drivers. 

Article  10(4)  of  Regulation  (EC)  No  561/2006  also  stipulates  that  consignors,  freight 
forwarders,  tour  operators,  principal  contractors,  subcontractors  and  driver  employment 
agencies  must  ensure  that  contractually  agreed  transport  time  schedules  observe  the 
provisions on driving times and rest periods. However, only in a few Member States does the 
legislation  on  penalties  refer  to  these  operators  in  the  transport  chain  (Denmark,  Estonia, 
Finland,  Poland  and  Sweden).  Unfortunately  the  analysis  of  the  respective  legislations  does 
not show how these penalties are applied in practice. 

2.5. 

Principle of extra-territoriality 

Article  19(2)  of  Regulation  (EC)  No  561/2006  also  introduced  the  principle  of  extra-
territoriality:  where  an  infringement  is  detected  by  the  competent  authorities  in  a  Member 
State  and  no  penalty  has  already  been  imposed  for  that  infringement,  the  competent 
authorities are enabled to impose a penalty even where the infringement has been committed 
on the territory of another Member State or of a third country. Due to the principle of non-
discrimination, the penalty has to be the same as if the infringement had been committed on 
the territory of the Member State that detected the infringement. 

While  this  principle  gives  more  scope  for  enforcement  of  the  social  legislation  in  road 
transport,  it  can  have  a  negative  side  effect  as  long  as  Member  States  apply  very  different 
penalties  for  the  same  infringement.  Hauliers  who  have  committed  an  infringement  might 
prefer to pay the penalty for this infringement in a Member State that applies very low fines 
rather  than  risk  a  very  high  penalty  in  another  Member  State.  This  could  give  them  a 
competitive advantage over other undertakings complying with the Regulations. 

3. 

NATIONAL PENALTY SYSTEMS 

According to the information provided to the Commission by the Member States, the national 
systems of penalties differ widely. A basic distinction can be made between Member States 
whose  legislation  does  not  specify  any  differences  between  the  different  infringements  and 

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Member  States  whose  legislation  distinguishes  between  specific  infringements  and  applies 
different levels of penalties to these infringements. 

3.1. 

Systems without differentiation of penalties  

The legislation of some Member States simply sets maximum and sometimes minimum levels 
of  penalties  applicable  to  infringements  in  general.  It  is  thus  not  possible  to  analyse  the 
penalties for serious infringements. Some Member States have informed the Commission only 
of  these  maximum  and  sometimes  minimum  levels  (Austria,  the  Czech  Republic,  Ireland, 
Luxembourg and the United Kingdom). Malta has a set fine for infringements (€58.23). 

3.2. 

Systems with differentiation of penalties 

In the other Member States, the legislation distinguishes at least between some different kinds 
of infringements and applies different penalties to them. It has to be noted that not all Member 
States that apply different penalties to different infringements have different levels of fines for 
the same types of infringement. 

3.2.1. 

Infringements against the provisions on driving time and rest periods of Regulation 
(EC) No 561/2006 

In some of the Member States with a differentiated system, the legislation contains a detailed 
system  of  categorisation  of  infringements  to  the  driving  and  rest  times  provided  for  in 
Regulation  (EC)  No  561/2006.  Two  or  more  levels  for  the  same  kind  of  infringement  are 
distinguished and specific fines are set for each level. The rules stipulate a higher penalty, for 
example, when the daily driving time is exceeded by two hours than when the daily driving 
time is exceeded only by one hour. 

The  table  in  Annex  I  has  been  produced  on  the  basis  of  the  information  provided  to  the 
Commission.  It  compares,  for  Member  States  that  provide  for  differentiated  penalties,  the 
fines  applied  to  the  infringements  against  Articles  6-8  of  Regulation  (EC)  No  561/2006,  as 
defined in the new Annex III to Directive 2006/22/EC. 

It  also  shows  the  differences  in  the  amounts  of  the  fines  applied  by  the  different  Member 
States. In extreme cases, the maximum amounts for specific infringements can be more than 
ten  times  higher  in  one  country  than  in  another.  Exceeding  the  daily  driving  time  by  more 
than two hours can lead to a fine of up to €4 600 in Spain, while in Greece the maximum fine 
is €400. 

