Legal provisions of SEC(2009)1100 - Accompanying theREPORT FROM THE COMMISSIONon the implementation in 2005-2006 of Regulation (EEC) No 3820/85 on the harmonisation of certain social legislation relating to road transport (24th report from the Commission on the implementation of the social legislation relating to road transport)

Please note

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EN

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 3.8.2009

SEC(2009) 1100


COMMISSION STAFF WORKING DOCUMENT

Accompanying the

REPORT FROM THE COMMISSION

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

{COM(2009)416}

TABLE OF CONTENTS

1. National Initiatives 3

1.1. Administrative Measures 4

1.2. Regulatory and other Measures 4

2. Penalties 5

2.1. Scales 5

2.2. Tables of Penalties 7

2.3. Additional information on penalties 8

3. Comments from the Member States 9

4. Other Statistical Data 12

4.1. Reference Period 12

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

4.3. Checks 13

4.3.1. Number of checks at the roadside 13

4.3.2. Number of drivers checked at the premises of undertaking 16

4.3.3. Number of working days checked at the roadside 17

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

4.4. Offences; Number of offences recorded 22

4.4.1. Article 6 of Regulation (EEC) No 3820/85: driving period 22

4.4.2. Article 7 of Regulation (EEC) No 3820/85: breaks 25

4.4.3. Article 8 of Regulation (EEC) No 3820/85: rest periods 28


1. National Initiatives

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

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

In Germany the relevant legislation consists of the Fahrpersonalgesetz (Law on Driving Personnel) and the Fahrpersonalverordnung (Regulation on Driving Personnel). The Third Law to change the Regulation on Driving Personnel was about to be passed on the 9th of November 2007 in order to implement Directive 2006/22/EC1 on minimum conditions for the implementation of Regulations (EEC) No 3820/852 and (EEC) No 3821/853. Drivers of vehicles between 2.8 and 3.5 tons are required to keep records of driving times and rest periods. This is a procedural requirement which is governed by §1 of the above Regulation on driving personnel and which applies both to German and foreign drivers. Failure to comply with this legislation is punishable by a fine. National driving times and rest periods correspond to those in Regulation (EEC) No 3820/85.

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

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

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

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

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

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

1.1. Administrative Measures

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

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

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

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

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

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

1.2. Regulatory and other Measures

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

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

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

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

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

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

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

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

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

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

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

2. Penalties

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

2.1. Scales

Austria, Cyprus, Finland, Hungary, Ireland, Latvia, Malta, Poland, Romania,, Slovenia and United Kingdom provided information on the scale of penalties imposed for violations to the Regulation (EEC) No 3820/85 on the harmonization of certain social legislation relating to road transport. A wide range of fines among Member States is still apparent.

Austria applies penalties ranking from € 36 to € 5000 . The sanction of imprisonment for up to 6 weeks is available for infringements concerning driving time and breaks, with additional limitations arising from Title no 102, paragraph 12 of the law concerning circulation of the Heavy Goods vehicles (Kraftfahrgesetz). The date of last modification to Arbeitzeitgesetz

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

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

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

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

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

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

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

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

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

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

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

Slovenian fines range from € 150 to € 3300. A difference is being made, whether the offence is committed by driver or employer.

In the United Kingdom there has been no change to the maximum fines for drivers' hours and tachograph related offences and for those who cause or permit them. The fines therefore continue to range from € 223 (£ 200) to € 5590 (£ 5000). Similarly, in addition to a fine, the offences of falsifying a chart and altering or forging a seal on a tachograph continue to carry a prison sentence of up to two years.

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

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

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

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

2.2. Tables of Penalties

Member State

Type of Penalty
Minor OffencesSerious Offences
AustriaUp to € 5000 or arrest up to 6 weeks; € 72 - € 1815 working

time Act and € 36 - € 2180 Working Break Act
Belgium4
CyprusArticles 6, 7, 8 and 14 (1) Imprisonment of up to 6 months or a fine of up to €3 417 or both.

Article 14(4)(a) 3rd subparagraph Imprisonment of up to 2 years or a fine of up to £4 000 (€6 834) or both.

