http://www.legislation.gov.uk/id/eur/2016/403

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)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC1, and in particular Article 6(2) thereof,

Having regard to Directive 2006/22/EC of the European Parliament and of the Council of 15 March 2006 on minimum conditions for the implementation of Council Regulations (EEC) No 3820/85 and (EEC) No 3821/85 concerning social legislation relating to road transport activities and repealing Council Directive 88/599/EEC2, and in particular Article 9(3) thereof,

Whereas:

(1)

The Commission is required by Article 6(2)(b) of Regulation (EC) No 1071/2009 to draw up a list of categories, types and degrees of seriousness of serious infringements of Union rules, which in addition to those set out in Annex IV to that Regulation, may lead to the loss of good repute of the road transport undertaking or the transport manager.

(2)

To this end, the Commission should define the degree of seriousness of infringements by reference to the risk of fatalities or serious injuries and should provide the frequency of occurrence beyond which repeated infringements shall be regarded as more serious.

(3)

The list of categories, types and degrees of seriousness of serious infringements to be established should contain infringements of the Union rules relating to the areas outlined in Article 6(1)(b) of Regulation (EC) No 1071/2009.

(4)

Member States should take into account information on those infringements when setting priorities for the checks targeting undertakings which are classified as posing increased risk, as required by Article 12(1) of Regulation (EC) No 1071/2009.

(5)

The measures to be adopted are necessary to ensure transparency, fairness and legal certainty in appraising the seriousness of infringements and their implications for good repute of the transport undertaking or the transport manager.

(6)

However, it is the responsibility of the Member State's competent authority to carry out a complete national administrative procedure to determine whether a loss of good repute would constitute a proportionate response in an individual case. Such a national examination procedure should include, where appropriate, checks at the premises of the undertaking concerned. In assessing the good repute Member States should consider the conduct of the undertaking, of its managers and of any other relevant person.

(7)

The harmonised categorisation of serious infringements should provide the basis for extending the national risk rating system established by each Member State pursuant to Article 9 of Directive 2006/22/EC, in order to cover all serious infringements of the Union road transport rules, indicated in Article 6(1)(b) of Regulation (EC) No 1071/2009, which may affect the good repute of the transport undertaking or the transport manager.

(8)

Article 16(2) of Regulation (EC) No 1071/2009 also provides that Member States should include those serious infringements in the national electronic register of road transport undertakings on 1 January 2016 at the latest. The harmonised categorisation of infringements is thus an important step forward ensuring fair competition between undertakings, more harmonised enforcement and an effective functioning of the European Register of Road Transport Undertaking system of exchange of information.

(9)

In the interest of transparency and fair competition a common method should be established for the calculation of a frequency of occurrence beyond which repeated infringements shall be regarded as more serious by the competent authority of the Member State of establishment. Such repeated infringements may lead to launching the national administrative procedure, which, subject to the discretion of the competent authority, may result in the loss of good repute by a transport operator.

(10)

As a general rule, the frequency should be determined by taking into account the seriousness of the infringement, the time and the average number of drivers. It shall be seen as the maximum threshold, whilst leaving Member States a possibility to apply lower thresholds, as envisaged in their national administrative procedure for assessing good repute.

(11)

To ensure the legal consistency and transparency it is also necessary to amend Annex III to Directive 2006/22/EC by changing the level of seriousness of certain infringements set out therein in accordance with the list of most serious infringements set out in Annex IV to Regulation (EC) No 1071/2009.

(12)

The list of categories, types and degrees of seriousness of serious infringements has been determined in consultation with Member States and the Union stakeholders, where the assessment of the level of seriousness has been based on best practice and experience in the enforcement of the relevant legislative provisions in Member States. The most serious infringements established in Annex IV to Regulation (EC) No 1071/2009 constituted the reference upper threshold for the assessment of the level of seriousness of other relevant infringements.

(13)

The measures provided for in this Regulation are in accordance with the opinion of the Committee on Road Transport set up by Article 18(1) of Council Regulation (EEC) No 3821/853,

HAS ADOPTED THIS REGULATION:

Article 1

1.

