Commission staff working document - Accompanying the Report from the Commission on the implementation in 2005-2006 of Regulation (EEC) No 3820/85 on the harmonisation of certain social legislation relating to road transport (24th Report from the Commission on the implementation of the social legislation relating to road) {COM(2009)416}
Date: 2009-08-03
Institutions: European Commission
Subjects: activity report, application of EU law, arrangement of working time, harmonisation of standards, occupational safety, road safety, road transport

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 3.8.2009 
SEC(2009) 1100 

COMMISSION STAFF WORKING DOCUMENT 

Accompanying the 

REPORT FROM THE COMMISSION 

on the implementation in 2005-2006 of Regulation (EEC) No 3820/85 on the 
harmonisation of certain social legislation relating to road transport (24th report from 
the Commission on the implementation of the social legislation relating to road  

{COM(2009)416} 

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TABLE OF CONTENTS 

1. 

1.1. 

1.2. 

2. 

2.1. 

2.2. 

2.3. 

3. 

4. 

4.1. 

4.2. 

4.3. 

National Initiatives ....................................................................................................... 3 

Administrative Measures ............................................................................................. 4 

Regulatory and other Measures.................................................................................... 4 

Penalties ....................................................................................................................... 5 

Scales............................................................................................................................ 5 

Tables of Penalties ....................................................................................................... 7 

Additional information on penalties............................................................................. 8 

Comments from the Member States............................................................................. 9 

Other Statistical Data ................................................................................................. 12 

Reference Period ........................................................................................................ 12 

Annex B Calculation of minimum checks to be carried out ...................................... 12 

Checks ........................................................................................................................ 13 

4.3.1.  Number of checks at the roadside .............................................................................. 13 

4.3.2.  Number of drivers checked at the premises of undertaking....................................... 17 

4.3.3.  Number of working days checked at the roadside ..................................................... 17 

4.3.4.  Number of working days checked at premises of undertaking .................................. 21 

4.4. 

Offences; Number of offences recorded .................................................................... 23 

4.4.1.  Article 6 of Regulation (EEC) No 3820/85: driving period....................................... 23 

4.4.2.  Article 7 of Regulation (EEC) No 3820/85: breaks ................................................... 27 

4.4.3.  Article 8 of Regulation (EEC) No 3820/85: rest periods........................................... 34 

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1. 

NATIONAL INITIATIVES 

Austria reported about the following regulatory national initiatives: Arbeitszeitgesetz BGBl. 
Nr. 461/1969 idF BGBl. I Nr. 175/2004, Arbeitszeitgesetz BGBl. Nr. 461/1969 idF BGBl. I 
Nr.  138/2006  (Working  Time  Act); Arbeitsruhegesetz  BGBl.  Nr.  144/1983  idF  BGBl.  I  Nr. 
175/2004,  Arbeitsruhegesetz  BGBl.  Nr.  144/1983  idF  BGBl.  I  Nr.  138/2006  (Act  on  rest 
Times); Kraftfahrgesetz 1967 (Vehicles Act). 

Malta  reported  the  enactment  of  the  following  regulations:  Motor  Vehicles  (Weights, 
Dimensions  and  Equipment)  Regulations,  Motor  Vehicles  (Carriage  of  Goods  by  Road) 
Regulations and Motor Vehicles (Carriage of Passengers by Road) Regulations. 

In  Germany  the  relevant  legislation  consists  of  the  Fahrpersonalgesetz  (Law  on  Driving 
Personnel)  and  the  Fahrpersonalverordnung  (Regulation  on  Driving  Personnel).  The  Third 
Law  to  change  the  Regulation  on  Driving  Personnel  was  about  to  be  passed  on  the  9th  of 
November 2007 in order to implement Directive 2006/22/EC1 on minimum conditions for the 
implementation  of  Regulations  (EEC)  No  3820/852  and  (EEC)  No  3821/853.  Drivers  of 
vehicles  between  2.8  and  3.5  tons  are  required  to  keep  records  of  driving  times  and  rest 
periods. This is a procedural requirement which is governed by §1 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.  

Denmark  passed  Decree  No.  328  of  28  of  March  2007  on  driving  time  and  rest  period 
provisions  in  road  transport,  which  entered  into  force  on  11  April  2007  and  repeals  Justice 
Ministry Decree No. 688 of 29 June 2005. 

Slovenia  informed  about  the  following  legislative  national  initiatives:  Act  on  working  time 
and  compulsory  rest  periods  of  persons  performing  mobile  road  transport  activities  and  on 
recording  equipment  (tachograph)  in  road  transport  (Ul.  RS  64/2007);  Regulation  on 
enforcing the regulations on working time and compulsory rest periods of persons performing 
mobile road transport activities and on recording equipment (Ul. RS 34/2006). 

The  United  Kingdom  reported  that  there  were  several  amendments  made  to  Part  Vi  of  the 
Transport  Act  168  and  the  Passenger  and  Goods  Vehicles  5Recording  Equipment) 
Regulations (NI) 1996 to introduce the requirements regarding the fitment of digital recording 
equipment as set out in Regulation (EC) No. 561/2006 on driving times and rest periods. 

Ireland  informed  about  the’  establishment  of  the  Road  Safety  Authority,  which  had  been 
tasked with the enforcement of EU- and national legislation dealing with driver’s hours, rest 
periods and breaks. 

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3 

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)  3820/85  and  (EEC)  No  3821/85 
concerning  social  legislation  relating  to  road  transport  activities  and  repealing  Council  Directive 
88/599/EEC, OJ L 102, 11.4.2006, p. 35 
Council  Regulation  (EEC)  No  3820/85  of  20  December  1985  on  the  harmonization  of  certain  social 
legislation relating to road transport, OJ L370, 31.12.1985, 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 

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In Portugal, Decision C.M. 189/05 of the 16 May 2005 designates the Directorate General for 
Land and River Transport / Institute for Mobility and Land Transport as the national authority 
responsible for the introduction of digital tachographs. Law No. 13/06 of 17 April 2006 on the 
collective transport of children was introduced too. Order No. 23721/06 of 21 November 2006 
defines the requirements to be met by training courses and the knowledge assessment and the 
certification of safety advisors and drivers of dangerous goods. 

Cyprus  enacted  the  following  legislation:  The  Inspection  of  Driving  and  Rest  Time  of 
Drivers of certain Vehicles Law of 2004 (Law 137(I)/2004), The Organisation of the Working 
Time of Persons Performing Mobile Road Transport Activities Law of 2005 (Law 47(I)/2005 
and The Authorised  Body  Shops and Issuance of Recording Equipment Cards Law of 2004 
(Law 192(I)/2004). 

1.1. 

Administrative Measures 

The United Kingdom reported that no changes were made to the operator licensing regime, 
requiring all operators to undertake regular checks of drivers' hours and to have administrative 
systems for such purposes. 

In  Cyprus,  due  to  the  technical  nature  of  the  subject  and  to  the  difficulties  faced  by  the 
Minister  of  Labour  and  Social  Security  in  implementing  Laws  137(I)/2004  and  47(I)/2005, 
the  Minister  exercised  powers  conferred  to  him  by  the  said  laws  and  authorised  the 
Department of Labour Inspection of the Ministry of Labour and Social Security to implement 
the  provisions  of  the  aforementioned  laws.  The  competent  authority  for  managing  the 
legislative framework remained the Department of Labour Relations. 