How the levels are determined in the various Member States is also different. The limits are 
expressed either in minutes or hours or in percentages. Some Member States provide for only 
two different levels, e.g. Estonia, France and Slovakia. Others have more levels, e.g. Hungary, 
with 5 levels for exceeding the daily driving time: by 5%, by 5-10%, by 10-15%, by 15-20% 
or by more than 20%. 

Spanish  legislation,  for  example,  sets  specific  amounts  for  each  hour  exceeding  the  two-
weekly driving time, which is limited in Regulation (EC) No 561/2006 to 90 hours: a driving 
time of more than 110 hours would lead to a penalty of €1 580,  and a driving time of more 
than 111 hours to a penalty of €1 620, both in  addition to immobilisation of the vehicle. 

Where  there  is  provision  for  more  than  two  levels,  the  rise  in  the  penalties  applied  can  be 
either  linear  or  progressive.  In  the  Netherlands,  for  example,  the  penalty  for  exceeding  the 

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weekly driving time is €110 per hour, whereas in Greece the penalty for exceeding the daily 
driving time by two hours is more than double the penalty for exceeding it by one hour. 

Belgium  has  a  particular  system  for  determining  penalties  for  exceeding  the  daily  driving 
times and the uninterrupted driving time, which takes two parameters into account. In the case 
of the daily driving time, the longest period of rest during the period of the daily driving time 
determines the level of the penalty. Thus, exceeding the daily driving time by four hours leads 
to a higher penalty (€450) when 
the driver has had an uninterrupted rest period of less than 
three hours than when the driver has had an uninterrupted rest period of six hours (€310). 

Where Member States include this kind of distinction between infringements, it is possible to 
deduce what they consider to be more serious infringements. It can thus be concluded that the 
rules on infringements to the driving and rest times are not that different from one Member 
State to another when it comes to considering what infringements have to be regarded as more 
serious  than  others,  even  if  some  minor  differences  can  be  noted.  As  an  example  of  these 
differences, an infringement that would be considered by the categorisation contained in the 
new Annex III to Directive 2006/22/EC as a minor infringement on breaks leads in Belgium 
to  a  lower  penalty  than  a  minor  infringement  on  daily  rest;  in  the  Netherlands,  the  same 
penalty is applied to both infringements while in Poland there is a higher penalty. 

In  general,  however,  it  goes  without  saying  that  the  more  the  maximum  driving  time  is 
exceeded or the less the minimum rest period is observed, the more serious the infringement. 

The differences  are mainly in two  aspects:  the different levels of the different penalties and 
the  amounts  of  fines  set  for  the  infringements.  As  stated  above,  determination  of  the  levels 
varies  appreciably,  being  based  on  hours/minutes  or  percentages,  and  there  are  different 
numbers of levels. As regards the amounts of the penalties, the differences are very clear, as 
shown in Annex I. 

3.2.2. 

Infringements to Regulation (EEC) No 3821/85 (tachograph regulation) 

While the rules for infringements against Regulation (EC) No 561/2006 are fairly similar in 
the  Member  States  in  terms  of  what  is  to  be  regarded  as  more  serious,  the  situation  for 
infringements to Regulation (EEC) No 3821/85 is different. 

Where  Member  States’  legislations  contain  different  categories  of  infringements,  they 
generally  differ  significantly  from  one  Member  State  to  another  and  also  from  the 
categorisation contained in the new Annex III to Directive 2006/22/EC. From the additional 
information submitted by the Member States, it appears that significant differences exist not 
only  in  the  level  of  the  fines  that  are  applicable  but  also  in  the  way  infringements  are 
categorised. 

The table in Annex II shows these differences of categorisation. For some infringements that 
Directive  2006/22/EC  considers  to  be  “very  serious”,  some  Member  States  reported  the 
lowest level  of  penalty for infringements against Regulation (EEC)  No  3821/85. This is the 
case, for example, where a driver holds more than one valid driver card (infringement G7 in 
Annex III to Directive 2006/22/EC). In this instance, Estonia, Bulgaria  and  Lithuania  apply 
the  lowest  level  of  penalty.  Other  examples  are  where  the  switch  mechanism  of  the 
tachograph  is  not  correctly  used  or  where  the  driver  is  not  able  to  produce  records  of  the 
driver card if he or she holds one (infringements G22 or I4). 

