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52017SC0100.pdf
EUROPEAN COMMISSION

Brussels, 7.3.2017

SWD(2017) 100 final

COMMISSION STAFF WORKING DOCUMENT

Accompanying the document

REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL

on the implementation in 2013-2014 of Regulation (EC) No 561/2006 on the harmonisation of certain social legislation relating to road transport and of Directive 2002/15/EC on the organisation of the working time of persons performing mobile road transport activities



(28th report from the Commission on the implementation of the social legislation relating to road transport)

{COM(2017) 117 final}

TABLE OF CONTENTS

   PAGE

1.Social legislation in road transport – objectives and key provisions             4

2.Data submission                               5

3.Checks                                    5

4.Checks compared to the number of enforcement officers and equipment to analyse

tachographs
                                 7

5.Roadside checks                              8

6.Roadside checks – type of tachograph                      9

7.Checks at premises                               11

8.Offences – detection rates                            11

9.Offences detected at roadside – detection rates                   12

10.Offences detected at premises – detection rates                   13

11.Categories of infringements detected at roadside                  14

12.Categories of infringements detected at premises                   15

13.Relations and cooperation between Member States                  15

14.Penalties                                 23

15.Exceptions granted by Member States                     23

16.Comments and proposals                           28

17.Interpretation of Regulation (EC) No 561/2006 and Directive 2002/15/EC         29

17.1 Judgment of the Court of Justice of 19 October 2016 in case C-501/14      29

17.2 Judgment of the Court of Justice of 18 February 2016 in case C325/15       29

17.3 Judgment of the Court of Justice of 9 June 2016 in case C-287/14         30

17.4 Requests for a preliminary ruling                     30

18.Monitoring and control arrangements of Directive 2002/15/EC in Member States      31

19.Issues in relation to enforcement of Directive 2002/15/EC               31

20.Statistics on checks                              32

21.Statistics on infringements                           32

22.Stakeholders' views on implementation of Directive 2002/15/EC in Member States   33

23.Statistics on minimum checks to be carried out                  34

24.Statistics on number of working days checked at roadside               35

25.Statistics on checks at roadside by the number of drivers checked at roadside by country of registration and type of carriage                        36

26. Statistics on checks at roadside by the number of vehicles stopped at roadside check by

country of registration and type of tachograph
                  37

27.Statistics on checks at premises by the number of drivers, undertakings and working days

checked at premises
                              38

28.Table of number of undertakings, drivers checked and offences detected by size of the

fleet of all Member States
                           39

29.Statistics on types of offences at roadside                     45

30.Statistics on types of offences at premises                      46



1. Social legislation in road transport – objectives and key provisions

Social rules in road transport are established by four interrelated acts : Regulation (EC) No 561/2006, which establishes rules on driving times, breaks and rest periods for professional drivers; Regulation (EEC) No 3821/85 on recording equipment in road transport, Directive 2002/15/EC, which sets out complementary provisions on the organisation of the working time of persons performing mobile road transport activities and Directive 2006/22/EC, which determines minimum requirements for enforcement of these rules.

Regulation (EC) No 561/2006 applies to employed and self-employed drivers engaged in the carriage by road of goods where the maximum permissible mass of the vehicle exceeds 3.5 tonnes and of passengers by vehicles carrying more than 9 persons including the driver. The maximum weekly driving time of a driver should not exceed 56 hours (provided that no more than 90 hours are driven in any two consecutive weeks). The total daily driving time should not exceed 9 hours, although twice a week it can be extended to 10 hours. Breaks should last for at least 45 minutes (which may be separated into a break of 15 minutes followed by 30 minutes) and should be taken not later than 4.5 hours of driving period. The daily rest period is determined at the level of minimum 11 hours, which can be reduced three times a week to 9 hours. The Commission is currently evaluating the Regulation and intends to table a proposal for a targeted revision in 2017 as part of the Road Initiative.

Council Regulation (EEC) No 3821/85 on recording equipment in road transport provides the basis for the tachograph, which is a device that records driving time, breaks, rest periods and other work. Its purpose is to monitor compliance of professional drivers with driving time provisions of Regulation (EC) No 561/2006. The tachograph must be installed in vehicles to which Regulation (EC) No 561/2006 applies. Since the 1st of May 2006 there is an obligation to install a digital tachograph in all new registered vehicles in the EU. There is no mandatory retrofit for vehicles already registered before that date and fitted with an analogue tachograph. Council Regulation (EEC) No 3821/85 was repealed by Regulation (EU) No 165/2014, which sets out obligations and requirements in relation to the construction, installation, use, testing and control of tachographs used in road transport, in order to verify compliance with control with Regulation (EC) No 561/2006, Directive 2002/15/EC and Council Directive 92/6/EEC. It also aims at reducing administrative burden and making fraud to the tachograph more difficult.

Directive 2002/15/EC (Working Time Directive) applies to mobile workers such as drivers, crew and other travelling staff, both with the employment or self-employment status. The Directive complements Regulation (EC) No 561/2006 by putting in place limitations on the overall daily and weekly working time of workers in the road transport sector as well as minimum daily/weekly periods of rest and adequate breaks. Working time is defined in the Directive as time devoted to all road transport activities, including driving, loading and unloading, assisting passengers boarding and disembarking from the vehicle, cleaning and technical maintenance and all other work intended to ensure the safety of transport operation. Specific time limits are set out in relation to weekly working time (excluding breaks and periods of availability) which amounts to maximum 48 hours a week or 60 hours, provided that over four months, an average of 48 hours a week is maintained. Moreover, a limitation to 10 hours on daily working time is introduced in case of night work. Each mobile worker is obliged to take a break after working consecutively for 6 hours, which should be at least 30 minutes, if working hours range from 6 to 9 hours and at least 45 minutes, if working time equals to more than 9 hours.

Directive 2006/22/EC also called the "Enforcement Directive" aims at verifying compliance and ensuring application of the driver's hours rules established by Regulation (EC) No 561/2006. The Directive promotes harmonised interpretation of social rules in road transport by means of minimum requirements for the uniform and effective checking by Member States. The minimum threshold of checks of the total number of days worked by drivers falling under the scope of Regulation (EC) No 561/2006 and Regulation (EEC) No 3821/851 is set at 3% from 2010. In addition, the total number of working days actually checked should be carried out in proportional manner for checks at roadside and at premises of transport undertakings; 30 % and 50 % respectively. In order to encourage cooperation between Member States, an obligation of minimum 6 concerted roadside checks per year undertaken by two or more enforcement authorities was introduced.

2. Data submission

Data has been submitted by all Member States in most of the cases in a timely manner. The quality and consistency of national reports improved constituting a coherent base for this biennial report. All Member States provided data by means of the standard reporting form.

Some of the inconsistent or missing data was due to technical constraints during data collection process in some Member States. Furthermore, there were some Member States which still reported that data was collected in not disaggregated manner or in the wrong format which did not allow for their inclusion in the national reports. These issues should be addressed in view of the next biennial report for the years 2015-2016 in order to assure more reliable and better quality overview at the European level.

3. Checks

Looking closely at the number of working days effectively checked in relation to the minimum number of working days to be checked, it is noticeable that the majority of Member States performed more checks than required by Directive 2006/22/EC. For the purpose of better illustration of the results, 100% signifies meeting the minimum threshold of 3% of checks.

The collected data shows that all Member States reached this threshold, except for Greece (16%), the Netherlands (80%), Croatia (82%) and Lithuania (96%). Even though, Greece increased the number of working days checked compared with the previous period, levels of controls remain significantly below the threshold, already for the 4th time in a row.

The Netherlands increased the number of the controls from 64% in 2011-2012 to 80% in this reporting period. Nevertheless, it should be taken into consideration that agreements with various freight and passenger transport operators were concluded in the Netherlands. According to this national arrangement, transport undertakings report back to the national authority on the results of their own monitoring of working and driving times and rest periods. It indirectly provides for an additional one million and a half of driver working days checked, which when added to traditional checks would allow meeting the minimum checks threshold.

In this reporting period Denmark, Italy and Latvia showed an improvement in their enforcement performance and met the legitimate threshold of checks.

There are several Member States that performed considerably more checks than required by the legislation. These are Austria, Bulgaria, France, Germany and Romania. Bulgaria performed the most of the working days checked compared to the required minimum checks, followed by France and Germany. These three Member States account for a half of the total working days checked in the European Union (75.6 million out of 151 million).

Regarding the type of controls, there is a continuous upward trend in working days checked at premises of undertakings. When looking at the total number of working days checked across the EU, 23% of them were controlled at premises in comparison to 20% in 2011-2012 and 18% in 2009-2010. As required by Article 2 of Directive 2006/22/EC, the number of the working days checked at premises should amount to at least 50% of total number of working days checked. However, only the following seven Member States2 complied with the requirement of minimum checks at premises : Ireland (82%), Croatia (70%), Latvia (69%), Estonia (62%), Lithuania (60%), Slovakia (59%) and Malta (51%). Member States which proportionally had the fewest checks at premises in terms of their overall working days checked are Germany (12%)3, France (13%), Romania (14%), Austria (15%) and Hungary (16%). It is worth noting that Sweden improved the share of checks at premises from 1% in the previous reporting period to 25% in the current one.

4. Checks compared to the number of enforcement officers and equipment to analyse tachographs

In comparison with the previous reporting period the number of enforcement officers involved in checks in all Member States decreased by 16% from 73 thousand to approximately 61 thousand. The drop was proportionally the most noticeable in four Member States4 and outweighed the significant increases in other Member States5. However, the increase was noted in the number of control officers trained to analyse the digital tachograph by almost two thousand. There was as well a slight decrease of 8% in the number of equipment to analyse the tachographs in comparison with the previous reporting period.

Table 1 – National Enforcement

National Enforcement

Member States

number of control officers involved in checks

number of control officers trained to analyse the digital tachograph

number of units of equipment provided to control officers to analyse the tachograph

AT

950

950

485

BE

3,727

3,563

128

BG

256

256

220

HR

230

230

130

CY

11

11

4

CZ

707

707

143

DK

110

110

90

EE

227

203

18

FI

460

560

133

FR

6,000

6,000

3,500

DE

15,423

4,400

2,742

EL

3,279

328

148

HU

135

135

70

IE6

12

12

12

IT

10,5697 

3,496

661

LV

18

18

12

LT

657

79

79

LU

27

27

17

MT

3

2

1

NL

200

300

85

PL

1,265

1,222

786

PT

14,898

1,155

41

RO

318

318

318

SK

40

41

41

SL

341

230

42

ES

500

310

430

SE

231

204

202

UK

617

282

282

TOTAL

61,211

25,148

10,820



5. Roadside checks

The percentage of non-national vehicles checked at roadside amounted to 67% in Luxembourg, 66% in Malta, 64% in Belgium, 62% in Slovenia, 61% in Austria and 58% in France and corresponded with the predominance of non-national drivers controlled at roadside. In the case of these Member States a factor of geographical location or a volume of transit operations8 should also be taken into account.

Nevertheless, on the basis of the collected data from the current and previous reporting periods, four of the above mentioned Member States9 did not restore the balance of controls for the third time in a row and Austria for the second time despite the reminder on non-discriminatory manner with regard to the nationality of the vehicles/drivers in which controls should be performed10 that was included in the previous Commission report on the implementation of the social legislation relating to road transport. As regards this group of Member States, to which the reminder was addressed, only Lithuania limited the checks of non-national vehicles from 55% in the period 2011-2012 to 47% in the current period. Moreover, in the current reporting period there was a shift in France to control more non-national vehicles (from 51% to 58%) and drivers (from 51% to 60%).

6. Roadside checks – type of tachograph

An important issue in roadside checks seems to link to the type of tachograph the vehicles are equipped with. The digital tachograph was introduced in 2006 and aims at facilitating the enforcement of the social legislation by providing more secure and accurate data, while at the same time simplifying the control procedures.

However, Slovenia indicated that despite the growing share of digital tachographs, the complexity and length of control procedures remain problematic. The issue of keeping various forms of data records as well as checking drivers performing activities for several transport operators was brought to light. Austria indicated that in order to follow the uniform procedure and allow the hybrid (analogue/digital) analysis of data records the automated analysis systems were introduced. Moreover, Italy reported that the use of digital tachographs and the associated system of computerised checks have improved the quality of checks, but require extensive training and technical equipment for inspectors as well as more financial resources for that activity.

According to Article 2 of Directive 2006/22/EC, the threshold of minimum checks of number of days worked by drivers of vehicles will be raised to 4% once the 90% of vehicles checked are equipped with a digital tachograph. In the current reporting period the share of vehicles checked at the roadside that were equipped with the digital tachograph increased to 64% in comparison to 56% in the previous two consecutive biennial periods 2009-2010 2011-2012, and 32% in the period 2007-2008. Nevertheless, significant fluctuations were observed at national level, with the biggest increases by at least 15 percentage points in Malta, Hungary, Austria, Bulgaria, Czech Republic, Slovakia and the United Kingdom.

Taking into account the overall average of vehicles equipped with digital tachographs that were controlled at the level of the European Union, there is no base for raising the minimum checks of days worked by drivers of vehicles to 4% in the near future.

The number of vehicles equipped with a digital tachograph might serve as an indicator of the fleet composition in Member States because of the obligation of fitting digital tachograph in new vehicles put into service as from May 2006.

It stems from the data collected that the highest rate of vehicles equipped with the digital tachograph that were controlled at the roadside was noted in Austria, France and Luxembourg and amounted to 83%. In contrast, in some Member States (Cyprus, Croatia and Greece) these vehicles did not reach the level of 30%. Detailed numbers and percentages of analogue and digital tachographs installed in vehicles checked at the roadside in each Member States are presented below.

Table 2 - analogue and digital tachographs installed in vehicles checked at the roadside

Member States

Analogue tachograph

% analogue

Digital tachograph

in % digital

Austria

48,539

17%

241,085

83%

Belgium

20,915

34%

40,170

66%

Bulgaria

148,468

37%

247,558

63%

Croatia

4,580

79%

1,233

21%

Cyprus

7,334

95%

387

5%

Czech Republic

67,541

43%

88,689

57%

Denmark

no data reported

Estonia

3,396

56%

2,720

44%

Finland

2,098

54%

1,802

46%

France

160,110

17%

798,791

83%

Germany

414,969

26%

1,164,538

74%

Greece

18,092

73%

6,828

27%

Hungary

53,075

53%

47,997

47%

Ireland

17,718

49%

18,244

51%

Italy

357,683

55%

286,906

45%

Latvia

9,573

56%

7,449

44%

Lithuania

43,778

58%

31,654

42%

Luxembourg

1,250

17%

5,991

83%

Malta

14

40%

21

60%

Netherlands

16,368

43%

21,623

57%

Poland

328,659

57%

252,870

43%

Portugal

31,617

63%

18,383

37%

Romania

285,045

39%

439,831

61%

Slovakia

3,815

28%

10,055

72%

Slovenia

11,873

56%

9,410

44%

Spain

196,929

37%

339,951

63%

Sweden

18,338

27%

50,100

73%

United Kingdom

92,116

53%

81,810

47%

TOTAL

2,363,893

36%

4,216,096

64%

7. Checks at premises

An increase of drivers checked at premises was noted and amounted to 9.4% from approximately 691thousand drivers in the previous reporting period to almost 756 thousand in the period 2013-2014.

The share of drivers checked at premises of all drivers controlled both at roadside and premises over 2013-2014 amounts to 9% in comparison to 7.3% in 2011-2012, and confirms a growing tendency in relation to 5% in the period 2009-2010.

A group of four Member States, namely Bulgaria (21%), France (12%), Germany (13%) and Spain (15%) controlled almost 61% of all drivers checked at premises.

8. Offences – detection rates

It is worth pointing out that 43.7% of the total number of offences detected in Europe was reported in Germany and together with Austria (11.6%), Poland (8.5%) and Italy (7.9%), these four Member States covered 71.7% of offences reported both at roadside and premises. A significant discrepancy is noted between France and Germany in terms of ratios between working days checked, respectively 20% and 24%, and numbers of offences detected, corresponding to 5.4% and 43.7%. This distinctiveness is comparable with the previous reporting period. In view of such discrepancies, the enforcement practices across Europe should be aligned in order to create the common enforcement area, where checks in comparable circumstances lead to corresponding outcomes. 

There is a big disparity between Member States as regards the detection rate ranging from 0.04 in Bulgaria, 0.39 in Romania, 0.52 in Hungary, 0.55 in Latvia and 0.58 in France to 7.24 in Austria, 5.31 in Cyprus and 4.64 in Slovakia of offences detected per 100 working days checked. Moreover, these national rates noted big variations seen against the last reporting period. In some Member States there were significant drops like in Finland from 6.75 to 1.6811 and Hungary from 3.73 to 0.52, which might suggest either higher awareness of social legislation among drivers and undertakings or lower effectiveness of controls. In contrast, some Member States increased rates of detected offences, namely Cyprus from 0.66 to 5.31 and Austria from 4.5 to 7.24, which could indicate enhanced controls of compliance with the social legislation in these Member States.

In quantitative terms, significant rises of offences detected were observed at national level, in the following Member States in comparison with the previous reporting period : Austria (87%), Latvia (71%), Romania (58%), Spain (46%), Belgium (38%), and Poland (38%). In addition Sweden detected 2 times as many offences as in the last period and Cyprus 7 times as many offences. On the other side, there are Member States with large declines in offences detected, as Hungary (72%), France (49%), Greece (49%), Slovenia (47%), Bulgaria12 (46%), Italy (36%), the United Kingdom (31%) and Germany (24.7%) in spite of increases in numbers of working days checked by Member States such as Hungary (101%), Slovenia (18%) and Italy (5%). The national fluctuations between this and previous reporting period do not form a consistent pattern in comparison with the changes between period 2009-2010 and 2011-2012. Some Member States which noted recently drops in offences detected were the ones with increases beforehand13 or the other way around the current increases were preceded by significant declines14.

9. Offences detected at roadside – detection rates

Looking closely at Member States, diverse fluctuations can be observed between the last two reporting periods. Some Member States noted very high growths of detection rate; such as Cyprus15 by 94%, Austria16 by 60%, Sweden17 by 34% or Lithuania18 by 31%. In addition, the detection rate of Belgium19 in the last reporting period was 3.6 times as high as the detection rate in the period 2011-2012.

Some Member States had lower detection rates in comparison with the previous period, namely Greece20 by 69%, Hungary21 by 67%, Bulgaria22 by 50%, Ireland23 by 36% as well as Luxembourg24 where the detection rate was lower by 32%.

Despite considerable changes at national level, the overall detection rate of offences during roadside checks across the Union noted a minor increase. Hence, this does not provide a sufficient basis for drawing solid conclusions on the developments in effectiveness of controls in the Union.

10. Offences detected at premises – detection rates

It should be pointed out that Germany detected 51% of all offences at premises in the Union. Together with Italy (11%) and Poland (almost 16%) these three Member States cover around 78% of all detected violations at premises. Decreases in the offences at premises in Germany and Italy were compensated by the growth in Poland, which resulted in the same share of offences detected at premises by these three Member States as in the period 2011-2012. The number of offences detected in Germany corresponds with the highest frequency of offences detected per 100 working days checked (14.01), which even though it decreased by 37%, still was almost four times higher than the European average of 3.54. In Italy the rate declined from 8.98 to 5.10 in the period 2013-2014, which might imply greater awareness of social legislation among undertakings. This conclusion might be supported by the offence rate per undertaking, which decreased in Italy by 41% as compared to the last period.

In quantitative terms, Italy informed of the yearly developments over the last three years when the number of offences detected at premises declined considerably from almost 126 thousand in 2012 to 89 thousand in 2013 and then to almost 47 thousand in 2014. It stated that this figure confirms checks being an encouraging factor for businesses to operate in the road transport sector in greater compliance with the rules.

However, the reversed trend is noted in Poland, where the rate of offences detected per 100 working days checked at premises grew from 3.45 to 5.42 and the offence rate at premises per undertaking increased from 24.01 in the previous reporting period to 37.32 in the present one.

In Germany the offence rate per undertaking, after dropping between periods 2009-2010 and 2011-2012 from 81 to 55, remained at the same level in the current period.

Slovakia indicated that checks at premises revealed a general improvement; i.e. increased awareness of transport-related social legislation in comparison with previous period. This seems to be confirmed by a drop of offences rate detected at premises in Slovakia from 6.64 to 5.34.

There are vast disparities in offence detection rates at premises per 100 working days checked between Member States. Member States like Germany, Cyprus and the Netherlands have at least 7 offences reported per 100 working days checked, whereas Bulgaria (0.02), Greece (0.09), Latvia (0.03), Portugal (0.03), Romania (0.23), France (0.54), the United Kingdom (0.48) and Spain (0.63) have exceptionally low offence rate.

The ratio of offences detected at premises to the number of drivers checked confirms this disparity. In some Member States multiple offences are detected per driver, namely Cyprus (approximately 9 offences per driver), Germany (approximately 7 offences per driver) and Malta (approximately 12 offences per driver). On the other end of the scale, there are Member States with very few offences detected per driver, such as Bulgaria (1 offence detected per 183 drivers checked), Denmark (1 offence per 11 drivers), Greece (1 offence per 54 drivers), Latvia (1 offence per 15 drivers), Portugal (1 offence per 93 drivers), Romania (1 offence per 15 drivers).