Article 14(5) fine of up to £3 000 (€5 125).
Czech Republic1
Denmark5Fine of at least € 67 for the driver and € 135 for the company,

the amount depending on the nature and gravity of the offence.
Estonia1
FinlandPenalties are imposed using the 'day-fine' criterion, the amount of which depends on the type of offences.
France2€ 1517 maximumSevere infringements may

attract a fine up to € 30489
Serious of repeated infringements can lead to the temporary or permanent revocation of the Community licence or of the transport authorisation. The immobilisation of the vehicle up to three months is also an administrative sanction.
Germany2The infringements are punished according to the type of offences and persons involved. Fines fro infringements of the provisions on driving times, rest periods and breaks range from € 15 to € 31 for the driving personnel and by a fine of € 61 (minimum) for employer. Fines for drivers who do not respect the provisions on recording of driving times range from € 15 to € 53 and for employer’s range from € 153 to € 1534. Breaches of provisions on the service time table and duty roster are punished with a fine ranging from € 51 to € 128 for the driver and by a fine of € 511 (minimum) for the employer)
Greece1
Hungary€ 186€ 2980
IrelandMaximum 5000
Italy2€ 16 minimum€ 4447
Latvia€ 70.50 – 141.18 for drivers and € 570 – 1415 for undertakings
Lithuania€ 30-60
Luxembourg1
Malta€ 60
NetherlandsThere are set fines for each breach of a provision of the Regulation ranging from € 45 to € 1365 (total amount of fines collected is € 2671074).
Poland€ 12 minimum fine; higher fines according to duration of infringement
Portugal1
Romania€ 365 – 1215 depending on type of infringement

Slovakia1
Slovenia€ 150 – 2900 depending on type of infringement and whether it is placed upon the company, the person responsible in the company or the driver
Spain1
Sweden€ 273 per offence; + 50% for 2nd offence of same kind


2.3. Additional information on penalties

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

In total, the following punishments were imposed in Germany:

Passenger transportGoods transport
Cautions with cautionary fines5241139102
Fines (regardless of whether or not they are legally binding)2540140410
In total7781279512
Cases of drivers not allowed to continue their journey111157838

France submitted the following table:

Year20052006
Number of undertaking sanctioned in France247292
Certified CopiesComplete withdrawal1557
Suspension310261
AuthorisationsComplete Withdrawal00
Suspension00
Number of immobilised vehicles173207


3. Comments from the Member States

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

After the period under examination, Cyprus transposed Directive 2006/22/EEC and has implemented the rules in Regulations (EC) No 561/2006 on driving times and rest periods via the Inspection of Driving and Rest Time for Drivers of Certain Vehicles Law of 2007 (Law 86(I)/2007) which took effect on 13.7.2007 and the Authorised Body Shops and Issuance of Recording Equipment Cards Law of 2004 (Law 192(I)/2004). Law 86(I).2007 repealed the Inspection of Driving and Rest Time for Drivers of Certain Vehicles Law of 2004 (Law 137(I)/2004).

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

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

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

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

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

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

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

Checks recommenced in March 2007.

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

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

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

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

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

In comparison with the 2003-2004 reporting period, the number of fines/cautions with cautionary fines in passenger transport fell by 45% and the number of cases of drivers not being allowed to continue their journey fell by 32%. In goods transport there was a 35% reduction in the number of fines/cautions with cautionary fines. The number of cases of drivers being banned from continuing their journey fell by a mere 3%.

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

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

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

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

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

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

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

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

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

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

United Kingdom reported that it is possible to see an increase (14.6%) in the number of offences recorded despite a decrease in the number of working days (tachograph charts) checked at the roadside and at the premises. The authorities believe that the increase in the number of offences recorded can be attributed to the effectiveness of the targeting policy. In 2003-2004, enforcement authorities recorded 1 offence for every 89 charts checked, compared with 1 every 103 charts in 2001-2002 and 1 in every 243 charts in 1999-2000.

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

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

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

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

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

4. Other Statistical Data

4.1. Reference Period

1.1.2005 – 31.12.2006

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

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

- a -
- b -
- c -
- d -
Member StateMinimum number of working days to be checkedNumber of working days checked (nationals)Number of working days checked (non-nationals)Total number of working days checked
Austria4707368759145106781386592
Belgium7260009654141520651117479
Cyprus77758947384738
Czech Republic26549111598432193081379151
Denmark22000028445527985312440
Estonia6116037189229039479
Finland33400037992079033458953
France25050008958405207364611032051
Germany57174627571798558630413158102
Greece64022964691730563
Hungary560000639530132494772024
Ireland90470063271089632799
Italy326817674411679340958375262
Latvia30566248569773915559612
Lithuania25166023756778807316374
Luxembourg51201720911592388014
Malta1031001651066
Netherlands59540547157159831531402
Poland1286126506309634796748542770
Portugal585 07799613518100131
Romania41010642804372680500723
Slovakia1640272022781519203797
Slovenia8000081059
Spain191281941381224389124577034
Sweden52800041489196227511118
United Kingdom225450631575344845463642080
Switzerland41204016468583319301978788


