ANNEX I
The following tables contain categories and types of serious infringements against Annex 31 to the Trade and Cooperation Agreement, divided into three categories of seriousness according to their potential to create a risk of fatalities or serious injuries and/or distorting competition in the road transport market: most serious infringement (MSI), very serious infringement (VSI) and serious infringement (SI).
(1) Groups of infringements against Section 2 of Part B of Annex 31 to the Trade and Cooperation Agreement, unless stated otherwise
LEGAL BASIS
TYPE OF INFRINGEMENT
LEVEL OF SERIOUSNESS
MSI
VSI
SI
Driving periods
1.
Article 4(1) and Appendix 31-A-1-1
Exceed daily driving time of 9h if possibilities to extend to 10h not allowed
10h ≤ … < 11h
X
2.
11h ≤ …
X
3.
Exceed daily driving time of 9h by 50 % or more
13h30 ≤ …
X
4.
Exceed extended daily driving time of 10h if extension allowed
11h ≤ … < 12h
X
5.
12h ≤ …
X
6.
Exceed daily driving time of 10h by 50 % or more
15h ≤ …
X
7.
Article 4(2) and Appendix 31-A-1-1
Exceed weekly driving time
60h ≤ … < 65h
X
8.
65h ≤ … < 70h
X
9.
Exceed weekly driving time by 25 % or more
70h ≤ …
X
10.
Article 4(3) and Appendix 31-A-1-1
Exceed maximum total driving time during 2 consecutive weeks
100h ≤ … < 105h
X
11.
105h ≤ … < 112h30
X
12.
Exceed maximum total driving time during 2 consecutive weeks by 25 % or more
112h30 ≤ …
X
Breaks
13.
Article 5
Exceed uninterrupted driving time of 4,5 hours before taking the break
5h ≤ … < 6h
X
14.
6h ≤ …
X
Rest Periods
15.
Article 6(2)
Insufficient daily rest period of less than 11h if reduced daily rest period not allowed
8h30 ≤ … < 10h
X
16.
… < 8h30
X
17.
Insufficient reduced daily rest period of less than 9h if reduction allowed
7h ≤ … < 8h
X
18.
… < 7h
X
19.
Insufficient split daily rest period of less than 3h + 9h
3h + [7h ≤ …< 8h]
X
20.
3h + [… < 7h]
X
21.
Article 6(5)
Insufficient daily rest period of less than 9h for multi-manning
7h ≤ … < 8h
X
22.
… < 7h
X
23.
Article 6(6)
Insufficient reduced weekly resting period of less than 24h
20h ≤ … < 22h
X
24.
… < 20h
X
25.
Insufficient weekly resting period of less than 45h if reduced weekly resting period not allowed
36h ≤ … < 42h
X
26.
… < 36h
X
27.
Exceeding 6 consecutive 24-hour periods following the previous weekly rest period
3h ≤ … < 12h
X
28.
12h ≤ …
X
29.
Article 6(7)
No compensation rest for two consecutive reduced weekly rest periods
X
30.
Article 6(9)
Regular weekly rest period or any weekly rest period of more than 45 hours taken in a vehicle
X
31.
The employer not covering costs for accommodation outside the vehicle
X
Work organisation
32.
Article 6(10)
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
33.
Article 7(1)
Link between wage/payment and distance travelled, speed of delivery and/or amount of goods carried
X
34.
Article 7(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 Section 4 of Part B and Section 2 of Part C of Annex 31 to the Trade and Cooperation Agreement
LEGAL BASIS
TYPE OF INFRINGEMENT
LEVEL OF SERIOUSNESS
MSI
VSI
SI
Installation of tachograph
1.
Articles 3 and 5 of Section 2 of Part C and Appendix 31-A-1-1
Not having type-approved tachograph installed and used
X
Use of tachograph, driver card or record sheet
2.
Article 6(1) of Section 2 of Part C
Using a tachograph not inspected by an approved workshop
X
3.
Article 3 of Section 4 of Part B and Appendix 31-A-1-1
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 7(1) of Section 4 of Part B and Article 15(1) of Section 2 of Part C
Tachograph not correctly functioning (e.g.: tachograph not properly inspected, calibrated and sealed)
X
8.
Tachograph improperly used (e.g.: deliberate, voluntary or imposed misuse, lack of instructions on correct use, etc.)
X
9.
