Commission Delegated Directive (EU) 2024/846 of 14 March 2024 amending Directive 2006/22/EC of the European Parliament and of the Council on minimum conditions for the implementation of Regulations (EC) No 561/2006 and (EU) No 165/2014 and Directive 2002/15/EC as regards social legislation relating to road transport activities

ANNEX
ANNEX
Annex III to Directive 2006/22/EC is replaced by the following:
‘ANNEX III
1 .    Groups of infringements against Regulation of the European Parliament and of the Council (EC) No 561/2006
( *1 )
(Driving and resting time)
No
EU LEGAL BASIS
TYPE OF INFRINGEMENT
LEVEL OF SERIOUSNESS
MSI
VSI
SI
MI
A
Crew
A1
Article 5.1
Not respecting minimum ages for conductors
X
B
Driving periods
B1
Article 6.1
Exceed daily driving time of 9h if possibilities to extend to 10h not allowed
9h < … < 10h
X
B2
10h ≤ … < 11h
X
B3
11h ≤ …
X
B4
Exceed daily driving time of 9h by 50 % or more
13h30 ≤ …
X
B5
Exceed extended daily driving time of 10h if extension allowed
10h < … < 11h
X
B6
11h ≤ … < 12h
X
B7
12h ≤ …
X
B8
Exceed daily driving time of 10h by 50 % or more
15h ≤ …
X
B9
Article 6.2
Exceed weekly driving time
56h < … < 60h
X
B10
60h ≤ … < 65h
X
B11
65h ≤ … < 70h
X
B12
Exceed weekly driving time by 25 % or more
70h ≤ …
X
B13
Article 6.3
Exceed maximum total driving time during 2 consecutive weeks
90h < … < 100h
X
B14
100h ≤ … < 105h
X
B15
105h ≤ … < 112h30
X
B16
Exceed maximum total driving time during 2 consecutive weeks by 25 % or more
112h30 ≤ …
X
C
Breaks
C1
Article 7
Exceed uninterrupted driving time of 4,5 hours before taking the break
4h30 < … < 5h
X
C2
5h ≤ … < 6h
X
C3
6h ≤ …
X
D
Rest Periods
D1
Article 8.2
Insufficient daily rest period of less than 11h if reduced daily rest period not allowed
10h ≤ … < 11h
X
D2
8h30 ≤ … < 10h
X
D3
… < 8h30
X
D4
Insufficient reduced daily rest period of less than 9h if reduce allowed
8h ≤ … < 9h
X
D5
7h ≤ … < 8h
X
D6
… < 7h
X
D7
Insufficient split daily rest period of less than 3h + 9h
3h + [8h ≤ … < 9h]
X
D8
3h + [7h ≤ … < 8h]
X
D9
3h + [… < 7h]
X
D10
Article 8.5
Insufficient daily rest period of less than 9h for multi-manning
8h ≤ … < 9h
X
D11
7h ≤ … < 8h
X
D12
… < 7h
X
D13
Article 8.6
Insufficient reduced weekly resting period of less than 24 h
22h ≤ … < 24h
X
D14
20h ≤ … < 22h
X
D15
… < 20h
X
D16
Insufficient weekly resting period of less than 45 h if reduced weekly resting period not allowed
42h ≤ … < 45h
X
D17
36h ≤ … < 42h
X
D18
… < 36h
X
D19
Article 8.6
Exceeding 6 consecutive 24-hour periods following the previous weekly rest period
… < 3h
X
D20
3h ≤ … < 12h
X
D21
12h ≤ …
X
D22
Article 8.6b
No compensation for two consecutive reduced weekly rest periods
X
D23
Article 8.8
Regular weekly rest period or any weekly rest period of more than 45 hours taken in a vehicle
X
D24
Article 8.8
The employer not covering any costs for accommodation outside the vehicle
X
E
12-day rule derogation
E1
Article8.6a.