4.3. Checks

4.3.1. Number of checks at the roadside

Member StateType of TransportEUThird CountriesTotal Non-Nationals
NationalsNon-Nationals
AustriaTransport of Passengers


Transport of Goods


Not distinguished


Total
1091


50171


12164


63426
1250


29753


5001


36024
2097


14566


1794


18457
3347


44319


6795


54481
BelgiumTransport of Passengers


Transport of Goods


Total
2881


32880


35761
3278


52730


56008
207


3049


3256
3935


55779


59264
CyprusTransport of Passengers


Transport of Goods


Total
1378


3009


4387
000
Czech RepublicTransport of Passengers


Transport of Goods


Not distinguished


Total
303


9563


31


9897
104


2692


8


2804
56


705


1


762
160


3397


9


4166
DenmarkNot distinguished7512884858449329
EstoniaTransport of Passengers


Transport of Goods


Total
160


2180


2340
60


440


500
5


70


75
65


510


575
FinlandTransport of Passengers


Transport of Goods


Not distinguished


Total
2707


57655


5


60367
333


11224


0


11557
328


7489


0


7817
661


18713


0


19374
France8Transport of Passengers


Transport of Goods


Total
63405


1242632


1306037
26555


174610


187781
26555


174610


187781
GermanyTransport of Passengers


Transport of Goods


Total
71729


2421937


2493666
54857


1954202


2009059
20709


311418


332127
75566


2265620


2341186
GreeceTransport of Passengers


Transport of Goods


Not distinguished


Total
1449


1655


1500000


1503104
14


37


0


51
19


104


0


123
33


141


0


174
HungaryTransport of Passengers


Transport of Goods


Total
2753


65471


68224
864


16862


17726
1538


14718


16256
2402


31580


33982
IrelandTransport of Passengers


Transport of Goods


Not distinguished


Total
5861


26664


75


32600
810


1195


2


2007
112


27


2


141
922


1222


4


2148
ItalyTransport of Passengers


Transport of Goods


Not distinguished


Total
56961


474374


82305


613640
5789


50210


4740


60739
2672


11396


2135


16203
5461


61606


6875


76942
LatviaTransport of Passengers


Transport of Goods


Total
927


13617


14544
116


3466


3582
116


3466


3582
LithuaniaTransport of Passengers


Transport of Goods


Not distinguished


Total
4667


23547


385


28599
741


9878


84


10713
519


9035


97


9651
1260


18913


181


20364
LuxembourgTransport of Passengers


Transport of Goods


Total
114


1855


1969
642


4349


4991
11


149


160
653


4498


5151
MaltaTransport of Passengers


Transport of Goods


Total
0


7


7
5


13


18
0


0


0
5


13


18
NetherlandsNot distinguished3606524470171226182
PolandTransport of Passengers


Transport of Goods


Not distinguished


Total
85903


255349


14434


355686

25534914434
7360


96954


1611


105925
32 669


240 990


352


273659
40029


337944


1963


379936
PortugalTransport of Passengers


Transport of Goods


Not distinguished


Total
68


2415


4


2487
1


108


1


110
0


0


0

1


108


1


110
RomaniaTransport of Passengers


Transport of Goods


Total
23632


54562


78194
0


0


0
1015


6097


7112
1015


6097


7112
SlovakiaTransport of Passengers


Transport of Goods


Total
11


3143


3154
66


1123


1199
11


708


719
77


1831


1918
SloveniaTransport of Passengers


Transport of Goods


Total
711


1065


1776
66


1406


1472
84


1246


1330
150


2652


2802
SpainTransport of Passengers


Transport of Goods


Total
217837


1185783


1403620
29680


173276


202956
7098


19147


26245
36778


192423


229201
SwedenTransport of Passengers


Transport of Goods


Not distinguished


Total
4930


65127


75


70132
571


23620


21


24212
84


2095


0


2179
655


25715


21


26391
United KingdomTransport of Passengers


Transport of Goods


Total
20255


195763


216018
1165


66818


67983
101


9605


9706
1266


76423


77689
SwitzerlandTotal1073741079043578111482


4.3.2. Number of drivers checked at the premises of undertaking

Member StateCarriage of

passengers
Carriage of

goods
Carriage for own

account
Carriage for hire

and reward
Austria130818248236716970
Belgium9200794125403
Cyprus010170
Czech Republic73968012157325
Denmark59630763152761
Estonia131103120
Finland53556935908504
France1867271560116389069
Germany113637523110192
Greece55758482237
Hungary33629482453039
Ireland90666136987005
Italy717702610586789
Latvia10221042211
Lithuania46623131622617
Luxembourg52501501
Malta5043
Netherlands1120611489
Poland4840914419249770142831
Portugal51934425813380
Romania44001378958017609
Slovakia5348674330
Slovenia11263984667
Spain50333383367039743
Sweden76839271132123
United Kingdom132960869085178
Switzerland13252800


4.3.3. Number of working days checked at the roadside

Member StateType of TransportEUThird CountriesTotal Non-Nationals
NationalsNon-Nationals
AustriaTransport of Passengers

