COMMISSION STAFF WORKING DOCUMENT Accompanying the document REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the implementation in 2011-2012 of Regulation (EC) No 561/2006 on the harmonisation of certain social legislation relating to road transport and of Directive 2002/15/EC on the organisation of the working time of persons performing mobile road transport activities (27th report from the Commission on the implementation of the social legislation relating to road transport)
Date: 2014-11-21
Institutions: European Commission
Subjects: administrative sanction, application of the law, carriage of passengers, drivers, international road transport, judgment of the Court (EU), rest period, road safety, speed control, traffic offence, transport statistics













EUR-Lex - 52014SC0342 - EN











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52014SC0342

COMMISSION STAFF WORKING DOCUMENT Accompanying the document REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the implementation in 2011-2012 of Regulation (EC) No 561/2006 on the harmonisation of certain social legislation relating to road transport and of Directive 2002/15/EC on the organisation of the working time of persons performing mobile road transport activities (27th report from the Commission on the implementation of the social legislation relating to road transport) /* SWD/2014/0342 final */









TABLE OF CONTENTS
                                                                                                                                        PAGE
1.      Social
legislation in road transport – objectives and key provisions                                       4
2.      Data
submission                                                                                                                      5
3.      Checks                                                                                                                                                6
4.      Checks
compared to the number of enforcement officers and equipment to analyse
tachographs                                                                                                                             7
5.      Roadside
checks                                                                                                                     8
6.      Roadside
checks – type of tachograph                                                                                   8
7.      Checks
at premises                                                                                                                  11
8.      Offences
– detection rates                                                                                                      11
9.      Offences
detected at roadside – detection rates                                                                    12
10.  Offences
detected at premises – detection rates                                                                    12
11.  Categories
of infringements detected at roadside                                                                  13
12.  Categories
of infringements detected at premises                                                                  13
13.  Relations
and cooperation between Member States                                                               13
14.  Penalties                                                                                                                                  18
15.  Exceptions
granted by Member States                                                                                   18
16.  Comments
and proposals                                                                                                        22
17.  Interpretation
of Regulation (EC) No 561/2006 and Council Regulation (EEC) No 3821/85 23
17.1 Judgment of the Court of Justice of
3 October 2013 in case C317/12 Lundberg          23
17.2 Judgment of the Court of Justice of
9 February 2012 in case C‑210/10
Márton Urbán               23
17.3 Judgment of the Court of Justice of
28 July 2011 in case C-554/09 Seeger                  24
17.4 Judgment of the Court of Justice of
29 April 2010 in case C-124/09 Smit Reizen       24
18.  Overview
of legislative acts transposing Directive 2002/15/EC in Member States               25
19.  Issues
in relation to enforcement of Directive 2002/15/EC                                                    30
20.  Stakeholders'
views on implementation of Directive 2002/15/EC in Member States            31
21.  Monitoring
and control arrangements of Directive 2002/15/EC in Member States               32
22.  Statistics
on minimum checks to be carried out                                                                      33
23.  Statistics
on number of working days checked at roadside                                                   34
24.  Statistics
on checks at roadside by the number of drivers checked at roadside by country
of registration and type of carriage                                                                                                35
25.   Statistics
on checks at roadside by the number of vehicles stopped at roadside check by 
country of registration and type of tachograph                                                                      36
26.  Statistics
on checks at premises by the number of drivers, undertakings and working days 
checked at premises                                                                                                                37
27.  Table
of number of undertakings, drivers checked and offences detected by size of the
fleet of all Member States                                                                                                       38
28.  Statistics
on types of offences at roadside                                                                             44
29.  Statistics
on types of offences at premises                                                                             45
1.
Social legislation in road transport – objectives and key provisions
Social
rules in road transport are established by four interrelated acts Regulation
(EC) No 561/2006, which establishes rules on driving times, breaks and rest
periods for professional drivers; Regulation (EEC) No 3821/85 on recording
equipment in road transport, Directive 2002/15/EC, which sets out complementary
provisions on the organisation of the working time of persons performing mobile
road transport activities and Directive 2006/22/EC, which determines minimum
requirements for enforcement of these rules.
Regulation
(EC) No 561/2006 applies to employed and self-employed drivers engaged in the
carriage by road of goods where the maximum permissible mass of the vehicle
exceeds 3.5 tonnes and of passengers by vehicles carrying more than 9 persons
including the driver. The maximum weekly driving time of a driver shall not
exceed 56 hours (provided that no more than 90 hours are driven in any two
consecutive weeks). The total daily driving time should not exceed 9 hours,
although twice a week it can be extended to 10 hours. Breaks should last for at
least 45 minutes (which may be separated into a break of 15 minutes followed by
30 minutes) and should be taken not later than 4.5 hours of driving period. The
daily rest period is determined at the level of minimum 11 hours, which can be
reduced three times a week to 9 hours. 
Council
Regulation (EEC) No 3821/85 on recording equipment in road transport provides
the basis for the tachograph, which is a device that records driving time,
breaks, rest periods and other work. Its purpose is to monitor compliance of
professional drivers with driving time provisions of Regulation (EC) No
561/2006. The tachograph must be installed in vehicles to which Regulation (EC)
No 561/2006 applies. Since the 1st of May 2006 there is an obligation to
install a digital tachograph in all new registered vehicles in the EU. There is
no mandatory retrofit for vehicles already registered before that date and
fitted with an analogue tachograph.  The Council Regulation was repealed by
Regulation (EU) No 165/2014, which aims at reducing administrative burden and
making fraud more difficult.  
Directive
2002/15/EC (Working Time Directive) applies to mobile workers such as drivers,
crew and other travelling staff, both with the employment or self-employment
status. The Directive complements Regulation (EC) No 561/2006 by putting in
place limitations on the overall daily and weekly working time of workers in
the road transport sector as well as minimum daily/weekly periods of rest and
adequate breaks. Working time is defined in the Directive as time devoted to
all road transport activities, including driving, loading and unloading,
assisting passengers boarding and disembarking from the vehicle, cleaning and
technical maintenance and all other work intended to ensure the safety of
transport operation. Specific time limits are set out in relation to weekly
working time (excluding breaks and periods of availability) which amounts to
maximum 48 hours a week or 60 hours, provided that over four months, an average
of 48 hours a week is maintained. Moreover, a limitation to 10 hours on daily
working time is introduced in case of night work. Each mobile worker is obliged
to take a break after working consecutively for 6 hours, which should be at
least 30 minutes, if working hours range from 6 to 9 hours and at least 45
minutes, if working time equals to more than 9 hours. 
Directive
2006/22/EC called "Enforcement Directive" aims at enforcing
compliance and ensuring application of the driver's hours rules established by
Regulation (EC) No 561/2006. The Directive promotes harmonised interpretation
of social rules in road transport by means of minimum requirements for the
uniform and effective checking by Member States. The minimum threshold of
checks of the total number of days worked by drivers falling under the scope of
Regulation (EC) No 561/2006 and Regulation (EEC) No 3821/85[1] is set
to 3% from 2010. In addition, the total number of working days actually checked
should be carried out in proportional manner for checks at roadside and at
premises of transport undertakings; 30 % and 50 % respectively. In order to
encourage cooperation between Member States, an obligation of minimum 6
concerted roadside checks per year undertaken by two or more enforcement
authorities was introduced. The Directive provides for the establishment of
guidelines on best enforcement practices and introduces categorisation of
infringements (amended by Commission Directive 2009/5/EC, currently under
revision).
2. Data submission
Data
has been submitted by all Member States in most of the cases in a timely
manner. The overall timeliness improved significantly in comparison with the
previous reporting period for the years 2009 and 2010. Seven Member States sent
their reports with a delay[2].
All Member States provided data by means of the standard reporting form. The
quality and consistency of national reports improved constituting a coherent
base for this biennial report. Switzerland has as well submitted detailed
information on the implementation of social legislation in 2012. However, due
to its unsuitable format the information could not be integrated into this
report. 
Some
of the inconsistent or missing data was due to technical constraints during
data collection process in some Member States[3].
Furthermore, there were some Member States[4]
which still reported that data was collected in not disaggregated manner or in
the wrong format which did not allow for their inclusion in the national
reports. These issues should be addressed in view of the next biennial report
for the years 2013-2014 in order to assure more reliable and better quality
overview at the European level. 
3. Checks 
Looking
closely at the number of working days effectively checked in relation to the
minimum number of working days to be checked, it is noticeable that the
majority of Member States performed more checks than required by Directive
2006/22/EC. For the purpose of better illustration of the results, 100% signifies
meeting the minimum threshold of 3% of checks. 
The
collected data shows that all countries reached this threshold, except for Greece (10%), the Netherlands (64%), Denmark (79%), Italy (92%) and Latvia (93%). Even though, Greece increased the number of working days checked compared with the previous period,
levels of controls remain significantly below the threshold, already for the 3rd
time in a row. Denmark did not meet the requirement of minimum checks for the
second time in a row and deteriorated by additional 3 percentage points from
82% in number of working days checked as a proportion of the minimum number of
checks to 79%. The Netherlands lowered significantly the number of the controls
from 90% in 2009-2010 to 64% in this reporting period. Nevertheless, it should
be taken into consideration that agreements with various freight and passenger
transport operators were concluded in the Netherlands. According to these
arrangements transport undertakings report back to the national authority on
the results of their own monitoring of working and driving times and rest
periods. It indirectly provides for an additional one million of driver working
days checked, which when added to traditional checks would allow meeting the
minimum checks threshold. In this reporting period Italy and Latvia for the first time performed around 10% fewer checks than the minimum required.
Compared
with the previous reporting period 2 Member States (Portugal and Slovenia) improved their enforcement performance and met the legitimate threshold of
checks.
There
are several Member States that performed considerably more checks than required
by the legislation. These are France, Germany, Bulgaria, Austria, Czech Republic and Romania. France performed the most of the working days checked compared
to the required minimum checks, followed by Germany. These two countries
account for almost half of the total working days checked in the European Union
(83 million out of 159 million).
Regarding
the type of controls, there is an upward trend in controls at premises of
undertakings from 18% to 20% on average in this reporting period. However, only
the following countries[5]
complied with the requirement of minimum checks at premises; Ireland (78%), Malta (61%), Cyprus (60%), Slovakia (57%) and Lithuania (55%). Member States which
proportionally had the fewest checks at premises in terms of their overall
working days checked are Sweden (1%), Germany (8%), France (11%), Austria (17%) and the Netherlands (18%). 
4. Checks compared to the number of
enforcement officers and equipment to analyse tachographs
It
is worth noting that all checks were performed by significantly lower number of
enforcement officers for all Member States, who dropped by 75% from almost
383.5 thousand to 96.7 thousand. There was as well a slight decrease of 6.8% in
the number of equipment to analyse the tachographs in comparison with the
previous reporting period, which is proportionally the most noticeable in five
Member States[6].
This tendency could indicate an inconsistency in reporting on the equipment and
number of enforcement officers between the current and previous period.
Nevertheless, as Member States did not provide specific information on this
matter no clear-cut conclusions can be drawn.  

Table 1 – National Enforcement 
 National Enforcement 
 Member States || number of control officers involved in checks || number of control officers trained to analyse the digital tachograph || number of units of equipment provided to control officers to analyse the tachograph 
 AT || 950 || 950 || 485 
 BE || 370 || 120 || 76 
 BG || 259 || 259 || 255 
 CY || 9 || 6 || 4 
 CZ || 693 || 693 || 136 
 DK || 60 || 60 || 40 
 EE || 260 || 236 || 26 
 FI || 230 || 190 || 95 
 FR || 7,200 || 7,200 || 3,500 
 DE || 15,690 || 6,310 || 3,315 
 EL || 2,518 || 103 || 66 
 HU || 289 || 162 || 127 
 IE || 12 || 12 || 12 
 IT || 35,363 || 3,387 || 1,186 
 LV || 19 || 19 || 12 
 LT || 788 || 70 || 70 
 LU || 54 || 26 || 6 
 MT || 2 || 2 || 1 
 NL || 200 || 300 || 85 
 PL || 1,587 || 1,283 || 884 
 PT || 4,271 || 291 || 80 
 RO || 661 || 621 || 330 
 SK || 45 || 45 || 45 
 SL || 375 || 127 || 46 
 ES || 470 || 470 || 423 
 SE || 251 || 215 || 206 
 UK || 616 || 273 || 273 
 TOTAL || 73,242 || 23,429 || 11,784 
5. Roadside checks 
The
percentage of non-national vehicles checked at roadside amounted to 74% in
Slovenia, 65% in Luxembourg, 61% in Belgium, 57% in Austria, 55% in Lithuania and
within a range of 51% -53% for France, Hungary and Malta. The predominance of
non-national drivers controlled at roadside shows similar dynamics with an
exception of Lithuania whose controls touched mainly national drivers. In the case
of these countries a factor of geographical location or a volume of transit
operations should also be taken into account. Nevertheless, on the basis of the
collected data from the current and previous reporting periods, five of the
above mentioned countries[7]
did not restore the balance of controls for the second time in a row despite the
reminder on non-discriminatory manner with regard to the nationality of the
vehicles/drivers in which controls should be performed[8] that
was included in the previous Commission report on the implementation of the
social legislation relating to road transport.