This Regulation establishes a common list of categories, types and degrees of serious infringements of the Union rules in the commercial road transport, as laid down in Annex I to this Regulation, which, in addition to those set out in Annex IV to Regulation (EC) No 1071/2009, may lead to the loss of good repute of a road transport operator.

2.

This Regulation provides for the maximum frequency of occurrence beyond which repeated serious infringements shall be regarded as more serious, by taking into account the number of drivers used for the transport activities managed by the transport manager, as laid down in Annex II.

3.

Member States shall take into account information on the serious infringements referred to in paragraphs 1 and 2 when carrying out the national administrative procedure on assessing good repute.

Article 2

Annex III to Directive 2006/22/EC is amended as set out in Annex III to this Regulation.

Article 3

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from 1 January 2017.

This Regulation shall be binding in its entirety and directly applicable in Member States.

Done at Brussels, 18 March 2016.

For the Commission

The President

Jean-Claude Juncker

ANNEX I

Categorisation of serious infringements(referred to in Article 1)

The following tables contain categories and types of serious infringements against the Union rules in commercial road transport, divided into three categories of seriousness according to their potential to create a risk of fatalities or serious injuries F1or of distorting competition in the road transport market, or both.

1.Groups of infringements against Regulation (EC) No 561/2006 of the European Parliament and of the Council4(Driving and resting time)

No	LEGAL BASIS	TYPE OF INFRINGEMENT		LEVEL OF SERIOUSNESS5
No	LEGAL BASIS	TYPE OF INFRINGEMENT		MSI	VSI	SI
Crew
1.	Article 5.1	Not respecting minimum ages for conductors				X
Driving periods
2.	Article 6.1	Exceed daily driving time of 9h if possibilities to extend to 10h not allowed	10h ≤ … < 11h			X
3.			11h ≤ …		X
4.		F2Exceed daily driving time of 9h by 50 % or more	13h30 ≤ ...	X
5.		Exceed extended daily driving time of 10h if extension allowed	11h ≤ … < 12h			X
6.			12h ≤ …		X
7.		F3Exceed daily driving time of 10h by 50 % or more	15h ≤ ...	X
8.	Article 6.2	Exceed weekly driving time	60h ≤ … < 65h			X
9.		Exceed weekly driving time	65h ≤ … < F470h		X
10.		Exceed weekly driving time by 25 % or more	70h ≤ …	X
11.	Article 6.3	Exceed maximum total driving time during 2 consecutive weeks	100h ≤ … < 105h			X
12.			105h ≤ … < 112h30		X
13.		Exceed maximum total driving time during 2 consecutive weeks by 25 % or more	112h30≤ …	X
Breaks
14.	Article 7	Exceed uninterrupted driving time of 4,5 hours before taking the break	5h ≤ … < 6h			X
15.	Article 7		6h ≤ …		X
Rest Periods
16.	Article 8.2	Insufficient daily rest period of less than 11h if reduced daily rest period not allowed	8h30 ≤ … < 10h			X
17.			… < 8h30		X
18.		Insufficient reduced daily rest period of less than 9h if reduce allowed	7h ≤ … < 8h			X
19.			… < 7h		X
20.		Insufficient split daily rest period of less than 3h + 9h	3h + [7h ≤ … < 8h]			X
21.		Insufficient split daily rest period of less than 3h + 9h	3h + [… < 7h]		X
22.	Article 8.5	Insufficient daily rest period of less than 9h for multi-manning	7h ≤ … < 8h			X
23.	Article 8.5		… < 7h		X
24.	Article 8.6	Insufficient reduced weekly resting period of less than 24 h	20h ≤ … < 22h			X
25.			… < 20h		X
26.		Insufficient weekly resting period of less than 45 h if reduced weekly resting period not allowed	36h ≤ … < 42h			X
27.			… < 36h		X
F528	Article 8.6	Exceeding 6 consecutive 24-hour periods following the previous weekly rest period	3h ≤ … < 12h			X
28A.	Article 8.6		12h ≤ ...		X
28B.	Article 8.6b	No compensation rest for two consecutive reduced weekly rest periods			X
28C.	Article 8.8	Regular weekly rest period or any weekly rest period of more than 45 hours taken in a vehicle			X
28D.	Article 8.8	The employer not covering costs for accommodation outside the vehicle				X
F6...
F7. . ..	F7. . .	F7. . .	F7. . .		F7. . .	F7. . .
Work organisation
F8A32 .	Article 8.8a	Transport undertaking not organising the work of drivers in such a way that the drivers are able to return to the employer’s operational centre, or to return to the drivers’ place of residence			X
32.	Article 10.1	Link between wage or payment and one or more of— distance travelled; speed of delivery; amount of goods carried			X
33.	Article 10.2	No or improper organisation of driver's work, no or improper instructions given to driver enabling him to comply with the law			X