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On  the  other  hand,  for  the  vast  majority  of  infringements  considered  to  be  minor 
infringements in Directive 2006/22/EC, most Member States do not apply their lowest level 
of  penalty.  In  the  case  of  a  driver  not  carrying  enough  paper  for  printouts,  for  example,  an 
infringement  that  is  categorised  as  a  minor  infringement  in  Directive  2006/22/EC 
(infringement G5), Hungary applies the highest level of fine. 

Only for infringements involving fraud to the tachograph (infringements J1 to J3) and cases of 
undertakings not keeping record sheets (infringements G6 and G10) is categorisation similar 
in  a  majority  of  Member  States,  the  highest  level  of  penalties  being  applied  to  these  very 
serious infringements. 

Similarly to Regulation (EC) No 561/2006, the amounts of the fines applied differ widely for 
the infringements to Regulation (EEC) No 3821/85, including for the maximum fines applied. 
Manipulation  of  the  tachograph,  for  example,  is  penalised  with  a  fine  of  up  to  €586 in 
Lithuania,  but  €2 460 in  Poland,  although  in  both   cases  the  maximum  fine  is  imposed.  In 
other  countries,  the  fine  can  be  even  higher:  in  Spain,  the  fine  for  such  infringements  is 
€4 601, in Italy up to €6 232, and in France up to  €30 000 (with the additional possibility of 
imprisonment of up to 1 year). 

It  can  thus  be  concluded  that,  for  infringements  against  Regulation  (EEC)  No  3821/85,  not 
only does the amount of the fine applied for serious infringements vary significantly between 
Member  States,  categorisation,  namely,  the  definition  of  what  is  considered  to  be  a  serious 
infringement, also does. 

4. 

CONCLUSIONS 

The  rules  on  penalties  applicable  to  serious  infringements  of  the  social  legislation  vary 
appreciably between Member States as regards the types of penalties, the level  of fines  and 
the categorisation of infringements. 

While all Member States use fines as a penalty, not all of them provide for the immobilisation 
of vehicles or imprisonment, for example. In some Member States, withdrawal of a driver’s 
driving licence or driver card is possible. 

When looking at how the Member States grade the different types or levels of infringements, 
the  situation  becomes  even  more  complex.  The  amounts  of  the  fines  vary  significantly 
between Member States, in extreme cases by as much as 1:10. These differences can only be 
partly explained by the socio-economic differences that make the same fine proportionate and 
dissuasive in one country but not necessarily in another. 

While  for  infringements  against  the  driving  times  and  rest  periods,  it  is  rather  clear  which 
infringements  has  to  be  considered  to  be  more  serious  than  another,  the  categorisation  of 
infringements  varies  considerably  between  Member  States  for  infringements  against 
Regulation (EEC) No 3821/85. Some infringements are seen as serious infringements in one 
country, but not necessarily in another. 

Moreover, the penalties applied for infringement of the rules of Regulation (EEC) No 3821/85 
do  not  correspond  in  many  Member  States  with  the  Community  guidelines  on  the 
categorisation  of  infringements  as  contained  in  Commission  Directive  2009/5/EC  amending 
Annex III to Directive 2006/22/EC. 

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For drivers and undertakings engaged in international transport, it is therefore very difficult to 
receive  a  clear  message  concerning  the  gravity  of  possible  infringements  when  they  do  not 
comply  with  certain  provisions  of  Regulation  (EC)  No  561/2006  and  Regulation  (EEC)  No 
3821/85, as the penalties they risk in the different Member States give contradictory feedback. 

The  Commission  considers  this  situation  resulting  of  the  decisions  of  the  legislators  to  be 
unsatisfactory  in terms  of equal  conditions for drivers and undertakings. The new Annex to 
Directive 2006/22/EC, introduced by Commission Directive 2009/5/EC, provides a basis for a 
common understanding of what should be considered as serious infringement and what not. 
Member  States  are  encouraged  to  take  the  necessary  steps  to  provide  for  more  harmonised 
application of the social rules in road transport and thus to improve observance of the social 
rules in road transport. 