6. Roadside checks – type of
tachograph
An
important issue in roadside checks seems to link to the type of tachograph the
vehicles are equipped with. The digital tachograph was introduced in 2006 and
aims at facilitating the enforcement of the social legislation by providing
more secure and accurate data, while at the same time simplifying the control
procedures. However two Member States reported that the increase in amount of
work during checks should be linked to the introduction of digital tachographs.
It was indicated that in cases of suspected manipulation of digital recording
equipment thorough and more time-consuming checks of the cab and engine
compartment were required. In addition, an issue of keeping various forms of
data records as well as checking drivers performing activities for several
transport operators was brought to light. 
According
to Article 2 of Directive 2006/22/EC, the threshold of minimum checks of number
of days worked by drivers of vehicles will be raised to 4% once the 90% of
vehicles checked are equipped with a digital tachograph. In the period
2007-2008, 32% vehicles checked at roadside were equipped with the digital
tachograph. This number increased by 75% in the following reporting period
2009-2010 to amount to 56%. After this point the value stabilised at the level
of 56% in the current reporting period in the European Union. Nevertheless,
significant fluctuations were observed at national level, with increases in the
numbers of vehicles equipped with the digital tachograph that were subject to
controls in 16 Member States. Therefore taking into account the overall average
of vehicles equipped with digital tachographs that were controlled at the level
of the European Union, there is no base for raising the minimum checks of days
worked by drivers of vehicles to 4% in the near future. 
The
number of vehicles equipped with a digital tachograph is an important indicator
of the fleet composition in Member States because of the obligation of fitting
digital tachograph in new vehicles put into service as from May 2006. It stems
from the data collected that in some countries (Austria, Belgium, Germany, Luxembourg, France, Slovakia and Sweden) that the vehicles of less than 6 years
old should oscillate between 57% and 82%. In contrast, in some countries (Cyprus, Greece, Hungary, Malta and Poland) the fleet appears to be composed by at least 70% of older
vehicles. Detailed numbers and percentages of analogue and digital tachographs
installed in vehicles checked at the roadside in each Member States are
presented below. 
Table 2 - analogue and digital
tachographs installed in vehicles checked at the roadside
 Member States || Analogue tachograph || % analogue || Digital tachograph || in % digital 
 Austria || 84,114 || 34% || 162,165 || 66% 
 Belgium || 22,337 || 36% || 38,994 || 64% 
 Bulgaria || 289,025 || 53% || 252,556 || 47% 
 Cyprus || 7,885 || 98% || 139 || 2% 
 Czech Republic || 103,907 || 58% || 74,259 || 42% 
 Denmark || no data reported 
 Estonia || 5,579 || 64% || 3,136 || 36% 
 Finland || 41,260 || 50% || 41,304 || 50% 
 France[9] || no data reported || 300,000 || 70% 
 Germany || 1,372,668 || 33% || 2,776,463 || 67% 
 Greece || 37,271 || 80% || 9,175 || 20% 
 Hungary || 75,726 || 76% || 24,387 || 24% 
 Ireland || 25,491 || 54% || 21,726 || 46% 
 Italy || 362,705 || 66% || 188,292 || 34% 
 Latvia || 6,357 || 66% || 3,270 || 34% 
 Lithuania || 48,851 || 66% || 24,940 || 34% 
 Luxembourg || 1,620 || 18% || 7,251 || 82% 
 Malta || 22 || 73% || 8 || 27% 
 Netherlands || 15,993 || 54% || 13,655 || 46% 
 Poland || 342,929 || 70% || 145,764 || 30% 
 Portugal || 27,655 || 61% || 17,822 || 39% 
 Romania || 261,561 || 51% || 251,011 || 49% 
 Slovakia || 6,533 || 43% || 8,796 || 57% 
 Slovenia || 12,421 || 68% || 5,871 || 32% 
 Spain[10] || no data reported || 183,194 || 43% 
 Sweden || 20,284 || 38% || 32,753 || 62% 
 United Kingdom || 139,021 || 68% || 65,120 || 32% 
 TOTAL || 3,311,215 || 44% || 4,168,857 || 56% 
7. Checks at premises
Approximately
691 thousand drivers were checked at premises, which represent 7.3% of all
drivers controlled over 2011-2012, both at roadside and premises, and marks a
small advance from 5% in the previous period. A group of three countries,
namely Bulgaria (19%), Germany (15%) and Spain (14%) controlled 48% of all
drivers checked at premises. 
8. Offences – detection rates
It
is worth pointing out that 49% of the total number of offences detected in
Europe was reported in Germany and together with Italy (10%), France (8.9%) Austria (5.3%) and Poland (5.3%), these five countries covered 79% of offences reported in Europe. In line with the downturn in the overall number of offences, this coverage amounted
to 84% in the previous reporting period. A significant discrepancy is noted
between France and Germany in terms of ratios between working days checked,
respectively 23% and 29%, and numbers of offences detected, corresponding to
8.9% and 49%. This distinctiveness is comparable with the previous reporting
period. 
There
is a big disparity between Member States as regards the detection rate ranging
from 0.08 in Bulgaria and 0.36 in Romania to 6.75 in Finland and 6.07 in Slovakia of offences detected per 100 working days checked. Moreover, these national rates
noted big variations seen against the last reporting period. In some countries
there were significant drops like in Ireland from 8.13 to 2.92 and Poland from 5.82 to 1.91, which might suggest either higher awareness of social legislation
among drivers and undertakings or lower effectiveness of controls. In contrast,
some countries increased rates of detected offences, namely Finland from 4.42 to 6.75 and Greece from 0.71 to 4.59, which could indicate enhanced controls of
compliance with the social legislation in these countries.
In
quantitative terms, significant rises of offences detected were observed at
national level, in the following countries in comparison with the previous
reporting period; Austria (41%), Czech Republic (39.5%), Hungary (80%) and
Lithuania (29%). In addition Portugal detected almost 5 times as many offences
as in the last period, Luxembourg 24 as many offences and Greece 39 as many offences as in the last reporting period. On the other side, there are
countries with large declines in offences detected, as Poland (63%), Denmark (48%) and Ireland (55%) in spite of increases in numbers of working days
checked by these countries 12%, 16% and 26% respectively. 
9.
Offences detected at roadside – detection rates
Looking
closely at Member States, diverse fluctuations can be observed between the last
two reporting periods. Some countries noted very high growths of detection
rate; such as Latvia[11]
by 150%, Czech Republic[12]
by 119% and the Netherlands[13]
by 65%. In addition, the detection rate of Luxembourg[14] in
the last reporting period was almost 13 times as high as the detection rate in
the period 2009-2010. In the case of Greece, the detection rate was almost 7
times as high compared with the earlier period.
Some
Member States had lower detection rates in comparison with the previous period,
namely Ireland[15]
showed a 60% decrease in detection rate, Malta[16]
a 62%, as well as Poland[17]
where the detection rate was lower by 63%. 
There
is no distinguishable pattern for these variations of detection rates.
Nevertheless, the overall trend indicates that the effectiveness of controls in
 Europe has been gradually improving. 
10.
Offences detected at premises – detection rates 
It
should be pointed out that Germany detected 54% of all offences at premises in Europe. Together with Italy (16%) and Poland (almost 8%) these three countries cover around
78% of all detected violations at premises. This prevalence underwent a
downturn from 85% in the previous reporting period. The number of offences
detected in Germany corresponds with the highest frequency of offences detected
per 100 working days checked (22.38), which even though it decreased by 34%,
still was more than four times higher than the European average of 5.29. Poland's rate amounted to 3.45 offences detected per 100 working days checked, which
implies greater awareness of social legislation among undertakings. This
conclusion is confirmed by the offence rate per undertaking, which halved in Poland as compared to the last period. Similar trend is perceived in Germany, where the offence rate per undertaking decreased considerably from 81 to 55 in the
present period.
There
are vast disparities in offence detection rates at premises per 100 working
days checked between Member States. Countries like Finland, Germany, Hungary and the Netherlands have significantly more than 10 offences reported per 100
working days checked, whereas Bulgaria (0.01), Greece (0.02), Latvia (0.07), Portugal (0.04), Romania (0.23) and Spain (0.48) have exceptionally low frequency
rate. In the previous reporting period none of these countries exceeded a 0.5
frequency rate. 
11. Categories of infringements
detected at roadside 
The
proportions of roadside violations remained at relatively similar levels as in
previous years. For three categories, namely driving time (22%), breaks (20%)
and rest periods (25%), small increases were noted; respectively 1 percentage
point, 4 percentage points and 2 percentage points. Whereas for violations of
rules on availability of records for 28 days a decrease was observed from 16%
to 15%, from 12% to 8% for recording equipment and from 5% to 4% for lack of
records for other work.
Greater
dynamics in types of offences detected at roadside were witnessed in certain
countries. In reference to driving time violations, in Cyprus, the proportion more than doubled in comparison with the previous reporting period and in Portugal it almost tripled. On the other end, there is Italy, who reported 12% of driving
time offences, against 32% during years 2009-2010. 
The
proportion of some types of offences was particularly high in some Member
States. As regards the recording equipment, the rate in Cyprus amounted to 49% of all offences reported and reached 29% in Estonia, 24% in Ireland and 23% in Poland. In the last three countries these rates more than doubled in comparison
with the previous reporting period, which might suggest a stronger emphasis
being put on verifying the recording equipment on vehicles or an increased
numbers of recording equipment being manipulated.
Concerning
offences committed against rules on 28 days record sheets, they were equal to
around half of all detected offences in Bulgaria (49%), Italy (43%) and Latvia (52%). This rate when seen against the previous reporting period dropped by
17% in Bulgaria and almost doubled in the remaining two countries. 
Offences
related to breaks, driving time, rest periods and 28 days record sheet amount
to 93% of all detected offences, which corresponds to the values from reporting
periods of 2009-2010 and 2007-2008. This elevated proportion illustrates
persistent problems in these areas. 
12. Categories of infringements detected
at premises 
As
in the previous period, the most detected types of offences were violations of
rules on breaks (maintained the 34% level), rest periods (increased by 3
percentage points to amount to 23%), driving time (increase by 2 percentage
points and equalled to 16%) as well as driving time records (growth by 16% to
17%). The biggest change is noted for the offences in relation to lack or
availability of records for other work, which halved in comparison with the
previous reporting period. 
13. Relations and cooperation
between Member States
According
to Directive 2006/22/EC, Member States are obliged to undertake not less than
six concerted roadside checks per year with at least one other Member State. Almost all Members States provided information on concerted checks, which
shows an improvement in comparison with the previous period not only in terms
of reporting quality but as well in the amount of international initiatives
undertaken. Cooperation between countries established mostly between
neighbouring countries and is complemented by actions within the framework of
Euro Contrôle Route (ECR), which put in place collaboration at a bigger scale. 
Joint
checks aim at sharing experiences, knowledge on performing checks as well as
reviewing and harmonising positions on the interpretation of particular
provisions in relation to road transport. Therefore it should be underlined
that the majority of Member States reached the threshold of minimum concerted
checks carried out and in some cases exceeded it significantly. Some countries
indicated that the most beneficial initiatives concerned issues such as
tampering with recording equipment, transport of dangerous goods and social
rules. 
The
TRACE project that was co-financed by the Commission aimed at establishing a
common curriculum for the training of control officers and enhanced cooperation
among Member States. This initiative will be continued with the CLOSER project,
in order to enhance harmonized application of the road
transport legislation based on a common understanding and reduction of discrepancies
between the national enforcement practices. 
Table
3 – Overview of concerted checks undertaken by each Member State
 Austria || 6 concerted checks per year with ECR/TISPOL members, 6 bilateral exchanges of 26 persons with ECR/TISPOL (objectives; driving time checks, checks on tempering with tachograph, technical checks, securing of loads), 3 multilateral exchanges of 8 persons with ECR/TISPOL (objectives; driving time checks, checks on tempering with tachograph, technical checks, securing of loads). 