Transport of Goods


Not distinguished


Total Number
2503


94783


31068


128354
2718


64307


14992


82017
4095


27065


5427


36587
6813


91372


20419


118604
BelgiumTransport of Passengers


Transport of Goods


Total Number
11373


91361


102734
8613


136170


144783
368


6914


7282
8981


143084


152065
CyprusTransport of Passengers


Transport of Goods


Total Number
1360


3033


4393
0


0


0
0


0


0
0


0


0
Czech RepublicTransport of Passengers


Transport of Goods


Not distinguished


Total Number
24397


591604


482


616483
4945


183547


91


188583
1747


28972


6


30725
6692


212519


97


219308
DenmarkNot distinguished22985125454253127985
EstoniaTransport of Passengers


Transport of Goods


Total Number
320


4360


4680
120


880


1000
10


140


150
130


1020


1150
FinlandTransport of Passengers


Transport of Goods


Not distinguished


Total Number
11211


234075


16


245286
1363


44854


0


46217
1329


31487


0


32816
1692


76341


0


79033
France12Transport of Passengers


Transport of Goods


Total Number
263281


6567182


6921263
166763


1906883


2073646
166763


1906883


2073646
GermanyTransport of Passengers


Transport of Goods


Total Number
163287


5640428


2493666
118947


4673898


4792844
43398


750062


793460
162345


5423960


5586305
GreeceTransport of Passengers


Transport of Goods


Total Number
2603


8220


8823
33


54


87
143


687


830
176


741


917
HungaryTransport of Passengers


Transport of Goods


Total Number
8620


220585


229205
4324


67646


71970
6517


54007


60524
10841


121653


132494
IrelandTransport of Passengers


Transport of Goods


Total Number
3011


31655


34666
32


52


84
2


3


5
34


57


89
ItalyTransport of Passengers


Transport of Goods


Not distinguished


Total Number
254000


1670639


171081


2095720
20830


161425


10034


192289
6221


39613


3171


49005
27051


201038


13202


241291
Latvia13Transport of Passengers


Transport of Goods


Total Number
3708


54468


58176
464


13864


14328
464


13864


14328
LithuaniaTransport of Passengers


Transport of Goods


Not distinguished


Total Number
15449


17366


477


33292
664


12602


85


133351
710


12090


172


12972
1374


24692


257


146323
LuxembourgTransport of Passengers


Transport of Goods


Total Number
203


5369


5572
1915


13497


15412
20


491


511
1935


13988


15923
MaltaTransport of Passengers


Transport of Goods


Total Number
0


54


54
10


55


65
0


0


0
10


55


65
NetherlandsNot distinguished8284955924390759831
PolandTransport of Passengers


Transport of Goods


Not distinguished


Total Number
897829


3827715


144951


4870495
624086


637446


19146


1280678
376189


1818627


4180


2198996
1000275


2456073


23326


3479674
PortugalTransport of Passengers


Transport of Goods


Not distinguished


Total Number
1208


15728


12


16948
6


512


0


518
0


0


0


0
6


512


0


518
RomaniaTransport of Passengers


Transport of Goods


Total Number
68102


136893


204995
0


0


0
2889


13770


16659
2889


13770


16659
SlovakiaTransport of Passengers


Transport of Goods


Total Number
120


35753


35873
463


12445


12908
8


1511


1519
471


13956


14427
Slovenia14Transport of Passengers


Transport of Goods


Total Number
7112


32698


39810
SpainTransport of Passengers


Transport of Goods


Total Number
468488


2500236


2968724
64365


317940


382305
15271


41336


56607
79636


359276


438912
SwedenTransport of Passengers


Transport of Goods


Not distinguished


Total Number
12580


256239


414


269233
1378


87230


101


88709
250


7267


1


7518
1628


94497


102


96227
United KingdomTransport of Passengers


Transport of Goods


Total Number
119407


1028459


1147866
9193


424578


433771
1079


49696


50775
10272


474274


484546
SwitzerlandNot distinguished321’578321’9789’952331930


4.3.4. Number of working days checked at premises of undertaking

Member StateCarriage of

passengers
Carriage of

goods
Carriage for own

account
Carriage for hire

and reward
Austria2393432082145724294561
Belgium154303621882797762
Cyprus03454990
Czech Republic12373443475755566502925
Denmark438850126443145785
Estonia51051987423024749
Finland249781096402422114004
France4125061624636152622021880
Germany2417831384398141902
Greece6896119276752650
Hungary5314635717913426370605
Ireland5253654550858835539194
Italy10710077988277496802570
Latvia16221042211
Lithuania995854858311661700
Luxembourg11928057239
Malta130947
Netherlands1734883539887
Poland4840914419249770142831
Portugal1001272653388578780
Romania743671470065303216070
Slovakia11348674330
Slovenia613935110460536644
Spain1073241082072987051070691
Sweden14537131121239666989
United Kingdom22441117852572781801507077
Switzerland1101325280


4.4. Offences; Number of offences recorded

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

Member StateType of offencePassengersGoodsTotal Passengers and Goods
NationalsEUThird CountriesTotal Non-NationalsNationalsEUThird CountriesTotal Non-Nationals
AustriaDaily driving period


