# 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 9: Groups of infringements against Directive 2008/68/EC of the European Parliament and of the Council(Transport of dangerous goods by road)

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

No
LEGAL BASIS
TYPE OF INFRINGEMENTS
LEVEL OF SERIOUSNESS
MSI
VSI
SI
1.
Annex I, Section I.1 to Directive 2008/68/EC
Transporting dangerous goods that are prohibited for transport
X
2.
Transporting dangerous goods in a prohibited or non-approved means of containment, thus endangering lives or the environment to such extent that it leads to a decision to immobilise the vehicle
X
3.
Transporting dangerous goods without identifying them on the vehicle as dangerous goods, thus endangering lives or the environment to such extent that it leads to a decision to immobilise the vehicle
X
4.
Leakage of dangerous substances
X
5.
Carriage in bulk in a container which is not structurally serviceable
X
6.
Carriage in a vehicle without an appropriate certificate of approval
X
7.
Vehicle no longer complies with the approval standards and presents an immediate danger
X
8.
The rules governing the securing and stowage of the load have not been complied with
X
9.
The rules governing mixed loading of packages have not been complied with
X
10.
The provisions limiting the quantities carried in one transport unit have not been complied with, including permissible degrees of filling tanks or packages;
X
11.
Information relevant to the substance being carried enabling determination of level of seriousness of offence is missing (e.g. UN number, proper shipping name, packing group)
X
12.
Driver does not hold a valid vocational training certificate
X
13.
Fire or an unprotected light is being used
X
14.
The ban on smoking is not being observed.
X
15.
The vehicle is not properly supervised or parked
X
16.
The transport unit comprises more than one trailer/semi-trailer
X
17.
Vehicle no longer complies with the approval standards but does not present an immediate danger
X
18.
The vehicle is not carrying operational fire extinguishers as required
X
19.
The vehicle does not carry the equipment required in the ADR or in the instructions in writing
X
20.
Packages with damaged packaging, IBCs or large packaging or damaged uncleaned empty packaging are being carried
X
21.
Carriage of packaged goods in a container which is not structurally serviceable
X
22.
Tanks/tank containers (including ones that are empty and uncleaned) have not been closed properly
X
23.
Incorrect labelling, marking or placarding on the vehicle and/or containment
X
24.
There are no instructions in writing conforming to the ADR, or the instructions in writing are not relevant to the goods carried
X
Commission Directive 2004/112/EC, adapting Council Directive 95/50/EC on uniform procedures for checks on the transport of dangerous goods by road, contains in its Annex II a detailed classification of infringements against the relevant provisions, divided, according to their level of severity, into three risk categories: risk category I, risk category II, risk category III.
The level of infringements against the provisions shall reflect the risk categories provided in Annex II to Directive 2004/112/EC, in such a way that risk category I = VSI (except those infringements which are already defined as MSI in Annex IV to Regulation (EC) No 1071/2009); risk category II = SI. Risk category III is equal to the level of minor infringement.
This table covers only those infringements for which a carrier shall be held fully or partially liable. The level of liability of a carrier for the infringement shall be assessed in accordance with the Member State's national enforcement procedure.

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Source: https://www.legislation.gov.uk/eur/2016/403/annex/I/division/Categorisation/division/9 (the official version)
Page: https://openlegislation.uk/eu-regulation-2016-403/annex-I/division-Categorisation/division-9
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.