No

LEGAL BASIS

TYPE OF INFRINGEMENT

LEVEL OF SERIOUSNESS  (1)

MSI

VSI

SI

Crew

1.

Article 5(1)

Not respecting minimum ages for conductors

X

Driving periods

2.

Article 6(1)

Exceed daily driving time of 9h if possibilities to extend to 10h not allowed

10h ≤ … < 11h

X

3.

11h ≤ …

X

4.

Exceed daily driving time of 9h by 50 % or more

13h30 ≤ …

X

5.

Exceed extended daily driving time of 10h if extension allowed

11h ≤ … < 12h

X

6.

12h ≤ …

X

7.

Exceed daily driving time of 10h by 50 % or more

15h ≤ …

X

8.

Article 6(2)

Exceed weekly driving time

60h ≤ … < 65h

X

9.

65h ≤ … < 70h

X

10.

Exceed weekly driving time by 25 % or more

70h ≤ …

X

11.

Article 6(3)

Exceed maximum total driving time during 2 consecutive weeks

100h ≤ … < 105h

X

12.

105h ≤ … < 112h30

X

13.

Exceed maximum total driving time during 2 consecutive weeks by 25 % or more

112h30 ≤ …

X

Breaks

14.

Article 7

Exceed uninterrupted driving time of 4,5 hours before taking the break

5h ≤ … < 6h

X

15.

6h ≤ …

X

Rest Periods

16.

Article 8(2)

Insufficient daily rest period of less than 11h if reduced daily rest period not allowed

8h30 ≤ … < 10h

X

17.

… < 8h30

X

18.

Insufficient reduced daily rest period of less than 9h if reduce allowed

7h ≤ … < 8h

X

19.

… < 7h

X

20.

Insufficient split daily rest period of less than 3h + 9h

3h + [7h ≤ … < 8h]

X

21.

3h + [… < 7h]

X

22.

Article 8(5)

Insufficient daily rest period of less than 9h for multi-manning

7h ≤ … < 8h

X

23.

… < 7h

X

24.

Article 8(6)

Insufficient reduced weekly resting period of less than 24 h

20h ≤ … < 22h

X

25.

… < 20h

X

26.

Insufficient weekly resting period of less than 45 h if reduced weekly resting period not allowed

36h ≤ … < 42h

X

27.

… < 36h

X

28.

Article 8(6)

Exceeding 6 consecutive 24-hour periods following the previous weekly rest period

3h ≤ … < 12h

X

29.

12h ≤ …

X

30.

Article 8(6b)

No compensation rest for two consecutive reduced weekly rest periods

X

31.

Article 8(8)

Regular weekly rest period or any weekly rest period of more than 45 hours taken in a vehicle

X

32.

Article 8(8)

The employer not covering costs for accommodation outside the vehicle

X

12-day rule derogation

33.

Article 8(6a)

Exceeding 12 consecutive 24-hour periods following a previous regular weekly rest

3h ≤ … < 12h

X

34.

12h ≤ …

X

35.

Article 8(6a), Point (b)(ii)

Weekly rest period taken following 12 consecutive 24-hour periods

65h < … ≤ 67h

X

36.

… ≤ 65h

X

37.

Article 8(6a), point (d)

Driving period, between 22.00 and 6.00, of more than 3 hours before the break, if the vehicle is not multi-manned

3h < … < 4,5 h

X

38.

4,5 h ≤ …

X

Work organisation

39.

Article 8(8a)

Transport undertaking not organising the work of drivers in such a way that the drivers are able to return to the employer’s operational centre, or to return to the drivers’ place of residence

X

40.

Article 10(1)

Link between wage/payment and distance travelled, speed of delivery and/or amount of goods carried

X

41.

Article 10(2)

No or improper organisation of driver’s work, no or improper instructions given to driver enabling him to comply with the law

X

No

LEGAL BASIS

TYPE OF INFRINGEMENT

LEVEL OF SERIOUSNESS

MSI

VSI

SI

Installation of tachograph

1.

Articles 3(1), (4), (4a) and Article 22

Not having type-approved tachograph installed and used

X

Use of tachograph, driver card or record sheet

2.

Article 23(1)

Using a tachograph not inspected by an approved workshop

X

3.

Article 27

Driver holding and/or using more than one own driver card

X

4.

Driving with a driver card that has been falsified (considered as driving without driver card)

X

5.

