# Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market (recast) (Text with EEA relevance), Article 12: Sanctioning of infringements ...

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

1. In the event that a competent authority is notified of a serious infringement of this Regulation, or Regulation (EC) 1072/2009 as it applies in the EU and amended from time to time, by any haulier who is established in the United Kingdom, the appropriate competent authority for that haulier must take appropriate action which may include a warning to pursue the matter which may lead, inter alia, to the imposition of the following administrative penalties:
(a) temporary or permanent withdrawal of some or all of the certified true copies of the UK licence for the Community;
(b) temporary or permanent withdrawal of the UK licence for the Community.
These penalties may be determined after the final decision on the matter has been taken and shall have regard to the seriousness of the infringement committed by the holder of the UK licence for the Community and to the total number of certified true copies of that licence that he holds in respect of international traffic.
2. In the event that the Minister, is notified of a serious infringement regarding any misuse whatsoever of driver attestations by a haulier who is established in the UK, the Minister must impose appropriate penalties, such as:
(a) suspending the issue of driver attestations;
(b) withdrawing driver attestations;
(c) making the issue of driver attestations subject to additional conditions in order to prevent misuse;
(d) withdrawing, temporarily or permanently, some or all of the certified true copies of the UK licence for the Community;
(e) withdrawing, temporarily or permanently, the UK licence for the Community.
These penalties may be determined after the final decision on the matter has been taken and shall have regard to the seriousness of the infringement committed by the holder of the UK licence for the Community.
3. The relevant UK authorities must communicate to the relevant authorities of the Member State in which the infringement was ascertained, as soon as possible and at the latest within 6 weeks of their final decision on the matter, which, if any, of the penalties provided for in paragraphs 1 and 2 have been imposed.
If such penalties are not imposed, the relevant UK authorities must state the reasons therefor.
4. The relevant UK authorities must ensure that the penalties imposed on the haulier concerned are, as a whole, proportionate to the infringement or infringements which gave rise to such penalties, taking into account any penalty for the same infringement imposed in the Member State in which the infringement was ascertained.
5. The relevant UK authority may also bring proceedings against the haulier before a competent national court or tribunal. The relevant UK authority must inform the relevant authority of the host Member State of any decisions taken to this effect.
6. Hauliers have the right to appeal against any administrative penalty imposed on them pursuant to this Article.
(7.) In this Article, ‘relevant UK authority’ means:
(a) a competent authority dealing with any matter for the purposes of paragraph 1;
(b) the Minister dealing with any matter for the purposes of paragraph 2.

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Source: https://www.legislation.gov.uk/eur/2009/1072/article/12 (the official version)
Page: https://openlegislation.uk/eu-regulation-2009-1072/article-12
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.