Directive 2006/22/EC of the European Parliament and of the Council of 15 March 2006 on minimum conditions for the implementation of Council Regulations (EEC) No 3820/85 and (EEC) No 3821/85 concerning social legislation relating to road transport activities and repealing Council Directive 88/599/EEC (Text with EEA relevance) - Declarations
Modified by
- Commission Directive 2009/4/ECof 23 January 2009counter measures to prevent and detect manipulation of records of tachographs, amending 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 and repealing Council Directive 88/599/EEC(Text with EEA relevance), 32009L0004, January 24, 2009
- Commission Directive 2009/5/ECof 30 January 2009amending 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(Text with EEA relevance)Corrigendum to 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(Text with EEA relevance)(Official Journal of the European Union L 29 of 31 January 2009), 32009L000532009L0005R(02), January 31, 2009
Corrected by
- Corrigendum to 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, 32009L0005R(02), September 29, 2009
(a) for roadside checks: (i) type of road, namely whether it is a motorway, a national or a secondary road, and country of registration of the vehicle inspected, in order to avoid discrimination; (ii) type of tachograph: analogue or digital;
(b) for checks at the premises: (i) type of transport activity, namely whether the activity is international or domestic, passenger or freight, own account or for hire or reward; (ii) size of company fleet; (iii) type of tachograph: analogue or digital.
(a) sufficient provision is made for checkpoints on or nearby existing and planned roads and, if necessary, that service stations and other safe locations along motorways can function as checkpoints; (b) checks are carried out following a random rotation system, with an appropriate geographical balance.
(a) country of registration of vehicle; (b) country of residence of driver; (c) country of establishment of undertaking; (d) origin and destination of journey; (e) type of tachograph: analogue or digital.
(a) a list of the principal points to be checked, as set out in Part A of Annex I; (b) standard checking equipment, as set out in Annex II.
(a) a list of the principal points to be checked, as set out in Parts A and B of Annex I; (b) standard checking equipment, as set out in Annex II.
(a) to ensure coordination with equivalent bodies in the other Member States concerned as regards actions taken under Article 5; (b) to forward the biennial statistical returns to the Commission under Article 16(2) of Regulation (EEC) No 3820/85; (c) to be primarily responsible for assisting the competent authorities of other Member States pursuant to Article 4(6).
(a) at least once every six months after the entry into force of this Directive; (b) upon specific request by a Member State in individual cases.
(a) to promote a common approach to the implementation of this Directive; (b) to encourage a coherence of approach between enforcement authorities and a harmonised interpretation of Regulation (EEC) No 3820/85 between enforcement authorities; (c) to facilitate dialogue between the transport sector and enforcement authorities.
(1) daily and weekly driving times, breaks and daily and weekly rest periods; also the preceding days' record sheets which have to be carried on board the vehicle in accordance with Article 15(7) of Regulation (EEC) No 3821/85 and/or the data stored for the same period on the driver card and/or in the memory of the recording equipment in accordance with Annex ΙΙ to this Directive and/or on printouts; (2) for the period referred to in Article 15(7) of Regulation (EEC) No 3821/85, any cases where the vehicle's authorised speed is exceeded, to be defined as being any periods of more than one minute during which the vehicle's speed exceeds 90 km/h for category N 3 vehicles or 105 km/h for category M3 vehicles (categories N3 and M3 being defined in Annex II, Part A to Council Directive 70/156/EEC of6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers ;OJ L 42, 23.2.1970, p. 1 . Directive as last amended by Commission Directive 2006/28/EC (OJ L 65, 7.3.2006, p. 27 ).(3) where appropriate, momentary speeds attained by the vehicle as recorded by the recording equipment in no more than the previous 24 hours' use of the vehicle; (4) the correct functioning of the recording equipment (determination of possible misuse of the equipment and/or the driver card and/or record sheets) or, where appropriate, presence of the documents referred to in Article 14(5) of Regulation (EEC) No 3820/85; (5) where appropriate, and with due regard to safety considerations, a verification of the recording equipment installed in vehicles in order to detect the installation and/or the use of any device, or devices, intended to destroy, suppress, manipulate or alter any data, or which is intended to interfere with any part of the electronic data exchange between the component parts of recording equipment, or which inhibits or alters the data in such ways prior to encryption.