Acting pursuant to this authorisation, the Department of Labour Inspection established a unit 
comprising one labour inspection officer and three labour inspectors. Checks are being carried 
out from the regional office in Nicosia on the premises of undertakings and on the roadside in 
several  regions  of  Cyprus.  Additionally,  the  Cyprus  Police's  Vehicle  Mechanical  Inspection 
Team, carries out additional checks in cooperation with the department of Labour Inspection.  

Furthermore,  Cyprus  has  established  a  system  to  check  exemptions  of  vehicles  from 
Regulation (EEC) No. 3821/85.  

In the 1st quarter of 2005, Belgium tested the introduction of the new digital tachograph. 

Member States not mentioned under this chapter did not submit sufficient data. 

1.2. 

Regulatory and other Measures 

In  the  United  Kingdom  the  main  operator  agency  -  The  Vehicle  and  Operator  Services 
Agency (VOSA) – practices a risk-based approach to enforcement with the aim of minimising 
the  burden  of  compliant  operators.  During  the  reporting  period  VOSA  carried  out  17  large 
scale roadside checks – three of these specially targeted passenger vehicle operations; all were 
carried  out  in  combination  with  other  enforcement  agencies  and  concentrated  on  traffic  on 
international  journeys;  and  five  Pan-European  Check,  carried  out  in  combination  with  other 
Member States, specifically focused on vehicles carrying dangerous goods. 

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In addition, VOSA routinely targeted vehicles on long distance or international journeys. This 
was  in  response  to  relatively  high  level  of  involvement  by  these  vehicles  in  serious  road 
accidents.  

VOSA now has the power to stop vehicles across considerable parts of the country, as does 
the Driver and vehicle Agency (DVA) in Northern Ireland (NI). This enables the authorities to 
show  considerable  flexibility  in  how  checks  can  be  conducted,  which  improves  their 
effectiveness. 

VOSA and DVA continue to visit new operators to advise and educate them to help prevent 
offences  from  being  committed  through  ignorance  and  misunderstanding  and  publish  a 
number  of  guidance  documents.  Direct  contact  with  groups  of  operators  is  also  seen  as 
essential. 

Equipment that enables staff to download and analyse digital data generated or stored within 
digital  recording  equipment  has  been  purchased  and  provided  to  all  staff  across  the  United 
Kingdom. 

In  Ireland,  proposals  for  a  fixed  penalty  charge  system  have  been  submitted  to  the 
Department for Transport. The adoption of such a system is expected to enable enforcement 
officers to sanction out of state drivers for breaches of the relevant legislation. 

The  Netherlands  hope  to  increase  their  amount  of  checks  by  digitalising  their  systems  and 
increasing the control period. 

Cyprus engaged in training its officers on how to implement national legislation and how to 
operate analogue and digital tachographs. Furthermore a checking system was introduced in 
order  to  assure  the  achievement  of  the  minimum  number  of  controls  under  Directive 
88/599/EEC on standard checking procedures. 

In  December  2006  Cypriot  received  their  equipment  as  specified  in  Annex  II  of  Directive 
2006/22/EC  on  minimum  conditions  for  the  implementation  of  Regulations  (EEC)  No 
3820/85 on the harmonization of certain social legislation relating to road transport and (EEC) 
No 3821/85 on recording equipment. 

In Belgium the digital tachograph became compulsory as of 5 August 2005 by Royal Order of 
14 July 2005. 

Member States not mentioned under this chapter did not submit sufficient data. 

2. 

PENALTIES 

The  information  in  this  chapter  concerns  the  period  of  2005-2006.  There  might  have  been 
changes in the Member States after the entry into force of Regulation (EC) No 561/2006 on 
driving times and rest periods. 

2.1. 

Scales 

Austria, Cyprus, Finland, Hungary, Ireland, Latvia, Malta, Poland, Romania,, Slovenia 
and United Kingdom provided information on the scale of penalties imposed for violations 

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to the Regulation (EEC) No 3820/85 on the harmonization of certain social legislation relating 
to road transport. A wide range of fines among Member States is still apparent. 

Austria applies penalties ranking from € 36 to € 5000 
. The sanction of imprisonment for up 
to 6 weeks 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 to Arbeitzeitgesetz 

BGBl., no 461/1969 was published in BGBl. I Nr. 138/2006 and to Arbeitsruhegesetz BGBI 

No 144/1983 was published in BGBl. I Nr. 175/2004. 

Cyprus applies penalties for infringements of the provisions of the Inspection of Driving and 
Rest Time for Drivers of Certain Vehicles Law of 2004 and the Organisation of the Working 
Time  of  Persons  Performing  Mobile  Road  Transport  Activities  Law  of  2005  of  up  to  six 
months of imprisonment or a fine of up to € 3417 or both 

The Transposition of Directive 2006/22/EC on minimum conditions for the implementation of 
Regulations (EEC) No 3820/85 and (EEC) No 3821/85 as well as the implementation of the 
provisions  of  Regulation  (EC)  No.  561/2006  on  driving  times  and  rest  periods  were  carried 
out by the Inspection of Driving and Rest Time for Drivers of Certain Vehicles Law of 2007 
(Law 86(I)/2007), entering into force on 13 June 2007 and repealing Law 137(I)/2004 and the 
Authorised  Body  Shops  and  Issuance  of  Recording  Equipment  Cards  Law  of  2004  (Law 
192(I) /2004). 

In  Finland  penalties  are  imposed  either  on  the  driver  or  the  employer  depending  on  the 
offence.  A  day  fine  is  imposed  for  an  offence,  the  number  of  day  fines  depending  on  the 
gravity  of  the  offence.  In  the  case  of  driving  and  rest  periods  offences,  the  penalties  range 
from 4 to 12 day fines per offence. For example, 8 day fines are imposed for failure to use the 
tachograph,  and  6  day  fines  for  non-compliance  with  the  provisions  regarding  its  use.  The 
value of one day fine in euros varies depending on the income and the number of dependants 
of the person. 

Hungary applies fines between € 187 (HUF  50000) and € 2992 (HUF 800000). 

In Ireland, the maximum penalty amounts to a fine of € 5000. 

Latvia applies a standard fine for drivers of € 70.60 – 141.19 (LVL 50 - 100). 

In Malta, there is a fixed Penalty of € 60 per offence. 

Poland  applies  fines  as  from  €  12  (PLN  50  and)  depending  on  the  duration  of  the 
infringement. 

In Romania the scale of fines ranges from € 186 (RON 735) to €2530 (RON 10000). 

Slovenian fines range from € 150 to € 3300. A differen
is committed by driver or employer. 

ce is being made, whether the offence 

In the United Kingdom there has been no change to the maximum fines for drivers' hours and 
tachograph  related  offences  and  for  those  who  cause  or  permit  them.  The  fines  therefore 

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continue to range from € 223 (£ 200) to € 5590  (£ 5000). Similarly, in addition to a fine, the 
offences of falsifying a chart and altering or forging a seal on a tachograph continue to carry a 
prison sentence of up to two years. 

The most recent change was increasing the maximum fines in Great Britain in October 1992. 
In  Northern  Ireland,  the  maximum  £5000  fine  came  into effect  in June  1996.  The power of 
prohibition  for  drivers’  hours  and  tachograph  offences  by  drivers  of  UK  registered  vehicles 
was introduced in February 2001. 

The Criminal Justice Act 1991 lays down the maximum amount for each level of fine in Great 
Britain. Reference to the level of fine appropriate to each category of drivers’ hours offence 
(i.e. Level 1 or Level 2) is contained in Part VI of the Transport Act 1968, as amended.  

In Northern Ireland the fine levels in operation in 2001 and 2002 are contained in the Road 
Traffic (Northern Ireland) Order and the European Communities Road traffic and Vehicles – 
Passenger  and  Goods  Vehicles  –  (Recording  Equipment)  Regulations  (Northern  Ireland) 
1996. 