However, this cannot be seen as a sole indicator of the compliance level with the rules in Member States. As additional factors such as number of drivers checked, scope and level of detail of checks, national enforcement practices, use of risk rating systems, etc. would need to be considered. Hence, in order to create a level playing field in the transport sector, there is a need to improve and align the enforcement of transport-related social legislation across the EU.

11. Categories of infringements detected at roadside

The proportions of roadside violations remained at relatively similar levels as in previous years. For two categories, namely driving time (18%) and breaks (17%) substantial decreases were noted : respectively 4 and 3 percentage points. The infringements of rules on rest periods remained at the same level of 25%. Whereas for violations of rules on availability of records for 28 days an increase was observed from 16% to 17%, from 12% to 13% for recording equipment and from 5% to 9% for lack of records for other work.

When looking closely at the offences for recording equipment (13%), the distinction between the incorrect functioning and the misuse or manipulation of the recording equipment can be made. The latter stands at 11%, significantly up from 5% in the previous reporting period. This is in line with signals from enforcement authorities from Member States such as the Netherlands and Finland, which indicated the noticeable increase in the number of cases involving manipulation of tachograph. However, the quantification of this trend should be treated with caution due to the significant amount of data missing in the previous reporting period.

The proportion of offences involving the manipulation of the recording equipment was particularly high in some Member States, namely 45% in the United Kingdom, 25% in Poland and the Netherlands, 21% in Ireland and 18% in Belgium and Germany. This represents a significant increase in comparison with the previous reporting period when the rate stood at 32% in the United Kingdom, 21% in the Netherlands, 17% in Poland, 15% in the Ireland and 6% in Belgium. Germany did not provide this data for the period 2011-2012.

This development shows a stronger emphasis being put on verifying the recording equipment on vehicles and/or an increased number of recording equipment being manipulated. Therefore, the appropriate enforcement techniques, equipment, training of control officers, etc. enabling targeted controls and detecting manipulation devices and fraud became more needed than ever.

Greater dynamics in types of offences detected at roadside were witnessed in certain Member States. In reference to driving time violations, in Belgium and Spain, the proportion almost doubled in comparison with the previous reporting period and in Sweden and Austria it increased significantly by 34% and by 20%, respectively. On the other end, there are France and Germany, where driving time offences represented 13% and 20% of all offences at roadside against 23% and 24% during years 2011-2012.

Concerning offences committed against rules on 28 days record, they remained almost equal to around half of all detected at roadside offences in Bulgaria (47%), Italy (44%) and Latvia (42%).

Despite the fact that offences related to breaks, driving time, rest periods declined from 67% in 2011-2012 reporting period to 60% in the current period, the corresponding increase in the number of offences linked with records keeping and tachograph use indicates the shift towards concealing the infringements of rules on driving times, breaks and rest periods.

12. Categories of infringements detected at premises

As in the previous period, the most detected types of offences were violations of rules on breaks (33%, down by 1 percentage point), rest periods (increased by 1 percentage point to amount to 24%), driving time (decrease by 2 percentage points and equalled to 14%) as well as driving time records (growth by 2 percentage points to 19%). The number of offences in relation to recording equipment and lack or availability of records for other work remained steady and stood at 4% and 6%, respectively.

13. Cooperation between Member States

According to Directive 2006/22/EC, Member States are obliged to undertake not less than six concerted roadside checks per year with at least one other Member State. Six Members States did not provide information on concerted checks, which is interpreted as non-fulfilment of this requirement. In this context, only half of Member States reached the threshold of the minimum number of concerted checks, which shows deterioration in comparison with the previous period not only in terms of reporting quality but as well in the amount of international initiatives undertaken. Cooperation between Member States remains mostly between neighbouring Member States. Furthermore, almost half of Member States indicated that the collaboration; in terms of concerted checks and/or exchanges of experience, data, staff, takes place within the framework of Euro Contrôle Route (ECR). Moreover, it was noted by several Member States that ECR has proved useful in exchanging information regarding best enforcement practice, new technologies and data exchange.

The cooperation between Member States based on concerted checks, joint training initiatives or exchanges of experience and information plays a crucial role in achieving the objectives of the social legislation in the road transport sector; i.e. improved level playing field, road safety and harmonisation of working conditions. Therefore, the European Commission will put forward solutions to promote and reinforce the cooperation between Member States by means of not only strengthened enforcement of rules in place but as well a possible proposal of complementary measures enabling achievement of this objective.

Table 3 – Overview of concerted checks undertaken by each Member State

Austria

Concerted checks:

6 concerted checks per year with ECR/TISPOL Member States.

Exchange of experience, data, staff

4 bilateral and 2 multilateral initiatives (involving 26 persons in bilateral initiatives and 8 in multilateral).

Subject of exchange: driving time checks, manipulation of recording equipment, technical checks and securing of loads.

Member States involved: ECR/TISPOL Member States.

Belgium

No data provided.

Bulgaria

In 2013:

6 joint checks with the Romanian Control Authority (ARR) carried out in Romania and Bulgaria.

In 2014:

Joint checks with the Romanian Control Authority (ARR) carried out in Romania and Bulgaria: 8 checks

Exchange of information on detected infringements committed by Bulgarian drivers in Germany, Hungary, Austria, Spain, Great Britain, Italy, Latvia, Romania, Slovenia.

Croatia

No data provided.

Cyprus

In 2014 an officer of the Department for Labour Inspection attended a conference concerning the new Regulation (EU) No 165/2014 in Ispra, Italy.

Czech Republic

In 2013:

Inspectors were involved in 3 multilateral concerted checks organized by ECR, 1 trilateral organized also by ECR, 5 bilateral concerted checks with Germany, 2 with Slovakia, 1 with Hungary and 1 with Poland.

Inspectors attended 3 ECR workshops and 2 meetings of expert groups.

In 2014:

Inspectors were involved in 2 multilateral concerted checks organized by ECR, 1 trilateral organized also by ECR, 5 bilateral concerted checks with Germany, 1 with Slovakia and 1 with Hungary.

Inspectors attended 3 ECR workshops and 3 meetings of expert groups.

Denmark

The National Police participated in concerted checks organised by TISPOL – frequency not indicated.

Estonia

In 2013:

2 concerted roadside checks with the Latvian Police and 2 concerted roadside checks with the Finnish Police.

In 2014:

2 concerted roadside checks with the Latvian Police and 1 with the Finnish Police.

2 multilateral concerted checks with Finland, Latvia and Lithuania.

Finland

Sweden and Norway regularly send reports to Finland concerning Finnish drivers and undertakings that have committed offences against regulations on driving and rest times in the territory of the States concerned. The data is supplied to the Occupational Safety and Health Inspectorate carrying out checks in undertakings.

France

Participation in 8 ECR concerted checks in 2013 and 8 in 2014 on the subject of cabotage, ADR, tachograph fraud, technical checks and securing of loads.

In 2013 and 2014 France organised cooperation sessions on bilateral exchange with Germany (gathering 16 to 18 participants from both Member States) and multilateral cooperation sessions (gathering controllers from ECR Member States).

France participated in multilateral exchanges organised by ECR Member States; i.e. in 2014 in the Netherlands, the United Kingdom and Poland).

Attendance at TISPOL/ECR Master Class on tachograph fraud at least once a year by 2 controllers.

Germany

5-6 ECR coordinated checks each year with the inspecting officers from France, Austria, the Netherlands, the Czech Republic and Poland (duration 1 week), focus on social legislation in the road transport sector, technical roadside inspections and load restraints.

10-15 exchanges of experience under ECR, TISPOL per year, in which 2-10 inspectors participate.

Greece

No information provided.

Hungary

In 2013:

Multilateral controls (Slovakia, Poland and Germany) in the framework of Hungary-Czech Republic cooperation in Pardubice and Zlin, Czech Republic.

Participation in ECR exchanges in Leiden, Metz.

Attendance at the TISPOL/ECR Master Class on tachograph manipulation in Osnabrück.

3rd Central European regional roadside check action in Zala County in June with the participation of Austria, Czech Republic, Croatia, Romania, Slovenia and Slovakia.

2 bilateral controls with Slovenia and 1 with Austria.

ECR exchange programme in Budapest with participation of 23 experts from Austria, Slovakia and Romania in September.

In 2014:

Multilateral controls (Slovakia, Germany, Poland) in the framework of Hungary-Czech Republic cooperation (May in Mala Lucivna, Slovakia).

3 bilateral controls undertaken with Slovenia and 1 with Romania

2 regional roadside check events with the participation of several Member States (Poland, Slovakia, Romania in April and Poland, Czech Republic, Slovenia, Croatia, Germany in June).

Participation in ECR exchanges (Pula, Wroclaw, Metz and Bedford).

Attendance on two occasions at the TISPOL/ECR Master Class on tachograph manipulation in Osnabrück.

Ireland

9 concerted checks in 2013 and 2 concerted checks in 2014 with Northern Ireland and the United Kingdom.

Attendance at exchange programmes organised by the Dutch, French, and Hungarian Authorities (6 officers attended).

Biannual meetings between senior management personnel from VOSA and RSA and a project group on maximising the benefits of coordinated enforcement agreed terms of reference between Republic of Ireland, Northern Ireland and the United Kingdom was set up reviewing compliance and other matters relating to road safety. The group produced a recommendations document which is currently being implemented.

Participation in ECR working group meetings in relation to training and enforcement practice.

Italy

During 2014, the Traffic Police, as part of the activities organised by TISPOL took part in joint European checking and safety campaigns on the carriage of goods and passengers aimed at reducing the number of victims of road accidents as part of the European Action Plan 2011-2020. These joint international operations to combat offences and conduct 'thematic' campaigns last a week.

Moreover, during 2014, the Traffic Police Service, during the six-month Presidency of the Council of the European Union, proposed and coordinated a joint operation named TENT-IT, from 28 November to 5 December 2014, with the aim of carrying out checks on Europe's road networks, paying particular attention to trans-European corridors, to ensure safety by means of a wide-ranging campaign at both national and European level targeting professional road haulage, particularly of dangerous goods, and passenger transport.

During the TENT-IT operation, 8 217 heavy vehicles (HGVs and buses) were checked, 1 249 of which were registered abroad; 1 575 offences against national and EU legislation specific to road transport were detected, along with 1 425 violations of the Highway Code. In addition, 31 criminal offences were detected in the course of the operation.

Latvia

10 concerted roadside checks with Lithuania in 2013 as well as 8 concerted roadside checks with Lithuania and 3 checks with Estonia in 2014.

Participation in CORTE Enforcement working group.

Lithuania

In 2013:

18 joint vehicle-checking exercises with officials from the Polish and Latvian inspectorates. Joint checks were carried out with Polish officials in the Kalvarija (LT) – Budzisko (PL) border zone, and with officials from the Latvian inspection body in the Salociai (LT) – Grenctāle (LV), Smėlynė (LT) – Medumi (LV), Obeliai (LT) – Subate (LV), Būtingė (LT) – Rucava (LV) and Kalviai (LT) – Meitene (LV) border zones.