(1) weekly rest periods and driving times between these rest periods; (2) observance of the two-weekly limitation of driving times; (3) record sheets, vehicle unit and driver card data and printouts.
(1) equipment capable of downloading data from the vehicle unit and driver card of the digital tachograph, reading data, and analysing data and/or transmitting findings to a central database for analysis; (2) equipment to check the tachograph sheets; (3) specific analysis equipment, with appropriate software, to verify and confirm the digital signature attached to data, as well as specific analysis software to provide a detailed speed profile of vehicles prior to the inspection of their recording equipment.
No | Legal basis | Type of infringement | Level of seriousness | |||
---|---|---|---|---|---|---|
VSI | SI | MI | ||||
A1 | Art. 5.1 | Not respecting minimum ages for conductors | X | |||
B1 | Art. 6.1 | Exceed daily driving time of 9 h if possibilities to extend to 10 h not allowed | 9 h<…<10 h | X | ||
B2 | 10 h<…<11 h | X | ||||
B3 | 11 h<… | X | ||||
B4 | Exceed extended daily driving time of 10 h if extension allowed | 10 h<…<11 h | X | |||
B5 | 11 h<…<12 h | X | ||||
B6 | 12 h<… | X | ||||
B7 | Art. 6.2 | Exceed weekly driving time | 56 h<…<60 h | X | ||
B8 | 60 h<…<70 h | X | ||||
B9 | 70 h<… | X | ||||
B10 | Art. 6.3 | Exceed accumulated driving time during 2 consecutive weeks | 90 h<…<100 h | X | ||
B11 | 100 h<…<112 h 30 | X | ||||
B12 | 112 h 30<… | X | ||||
C1 | Art. 7 | Exceed uninterrupted driving time | 4 h 30<…<5 h | X | ||
C2 | 5 h<…<6 h | X | ||||
C3 | 6 h<… | X | ||||
D1 | Art. 8.2 | Insufficient daily rest period of less than 11 h if reduced daily rest period not allowed | 10 h<…<11 h | X | ||
D2 | 8 h 30<…<10 h | X | ||||
D3 | …<8 h 30 | X | ||||
D4 | Insufficient reduced daily rest period of less than 9 h if reduce allowed | 8 h<…<9 h | X | |||
D5 | 7 h<…<8 h | X | ||||
D6 | …<7 h | X | ||||
D7 | Insufficient split daily rest period of less than 3 h+9 h | 3 h+(8 h<…<9 h) | X | |||
D8 | 3 h+(7 h<…<8 h) | X | ||||
D9 | 3 h+(…<7 h) | X | ||||
D10 | Art. 8.5 | Insufficient daily rest period of less than 9 h for multi-manning | 8 h<…<9 h | X | ||
D11 | 7 h<…<8 h | X | ||||
D12 | …<7 h | X | ||||
D13 | Art. 8.6 | Insufficient reduced weekly resting period of less than 24 h | 22 h<…<24 h | X | ||
D14 | 20 h<…<22 h | X | ||||
D15 | …<20 h | X | ||||
D16 | Insufficient weekly resting period of less than 45 h if reduced weekly resting period not allowed | 42 h<…<45 h | X | |||
D17 | 36 h<…<42 h | X | ||||
D18 | …<36 h | X | ||||
E1 | Art. 10.1 | Link between wage and distance travelled or amount of goods carried | X |
No | Legal basis | Type of infringements | Level of seriousness | ||
---|---|---|---|---|---|
VSI | SI | MI | |||
F1 | Art. 3.1 | No type approved recording equipment installed and used | X | ||
G1 | Art. 13 | Recording equipment not correctly functioning (for example: recording equipment not properly inspected, calibrated and sealed) | X | ||
G2 | Recording equipment improperly used (not using a valid driver card, voluntary abuse, …) | X | |||
G3 | Art. 14.1 | Not carrying a sufficient number of record sheets | X | ||
G4 | Model of record sheet not approved | X | |||
G5 | Not carrying enough paper for printouts | X | |||
G6 | Art. 14.2 | Undertaking not keeping record sheets, printouts and downloaded data | X | ||
G7 | Art. 14.4 | Driver holding more than one valid driver card | X | ||