 Belgium || Member of ECR – frequency unknown. 
 Bulgaria || 20 joint checks with Romania in 2011, 2 joint checks with Romania in 2012. Exchange of information on detected infringements committed by Bulgarian drivers in Germany, Hungary, Austria, Spain, United Kingdom, Italy, Latvia, Romania and Slovenia. 
 Cyprus || In 2012 two officials attended the TRACE programme in Madrid. 
 Czech Republic || 5 multilateral exchanges organised by ECR, 1 trilateral with Poland and Germany organised by ECR, 6 bilateral concerted checks with Germany, 5 with Slovakia, 2 with Hungary, 1 assessment meeting with Poland in 2012. 
 Denmark || Concerted checks organised by TISPOL – frequency unknown. 
 Estonia || 2 joint roadside checks with Latvia in 2011 and 2 joint roadside checks in 2012; 1 joint roadside check with Finland in 2012. 
 Finland || SV and NO regularly send reports to FI concerning FI drivers and undertakings that have committed offences. The data is supplied to the Occupational Safety and Health Inspectorate carrying out checks in undertakings. 
 France || Participation in 8 ECR concerted checks in 2010 and 8 in 2011, several joint checks per year with Belgium, Luxembourg and Germany, exchange of experiences within the framework of ECR; visits of enforcement officers from Germany and Spain as well as visits in United Kingdom, Spain, Germany, the Netherlands, Poland and Hungary. 
 Germany || 5-6 ECR control exchanges each year (joint checks by inspectors from France, Austria, the Netherlands, Czech Republic, and Poland), inspector exchanges focus on social legislation in road traffic, technical roadside inspection and securing the load. Approximately 10-15 exchanges of experience under ECR, TISPOL per year, in which 2-10 inspectors participate. 
 Greece || No information provided. 
 Hungary || 20 actions ECR/TISPOL, organisation of bilateral programmes with Slovenia 2x3 days, with Slovakia 2+1 days and 1 day with Austria. Participation in 2x4 days bilateral programmes organised by Czech Republic. Organisation of multilateral programmes 2x3 days in Zala, 3 days in Debrecen, 3 days in Gyor and 2x4 days organised in Pilsen by the Czech side. ECR programmes and conferences: exchange programme (Leiden, Bristol, Opole, Luxembourg, Manchester), ERRU seminar, ADR master classes, Tachograph Conference (Osnabruck), COM-ECR Cargo Secure Conference, TISPOL conference. 
 Ireland || 25 concerted checks in 2011 and 14 in 2012 with Northern Ireland and United Kingdom. Attendance at TISPOL master classes on manipulation of digital tachograph (3 officers), participation in exchange programmes organised by France, United Kingdom and Spain on compliance (5 officers). Participation in ECR working group meetings in relation to training and enforcement practices. 
 Italy || Checks on commercial vehicles and buses were carried out at national, cross-frontier and trans-European level in the following macro areas: Alpine border with France, Switzerland, Austria and Slovenia; Genoa, Trieste, Livorno, Civitavecchia and Ancona port areas. Naples and Bari motorway junctions. 
 Latvia || 3 joint roadside checks with Lithuania and 3 with Estonia in 2011 as well as 12 joint roadside checks with Lithuania and 2 checks with Estonia in 2012. Various international events (CASH, TRACE, transport of dangerous goods, enforcers training and exchange of experiences organised by Sweden). 
 Lithuania || 14 joint campaign with Poland and Latvia (8 with PL and 6 with LV), 6 ECR joint freight and passenger vehicle checks in 2011. 17 joint checks with Poland and Latvia (6 with PL and 11 with LV), 3 ECR joint freight and passenger vehicle checks in 2012. 
 Luxembourg || Cooperation within the framework of ECR, the most often concerted checks performed with France, Belgium, Germany, the Netherlands – frequency unknown 
 Malta || Participation in TRACE project, no concerted checks undertaken. 
 Netherlands || Participation in 8 ECR and TISPOL cross-border road transport inspections each year, exchanges, workshops and master classes, involving between 20-25 Dutch inspection officials a year. 
 Poland || Participation in 6 ECR coordinated control weeks in 2011 (focus on securing of loads, carriage of people, transport of dangerous goods, tempering with tachograph, technical checks, bus transport) and 8 in 2012 (focus on social rules, transport of dangerous goods, bus transport, securing of loads, technical checks, recording equipment). Participation in 6 trainings and inspectors exchanges in 2011 and 8 in 2012. 
 Portugal || Participation in meetings organised by ECR – frequency unknown. 
 Romania || 3 ECR concerted checks with members (NL, FR, ES, BE, AT, PL, HU, UK, DE, RO), 42 concerted checks with BG in 2011. 5 multilateral exchange of experience organised in Romania, France, United Kingdom, Hungary and Spain in 2011. 8 ECR concerted checks and participation in 2 coordinated controls in 2012.  
 Slovakia || 4 joint checks with Czech Republic and 2 with Hungary in 2011. Joint international inspection in Hungary, with Hungary, Slovakia, Czech Republic, Slovenia and Croatia. Another joint inspection involving Czech Republic, Hungary, Slovakia. 4 joint checks with Czech Republic and 2 with Hungary in 2012. 
 Slovenia || 4 concerted checks with Hungary in 2011 and 3 in 2012, 2 concerted checks each year with Croatia. Active observer in ECR. In years 2011 and 2012 inspectors participated in organised concerted checks in other countries Hungary, the Netherlands, Spain and Germany. 
 Spain || 12 ECR coordinated controls (6 each year), 4 bilateral exchanges with France (2 per year), 2 bilateral exchanges with Portugal, organisation of 2 multilateral exchanges with attendants from Belgium, Slovenia, France, the Netherlands, Luxembourg, Poland, Portugal, Czech Republic, Romania. 
 Sweden || Concerted checks with Denmark, Norway, Germany, Estonia and Finland – frequency unknown. 
 United Kingdom || 13 concerted checks (7 in 2011 and 6 in 2012) with France, Germany, Netherlands, Luxembourg, Belgium, Poland, Romania, Hungary, Ireland, Bulgaria and Spain. Participation in 9 exchanges with Holland, Luxembourg, France, Poland and Spain. Hosting 2 exchanges (one per year) with attendees from France, Ireland, Germany, Romania, Hungary and Spain. TRACE - training package developed in conjunction with CORTE and ECR designed to harmonise enforcement standards of Regulation (EC) No 561/2006 across the EU. The document that was eventually prepared provided an explanation of the regulations which was subsequently delivered as a training package to other Member States at four separate meetings (2 in Brussels, 1 in Budapest and Madrid). TRACE was then taken on by the Commission and translated into 27 languages. 
14. Penalties
Seven
Member States have provided information on the level and categories of
seriousness of penalties they impose. On the basis of data provided, the level
of fines across Europe continues to vary significantly. In order to approximate
the level of sanctions, the Commission Directive 2009/5/EC[18] was
put in place. It aims at minimising these discrepancies by providing a common
range of infringements divided into categories according to their gravity. The
level of sanctions should reflect the level of seriousness of infringements and
be in accordance with the proportionality principle set out in Article 19 of
Regulation (EC) No 561/2006. The Netherlands and Romania notified that they
aligned their categories of penalties with the above mentioned Directive. There
were changes in the systems of penalties in Denmark, Estonia, Greece and Luxembourg. In addition, Luxembourg introduced
fines that need to be paid during the control at roadside for several
infringements classified as minor or serious according to Annex III of the
Directive 2006/22/EC. In Slovakia the power of immobilising the vehicle in the
reserved parking area until the fine is paid was granted to the control body. Generally,
Member States seem to apply in their penalty systems principles of co-liability
and proportionality by distinguishing between penalties for drivers and
employers, as well as parties that organise the transport operation and
adjusting the penalty levels accordingly.  
15.
Exceptions granted by Member States
According
to Article 13 of Regulation (EC) No 561/2006, Member States may grant
exceptions from the application of provisions on driving times, breaks and rest
periods, provided that certain specific conditions are met and that the overall
objectives of the Regulation are not prejudiced. Member States are
obliged to inform the Commission of the exceptions granted. A complete list of
exceptions that have been notified to the Commission can be found below. The
same up-to-date information is also available on the Commission's website. 
http://ec.europa.eu/transport/modes/road/social_provisions/driving_time/index_en.htm

It
is worth mentioning that a more coordinated approach towards exceptions has
been chosen by United Kingdom and Republic of Ireland. These two countries
agreed on a cross border agreement specifying common derogations from the EU
drivers' hours rules for certain categories of vehicles operating between the
two territories in August 2011. This replaces the obsolete agreement adopted in
1987 which related to Regulation (EEC) No 3820/85.
 National exceptions Regulation 561/2006 ||   || 
 || Austria || Belgium || Bulgaria || Croatia || Cyprus || Czech Republic || Denmark || Estonia || Finland || France || Germany || Greece || Hungary || Ireland || Italy || Latvia || Lithuania || Luxembourg || Malta || Netherlands || Poland || Portugal || Romania || Slovakia || Slovenia || Spain || Sweden || United Kingdom ||   || 
 13.1 a: non-competing public authorities || x || x ||   || x || x || x || x ||   ||   || x || x ||   || x || x ||   || x || x ||   ||   || x || x ||   || x || x || x || x ||   || xg ||   || 
 13.1 b: agricultural etc own activity < 100 km || x || x || x || x || x || x || x || xj ||   || xp || x ||   || x || x ||   || x || x ||   ||   || x || x || x || x || x || xm || xa || x || xh ||   || 
 13.1 c: agricultural/forestry tractors <100 km || x || x || x || x || x || x || x || x ||   || x || x ||   || x || x ||   || x || x || x ||   ||   || x || x || x || x || xm || x || x || x ||   || 
 13.1 d: <7,5 tons universal services <50 km ||   || x || x || x || x || x || x ||   ||   || x || x ||   || x || x || x || x || x || x ||   || x || x || x || x || x || x || x ||   || xi ||   || 
 13.1 d:<7,5 tons for driver's use for work, <50 km || xz || x ||   || x || x || x || x || x ||   || x || x ||   || x || x ||   || x || x || x ||   || x || x || x || x || x || x || x || x || x ||   || 
 13.1 e: operating on islands <2300 square km ||   ||   ||   || x || x || x || x ||   ||   || xq || x ||   ||   || x ||   ||   ||   ||   || x ||   || x || x ||   ||   ||   || xb || x || x ||   || 
 13.1 f: <7,5 t <50 km gas/electricity ||   ||   ||   || x || x || x || x || x ||   || x || x ||   || x || x ||   ||   || x || x ||   ||   || x || x ||   || x || x || x ||   || x ||   || 
 13.1 g: instruction/ examination dr.licence/CPC ||   || x ||   || x ||   || x || x || x ||   ||   || x ||   ||   || x || xw || x || x || xy ||   || x || x || x ||   || x || x || x || x || x ||   || 
 13.1 h: sewerage/flood protection/water etc || xu || x || x || x || x || x || x || x ||   || xr || x ||   || x || x || x || x || x || xl ||   || x || x || x || x || x || x ||   || x || x ||   || 
 13.1 i: non comm.pass. transp. betw.10-17 seats || x || x ||   || x || x || x || x || xc ||   || xs || x ||   || x || x ||   || x || x ||   ||   ||   || x || x ||   || x ||   ||   || x || x ||   || 
 13.1 j: circus/funfair || x || x || x || x || x || x || x || x ||   || x || x ||   || x || x || x || x || x || x ||   || x || x || x ||   || x || x || xd || x || x ||   || 
 13.1 k: mobile projects for education || x || x ||   || x || x || x || x ||   ||   || x || x ||   || x || x ||   || x || x ||   ||   || x || x || x || x || x || x || x ||   || x ||   || 
 13.1 l: milk/animal feed from/to farms || xn || x ||   || x || x || x || x || xk ||   || xt || x ||   || x || x || x || xk || xk || x ||   || x || x || x ||   || x || x || xe || x || x ||   || 
 13.1 m: transporting money/valuables || xn || x || x || x || x || x || x ||   ||   || x || x ||   || x || xv ||   || x || x ||   ||   || x || x || x || x || x || x || x ||   ||   ||   || 
 13.1 n: animal waste or carcasses ||   || x ||   || x || x || x || x || x ||   || x || xo ||   || x || x ||   || x || x ||   ||   || x || x || x || x || x || x ||   || x || x ||   || 
 13.1 o: hub facilities || x || x || x || x || x || x || x ||   ||   || x || x ||   || x || x ||   || x || x ||   ||   || xf || x || x ||   || x || x || x ||   || x ||   || 
 13.1 p: live animals farms -> markets v.v. <50 km || x || x ||   || x || x || x || x || x ||   || x || x ||   || x || x ||   || x || x ||   ||   || x || x || x || x || x || x || x || x || x ||   || 
   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   || 
 a: additional restriction: agriculture etc. own activity within a range < 50 km ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 b: additional restriction: operating on islands <1500 square km ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 c: owner/authorised user of a vehicle with 10-17 seats who is a parent of 4/more children, respective entry made on a registration certificate of the vehicle ||   
     and the vehicle is used for non-commercial passenger transport ||   
 d: only when own activity ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 e: additional restriction: milk/animal feed from /to farms within a range < 100 km ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 f: additional restriction: on or between hub facilities within a range of 5 km ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 g: a vehicle does not fall within the description specified unless the vehicle: ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
     (a) is being used for the provision of ambulance services- (i) by a relevant National Health Service (NHS) body, or (ii) in pursuance of arrangements made by or at 
     the request of a relevant NHS body, or made with the secreatary of State or with the welsh or Scottish Ministers; ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
     (b) is being used for the transport of organs, blood, equipment, medical supplies or personnel - (i) by a elevant NHS body, or (ii) in pursuance of arrangements ||   