MSI = most serious infringements/VSI = very serious infringement/SI = serious infringement.

2.Groups of infringements against Regulation (EU) No 165/2014 of the European Parliament and of the Council6(Tachograph)

No	LEGAL BASIS	TYPE OF INFRINGEMENTS	LEVEL OF SERIOUSNESS
No	LEGAL BASIS	TYPE OF INFRINGEMENTS	MSI	VSI	SI
Installation of tachograph
F91.	Article 3.1, 1za, 1a and 1b and Article 22	Not having type-approved tachograph installed and used	X
Use of tachograph, driver card or record sheet
2.	Article 23.1	Using a tachograph not inspected by an approved workshop		X
3.	Article 27	Driver holding and/or using more than one own driver card		X
4.		Driving with a driver card that has been falsified (considered as driving without driver card)	X
5.		Driving with a driver card of which the driver is not the holder (considered as driving without driver card)	X
6.		Driving with a driver card which has been obtained on the basis of false declarations and/or forged documents (considered as driving without driver card)	X
7.	Article 32.1	Tachograph not correctly functioning (e.g.: tachograph not properly inspected, calibrated and sealed)		X
8.	Article 32.1 and Article 33.1	Tachograph improperly used (e.g.: deliberate, voluntary or imposed misuse, lack of instructions on correct use, etc.)		X
9.	Article 32.3	F10Having in the vehicle or using a fraudulent device able to modify the records of the tachograph	X
10.	Article 32.3	Falsifying, concealing, supressing or destroying data recorded on the record sheets or stored and downloaded from the tachograph and/or the driver card	X
11.	Article 33.2	Undertaking not keeping record sheets, printouts and downloaded data		X
12.	Article 33.2	Recorded and stored data not available for at least a year		X
13.	Article 34.1	Incorrect use of record sheets/driver card		X
14.		Unauthorised withdrawal of record sheets or driver card which has an impact on the record of relevant data		X
15.		Record sheet or driver card used to cover a period longer than that for which it is intended and data is lost		X
16.	Article 34.2	Use dirty or damaged record sheets or drivers card and data not legible		X
17.	Article 34.3	Not using manual input when required to do so		X
18.	Article 34.4	Not using correct record sheet or driver card not in the correct slot (multi-manning)			X
19.	Article 34.5	Incorrect use of switch mechanism		X
Producing information
F11A20.	Article 34.5, point (b)(v)	Incorrect use or non-use of the ferry/train sign			X
B20.	Article 34.6	Required information not entered on the record sheet		X
C20.	Article 34.7	Records not showing the symbols of the countries whose borders were crossed by the driver during the daily working period			X
D20.	Article 34.7	Records not showing the symbols of the countries where the driver’s daily working period started and finished			X
20.	Article 36	Refusing to be checked		X
F12. . .	F12. . .	F12. . .		F12. . .
23.	Article 36	F13Unable to produce manual records and printouts made during the current day and the previous 28 days or 56 days, whichever is applicable		X
24.	Article 36	Unable to produce a driver card, if the driver holds one		X
Malfunctioning
25.	Article 37.1 and Article 22.1	Tachograph not repaired by an approved fitter or workshop		X
26.	Article 37.2	Driver not marking all required information for the periods of time which are no longer recorded while tachograph is unserviceable or malfunctioning		X

