Directive 2006/22/EC of the European Parliament and of the CouncilDangos y teitl llawn

ANNEX I U.K.

PART A U.K.

ROADSIDE CHECKS U.K.

The following points shall, in general, be covered by roadside checks:

(1)

daily and weekly driving times, breaks and daily and weekly rest periods; also the preceding days' record sheets which have to be carried on board the vehicle in accordance with Article 15(7) of Regulation (EEC) No 3821/85 and/or the data stored for the same period on the driver card and/or in the memory of the recording equipment in accordance with Annex ΙΙ to this Directive and/or on printouts;

(2)

for the period referred to in Article 15(7) of Regulation (EEC) No 3821/85, any cases where the vehicle's authorised speed is exceeded, to be defined as being any periods of more than one minute during which the vehicle's speed exceeds 90 km/h for category N₃ vehicles or 105 km/h for category M₃ vehicles (categories N₃ and M₃ being defined in Annex II, Part A to Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers(1);

(3)

where appropriate, momentary speeds attained by the vehicle as recorded by the recording equipment in no more than the previous 24 hours' use of the vehicle;

(4)

the correct functioning of the recording equipment (determination of possible misuse of the equipment and/or the driver card and/or record sheets) or, where appropriate, presence of the documents referred to in Article 14(5) of Regulation (EEC) No 3820/85[F1 ;]

(5)

[F2 where appropriate, and with due regard to safety considerations, a verification of the recording equipment installed in vehicles in order to detect the installation and/or the use of any device, or devices, intended to destroy, suppress, manipulate or alter any data, or which is intended to interfere with any part of the electronic data exchange between the component parts of recording equipment, or which inhibits or alters the data in such ways prior to encryption.]

Textual Amendments

F1 Substituted by Commission Directive 2009/4/EC of 23 January 2009 counter measures to prevent and detect manipulation of records of tachographs, amending 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 and repealing Council Directive 88/599/EEC (Text with EEA relevance).

F2 Inserted by Commission Directive 2009/4/EC of 23 January 2009 counter measures to prevent and detect manipulation of records of tachographs, amending 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 and repealing Council Directive 88/599/EEC (Text with EEA relevance).

PART B U.K.

CHECKS AT THE PREMISES OF UNDERTAKINGS U.K.

The following points shall be checked at the premises of undertakings, in addition to those set out in Part A:

(1)

weekly rest periods and driving times between these rest periods;

(2)

observance of the two-weekly limitation of driving times;

(3)

record sheets, vehicle unit and driver card data and printouts.

Member States may, if appropriate, check on the joint liability of other instigators or accessories in the transport chain, such as shippers, freight forwarders or contractors, if an infringement is detected, including verification that contracts for the provision of transport permit compliance with Regulations (EEC) No 3820/85 and (EEC) No 3821/85.

ANNEX II U.K. Standard equipment to be available to enforcement units

Member States shall ensure that the following standard equipment is available to enforcement units carrying out the duties set out in Annex I:

(1)

equipment capable of downloading data from the vehicle unit and driver card of the digital tachograph, reading data, and analysing data and/or transmitting findings to a central database for analysis;

(2)

equipment to check the tachograph sheets[F1 ;]

(3)

[F2 specific analysis equipment, with appropriate software, to verify and confirm the digital signature attached to data, as well as specific analysis software to provide a detailed speed profile of vehicles prior to the inspection of their recording equipment.]

[F3 ANNEX III U.K.

Textual Amendments

F3 Substituted by 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).

1. Groups of infringements against Regulation (EC) no 561/2006 U.K.

a MSI = most serious infringements/VSI = very serious infringement/SI = serious infringement/MI = minor infringement.
No	LEGAL BASIS	TYPE OF INFRINGEMENT		LEVEL OF SERIOUSNESS a
				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) U.K.

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)

OJ L 42, 23.2.1970, p. 1. Directive as last amended by Commission Directive 2006/28/EC (OJ L 65, 7.3.2006, p. 27).

(2)

[F3 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 ).]

Textual Amendments

F3 Substituted by 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).