     of the kind mentioned in paragraph (a)(ii) ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
     (c) is being used by a local authority to provide, in exercise of social services functions - (i) services for elderly peopl, or (ii) services for persons to whom ||   ||   
     section 29 of the National Assistance Act 1948 (welfare arrangement for physically and mentally handicapped persons) applies; ||   ||   ||   ||   ||   ||   ||   ||   ||   
     (d) is being used by Her Majesty's Coastguard, a general lighthouse authority or a local lighthouse authority; ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
     (e) is being used for the purpose of maintaining railways by the British Railways Board, any holder of a network licence (within the meaning of Part 1 of the ||   ||   
     Railways Act 1993) which is a company wholly owned by the Crown (within the meaning of that Act), Transport for London, any wholly owned sunsidiary of ||   ||   
     Transport for London, a Passenger Transport Executive or a local authority ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
     (f) is being used by the British Waterways Board for the purpose of maintaining navigable waterways ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 h: A vehicle which is being used by a fishery undertaking does not fall within the description specified unless the vehicle is being used: ||   ||   ||   ||   ||   ||   ||   ||   
     (a) to carry live fish, or ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
     (b) to carry a catch of fish from the place of landing to a place where it is to be processed ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 i: Vehicles between 3.5 - 7.5 tonnes used by universal service providers within a 50 km radius of the base of the undertaking require a tachograph ||   ||   ||   ||   ||   
 j: within a radius of 50 km of the place where the vehicle is usually based, including towns within this area ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 k: as of 1/01/2008 Estonia, Latvia and Lithuania will mutually apply the exception from Articles 5 to 9 to vehicles used for milk collection from farms,...etc.,  ||   ||   
     only in cases where the service radius does not exceed 100 km ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 l: only vehicles used for the door-to-door household refuse collection and disposal and vehicles assigned to the maintenance of the roadway system within the framework  of a winter service 
 m: within a radius of up to 50 km ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 n: derogation concerns only obligatory breaks (Article 7 of the Regulation); Articles 5,6,8 and 9 remain applicable for these two types of vehicles ||   ||   ||   ||   ||   
 o: within a radius of up to 250 km of the base of the undertaking ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 p: only vehicles or combinations of vehicles up to 7,5 tonnes and only within a radius of 50 km ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 q: additional restriction: operating on islands <400 square km ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 r: for door-to-door household refuse collection and disposal, only within a radius of 100 km ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 s: not for the transport of children ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 t: within a radius of up to 150 km of the base of the undertaking ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 u: vehicles used by municipal highways departments and driven by regional or municipal employees are fully exempt; vehicles used by highways departments for winter maintenance purposes are exempt from Article 7 on breaks, unless the vehicle is covered by the previous exception; drivers of vehicles used by competent authorities for the disposal of domestic waste are exempt only from Article 7 on breaks; drivers of other vehicles under this para are exempt provided that driving is not their main activity 
 v: a vehicle that is specially designed for mobile banking, exchange or saving transactions ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 w: it refers only to the obligation of equipping and using tachograph ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 y: exception only for the (learning) driver, instructor must respect Regulation (EC) No 561/20006 ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 z: drivers of vehicles under this para are exempt provided that driving is not their main activity ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
16.
Comments and proposals 
Three
Member States informed the European Commission services of institutional reorganisation.
In Latvia, Road Transport Inspectorate was liquidated and the State Police took
over the enforcement responsibility. In Romania State Inspectorate for Road
Transport Control (ISCTR) was established. It is a specialised body under the
Ministry of Transport that is in charge of carrying out inspections, monitoring
compliance and acting as a national coordinator of the enforcement of social
rules. Furthermore, in 2011 the Swedish Transport Agency took over
responsibility for checks at premises and checks at roadside remained in the competency
of the police. 
In
view of the financial crisis some Member States like for example Greece, Italy and Latvia pointed out to limited human resources or limited new equipment being at
their disposal to monitor compliance with social rules provisions. In order to
alleviate performance issue, the example of the Netherlands as regards
concluding enforcement agreements with road transport undertakings could be considered
as a supplementing measure for checks. This monitoring based on trust has been
introduced in 2009 and up to this point 23 road transport undertakings joined
the scheme set out by the Environment and Transport Inspectorate. 
Finland
came up with a conclusion that in order to increase effectiveness the focus
should be put on intensified supervision of risk undertakings rather than on
obtaining a broad representative sample. As in Finnish view, quality of
supervisory activities is affected by the quantitative targets. 
Slovakia
reported on positive developments of decreasing the number of serious
infringements. In addition, it was observed that national drivers apply better
relevant provisions and in order to raise awareness among all drivers a booklet
on social rights was published and is being distributed during roadside and
company checks. 
Lithuania
drew attention to recurrent problems linked to Commission Decision 2009/959/EU[19] as
economic operators use the form attesting to periods of driver activity to
conceal actual drivers' activities. Drivers arriving to Lithuania from other Member States often submit a form stating the purpose of the visit as
holidays or recreational. These practices render verification whether a driver
residing in another country has submitted a form attesting to actual driver
activity very complicated. 
17.
Interpretation of Regulation (EC) No 561/2006 and Council Regulation (EEC) No
3821/85
In
the recent years the Court of Justice of the European Union shed light on interpretation
of Regulation (EC) No 561/2006 and Council Regulation (EEC) No 3821/85 by means
of the following preliminary rulings: 
17.1. Judgment of the Court of Justice
of 3 October 2013 in case C317/12 Lundberg
The
case concerns carriage by a private person as part of his hobby, a hobby which
is financed in part through financial contributions from an undertaking
(sponsoring). It is decisive for the outcome of the case whether the journey
was exempt from the requirement for recording equipment on the ground that it
constitutes a ‘non-commercial carriage of goods’. In that connection, the
question arises as to the interpretation of the exception from the requirement
for recording equipment under Article 3(h) in Regulation (EC) No 561/2006. 
The
Court of Justice stated that the concept of ‘non-commercial carriage of goods’
laid down in Article 3(h) of Regulation (EC) No 561/2006 must be interpreted as
covering the carriage of goods by a private individual for his own purposes
purely as part of his hobby where that hobby is in part financed by financial
contributions from external persons or undertakings and where no payment is
made for that carriage per se.
17.2.
Judgment of the Court of Justice of 9 February 2012 in case C‑210/10
Márton Urbán 
The
requirement of proportionality laid down in Article 19(1) and (4) of Regulation
(EC) No 561/2006 on the harmonisation of certain social legislation relating to
road transport must be interpreted as precluding a system of penalties which
provides for the imposition of a flat-rate fine for all breaches, no matter how
serious, of the rules on the use of record sheets laid down in Articles 13 to
16 of Regulation (EEC) No 3821/85 on recording equipment in road transport, as
amended by Regulation (EC) No 561/2006.
Since
breaches of Regulations No 3821/85 and No 561/2006 do not all have
the same degree of seriousness with regard to the objectives of those
regulations which are, firstly, the improvement of the relevant drivers’
working conditions and of road safety and, secondly, the laying down of uniform
rules with respect to common rules on driving times, drivers’ breaks and rest
periods and their monitoring, application of a flat-rate fine for all breaches
of the rules on the use of record sheets, without adjustment of the amount of
the penalty in keeping with the seriousness of the breach, appears to be
disproportionate in the light of the objectives pursued by the European Union
legislation.
The
requirement of proportionality laid down in Article 19(1) and (4) of Regulation
(EC) No 561/2006 on the harmonisation of certain social legislation relating to
road transport must be interpreted as not precluding a system of penalties
which lays down strict liability of drivers for breaches of the provisions of
Regulation (EEC) No 3821/85 on recording equipment in road transport, as
amended by Regulation (EC) No 561/2006, concerning the use of record sheets.
The
institution of such a system may be justified, given that, on the one hand,
that system is such as to encourage drivers to comply with the provisions of
Regulation (EEC) No 3821/85 and, on the other, road safety and improvements in
the social conditions for drivers are matters of public interest.
That
requirement of proportionality must, however, be interpreted as precluding the
severity of the penalty provided for by that system when it requires the national
authorities responsible for penalising infringements of Regulations No 3821/85
and No 561/2006 to impose a fine at a flat rate almost equivalent to the
average monthly net income of an employee in the Member State concerned,
without being able to take account of the actual circumstances of the
individual case and, if appropriate, to reduce the amount of that fine. That
penalty system appears to be disproportionate, particularly in a case in which
only one of 15 discs checked was found not to have been completed properly.
17.3.
Judgment of the Court of Justice of 28 July 2011 in case C-554/09 Seeger
The
expression ‘materials’ appearing in Article 13(1)(d), second indent, of
Regulation (EC) No 561/2006 on the harmonisation of certain social legislation relating
to road transport, amending Regulations Nos 3821/85 and 2135/98 and repealing
Regulation (EEC) No 3820/85 must be interpreted as not covering packaging
materials, such as empty bottles, carried by a wine and drinks merchant who
runs a shop, makes deliveries to his customers once a week and, when doing so,
collects the empty bottles to take to his wholesaler.
The
empty bottles carried by that merchant do not constitute goods necessary in
carrying out his principal activity. They are not processed or transformed and
are neither added to another product nor used in the carrying on of an
activity. Nor are they necessary as components, raw materials or ingredients
for any product manufactured by such a trader or for works carried out by the
latter. Finally, they do not constitute either apparatus or instruments
necessary for manufacturing any product.
17.4.
Judgment of the Court of Justice of 29 April 2010 in case C-124/09 Smit Reizen
The
concept of ‘operating centre’, featuring in paragraph 21 et seq. of the
judgment in Case C-297/99 Skills Motor Coaches and Others, when it comes to
classifying, in light of the provisions of Regulations No 3820/85 on the
harmonisation of certain social legislation relating to road transport and No
3821/85 on recording equipment in road transport, the time corresponding to the
journey made by a driver to travel from his home to the place where he is to
take over a vehicle fitted with recording equipment, must be defined as the
place to which the driver is actually attached, namely the transport
undertaking facilities from which he usually carries out his service and to
which he returns at the end of that service, in the normal exercise of his
functions and without complying with specific instructions from his employer.
Whether
the driver concerned drives himself to the place where he must take over a
vehicle fitted with recording equipment or whether he is driven to that place
by someone else has no bearing on the classification of the travelling time in
the light of the concept of ‘rest’ within the meaning of Article 1(5) of
Regulation (EEC) No 3820/85 on the harmonisation of certain social legislation
relating to road transport.
In
this connection, first, Article 8(7) of Regulation (EEC) No 3820/85 makes the
option for a driver to take his daily rest in a vehicle subject to the
condition that that vehicle be fitted with a bunk and be stationary. Secondly,
it would be contrary to the objective of road safety to distinguish between
whether or not the driver concerned drives himself to a place where he is to
take over a vehicle in which recording equipment is installed where he must
drive that vehicle on arrival. The state of tiredness of the driver which may
endanger that objective may result not only from actually driving a vehicle but
also from the conditions in which the journey takes place.
18.
Overview of legislative acts transposing Directive 2002/15/EC in Member States
 Austria || Amendment of the Working Time Act and the Rest Periods Act, BGBI. I No 138/2006, which entered into force on 1 July 2006. 