3.Groups of infringements against Directive 2002/15/EC of the European Parliament and of the Council7(Working time rules)

No	LEGAL BASIS	TYPE OF INFRINGEMENT		LEVEL OF SERIOUSNESS
No	LEGAL BASIS	TYPE OF INFRINGEMENT		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.	Article 7.1		13h ≤ …		X
Records
11.	Article 9	Employers falsifying working time records or refusing to provide records to inspection officer			X
12.	Article 9	Employed/self-employed drivers falsifying records or refusing to provide records to inspection officer			X

4.Groups of infringements against Council Directive 96/53/EC8(Weight and dimension rules)

No	LEGAL BASIS	TYPE OF INFRINGEMENT		LEVEL OF SERIOUSNESS
No	LEGAL BASIS	TYPE OF INFRINGEMENT		MSI	VSI	SI
Weights
1.	Article 1	Exceed maximum permissible weight for N3 vehicles	5 % ≤ … < 10 %			X
2.			10 % ≤ … < 20 %		X
3.			20 % ≤ …	X
4.		Exceed maximum permissible weight for N2 vehicles	5 % ≤ … < 15 %			X
5.			15 % ≤ … < 25 %		X
6.			25 % ≤ …	X
Lengths
7.	Article 1	Exceed maximum permissible length	2 % < … < 20 %			X
8.	Article 1	Exceed maximum permissible length	20 % ≤ …		X
Width
9.	Article 1	Exceed maximum permissible width	2,65 ≤ … < 3,10 metres			X
10.	Article 1	Exceed maximum permissible width	3,10 metres ≤ …		X

5.Groups of infringements against Directive 2014/45/EU of the European Parliament and of the Council9(Periodic roadworthiness tests) and Directive 2014/47/EU of the European Parliament and of the Council10(Technical roadside inspection)

No	LEGAL BASIS	TYPE OF INFRINGEMENT	LEVEL OF SERIOUSNESS
No	LEGAL BASIS	TYPE OF INFRINGEMENT	MSI	VSI	SI
Roadworthiness
1.	Article 8 and 10 Directive 2014/45/EU and Article 7.1 of Directive 2014/47/EU	Driving without a valid proof of roadworthiness tests passed, as required by the EU law	X
2.	Article 12.2 of Directive 2014/47/EU	Not keeping a vehicle in a safe and roadworthy condition resulting in a very serious deficiency of the braking system, the steering linkages, the wheels/tires, the suspension or chassis or other equipment that would create such an immediate risk to road safety that it leads to a decision to immobilise the vehicle	X

Directive 2014/47/EU on technical roadside inspection of the roadworthiness of commercial vehicles contains in its Annex II a detailed classification of technical deficiencies divided, according to their level of severity, into minor, major and dangerous deficiencies. Article 12.2 of this Directive provides for the following definitions:

(a)
minor deficiencies having no significant effect on the safety of the vehicle or impact on the environment, and other minor non-compliances;
(b)
major deficiencies that may prejudice the safety of the vehicle or have an impact on the environment or put other road users at risk, or other more significant non-compliances;
(c)
dangerous deficiencies constituting a direct and immediate risk to road safety or having an impact on the environment.

The level of infringements against the provisions of the roadworthiness directives shall reflect the classification of deficiencies contained in Annex II of Directive 2014/47/EU, namely: SI = major deficiencies; VSI = dangerous deficiencies; MSI = driving with deficiencies, which creates immediate risk to road safety. Minor deficiencies would be equal to the level of minor infringements.