G8 | Art. 14.4 | Use of driver card which is not the driver’s own valid card | X | ||
G9 | Art. 14.4 | Use of defective or expired driver card | X | ||
G10 | Art. 14.5 | Recorded and stored data not available for at least 365 days | X | ||
G11 | Art. 15.1 | Use dirty or damaged sheets or driver cards and data legible | X | ||
G12 | Use dirty or damaged sheets or driver cards and data not legible | X | |||
G13 | Failure to apply for replacement of damaged, malfunctioning, lost or stolen driver card within 7 calendar days | X | |||
G14 | Art. 15.2 | Incorrect use of record sheets/driver cards | X | ||
G15 | Unauthorised withdrawal of sheets or driver card which has an impact on the record of relevant data | X | |||
G16 | Unauthorised withdrawal of sheets or driver card without any impact on data recorded | X | |||
G17 | Record sheet or driver card used to cover a period longer than that for which it is intended but no data is lost | X | |||
G18 | Record sheet or driver card used to cover a period longer than that for which it is intended and data is lost | X | |||
G19 | Not using manual input when required to do so | X | |||
G20 | Not using correct sheet or driver card not in the correct slot (multi-manning) | X | |||
G21 | Art. 15.3 | Time recorded on the sheet does not agree with official time of country of registration of the vehicle | X | ||
G22 | Incorrect use of switch mechanism | X | |||
H1 | Art. 15.5 | Surname missing on record sheet | X | ||
H2 | First name missing on record sheet | X | |||
H3 | Date of begin or end of use of the sheet missing | X | |||
H4 | Place of begin or end of use of the sheet missing | X | |||
H5 | Registration number missing on record sheet | X | |||
H6 | Odometer reading (start) missing on record sheet | X | |||
H7 | Odometer reading (end) missing on record sheet | X | |||
H8 | Time of change of vehicle missing on record sheet | X | |||
H9 | Art. 15.5a | Symbol of country not entered in recording equipment | X | ||
I1 | Art. 15.7 | Refuse to be checked | X | ||
I2 | Art. 15.7 | Unable to produce records of current day | X | ||
I3 | Unable to produce records of previous 28 days | X | |||
I4 | Unable to produce records of the driver card if the driver holds one | X | |||
I5 | Unable to produce manual records and printouts made during the current day and the previous 28 days | X | |||
I6 | Unable to produce driver card | X | |||
I7 | Unable to produce printouts made during the current day and the previous 28 days | X | |||
J1 | Art. 15.8 | Falsify, suppress, destroy data recorded on record sheets, stored in the recording equipment or on the driver card or print-outs from the recording equipment | X | ||
J2 | Manipulation of recording equipment, record sheet or driver card which may result in data and/or printouts information being falsified | X | |||
J3 | Manipulation device that could be used to falsify data and/or printouts information present on vehicle (switch/wire …) | X | |||
K1 | Art. 16.1 | Not repaired by an approved fitter or workshop | X | ||
K2 | Not repaired en route | X | |||
L1 | Art. 16.2 | Driver not marking all information for the periods of time which are no longer recorded while recording equipment is unserviceable or malfunctioning | X | ||
L2 | Driver card number and/or name and/or driving licence number missing on temporary sheet | X | |||
L3 | Signature missing on temporary sheet | X | |||
L4 | Art. 16.3 | Lost or theft of driver card not formally declared to the competent authorities of the Member State where the theft occurred | X |