Article 7(2) of Section 4 of Part B and Appendix 31-A-1-1
Having in the vehicle and/or using a fraudulent device able to modify the records of the tachograph
X
10.
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 15(2) of Section 2 of Part C
Undertaking not keeping record sheets, printouts and downloaded data
X
12.
Recorded and stored data not available for at least a year
X
13.
Article 6(1) of Section 4 of Part B
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 6(2) of Section 4 of Part B
Use dirty or damaged record sheets or drivers card and data not legible
X
17.
Article 6(3) of Section 4 of Part B
Not using manual input when required to do so
X
18.
Article 6(4) of Section 4 of Part B
Not using correct record sheet or driver card not in the correct slot (multi-manning)
X
19.
Article 6(5) of Section 4 of Part B
Incorrect use of switch mechanism
X
Producing information
20.
Article 6(5), point (b)(v) of Section 4 of Part B
Incorrect use or non-use of the ferry/train sign
X
21.
Article 6(6) of Section 4 of Part B
Required information not entered on the record sheet
X
22.
Article 6(7) of Section 4 of Part B
Records not showing the symbols of the countries whose borders were crossed by the driver during the daily working period
X
23.
Article 6(7) of Section 4 of Part B
Records not showing the symbols of the countries where the driver’s daily working period started and finished
X
24.
Article 10 of Section 4 of Part B
Refusing to be checked
X
25.
Unable to produce manual records and printouts made during the current day and the previous 56 days
X
26.
Unable to produce a driver card, if the driver holds one
X
Malfunctioning
27.
Article 16(1) and Article 5(1) of Section 2 of Part C
Tachograph not repaired by an approved fitter or workshop
X
28.
Article 11 of Section 4 of Part B
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 Section 3 of Part B of Annex 31 to the Trade and Cooperation Agreement
LEGAL BASIS
TYPE OF INFRINGEMENT
LEVEL OF SERIOUSNESS
MSI
VSI
SI
Maximum weekly working time
1.
Article 3
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 7 granted
65 ≤ … < 70h
X
4.
70h ≤ …
X
Breaks
5.
Article 4
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 6
Daily working time in each 24h when night work performed if no derogation under Article 7 granted
11h ≤ … < 13h
X
10.
13h ≤ …
X
Records
11.
Article 8
Employers falsifying working time records or refusing to provide records to inspection officer
X
12.
Employed/self-employed drivers falsifying records or refusing to provide records to inspection officer
X
(4) Groups of infringements against Section 1 of Part C of Annex 31 to the Trade and Cooperation Agreement
LEGAL BASIS
TYPE OF INFRINGEMENT
LEVEL OF SERIOUSNESS
MSI
VSI
SI
Weights
1.
Article 1 and Appendix 31-A-1-1
Exceed maximum permissible weights 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.
20 % ≤ …
X
Width
9.
Article 1
Exceed maximum permissible width
2,65 ≤ … < 3,10 metres
X
10.
3,10 metres ≤ …
X
(5) Groups of infringements against rules on Technical roadside inspection
LEGAL BASIS
TYPE OF INFRINGEMENT
LEVEL OF SERIOUSNESS
MSI
VSI
SI
Roadworthiness
1.
Annex 31, Part A, Section 1, Article 6(1)(b)(iv) and Appendix 31-A-1-1
Driving without a valid proof of roadworthiness tests passed, as required by the EU and UK law
X
2.
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
(6) Groups of infringements against rules on Speed limitation devices
LEGAL BASIS
TYPE OF INFRINGEMENT
LEVEL OF SERIOUSNESS
MSI
VSI
SI
1.
Annex 31, Part A, Section 1, Article 6(1)(b)(vii)
Speed limitation device not fitted
X
2.
Speed limitation device not satisfying the applicable technical requirements
X
3.
Speed limitation device not fitted by an approved workshop
X
4.
Having and/or using a fraudulent device able to falsify data of speed limitation device or having and/or using a fraudulent speed limitation device
X
(7) Groups of infringements against Section 1 of Part B of Annex 31 to the Trade and Cooperation Agreement
LEGAL BASIS
TYPE OF INFRINGEMENTS
LEVEL OF SERIOUSNESS
MSI
VSI
SI
Training and Licence
1.
Article 3
Carrying goods without a compulsory initial qualification and/or compulsory periodic training
X
2.