4 joint inspections with ECR Member States of freight and passenger vehicle.

In 2014:

18 joint vehicle-checking exercises with officials from the Polish and Latvian inspectorates. Joint checks were carried out with Polish officials on the Kalvarija (LT) – Budzisko (PL) border section, and with officials from the Latvian inspection body on the Salociai (LT) – Grenctāle (LV), Smėlynė (LT) – Medumi (LV), Obeliai (LT) – Subate (LV), Būtingė (LT) – Rucava (LV) and Kalviai (LT) – Meitene (LV) border sections.

8 joint checks with ECR Member States of freight and passenger vehicles.

Luxembourg

In 2013:

The Customs and Excise Administration undertook: 19 checks with various ECR Member States à Dudelange- -Zoufftgen, 5 checks Benelux in Sterpenich (LU-BE-NL), 3 checks LU-DE near Trèves (Markusberg, DE), 1 exercise Interregio (LU-DE), 3 exercises BENEFRALUX (LU-BE-NL-FR), 2 operations Hazeldonk (LU-BE-NL), 1 operation BFL Grande Région (LU-BE-FR).

In 2014:

The Grand-Ducal Police undertook 6 concerted checks in Saarland (DE), Wittlich (DE) and Wasserbillig (LUX).

The Customs and Excise Administration undertook: 7 checks with various ECR Member States in Dudelange-Zoufftgen, 3 checks LU-DE near Trèves (Markusberg, DE), 1 exercise Interregio (LU-DE), 2 exercises BENEFRALUX (LU-BE-NL-FR), 2 operations Hazeldonk (LU-BE-NL), 1 operation BFL Grande Région (LU-BE-FR), 1 operation GrenzAG II (LU-DE).

The cooperation (checks, training, etc.) with other Member States usually takes place within the framework of ECR, TISPOL or bilateral and trilateral relations. The concerted checks were performed the most often with France, Belgium, Germany and the Netherlands.

4 multilateral exchanges and 3 workshops in 2013 and attendance at the TISPOL/ECR Master Class on tachograph manipulation in Osnabrück,

Malta

No concerted checks undertaken.

Netherlands

No data provided.

Poland

In 2013:

Participation in 8 ECR coordinated control weeks (focus on transport of dangerous goods, tempering with tachograph, technical checks, carriage of passengers and goods). During these concerted checks 26064 vehicles were controlled, resulting in 9348 infringements.

Attendance at two TISPOL/ECR Master Classes on tachograph manipulation in Osnabrück.

Participation in 5 trainings and inspectors exchanges with Member States such as the Czech Republic, Germany and Estonia.

In 2014:

Participation in 8 ECR coordinated control weeks (focus on cabotage, securing of loads, transport of dangerous goods, technical checks, recording equipment). During these concerted checks 18914 vehicles were controlled, resulting in 6360 infringements.

Attendance at two TISPOL/ECR Master Classes on tachograph manipulation in Osnabrück.

Participation in 13 trainings and inspectors exchanges with Member States such as Hungary, Romania, Germany, the Czech Republic, Estonia, Slovakia and Slovenia.

Portugal

No information provided.

Romania

In 2013:

7 concerted checks organised by ECR, with the Netherlands, France, Spain, Belgium, Austria, Poland, Hungary, the United Kingdom, Bulgaria, Ireland, Lithuania, Latvia, Czech, Slovenia.

4 multilateral exchanges of experience organised in France, (Metz), Hungary (Budapest and Miskolc) and the Netherlands (Leiden) under the aegis of ECR.

3 ECR workshops organised in Germany (Koln) and twice in Belgium, (Brussels).

1 master class organised by ECR in Germany (Osnabruck).

1 regional roadside check organised in Hungary (Zaa).

In 2014:

8 concerted checks organised by ECR, with the Netherlands, France, Spain, Belgium, Austria, Poland, Hungary, the United Kingdom, Bulgaria, Ireland, Lithuania, Latvia, Czech, Slovenia.

2 multilateral exchanges of experience organised in Croatia (Pula) and Hungary (Miskolc) under the aegis of ECR.

4 workshops organised in Germany (Koln), Belgium (Brussels), and Serbia (Belgrade) under the aegis of ECR and European workshop on cargo securing and technical roadside inspections in Hungary (Szeged) and assisted by representatives of the European Commission.

1 bilateral exchange Romania-Hungary organised by Romania at Nagylac border.

Slovakia

In 2013 and 2014 concerted checks were carried out with the Czech Republic (7 times), Hungary (4 times) and Poland (1 time). Checks with the Czech and Polish partners focused on monitoring of social legislation in road transport and with Hungary on detecting any tampering with the recording equipment.

The National Labour Inspectorate organised in 2014 the multilateral checks of social legislation in the transport sector with the participation of Slovakia, the Czech Republic, Hungary and Poland. The multilateral inspection was attended by 30 participants, carrying out controls at three checkpoints.

Slovenia

3 concerted checks with Hungary in 2013 and 2 in 2014, 3 concerted checks each year with Croatia. Active observer in ECR. In years 2013 and 2014 inspectors participated in organised concerted checks in other Member States such as Hungary, the Netherlands, Spain and Germany.

Spain

11 ECR coordinated controls (5 in 2013 and 6 in 2014 on driving and resting times, tachograph, dangerous goods, overloading, bus transport and cabotage.

Sweden

No information provided.

United Kingdom

7 concerted checks in 2013 and 8 in 2014 held in conjunction with ECR members including Austria, Belgium, Bulgaria, the Czech Republic, France, Hungary, Lithuania.

Exchange visits during 2013/14 - 3 in the Netherlands, France and Poland.

Exchange workshops on various subjects including ADR, Load Security (Brussels and Sveged).

Attendance at 2 TISPOL/ECR Master Class on tachograph manipulation in Osnabrück and 2 on cabotage as well as a further workshop on Regulation 3821/85.

Hosting a multi-lateral exchange at Cardington for 15 delegates from across Europe, this also included three for UK examiners in order to share experiences and working practices.



14. Penalties

Article 19 of Regulation (EC) No 561/2006 sets out that Member States shall lay down rules on penalties that are to be effective, proportionate, dissuasive and non-discriminatory. Member States shall notify the Commission of these measures and the rules on penalties. For the current report, the Commission has been notified of the following:

In 2014 Belgium and France introduced into their national legislation25 a prohibition of spending the regular weekly rest periods on board a vehicle and established sanctions for violation of these provisions. In France the penalty of up to one years' imprisonment and the fine of up to €30 000 might be imposed on the transport undertaking for organisation of work of its employees in such a way that the regular weekly rest period is not taken outside the vehicle. Belgium introduced an administrative fine for taking the regular weekly rest period aboard the vehicle, which amounts to €1 800. In Belgium, the infringement can only be deduced from practical circumstances in the moment the infringement is being committed. There is no retroactive proof required for previous rest periods.

Other changes of national penalty systems include implementation of the guarantee money system in Latvia. On the basis of the information submitted, the system requires that in case of road transport infringements, a foreign driver pays the guarantee money in a maximum amount of foreseen fine on the spot. In the contrary case, the vehicle might be immobilised and the driver stopped. When the decision on the amount of fine is taken then the Latvian authorities would repay the money. It is as well possible to pay a fine on the spot.

Italy established new procedures for implementing the precautionary measure of administrative confiscation and the accessory penalty of immobilising a vehicle. Luxembourg introduced the obligation to pay fines (from €145 to €250) on the spot for the infringements classified as minor and serious by the EU legislation.

In addition, following Regulation (EU) No 181/2011 concerning the rights of passengers in bus and coach transport entailed the introduction of new penalties in Bulgaria.

15. Exceptions granted by Member States

According to Article 13 of Regulation (EC) No 561/2006, Member States may grant exceptions from the application of provisions on driving times, breaks and rest periods, provided that certain specific conditions are met and that the overall objectives of the Regulation are not prejudiced. Member States are obliged to inform the Commission of the exceptions granted.

Following the update in May 2016, the list of exceptions has been completed by information provided from Bulgaria, Luxembourg, Romania and Slovenia. The majority of updates were due to the update regarding the extension of the distance travelled from 50 km to 100 km in Article 13 (1) (d), (f), (g), which is the result of the modification through the tachograph Regulation. The same up-to-date information is also available on the Commission's website.

https://ec.europa.eu/transport/sites/transport/files/modes/road/social_provisions/driving_time/doc/national_exceptions_regulation_2006_561.pdf.

National exceptions Regulation (EC) No 561/2006

Austria

Belgium

Bulgaria

Croatia

Cyprus

Czech Republic

Denmark

Estonia

Finland

France*

Germany

Greece

Hungary

Ireland

Italy

Latvia

Lithuania

Luxembourg

Malta

Netherlands

Poland

Portugal

Romania

Slovakia

Slovenia

Spain

Sweden

United Kingdom

13.1 a: non-competing public authorities1

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X1

13.1 b: agricultural etc. own activity 100 km2

X

X

X

X

X

X

X

X2

X

X2

X

X

X

X

X

X

X

X

X

X

X2

X2

X

X2

13.1 c:agricultural/forestry tractors 100 km3

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X3

X

X

X

13.1 d: 7,5 tons universal services 100 km4

X4

X4

X4

X4

X4

X4

X4

X

X4

X

X4

X4

X4

X4

X4

X4

X4

X

X4

X

X4

X4

13.1 e: operating on islands 2300 square km5

X

X

X

X

X

X5

X

X

X

X

X

X5

X

X

13.1 f: 7,5 t 100 km gas/ electricity6

X6

X6

X6

X6

X6

X6

X

X6

X

X6

X6

X6

X6

X

X6

X

13.1 g: instruction/ examination driving licence/CPC7

X

X

X

X

X

X

X

X

X7

X

X

X7

X

X

X

X

X

X

X

X

13.1 h: sewerage/flood protection/water etc8

X8

X

X

X

X

X

X

X

X8

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

13.1 i: non-comm. passenger transp. between 10-17 seats9

X

X

X

X

X

X

X9

X

X9

X

X

X

X

X

X

X

X

X

X

13.1 j: circus/funfair10

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X10

X

X

13.1 k: mobile projects for education

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

13.1 l: milk/animal feed from/to farms11

X11

X

X

X

X

X

X11

X

X11

X11

X

X

X

X11

X11

X

X

X

X

X

X

X11

X

X

13.1 m: transporting money/ valuables12

X12

X

X

X

X

X

X

X

X

X

X

X12

X

X

X

X

X

X

X

X

X

13.1 n: animal waste or carcasses13

X

X

X

X

X

X

X

X

X13

X

X

X

X

X

X

X

X

X

X

X

X

13.1 o: hub facilities14

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X14

X

X

X

X

X

X

13.1 p: live animals farms - markets and vice versa100km15

X

X15

X15

X15

X15

X15

X15

X15

X

X15

X

X15

X15

X15

X15

X15

X

X15

X

X15

X15

X

* This Member State failed to provide updated information.