The  Commission  will  continue  to  work  on  this  issue,  in  particular  by  supporting  dialogue 
between Member States concerning national interpretation and application of the social rules 
in  road  transport  through  the  Committee  foreseen  in  Regulation  (EC)  No  561/2006,  and 
taking into account the limits of the competence that Member States and the legislators have 
decided to give to the Commission. 

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Overview of the fines applied to infringements against Article 6-9 of Regulation (EC) No 561/2006 in Member States providing in their 
legislations for different fines for different levels of infringements 

ANNEX I 

VSI7 

SI7  MI7 

BE 

EE 

EL 

ES 

FR 

HU8 

NL 

PL 

RO 

SL9 

SK 

LEGAL 
BASIS 
Driving 
periods 

Art. 6.1. 

TYPE OF 
INFRINGEMENT 

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

Exceed extended 
daily driving time of 
10 h if extension 
allowed 

No 

B 

B1 

B2 

B3 

B4 

B5 

B6 

B7 

B8 

Art. 6.2 

Exceed weekly 
driving time 

9h<...<10h 

10h<...<11h 

11h< 

X 

10h<...<11h 

11h<...<12h 

12h < 

X 

X 

X 

X 

X 

40-
120* 
80-
180* 
140-
1600* 
40-
120* 
80-
180* 
140-
1600* 

<383 

80 

<383 

200 

<766 

400 

<383 

80 

<383 

200 

<766 

400 

56h<...<60h 

X 

100/h 

<383 

60h<...<70h 

X 

100/h 

<383 

301-
350 

400 

1501-
4600 
301-
325 
350-
400 
1501-
4600 
301-
330 
330-
1580 
1620-
4600 

135‡ 

135‡ 

209-
419 
838-
1258 

<1500 

1677 

135‡ 

135‡ 

209-
419 
838-
1258 

<1500 

1677 

135‡ 

135‡-
1500 

209-
419 
838-
1258 

<1500 

1677 

- 

46 

110 

220-
1320 

110 

220 

330-
1320 

110/h 

110/h 

110/h, 
<1100 

46 
+61/h 

46 

46 
+61/h 

/ 

/ 

/ 

294-
441 
441-
588 
588-
1470 
294-
441 
441-
588 
588-
1470 

/ 

/ 

/ 

150 

<991 

150 

<991 

150 

<1652 

150 

<991 

150 

<991 

150 

<1652 

150 

<991 

150 

<991 

150 

<1652 

/ 

/ 

/ 

B9 

70h< 

X 

100/h 

<383 

7 

8 
9 

EN 

According  to  Commission  Directive  2009/5/EC  amending  Annex  III  to  Directive  2006/22/EC;  VSI  =  very  serious  infringement,  SI  =  serious  infringement,  MI=  minor 
infringement 
Hungary: As the categorisation is based on percentages, the categories do not exactly correspond to the harmonised categorisation. 
Slovenia: Fines foreseen for drivers. 

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LEGAL 
BASIS 

TYPE OF 
INFRINGEMENT 

No 

B10 

B11 

Art 6.3 

Exceed accumulated 
driving time during 2 
consecutive weeks 

VSI7 

SI7  MI7 

BE 

EE 

EL 

ES 

FR 

90h<...<100h 

X 

100h<...<112h30 

X 

112h30< 

X 

/ 

/ 

/ 

<383 

<383 

<383 

/ 

/ 

/ 

301-
350 
350-
1700 
1700-
4600 

4h30<...<5h 

X 

20-80§ 

<383 

200 

/ 

B12 

C 

C1 

C2 

C3 

D 

Breaks 

Art. 7 

Rest 
Periods 

D1 

Art 8.2. 