The  Transport  Act  2000  inserted  a  new  section  99A  into  the  Transport  Act  1968,  which 
empowers  an  authorised  person to  prohibit  the  driving  of  a  vehicle  where  it  appears  to  him 
that there has been a contravention of the requirements in Regulation (EEC) 3820/85. 

2.2. 

Tables of Penalties 

Member State  

Type of Penalty 

Minor Offences 

Serious Offences 

Austria  

Belgium4 
Cyprus 

Czech Republic1 
Denmark5 

Estonia1 
Finland 

Up to € 5000 or arrest up to 6 weeks; € 72 - € 1815 working 
time Act and € 36 - € 2180 Working Break Act 

Articles 6, 7, 8 and 14 (1) Imprisonment of up to 6 months or a fine of 
up to €3 417 or both. 
Article  14(4)(a)  3rd  subparagraph  Imprisonment  of  up  to  2  years  or  a 
fine of up to £4 000 (€6 834) or both. 
Article 14(5) fine of up to £3 000 (€5 125). 

Fine of at least € 67 for the driver and € 135 for the company, 
the amount depending on the nature and gravity of the offence. 

Penalties  are  imposed  using  the  "day-fine"  criterion,  the  amount  of 
which depends on the type of offences.  

4 
5 

Member State did not supply data 
Figures  for  France,  Denmark,  Germany  and  Italy  are  those  registered  in  the  previous  report  as  these 
countries did not communicate any change in their legislation 

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France2 

€ 1517 maximum 

Severe infringements may 
attract a fine up to € 30489 

Serious  of  repeated  infringements  can  lead  to  the  temporary  or 
permanent  revocation  of  the  Community  licence  or  of  the  transport 
authorisation.  The  immobilisation  of  the  vehicle  up  to  three  months  is 
also an administrative sanction. 
The  infringements  are  punished  according  to  the  type  of  offences  and 
persons  involved.  Fines  fro  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  employer.  Fines  for 
drivers who do not respect the provisions on recording of driving times 
range from € 15 to € 53 and for em ployer’s range from € 153 to € 1534. 
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) 

€ 186 
Maximum 5000 
€ 16 minimum  
€ 70.50 – 141.18 for drivers and € 570 – 1415 for undertakings 
€ 30-60 

€ 2980 

€ 4447 

€ 60 
There  are  set  fines  for  each  breach  of  a  provision  of  the  Regulation 
ranging  from  €  45  to  €  1365  (total 
2671074). 
€ 12 minimum fine; higher fines ac cording to duration of infringement 

amount  of  fines  collected  is  € 

€ 365 – 1215 depending on type of infringement 

infringement  and  whether  it  is 
€  150  –  2900  depending  on  type  of 
placed upon the company, the person responsible in the company or the 
driver 

€ 273 per offence; + 50% for 2 nd offence of same kind 

Germany2 

Greece1 
Hungary 
Ireland 
Italy2 
Latvia 
Lithuania 
Luxembourg1 
Malta 
Netherlands 

Poland 
Portugal1 
Romania 

Slovakia1 
Slovenia 

Spain1 
Sweden 

2.3. 

Additional information on penalties 

Germany  informed  that  amendments  necessary  to  adapt  to  amendments  in  the  law 
concerning  driving  personnel  and  in  the  Order  concerning  driving  personnel  are  currently 
being made. 

In total, the following punishments were imposed in Germany: 

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Passenger transport 

Goods transport 

Cautions 
cautionary fines 

with 

Fines (regardless of whether 
legally 
they  are 
or  not 
binding) 

In total 

Cases  of  drivers  not 
allowed  to  continue 
their journey 

France submitted the following table: 

Year 

Number 
sanctioned in France 

of 

undertaking 

Certified 
Copies 

Authorisations 

Complete 
withdrawal 

Suspension 

Complete 
Withdrawal 

Suspension 

5241 

2540 

7781 

1111 

2005 

247 

15 

310 

0 

0 

Number 
vehicles 

of 

immobilised 

173 

139102 

140410 

279512 

57838 

2006 

292 

57 

261 

0 

0 

207 

3. 

COMMENTS FROM THE MEMBER STATES 

In  Denmark  the  Justice  Ministry’s  circular  notice  of  30 March  2007  changing  practice 
concerning  penalties  in  the  driving  times  and  rest  periods  sector  introduced  a  new  fine  for 
contravention  of  the  uninterrupted  driving  time  rule  (Article  7  of  Regulation  (EC)  No 
561/2006 on driving times and rest periods). The rule entered into force on 11 April 2007. 

After  the  period  under  examination,  Cyprus  transposed  Directive  2006/22/EEC  and  has 
implemented the rules in Regulations (EC) No 561/2006 on driving times and rest periods via 
the Inspection of Driving and Rest Time for Drivers of Certain Vehicles Law of 2007 (Law 
86(I)/2007) which took effect on 13.7.2007 and the Authorised Body Shops and Issuance of 
Recording  Equipment  Cards  Law  of  2004  (Law  192(I)/2004).  Law  86(I).2007  repealed  the 

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Inspection  of  Driving  and  Rest  Time  for  Drivers  of  Certain  Vehicles  Law  of  2004  (Law 
137(I)/2004). 

Apart from that Cyprus also pointed out the following reasons for its low number of controls: 

1. During roadside checks carried out by the Police at the start of 2005, it became clear that 
there  was  a  need  to  focus  efforts  on  implementation  of  the  legislation,  and  on  briefing 
professional drivers and affected undertakings. 

2. The work which arose from examination of applications for exemption from the tachograph 
installation / usage requirement during the reporting period. 

3. Procedural and technical difficulties in issuing memory cards for digital tachographs. 

4.  The  adjustment  period  of  professional  drivers  in  complying  with  the  requirements  of 
Regulation (EEC) No 3820/85 and Directive 2002/15/EC6 on the organisation of the working 
time of mobile workers in road transport. 

5.  The  extension  granted  in  the  Cyprus  Accession  Agreement  to  the  European  Union  (see 
Article 24(6) of Annex VII) on the implementation of Article 3(1) of Regulation (EEC) No 
3821/85  which  caused  confusion  among  the  owners  of  affected  vehicles  about  the  extent  to 
which the extension also related to implementation of Regulation (EEC) No 3820/85 on the 
harmonization of certain social legislation relating to road transport. 

For these reasons it was considered necessary to prepare the information campaign for owners 
of affected vehicles about the provisions of the said Regulation. 

Checks recommenced in March 2007. 

Lithuania  reported  that  a  draft  amendment  to  the Administrative  Offences  Code,  providing 
for  increased  penalties  in  respect  of  infringements  of  the  rules  on  driving  times  and  rest 
periods, had been submitted to the Parliament for the second time in 2007. 

Finland reported improvements in the compilation of statistics and that the Occupational Safety 
and Health Inspector's data can be accessed directly from a computer terminal. 

In  Lithuania  a  draft  amendment  to  the  Administrative  Offences  Code,  providing  for 
increased penalties in respect of infringements of the rules on driving times and rest periods, 
has been submitted to the Parliament for the second time in 2007. 

Germany  reported  to  have  exceeded  the  minimum  control  level  of  1%,  while  at  the  same 
time the number of relevant vehicles had almost doubled.  

Concerning  the  ratio  of  controls  and  infringements  detected  in  Germany,  no  significant 
change was reported.  

In  comparison  with  the  2003-2004  reporting  period,  the  number  of  fines/cautions  with 

6 

Directive  2002/15/EC  of  the  European  Parliament  and  of  the  Council  of  11  March  2002  on  the 
organisation  of  working  time  of  persons  performing  mobile  road  transport  activities,  OJ  L  80, 
23.3.2002, p. 35 

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cautionary  fines  in  passenger  transport  fell  by  45%  and  the  number  of  cases  of  drivers  not 
being  allowed  to  continue  their  journey  fell  by  32%.  In  goods  transport  there  was  a  35% 
reduction  in  the  number  of  fines/cautions  with  cautionary  fines.  The  number  of  cases  of 
drivers being banned from continuing their journey fell by a mere 3%. 

Overall there was no significant change in terms of respecting driving times and rest periods 
in  Germany  and  it  remains  to  be  seen,  whether  Regulation  (EC)  No.  561/2006  on  driving 
times and rest periods leads to an improvement of the situation. Some optimism seems to be 
appropriate because of the introduction of the digital tachograph. 

Portugal reported to have transposed Directive 2002/15/EC into its national law by Decree-
Law  No.  237/2007  of  19  June  2007.  The  same  Decree-Law  would  also  regulate  certain 
aspects of the organisation of the working time of persons performing mobile road transport 
activities and covered by Regulations (EEC) No. 3820/85 and (EC) No. 561/2006 respectively 
or by the AETR-Agreement. 

France reported that the number of vehicles controlled diminished because of the increased 
time  span  controls  require,  due  to  the  longer  period  to  be  controlled.  Furthermore,  a  lot  of 
time  had  to  be  dedicated  to  the  training  of  officers  on  automatic  data  processing  systems 
related to the digital tachograph.  

Concerning administrative sanctions, after a decrease in 2004 due to a legal reorganisation, in 
2005 and 2006 France returned to normalcy with an increase in 2005 and 2006. 

Austria  reported  an  increase  of  the  number  of  vehicles  falling  under  Regulation  (EEC)  No 
3820/85 on the harmonization of certain social legislation relating to road transport in 2006, 
especially  during  the  period  January-March.  The  reason  for  this  is  the  introduction  of  the 
digital  tachograph  for  vehicles  originally  registered  after  1  May  2006.  The  increase  in  the 
working  days  controlled  was  explained  by  the  obligation  of  drivers  under  Regulation  (EC) 
No. 561/2006 on driving times and rest periods to have record sheets with them. 

In Austria compliance with the said legislation is controlled in motorway lay-bys and along 
transit routes.  

There are two automated systems in Austria for the inquiry of driving times and rest periods 
(ADAS and DAKO); in order to guarantee a consistent procedure at one and the same level. 
Both systems adapted to the needs of controls of the digital tachograph.  

In 2006 numerous training measures for officials were carried out with a view to the digital 
tachograph.  

As  a  member  of  Euro  Control  Route  (ECR),  Austria  took  part  in  coordinated  controls. 
Concerted controls were also carried out with the German authorities. 

Latvia reported the detection of 705 other infringements of Regulation (EEC) No. 3820/85 on 
the harmonization of certain social legislation relating to road transport, which do not concern 
Articles 6, 7, 8 and 14. 

United  Kingdom  reported  that  it  is  possible  to  see  an  increase  (14.6%)  in  the  number  of 
offences  recorded  despite  a  decrease  in  the  number  of  working  days  (tachograph  charts) 
checked  at  the  roadside  and  at  the  premises.  The  authorities  believe  that  the  increase  in  the 

EN 

11 

   EN 

 
number of offences recorded can be attributed to the effectiveness of the targeting policy. In 
2003-2004, enforcement authorities recorded 1 offence for every 89 charts checked, compared 
with 1 every 103 charts in 2001-2002 and 1 in every 243 charts in 1999-2000. 

The  non-compliance  of  by  foreign  drivers  remained  a  problem.  While  the  ration  of  charts 
checked against offences detected is lower than in the previous reporting period (1 offence for 
every 18 charts checked in 2003-2004 compared to 1 offence for every 27 charts checked in 
2005-2006),  this  ratio  is  still  considerably  higher  than  for  UK  nationals  with  1  offence 
detected on every 99 charts checked in 2005-2006.  

As  well  as  directing  enforcement  effort  in  this  direction,  the  UK  is  developing  a  graduated 
fixed penalties and deposit system similar to that used in some other Member States. This will 
allow VOSA and the Police to issue Fixed Penalty tickets to all offenders. Those with a UK 
address, where legal proceedings can be safely served will be given 28 days to pay the penalty 
amount. Those without such address will need to pay a deposit equal to the level of penalty 
immediately  and  can  ask  to  have  the  case  brought  before  a  court.  This  is  currently  passing 
through the legislative process and should be introduced during the next reporting period. 

Like  in  previous  reports,  the  UK  included  offences  recorded  for  exceeding  6  daily  driving 
periods in the weekly rest offence total an the 'breaks too short' in the 'driving for more than 
four and a half hours without a break' section. 

The UK continues to have concerns about the lack of requirement to provide any information 
about tachograph offences. 

Member States not mentioned under this chapter did not submit sufficient data. 

4. 

OTHER STATISTICAL DATA 

4.1. 

Reference Period 

1.1.2005 – 31.12.2006 

4.2. 

Annex B Calculation of minimum checks to be carried out 

(Article 2 of Directive 88/599/EEC and Article 2 of Directive 2006/22/EC) 

Member State 

- a - 
Minimum 
number of 
working days 
to be checked 

- b -  
Number of 
working days 
checked 
(nationals) 

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

- d -  
Total number of 
working days 
checked 

Austria  
Belgium 
Cyprus7 
Czech Republic 
Denmark 
Estonia 

470736
726000
77589
265491
220000
61160

875914
965414
4738
1159843
284455
37189

510678 
152065 

219308 
27985 
2290 

1386592
1117479
4738
1379151
312440
39479

7 

The'rr'''e'eee report does not include controls of non-nationals 

EN 

12 

   EN 

 
 
 
                                                 
Finland 
France 
Germany 
Greece 
Hungary 
Ireland 
Italy 
Latvia 
Lithuania 
Luxembourg 
Malta 
Netherlands 
Poland 
Portugal 
Romania 
Slovakia 
Slovenia 
Spain 
Sweden  
United Kingdom 
Switzerland 

334000
2505000
5717462
6402
560000
904700
3268176
305662
251660
51201
103
595405
1286126
585 077
410106
164027
80000
1912819
528000
2254506
412040

379920
8958405
7571798
29646
639530
632710
7441167
485697
237567
72091
1001
471571
5063096
99613
428043
202278

4138122
414891 
3157534
1646858

79033 
2073646 
5586304 
917 
132494 
89 
934095 
73915 
78807 
15923 
65 
59831 
3479674 
518 
72680 
1519 

438912 
96227 
484546 
331930 

458953
11032051
13158102
30563
772024
632799
8375262
559612
316374
88014
1066
531402
8542770
100131
500723
203797
81059
4577034
511118
3642080
1978788

4.3. 