1.The following Member State introduced additional restrictions:

a.The United Kingdom: a vehicle does not fall within the description specified unless the vehicle:                            

(a) is being used for the provision of ambulance services- (i) by a relevant National Health Service (NHS) body, or (ii) in pursuance of arrangements made by or at the request of a relevant NHS body, or made with the Secretary of State or with the Welsh or Scottish Ministers;

(b) is being used for the transport of organs, blood, equipment, medical supplies or personnel - (i) by a relevant NHS body, or (ii) in pursuance of arrangements of the kind mentioned in paragraph (a)(ii)

(c) is being used by a local authority to provide, in exercise of social services functions - (i) services for elderly people, or (ii) services for persons to whom section 29 of the National Assistance Act 1948 (welfare arrangement for physically and mentally handicapped persons) applies;

(d) is being used by Her Majesty's Coastguard, a general lighthouse authority or a local lighthouse authority;

(e) is being used for the purpose of maintaining railways by the British Railways Board, any holder of a network licence (within the meaning of Part 1 of the Railways Act 1993) which is a company wholly owned by the Crown (within the meaning of that Act), Transport for London, any wholly owned subsidiary of Transport for London, a Passenger Transport Executive or a local authority

(f) is being used by the British Waterways Board for the purpose of maintaining navigable waterways

2.The following Member States introduced additional restrictions:

a.Estonia - within a radius of 50 km of the place where the vehicle is usually based, including towns within this area

b.France - only vehicles or combinations of vehicles up to 7,5 tonnes and only within a radius of 50 km

c.Slovenia – within a radius of up to 50 km

d.Spain – agriculture etc. own activity within a range 50 km

e.The United Kingdom - a vehicle which is being used by a fishery undertaking does not fall within the description specified unless the vehicle is being used:

(a) to carry live fish, or

(b) to carry a catch of fish from the place of landing to a place where it is to be processed

3.The following Member States introduced additional restrictions:

a.Slovenia - within a radius of up to 50 km

4.The following Member States introduced additional restrictions:

a.Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Finland, France, Hungary, Italy, Latvia, Lithuania, Luxembourg, the Netherlands, Poland, Portugal, Slovakia, Spain – within a radius 50km

b.The United Kingdom – vehicles between 3.5 - 7.5 tonnes used by universal service providers within a 50 km radius of the base of the undertaking require a tachograph

5.The following Member States introduced additional restrictions:

a.France - operating on islands 400 square km

b.Spain – operating on islands 250 square km

6.The following Member States introduced additional restrictions:

a.Croatia, Cyprus, Czech Republic, Estonia, Finland, France, Hungary, Lithuania, Poland, Portugal, Slovakia, Spain – within a radius 50km

7.The following Member States introduced additional restrictions:

a.Italy - it refers only to the obligation of equipping and using tachograph

b.Luxembourg - exception only for the (learning) driver, instructor must respect Regulation (EC) No 561/20006

8.The following Member States introduced additional restrictions:

a.Austria:

(a) vehicles used by the regional authorities’ road construction offices and driven by employees of the provinces or municipalities are entirely exempted

(b) vehicles used in connection with sewerage, flood protection, water, gas and electricity supply, telegraph and telephone services, radio and television broadcasting, and the detection of radio or television transmitters or receivers are entirely exempted where driving of vehicles does not constitute the driver’s main activity

(c) vehicles used by household refuse collection authorities are exempted only from the rules on breaks under Article 7 of Regulation (EC) No 561/2006

(d) vehicles used in winter by road construction offices, where not covered by the exemption under point 9 a.(a), are exempted only from the rules on breaks under Article 7 of Regulation (EC) No 561/2006

b.France - for door-to-door household refuse collection and disposal, only within a radius of 100 km

9.The following Member States introduced additional restrictions:

a.Estonia - owner/authorised user of a vehicle with 10-17 seats who is a parent of 4/more children, respective entry made on a registration certificate of the vehicle and the vehicle is used for non-commercial passenger transport

b.France - not for the transport of children

10.The following Member State introduced additional restrictions:

a.Spain - only when own activity

11.The following Member States introduced additional restrictions:

a.Austria - vehicles used to collect raw milk from farms exempted only from the rules on breaks under Article 7 of Regulation (EC) No 561/2006

b.Estonia, Latvia and Lithuania, as of 1/01/2008, mutually apply the exception from Articles 5 to 9 to vehicles used for milk collection from farms,...etc., only in cases where the service radius does not exceed 100 km

c.France - within a radius of up to 150 km of the base of the undertaking

d.Germany – within a radius of 100km

e.Spain – milk/animal feed from /to farms within a range 100 km

12.The following Member States introduced additional restrictions:

a.Austria – exception only from the rules on breaks under Article 7 of Regulation (EC) No 561/2006

b.Ireland - vehicles specially designed for mobile banking, exchange and saving transactions

13.The following Member State introduced additional restrictions:

a.Germany - within a radius of up to 250 km of the base of the undertaking

14.The following Member State introduced additional restrictions:

a.The Netherlands – on or between hub facilities within a range of 5 km

15.The following Member State introduced additional restrictions:

a.Belgium, Croatia, Cyprus, Czech Republic, Estonia, Finland, France, Hungary, Latvia, Lithuania, the Netherlands, Poland, Portugal, Slovakia, Spain, Sweden – within a radius 50km

16. Comments and proposals

Finland reiterated that it would be better to target inspections at high-risk undertakings rather than perform checks on the basis of extensive representative sample aiming at achievement of quantitative objectives. In the same context, Ireland indicated that conducting inspections at premises is a priority due to their better effectiveness for ensuring compliance. The enforcement practice is to prosecute operators for offences committed by drivers. Lithuania drew attention to recurrent problems linked to Commission Decision 2009/959/EU26 as economic operators use the form attesting to periods of driver activity to conceal actual drivers' activities. Drivers arriving to Lithuania from other Member States often submit a form stating they were on leave or resting. These practices render verification whether a driver residing in another country has submitted a form attesting to actual driver activity very complicated.

In addition, Italy reported that during checks, inspectors frequently encounter a situation when an operator fails to present the discs of tachographs, thereby preventing the detection of infringements against the rules on driving time and rest periods.

In the light of the possible revision of the social legislation in road transport, Slovakia put forward amendments to the provisions of Regulation (EC) No 561/2006, which are considered the most problematic; namely regular weekly rest period, the total accumulated driving time during consecutive weeks and taking a new daily rest period within a period of 24 hours after the end of the previous rest period. These proposals will be duly evaluated by the Commission services in the framework of the impact assessment phase, which aims at definition of potential solutions and assessments of their impacts.





17. Interpretation of Regulation (EC) No 561/2006 and Directive 2002/15/EC

In the recent years the Court of Justice of the European Union shed light on interpretation of Regulation (EC) No 561/2006 by means of the following preliminary rulings:

17.1. Judgment of the Court of Justice of 19 October 2016 in case C-501/14

The case concerns the immobilisation of a vehicle if the driver, and not the undertaking, has been found liable for the incident. Regulation (EC) No 561/2006 on the harmonisation of certain social legislation relating to road transport states that both transport undertakings and drivers are subject to specific obligations and can thus be made liable for infringement of their respective obligations. The question submitted by a Hungarian Court was whether in case only the driver was found liable and not the transport undertaking, the national authority can still immobilise the vehicle, preventing not only the driver in question but also all other potential drivers from using the vehicle.

The ECJ stated that it is clear from Article 19 of the above Regulation that both transport undertakings and drivers are subject to specific obligations and can therefore both be held liable for infringements of their respective obligations.

The Court furthermore underlined that Article 21 of the Regulation expressly refers to "immobilisation" as a possible measure, in case the infringement is serious and some time is needed to remove the cause of the infringement. As regards the nature of the sanctions and measures to be taken by Member States, they have a wide discretion to take action which suits best the specific circumstances. The Regulation does not provide for any harmonisation in this respect. However, the ECJ underlined that Article 19 (1) of Regulation 561/2006 contains provisions resulting from general principles of law: penalties must be effective, proportionate, dissuasive and non-discriminatory.

The Court went on applying these criteria to the case in question. It concluded that the immobilisation of the vehicle is a disproportionate measure where only the driver, and not the road transport undertaking, was found liable for the offence committed. It justified this finding by the fact that alternative measures imposed on the driver in question – withdrawal, suspension or restriction of driver's license – would have been equally effective in order to ensure the payment of the fine. Such an alternative measure would prevent the driver from driving whilst would allow the vehicle in question to be used by other drivers.

17.2. Order of the Court of Justice of 18 February 2016 in case C‑325/15

Another preliminary question was raised regarding this time the interpretation of Article 8(8) of Regulation (EC) No 561/2006. This Article provides that, if a driver chooses to do so, the daily rest period and the reduced weekly rest periods taken away from base may be taken aboard the vehicle, provided that it has suitable sleeping facilities for each driver and that it is stationary. The referring court was seeking to find out whether this Article precludes national legislation which lays down the conditions under which the driver of a vehicle may claim the reimbursement of accommodation costs incurred in the course of his employment.

The Court of Justice stated that the Regulation does not contain any provision relating to allowances that such drivers may be entitled to in the course of their employment and the wording of the provision concerns only the organisation of certain rest periods for drivers while they are working, not compensation for those rest periods. Therefore the question was answered in negative.

17.3. Judgment of the Court of Justice of 9 June 2016 in case C-287/14

The case concerns the principle of liability and in particular the driver’s liability for infringements of the obligation to use tachograph. The referring court asked whether Article 10(3) of Regulation (EC) No 561/2006 should be interpreted as precluding national legislation, which instead of or in addition to the transport undertaking employing the driver, holds the driver liable for infringements of that Regulation which he himself committed. The Court stated that Member States are entitled to lay down a system of liability of drivers for infringements of the Regulation, and that they have a broad discretion as regards the nature of the applicable penalties. In this context, Member States may establish provisions allowing penalties to be imposed, exclusively of otherwise, on drivers.

17.4. Pending requests for a preliminary ruling

The request for a preliminary ruling was lodged by the Belgian court on 19 February 2016 (C-102/16) on the interpretation of Article 8(6) and (8) of Regulation (EC) No 561/2006. The question is whether the regular weekly rest period may or may not be taken by the driver inside the vehicle. If the answer to this question is negative, then it is requested to establish whether Member States can lay down a prohibition in their national law on the drivers spending their regular weekly rest periods inside a vehicle.