D2 

D3 

D4 

D5 

D6 

Exceed 
uninterrupted driving 
time 

5h<...<6h 

X 

6h< 

X 

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

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

X 

X 

10h<…<11h 

8h30<…<10h 

X 

<8h30 

X 

8h<…<9h 

7h<…<8h 

X 

…<7h 

X 

60-
400§ 
120-
2000§ 

50/ 
30min 
50/ 
30min 

50/ 
30min 

50/ 
30min 
50/ 
30min 

50/ 
30min 

<383 

200 

<383 

200 

<383 

<383 

<766 

<383 

<383 

<766 

/ 

/ 

/ 

/ 

/ 

/ 

301-
1501 
1501-
3301 

301 

400 

1501-
4600 

301 

400-
1501 

1501-
4600 

HU8 

209-
419 
838-
1258 

135‡ 

135‡-
1500 

<1500 

1677 

135‡ 

135‡-
1500 

209-
838 
838-
1258 

<1500 

1677 

209-
838 
838-
1258 

1677 

209-
838 
838-
1258 

1677 

135‡ 

135‡ 

135‡; 
<6h: 
1500 

135‡ 

135‡ 

135‡; 
<6h: 
1500 

NL 

PL 

110/h 

110/h, 
<1100 
110/h, 
<1100 

110 

110-
220 
220-
1980 

30 for 
<92, 
then 
+30/h 

46 

46 
+61/ 
30min 

110 

30 

110 

<8h: 
220 
-1980 

30 
+61/h 

110 

30 

220 

440-
1980 

30 
+61/h 

RO 

294-
441 
294-
441 
294-
441 

294-
441 
441-
588 
588-
1470 

294-
441 
441-
735 

588-
1470 

294-
441 
441-
735 

735-
1470 

SL9 

SK 

150 

<991 

150 

<991 

150 

<1652 

40 

<991 

120-
250 
250-
600 

<991 

<1652 

150 

<991 

150 

<991 

150 

<1652 

150 

<991 

150 

<991 

150 

<1652 

EN 

10 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
LEGAL 
BASIS 

TYPE OF 
INFRINGEMENT 

VSI7 

SI7  MI7 

BE 

EE 

EL 

ES 

FR 

No 

D7 

D8 

D9 

D10 

D11 

D12 

D13 

D14 

D15 

D16 

D17 

D18 

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

3h+8h<..<9h 

3h+7h<..<8h 

X 

3h+[…<7h] 

X 

Art. 8.5 

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

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 

8h<...<9h 

7h<...<8h 

…<7h 

X 

22h<...<24h 

20h<...<22h 

…<20h 

X 

42h<...<45h 

36h<...<42h 

…<36h 

X 

X 

X 

X 

X 

X 

X 

X 

50/ 
30min 
50/ 
30min 

50/ 
30min 

<383 

<383 

<766 

/ 

/ 

/ 

100/ 
1h 
100/ 
1h 
100/ 
1h 
100/ 
1h 
100/ 
1h 
100/ 
1h 

/ 

/ 

/ 

<383 

<383 

<383 

<383 

<383 

<383 

/ 

/ 

/ 

/ 

/ 

/ 

/ 

/ 

/ 

/ 

/ 

/ 

HU8 

209-
838 
838-
1258 

1677 

209-
838 
838-
1258 

1677 

209-
838 
838-
1258 

135‡ 

135‡ 

135‡; 
<6h: 
1500 

135‡ 

135‡ 

135‡; 
<6h: 
1500 

135‡ 

135‡ 

/ 

/ 

/ 

301 

400-
1501 

1501-
4600 

/ 

/ 

/ 

<1500 

1677 

301-
400 
301-
400 
1501-
4600 

135‡ 

135‡ 

<20h: 
<1500 

209-
838 
838-
1258 

1677 

NL 

PL 

110 

30 

220 

440-
1980 

30 
+61/h 

- 

30 

110 

220-
1760 

110/h 

110/h 

110/h, 
<1100 

110/h 

110/h 

110/h, 
<1100 

30 
+ 61/h 

15 for 
> 23h, 
then 
+30/h 

15 for 
> 44h, 
then 
+ 30/h 

RO 

294-
441 
441-
735 

735-
1470 

/ 

/ 

/ 

294-
441 
294-
441 
294-
441 
294-
441 
294-
441 
294-
441 

SL9 

SK 

150 

<991 

150 

<991 

150 

<1652 

150 

<991 

150 

<991 

150 

<1652 

150 

<991 

150 

<991 

150 

<1652 

150 

<991 

150 

<991 

150 

<1652 

*: Depending on rest time 
§: Depending on break taken 
‡: In the case of legal proceedings, the maximum amount is €750  