Exceeding 12 consecutive 24-hour periods following a previous regular weekly rest
… < 3h
X
E2
3h ≤ … < 12h
X
E3
12h ≤ …
X
E4
Article8.6a. (b)(ii)
Weekly rest period taken following 12 consecutive 24-hour periods
67h <…<69h
X
E5
65h < … ≤ 67h
X
E6
… ≤ 65h
X
E7
Article8.6a. (d)
Driving period, between 22:00 and 6:00, of more than 3 hours before the break, if the vehicle is not multi-manned
3h < … < 4,5 h
X
E8
4,5 h ≤ …
X
F
Work organisation
F1
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
F2
Article. 10.1
Link between wage/payment and distance travelled, speed of delivery and/or amount of goods carried
X
F3
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
2.     Groups of infringements against Regulation (EU) No 165/2014 of the European Parliament and of the Council
( *2 )
(Tachograph)
No
LEGAL BASIS
TYPE OF INFRINGEMENT
LEVEL OF SERIOUSNESS
MSI
VSI
SI
G
Installation of tachograph
G1
Articles 3(1), (4), (4a) and Article 22
Not having type-approved tachograph installed and used
X
H
Use of tachograph, driver card or record sheet
H1.
Article 23(1)
Using a tachograph not inspected by an approved workshop
X
H2.
Article 27
Driver holding and/or using more than one own driver card
X
H3
Driving with a driver card that has been falsified ( considered as driving without driver card )
X
H4.
Driving with a driver card of which the driver is not the holder ( considered as driving without driver card )
X
H5.
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
H6
Article 32(1)
Tachograph not correctly functioning (e.g.: tachograph not properly inspected, calibrated and sealed)
X
H7
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
H8.
Article 32(3)
Having in the vehicle and/or using a fraudulent device able to modify the records of the tachograph
X
H9
Falsifying, concealing, supressing or destroying data recorded on the record sheets or stored and downloaded from the tachograph and/or the driver card
X
H10
Article 33(2)
Undertaking not keeping record sheets, printouts and downloaded data
X
H11
Recorded and stored data not available for at least a year
X
H12
Article 34(1)
Incorrect use of record sheets/driver card
X
H13
Unauthorised withdrawal of record sheets or driver card which has an impact on the record of relevant data
X
H14
Record sheet or driver card used to cover a period longer than that for which it is intended and data is lost
X
H15.
Article 34(2)
Use dirty or damaged record sheets or driver card and data not legible
X
H16
Article 34(3)
Not using manual input when required to do so
X
H17.
Article 34(4)
Not using correct record sheet or driver card not in the correct slot (multi-manning)
X
H18
Article 34(5)
Incorrect use of switch mechanism
X
I
Producing information
I1.
Article 34(5), point (b)(v)
Incorrect use or non-use of the ferry/train sign
X
I2
Article 34(6)
Required information not entered on the record sheet
X
I3.
Article 34(7)
Records not showing the symbols of the countries whose borders were crossed by the driver during the daily working period
X
I4
Article 34(7)
Records not showing the symbols of the countries where the driver’s daily working period started and finished
X
I5.
Article 36
Refusing to be checked
X
I6
Article 36
Unable to produce manual records and printouts made during the current day and the previous 28 days (until 30 December 2024)
Unable to produce manual records and printouts made during the current day and the previous 56 days (as of 31 December 2024)
X
I7
Article 36
Unable to produce a driver card, if the driver holds one
X
J
Malfunctioning
J1.
Article 37(1) and Article 22(1)
Tachograph not repaired by an approved fitter or workshop
X
J2
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
’
( *1 )   Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85 ( OJ L 102, 11.4.2006, p. 1 ).
( *2 )   Regulation (EU) No 165/2014 of the European Parliament and of the Council of 4 February 2014 on tachographs in road transport, repealing Council Regulation (EEC) No 3821/85 on recording equipment in road transport and amending Regulation (EC) No 561/2006 of the European Parliament and of the Council on the harmonisation of certain social legislation relating to road transport ( OJ L 60, 28.2.2014, p. 1 ).
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