Article 9 and Appendix 31-B-1-2
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 driving licence requirements
LEGAL BASIS
TYPE OF INFRINGEMENTS
LEVEL OF SERIOUSNESS
MSI
VSI
SI
1.
Annex 31, Part A, Section 1, Article 6(1)(b)(viii) and Appendix 31-A-1-1
Carrying goods without holding a valid driving licence
X
2.
Using a driving licence which is damaged or unreadable or not in line with common model
X
(9) Groups of infringements against rules on transport of dangerous goods by road
LEGAL BASIS
TYPE OF INFRINGEMENTS
LEVEL OF SERIOUSNESS
MSI
VSI
SI
1.
Annex 31, Part A, Section 1, Article 6(1)(b)(vi) and Appendix 31-A-1-1
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
(10) Groups of infringements against Title I of Heading Three of Part Two of the Trade and Cooperation Agreement, unless stated otherwise
LEGAL BASIS
TYPE OF INFRINGEMENT
LEVEL OF SERIOUSNESS
MSI
VSI
SI
Licence
1.
Article 463(1) and Appendix 31-A-1-1
Carrying goods without holding a valid licence (i.e.: a licence is non-existent, falsified, withdrawn, expired, etc.)
X
2.
Article 463(3)
The haulage undertaking or the driver unable to present a valid licence or a valid certified true copy of the licence to the inspecting officer (i.e.: licence or certified true copy of the licence lost, forgotten, damaged, etc.)
X
Driver attestation
3.
Annex 31, Part A, Section 1, Article 6(1)(b)(v)
Drivers carrying goods without holding a valid driver attestation (i.e. driver’s attestation is non-existent, falsified; withdrawn, expired, etc.)
X
4.
Annex 31, Part A, Section 1, Article 6(1)(b)(v)
The driver or the haulage undertaking unable to present a valid driver attestation or a valid certified true copy of the driver attestation to the inspecting officer (i.e. driver attestation or certified true copy of the driver attestation lost, forgotten, damaged, etc.)
X
Specific transport operations allowed under the Trade and Cooperation Agreement
5.
Paragraphs 3 to 7 of Article 462
Carrying out cabotage or other transport operations not in compliance with the laws, regulations and administrative provisions, including limitations on the number of journeys, in force in the host Party.
X
(11) Groups of infringements against rules on animal transport
LEGAL BASIS
TYPE OF INFRINGEMENTS
LEVEL OF SERIOUSNESS
MSI
VSI
SI
1.
Annex 31, Part A, Section 1, Article 6(1)(b)(x)
Partitions are not strong enough to withstand the weight of animals
X
2.
Using loading or unloading ramps that have slippery surfaces, that lack lateral protections or that are too steep
X
3.
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.
Means of transport not approved for long journeys, or not approved for the type of animals being transported.
X
5.
Transporting without valid required documentation, journey log or transporter authorisation or certificate of competence
X
(12) Groups of infringements against laws applicable to contractual obligations
LEGAL BASIS
TYPE OF INFRINGEMENT
LEVEL OF SERIOUSNESS
MSI
VSI
SI
1.
Annex 31, Part A, Section 1, Article 6(1)(b)(xii)
Violation of the law applicable to contractual obligations
X
(13) Groups of infringements against Section 2 of Part A of Annex 31 to the Trade and Cooperation Agreement
LEGAL BASIS
TYPE OF INFRINGEMENT
LEVEL OF SERIOUSNESS
MSI
VSI
SI
1.
Article 6(1), point (a)
Incomplete information on the posting declaration
X
2.
Failure to submit a posting declaration to the country ( 1 ) to which the driver is posted no later than at the commencement of the posting
X
3.
Article 6(1), point (b)
Falsified posting declaration for drivers
X
4.
Impossibility of the driver to present a valid posting declaration
X
5.
Failure to put at the disposal of the driver a valid posting declaration
X
6.
Article 6(1), second subparagraph
Failure to submit the requested documents to the host country ( 1 ) within eight weeks from the date of the request. Article 6(1) point (c) specifies the types of document that must be provided
X
7.
Article 6(4)
Failure of the operator to keep the posting declarations up to date in the public interface connected to IMI
X
( 1 ) Country refers to a Member State of the European Union for the European Union, and the United Kingdom of Great Britain and Northern Ireland for the United Kingdom of Great Britain and Northern Ireland.
