# 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), Annex Extent: E+W+S+N.I. ‘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 VSI SI MI A Crew A1 Art. 5.1 Not 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 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 ’ --- Source: https://www.legislation.gov.uk/eudr/2009/5/annex (the official version) Page: https://openlegislation.uk/eu-directive-2009-5/annex Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.