Annex

United Kingdom

‘ANNEX III

Infringements

In accordance with Article 9(3), the following table contains guidelines on a common range of infringements against Regulation (EC) No 561/2006 and Regulation (EEC) No 3821/85, divided into categories according to their gravity.

1.

Groups of infringements against Regulation (EC) No 561/2006

VSI = Very Serious Infringement/SI = Serious Infringement/MI = Minor Infringement.

No Legal basis Type of infringement Level of seriousness^f1
VSI SI MI
A Crew
A1 Art. 5.1 X1Not respecting minimum ages for conductors X
B Driving periods
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
C Breaks
C1 Art. 7 Exceed uninterrupted driving time 4 h 30<…<5 h X
C2 5 h<…<6 h X
C3 6 h<… X
D Rest periods
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
E Types of payment
E1 Art. 10.1 Link between wage and distance travelled or amount of goods carried X

2.

Groups of infringements against Regulation (EEC) No 3821/85

VSI = Very Serious Infringement/SI = Serious Infringement/MI = Minor Infringement.

No Legal basis Type of infringements Level of seriousness^f2
VSI SI MI
F Installation of recording equipment
F1 Art. 3.1 No type approved recording equipment installed and used X
G Use of recording equipment, driver card or record sheet
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
H Fill in information
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
I Producing information
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
J Fraud
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
K Breakdown
K1 Art. 16.1 Not repaired by an approved fitter or workshop X
K2 Not repaired en route X
L Manual input on printouts
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

’

VSI = Very Serious Infringement/SI = Serious Infringement/MI = Minor Infringement.
No	Legal basis	Type of infringement	Level of seriousness^f1
VSI	SI	MI
A	Crew
A1	Art. 5.1	X1Not respecting minimum ages for conductors		X
B	Driving periods
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
C	Breaks
C1	Art. 7	Exceed uninterrupted driving time	4 h 30<…<5 h			X
C2	5 h<…<6 h		X
C3	6 h<…	X
D	Rest periods
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
E	Types of payment
E1	Art. 10.1	Link between wage and distance travelled or amount of goods carried	X

VSI = Very Serious Infringement/SI = Serious Infringement/MI = Minor Infringement.
No	Legal basis	Type of infringements	Level of seriousness^f2
VSI	SI	MI
F	Installation of recording equipment
F1	Art. 3.1	No type approved recording equipment installed and used	X
G	Use of recording equipment, driver card or record sheet
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
H	Fill in information
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
I	Producing information
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
J	Fraud
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
K	Breakdown
K1	Art. 16.1	Not repaired by an approved fitter or workshop	X
K2	Not repaired en route		X
L	Manual input on printouts
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

Annotations

Editorial notes

X1: Substituted 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 (Text with EEA relevance) (Official Journal of the European Union L 29 of 31 January 2009).

Footnotes

f1: VSI = Very Serious Infringement/SI = Serious Infringement/MI = Minor Infringement.
f2: VSI = Very Serious Infringement/SI = Serious Infringement/MI = Minor Infringement.