LegalizeCommission Regulation (EU) 2016/403 of 18 March 2016 supplementing Regulation (EC) No 1071/2009 of the European Parliament and of the Council with regard to the classification of serious infringements of the Union rules, which may lead to the loss of good repute by the road transport operator, and amending Annex III to Directive 2006/22/EC of the European Parliament and of the Council (Text with EEA relevance)
COMMISSION REGULATION (EU) 2016/403
of 18 March 2016
supplementing Regulation (EC) No 1071/2009 of the European Parliament and of the Council with regard to the classification of serious infringements of the Union rules, which may lead to the loss of good repute by the road transport operator, and amending Annex III to Directive 2006/22/EC of the European Parliament and of the Council
(Text with EEA relevance)
Article 1
Article 2
Annex III to Directive 2006/22/EC is amended as set out in Annex III to this Regulation.
Article 3
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 January 2017.
This Regulation shall be binding in its entirety and directly applicable in Member States.
ANNEX I
Categorisation of serious infringements
(referred to in Article 1)
The following tables contain categories and types of serious infringements against the Union rules in commercial road transport, divided into three categories of seriousness according to their potential to create a risk of fatalities or serious injuries and/or of distorting competition in the road transport market.
| No | LEGAL BASIS | TYPE OF INFRINGEMENT | LEVEL OF SERIOUSNESS(1) | |||
|---|---|---|---|---|---|---|
| MSI | VSI | SI | ||||
| Crew | ||||||
| 1. | Article 5(1) | Not respecting minimum ages for conductors | X | |||
| Driving periods | ||||||
| 2. | Article 6(1) | Exceed daily driving time of 9h if possibilities to extend to 10h not allowed | 10h ≤ … < 11h | X | ||
| 3. | 11h ≤ … | X | ||||
| 4. | Exceed daily driving time of 9h by 50 % or more | 13h30 ≤ … | X | |||
| 5. | Exceed extended daily driving time of 10h if extension allowed | 11h ≤ … < 12h | X | |||
| 6. | 12h ≤ … | X | ||||
| 7. | Exceed daily driving time of 10h by 50 % or more | 15h ≤ … | X | |||
| 8. | Article 6(2) | Exceed weekly driving time | 60h ≤ … < 65h | X | ||
| 9. | 65h ≤ … < 70h | X | ||||
| 10. | Exceed weekly driving time by 25 % or more | 70h ≤ … | X | |||
| 11. | Article 6(3) | Exceed maximum total driving time during 2 consecutive weeks | 100h ≤ … < 105h | X | ||
| 12. | 105h ≤ … < 112h30 | X | ||||
| 13. | Exceed maximum total driving time during 2 consecutive weeks by 25 % or more | 112h30 ≤ … | X | |||
| Breaks | ||||||
| 14. | Article 7 | Exceed uninterrupted driving time of 4,5 hours before taking the break | 5h ≤ … < 6h | X | ||
| 15. | 6h ≤ … | X | ||||
| Rest Periods | ||||||
| 16. | Article 8(2) | Insufficient daily rest period of less than 11h if reduced daily rest period not allowed | 8h30 ≤ … < 10h | X | ||
| 17. | … < 8h30 | X | ||||
| 18. | Insufficient reduced daily rest period of less than 9h if reduce allowed | 7h ≤ … < 8h | X | |||
| 19. | … < 7h | X | ||||
| 20. | Insufficient split daily rest period of less than 3h + 9h | 3h + [7h ≤ … < 8h] | X | |||
| 21. | 3h + [… < 7h] | X | ||||
| 22. | Article 8(5) | Insufficient daily rest period of less than 9h for multi-manning | 7h ≤ … < 8h | X | ||
| 23. | … < 7h | X | ||||
| 24. | Article 8(6) | Insufficient reduced weekly resting period of less than 24 h | 20h ≤ … < 22h | X | ||
| 25. | … < 20h | X | ||||
| 26. | Insufficient weekly resting period of less than 45 h if reduced weekly resting period not allowed | 36h ≤ … < 42h | X | |||
| 27. | … < 36h | X | ||||
| 28. | Article 8(6) | Exceeding 6 consecutive 24-hour periods following the previous weekly rest period | 3h ≤ … < 12h | X | ||
| 29. | ||||||
| 12h ≤ … | X | |||||