Checks 

4.3.1.  Number of checks at the roadside 

Member State 

Type of 
Transport 

EU 

Third Countries 

Total Non-
Nationals 

Nationals 

Non-
Nationals 

Transport 
Passengers 

Transport 
Goods 

of 

1091

1250

2097 

3347

of 

50171

29753

14566 

44319

Not distinguished 

12164

5001

of 

63426
2881

36024
3278

1794 

18457 
207 

6795

54481
3935

Austria  

Belgium 

Cyprus 

EN 

Total 
Transport 
Passengers 

Transport 
Goods 

Total 
Transport 
Passengers 

Transport 
Goods 

of 

32880

52730

3049 

55779

of 

of 

35761
1378

3009

13 

56008
0

3256 
0 

59264
0

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Total 

4387

Czech Republic  Transport 

of 

303

104

Passengers 

Transport 
Goods 

of 

9563

2692

Not distinguished 

31

Total 
Not distinguished 
Transport 
of 
Passengers 

9897
75128
160

Transport 
Goods 

of 

2180

Total 
Transport 
Passengers 

of 

2340
2707

8

2804
8485
60

440

500
333

56 

705 

1 

762 
844 
5 

70 

75 
328 

160

3397

9

4166
9329
65

510

575
661

Transport 
Goods 

of 

57655

11224

7489 

18713

Not distinguished 

5

0

0 

7817 

of 

60367
63405

11557
26555

of 

1242632

174610

0

19374
26555

174610

187781
75566

1306037
71729

of 

187781
54857

20709 

of 

2421937

1954202

311418 

2265620

2493666
1449

2009059
14

332127 
19 

2341186
33

of 

of 

1655

37

0

104 

0 

141

0

Total 
Transport 
Passengers 

Transport 
Goods 

Total 
Transport 
Passengers 

Transport 
Goods 

Total 
Transport 
Passengers 

Transport 
Goods 

Denmark 
Estonia 

Finland 

France8 

Germany 

Greece 

Not distinguished 

1500000

8 

Differentiation only between residents and non-residents 

EN 

14 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Hungary 

Ireland 

Italy 

Latvia 

Lithuania 

1503104
2753

of 

51
864

123 
1538 

174
2402

of 

65471

16862

14718 

31580

Total 
Transport 
Passengers 

Transport 
Goods 

Total 
Transport 
Passengers 

Transport 
Goods 

Total 
Transport 
Passengers 

Transport 
Goods 

Total 
Transport 
Passengers 

Transport 
Goods 

Total 
Transport 
Passengers 

Transport 
Goods 

of 

68224
5861

17726
810

of 

26664

1195

Not distinguished 

75

of 

32600
56961

2

2007
5789

16256 
112 

27 

2 

141 
2672 

33982
922

1222

4

2148
5461

of 

474374

50210

11396 

61606

Not distinguished 

82305

4740

2135 

16203 

613640
927

of 

60739
116

of 

13617

3466

of 

14544
4667

3582
741

519 

6875

76942
116

3466

3582
1260

of 

23547

9878

9035 

18913

Luxembourg 

Malta 

Not distinguished 

385

84

Total 
Transport 
Passengers 

Transport 
Goods 

Total 
Transport 
Passengers 

Transport 
Goods 

of 

of 

of 

of 

28599
114

10713
642

1855

4349

1969
0

4991
5

7

13

97 

9651 
11 

149 

160 
0 

0 

Netherlands 
Poland 

Total 
Not distinguished 
of 
Transport 

7
36065
85903

18
24470
7360

0 
1712 
32 669 

181

20364
653

4498

5151
5

13

18
26182
40029

EN 

15 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Passengers 

Transport 
Goods 

of 

255349

96954

240 990 

337944

Not distinguished 

14434

1611

352 

1963

Total 

355686

105925

273659 

379936

0 

0 

0 

1015 

6097 

7112 
11 

708 

719 
84 

1

108

1

110
1015

6097

7112
77

1831

1918
150

2652

Portugal 

Romania 

Slovakia 

Slovenia 

Spain 

Sweden 

Transport 
Passengers 

Transport 
Goods 

of 

of 

68

2415

Not distinguished 

4

Total 
Transport 
Passengers 

of 

2487
23632

of 

54562

78194
11

1

108

1

110
0

0

0
66

3143

1123

3154
711

1199
66

of 

of 

of 

of 

of 

Transport 
Goods 

Total 
Transport 
Passengers 

Transport 
Goods 

Total 
Transport 
Passengers 

Transport 
Goods 

Total 
Transport 
Passengers 

Transport 
Goods 

Total 
Transport 
Passengers 

Transport 
Goods 

1065

1406

1246 

1776
217837

1472
29680

1330 
7098 

2802
36778

of 

1185783

173276

19147 

192423

1403620
4930

of 

202956
571

26245 
84 

229201
655

of 

65127

23620

2095 

25715

Not distinguished 

75

21

Total 

United Kingdom  Transport 

of 

Passengers 

70132
20255

24212
1165

0 

2179 
101 

21

26391
1266

Transport 

of 

195763

66818

9605 

76423

EN 

16 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Goods 

Total 
Total 

Switzerland 

216018
107374

67983
107904

9706 
3578 

77689
111482

4.3.2.  Number of drivers checked at the premises of undertaking 

Member State 

Carriage of 
passengers 

Carriage of 

goods 

Carriage for own 
account 

Carriage for hire 
and reward 

Austria  
Belgium9 
Cyprus 
Czech Republic 
Denmark 
Estonia 
Finland 
France 
Germany 
Greece 
Hungary 
Ireland 
Italy 
Latvia10 
Lithuania 
Luxembourg5 
Malta5 
Netherlands11 
Poland 
Portugal 
Romania 
Slovakia5 
Slovenia 
Spain 
Sweden 
United Kingdom 
Switzerland 

1308
2007
0
739
596
13
5355
18672
11363
557
336
906
717
2210
466
250
0

48409
519
4400
3486
112
503
768
1329

18248

10
6801
3076
110
6935
71560
75231
584
2948
6613
7026
42211
2313
1501
43

144192
3442
13789
74330
639
33383
3927
6086

2367 
941 
17 
215 
315 
3 
90 
1163 
10192 
82 
245 
698 
1058 

162 

2061 
49770 
581 
580 

84 
3670 
113 
908 
1325280 

16970
25403
0
7325
2761
120
8504
89069

237
3039
7005
6789

2617

1489
142831
3380
17609

667
39743
2123
5178
0

4.3.3.  Number of working days checked at the roadside 

Member State 

Type of 
Transport 

EU 

Third Countries 

Total Non-
Nationals 

9 
10 
11 

No data submitted for carriage of goods 
No differentiation between carriage for own account and carriage for hire and reward 
No differentiation between carriage of passengers and goods 

EN 

17 

   EN 

 
 
 
 
 
 
 
 
 
 
                                                 
Austria  

Belgium 

Cyprus 

Nationals 

Non-
Nationals 

Transport 
Passengers 
Transport 
Goods 

of 

of 

Not distinguished 

Total Number 

Transport 
Passengers 

of 

2503

2718

4095 

6813

94783

64307

27065 

91372

31068

14992

128354
11373

82017
8613

5427 

36587 
368 

20419

118604
8981

Transport 
Goods 

of 

91361

136170

6914 

143084

Total Number 
Transport 
Passengers 

Transport 
Goods 

of 

of 

Total Number 

102734
1360

144783
0

7282 
0 

152065
0

3033

0

0 

4393
24397

0
4945

0 
1747 

0

0
6692

Czech Republic  Transport 

of 

Passengers 

Transport 
Goods 

of 

591604

183547

28972 

212519

Not distinguished 

482

91

6 

Denmark 
Estonia 

Total Number 
Not distinguished 
Transport 
of 
Passengers 

616483
229851
320

188583
25454
120

Transport 
Goods 

of 

4360

880

Finland 

Total Number 
Transport 
Passengers 

of 

4680
11211

1000
1363

30725 

2531 

10 

140 

150 
1329 

97

219308
27985
130

1020

1150
1692

Transport 
Goods 

of 

234075

44854

31487 

76341

Not distinguished 

16

0

France12 

Total Number 
Transport 
Passengers 

of 

245286
263281

46217
166763

0 

32816 

0

79033
166763

12 

Differentiation only between residents and non-residents 

EN 

18 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Transport 
Goods 

of 

6567182

1906883

Germany 

Total Number 
Transport 
Passengers 

of 

6921263
163287

2073646
118947

43398 

1906883

2073646
162345

Greece 

Hungary 

Ireland 

Italy 

Transport 
Goods 

of 

5640428

4673898

750062 

5423960

Total Number 
Transport 
Passengers 

Transport 
Goods 

Total Number 
Transport 
Passengers 

of 

of 

of 

2493666
2603

4792844
33

793460 
143 

5586305
176

8220

54

687 

741

8823
8620

87
4324

830 
6517 

917
10841

Transport 
Goods 

of 

220585

67646

54007 

121653

Total Number 
Transport 
Passengers 

of 

229205
3011

71970
32

60524 
2 

132494
34

Transport 
Goods 

of 

31655

52

3 

57

Total Number 
Transport 
Passengers 

of 

34666
254000

84
20830

5 
6221 

89
27051

Transport 
Goods 

of 

1670639

161425

39613 

201038

Not distinguished 

171081

10034

Latvia13 

Total Number 
Transport 
Passengers 

of 

2095720
3708

192289
464

3171 

49005 

Transport 
Goods 

of 

54468

13864

Lithuania 

Total Number 
Transport 
Passengers 

of 

58176
15449

14328
664

710 

13202

241291
464

13864

14328
1374

Transport 
Goods 

of 

17366

12602

12090 

24692

Not distinguished 

477

85

172 

257

13 

No differentiation between other Member States and third countries 

EN 

19 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Luxembourg 

Malta 

Netherlands 
Poland 

Total Number 
Transport 
Passengers 

Transport 
Goods 

Total Number 
Transport 
Passengers 

Transport 
Goods 

of 

of 

of 

of 

Total Number 
Not distinguished 
Transport 
of 
Passengers 

33292
203

133351
1915

12972 
20 

146323
1935

5369

13497

5572
0

15412
10

54

55

491 

511 
0 

0 

13988

15923
10

55

54
82849
897829

65
55924
624086

0 
3907 
376189 

65
59831
1000275

Transport 
Goods 

of 

3827715

637446

1818627 

2456073

Not distinguished 

144951

19146

4180 

23326

Portugal 

Total Number 
Transport 
Passengers 

of 

4870495
1208

1280678
6

2198996 
0 

3479674
6

Transport 
Goods 

of 

15728

Not distinguished 

12

Total Number 
Transport 
Passengers 

of 

16948
68102

Transport 
Goods 

of 

136893

Total Number 
Transport 
Passengers 

of 

204995
120

512

0

518
0

0

0
463

Romania 

Slovakia 

0 

0 

0 
2889 

512

0

518
2889

13770 

13770

16659 
8 

16659
471

Transport 
Goods 

of 

35753

12445

1511 

13956

EN 

20 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Slovenia14 

Spain 

35873

12908

1519 

Total Number 
Transport 
Passengers 

Transport 
Goods 

of 

of 

Total Number 
Transport 
Passengers 

Transport 
Goods 

of 

468488

64365

15271 

of 

2500236

317940

41336 

359276

14427
7112

32698

39810
79636

Sweden 

Total Number 
Transport 
Passengers 

of 

2968724
12580

382305
1378

56607 
250 

438912
1628

Transport 
Goods 

of 

256239

87230

7267 

94497

Not distinguished 

414

101

United Kingdom  Transport 

of 

Total Number 

269233
119407

88709
9193

1 

7518 
1079 

102

96227
10272

Passengers 

Transport 
Goods 

of 

1028459

424578

49696 

474274

Switzerland 

Total Number 
Not distinguished 

1147866
321’578

433771
321’978

50775 
9’952 

484546
331930

4.3.4.  Number of working days checked at premises of undertaking 

Member State 

Carriage of 
passengers 

Carriage of 

goods 

Carriage for own 
account 

Carriage for hire 
and reward 

Austria  
Belgium15 
Cyprus 
Czech Republic 
Denmark 
Estonia 
Finland 
France 
Germany 
Greece 
Hungary 

23934
43036
0
123734
4388
5105
24978
412506
241783
6896
53146

320821

345
434757
50126

19874 

109640
1624636
1384398
11927
357179

45724 
21882 
499 
55566 
4431 
230 
2422 
15262 
141902 
675 
13426 

294561
797762
0
502925
45785
24749
114004
2021880

2650
370605

14 
15 

No differentiation between nationals and non-nationals 
No data on transport of goods available 

EN 

21 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Ireland 
Italy 
Latvia16 
Lithuania 
Luxembourg11 
Malta13 
Netherlands17 
Poland 
Portugal 
Romania 
Slovakia11 
Slovenia 
Spain 
Sweden 
United Kingdom 
Switzerland11 

52536
107100
2210
9958
9280
0

48409
10012
74367
3486
6139
107324
14537
224411

545508
779882
42211
54858
57239
947

144192
72653
147006
74330

35110 

1082072
131121
1785257

58835 
77496 

3116 

348835 
49770 
3885 
5303 

4605 
98705 
2396 
278180 
0 

539194
802570

61700

39887
142831
78780
216070

36644
1070691
66989
1507077
1325280

16 
17 

No differentiation between carriage for own account and carriage for hire and reward 
No differentiation between transport of goods and transport of passengers 

EN 

22 

   EN 

 
 
 
 
 
 
                                                 
4.4. 

Offences; Number of offences recorded 

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

Member State 

Type of offence 

Passengers 

Goods 

Austria  

Daily 
period 

Nationals 

EU 

Third 
Countries 

driving 

306

370

129

Total Non-
Nationals 
499

Nationals 

EU 

8055

4002

Third 
Countries
956

Total Non-
Nationals 

4958 

Total 
Passengers 
and Goods 
13818 

Six 
maximum 

days 

Fortnight 
Not distinguished 
Daily 
driving 
period 

Six 
maximum 

days 

Fortnight 
Daily 
period 

driving 

Six 
maximum 

days 

Fortnight 
Daily 
driving 
period  and  six 
days maximum 

Fortnight 
Daily 
period 

driving 

62

2
128
13

2

0
235

54

0
9

0
4

26

2
66
0

0

0
30

7

0
0

0
0

Belgium 
Cyprus 

Czech Republic 

Denmark 

Estonia 

EN 

4

2
8
0

0

0
2

0

0
0

0
0

23 

30

4
74
0

0

0
32

7

0
0

0
0

1293

507

191

698 

2083 

400
1007
4

28
3153
0

5
278
0

33 
3431 
0 

439 
4640 
17 

2

0

2
1649

0
623

237

2
460

0
42

86

7
0

0
16

0

0
89

18

0
0

0
1

0 

4 

0 
712 

2 
2628 

104 

402 

7 
0 

0 
17 

9 
469 

0 
63 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Finland 

France18 

Germany 

Greece19 
Hungary 

Six 
maximum 

days 

Fortnight 
Daily 
period 

driving 

Six 
maximum 

days 

0

0
97

0

0

0
0

0

Fortnight 
Daily 
period 

Six 
maximum 

Fortnight 
Daily 
period 

driving 

0
27432

0
9812

days 

610

96

driving 

0
5165

0
156

Six 
maximum 

days 

Fortnight 

Daily 
period 

driving 

Six 
maximum 

days 

Fortnight 

274

266

24

0

0

0

0

4

1

0

0

0
0

0

0

0

0
0

0

0

2

1
3026

58

26

0

0
13

0

0

0

0
5

0

0

0 

0 
18 

0 

0 

112

168

127715

10498

1323

11821 

2 

1 
3141 

58 

0 
37244 

706 
144869 

0

21

34

2

0

0

3525

120

21

38

3

0

5995

1393

79

5

80

466

27

0

27

20

147 

3946 

100 

387 

559

1025 

2480 

52

0

79 

0 

161 

68 

18 
19 

No differentiation between other Member States and third countries and between transport of passengers and goods 
Member State did not submit data 