 Belgium || 1. Arbeidswet van 16 maart 1971, Belgisch Staatsblad 30 maart 1971.                        2. Koninklijk besluit van 10 augustus 2005 tot wijziging van het koninklijk besluit van 16 september 1969 betreffende de arbeidsduur van het rijdend personeel tewerkgesteld in de ondernemingen welke een autobusdienst uitbaten (CP 140), Belgisch Staatsblad 5 september 2005.                3. Koninklijk besluit van 10 augustus 2005 betreffende de arbeidsduur van de mobiele werknemers tewerkgesteld in sommige ondernemingen van collectief personenvervoer over de weg die ongeregeld vervoer en/of internationaal geregeld vervoer uitvoeren (PC 140), Belgisch Staatsblad 5 september 2005.          4. Koninklijk besluit van 10 augustus 2005 betreffende de arbeidsduur van het personeel tewerkgesteld in de ondernemingen van verhuizingen, meubelbewaring en hun aanverwante activiteiten (PC 140), Belgisch Staatsblad 5 september 2005.                         5. Koninklijk besluit van 24 augustus 2005 betreffende de arbeidsduur en de zondagsrust in de ondernemingen welke onder het Paritair Comité voor de scheikundige nijverheid ressorteren (PC 116), Belgisch Staatsblad 5 september 2005.                      6. Koninklijk besluit 12 juli 2009 betreffende de arbeidsduur van het personeel tewerkgesteld in sommige ondernemingen die ressorteren onder het Paritair Comité voor het bouwbedrijf (PC 124), Belgisch Staatsblad 14 augustus 2009.            7. Koninklijk besluit van 10 augustus 2005 betreffende de arbeidsduur van de mobiele werknemers tewerkgesteld in de ondernemingen van goederenvervoer (PC 140), Belgisch Staatsblad 5 september 2005.                           8. Koninklijk besluit van 10 augustus 2005 tot opheffing van het koninklijk besluit van 25 juni 1999 betreffende de arbeidsduur van sommige werklieden die onder het Paritair Comité voor het wasserij-, ververij- en ontvettingsbedrijf ressorteren (PC 110), Belgisch Staatsblad 5 september 2005.                      9. Koninklijk besluit van 10 augustus 2005 betreffende de arbeidsduur van de werknemers tewerkgesteld aan vervoersactiviteiten van de ondernemingen die onder het Paritair Comité voor de stoffering en de houtbewerking ressorteren (PC 126), Belgisch Staatsblad 5 september 2005.                           10. Koninklijk besluit van 10 augustus 2005 tot wijziging van het koninklijk besluit van 14 april 1975 betreffende de arbeidsduur, de zondagsrust en de jeugdarbeid voor de ondernemingen die onder het Paritair Comité voor de textielnijverheid en het breiwerk ressorteren (PC 120), Belgisch Staatsblad 5 september 2005.             11. Koninklijk besluit van 10 augustus 2005 betreffende de arbeidsduur van de werklieden wegvervoerders die ressorteren onder het Paritair Comité voor de houtnijverheid (PC 125), Belgisch Staatsblad 5 september 2005.                           12. Koninklijk besluit van 16 juni 2003 tot uitvoering van artikel 3ter van de Arbeidswet van 16 maart 1971, Belgisch Staatsblad 30 juli 2003.                           13. Wet van 8 april 1965 tot instelling van de arbeidsreglementen, Belgisch Staatsblad 5 mei 1965.                     14. Koninklijk besluit van 17 september 2000 waarbij algemeen verbindend wordt verklaard de collectieve arbeidsovereenkomst nr. 76 van 18 juli 2000, gesloten in de Nationale Arbeidsraad, tot uitvoering van artikel 27, § 4, 2e lid van de arbeidswet van 16 maart 1971, Belgisch Staatsblad 27 september 2000. 15. Koninklijk Besluit van 8 oktober 2012 tot wijziging van het koninklijk besluit van 9 april 2007 houdende uitvoering van de Verordening (EG) nr. 561/2006 van het Europees Parlement en de Raad van 15 maart 2006 tot harmonisatie van bepaalde voorschriften van sociale aard voor het wegvervoer, tot wijziging van Verordeningen (EEG) nr. 3821/85 en (EG) nr. 2135/98 van de Raad en tot intrekking van Verordening (EEG) nr. 3820/85 van de Raad en houdende gedeeltelijke omzetting van de Richtlijn 2002/15/EG van het Europees Parlement en de Raad van 11 maart 2002 betreffende de organisatie van de arbeidstijd van personen die mobiele werkzaamheden in het wegvervoer uitoefenen.                    
 Bulgaria || 1. Regulation governing the working time of persons active in road transport (promulgated in State Gazette 77/2006, amended and supplemented SG 97 of 9.12.2011). 2. Council of Ministers Decree No 324 of 01/12/2011 amending and supplementing the Regulation governing the working time of persons active in road transport, adopted by Decree No 244 of 2006 (SG 97 of 09/12/2011). 
 Cyprus || 1. Organization of the Working Time of Persons Performing Mobile Road Transport Activities Act 2005. 2. Organization of the Working Time of Persons Performing Mobile Road Transport Activities (Amendment) Act 2009.  
 Czech Republic || 1. Act No 262/2006 – Labour Code 2. Act No 111/1994 on road transport 3. Government Regulation No 589/2006, as amended by Government Regulation No 353/2008 establishing a derogation in respect of working times and rest periods of employees in the transport sector. 
 Denmark || 1. Act No 395 of June 2005 on the working time of mobile employees within the road transport sector 2. Order No 450 of 11 May 2012 on the working time of self-employed hauliers performing mobile road transport activities. The Order entered into force on 1 July 2012. 
 Estonia || 1. Traffic Act, entered into force on June 3, 2005. The new Traffic Act, passed by the Riigikogu on June 17, 2010 entered into force on July 01, 2011. 2. Act on Working and Rest Time, entered into force 1 January 2002 3. The third section of The Employment Contracts Act, entered into force on July 1, 2009 (entitled: Working and Rest Time) regulates the relevant provisions of aforementioned Act on Working and Rest Time. 
 Finland || 1. Laki yrittäjäkuljettajien työajasta tieliikenteessä/ Lag om arbetstid i vägtrafik för förare som är egenföretagare (349/2013) 2. Landskapslag om tillämpning på Åland av lagen om arbetstid i vägtrafik för förare som är egenföretagare (2013/72) 
 France || 1. Transport Code (Articles L.1321-1 to L.1321-10 and L3312-1 to L3312-9) Decrees on application of these articles: - le Décret n° 83-40 du 26 janvier 1983 modifié, relatif à la durée du travail dans les entreprises de transport routier de marchandises ; - le Décret n° 2003-1242 du 22 décembre 2003 modifié, relatif à la durée du travail dans les entreprises de transport routier de personnes ; - le Décret n° 2012-921 du 26 juillet 2012 relatif aux infractions à la durée du travail des conducteurs indépendants du transport public routier 
 Germany || 1. The Working Time Act of 6 June 1994 (Federal Law Gazette Part I, pp. 1170 and 1171), as last amended by Article 7 of the Act of 15 July 2009 (Federal Law Gazette Part I, p. 1939). 2. Documentary Evidence Act of 20 July 1995 (Federal Law Gazette Part I, p. 946), as last amended by Article 32 of the Act of 13 July 2001 (Federal Law Gazette Part I, p. 1542). 3. Act on the organisation of the working time of self-employed drivers of 11 July 2012 (Federal Law Gazette Part I, page 1479). 
 Greece || Presidential Decree No 167/2006 (GG, Series I, No 179).  
 Hungary || No information provided. 
 Ireland || European Communities (Organisation of Working Time of Persons performing mobile Road Transport Activities) Regulations 2012 (Statutory Instrument No. SI. 36 of 2012). 
 Italy || Legislative Decree No 234/2007. 
 Latvia || Directive implemented in national legislation. 
 Lithuania || Resolution No 543 of 17 May 2005 amending Resolution No 587 of the Government of the Republic of Lithuania of 14 May 2003.  
 Luxembourg || 1. Law of 21 December 2007 on Working Time of Persons Performing Mobile Road Transport Activities amending the Labour Code 2. Law of 28 July 2011 concerning self-employed drivers. 
 Malta || 1. Motor Vehicles (Carriage of Goods by Road) Regulations. 2. Passenger Transport Services Regulations. The amendments to the Motor Vehicles (Carriage of Goods by Road) Regulations (SL 65/19) and the Passenger Transport Services Regulations (SL 499/56), to include self-employed drivers, have been drafted and are expected to be published shortly. 
 the Netherlands || Decree on working time in the transport sector. 
 Poland || 1. Act of 16 April 2004 on working time of drivers. 2. On 16 July 2013 entry into force of Act that includes self-employed drivers in the scope of provisions of working time of drivers.  
 Portugal || 1. Decree-Law No 237/2007 of 19 June 2007. Draft legislation amending Decree-Law No 237/2007. 2. Decree-Law No 117/2012 (as regards self-employed workers). 
 Romania || Romanian Government Decision 38/2008. 
 Slovakia || 1. Act No 462/2007, came into effect in 1/11/2007. This act superseded Act No 121/2004 on working time and rest periods in the field of transport. 
 Slovenia || Zakon o delovnem asu in obveznih poitkih mobilnih delavcev ter o zapisovalni opremi v cestnih prevozih (27/08/2005) 
 Spain || 1. Royal Decree 902/2007 of 6 July amending Royal Decree 1561/1995 on special working time, in relation to the working time of workers performing mobile road transport activities. 2. Royal Decree 1635/2011 of 14 November amending Royal Decree 1561/1995 of 21 September on special working time, regarding periods of availability in road transport.  
 Sweden || As of 1/06/2012 self-employed have been covered by the Act (2005:395) on working time in certain forms of road transport. 
 United Kingdom || Amendments of regulations (i.e. the Road Transport (Working Time) (Amendment) Regulations 2012 and the Road Transport (Working Time) (Amendment) Regulations (Northern Ireland) 2012) to include self-employed drivers. 
19.
Issues in relation to enforcement of Directive 2002/15/EC
Various
problems were brought up in relation to performing controls of compliance with
working time rules. Recurrent issues of complexity, length and labour intensity
of control procedures were mentioned. Slovenia referred to necessary double
data records due to use of both types of recording equipment and other work.
Checks should be carried out by comparing data records which might be in forms of
analogue tachograph record, digital data and other manual records or forms. The
drivers who are employed in several undertakings present additional difficulty
during checks. In addition, Czech labour inspection bodies found it problematic
to check compliance with working time rules where a bus driver has, for a part
of his working time, driven on a bus route of up to 50 km in length, not
covered by Regulation (EC) No 561/2006 (and hence by Directive 2002/15/EC) and
for the rest has driven on a longer route. 
Additional
difficulties when inspecting self-employed drivers were indicated. Bulgaria referred to an issue of selecting drivers for a control as there is no official
list indicating the number or location of self-employed drivers. In addition, according
to Bulgarian Regulation self-employed drivers are required to keep their
journals ready for inspection by the Labour Inspectorate. However, in the same
time self-employed drivers have to carry their journals with them in order to
register relevant entries. With a view to increase the number of self-employed
drivers undergoing controls, in Bulgaria a special campaign was launched in
2013 and was continued the following year. A different arrangement was put in
place in Denmark where self-employed hauliers are monitored by means of
administrative request to submit records of the number of hours worked, backed
up by tachograph data. All monitored hauliers provided evidence of compliance
with the working time rules. 
In
  Denmark social partners drew attention to the fact that there is no authority
that imposes penalties under the Directive, to that end efforts to obtain a decision
are based on handling of each case under labour and civil law, which is clearly
not in the interest of employees. A parallel issue was reported in Ireland, where prosecuting a case relating to working time is perceived by Road Safety
Authority as significantly more onerous and complex than for driver's hours and
tachograph related infringements.
Germany
reported that many infringements are due to improper operation of the recording
equipment. The most of infringements in Poland were reported in connection to provisions
on certificates of basis of employment or of proof of being self-employed,
average weekly driving time or other working time performed out of scope of
employment relationship, as well as maximum daily working time if work was
performed at night. 
20.
Stakeholders' views on implementation of Directive 2002/15/EC in Member States
In
  Ireland, both employer and employee organisations were of an opinion that the
Directive contributed to the health and safety protection of drivers. In view
of employers, rules on driving times, breaks and rest periods are of bigger
importance. Nevertheless, Ireland pointed out difficulties with getting a broad
scope of views as a vast majority or drivers and a bulk of operators are not
represented by trade unions and trade associations respectively.  
In
  France, social partners are preoccupied by the loss of competitiveness of
transport undertakings and disloyal competition that might lead to a decrease
in employment opportunities. To this end, there are expectations towards
harmonisation of social rules going beyond the Directive and beyond the scope
of EU legislation. 
Similar
views were submitted by Slovenian transport associations, which call for
uniform and simpler rules on working time that should be implemented in all
Member States in the homogenous manner. They stress that better enforcement of
the working time rules will contribute to improved working conditions, road
safety and competition. 
The
British Trade Unions still believe that the working time rules have not
significantly decreased the working hours of heavy goods vehicle drivers and
they largely attribute it to the misuse of periods of availability. 
The
German Lorry Drivers' Union expressed the view that the compensation for
professional drivers performing night work is not defined precisely enough and
exact figures should be laid down on how much time compensation is to be
provided. In addition, they called for the statutory break to be at least 45
minutes and that the possibility of splitting the break into 15 minutes
followed by 30 minutes later on should be eliminated, since it misses the
intended objective. In their view, it should be guaranteed by law that the
driver can spend his rest time in a hotel or boarding house at the expense of
his employer because if this is made compulsory in the entire EU, no operator
will be able to refuse it on the grounds of distortion of competition.
In
addition, the following comments were submitted by the German Motor Vehicle
Drivers’ Union: they suggested a significant reduction in the maximum weekly
working time of 60 hours that should only be 55 hours per week. These 55 hours
must include driving times, periods of availability and breaks. The possibility
of working 15 hours’ ‘shift time’ should be abolished as a matter of urgency. The
average working time of 48 hours per week over a period of four months must not
be exceeded.
There
are three countries, namely Ireland, Malta and United Kingdom, where consulted
parties considered that their geographic specificities should have been taken
into account by enforcement authorities. The latter country highlighted the
risks of ambiguous interpretation in relation to periods of availability during
ferry crossings.
21.
Monitoring and control arrangements of Directive 2002/15/EC
in Member States
The
majority of Member States restated that they have an enforcement system in
place that enables them to carry out checks on compliance with working time
provisions. Various national bodies are responsible for monitoring working time
rules in Member States. The following bodies in charge of checks can be
enumerated: labour protection inspectorates, police, health and safety offices,
road safety authorities, road transport administration and road transport
departments of competent ministries in charge of transport or labour policies. 
Member
States carry out their checks as part of routine controls at premises of
undertakings, at roadside in collaboration typically with police force or
targeted checks on the basis of obtained data indicating potential
irregularities. The checks on working time seem to go hand in hand with checks
on the social rules in most Member States. Czech Republic indicated that
working time of persons performing mobile road transport activities cannot be
established during checks at the roadside but only at premises where additional
proof is made available. United Kingdom made an analogue remark that working
time records are not checked at the roadside due to the fact that 17 weeks of
records are not required to be held in the cab. In Italy, there is an intention
to focus control activities on companies that lack specific collective
agreements as they might be more at risk of irregularities when there are no
first checks performed by trade unions. 
22.
Statistics on minimum checks to be carried out
The
table below illustrates the required minimum number of working days to be
checked as well as the actual number of working days Member States have checked
at the roadside and at premises.
 Member States || Minimum checks (3%) for 2011-2012 || NUMBER OF WORKING DAYS CHECKED 
 Total || At roadside || At premises || % at roadside || % at premises 
 AT || 1,402,560 || 4,520,840 || 3,740,865 || 779,975 || 83% || 17% 
 BE || 1,435,868 || 1,711,680 || 1,060,809 || 650,871 || 62% || 38% 
 BG || 2,844,732.00 || 9,402,041 || 5,810,473 || 3,591,568 || 62% || 38% 
 CY || 216,000 || 217,068 || 87,009 || 130,059 || 40% || 60% 
 CZ || 1,629,980.61 || 4,307,605 || 3,327,748 || 979,857 || 77% || 23% 
 DK || 660,000 || 523,909 || 377,985 || 145,924 || 72% || 28% 
 EE || 198,000 || 262,542 || 137,550 || 124,992 || 52% || 48% 
 FI || 1,126,778 || 1,208,752 || 740,180 || 468,572 || 61% || 39% 
 FR || 6,696,690 || 36,485,238 || 32,538,559 || 3,946,679 || 89% || 11% 
 DE || 8,720,179 || 46,773,960 || 42,831,863 || 3,942,097 || 92% || 8% 
 EL || 4,479,405 || 458,227 || 137,923 || 320,304 || 30% || 70% 
 HU || 1,632,915 || 1,675,230 || 1,281,787 || 393,443 || 77% || 23% 
 IE || 949,164 || 1,190,424 || 264,058 || 926,366 || 22% || 78% 
 IT || 9,938,958 || 9,180,324 || 6,238,454 || 2,941,870 || 68% || 32% 
 LV || 414,004 || 386,417 || 233,279 || 153,138 || 60% || 40% 
 LT || 719,625.00 || 758,116 || 343,212 || 414,904 || 45% || 55% 
 LU || 162,014 || 195,485 || 144,689 || 50,796 || 74% || 26% 
 MT || 2,160 || 2,178 || 840 || 1,338 || 39% || 61% 
 NL || 1,724,496 || 1,111,188 || 914,515 || 196,673 || 82% || 18% 
 PL || 6,556,532 || 10,606,121 || 7,057,156 || 3,548,965 || 67% || 33% 
 PT || 950,400 || 1,620,558 || 981,223 || 639,335 || 61% || 39% 
 RO || 1,999,312 || 7,318,843 || 6,290,322 || 1,028,521 || 86% || 14% 
 SK || 504,105 || 607,593 || 261,586 || 346,007 || 43% || 57% 
 SL || 450,900 || 492,418 || 296,256 || 196,162 || 60% || 40% 
 ES || 5,907,060 || 9,618,094 || 7,071,142 || 2,546,952 || 74% || 26% 
 SE || 1,029,600 || 1,219,420 || 1,205,983 || 13,437 || 99% || 1% 
 UK || 5,648,623 || 6,794,106 || 4,280,018 || 2,514,088 || 63% || 37% 
 TOTAL || 68,000,061 || 158,648,377 || 127,655,484 || 30,992,893 || 80% || 20% 
23.
Statistics on number of working days checked at roadside
The
table below illustrates the number of working days checked at the roadside by
country of registration of vehicles
 Member States || NUMBER OF WORKING DAYS CHECKED AT ROADSIDE 
 National vehicles || Non-national vehicles || Third countries vehicles || Total 
 AT || 1,688,105 || 1,953,336 || 99,424 || 3,740,865 
 BE || 314,667 || 720,426 || 25,716 || 1,060,809 
 BG || 3,552,877 || 956,805 || 1,300,791 || 5,810,473 
 CY || 87,009 || no data || no data || 87,009 
 CZ || 2,070,828 || 1,173,656 || 83,264 || 3,327,748 
 DK || 283,680 || 94,305 || no data || 377,985 
 EE || 119,865 || 14,432 || 3,253 || 137,550 
 FI || 680,800 || 55,790 || 3,590 || 740,180 
 FR || 15,380,989 || 16,741,089 || 416,481 || 32,538,559 
 DE || 26,352,685 || 14,643,264 || 1,835,914 || 42,831,863 
 EL || 104,277 || 26,703 || 6,943 || 137,923 
 HU || 713,447 || 370,871 || 197,469 || 1,281,787 
 IE || 235,886 || 28,061 || 111 || 264,058 
 IT || 5,561,569 || 593,272 || 83,613 || 6,238,454 
 LV || 172,116 || 47,017 || 14,146 || 233,279 
 LT || 238,095 || 42,293 || 62,824 || 343,212 
 LU || 43,949 || 99,364 || 1,376 || 144,689 
 MT || 392 || 448 || 0 || 840 
 NL || 494,943 || 389,122 || 30,450 || 914,515 
 PL || 3,999,759 || 1,867,554 || 1,189,843 || 7,057,156 
 PT || 941,458 || 37,260 || 2,505 || 981,223 
 RO || 5,698,217 || 492,012 || 100,093 || 6,290,322 
 SK || 138,681 || 117,676 || 5,229 || 261,586 
 SL || 87,478 || 49,082 || 159,696 || 296,256 
 ES || 6,158,217 || 806,898 || 106,027 || 7,071,142 
 SE || 798,919 || 387,632 || 19,432 || 1,205,983 
 UK || 2,018,663 || 2,173,428 || 87,927 || 4,280,018 
 TOTAL || 77,937,571 || 43,881,796 || 5,836,117 || 127,655,484 
24.
Statistics on checks at roadside by the number of drivers checked at roadside
by country of registration and type of carriage
 Member States || ROADSIDE CHECKS 
 Number of drivers checked by country of registration || Number of drivers checked by type of carriage 
 Total drivers || Nationals || Non-nationals (EEA/CH) || Third countries || Carriage of passengers || Carriage of goods 
 AT || 246,279 || 106,956 || 124,963 || 14,360 || 4,081 || 242,198 
 BE || 64,441 || 25,686 || 37,160 || 1,595 || 4,374 || 60,067 
 BG || 541,581 || 404,750 || 52,593 || 84,238 || 122,323 || 419,258 
 CY || 8,024 || 8,024 || no data || no data || 1,820 || 6,204 
 CZ || 179,692 || 111,667 || 62,928 || 5,097 || 4,539 || 175,153 
 DK || 25,199 || 18,912 || 6,287 || no data || 1,627 || 23,572 
 EE || 8,715 || 7,671 || 825 || 219 || 753 || 7,962 
 FI || 82,565 || 73,666 || 8,540 || 359 || 3,574 || 78,991 
 FR || 1,501,243 || 739,809 || 712,420 || 49,014 || 85,819 || 1,415,424 
 DE || 2,448,021 || 1,537,118 || 799,994 || 110,909 || 41,323 || 2,406,698 
 EL || 46,446 || 39,559 || 4,504 || 2,383 || 7,644 || 38,802 
 HU || 115,256 || 57,170 || 33,094 || 24,992 || 9,384 || 105,872 
 IE || 47,217 || 39,874 || 7,309 || 34 || 5,186 || 42,031 
 IT || 575,271 || 509,450 || 55,176 || 10,645 || 13,278 || 561,993 
 LV || 9,879 || 7,345 || 1,956 || 578 || 304 || 9,575 
 LT || 79,283 || 41,533 || 20,256 || 17,494 || 4,840 || 74,443 
 LU || 8,942 || 3,112 || 5,734 || 96 || 132 || 8,810 
 MT || 30 || 14 || 16 || 0 || 1 || 29 
 NL || 31,535 || 17,067 || 13,418 || 1,050 || 2,442 || 29,093 
 PL || 495,745 || 317,111 || 85,386 || 93,248 || 103,602 || 392,143 
 PT || 46,571 || 45,034 || 1,492 || 45 || 3,508 || 43,063 
 RO || 514,318 || 466,837 || 34,922 || 12,559 || 110,777 || 403,541 
 SK || 15,460 || 8,432 || 6,587 || 441 || 1,399 || 14,061 
 SL || 18,292 || 4,732 || 2,361 || 11,199 || 2,028 || 16,264 
 ES || 1,370,930 || 1,192,737 || 152,216 || 25,977 || 198,967 || 1,171,963 
 SE || 53,037 || 34,765 || 17,169 || 1,103 || 2,300 || 50,737 
 UK || 204,141 || 105,184 || 94,065 || 4,892 || 15,905 || 188,236 
 TOTAL || 8,738,113 || 5,924,215 || 2,341,371.00 || 14,360 || 751,930 || 7,986,183 
25.