EN 

11 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Overview of the categorisation of infringements to Regulation (EEC) No 3821/85 of Member States having submitted additional information 
on the penalties applied to these infringements 

ANNEX II 

EE  CY  BG 
3 

3 

3 

ES  NL 
>3 
>3 

IT 
>3 

BE 
>3 

PL 
>3 

LT  DK 
>3 

HU 
2 

SK 
2 

LV 
2 

No 

Art 

TYPE OF INFRINGEMENTS 

F 
F1 
G 
G1 

G2 
G3 
G4 
G5 
G6 
G7 
G8 
G9 
G10 
G11 
G12 
G13 

G14 
G15 
G16 
G17 
G18 
G19 
G20 
G21 
G22 

3.1 

13 

14.1 

14.2 
14.4 
14.4 
14.4 
14.5 
15.1 

15.2 

15.3 

Number of categories foreseen: 

No type approved recording equipment installed and used 

Installation of recording equipment 

Use of recording equipment, driver card or record sheet 
Recording  equipment  not  correctly  functioning  (for  example:  recording  equipment  not  properly  inspected, 
calibrated and sealed ) 
Recording equipment improperly used (not using a valid driver card, voluntary abuse, …) 
Not carrying a sufficient number of record sheets 
Model of record sheet not approved 
Not carrying enough paper for printouts 
Undertaking not keeping record sheets, printouts and downloaded data 
Driver holding more than one valid driver card 
Use of driver card which is not the drivers own valid card 
Use of defective or expired driver card 
Recorded and stored data not available for at least 365 days 
Use dirty or damaged sheets or driver cards and data legible 
Use dirty or damaged sheets or driver cards and data not legible 
Failure  to  apply  for  replacement  of  damaged,  malfunctioning,  lost  or  stolen  driver  card  within  7  calendar 
days 
Incorrect use of record sheets/driver cards 
Unauthorized withdrawal of sheets or driver card which has an impact on the record of relevant data 
Unauthorized 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) 
Time recorded on the sheet does not agree with official time of country of registration of the vehicle 
Incorrect use of switch mechanism 

EU 10 
3 

VSI 

VSI 

VSI 
SI 
SI 
MI 
VSI 
VSI 
VSI 
VSI 
VSI 
MI 
VSI 

SI 

VSI 
VSI 
MI 
MI 
VSI 
VSI 
VSI 
SI 
VSI 

10 

EN 

According  to  Commission  Directive  2009/5/EC  amending  Annex  III  to  Directive  2006/22/EC;  VSI  =  very  serious  infringement,  SI  =  serious  infringement,  MI=  minor 
infringement 

12 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
No 

Art 

H 
H1 
H2 
H3 
H4 
H5 
H6 
H7 
H8 
H9 
I 
I1 
I2 
I3 
I4 
I5 
I6 
I7 
J 
J1 

J2 

J3 

K 
K1 
K2 
L 
L1 

L2 
L3 
L4 

15.5 

15.5 a 

15.7 
15.7 

15.8 

16.1 

16.2 

16.3 

TYPE OF INFRINGEMENTS 
Fill in information 

EU 10 

HU 

SK 

LV 

EE  CY  BG 

ES  NL 

IT 

BE 

PL 

LT  DK 

Surname missing on record sheet 
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 
Symbol of country not entered in recording equipment 

Producing information 

Refuse to be checked 
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 day and the previous 28 days 
Unable to produce driver card 
Unable to produce print outs made during the current day and the previous 28 days 

Fraud 
Falsify, suppress, destroy data recorded on record sheets, stored in the recording equipment or on the driver 
card or pint-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…) 

