# 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 3: Groups of infringements against Directive 2002/15/EC of the European Parliament and of the Council(Working time rules)

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

No
LEGAL BASIS
TYPE OF INFRINGEMENT
LEVEL OF SERIOUSNESS
MSI
VSI
SI
Maximum weekly working time
1.
Article 4
Exceeding maximum weekly working time of 48h if possibilities to extend to 60h already consumed
56h ≤ … 60h
X
2.
60h ≤ …
X
3.
Exceeding maximum weekly working time of 60h if no derogation under Article 8 granted
65 ≤ … < 70h
X
4.
70h ≤ …
X
Breaks
5.
Article 5.1
Insufficient obligatory break taken when working time between 6 and 9 hours
10 < … ≤ 20 min
X
6.
… ≤ 10 min
X
7.
Insufficient obligatory break taken when working time over 9 hours
20 < … ≤ 30min
X
8.
… ≤ 20 min
X
Night work
9.
Article 7.1
Daily working time in each 24h when night work performed if no derogation under Article 8 granted
11h ≤ … < 13h
X
10.
13h ≤ …
X
Records
11.
Article 9
Employers falsifying working time records or refusing to provide records to inspection officer
X
12.
Employed/self-employed drivers falsifying records or refusing to provide records to inspection officer
X

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Source: https://www.legislation.gov.uk/eur/2016/403/annex/I/division/Categorisation/division/3 (the official version)
Page: https://openlegislation.uk/eu-regulation-2016-403/annex-I/division-Categorisation/division-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.