ANNEX IIISupplementary provisions
ANNEX III Annex III to Directive 2006/22/EC is replaced by the following: ‘ANNEX III 1. Groups of infringements against Regulation (EC) no 561/2006 No LEGAL BASIS TYPE OF INFRINGEMENT LEVEL OF SERIOUSNESS ( 1 ) MSI VSI SI MI A Crew A1 Art 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 without taking a break or without any rest of at least 4,5 hours 13h30 ≤ … and no break/rest 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 without taking a break of or without any rest of at least 4,5 hours 15h ≤ … and no break/rest 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 Art 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 E 12-day rule derogation E1 Article 8.6a. Exceeding 12 consecutive 24-hour periods following a previous regular weekly rest … < 3h X E2 3h ≤ … < 12h X E3 12h ≤ … X E4 Article 8.6a. (b)(ii) Weekly rest period taken following 12 consecutive 24-hour periods 65h < … ≤ 67h X E5 … ≤ 65h X E6 Article 8.6a. (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 E7 4,5 h ≤ … X F Work organisation F1 Article 10.1 Link between wage and distance travelled or amount of goods carried X F2 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 INFRINGEMENTS LEVEL OF SERIOUSNESS MSI VSI SI MI G Installation of tachograph G1 Article 3.1 and Article 22.2 Not having type-approved tachograph installed and used (e.g.: not having a tachograph installed by fitters, workshops or vehicle manufacturers approved by the competent authorities of the Member States, using a tachograph without the necessary seals placed or replaced by an approved fitter, workshop or vehicle manufacturer or using a tachograph without the installation plaque) 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 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 Art 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 drivers 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 36 Refusing to be checked X I2 Article 36 Unable to produce records of current day and the previous 28 days X I3 Unable to produce records of the driver card if the driver holds one X I4 Article 36 Unable to produce manual records and printouts made during the current day and the previous 28 days X I5 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 ) MSI = most serious infringements/VSI = very serious infringement/SI = serious infringement/MI = minor infringement. ( 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 ).