Six days maximum


Fortnight
306


62


2
370


26


2
129


4


2
499


30


4
8055


1293


400
4002


507


28
956


191


5
4958


698


33
13818


2083


439
BelgiumNot distinguished128668741007315327834314640
CyprusDaily driving period


Six days maximum


Fortnight
13


2


0
0


0


0
0


0


0
0


0


0
4


2


2
0


0


0
0


0


0
0


0


0
17


4


2
Czech RepublicDaily driving period


Six days maximum


Fortnight
235


54


0
30


7


0
2


0


0
32


7


0
1649


237


2
623


86


7
89


18


0
712


104


7
2628


402


9
DenmarkDaily driving period and six days maximum


Fortnight
9


0
0


0
0


0
0


0
460


0
0


0
0


0
0


0
469


0
EstoniaDaily driving period


Six days maximum


Fortnight
4


0


0
0


0


0
0


0


0
0


0


0
42


2


1
16


0


0
1


0


0
17


0


0
63


2


1
FinlandDaily driving period


Six days maximum


Fortnight
97


0


0
0


0


0
0


0


0
0


0


0
3026


58


26
13


0


0
5


0


0
18


0


0
3141


58


0
France18Daily driving period


Six days maximum


Fortnight
27432


610


0
9812


96


0
37244


706
GermanyDaily driving period


Six days maximum


Fortnight
5165


274


266
156


0


0
112


0


21
168


0


21
127715


3525


5995
10498


120


80
1323


27


20
11821


147


100
144869


3946


387
Greece19
HungaryDaily driving period


Six days maximum


Fortnight
24


0


0
4


1


0
34


2


0
38


3


0
1393


79


5
466


27


0
559


52


0
1025


79


0
2480


161


68
IrelandDaily driving period


Six days maximum


Fortnight
48


0


1
1


0


0
0


0


0
1


0


0
2643


84


217
17


0


3
0


0


0
17


0


3
2709


84


221
ItalyDaily driving period


Six days maximum


Fortnight
680


371


722
92


240


480
3


0


0
95


240


480
11343


606


2102
491


301


600
128


0


0
619


301


600
12737


1518


3904
LatviaDaily driving period


Six days maximum


Fortnight
1


0


0
0


0


0
0


0


0
0


0


0
9


1


9
1


0


0
0


0


0
1


0


0
11


1


9
LithuaniaDaily driving period


Six days maximum


Fortnight
4


1


1
0


0


0
4


0


0
4


0


0
64


3


2
12


1


2
40


2


2
52


3


4
124


7


7
LuxembourgDaily driving period


Six days maximum


Fortnight
5


0


0
0


0


0
0


0


0
0


0


0
31


0


0
50


0


0
0


0


0
50


0


0
86


0


0
MaltaDaily driving period


Six days maximum


Fortnight
0


0


0
0


0


0
0


0


0
0


0


0
0


0


0
0


0


0
0


0


0
0


0


0
0


0


0
NetherlandsNot distinguished200054111811129672
PolandDaily driving period


Six days maximum


Fortnight
3292


0


109
141


0


0
35


0


0
176


0


0
10873


0


176
5682


0


84
1159


0


0
6841


0


84
21182


0


369
PortugalDaily driving period


Six days maximum


Fortnight
5


4


0
7


0


0
0


0


0
7


0


0
107


33


3
0


0


1
0


0


0
0


0


1
119


37


4
RomaniaDaily driving period


Six days maximum


Fortnight
292


24


5
0


0


0
3


0


0
3


0


0
2424


99


11
0


0


0
105


9


0
105


9


0
2824


132


16
SlovakiaDaily driving period


Six days maximum


Fortnight
486


0


106
7


0


0
1


0


0
8


0


0
6899


0


564
297


0


1
50


0


2
347


0


3
7740


0


673
Slovenia20Daily driving period


Six days maximum


Fortnight
128


5


13
45


1


11
369


3


8
414


4


19
542


9


32
SpainDaily driving period


Six days maximum


Fortnight
169


0


3
11


0


0
10


0


0
21


0


0
10248


0


301
1232


0


0
92


0


0
1324


0


0
11762


0


304
SwedenNot distinguished12719120925247122591331
United KingdomDaily driving period


Six days maximum


Fortnight
152


0


2
11


0


0
1


0


0
12


0


0
3024


0


44
1928


0


34
153


0


2
2081


0


36
5269


0


82
Switzerland21Daily driving period


Six days maximum


Fortnight
931


34


50
704


18


4
11


0


2
715


18


6
1646


52


56


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

Member StateType of offencePassengersGoodsTotal Passengers and Goods
NationalsEUThird CountriesTotal Non-NationalsNationalsEUThird CountriesTotal Non-Nationals
AustriaDriving more than 4.5 hours without break