Statistics on checks at roadside by the number of vehicles stopped at roadside
check by country of registration and type of tachograph
 Member States || Number of vehicles checked 
 Nationals || Non-nationals || Total || Analogue ||  Digital || % Analogue || %  Digital 
 AT || 106,956 || 139,323 || 246,279 || 84,114 || 162,165 || 34% || 66% 
 BE || 23,998 || 37,333 || 61,331 || 22,337 || 38,994 || 36% || 64% 
 BG || 404,750 || 136,831 || 541,581 || 289,025 || 252,556 || 53% || 47% 
 CY || 8,024 || no data || 8,024 || 7,885 || 139 || 98% || 2% 
 CZ || 110,742 || 67,424 || 178,166 || 103,907 || 74,259 || 58% || 42% 
 DK || no data 
 EE || 7,671 || 1,044 || 8,715 || 5,579 || 3,136 || 64% || 36% 
 FI || 74,955 || 7,609 || 82,564 || 41,260 || 41,304 || 50% || 50% 
 FR || 721,796 || 737,291 || 1,459,087 || no data 
 DE || 1,508,752 || 803,257 || 2,312,009 || 1,372,668 || 2,776,463 || 33% || 67% 
 EL || 37,918 || 8,528 || 46,446 || 37,271 || 9,175 || 80% || 20% 
 HU || 47,703 || 52,410 || 100,113 || 75,726 || 24,387 || 76% || 24% 
 IE || 39,874 || 7,343 || 47,217 || 25,491 || 21,726 || 54% || 46% 
 IT || 508,486 || 66,234 || 574,720 || 362,705 || 188,292 || 66% || 34% 
 LV || 7,127 || 2,500 || 9,627 || 6,357 || 3,270 || 66% || 34% 
 LT || 33,502 || 40,289 || 73,791 || 48,851 || 24,940 || 66% || 34% 
 LU || 3,104 || 5,767 || 8,871 || 1,620 || 7,251 || 18% || 82% 
 MT || 14 || 16 || 30 || 22 || 8 || 73% || 27% 
 NL || 16,697 || 12,951 || 29,648 || 15,993 || 13,655 || 54% || 46% 
 PL || 311,045 || 177,651 || 488,696 || 342,929 || 145,764 || 70% || 30% 
 PT || 43,968 || 1,499 || 45,477 || 27,655 || 17,822 || 61% || 39% 
 RO || 465,390 || 47,182 || 512,572 || 261,561 || 251,011 || 51% || 49% 
 SK || 8,302 || 7,027 || 15,329 || 6,533 || 8,796 || 43% || 57% 
 SL || 4,732 || 13,560 || 18,292 || 12,421 || 5,871 || 68% || 32% 
 ES || 1,365,654 || 153,570 || 1,519,224 || no data 
 SE || 34,765 || 18,272 || 53,037 || 20,284 || 32,753 || 38% || 62% 
 UK || 105,184 || 98,957 || 204,141 || 139,021 || 65,120 || 68% || 32% 
 Average ||   ||   ||   ||   ||   || 44% || 56% 
26.
Statistics on checks at premises by the number of drivers, undertakings and
working days checked at premises
 Member States || CHECKS AT THE PREMISES 
 Number of drivers checked || Number of undertakings checked || Number of working days checked 
 AT || 12,835 || 1,856 || 779,975 
 BE || 31,290 || 6,545 || 650,871 
 BG || 128,274 || 9,472 || 3,591,568 
 CY || 1,457 || 644 || 130,059 
 CZ || 9,969 || 1,504 || 979,857 
 DK || 6,744 || 588 || 145,924 
 EE || 2,449 || 270 || 124,992 
 FI || 15,288 || no data || 468,572 
 FR || 87,084 || 15,474 || 3,946,679 
 DE || 104,069 || 15,923 || 3,942,097 
 EL || 7,045 || 3,552 || 320,304 
 HU || 7,758 || 2,456 || 393,443 
 IE || 9,219 || 1,001 || 926,366 
 IT || 37,103 || 11,088 || 2,941,870 
 LV || 1,182 || 200 || 153,138 
 LT || 15,611 || 1,500 || 414,904 
 LU || 500 || 44 || 50,796 
 MT || 10 || 5 || 1,338 
 NL || 11,632 || 1,434 || 196,673 
 PL || 30,764 || 5,103 || 3,548,965 
 PT || 7,291 || 1,789 || 639,335 
 RO || 51,803 || 10,375 || 1,028,521 
 SK || 7,653 || 1,089 || 346,007 
 SL || 1,742 || 354 || 196,162 
 ES || 98,140 || 16,746 || 2,546,952 
 SE || 248 || 19 || 13,437 
 UK || 3,695 || 37,170 || 2,514,088 
 Total || 690,855 || 146,201 || 30,992,893 
27.
Table of number of undertakings, drivers checked and offences detected by size
of the fleet of all Member States[20]

   || Size of fleet || Number of undertakings checked || Number  of drivers checked || Number  of offences detected 
 AUSTRIA || 1 || 174 || 538 || 453 
   || 2 - 5 || 559 || 1,717 || 2,060 
   || 6 - 10 || 366 || 1,821 || 2,058 
   || 11 - 20 || 394 || 3,284 || 3,045 
   || 21 - 50 || 268 || 3,316 || 2,374 
   || 51 - 200 || 90 || 1,959 || 1,401 
   || 201 - 500 || 3 || 135 || 131 
   || Over 500 || 2 || 65 || 132 
   || Total: || 1,856 || 12,835 || 11,654 
 BELGIUM || 1 || 3,208 || 3,334 || 2,616 
   || 2 - 5 || 1,781 || 5,018 || 6,003 
   || 6 - 10 || 692 || 5,529 || 4,757 
   || 11 - 20 || 458 || 5,282 || 4,898 
   || 21 - 50 || 322 || 7,602 || 4,918 
   || 51 - 200 || 82 || 4,170 || 1,962 
   || 201 -500 || 2 || 355 || 375 
   || Over 500 || 0 || 0 || 0 
   || Total: || 6,545 || 31,290 || 25,529 
 BULGARIA || 1 || 1,895 || 25,655 || 79 
   || 2 - 5 || 5,209 || 70,550 || 218 
   || 6 - 10 || 947 || 12,827 || 38 
   || 11 - 20 || 484 || 6,414 || 22 
   || 21 - 50 || 379 || 5,131 || 16 
   || 51 - 200 || 284 || 3,848 || 12 
   || 201 - 500 || 190 || 2,565 || 5 
   || Over 500 || 84 || 1,284 || 5 
   || Total: || 9,472 || 128,274 || 395 
 CYPRUS || 1 || 80 || 86 || 99 
   || 2 - 5 || 365 || 735 || 548 
   || 6 - 10 || 110 || 293 || 182 
   || 11 - 20 || 57 || 198 || 92 
   || 21 - 50 || 19 || 87 || 29 
   || 51 - 200 || 13 || 58 || 19 
   || Total: || 644 || 1,457 || 969 
   || Size of fleet || Number of undertakings checked || Number  of drivers checked || Number  of offences detected 
 CZECH RepuREPUBLIC || 1 || 402 || 444 || 437 
 REPUBLIC || 2 - 5 || 573 || 1,870 || 4,660 
   || 6 - 10 || 247 || 1,857 || 2,931 
   || 11 - 20 || 149 || 1,846 || 2,912 
   || 21 - 50 || 96 || 2,071 || 7,667 
   || 51 - 200 || 34 || 1,658 || 3,650 
   || 201 - 500 || 2 || 178 || 78 
   || Over 500 || 1 || 45 || 0 
   || Total: || 1,504 || 9,969 || 22,335 
 GERMANY || 1 || 4,994 || 18,283 || 167,769 
   || 2 - 5 || 3,748 || 10,628 || 84,342 
   || 6 - 10 || 3,016 || 16,147 || 130,594 
   || 11 - 20 || 2,345 || 20,443 || 181,974 
   || 21 - 50 || 1,317 || 20,890 || 183,690 
   || 51 - 200 || 471 || 15,360 || 115,213 
   || 201 - 500 || 31 || 2,306 || 15,768 
   || Over 500 || 1 || 12 || 182 
   || Total: || 15,923 || 104,069 || 879,532 
 DENMARK || 1 || 55 || 75 || 22 
   || 2 - 5 || 173 || 495 || 296 
   || 6 - 10 || 106 || 729 || 251 
   || 11 - 20 || 126 || 1,248 || 397 
   || 21 - 50 || 128 || 4,197 || 1,421 
   || 51 - 200 ||   ||   ||   
   || 201 - 500 ||   ||   ||   
   || Over 500 ||   ||   ||   
   || Total: || 588 || 6,744 || 2,387 
 ESTONIA || 1 || 7 || 5 || 7 
   || 2 - 5 || 99 || 289 || 294 
   || 6 - 10 || 58 || 377 || 447 
   || 11 - 20 || 44 || 429 || 424 
   || 21 - 50 || 45 || 772 || 386 
   || 51 - 200 || 17 || 577 || 325 
   || 201 - 500 || 0 || 0 || 0 
   || Over 500 || 0 || 0 || 0 
   || Total: || 270 || 2,449 || 1,883 
 FRANCE || 1 || 291 || 370 || 55 
   || 2 - 5 || 886 || 1,363 || 952 
   || 6 - 10 || 1,354 || 2,805 || 908 
   || 11 - 20 || 2,357 || 5,435 || 1,381 
   || 21 - 50 || 4,648 || 10,129 || 5,207 
   || 51 - 200 || 4,422 || 23,553 || 14,314 
   || 201 - 500 || 1,087 || 19,116 || 11,133 
   || Over 500 || 429 || 24,313 || 11,874 
   || Total: || 15,474 || 87,084 || 45,824 
   || Size of fleet || Number of undertakings checked || Number  of drivers checked || Number  of offences detected 
 GREECE || 1 || 1,622 || 2,461 || 49 
   || 2 - 5 || 1,196 || 1,721 || 18 
   || 6 - 10 || 177 || 532 ||   
   || 11 - 20 || 129 || 714 ||   
   || 21 - 50 || 167 || 669 ||   
   || 51 - 200 || 261 || 948 || 9 
   || 201 - 500 ||   ||   ||   
   || Over 500 ||   ||   ||   
   || Total: || 3,552 || 7,045 || 76 
 HUNGARY || 1 || 558 || 591 || 4,073 
   || 2 - 5 || 1,057 || 2,479 || 18,422 
   || 6 - 10 || 459 || 1,821 || 9,711 
   || 11 - 20 || 234 || 1,385 || 7,297 
   || 21 - 50 || 104 || 945 || 3,163 
   || 51 - 200 || 38 || 518 || 1,672 
   || 201 - 500 || 5 || 19 || 198 
   || Over 500 || 1 || 0 || 0 
   || Total: || 2,456 || 7,758 || 44,536 
 IRELAND || 1 || 65 || 266 || 796 
   || 2 - 5 || 185 || 949 || 2,552 
   || 6 - 10 || 220 || 1,419 || 4,464 
   || 11 - 20 || 225 || 1,712 || 6,284 
   || 21 - 50 || 200 || 2,656 || 4,234 
   || 51 - 200 || 95 || 1,959 || 2,884 
   || 201 - 500 || 11 || 258 || 100 
   || Over 500 || 0 || 0 || 0 
   || Total: || 1,001 || 9,219 || 21,314 
 ITALY || 1 || 2,444 || 3,042 || 15,909 
   || 2 - 5 || 4,491 || 10,142 || 61,918 
   || 6 - 10 || 2,154 || 7,879 || 43,741 
   || 11 - 20 || 1,157 || 5,483 || 60,883 
   || 21 - 50 || 632 || 6,232 || 48,151 
   || 51 - 200 || 185 || 3,746 || 31,420 
   || 201 - 500 || 16 || 569 || 1,946 
   || Over 500 || 9 || 10 || 141 
   || Total: || 11,088 || 37,103 || 264,109 
 LATVIA || 1 || 16 || 20 || 6 
   || 2 - 5 || 81 || 269 || 34 
   || 6 - 10 || 47 || 261 || 26 
   || 11 - 20 || 31 || 249 || 21 
   || 21 - 50 || 18 || 186 || 11 
   || 51 - 200 || 6 || 182 || 3 
   || 201 - 500 || 1 || 15 || 1 
   || Over 500 || 0 || 0 || 0 
   || Total: || 200 || 1,182 || 102 
       || Size of fleet || Number of undertakings checked || Number  of drivers checked || Number  of offences detected 
 LITHUANIA || 1 || 126 || 146 || 446 
   || 2 - 5 || 314 || 1,295 || 3,126 
   || 6 - 10 || 385 || 2,770 || 4,580 
   || 11 - 20 || 514 || 6,691 || 5,130 
   || 21 - 50 || 109 || 2,710 || 1,110 
   || 51 - 200 || 47 || 1,168 || 3,654 
   || 201 - 500 || 5 || 831 || 398 
   || Over 500 || 0 || 0 || 0 
   || Total: || 1,500 || 15,611 || 18,444 
 LUXEMBOURG || 1 || 7 || 7 || 0 
     || 2 - 5 || 10 || 12 || 174 
   || 6 - 10 || 5 || 9 || 284 
   || 11 - 20 || 11 || 61 || 324 
   || 21 - 50 || 6 || 22 || 254 
   || 51 - 200 || 4 || 389 || 3,329 
   || 201 - 500 || 1 || 0 || 0 
   || Over 500 || 0 || 0 || 0 
   || Total: || 44 || 500 || 4,365 
 MALTA || 1 || 0 || 0 || 0 
   || 2 - 5 || 1 || 1 || 12 
   || 6 - 10 || 1 || 1 || 1 
   || 11 - 20 || 1 || 2 || 23 
   || 21 - 50 || 2 || 6 || 41 
