Division 2 Groups of infringements against Regulation (EU) no 165/2014 of the European Parliament and of the Council (Tachograph)F1

United Kingdom

No	LEGAL BASIS	TYPE OF INFRINGEMENTS	LEVEL OF SERIOUSNESS
No	LEGAL BASIS	TYPE OF INFRINGEMENTS	MSI	VSI	SI	MI
G	Installation of tachograph
G1	Article 3.1 and Article 22.2	Not having type-approved tachograph installed and used (e.g.: not having a tachograph installed by fitters, workshops or vehicle manufacturers approved by the competent authorities of the Member States, using a tachograph without the necessary seals placed or replaced by an approved fitter, workshop or vehicle manufacturer or using a tachograph without the installation plaque)	X
H	Use of tachograph, driver card or record sheet
H1	Article 23.1	Using a tachograph not inspected by an approved workshop		X
H2	Article 27	Driver holding and/or using more than one own driver card		X
H3		Driving with a driver card that has been falsified ( considered as driving without driver card )	X
H4		Driving with a driver card of which the driver is not the holder ( considered as driving without driver card )	X
H5		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
H6	Article 32.1	Tachograph not correctly functioning (e.g.: tachograph not properly inspected, calibrated and sealed)		X
H7	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
H8	Article 32.3	Using a fraudulent device able to modify the records of the tachograph	X
H9	Article 32.3	Falsifying, concealing, supressing or destroying data recorded on the record sheets or stored and downloaded from the tachograph and/or the driver card	X
H10	Article 33.2	Undertaking not keeping record sheets, printouts and downloaded data		X
H11	Article 33.2	Recorded and stored data not available for at least a year		X
H12	Art 34.1	Incorrect use of record sheets/driver card		X
H13		Unauthorised withdrawal of record sheets or driver card which has an impact on the record of relevant data		X
H14		Record sheet or driver card used to cover a period longer than that for which it is intended and data is lost		X
H15	Article 34.2	Use dirty or damaged record sheets or drivers card and data not legible		X
H16	Article 34.3	Not using manual input when required to do so		X
H17	Article 34.4	Not using correct record sheet or driver card not in the correct slot (multi-manning)			X
H18	Article 34.5	Incorrect use of switch mechanism		X
I	Producing information
I1	Article 36	Refusing to be checked		X
I2	Article 36	Unable to produce records of current day and the previous 28 days		X
I3	Article 36	Unable to produce records of the driver card if the driver holds one		X
I4	Article 36	Unable to produce manual records and printouts made during the current day and the previous 28 days		X
I5	Article 36	Unable to produce a driver card, if the driver holds one		X
J	Malfunctioning
J1	Article 37.1 and Article 22.1	Tachograph not repaired by an approved fitter or workshop		X
J2	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

Annotations

Textual amendments

F1: Substituted by 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).

Footnotes

f1: 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 ).