CHAPTER IIILIABILITY OF TRANSPORT UNDERTAKINGS

Article 10

F11.

A transport undertaking shall not give drivers it employs or who are put at its disposal any payment, even in the form of a bonus or wage supplement, related to distances travelled, the speed of delivery and/or the amount of goods carried if that payment is of such a kind as to endanger road safety and/or encourages infringement of this Regulation.

2.

A transport undertaking shall organise the work of drivers referred to in paragraph 1 in such a way that the drivers are able to comply with F2Regulation (EU) No 165/2014 and Chapter II of this Regulation. The transport undertaking shall properly instruct the driver and shall make regular checks to ensure that Regulation (EEC) No 3821/85 and Chapter II of this Regulation are complied with.

F33.

A transport undertaking, whether established in the United Kingdom, a member State, or another country or territory, shall be liable for infringements committed by drivers of the undertaking, even if the infringement was committed on a territory other than the territory in which it is established. Liability is conditional on the transport undertaking’s infringement of paragraphs 1 and 2. Evidence that the transport undertaking cannot reasonably be held responsible for the infringement committed can be considered.

4.

Undertakings, consignors, freight forwarders, tour operators, principal contractors, subcontractors and driver employment agencies shall ensure that contractually agreed transport time schedules respect this Regulation.

5.

(a)

A transport undertaking which uses vehicles that are fitted with recording equipment complying with Annex IB of F4Regulation (EU) No 165/2014 and that fall within the scope of this Regulation, shall:

  1. (i)

    ensure that all data are downloaded from the vehicle unit and driver card F5in accordance with sections 97D and 97E of the Transport Act 1968 or regulations 6B and 6C of the Passenger and Goods Vehicles (Recording Equipment) Regulations (Northern Ireland) 1996 (as applicable);

  2. (ii)

    ensure that all data downloaded from both the vehicle unit and driver card are kept for at least 12 months following recording and, should an inspecting officer request it, such data are accessible, either directly or remotely, from the premises of the undertaking;

(b)

for the purposes of this paragraph ‘downloaded’ F6means copied, together with the digital signature, from a part, or from a complete set, of data files recorded in the data memory of the vehicle unit or in the memory of a tachograph card, provided that this process does not alter or delete any stored data;

F7(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .