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

Extent: E+W+S+N.I.

No
LEGAL BASIS
TYPE OF INFRINGEMENTS
LEVEL OF SERIOUSNESS
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
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
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
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

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Source: https://www.legislation.gov.uk/eudr/2006/22/annex/III/division/2 (the official version)
Page: https://openlegislation.uk/eu-directive-2006-22/annex-III/division-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.