As regards Directive 2002/15/EC, the question from the Spanish court was referred (C-97/16) to the European Court of Justice on definition of “mobile worker” and in particular whether persons providing a transport service by virtue of administrative authorisations of which they are the holders, carried out using vehicles of which ownership of direct power of disposal in them can be regarded as “mobile workers”. Furthermore, the referring court seeks to establish whether Article 3(e) of the Directive should be construed as meaning that, if none or only one of the criteria laid down for a person to be regarded as “self-employed driver” is fulfilled, the view must be taken that the person concerned is a “mobile worker”.



18. Monitoring and control arrangements of Directive 2002/15/EC in Member States

The majority of Member States restated that they have an enforcement system in place that enables them to carry out checks on compliance with working time provisions. Various national bodies are responsible for monitoring working time rules in Member States. The following bodies in charge of checks can be enumerated: labour protection inspectorates, police, health and safety offices, road safety authorities, road transport administration and road transport departments of competent ministries in charge of transport or labour policies.

Member States carry out their checks as part of routine controls at premises of undertakings, at roadside in collaboration typically with police force or targeted checks on the basis of obtained data indicating potential irregularities. The checks on working time seem to go hand in hand with checks on the social rules in most Member States. Sweden informed that the method used for monitoring compliance with the Directive is a "desk inspection" in which the records of hours worked is requested from employers and self-employed drivers. On the basis of information provided, a dialogue is being established with an employer or a self-employed driver to ensure the good understating of the rules and that the necessary measures to follow them are taken. In case the communication does not result in the change of the behaviour, injunctions might be issued or bans imposed, possible in conjunction with fines to increase compliance with the rules.

19. Issues in relation to enforcement of Directive 2002/15/EC

Various problems were brought up in relation to performing controls of compliance with working time rules. Recurrent issues of complexity, length and labour intensity of control procedures were mentioned. Ireland reported that prosecuting a case relating to working time by Road Safety Authority is significantly more onerous and complex than for driver's hours and tachograph related infringements.

United Kingdom noted that working time records are not checked at the roadside due to the fact that 17 weeks of records are not required to be held in the vehicle. Moreover, Greece pointed out that certain provisions of this Directive overlap with those of Regulation (EC) No 561/2006, which is a source of problems for businesses and workers.

Slovenia and Cyprus referred to the difficulty of enforcing the rules in cases when drivers drove alternately vehicles with analogue tachograph, digital tachograph and vehicles exempted from the use of recording equipment. Checks should be carried out by comparing data records which might be in forms of analogue tachograph record, digital data and other manual records or forms. The drivers who are employed in several undertakings present additional difficulty during checks.

Some supervision problems occurred for passenger bus transport in Estonia when the length of the line between its start and end point is less than 50 km (almost 60% of all rural lines). Due to the lack of obligation to use tachographs, the check of work and rest times on these lines; both on lines providing service under public service agreements and on commercial lines, is substantially difficult. In such case, the check is based on the work schedules, which might be easily manipulated. In addition, there is no possibility to identify exhausted drivers and exclude them from the road traffic. Therefore, it is planned to introduce as of 1 January 2020 the requirement to use tachographs also on lines under 50 km for the vehicle registered after 1 May 2006.

On the other end, Germany and Lithuania informed that no difficulties were encountered when implementing the Directive.

20. Statistics on checks

Checks in carriage of passengers

Checks in carriage of goods

TOTAL

Bulgaria

4,424 checks

Czech Republic

719 inspections

France

1069 drivers

8833 drivers

9,902 drivers

4,784 transport operators

Greece

4,072 inspections

Luxembourg

399 working days checked

28,665 working days checked

29,064 of working days checked

Poland

- 1,097 checks of weekly working time (5,368 drivers checked)

- 871 checks of break

(4,496 drivers checked)

- 1,109 checks of night work

(5,322 drivers checked)

Spain

1,794 interventions for working time

365 interventions for overtime

21. Statistics on infringements

Offences in carriage of passengers

Offences in carriage of goods

TOTAL

Austria

176:

- 21 weekly working time

- 155 break

3825:

- 457 weekly working time

- 3368 break

4,001

Bulgaria

1,607 infringements of working time

Cyprus

8,252 infringements:

-7,761 – break

- 387 – night wok

- 93 - maximum weekly working time

- 11 – average weekly working time

Czech Republic

310 infringements:

- 123 - breaks

- 93 - rest periods between shifts

- 94 - length of shifts

France

186 infringements

4130 infringements

4,316 infringements:

- 2,124 - night work

- 41 - weekly working time

Greece

182 prosecutions

638 fines

Ireland

1 initiated prosecution

Poland

- 160 – weekly working time (357 drivers)

- 135 break (239 drivers)

   - 664 night work (2,281 drivers)

Spain

154 offences for working time

32 offences for overtime

Finland informed that statistical data will be submitted with the next report for the period 2015-2016.

22. Stakeholders' views on implementation of Directive 2002/15/EC in Member States

In Ireland, both employer and employee organisations were of an opinion that the Directive contributed to the health and safety protection of drivers. Nevertheless, Ireland pointed out difficulties with getting a broad scope of views as a vast majority or drivers and a bulk of operators are not represented by trade unions and trade associations respectively.

There are two Member States, namely Ireland and Malta, where consulted parties considered that their geographic specificities should have been taken into account by enforcement authorities. The latter country highlighted the risks of ambiguous interpretation in relation to periods of availability when drivers were waiting for loading and unloading. Operators feel that the definition should be reworded, due to the fact in practical terms this is impossible to ascertain since the period regarded as "availability" in most cases could not be determined beforehand.

Consulted employers from Ireland and trade unions from Slovenia called for an effective and suitable enforcement of the Directive.



23. Statistics on minimum checks to be carried out

The table below illustrates the required minimum number of working days to be checked as well as the actual number of working days Member States have checked at the roadside and at premises.

Member States

Minimum checks (3%) for 2013-2014

NUMBER OF WORKING DAYS CHECKED

Total

At roadside

At premises

% at roadside

% at premises

AT

1,408,320

5,256,081

4,484,002

772,079

85%

15%

BE

1,449,798

1,624,048

1,144,761

479,287

70%

30%

BG

1,885,223.88

9,199,207

4,850,274

4,348,933

53%

47%

HR

652,968.00

533,153

161,709

371,444

30%

70%

CY

216,000

227,720

118,535

109,185

52%

48%

CZ

1,491,608.85

3,804,589

2,932,796

871,793

77%

23%

DK

660,000

714,935

445,935

269,000

62%

38%

EE

204,600

212,459

81,182

131,277

38%

62%

FI

1,114,555

1,444,096

900,410

543,686

62%

38%

FR

6,734,194

30,343,701

26,521,082

3,822,619

87%

13%

DE

8,994,240

36,043,663

31,574,800

4,468,863

88%

12%

EL

2,239,703

347,170

229,082

118,088

66%

34%

HU

1,528,209

3,363,655

2,830,268

533,387

84%

16%

IE

1,042,300

1,437,556

253,376

1,184,180

18%

82%

IT

8,738,028

9,601,942

6,977,619

2,624,323

73%

27%

LV

409,141

992,433

310,461

681,972

31%

69%

LT

816,102.00

785,028

313,617

471,411

40%

60%

LU

159,071

237,881

144,907

92,974

61%

39%

MT

1,080

2,245

1,092

1,153

49%

51%

NL

1,711,394

1,375,551

1,101,739

273,812

80%

20%

PL

6,910,501

10,374,510

6,735,135

3,639,375

65%

35%

PT

816,437

1,783,128

1,180,637

602,491

66%

34%

RO

2,675,400

10,640,973

9,114,192

1,526,781

86%

14%

SK

504,076

588,168

243,256

344,912

41%

59%

SL

445,776

579,605

354,431

225,174

61%

39%

ES

5,398,758

11,360,688

8,097,845

3,262,843

71%

29%

SE

1,029,600

1,633,893

1,227,926

405,967

75%

25%

UK

5,291,779

6,505,141

4,250,443

2,254,698

65%

35%

TOTAL

64,528,861

151,013,219

116,581,512

34,431,707

77%

23%



24. Statistics on number of working days checked at roadside

The table below illustrates the number of working days checked at the roadside by country of registration of vehicles

Member States

NUMBER OF WORKING DAYS CHECKED AT ROADSIDE

National vehicles

Non-national vehicles

Third countries vehicles

Total

AT

1,783,739

2,626,524

73,739

4,484,002

BE

329,131

776,992

38,638

1,144,761

BG

2,352,227

1,202,722

1,295,325

4,850,274

HR

87,461

25,350

48,898

161,709

CY

117,084

1,451

0

118,535

CZ

1,679,082

1,149,099

104,615

2,932,796

DK27

275,820

170,115

No data

445,935

EE

69,740

9,450

1,992

81,182

FI

744,604

77,000

78,806

900,410

FR

10,244,725

15,919,243

357,114

26,521,082

DE

18,540,350

11,636,523

1,397,927

31,574,800

EL

200,654

21,025

7,403

229,082

HU

2,013,172

679,728

137,368

2,830,268

IE

245,800

6,387

1,189

253,376

IT

6,086,606

799,837

91,176

6,977,619

LV

201,832

82,772

25,857

310,461

LT

194,070

54,147

65,400

313,617

LU

43,913

99,953

1,041

144,907

MT

336

756

0

1,092

NL

628,923

447,992

24,824

1,101,739

PL

4,522,631

1,329,894

882,610

6,735,135

PT

1,146,105

34,473

59

1,180,637

RO

7,240,424

1,390,488

483,280

9,114,192

SK

117,733

115,522

10,001

243,256

SL

127,491

49,335

177,605

354,431

ES

6,979,488

1,080,633

37,724

8,097,845

SE

745,198

463,445

19,283

1,227,926

UK

2,144,853

2,026,294

79,296

4,250,443

TOTAL

68,863,192

42,277,150

5,441,170

116,581,512





25. Statistics on checks at roadside by the number of drivers checked at roadside by country of registration and type of carriage

Member States

ROADSIDE CHECKS

Number of drivers checked by country of registration

Number of drivers checked by type of carriage

Total drivers

Nationals

Non-nationals (EEA/CH)