6.Groups of infringements against Council Directive 92/6/EEC11(Speed limitation devices)

No	LEGAL BASIS	TYPE OF INFRINGEMENTS	LEVEL OF SERIOUSNESS
No	LEGAL BASIS	TYPE OF INFRINGEMENTS	MSI	VSI	SI
1.	Article 2 and 3	Speed limitation device not fitted	X
2.	Article 5	Speed limitation device not satisfying the applicable technical requirements		X
3.	Article 5	Speed limitation device not fitted by an approved workshop			X
4.		F14Having or using a fraudulent device able to falsify data of speed limitation device or F15having or using a fraudulent speed limitation device	X

7.Groups of infringements against Directive 2003/59/EC of the European Parliament and of the Council12(Initial qualification and periodic training of drivers)

No	LEGAL BASIS	TYPE OF INFRINGEMENTS	LEVEL OF SERIOUSNESS
No	LEGAL BASIS	TYPE OF INFRINGEMENTS	MSI	VSI	SI
Training and licence
1.	Article 3	Carrying goods or passengers without a compulsory initial qualification and/or compulsory periodic training		X
2.	Article 10 and Annex II	Driver unable to present the valid qualification card or the driving licence with the marking, as required by the national law (e.g.: lost, forgotten, damaged, unreadable)			X

8.Groups of infringements against Directive 2006/126/EC of the European Parliament and of the Council13(Driving licences requirements)

No	LEGAL BASIS	TYPE OF INFRINGEMENTS	LEVEL OF SERIOUSNESS
MSI	VSI	SI
1.	Articles 1 and 4 of Directive 2006/126/EC	Carrying passengers or goods without holding a valid driving licence	X
2.	Article 1 Annex I	Using a driving licence which is damaged or unreadable or not in line with common model		X

LEGAL BASIS

TYPE OF INFRINGEMENTS

LEVEL OF SERIOUSNESS

MSI

VSI

Articles 1 and 4 of Directive 2006/126/EC

Carrying passengers or goods without holding a valid driving licence

Article 1

Annex I

Using a driving licence which is damaged or unreadable or not in line with common model

9.Groups of infringements against Directive 2008/68/EC of the European Parliament and of the Council14(Transport of dangerous goods by road)

No	LEGAL BASIS	TYPE OF INFRINGEMENTS	LEVEL OF SERIOUSNESS
No	LEGAL BASIS	TYPE OF INFRINGEMENTS	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/EC15, adapting Council Directive 95/50/EC16 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.

10.Groups of infringements against Regulation (EC) No 1072/2009 of the European Parliament and of the Council17(Access to the international road haulage market)

F16No	LEGAL BASIS	TYPE OF INFRINGEMENT	LEVEL OF SERIOUSNESS
F16No	LEGAL BASIS	TYPE OF INFRINGEMENT	MSI	VSI	SI
UK licence for the Community or Community licence
1.	Article 3 and Article 8.1	Carrying goods without holding a valid UK licence for the Community or Community licence issued by a Member State (i.e. a UK licence for the Community or Community licence issued by a Member State is non-existent, falsified, withdrawn, expired, etc.)	X
2.	Article 4	The haulage undertaking or the driver unable to present a valid UK licence for the Community or a valid certified true copy of such a licence to the inspecting officer (i.e.: UK licence for the Community or certified true copy thereof lost, forgotten, damaged, etc.)		X
Driver attestation or EU driver attestation
3.	Article 3 and Article 8.1	Carrying goods without holding a valid driver attestation or a valid EU driver attestation (i.e. driver attestation or EU driver attestation is non-existent, falsified; withdrawn, expired, etc.)		X
4.	Article 5	The driver or the haulage undertaking unable to present a valid EU driver attestation or a valid certified true copy of the EU driver attestation to the inspecting officer (i.e. EU driver attestation or certified true copy of the EU driver attestation lost, forgotten, damaged, etc.)			X
Cabotage
5.	Article 9	Carrying out a cabotage operation not in compliance with the laws, regulations and administrative provisions in force in the United Kingdom		X

F1711.Groups of infringements against Regulation (EC) No 1073/2009 of the European Parliament and of the Council18(Access to the market for coach and bus services)