EN 

24 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
48

0

1
680

1

0

0
92

Daily 
period 

driving 

Six 
maximum 

days 

driving 

Fortnight 
Daily 
period 

Six 
maximum 

Fortnight 
Daily 
period 

days 

371

240

driving 

722
1

480
0

Six 
maximum 

days 

Fortnight 
Daily 
period 

driving 

Six 
maximum 

days 

Fortnight 
Daily 
period 

driving 

Six 
maximum 

days 

Fortnight 
Daily 
period 

driving 

0

0
4

1

1
5

0

0
0

0

0
0

0

0
0

0

0
0

Ireland 

Italy 

Latvia 

Lithuania 

Luxembourg 

Malta 

EN 

1

0

0
95

2643

84

217
11343

17

0

3
491

240

606

301

480
0

2102
9

600
1

0

0
4

0

0
0

0

0
0

1

9
64

3

2
31

0

0
0

0

0
12

1

2
50

0

0
0

0

0

0
128

0

0
0

0

0
40

2

2
0

0

0
0

0

0

0
3

0

0
0

0

0
4

0

0
0

0

0
0

25 

17 

2709 

0 

84 

3 
619 

221 
12737 

301 

1518 

600 
1 

3904 
11 

0 

0 
52 

3 

4 
50 

0 

0 
0 

1 

9 
124 

7 

7 
86 

0 

0 
0 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
0

0

0
2
3292

0
0
141

0

0

0

0

0 

0 

0
0
176

0
541
10873

0
118
5682

0
11
1159

0 
129 
6841 

0 
672 
21182 

Six 
maximum 

days 

Fortnight 
Not distinguished 
driving 
Daily 
period 

Six 
maximum 

days 

Fortnight 
Daily 
period 

driving 

Six 
maximum 

days 

Fortnight 
Daily 
period 

driving 

Six 
maximum 

days 

Fortnight 
Daily 
period 

driving 

Six 
maximum 

days 

Fortnight 
Daily 

driving 

Netherlands 
Poland 

Portugal 

Romania 

Slovakia 

Slovenia20 

0

0
7

0

0
0

0

0
7

0

0

109
5

4

0
292

24

5
486

0

106
128

0

0
0
35

0

0
0

0

0
3

0

0
1

0

0
45

0
369

0
414

0

0
7

0

0
3

0

0
8

0

0

176
107

33

3
2424

99

11
6899

0

564

0

84
0

0

1
0

0

0
297

0

1

0

0
0

0

0
105

9

0
50

0

2

0 

84 
0 

0 

0 

369 
119 

37 

1 
105 

4 
2824 

9 

132 

0 
347 

16 
7740 

0 

3 

0 

673 
542 

20 

No correct differentiation between transport of passengers and transport of goods 

EN 

26 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Spain 

Sweden 
United Kingdom 

Switzerland21 

period 

Six 
maximum 

days 

Fortnight 
Daily 
period 

driving 

Six 
maximum 

days 

Fortnight 
Not distinguished 
Daily 
driving 
period 

Six 
maximum 

days 

Fortnight 
Daily 
period 

driving 

Six 
maximum 

days 

Fortnight 

5

13
169

0

3
127
152

0

2
931

34

50

1

11
11

0

0
19
11

0

0
704

18

4

3

8
10

0

0
1
1

0

0
11

0

2

4

19
21

0

0
20
12

0

0
715

18

6

10248

1232

0

0

301
925
3024

0

44

0
247
1928

0

34

92

0

0
12
153

0

2

9 

32 
11762 

1324 

0 

0 

0 
259 
2081 

0 

36 

304 
1331 
5269 

0 

82 
1646 

52 

56 

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

Member State 

Type of offence 

Passengers 

Goods 

Total 

21 

No differentiation between transport of passengers and goods 

EN 

27 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Austria  

Driving more than 
4.5  hours  without 
break 

Belgium 

Cyprus 

Breaks too short 

Not distinguished 

Driving more than 
4.5  hours  without 
break 

Breaks too short 

Czech Republic 

Driving more than 
4.5  hours  without 
break 

Breaks too short 

Denmark 

Driving more than 

EN 

Nationals 

EU 

Third 
Countries 

Total Non-
Nationals 

Nationals 

EU 

Third 
Countries

Total Non-
Nationals 

Passengers 
and Goods 

422

362

244

606

6991

3797

1451

5248 

16307 

135

14

52

0

357

126

29

19

22

0

0

29

8

0

20

4

0

0

7

2

0

28 

39

26

0

0

36

10

0

4031

264

12

585

631

0

228

65

0

0

1323

0

517

983

1307

171

0

0

58

34

0

813 

696 

0 

0 

575 

1978 

1000 

64 

2291 

205 

0 

1324 

1336 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
4.5  hours  without 
break 

Breaks too short 

Driving more than 
4.5  hours  without 
break 

Breaks too short 

Driving more than 
4.5  hours  without 
break 

Breaks too short 

Estonia 

Finland 

0

1

1

348

0

0

0

0

0

0

0

0

0

0

0

0

0

75

22

1286

0

6

3

0

0

0

0

0

0 

6 

3 

0 

0 

82 

26 

1634 

EN 

29 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
France22 

Germany 

Greece23 

Hungary 

Ireland 

126

0

0

0

963

0

0

0 

1089 

31334

4894

4894

0

2863

0

95

0

61

156

127952

6854

1046

7900 

138871 

36228 

0 

Driving more than 
4.5  hours  without 
break 

Breaks too short 

Driving more than 
4.5  hours  without 
break 

Breaks too short 

4171

161

Driving more than 
4.5  hours  without 
break 

Breaks too short 

Driving more than 
4.5  hours  without 
break 

44

28

56

22

10

1

61

43

28

0

232

145271

6554

934

7488 

157162 

71

2031

536

579

1115 

3261 

38

1

913

1043

291

11

283

0

574 

11 

1581 

1077 

22 
23 

No differentiation between other Member States and third countries and between transport of passengers and goods 
Member State did not submit data 