Breaks too short
422


135
362


19
244


20
606


39
6991


4031
3797


585
1451


228
5248


813
16307


1978
BelgiumNot distinguished1422426264631656961000
CyprusDriving more than 4.5 hours without break


Breaks too short
52


0
0


0
0


0
0


0
12


0
0


0
0


0
0


0
64
Czech RepublicDriving more than 4.5 hours without break


Breaks too short
357


126
29


8
7


2
36


10
1323


983
517


171
58


34
575


205
2291


1324
DenmarkDriving more than 4.5 hours without break


Breaks too short
29


0
0


0
0


0
0


0
1307


0
0


0
0


0
0


0
1336


0
EstoniaDriving more than 4.5 hours without break


Breaks too short
1


1
0


0
0


0
0


0
75


22
6


3
0


0
6


3
82


26
FinlandDriving more than 4.5 hours without break


Breaks too short
348


126
0


0
0


0
0


0
1286


963
0


0
0


0
0


0
1634


1089
France22Driving more than 4.5 hours without break


Breaks too short
31334


0
4894


0
4894


0
36228


0
GermanyDriving more than 4.5 hours without break


Breaks too short
2863


4171
95


161
61


61
156


232
127952


145271
6854


6554
1046


934
7900


7488
138871


157162
Greece23
HungaryDriving more than 4.5 hours without break


Breaks too short
44


56
28


10
43


28
71


38
2031


913
536


291
579


283
1115


574
3261


1581
IrelandDriving more than 4.5 hours without break


Breaks too short
22


63
1


0
0


0
1


0
1043


1531
11


1
0


0
11


1
1077


1595
ItalyDriving more than 4.5 hours without break


Breaks too short
751


12
53


0
0


0
53


0
8437


536
224


38
61


5
285


43
9526


591
LatviaDriving more than 4.5 hours without break


Breaks too short
0


0
0


0
0


0
0


0
30


2
0


0
0


0
0


0
30


2
LithuaniaDriving more than 4.5 hours without break


Breaks too short
4


0
2


0
2


0
4


0
75


0
5


0
37


0
42


0
125


0
LuxembourgDriving more than 4.5 hours without break


Breaks too short
3


0
0


0
0


0
0


0
17


0
37


0
0


0
37


0
57


0
MaltaDriving more than 4.5 hours without break


Breaks too short
0


0
0


0
0


0
0


0
0


0
2


1
0


0
2


1
2


1
NetherlandsNot distinguished185051322120101301475
PolandDriving more than 4.5 hours without break


Breaks too short
3243


0
416


0
74


0
490


0
11573


0
8736


0
2680


0
11416


0
26722
PortugalDriving more than 4.5 hours without break


Breaks too short
10


3
4


0
0


0
4


0
136


24
4


0
0


0
4


0
154


27
RomaniaDriving more than 4.5 hours without break


Breaks too short
2345


0
0


0
123


0
123


0
8931


0
0


0
836


0
836


0
12235


0
SlovakiaDriving more than 4.5 hours without break


Breaks too short
1100


0
18


0
0


0
18


0
13725


23
745


0
73


0
818


0
15661


23
Slovenia24Driving more than 4.5 hours without break


Breaks too short
6


2
1


1
5


0
6


1
12


3
SpainDriving more than 4.5 hours without break and breaks too short1941420345695493575506473
SwedenNot distinguished3133103112152089217177§
