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Enforcement

The control of compliance with the social legislation by Member States’ competent authorities is governed by Directive 2006/22/EC , as amended by Directive 2009/4/EC and Directive 2009/5/EC . It determines the minimum level of enforcement required to ensure compliance with the rules set out in Regulation (EC) 561/2006 (driving times and rest periods) and Regulation (EEC) 3821/85 (tachograph) .

These rules include in particular checks on at least 3% of the total days worked, which could be increased to 4% in 2012 by the Commission. The minimum number of joint checks between Member State enforcement authorities is 6 per year. Coordination and cooperation between enforcement bodies is strengthened through joint training programmes, standard equipment levels and the establishment of electronic information and intelligence exchange systems.

Enhanced harmonization of enforcement practices

The Commission Implementing Decision C(2011) 3759, adopted in accordance with Article 25(2) of the driving times Regulation (EC) No 561/2006, provides for a common approach to calculating driving times in cases where insufficient rest has been taken. The purpose of establishing this common calculation method is to enable enforcement authorities to make uniform decisions on the number and gravity of infringements committed by drivers by failing to comply with their rest period obligation. It does, however, not provide for any tolerance as to non-compliance with rest periods requirements, as specified in Article 8 of Regulation (EC) No 561/2006, which shall always be regarded as an infringement and sanctioned accordingly. This common approach shall enable to avoid the situations where drivers are penalized differently and disproportionately for the same records in different Member States.

 

New measures to prevent fraud of the tachograph

In order to prevent the threat posed by the installation of devices intended to defraud the digital tachograph system, the Commission adopted a package of measures български (bg)czech (cs)dansk (da)Deutsch (de)eesti (et)ελληνικά (el)español (es)Français (fr)Gaeilge (ga)italiano (it)latviešu (lv)lietuvių (lt)magyar (hu)Malti (mt)Nederlands (nl)polski (pl)português (pt)română (ro)slovenčina (sk)slovenščina (sl)suomi (fi)svenska (sv) This included:

  • Directive 2009/4/EC amending Annex I (Checks) and Annex II (Standard equipment to be available to enforcement units) of Directive 2006/22/EC
  • Directive 2009/5/EC amending Annex III (Infringements) of Directive 2006/22/EC to provide a much more detailed list of infringements and their categorisation according to their gravity
  • Commission Recommendation C (2009) 108 , providing guidelines for best enforcement practice on countermeasures to detect and prevent the use of manipulation devices 

According to Article 7 of Directive 2006/22/EC Member Sates are also obliged to designate a body for intracommunity liaison and to notify it to the Commission.

Full contact details of the bodies for intracommunity liaison in the various Member States pdf - 213 KB [213 KB]  (updated November 2012)

The designation of these bodies is of key importance to ensure efficiency and transparency of communication and cooperation between Member States and the Commission as well as amongst Member States themselves in matters relating to implementation of social rules in road transport established by Regulation (EC) No 561/2006 and enforced by Directive 2006/22/EC.

The tasks of these bodies include:

  • coordination of activities as regards undertaking concerted roadside checks;
  • forwarding biennial statistical returns to the Commission;
  • assisting competent enforcement authorities of Member States in collecting necessary lacking data for roadside checks;
  • promoting exchange of data, of experience and of intelligence between Member States;
  • the body shall also be represented on the Committee established under the Directive.

These bodies are also the contact points for queries of interested parties in the respective Member States with regard to the implementation of the social rules in road transport.

Risk rating system

Article 9 of Directive 2006/22/EC requires Member States to introduce a risk rating system for undertakings based on the number and severity of infringements committed by individual undertakings. The overall aim of this system is to increase checks on undertakings with a poor record concerning the compliance with the driving time.

The Commission, through Commission Directive 2009/5/EC, has already developed guidelines on a common range of infringements, divided into categories according to their gravity.

Enhanced harmonization of enforcement practices

The Commission Implementing Decision C(2011) 3759, adopted in accordance with Article 25(2) of the driving times Regulation (EC) No 561/2006, provides for a common approach to calculating driving times in cases where insufficient rest has been taken. The purpose of establishing this common calculation method is to enable enforcement authorities to make uniform decisions on the number and gravity of infringements committed by drivers by failing to comply with their rest period obligation. It does, however, not provide for any tolerance as to non-compliance with rest periods requirements, as specified in Article 8 of Regulation (EC) No 561/2006, which shall always be regarded as an infringement and sanctioned accordingly. This common approach shall enable to avoid the situations where drivers are penalized differently and disproportionately for the same records in different Member States.

Implementing Decision C(2011) 3759 pdf - 19 KB [19 KB] български (bg)čeština (cs)dansk (da)Deutsch (de)eesti keel (et)ελληνικά (el)español (es)français (fr)italiano (it)latviešu valoda (lv)lietuvių kalba (lt)magyar (hu)Malti (mt)Nederlands (nl)polski (pl)português (pt)română (ro)slovenčina (sk)slovenščina (sl)suomi (fi)svenska (sv)

TRACE explanatory text

The explanatory text pdf - 4 MB [4 MB] български (bg)čeština (cs)dansk (da)Deutsch (de)eesti keel (et)ελληνικά (el)español (es)français (fr)italiano (it)latviešu valoda (lv)lietuvių kalba (lt)magyar (hu)Malti (mt)Nederlands (nl)polski (pl)português (pt)română (ro)slovenčina (sk)slovenščina (sl)suomi (fi)svenska (sv) reflects the TRACE project team's views on the application and implementation of a number of provisions of Regulation (EC) No 561/2006 establishing rules on driving times, breaks and rest periods of professional drivers. TRACE stands for Transport Regulators Align Control Enforcement. It is an EU co-financed project aiming at development of a European harmonized training format for enforcers controlling the respect of the above mentioned rules. The document is one of the project’s main outputs. It contains simplified explanations and guidance on the application of the Regulation’s main provisions and may serve as a basis for the continuous training of control officers in all EU countries. It should be noted that, in any event, interpretation of European Union law is ultimately the prerogative of the European Court of Justice.