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

12.Groups of infringements against Council Regulation (EC) No 1/200519(Animal transport)

No	LEGAL BASIS	TYPE OF INFRINGEMENTS	LEVEL OF SERIOUSNESS
No	LEGAL BASIS	TYPE OF INFRINGEMENTS	MSI	VSI	SI
1.	Annex I, Chapter II,	Partitions are not strong enough to withstand the weight of animals		X
2.	Annex I, Chapter III	Using loading or unloading ramps that has slippery surfaces, that lack lateral protections or that are too steep			X
3.	Annex I, Chapter III	Using lifting platforms or upper floors that do not have safety barriers preventing animals from falling or escaping during loading and unloading operations			X
4.	Article 7	Means of transport not approved for long journeys, or not approved for the type of animals being transported.			X
5.	Article 4, 5 and 6	Transporting without valid required documentation, journey log or transporter authorisation or certificate of competence			X

F1813.Infringement against Regulation (EC) No 593/2008 of the European Parliament and of the Council 12 (law applicable to contractual obligations)

No	LEGAL BASIS	TYPE OF INFRINGEMENT	LEVEL OF SERIOUSNESS
			MSI	VSI	SI
1.	Regulation (EC) No 593/2008	Violation of the law applicable to contractual obligations		X

14. Groups of infringements against obligations under the Trade and Cooperation Agreement between the United Kingdom of Great Britain and Northern Ireland, of the one part, and the European Union and the European Atomic Energy Community, of the other part entered into on 30th December 2020 13

No.	LEGAL BASIS	TYPE OF INFRINGEMENT	LEVEL OF SERIOUSNESS
No.	LEGAL BASIS	TYPE OF INFRINGEMENT	MSI	VSI	SI
1.	Article 462, paragraphs 3 to 7	Failure to comply with the limitations on the number of journeys		X
2.	Article 463(3)	The haulage undertaking or the driver unable to present a valid Community licence or a valid certified true copy of such a licence to the inspecting officer (i.e. Community licence or certified true copy thereof lost, forgotten, damaged, etc.)		X
Section 2 of Part A of Annex 31
3.	Article 6(1), point (a)	Incomplete information on the posting declaration			X
4.	Article 6(1), point (b)	Failure to submit a posting declaration to the country to which the driver is posted no later than the commencement of the posting		X
5.	Article 6(1), point (b)	Falsified posting declaration for drivers		X
6.	Article 6(1), point (b)	Impossibility of the driver to present a valid posting declaration		X
7.	Article 6(1), point (b)	Failure to put at the disposal of the driver a valid posting declaration		X
8.	Article 6(1), second subparagraph	Failure to submit the requested documents to the host country within eight weeks from the date of the request		X
9.	Article 6(4)	Failure of the operator to keep the posting declaration up to date in the public interface connected to IMI			X

ANNEX IIFrequency of occurrence of serious infringements

1.The serious (SI) and very serious (VSI) infringements listed in Annex I, when committed repeatedly shall be regarded as more serious by the competent authority F19.... When calculating the frequency of occurrence of repeated infringements F20the competent authority shall take into account the following factors:

(a)
seriousness of infringement (SI or VSI);
(b)
time (at least one rolling year from the date of a control);
(c)
number of F21vehicles used for the transport activities managed by the transport manager (average per year)

2.Taking into account the potential of creating a risk to road safety the maximum frequency of serious infringements beyond which they should be considered as more serious shall be established as follows:

3 SI/per F22vehicle/per year
1 VSI
3 VSI/per F22vehicle/per year
launch of a national procedure on good repute

3.

The number of infringements per F23vehicle per year is an average figure calculated by dividing the total number of all infringements of the same level of seriousness (SI or VSI) by the average number of F24vehicles used during the year. The frequency formula provides for a maximum threshold for occurrence of serious infringements beyond which they shall be considered more serious. F25The competent authority may establish stricter thresholds if envisaged in F26the national administrative procedure for assessing good repute.

F27ANNEX III

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