Commission Directive 2009/5/EC of 30 January 2009 amending Annex III to Directive 2006/22/EC of the European Parliament and of the Council on minimum conditions for the implementation of Council Regulations (EEC) Nos 3820/85 and 3821/85 concerning social legislation relating to road transport activities (Text with EEA relevance)

Article 2

1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 2009 at the latest. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

ANNEX

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
No
Legal basis
Type of infringement
Level of seriousness  ( *1 )
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
No
Legal basis
Type of infringements
Level of seriousness  ( *2 )
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
( *1 )   VSI = Very Serious Infringement/SI = Serious Infringement/MI = Minor Infringement.
( *2 )   VSI = Very Serious Infringement/SI = Serious Infringement/MI = Minor Infringement.’

Schedules & Appendices

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