EN 

30 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Italy 

Latvia 

Breaks too short 

Driving more than 
4.5  hours  without 
break 

Breaks too short 

Driving more than 
4.5  hours  without 
break 

Breaks too short 

Lithuania 

Driving more than 
4.5  hours  without 
break 

Breaks too short 

Luxembourg 

Driving more than 
4.5  hours  without 
break 

63

751

12

0

0

4

0

3

0

53

0

0

0

2

0

0

EN 

0

0

0

0

0

2

0

0

31 

0

53

1531

8437

1

224

0

0

0

4

0

0

536

30

2

75

0

17

38

0

0

5

0

37

0

61

5

0

0

37

0

0

1 

285 

1595 

9526 

43 

0 

0 

42 

0 

37 

591 

30 

2 

125 

0 

57 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Malta 

Breaks too short 

Driving more than 
4.5  hours  without 
break 

Breaks too short 

Netherlands 

Not distinguished 

Poland 

Portugal 

Romania 

Driving more than 
4.5  hours  without 
break 

Breaks too short 

Driving more than 
4.5  hours  without 
break 

Breaks too short 

Driving more than 
4.5  hours  without 
break 

0

0

0

18

0

0

0

5

0

0

0

0

0

0

0

5

0

0

0

0

2

1

1322

120

0

0

0

10

0 

2 

1 

130 

0 

2 

1 

1475 

3243

416

74

490

11573

8736

2680

11416 

26722 

0

10

3

2345

0

4

0

0

0

0

0

0

4

0

0

136

24

123

123

8931

0

4

0

0

0

0

0

0 

4 

154 

0 

27 

836

836 

12235 

EN 

32 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Slovakia 

Slovenia24 

Spain 

Breaks too short 

Driving more than 
4.5  hours  without 
break 

Breaks too short 

Driving more than 
4.5  hours  without 
break 

Breaks too short 

Driving more than 
4.5  hours  without 
break and breaks 
too short 

Sweden 

Not distinguished 

United Kingdom 

Not distinguished 

Switzerland25 

Driving more than 
4.5  hours  without 
break 

0

1100

0

6

2

194

313

284

0

18

0

1

1

14

31

20

1856

1902

0

0

0

5

0

20

0

2

6

0

18

0

6

1

34

31

22

0

13725

0

745

0

73

0 

0 

818 

15661 

23

0

0

0 

23 

12 

3 

5695

493

57

550 

6473 

1215

208

17074

9058

9

654

217 

177§ 

9712 

27092 

1908

3762 

24 

No correct differentiation between transport of passengers and transport of goods 

EN 

33 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Breaks too short 

1789

1815

20

1835

3624 

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

Member State 

Type of offence 

Passengers 

Goods 

Nationals 

EU 

Third 
Countries 

Austria  

Daily 

Belgium 
Cyprus 

Czech Republic 

Denmark 

Estonia 

Finland 

France26 

Germany 

Weekly 
Not distinguished 
Daily 

Weekly 
Daily 

Weekly 
Daily 

Weekly 
Daily 

Weekly 
Daily 

Weekly 
Daily 

Weekly 
Daily 

319

22
112
37

0
168

52
82

0
5

0
209

8
40141

1799
5754

407

32
164
0

0
5

2
0

0
2

0
0

0
9875

0
252

328

48
7
0

0
2

0
0

0
0

0
0

0

205

Total Non-
Nationals 
735

80
171
0

0
7

2
0

0
2

0
0

0
9875

0
457

Nationals 

EU 

6488

991
828
2

0
1521

179
1512

0
98

21
5962

64

3928

504
2859
0

0
329

46
0

0
28

2
4

1

Third 
Countries
1285

193
218
0

0
39

18
0

0
3

1
17

1

Total Non-
Nationals 

5213 

697 
3077 
0 

0 
368 

64 
0 

0 
31 

3 
21 

2 

216315

21281

4009

25290 

Total 
Passengers 
and Goods 
12755 

1790 
4188 
39 

0 
2064 

297 
1594 

0 
136 

24 
6192 

74 
50016 

1799 
247816 

25 
26 

No differentiation between transport of passengers and goods 
No differentiation between other Member States and third countries and between transport of passengers and goods 

EN 

34 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                                                                                                                                                                                                           
Greece27 
Hungary 

Ireland 

Italy 

Latvia 

Lithuania 

Luxembourg 

Malta22 
Netherlands 

Poland 

Portugal 

Romania 

Slovakia 

Weekly 

Daily 

Weekly 
Daily 

Weekly 
Daily 

Weekly 
Daily 

Weekly 
Daily 

Weekly 
Daily 

Weekly 

Daily 

Weekly 
Daily 

Weekly 
Daily 

Weekly 
Daily 

Weekly 
Daily 

27 

No data supplied by Member State 

EN 

712

97

67
48

8
257

317
0

0
20

10
4

0

63

9
5364

1583
29

3
754

5422
397

45

16

8
1

1
14

72
0

0
21

6
0

0

36

2
373

38
7

0
0

0
28

20

34

22
0

0
0

0
0

0
22

6
0

0

18

0
148

0
0

0
7

267
0

35 

65

50

30
1

1
14

72
0

0
43

12
0

0

54

2
521

38
7

0
7

267
28

5042

1781

593
2645

332
5403

635
24

1
150

34
20

0

445

725

205
12

3
203

112
0

0
90

21
12

0

2416

1077

4
22193

2721
188

17
3068

15753
11242

1
10026

1029
10

1
0

0
457

89

923

283
0

0
54

2
0

0
124

25
0

0

108

0
3293

175
0

0
81

1917
77

534 

1648 

558 
12 

3 
257 

114 
0 

0 
214 

46 
12 

0 

6353 

3576 

1248 
2706 

344 
5931 

1138 
24 

1 
427 

102 
36 

0 

1185 

3718 

1 
13319 

1204 
10 

1 
81 

1917 
534 

16 
41397 

5546 
133 

21 
3910 

23359 
12201 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Slovenia28 

Spain 

Sweden 
United Kingdom 

Switzerland29 

Weekly 
Daily 

Weekly 
Daily 

Weekly 
Not distinguished 
Daily 

Weekly 
Daily 

Weekly 

39
111

0
743

53
357
592

1745
2187

745

1
84

0
70

0
54
43

127
2019

789

0
199

1
167

0
10
3

10
24

7

1
283

1
237

0
64
46

137
2043

796

1187

6

0

6 

11953

182
1680
7564

1436

1330

0
471
3611

1033

185

0
24
377

119

1515 

0 
495 
3988 

1152 

1233 
394 

1 
14448 

235 
2596 
12190 

4470 
4230 

1541 

28 
29 

No correct differentiation between transport of passengers and transport of goods 
No correct differentiation between transport of passengers and transport of goods 

EN 

36 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
4.4.4. Article 14 of Regulation (EEC) No 3820/85: Service time table and Duty roster 

Member State 

Type of offence 

Passengers 

Nationals 

EU 

Third 
Countries 

Total Non-
Nationals 

Austria  

Faulty 

126

Belgium30 
Cyprus25 
Czech Republic 

Denmark 

Estonia 

Finland 

France31 

Germany 

Greece25 
Hungary 

Ireland 

Italy 

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 

and 

31

3

10
0

0

1

0

133

0
499

134

64

24

22
2

0
970

46

56

31

0

7
0

0

0

0

0

0

168

35

66

1

0
0

0
19

0

42 

18 

0 

0 
0 

0 

0 

0 

0 

0 

39 

49 

2 

1 
0 

0 
0 

3 

98

49

0

7
0

0

0

0

0

0

168

74

115

3

1
0

0
19

3

30 
31 

Member State did not submit data 
No differentiation between other Member States and third countries 

EN 

37 

   EN 

 
 
                                                 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Latvia 

Faulty 

Lithuania 

Luxembourg 

Malta25 

Netherlands 

Poland 

Portugal 

Romania 

Slovakia25 
Slovenia 

Spain 

Sweden 

United Kingdom 

Switzerland 

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 
Faulty 
incorrectly 
applied 

0

2
12

2
0

0

0

0
55

25

2

0

0

0

0

0

0
0

0
0

0

0

0
0

0

0

0

0

0

0

0 

0 
0 

0 
0 

0 

0 

0 
0 

0 

0 

0 

0 

0 

0 

4
3751

1
350

4 
298 

21

2

0

0

0

0

0  

0 

0 

0

0
0

0
0

0

0

0
0

0

0

0

0

0

0

5
648

0

0

0

and 

and 

and 

and 

1103

1234

27 

1261

EN 

38 

   EN