Not repaired by an approved fitter or workshop 
Not repaired en route 

Breakdown 

Manual input on printouts 
Driver  not  marking  all  information  for  the  periods  of  time  which  are  no  longer  recorded  while  recording 
equipment is unserviceable or malfunctioning 
Driver card number and/or name and/or driving licence number missing on temporary sheet 
Signature missing on temporary sheet 
Lost or theft of driver card not formally declared to the competent authorities of the Member State where the 
theft occurred 

VSI 
VSI 
SI 
MI 
MI 
SI 
MI 
MI 
MI 

VSI 
VSI 
VSI 
VSI 
VSI 
VSI 
VSI 

VSI 

VSI 

VSI 

VSI 
SI 

VSI 

VSI 
SI 

VSI 

Very serious infringement 
Serious infringement 
Minor infringement 

EN 

13 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
ANNEX III 

Overview of the legal acts in the Member States 

LEGISLATIVE ACTS 

57.  Bundesgesetz,  mit  dem  das  Kraftfahrgesetz  1967  geändert  wird  (28.  KFG 
Novelle) 

MEMBER 
STATE 

Austria 

Belgium 

Arrêté royal du 27 Avril 2007, Moniteur Belge du 7 Mai 2007 

Bulgaria 

Chapter 8 of Road Transport Act 

Cyprus 

Monitoring  of  the  Driving  and  Rest  Hours  of  Drivers  of  Certain  Vehicles  Act 
2007 (Law 86(I)/2007) 

Czech 
Republic 

§35 of the Act No. 111/1994 Coll., on Road Transport as amended and the Act 
No. 200/1990 Coll., on offences as amended 

Germany 

Fahrpersonalgesetz (as amended of 6.7.2007) 

Denmark 

Order containing provisions on driving and rest times in road transport BEK No 
328 of 28.3.2007, Consolidated Act No 1100 of 8.11.2006 

Estonia 

Greece 

Amendments  to  the  Traffic  Act  adopted  by  the  Estonian  Parliament  on  20 
September 2007 

Law  3446/2006  on  the  organisation  and  operation  of  vehicle  traffic  control 
authorities  –  reforms  concerning  passenger  transport  and  other  provisions 
(Government Gazette 49/A) 

Spain 

Resolution of 19 April 2007 (BOE 10-05-2007) and Ley 16/1987 de 30 de Julio, 
de ordenacion de los transportes terrestres 

Finland 

Road traffic act and Vehicles act 

France 

Contraventions:  Article  R48-0  du  code  de  procédure  pénale  et  le  décret  n° 
86/1130 du 17 octobre modifié 

Délits: Ordonnance 58/1310 du 23 décembre 1958 modifié 

Hungary 

§20  (1)  of  law  no.  1/1988  as  last  amended  and  §1  of  government  decree 
557/2007 (III.31)  

Ireland 

European Communities (Road Transport)(Working Conditions and Road Safety) 
Regulations 2008 (S.I. No. 62 of 2008) 

EN 

14 

   EN 

 
Italy 

Highway Code and Law 286/2006 of 29.11.2006 

Lithuania 

Article 142 and 1424 of the Lithuanian Administrative Infringement Code 

Luxembourg  Règlement grand-ducal du 23 mars 2007 

Latvia 

Administrative Offences Code 

Malta 

Motor Vehicles (Carriage of Goods by Road) Regulations (65.19) 

Netherlands  Policy  rules  in  respect  of  imposing  fines  under  the  Working  Hours  Act  and 

Working hours (Transport Workers) Decree (road transport) 

Poland 

Road Transport Act of 6 September 2001 

Act of 29 July 2005 on the digital tachograph system 

Portugal 

Not yet adopted 

Romania 

Ordonanta de govern Nr 37/2007 

Slovenia 

Act  on  Working  Time  and  Compulsory  Rest  Periods  of  Persons  Performing 
Mobile  Road  Transport  Activities  and  on  Recording  Equipment  in  Road 
Transport 

Slovakia 

Act on working time in transport 

Sweden 

Ordinance (2004:865) on driving times, rest periods and tachographs, etc. 

United 
Kingdom 

Part VI of the Transport Act 1968 (as amended) 

EN 

15 

   EN