Commission Directive 2009/5/ECShow full title

ANNEX

“‘ANNEX III Infringements

In accordance with Article 9(3), the following table contains guidelines on a common range of infringements against Regulation (EC) No 561/2006 and Regulation (EEC) No 3821/85, divided into categories according to their gravity.

1.

Groups of infringements against Regulation (EC) No 561/2006

a VSI = Very Serious Infringement/SI = Serious Infringement/MI = Minor Infringement.
No	Legal basis	Type of infringement		Level of seriousnessa
				VSI	SI	MI
A	Crew
A1	Art. 5.1	Not respecting minimum ages for drivers			X
B	Driving periods
B1	Art. 6.1	Exceed daily driving time of 9 h if possibilities to extend to 10 h not allowed	9 h<…<10 h			X
B2			10 h<…<11 h		X
B3			11 h<…	X
B4		Exceed extended daily driving time of 10 h if extension allowed	10 h<…<11 h			X
B5			11 h<…<12 h		X
B6			12 h<…	X
B7	Art. 6.2	Exceed weekly driving time	56 h<…<60 h			X
B8			60 h<…<70 h		X
B9			70 h<…	X
B10	Art. 6.3	Exceed accumulated driving time during 2 consecutive weeks	90 h<…<100 h			X
B11			100 h<…<112 h 30		X
B12			112 h 30<…	X
C	Breaks
C1	Art. 7	Exceed uninterrupted driving time	4 h 30<…<5 h			X
C2			5 h<…<6 h		X
C3			6 h<…	X
D	Rest periods
D1	Art. 8.2	Insufficient daily rest period of less than 11 h if reduced daily rest period not allowed	10 h<…<11 h			X
D2			8 h 30<…<10 h		X
D3			…<8 h 30	X
D4		Insufficient reduced daily rest period of less than 9 h if reduce allowed	8 h<…<9 h			X
D5			7 h<…<8 h		X
D6			…<7 h	X
D7		Insufficient split daily rest period of less than 3 h+9 h	3 h+(8 h<…<9 h)			X
D8			3 h+(7 h<…<8 h)		X
D9			3 h+(…<7 h)	X
D10	Art. 8.5	Insufficient daily rest period of less than 9 h for multi-manning	8 h<…<9 h			X
D11			7 h<…<8 h		X
D12			…<7 h	X
D13	Art. 8.6	Insufficient reduced weekly resting period of less than 24 h	22 h<…<24 h			X
D14			20 h<…<22 h		X
D15			…<20 h	X
D16		Insufficient weekly resting period of less than 45 h if reduced weekly resting period not allowed	42 h<…<45 h			X
D17			36 h<…<42 h		X
D18			…<36 h	X
E	Types of payment
E1	Art. 10.1	Link between wage and distance travelled or amount of goods carried		X

2.

Groups of infringements against Regulation (EEC) No 3821/85

a VSI = Very Serious Infringement/SI = Serious Infringement/MI = Minor Infringement.’”
No	Legal basis	Type of infringements	Level of seriousnessa
			VSI	SI	MI
F	Installation of recording equipment
F1	Art. 3.1	No type approved recording equipment installed and used	X
G	Use of recording equipment, driver card or record sheet
G1	Art. 13	Recording equipment not correctly functioning (for example: recording equipment not properly inspected, calibrated and sealed)	X
G2		Recording equipment improperly used (not using a valid driver card, voluntary abuse, …)	X
G3	Art. 14.1	Not carrying a sufficient number of record sheets		X
G4		Model of record sheet not approved		X
G5		Not carrying enough paper for printouts			X
G6	Art. 14.2	Undertaking not keeping record sheets, printouts and downloaded data	X
G7	Art. 14.4	Driver holding more than one valid driver card	X
G8	Art. 14.4	Use of driver card which is not the driver’s own valid card	X
G9	Art. 14.4	Use of defective or expired driver card	X
G10	Art. 14.5	Recorded and stored data not available for at least 365 days	X
G11	Art. 15.1	Use dirty or damaged sheets or driver cards and data legible			X
G12		Use dirty or damaged sheets or driver cards and data not legible	X
G13		Failure to apply for replacement of damaged, malfunctioning, lost or stolen driver card within 7 calendar days		X
G14	Art. 15.2	Incorrect use of record sheets/driver cards	X
G15		Unauthorised withdrawal of sheets or driver card which has an impact on the record of relevant data	X
G16		Unauthorised withdrawal of sheets or driver card without any impact on data recorded			X
G17		Record sheet or driver card used to cover a period longer than that for which it is intended but no data is lost			X
G18		Record sheet or driver card used to cover a period longer than that for which it is intended and data is lost	X
G19		Not using manual input when required to do so	X
G20		Not using correct sheet or driver card not in the correct slot (multi-manning)	X
G21	Art. 15.3	Time recorded on the sheet does not agree with official time of country of registration of the vehicle		X
G22		Incorrect use of switch mechanism	X
H	Fill in information
H1	Art. 15.5	Surname missing on record sheet	X
H2		First name missing on record sheet	X
H3		Date of begin or end of use of the sheet missing		X
H4		Place of begin or end of use of the sheet missing			X
H5		Registration number missing on record sheet			X
H6		Odometer reading (start) missing on record sheet		X
H7		Odometer reading (end) missing on record sheet			X
H8		Time of change of vehicle missing on record sheet			X
H9	Art. 15.5a	Symbol of country not entered in recording equipment			X
I	Producing information
I1	Art. 15.7	Refuse to be checked	X
I2	Art. 15.7	Unable to produce records of current day	X
I3		Unable to produce records of previous 28 days	X
I4		Unable to produce records of the driver card if the driver holds one	X
I5		Unable to produce manual records and printouts made during the current week and the previous 28 days	X
I6		Unable to produce driver card	X
I7		Unable to produce print outs made during the current week and the previous 28 days	X
J	Fraud
J1	Art. 15.8	Falsify, suppress, destroy data recorded on record sheets, stored in the recording equipment or on the driver card or print-outs from the recording equipment	X
J2		Manipulation of recording equipment, record sheet or driver card which may result in data and/or printouts information being falsified	X
J3		Manipulation device that could be used to falsify data and/or printouts information present on vehicle (switch/wire …)	X
K	Breakdown
K1	Art. 16.1	Not repaired by an approved fitter or workshop	X
K2		Not repaired en route		X
L	Manual input on printouts
L1	Art. 16.2	Driver not marking all information for the periods of time which are no longer recorded while recording equipment is unserviceable or malfunctioning	X
L2		Driver card number and/or name and/or driving licence number missing on temporary sheet	X
L3		Signature missing on temporary sheet		X
L4	Art. 16.3	Lost or theft of driver card not formally declared to the competent authorities of the Member State where the theft occurred	X