   || 51 - 200 || 0 || 0 || 0 
   || 201 - 500 || 0 || 0 || 0 
   || Over 500 || 0 || 0 || 0 
   || Total: || 5 || 10 || 77 
 THE NNETHERLANDS || 1 || 370 || 1,216 || 4,015 
 NETHERLANDS || 2 - 5 || 384 || 1,345 || 3,703 
   || 6 - 10 || 224 || 1,870 || 4,744 
   || 11 - 20 || 193 || 2,305 || 5,172 
   || 21 - 50 || 156 || 2,732 || 4,400 
   || 51 - 200 || 92 || 1,965 || 2,365 
   || 201 - 500 || 8 || 104 || 16 
   || Over 500 || 7 || 95 || 17 
   || Total: || 1,434 || 11,632 || 24,432 
 POLAND || 1 || 752 || 1,859 || 5,596 
   || 2 - 5 || 1,885 || 6,607 || 40,448 
   || 6 - 10 || 1,074 || 6,912 || 32,210 
   || 11 - 20 || 730 || 6,357 || 17,769 
   || 21 - 50 || 431 || 4,485 || 17,476 
   || 51 - 200 || 210 || 4,210 || 7,729 
   || 201 - 500 || 20 || 317 || 1,264 
   || Over 500 || 1 || 17 || 11 
   || Total: || 5,103 || 30,764 || 122,503 
   ||   ||   ||   ||   
   || Size of fleet || Number of undertakings checked || Number  of drivers checked || Number  of offences detected 
 PORTUGAL || 1 || 194 || 265 || 29 
   || 2 - 5 || 719 || 1,591 || 83 
   || 6 - 10 || 333 || 1,301 || 46 
   || 11 - 20 || 209 || 1,053 || 21 
   || 21 - 50 || 170 || 1,143 || 23 
   || 51 - 200 || 130 || 1,727 || 7 
   || 201 - 500 || 21 || 131 || 1 
   || Over 500 || 13 || 80 || no data   
   || Total: || 1,789 || 7,291 || 210 
 ROMANIA || 1 || 2,388 || 2,282 || 280 
   || 2 - 5 || 4,014 || 11,916 || 981 
   || 6 - 10 || 1,773 || 6,480 || 422 
   || 11 - 20 || 1,159 || 6,263 || 265 
   || 21 - 50 || 701 || 7,302 || 235 
   || 51 - 200 || 291 || 10,890 || 111 
   || 201 - 500 || 39 || 5,011 || 20 
   || Over 500 || 10 || 1,659 || 19 
   || Total: || 10,375 || 51,803 || 2,333 
 SLOVAKIA || 1 || 131 || 155 || 687 
   || 2 - 5 || 445 || 1,519 || 5,274 
   || 6 - 10 || 208 || 1,508 || 4,254 
   || 11 - 20 || 147 || 1,849 || 5,077 
   || 21 - 50 || 91 || 1,432 || 3,758 
   || 51 - 200 || 61 || 1,105 || 3,385 
   || 201 - 500 || 6 || 85 || 548 
   || Over 500 || 0 || 0 || 0 
   || Total: || 1,089 || 7,653 || 22,983 
 SLOVENIA || 1 || 32 || 44 || 290 
   || 2 - 5 || 134 || 411 || 4,884 
   || 6 - 10 || 67 || 385 || 3,599 
   || 11 - 20 || 52 || 342 || 3,032 
   || 21 - 50 || 38 || 336 || 2,561 
   || 51 - 200 || 30 || 212 || 1,272 
   || 201 - 500 || 1 || 12 || 1 
   || Over 500 ||  no data   || no data    || no data    
   || Total: || 354 || 1,742 || 15,639 
 SWEDEN || 1 || 0 || 0 || 0 
   || 2 - 5 || 9 || 46 || 856 
   || 6 - 10 || 5 || 8 || 524 
   || 11 - 20 || 3 || 55 || 1,120 
   || 21 - 50 || 2 || 139 || 701 
   || 51 - 200 || 0 || 0 || 0 
   || 201 - 500 || 0 || 0 || 0 
   || Over 500 || 0 || 0 || 0 
   || Total: || 19 || 248 || 3,201 
     || 
   || Size of fleet || Number of undertakings checked || Number  of drivers checked || Number  of offences detected 
 UNITED K KINGDOM || 1 || 3,479 || 445 || 1,407 
 KINGDOM || 2 - 5 || 7,049 || 720 || 2,967 
   || 6 - 10 || 4,237 || 468 || 1,714 
   || 11 - 20 || 4,589 || 467 || 1,996 
   || 21 - 50 || 6,003 || 590 || 2,606 
   || 51 - 200 || 7,134 || 619 || 3,300 
   || 201 - 500 || 2,813 || 233 || 1,121 
   || Over 500 || 1,866 || 153 || 743 
   || Total: || 37,170 || 3,695 || 15,854 
28.
Statistics on types of offences at roadside
 Member States || TYPE OF OFFENCES AT THE ROADSIDE 
 Driving time || Breaks || Rest periods || 28 days record sheets || Recording equipment || Lack/availability of records for other work || Total 
 AT || 63,814 || 53,941 || 53,521 || 14,390 || 2,000 || 4018 || 191,684 
 BE || 1,852 || 799 || 1,595 || 436 || 375 || 22 || 5,079 
 BG || 383 || 968 || 1,851 || 3,365 || 174 || 100 || 6,841 
 CY || 91 || 57 || 50 || 40 || 228 || 2 || 468 
 CZ* || 6,890 || 8,014 || 11,752 || 20,060 || 2,384 || 4,223 || 53,323 
 DK || 1 || no data || 6 || 3 || no data || no data || 10 
 EE || 295 || 839 || 819 || 1,436 || 1,532 || 404 || 5,325 
 FI || 3,178 || 788 || 2,132 || 1,135 || 220 || 0 || 7,453 
 FR || 69,573 || 52,869 || 110,456 || 33,576 || 32,782 || no data || 299,256 
 DE || 241,431 || 237,304 || 254,749 || 101,138 || 121,387 || 59,248 || 1,015,257 
 EL || 6,751 || 5,660 || 2,063 || 1,104 || 5,132 || 259 || 20,969 
 HU || 3,775 || 1,537 || 4,357 || 1,994 || 3,043 || 3,309 || 18,015 
 IE || 2,298 || 2,949 || 2,068 || 1,091 || 3,186 || 1,870 || 13,462 
 IT || 17,219 || 17,496 || 17,471 || 59,821 || 4,554 || 23,648 || 140,209 
 LV || 170 || 407 || 509 || 1,605 || 50 || 337 || 3,078 
 LT || 2,026 || 1,543 || 2,962 || 5,200 || 1,381 || 1,991 || 15,103 
 LU || 1,106 || 735 || 1,238 || 1 || 65 || 35 || 3,180 
 MT || 0 || 0 || 0 || 10 || 1 || 0 || 11 
 NL || 1,486 || 2,677 || 2,406 || 149 || 2,757 || 2 || 9,477 
 PL || 14,481 || 13,259 || 26,120 || 4,624 || 18,427 || 3,664 || 80,575 
 PT || 4,168 || 6,301 || 5,096 || 5,490 || 4,653 || 3,602 || 29,310 
 RO || 6,338 || 3,868 || 5,458 || 3,788 || 4,019 || 628 || 24,099 
 SK || 1,714 || 4,504 || 4,849 || 2,011 || 697 || 97 || 13,872 
 SL || 646 || 980 || 1,399 || 1,195 || 668 || 535 || 5,423 
 ES || 24,282 || 8,414 || 28,395 || 56,942 || 16,468 || 0 || 134,501 
 SE || 6,108 || 10,018 || 10,551 || 794 || 89 || 450 || 28,010 
 UK || 3,705 || 2,977 || 14,102 || 37,646 || 31,692 || 9,300 || 99,422 
 Total || 483,781 || 438,904 || 565,975 || 359,044 || 257,964 || 117,744 || 2,223,412 
29.
Statistics on types of offences at premises 
 Member States || TYPE OF OFFENCES FOUND AT THE PREMISES 
 Driving time || Breaks || Rest periods || Driving time records || Recording equipment || Lack/availability of records for other work || Total 
 AT || 1,952 || 6,376 || 2,862 || 18 || 446 || no data || 11,654 
 BE || 6,041 || 9,791 || 5,259 || 2,965 || 2,020 || 0 || 26,076 
 BG || 70 || 67 || 74 || 95 || 89 || 0 || 395 
 CY || 133 || 390 || 374 || 7 || 65 || no data || 969 
 CZ || 4,567 || 3,733 || 5,384 || 6,989 || 364 || 1,298 || 22,335 
 DK || 195 || 648 || 729 || 361 || 55 || 0 || 1,988 
 EE || 299 || 624 || 811 || 73 || 0 || 76 || 1,883 
 FI || 11,141 || 42,997 || 14,687 || 4,014 || 1,077 || 247 || 74,163 
 FR || 6,562 || 12,244 || 15,114 || 4,682 || 7,222 || 0 || 45,824 
 DE || 170,324 || 389,031 || 228,527 || 29,964 || 26,515 || 38,011 || 882,372 
 EL || 49 || no data || 27 || no data || no data || no data || 76 
 HU || 1,343 || 1,809 || 2,900 || 2,027 || 110 || 36,347 || 44,536 
 IE || 1,441 || 7,577 || 3,675 || 212 || 3,786 || 4,623 || 21,314 
 IT || 18,922 || 38,142 || 26,874 || 174,770 || 4,366 || 1,037 || 264,111 
 LV || 5 || 2 || 1 || 90 || 2 || 2 || 102 
 LT || 3,748 || 1,674 || 5,872 || 6,020 || 120 || 698 || 18,132 
 LU || 1,288 || 1,100 || 1,828 || 0 || 120 || 29 || 4,365 
 MT || 5 || 38 || 21 || 10 || 3 || 0 || 77 
 NL || 5,086 || 9,541 || 5,406 || 240 || 4,159 || 0 || 24,432 
 PL || 13,082 || 18,705 || 31,808 || 35,784 || 7,858 || 15,266 || 122,503 
 PT || no data || no data || no data || 282 || no data || no data || 282 
 RO || 464 || 461 || 989 || 290 || 64 || 65 || 2,333 
 SK || 3,966 || 7,121 || 9,911 || 1,430 || 499 || 56 || 22,983 
 SL || 1,969 || 3,218 || 4,523 || 3,566 || 671 || 1,692 || 15,639 
 ES || 4,192 || 1,158 || 3,438 || 2,531 || 798 || no data || 12,117 
 SE || 184 || 456 || 307 || 1,056 || 1,161 || 37 || 2,040 
 UK || 996 || 3,485 || 2,564 || 307 || 6,318 || 2,184 || 15,854 
 Total || 258,024 || 560,388 || 373,965 || 277,783 || 67,888 || 101,668 || 1,638,555 1,638,555 1,638,555 
[1] repealed by Regulation (EU) No 165/2014 of the European Parliament
and of the Council of 4 February 2014 on tachographs in road transport,
repealing Council Regulation (EEC) No 3821/85 on recording equipment in road
transport and amending Regulation (EC) No 561/2006 of the European Parliament
and of the Council on the harmonisation of certain social legislation relating
to road transport (OJ L 60, 28.2.2014, p. 1)
[2] Belgium, Cyprus, France, Germany, Greece, Luxembourg, Malta, the Netherlands 
[3] Finland, Denmark, Italy, Estonia, France and Sweden
[4] Latvia, Portugal, Spain and United Kingdom
[5] Due to the very low level of checks performed by Greece, the rate of checks at premises amounting to 70% cannot be treated as
representative.  
[6] Czech Republic, Hungary, Italy, Luxembourg and Slovenia
[7] Belgium, Lithuania, Luxembourg, Malta and Slovenia
[8] Pursuant to Article 4 of Directive 2006/22/EC
[9] Number of vehicles with installed digital tachograph is linked to
the number of vehicles registered in France and not stopped for roadside
checks. Values are not taken into account for totals. 
[10] Exact figures of vehicles fitted with digital tachograph and their
share in a total fleet of vehicles subject to Regulations. Values are not taken
into account for totals.
[11] with a 77% decrease of working days checked
[12] with relatively stable number of working days checked
[13] with a slight decrease of 14% of working days checked
[14] with 48% decrease of working days checked
[15] with 25% increase of working days checked
[16] with working days checked decreased by 13%
[17] with working days checked decrease by 5.8% 
[18] 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, 31/01/2009, p. 45)
[19] Commission Decision of 14 December 2009 amending Decision
2007/230/EC on a form concerning social legislation relating to road transport
activities (OJ L 330, 16/12/2009, p. 80)
[20] Finland did not provide any information and Spain provided total amounts that are not divided by drivers checked at premises by size of
the fleet of the undertaking.