United KingdomNot distinguished28420222170749058654971227092
Switzerland25Driving more than 4.5 hours without break


Breaks too short
1856


1789
1902


1815
6


20
1908


1835
3762


3624


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

Member StateType of offencePassengersGoodsTotal Passengers and Goods
NationalsEUThird CountriesTotal Non-NationalsNationalsEUThird CountriesTotal Non-Nationals
AustriaDaily


Weekly
319


22
407


32
328


48
735


80
6488


991
3928


504
1285


193
5213


697
12755


1790
BelgiumNot distinguished1121647171828285921830774188
CyprusDaily


Weekly
37


0
0


0
0


0
0


0
2


0
0


0
0


0
0


0
39


0
Czech RepublicDaily


Weekly
168


52
5


2
2


0
7


2
1521


179
329


46
39


18
368


64
2064


297
DenmarkDaily


Weekly
82


0
0


0
0


0
0


0
1512


0
0


0
0


0
0


0
1594


0
EstoniaDaily


Weekly
5


0
2


0
0


0
2


0
98


21
28


2
3


1
31


3
136


24
FinlandDaily


Weekly
209


8
0


0
0


0
0


0
5962


64
4


1
17


1
21


2
6192


74
France26Daily


Weekly
40141


1799
9875


0
9875


0
50016


1799
GermanyDaily


Weekly
5754


712
252


45
205


20
457


65
216315


5042
21281


445
4009


89
25290


534
247816


6353
Greece27
HungaryDaily


Weekly
97


67
16


8
34


22
50


30
1781


593
725


205
923


283
1648


558
3576


1248
IrelandDaily


Weekly
48


8
1


1
0


0
1


1
2645


332
12


3
0


0
12


3
2706


344
ItalyDaily


Weekly
257


317
14


72
0


0
14


72
5403


635
203


112
54


2
257


114
5931


1138
LatviaDaily


Weekly
0


0
0


0
0


0
0


0
24


1
0


0
0


0
0


0
24


1
LithuaniaDaily


Weekly
20


10
21


6
22


6
43


12
150


34
90


21
124


25
214


46
427


102
LuxembourgDaily


Weekly
4


0
0


0
0


0
0


0
20


0
12


0
0


0
12


0
36


0
Malta22
NetherlandsDaily


Weekly
63


9
36


2
18


0
54


2
2416


4
1077


1
108


0
1185


1
3718


16
PolandDaily


Weekly
5364


1583
373


38
148


0
521


38
22193


2721
10026


1029
3293


175
13319


1204
41397


5546
PortugalDaily


Weekly
29


3
7


0
0


0
7


0
188


17
10


1
0


0
10


1
133


21
RomaniaDaily


Weekly
754


5422
0


0
7


267
7


267
3068


15753
0


0
81


1917
81


1917
3910


23359
SlovakiaDaily


Weekly
397


39
28


1
0


0
28


1
11242


1187
457


6
77


0
534


6
12201


1233
Slovenia28Daily


Weekly
111


0
84


0
199


1
283


1
394


1
SpainDaily


Weekly
743


53
70


0
167


0
237


0
11953


182
1330


0
185


0
1515


0
14448


235
SwedenNot distinguished3575410641680471244952596
United KingdomDaily


Weekly
592


1745
43


127
3


10
46


137
7564


1436
3611


1033
377


119
3988


1152
12190


4470
Switzerland29Daily


Weekly
2187


745
2019


789
24


7
2043


796
4230


1541

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

Member StateType of offencePassengers
NationalsEUThird CountriesTotal Non-Nationals
AustriaFaulty


