# 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), Division 1: Groups of infringements against Regulation (EC) No 561/2006 of the European Parliament and of the Council(Driving and resting time)

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

MSI = most serious infringements/VSI = very serious infringement/SI = serious infringement.
No
LEGAL BASIS
TYPE OF INFRINGEMENT
LEVEL OF SERIOUSNESS
MSI
VSI
SI
Crew
1.
Article 5.1
Not respecting minimum ages for conductors
X
Driving periods
2.
Article 6.1
Exceed daily driving time of 9h if possibilities to extend to 10h not allowed
10h ≤ … < 11h
X
3.
11h ≤ …
X
4.
Exceed daily driving time of 9h by 50 % or more
13h30 ≤ ...
X
5.
Exceed extended daily driving time of 10h if extension allowed
11h ≤ … < 12h
X
6.
12h ≤ …
X
7.
Exceed daily driving time of 10h by 50 % or more
15h ≤ ...
X
8.
Article 6.2
Exceed weekly driving time
60h ≤ … < 65h
X
9.
65h ≤ … < 70h
X
10.
Exceed weekly driving time by 25 % or more
70h ≤ …
X
11.
Article 6.3
Exceed maximum total driving time during 2 consecutive weeks
100h ≤ … < 105h
X
12.
105h ≤ … < 112h30
X
13.
Exceed maximum total driving time during 2 consecutive weeks by 25 % or more
112h30≤ …
X
Breaks
14.
Article 7
Exceed uninterrupted driving time of 4,5 hours before taking the break
5h ≤ … < 6h
X
15.
6h ≤ …
X
Rest Periods
16.
Article 8.2
Insufficient daily rest period of less than 11h if reduced daily rest period not allowed
8h30 ≤ … < 10h
X
17.
… < 8h30
X
18.
Insufficient reduced daily rest period of less than 9h if reduce allowed
7h ≤ … < 8h
X
19.
… < 7h
X
20.
Insufficient split daily rest period of less than 3h + 9h
3h + [7h ≤ … < 8h]
X
21.
3h + [… < 7h]
X
22.
Article 8.5
Insufficient daily rest period of less than 9h for multi-manning
7h ≤ … < 8h
X
23.
… < 7h
X
24.
Article 8.6
Insufficient reduced weekly resting period of less than 24 h
20h ≤ … < 22h
X
25.
… < 20h
X
26.
Insufficient weekly resting period of less than 45 h if reduced weekly resting period not allowed
36h ≤ … < 42h
X
27.
… < 36h
X
28
Article 8.6
Exceeding 6 consecutive 24-hour periods following the previous weekly rest period
3h ≤ … < 12h
X
28A.
12h ≤ ...
X
28B.
Article 8.6b
No compensation rest for two consecutive reduced weekly rest periods
X
28C.
Article 8.8
Regular weekly rest period or any weekly rest period of more than 45 hours taken in a vehicle
X
28D.
Article 8.8
The employer not covering costs for accommodation outside the vehicle
X
...
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Work organisation
A32 .
Article 8.8a
Transport undertaking not organising the work of drivers in such a way that the drivers are able to return to the employer’s operational centre, or to return to the drivers’ place of residence
X
32.
Article 10.1
Link between wage or payment and one or more of—
distance travelled;
speed of delivery;
amount of goods carried
X
33.
Article 10.2
No or improper organisation of driver's work, no or improper instructions given to driver enabling him to comply with the law
X

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Source: https://www.legislation.gov.uk/eur/2016/403/annex/I/division/Categorisation/division/1 (the official version)
Page: https://openlegislation.uk/eu-regulation-2016-403/annex-I/division-Categorisation/division-1
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.