| 30. | Article 8(6b) | No compensation rest for two consecutive reduced weekly rest periods | X | |||
| 31. | Article 8(8) | Regular weekly rest period or any weekly rest period of more than 45 hours taken in a vehicle | X | |||
| 32. | Article 8(8) | The employer not covering costs for accommodation outside the vehicle | X | |||
| 12-day rule derogation | ||||||
| 33. | Article 8(6a) | Exceeding 12 consecutive 24-hour periods following a previous regular weekly rest | 3h ≤ … < 12h | X | ||
| 34. | 12h ≤ … | X | ||||
| 35. | Article 8(6a), Point (b)(ii) | Weekly rest period taken following 12 consecutive 24-hour periods | 65h < … ≤ 67h | X | ||
| 36. | … ≤ 65h | X | ||||
| 37. | Article 8(6a), point (d) | Driving period, between 22.00 and 6.00, of more than 3 hours before the break, if the vehicle is not multi-manned | 3h < … < 4,5 h | X | ||
| 38. | 4,5 h ≤ … | X | ||||
| Work organisation | ||||||
| 39. | Article 8(8a) | Transport undertaking not organising the work of drivers in such a way that the drivers are able to return to the employer’s operational centre, or to return to the drivers’ place of residence | X | |||
| 40. | Article 10(1) | Link between wage/payment and distance travelled, speed of delivery and/or amount of goods carried | X | |||
| 41. | Article 10(2) | No or improper organisation of driver’s work, no or improper instructions given to driver enabling him to comply with the law | X | |||
| (1) MSI = most serious infringements / VSI = very serious infringement / SI = serious infringement. |
2. Groups of infringements against Regulation (EU) No 165/2014 of the European Parliament and of the Council (2)(Tachograph)
| No | LEGAL BASIS | TYPE OF INFRINGEMENT | LEVEL OF SERIOUSNESS | ||
|---|---|---|---|---|---|
| MSI | VSI | SI | |||
| Installation of tachograph | |||||
| 1. | Articles 3(1), (4), (4a) and Article 22 | Not having type-approved tachograph installed and used | X | ||
| Use of tachograph, driver card or record sheet | |||||
| 2. | Article 23(1) | Using a tachograph not inspected by an approved workshop | X | ||
| 3. | Article 27 | Driver holding and/or using more than one own driver card | X | ||
| 4. | Driving with a driver card that has been falsified (considered as driving without driver card) | X | |||
| 5. | Driving with a driver card of which the driver is not the holder (considered as driving without driver card) | X | |||
| 6. | Driving with a driver card which has been obtained on the basis of false declarations and/or forged documents (considered as driving without driver card) | X | |||
| 7. | Article 32(1) | Tachograph not correctly functioning (e.g.: tachograph not properly inspected, calibrated and sealed) | X | ||
| 8. | Article 32(1) and Article 33(1) | Tachograph improperly used (e.g.: deliberate, voluntary or imposed misuse, lack of instructions on correct use, etc.) | X | ||
| 9. | Article 32(3) | Having in the vehicle and/or using a fraudulent device able to modify the records of the tachograph | X | ||
| 10. | Falsifying, concealing, supressing or destroying data recorded on the record sheets or stored and downloaded from the tachograph and/or the driver card | X | |||
| 11. | Article 33(2) | Undertaking not keeping record sheets, printouts and downloaded data | X | ||
| 12. | Recorded and stored data not available for at least a year | X | |||
| 13. | Article 34(1) | Incorrect use of record sheets/driver card | X | ||
| 14. | Unauthorised withdrawal of record sheets or driver card which has an impact on the record of relevant data | X | |||
| 15. | Article 34(1a) | Record sheet or driver card used to cover a period longer than that for which it is intended and data is lost | X | ||
| 16. | Article 34(2) | Use dirty or damaged record sheets or drivers card and data not legible | X | ||
| 17. | Article 34(3) | Not using manual input when required to do so | X | ||
| 18. | Article 34(4) | Not using correct record sheet or driver card not in the correct slot (multi-manning) | X | ||
| 19. | Article 34(5) | Incorrect use of switch mechanism | X | ||
| Producing information | |||||
| 20. | Article 34(5), point (b)(v) | Incorrect use or non-use of the ferry/train sign | X | ||
| 21. | Article 34(6) | Required information not entered on the record sheet | X | ||
| 22. | Article 34(7) | Records not showing the symbols of the countries whose borders were crossed by the driver during the daily working period | X | ||
| 23. | Article 34(7) | Records not showing the symbols of the countries where the driver’s daily working period started and finished | X | ||
| 24. | Article 36 | Refusing to be checked | X | ||
| 25. | Article 36 | Unable to produce manual records and printouts made during the current day and the previous 28 days (until 30 December 2024) Unable to produce manual records and printouts made during the current day and the previous 56 days (as of 31 December 2024) | X | ||
| 26. | Article 36 | Unable to produce a driver card, if the driver holds one | X | ||
| Malfunctioning | |||||
| 27. | Article 37(1) and Article 22(1) | Tachograph not repaired by an approved fitter or workshop | X | ||
| 28. | Article 37(2) | Driver not marking all required information for the periods of time, which are no longer recorded while tachograph is unserviceable or malfunctioning | X |
3. Groups of infringements against Directive 2002/15/EC of the European Parliament and of the Council (3)(Working time rules)
| No | LEGAL BASIS | TYPE OF INFRINGEMENT | LEVEL OF SERIOUSNESS | |||
|---|---|---|---|---|---|---|
| MSI | VSI | SI | ||||
| Maximum weekly working time | ||||||
| 1. | Article 4 | Exceeding maximum weekly working time of 48h if possibilities to extend to 60h already consumed | 56h ≤ … 60h | X | ||
| 2. | 60h ≤ … | X | ||||
| 3. | Exceeding maximum weekly working time of 60h if no derogation under Article 8 granted | 65 ≤ … < 70h | X | |||
| 4. | 70h ≤ … | X | ||||
| Breaks | ||||||
| 5. | Article 5.1 | Insufficient obligatory break taken when working time between 6 and 9 hours | 10 < … ≤ 20 min | X | ||
| 6. | … ≤ 10 min | X | ||||
| 7. | Insufficient obligatory break taken when working time over 9 hours | 20 < … ≤ 30min | X | |||
| 8. | … ≤ 20 min | X | ||||
| Night work | ||||||
| 9. | Article 7.1 | Daily working time in each 24h when night work performed if no derogation under Article 8 granted | 11h ≤ … < 13h | X | ||
| 10. | 13h ≤ … | X | ||||
| Records | ||||||
| 11. | Article 9 | Employers falsifying working time records or refusing to provide records to inspection officer | X | |||
| 12. | Employed/self-employed drivers falsifying records or refusing to provide records to inspection officer | X |
4. Groups of infringements against Council Directive 96/53/EC (4)(Weight and dimension rules)
| No | LEGAL BASIS | TYPE OF INFRINGEMENT | LEVEL OF SERIOUSNESS | |||
|---|---|---|---|---|---|---|
| MSI | VSI | SI | ||||
| Weights | ||||||
| 1. | Article 1 | Exceed maximum permissible weight for N3 vehicles | 5 % ≤ … < 10 % | X | ||
| 2. | 10 % ≤ … < 20 % | X | ||||
| 3. | 20 % ≤ … | X | ||||
| 4. | Exceed maximum permissible weight for N2 vehicles | 5 % ≤ … < 15 % | X | |||
| 5. | 15 % ≤ … < 25 % | X | ||||
| 6. | 25 % ≤ … | X | ||||
| Lengths | ||||||
| 7. | Article 1 | Exceed maximum permissible length | 2 % < … < 20 % | X | ||
| 8. | 20 % ≤ … | X | ||||
| Width | ||||||
| 9. | Article 1 | Exceed maximum permissible width | 2,65 ≤ … < 3,10 metres | X | ||
| 10. | 3,10 metres ≤ … | X |
5. Groups of infringements against Directive 2014/45/EU of the European Parliament and of the Council (5)(Periodic roadworthiness tests) and Directive 2014/47/EU of the European Parliament and of the Council (6)(Technical roadside inspection)
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