Third countries

Carriage of passengers

Carriage of goods

AT

289,624

113,353

164,719

11,552

4,501

285,123

BE

103,567

44,378

57,064

2,125

8,026

95,541

BG

396,026

254,651

68,086

73,289

87,425

308,601

HR

6,332

3,435

838

2,059

1,764

4,568

CY

7,721

7,400

321

0

2,053

5,668

CZ

301,741

170,342

118,255

13,144

8,259

293,482

DK28

29,729

18,388

11,341

no data

1,524

28,205

EE

6,116

5,321

629

166

298

5,818

FI

68,527

54,901

5,498

8,128

1,661

66,866

FR

1,024,453

411,324

597,259

15,870

60,749

963,704

DE

1,937,601

1,156,382

689,441

91,778

39,506

1,898,095

EL

24,920

20,948

2,523

1,449

17,301

7,619

HU

101,081

71,899

24,276

4,906

8,864

92,217

IE

35,962

32,381

3,540

41

3,135

32,827

IT

644,798

562,802

72,152

9,844

21,228

623,570

LV

17,022

11,805

3,986

1,231

527

16,495

LT

77,548

43,170

17,845

16,533

4,408

73,140

LU

7,332

2,409

4,858

65

300

7,032

MT

39

12

27

0

0

39

NL

37,991

21,687

15,448

856

2,169

35,822

PL

724,366

496,987

106,412

120,967

125,892

598,474

PT

57,754

55,999

1,749

6

7,435

50,319

RO

621,746

497,964

86,848

36,934

145,178

476,568

SK

14,042

6,947

6,344

751

1,459

12,583

SL

21,450

8,227

2,372

10,851

2,312

19,138

ES

648,207

583,538

61,437

3,232

45,276

602,931

SE

43,608

25,194

17,628

786

1,034

42,574

UK

173,926

95,463

74,861

3,602

14,092

159,834

TOTAL

7,423,229

4,777,307

2,215,757

430,165

616,376

6,806,853



26. Statistics on checks at roadside by the number of vehicles stopped at roadside check by country of registration and type of tachograph

Member States

Number of vehicles checked

Nationals

Non-nationals

Total

Analogue

Digital

%

Analogue

%

Digital

AT

113,353

176,271

289,624

48,539

241,085

17%

83%

BE

21,871

39,214

61,085

20,915

40,170

34%

66%

BG

254,652

141,374

396,026

148,468

247,558

37%

63%

HR

3,103

2,710

5,813

4,580

1,233

79%

21%

CY

7,721

0

7,721

7,334

387

95%

5%

CZ

93,894

62,336

156,230

67,541

88,689

43%

57%

DK

No data

EE

5,321

795

6,116

3,396

2,720

56%

44%

FI

2,568

1,332

3,900

2,098

1,802

54%

46%

FR

405,843

553,058

958,901

160,110

798,791

17%

83%

DE

1,118,741

460,766

1,579,507

414,969

1,164,538

26%

74%

EL

20,948

3,972

24,920

18,092

6,828

73%

27%

HU

75,015

26,057

101,072

53,075

47,997

53%

47%

IE

32,381

3,581

35,962

17,718

18,244

49%

51%

IT

562,619

81,970

644,589

357,683

286,906

55%

45%

LV

11,805

5,217

17,022

9,573

7,449

56%

44%

LT

39,927

35,505

75,432

43,778

31,654

58%

42%

LU

2,393

4,848

7,241

1,250

5,991

17%

83%

MT

12

23

35

14

21

40%

60%

NL

21,687

16,304

37,991

16,368

21,623

43%

57%

PL

398,831

182,698

581,529

328,659

252,870

57%

43%

PT

48,096

1,904

50,000

31,617

18,383

63%

37%

RO

604,765

120,111

724,876

285,045

439,831

39%

61%

SK

6,876

6,994

13,870

3,815

10,055

28%

72%

SL

8,054

13,229

21,283

11,873

9,410

56%

44%

ES

476,653

60,227

536,880

196,929

339,951

37%

63%

SE

42,739

25,699

68,438

18,338

50,100

27%

73%

UK

95,462

78,464

173,926

92,116

81,810

53%

47%

Average

36%

64%



27. Statistics on checks at premises by the number of drivers, undertakings and working days checked at premises

Member

States

CHECKS AT THE PREMISES

Number of drivers checked

Number of undertakings checked

Number of working days checked

AT

13,012

1,807

772,079

BE

27,118

5,400

479,287

BG

155,319

11,594

4,348,933

HR

6,292

564

371,444

CY

1,264

568

109,185

CZ

8,331

1,116

871,793

DK

25,666

1,858

269,000

EE

3,074

219

131,277

FI

6,300

1,014

543,686

FR

92,722

11,352

3,822,619

DE

95,510

11,349

4,468,863

EL

5,835

4,072

118,088

HU

7,123

1,505

533,387

IE

9,133

906

1,184,180

IT

32,240

9,488

2,624,323

LV

3,449

391

681,972

LT

17,971

1,568

471,411

LU

2,294

118

92,974

MT

4

2

1,153

NL

9,779

1,414

273,812

PL

31,232

5,287

3,639,375

PT

14,164

1,151

602,491

RO

52,319

15,198

1,526,781

SK

6,403

895

344,912

SL

1,617

306

225,174

ES

116,206

21,277

3,262,843

SE

8,226

221

405,967

UK

3,369

36,966

2,254,698

Total

755,972

147,606

34,431,707



28. Table of number of undertakings, drivers checked and offences detected by size of the fleet of all Member States

Size of fleet

Number of undertakings checked

Number of drivers checked

Number of offences detected

AUSTRIA

1

211

611

581

2 - 5

552

1,944

1,815

6 - 10

389

2,502

2,336

11 - 20

330

3,172

2,926

21 - 50

233

2,788

2,739

51 - 200

87

1,828

1,826

201 - 500

3

84

104

Over 500

2

83

76

Total:

1,807

13,012

12,403

BELGIUM

1

1,961

1,879

2,130

2 - 5

1,801

4,616

4,305

6 - 10

790

4,759

4,220

11 - 20

454

5,161

4,808

21 - 50

309

6,879

5,333

51 - 200

84

3,449

2,227

201 -500

1

375

0

Over 500

0

0

0

Total:

5,400

27,118

23,023

BULGARIA

1

1,160

15,532

84

2 - 5

3,478

46,596

254

6 - 10

4,058

54,362

296

11 - 20

1,043

13,978

76

21 - 50

695

9,319

50

51 - 200

580

7,766

43

201 - 500

348

4,659

25

Over 500

232

3,107

16

Total:

11,594

155,319

845

CROATIA

CYPRUS

1

51

56

58

2 - 5

172

509

926

6 - 10

142

842

1,201

11 - 20

81

914

1,341

21 - 50

80

1,887

1,781

51 - 200

35

1,961

998

201 - 500

3

123

30

Over 500

0

0

0

Total:

564

6,292

6,335

Size of fleet

Number of undertakings checked

Number of drivers checked

Number of offences detected

CYPRUS

1

84

111

907

2 - 5

329

610

6,075

6 - 10

88

256

2,381

11 - 20

48

170

1,207

21 - 50

12

70

192

51 - 200

6

41

53

201 - 500

1

6

27

Total:

568

1,264

10,842

CZECH

1

264

321

334

REPUBLIC

2 - 5

430

1,541

3,320

6 - 10

172

1,511

3,184

11 - 20

131

1,786

7,239

21 - 50

80

1,804

12,829

51 - 200

36

1,169

4,301

201 - 500

3

199

218

Over 500

0

0

0

Total:

1,116

8,331

31,425

GERMANY

1

2,505

7,581

59,662

2 - 5

2,730

10,350

73,636

6 - 10

2,149

14,978

113,474

11 - 20

1,746

19,186

134,035

21 - 50

1,352

22,664

149,395

51 - 200

677

17,392

81,533

201 - 500

156

2,987

14,736

Over 500

34

372

1,407

Total:

11,349

95,510

627,878

DENMARK

1

476

652

19

2 - 5

578

3,114

165

6 - 10

296

3,326

208

11 - 20

252

5,117

567

21 - 50

216

5,255

638

51 - 200

34

5,513

472

201 - 500

6

2,689

117

Over 500

0

0

Total:

1,858

25,666

2,186

ESTONIA

1

4

4

7

2 - 5

62

259

116

6 - 10

49

310

188

11 - 20

49

585

403

21 - 50

43

962

833

51 - 200

12

954

191

201 - 500

0

0

0

Over 500

0

0

0

Total:

219

3,074

1,738

Size of fleet

Number of

undertakings checked

Number of drivers checked

Number of offences detected

SPAIN

1

6301

34422

6137

2 - 5

10472

57204

10113

6 - 10

2535

13854

2408

11 - 20

1237

6750

1224

21 - 50

513

2800

440

51 - 200

213

1166

203

201 - 500

6

10

2

Over 500

0

0

0

Total:

21,277

116,206

20,527

FINLAND

1

237

467

1,047

2 - 5

510

2,157

6,036

6 - 10

149

1,377

4,521

11 - 20

76

1,152

3,126

21 - 50

31

749

1,978

51 - 200

10

395

721

201 - 500

1

3

4

Over 500

0

0

0

Total:

1,014

6,300

17,433

FRANCE

1

913

1,261

604

2 - 5

1,929

5,732

2,328

6 - 10

1,676

9,048

4,336

11 - 20

2,063

14,046

4,771

21 - 50

2,432

26,831

5,193

51 - 200

2,055

27,271

2,953

201 - 500

246

6,934

399

Over 500

38

1,599

98

Total:

11,352

92,722

20,682

GREECE

1

683

683

13

2 - 5

1,032

1,609

44

6 - 10

735

1,035

23

11 - 20

689

978

9

21 - 50

545

964

4

51 - 200

388

566

15

201 - 500

Over 500

Total:

4,072

5,835

108

HUNGARY

1

388

406

54

2 - 5

586

1,416

446

6 - 10

97

965

1,380

11 - 20

172

1,541

1,121

21 - 50

154

1,523

1,214

51 - 200

66

480

206

201 - 500

8

580

84

Over 500

34

212

59

Total:

1,505

7,123

4,564

Size of fleet

Number of

undertakings checked

Number of drivers checked

Number of offences detected

IRELAND

1

40

197

357

2 - 5

126

464

860

6 - 10

328

1,897

2,408

11 - 20

235

2,555

4,919

21 - 50

135

2,592

3,633

51 - 200

36

1,027

1,193

201 - 500

5

278

63

Over 500

1

123

12

Total:

906

9,133

13,445

ITALY

1

2,290

2,496

11,059

2 - 5

3,690

8,210

35,081

6 - 10

1,854

6,955

26,908

11 - 20

1,010

7,043

20,144

21 - 50

504

4,891

11,277

51 - 200

129

2,579

29,230

201 - 500

8

63

56

Over 500

3

3

74

Total:

9,488

32,240

133,829

LATVIA

1

29

36

11

2 - 5

135

518

71

6 - 10

97

626

55

11 - 20

72

812

49

21 - 50

42

710

28

51 - 200

15

435

12

201 - 500

1

312

1

Over 500

0

0

0

Total:

391

3,449

227

LITHUANIA

1

95

100

207

2 - 5

309

938

3,641

6 - 10

384

2,742

2,232

11 - 20

563

7,878

3,643

21 - 50

152

3,085

1,987

51 - 200

54

1,446

1,558

201 - 500

11

1,782

808

Over 500

0

0

0

Total:

1,568

17,971

14,076

LUXEMBOURG

1

0

0

0

2 - 5

15

27

12

6 - 10

12

45

20

11 - 20

20

157

70

21 - 50

38

711

317

51 - 200

27

1,351

601

201 - 500

6

3

1

Over 500

0

0

0

Total:

118

2,294

1,021

Size of fleet

Number of

undertakings checked

Number of drivers checked

Number of offences detected

MALTA

NNETHERLANDS

1

0

0

0

2 - 5

0

0

0

6 - 10

0

0

0

11 - 20

1

2

9

21 - 50

0

0

0

51 - 200

1

2

40

201 - 500

0

0

0

Over 500

0

0

0

Total:

2

4

49

THE

1

513

513

2,351

NETHERLANDS

2 - 5

447

1,385

2,730

6 - 10

187

1,404

2,995

11 - 20

153

2,186

5,213

21 - 50

104

3,260

6,677

51 - 200

9

783

935

201 - 500

1

248

37

Over 500

0

0

0

Total:

1,414

9,779

20,938

POLAND

1

933

957

7,597

2 - 5

1,899

7,193

56,581

6 - 10

1,124

7,174

40,575

11 - 20

689

6,230

27,330

21 - 50

445

5,002

46,535

51 - 200

178

3,718

17,966

201 - 500

17

927

706

Over 500

2

31

17

Total:

5,287

31,232

197,307

PORTUGAL

1

100

107

6

2 - 5

442

1,187

43

6 - 10

209

2,267

24

11 - 20

127

881

16

21 - 50

118

1,152

52

51 - 200

104

8,127

7

201 - 500

27

364

3

Over 500

24

79

1

Total:

1,151

14,164

152

ROMANIA

1

7,777

5,902

690

2 - 5

4,662

7,381

1,265

6 - 10

1,043

4,365

506

11 - 20

732

5,209

397

21 - 50

593

7,942

363

51 - 200

321

16,205

232

201 - 500

63

5,144

53

Over 500

7

171

12

Total:

15,198

52,319

3,518

Size of fleet

Number of

undertakings checked

Number of drivers checked

Number of offences detected

SLOVAKIA

1

100

127

863

2 - 5

359

1,278

4,222

6 - 10

175

1,397

4,407

11 - 20

128

1,489

3,627

21 - 50

76

1,221

3,198

51 - 200

45

783

1,585

201 - 500

10

92

428

Over 500

2

16

83

Total:

895

6,403

18,413

SLOVENIA

1

21

28

86

2 - 5

120

368

1,437

6 - 10

71

423

1,093

11 - 20

42

281

1,493

21 - 50

35

387

1,181

51 - 200

15

116

442

201 - 500

2

14

0

Over 500

0

0

0

Total:

306

1,617

5,732

SWEDEN

1

10

35

123

2 - 5

71

530

1,468

6 - 10

42

629

1,901

11 - 20

42

1,287

3,897

21 - 50

45

3,248

8,087

51 - 200

11

2,497

6,485

201 - 500

0

0

0

Over 500

0

0

0

THE UNITED

Total:

221

8,226

21,961

KINGDOM

1

3,292

279

957

2 - 5

7,379

724

2,399

6 - 10

4,719

477

1,412

11 - 20

5,286

490

1,593

21 - 50

7,034

618

1,954

51 - 200

8,014

663

2,207

201 - 500

908

75

250

Over 500

334

43

96

Total:

36,966

3,369

10,868



29. Statistics on types of offences at roadside

Member States

TYPE OF OFFENCES AT THE ROADSIDE

Driving time

Breaks

Rest periods

28 days

record

Recording equipment

Incorrect functioning of recording equipment

Misuse of manipulation of recording equipment

Lack/

availability of records for other work

Total

AT

76,839

99,197

108,691

35,958

7,802

4,667

3,135

39529

368,016

BE

5,096

3,322

5,963

1,214

4,080

446

3,634

350

20,025

BG

160

504

782

1,421

120

88

32

39

3,026

HR

133

282

672

636

341

163

178

206

2,272

CY

132

230

168

246

451

451

0

22

1,249

CZ

3,945

4,812

6,765

11,920

1,408

609

799

3,641

32,491

DK

No data

0

0

0

0

0

0

0

0

EE

213

556

563

1,166

835

344

491

179

3,512

FI

157

107

0

0

0

0

0

0

682829

FR

20,314

19,766

40,618

51,616

15,035

1,386

13,649

7,789

155,138

DE

162,803

144,543

181,591

100,304

140,694

0

140,694

72,736

802,671

EL

1,635

2,690

3,868

1,639

618

410

208

189

10,639

HU

1,737

2,434

4,536

839

2,062

1,704

358

1,388

12,996

IE

1,805

1,828

1,513

149

1,928

199

1,729

1,098

8,321

IT

13,197

14,201

16,172

55,060

4,655

2,884

1,771

21,081

124,366

LV

398

565

1,031

2,185

496

30

466

551

5,226

LT

1,941

230

8,398

5,623

994

467

527

895

18,081

LU

736

436

879

1

60

7

53

34

2,146

MT

0

4

4

1

4

4

0

6

19

NL

1,440

2,111

2,687

241

6,130

2,997

3,133

1

12,610

PL

14,021

8,747

20,200

6,084

25,424

4,720

20,704

7,770

82,246

PT

3,015

6,470

4,930

9,202

5,398

1,769

3,629

4,148

33,163

RO

3,322

5,610

14,331

654

6,972

4,936

2,036

7,469

38,358

SK

1,322

3,145

3,385

569

372

239

133

59

8,852

SL

391

1,073

1,328

1,398

1,062

756

306

198

5,450

ES

42,064

22,624

66,210

39,167

15,139

12,360

2,779

8,467

193,671

SE

8,202

11,270

17,671

454

204

92

112

365

38,166

UK

3,739

2,337

11,259

16,980

31,256

70

31,186

2,985

68,556

Total

368,757

359,094

524,215

344,727

273,540

41,798

231,742

181,195

2,058,094



30. Statistics on types of offences at premises

Member States

TYPE OF OFFENCES AT THE PREMISES

Driving time

Breaks

Rest periods

28 days

record

Recording equipment

Incorrect functioning of recording equipment

Misuse of manipulation of recording equipment

Lack/

availability of records for other work

Total

AT

1,795

7,042

3,027

14

525

502

23

0

12,403

BE

5,721

9,938

6,409

63

892

0

892

0

23,023

BG

241

50

182

365

7

7

0

0

845

HR

916

1,738

2,800

137

648

315

333

96

6,335

CY

204

4,585

3,268

273

281

281

0

2,231

10,842

CZ

9,074

6,155

8,648

6,293

825

94

731

430

31,425

DK

205

915

981

75

9

9

0

0

2,185

EE

305

365

914

90

0

0

0

64

1,738

FI

1,910

8,453

6,450

144

368

78

290

79

17,40430

FR

2,996

4,801

6,917

4,015

1,953

1,406

547

0

20,682

DE

106,416

290,182

160,103

11,967

17,983

0

17,983

39,481

626,132

EL

108

0

0

0

0

0

0

0

108

HU

642

1,175

1,696

524

102

40

62

425

4,564

IE

736

7,972

2,150

157

1,271

138

1,133

1,159

13,445

IT

7,766

19,411

17,043

85,896

1,572

593

979

2,141

133,829

LV

48

13

51

114

1

1

0

0

227

LT

2,186

1,353

3,796

5,569

35

4

31

927

13,866

LU

290

225

443

2

35

4

31

26

1,021

MT

28

19

1

1

0

0

0

0

49

NL

4,639

6,599

5,677

252

3,771

29

3,742

0

20,938

PL

10,232

16,007

37,293

102,663

16,150

604

15,546

14,962

197,307

PT

32

29

56

13

11

0

11

11

152

RO

329

684

1,648

83

140

139

1

634

3,518

SK

3,189

5,574

8,478

697

435

376

59

40

18,413

SL

746

1,256

1,907

772

997

73

924

54

5,732

ES

5,529

2,354

7,523

4,513

570

550

20

38

20,527

SE

2,141

6,246

5,824

2,597

360

360

0

4,793

21,961

UK

706

3,166

1,457

185

4,377

4,351

26

977

10,868

Total

169,130 169,130

406,307

294,742

227,474 2222227227,474 227,474 227,474 227,474 227,474

53,318

9,954

43,364

68,568

1,219,539

(1)

repealed by 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)

(2)

Due to the very low level of checks performed by Greece, the rate of checks at premises amounting to 70% cannot be treated as representative.

(3)

Germany indicated in its report that 50% of the minimum checks' threshold was performed at the undertakings' premises. However, due to being a transit country the considerable number of checks at roadside was performed to ensure road safety by deferring fatigued drivers driving long routes in Germany.

(4)

Hungary, Italy, Luxembourg, Romania

(5)

Belgium, Denmark, Finland, Portugal

(6)

The figures refer to the Road Safety Authority personnel only.

(7)

The significant drop for the figure for staff involved in checks from the level of 35 363 in the previous reporting period to 10 569 in the current biennial period is due to the change of the calculation method by the national and local police. Now only trained officers involved in inspections were counted, not the total number of officers engaged in carrying out these services.

(8)

Austria indicated that the proportion of working days checked is higher for non-nationals due to the significant volume of transit.

(9)

Belgium, Luxembourg, Malta and Slovenia

(10)

Pursuant to Article 4 of Directive 2006/22/EC

(11)

Detection rate of offences at premises is based solely on data for 2014.

(12)

Bulgaria indicated that the higher level of penalties has had a deterrent effect and has led to a decrease in the number of infringements and an improvement in road safety.

(13)

Greece, Hungary

(14)

Poland

(15)

With a 36% increase of working days checked at roadside

(16)

With a 20% increase of working days checked at roadside

(17)

With a 2% increase of working days checked at roadside

(18)

With a 9% decrease of working days checked at roadside

(19)

With a 8% increase of working days checked at roadside

(20)

With a 66% increase of working days checked at roadside

(21)

With a 120% increase of working days checked at roadside

(22)

With a 17% decrease of working days checked at roadside

(23)

With a 4% decrease of working days checked at roadside

(24)

With a constant number of working days checked at roadside

(25)

The national measures introduced in Belgium and France prohibiting the weekly rest period in the vehicle is currently being assessed by the Commission. The Commission will also address this issue of the weekly rest in the on-going work of the revision of Regulation (EC) No 561/2006.

(26)

Commission Decision of 14 December 2009 amending Decision 2007/230/EC on a form concerning social legislation relating to road transport activities (OJ L 330, 16/12/2009, p. 80)

(27)

The figures given under "non-nationals" include third countries.

(28)

The figures given under "non-nationals" include third Member States.

(29)

The Finnish police observed a total of 6,564 infringements of social legislation relating to road transport. There is no detailed information on how these cases are broken down by the type of offence. Customs recorded 264 infringements, which are broken down in the table above. The total number of offences takes into account data from the police and customs.

(30)

The figure includes only data from 2014.