Incorrectly applied
126


31
56


31
42


18
98


49
Belgium30
Cyprus25
Czech RepublicFaulty


Incorrectly applied
3


10
0


7
0


0
0


7
DenmarkFaulty


Incorrectly applied
0


0
0


0
0


0
0


0
EstoniaFaulty


Incorrectly applied
1


0
0


0
0


0
0


0
FinlandFaulty


Incorrectly applied
133


0
0


0
0


0
0


0
France31Faulty and incorrectly applied499168168
GermanyFaulty


Incorrectly applied
134


64
35


66
39


49
74


115
Greece25
HungaryFaulty


Incorrectly applied
24


22
1


0
2


1
3


1
IrelandFaulty


Incorrectly applied
2


0
0


0
0


0
0


0
ItalyFaulty


Incorrectly applied
970


46

19


0
0


3

19


3

LatviaFaulty


Incorrectly applied
0


2
0


0
0


0
0


0
LithuaniaFaulty


Incorrectly applied
12


2
0


0
0


0
0


0
LuxembourgFaulty


Incorrectly applied
0


0
0


0
0


0
0


0
Malta25Faulty


Incorrectly applied
NetherlandsFaulty and incorrectly applied0


0
0


0
0


0
0


0
PolandFaulty


Incorrectly applied
55


25

0


0
0


0
0


0
PortugalFaulty


Incorrectly applied
2


0
0


0
0


0
0


0
RomaniaFaulty


Incorrectly applied
0


0
0


0
0


0
0


0
Slovakia25
SloveniaFaulty


Incorrectly applied
0


4
0


1
0


4
0


5
SpainFaulty and incorrectly applied3751350298648
SwedenFaulty and incorrectly applied21000
United KingdomFaulty


Incorrectly applied

Faulty
2


0

0


0
0


0
0


0
SwitzerlandFaulty and incorrectly applied11031234271261


1Directive 2006/22/EC of the European Parliament and of the Council of 15 March 2006 on minimum conditions for the implementation of Council Regulations (EEC) 3820/85 and (EEC) No 3821/85 concerning social legislation relating to road transport activities and repealing Council Directive 88/599/EEC, OJ L 102, 11.4.2006, p. 35

2Council Regulation (EEC) No 3820/85 of 20 December 1985 on the harmonization of certain social legislation relating to road transport, OJ L370, 31.12.1985, p. 1

3Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport, OJ L 370, 31.12.1985, p. 8

4Member State did not supply data

5Figures for France, Denmark, Germany and Italy are those registered in the previous report as these countries did not communicate any change in their legislation

6Directive 2002/15/EC of the European Parliament and of the Council of 11 March 2002 on the organisation of working time of persons performing mobile road transport activities, OJ L 80, 23.3.2002, p. 35

7The'rr'''e'eee report does not include controls of non-nationals

8Differentiation only between residents and non-residents

9No data submitted for carriage of goods

10No differentiation between carriage for own account and carriage for hire and reward

11No differentiation between carriage of passengers and goods

12Differentiation only between residents and non-residents

13No differentiation between other Member States and third countries

14No differentiation between nationals and non-nationals

15No data on transport of goods available

16No differentiation between carriage for own account and carriage for hire and reward

17No differentiation between transport of goods and transport of passengers

18No differentiation between other Member States and third countries and between transport of passengers and goods

19Member State did not submit data

20No correct differentiation between transport of passengers and transport of goods

21No differentiation between transport of passengers and goods

22No differentiation between other Member States and third countries and between transport of passengers and goods

23Member State did not submit data

24No correct differentiation between transport of passengers and transport of goods

25No differentiation between transport of passengers and goods

26No differentiation between other Member States and third countries and between transport of passengers and goods

27No data supplied by Member State

28No correct differentiation between transport of passengers and transport of goods

29No correct differentiation between transport of passengers and transport of goods

30Member State did not submit data

31No differentiation between other Member States and third countries

EN EN