Driving with a driver card of which the driver is not the holder (considered as driving without driver card)

X

6.

Driving with a driver card which has been obtained on the basis of false declarations and/or forged documents (considered as driving without driver card)

X

7.

Article 32(1)

Tachograph not correctly functioning (e.g.: tachograph not properly inspected, calibrated and sealed)

X

8.

Article 32(1) and Article 33(1)

Tachograph improperly used (e.g.: deliberate, voluntary or imposed misuse, lack of instructions on correct use, etc.)

X

9.

Article 32(3)

Having in the vehicle and/or using a fraudulent device able to modify the records of the tachograph

X

10.

Falsifying, concealing, supressing or destroying data recorded on the record sheets or stored and downloaded from the tachograph and/or the driver card

X

11.

Article 33(2)

Undertaking not keeping record sheets, printouts and downloaded data

X

12.

Recorded and stored data not available for at least a year

X

13.

Article 34(1)

Incorrect use of record sheets/driver card

X

14.

Unauthorised withdrawal of record sheets or driver card which has an impact on the record of relevant data

X

15.

Article 34(1a)

Record sheet or driver card used to cover a period longer than that for which it is intended and data is lost

X

16.

Article 34(2)

Use dirty or damaged record sheets or drivers card and data not legible

X

17.

Article 34(3)

Not using manual input when required to do so

X

18.

Article 34(4)

Not using correct record sheet or driver card not in the correct slot (multi-manning)

X

19.

Article 34(5)

Incorrect use of switch mechanism

X

Producing information

20.

Article 34(5), point (b)(v)

Incorrect use or non-use of the ferry/train sign

X

21.

Article 34(6)

Required information not entered on the record sheet

X

22.

Article 34(7)

Records not showing the symbols of the countries whose borders were crossed by the driver during the daily working period

X

23.

Article 34(7)

Records not showing the symbols of the countries where the driver’s daily working period started and finished

X

24.

Article 36

Refusing to be checked

X

25.

Article 36

Unable to produce manual records and printouts made during the current day and the previous 28 days (until 30 December 2024)

Unable to produce manual records and printouts made during the current day and the previous 56 days (as of 31 December 2024)

X

26.

Article 36

Unable to produce a driver card, if the driver holds one

X

Malfunctioning

27.

Article 37(1) and Article 22(1)

Tachograph not repaired by an approved fitter or workshop

X

28.

Article 37(2)

Driver not marking all required information for the periods of time, which are no longer recorded while tachograph is unserviceable or malfunctioning

X

No

LEGAL BASIS

TYPE OF INFRINGEMENT

LEVEL OF SERIOUSNESS

MSI

VSI

SI

1.

Article 2 and 3

Speed limitation device not fitted

X

2.

Article 5

Speed limitation device not satisfying the applicable technical requirements

X

3.

Article 5

Speed limitation device not fitted by an approved workshop

X

4.

Having and/or using a fraudulent device able to falsify data of speed limitation device or having and/or using a fraudulent speed limitation device

X

No

LEGAL BASIS

TYPE OF INFRINGEMENT

LEVEL OF SERIOUSNESS

MSI

VSI

SI

Community licence

1.

Article 3 and Article 8(1)

Carrying goods without holding a valid Community licence (i.e.: a licence is non-existent, falsified, withdrawn, expired, etc.)

X

2.

Article 4

The haulage undertaking or the driver unable to present a valid Community licence or a valid certified true copy of the Community licence to the inspecting officer (i.e.: Community licence or certified true copy of the Community licence lost, forgotten, damaged, etc.)

X

Driver attestation

3.

Article 3 and Article 8(1)

Carrying goods without holding a valid driver attestation (i.e. driver’s attestation is non-existent, falsified; withdrawn, expired, etc.)

X

4.

Article 5

The driver or the haulage undertaking unable to present a valid driver attestation or a valid certified true copy of the driver attestation to the inspecting officer (i.e. driver attestation or certified true copy of the driver attestation lost, forgotten, damaged, etc.)

X

Cabotage

5.

Article 8(2)

Carrying out a cabotage operation not in compliance with the laws, regulations and administrative provisions in force in the host Member State

X

6.

Article 8(2a)

Carrying out cabotage operations in the same Member State within 4 days following the end of the last legitimate cabotage operation in that Member State

X

7.

Article 8(3) and (4)

The haulier being unable to produce clear evidence of the preceding international carriage and/or of each consecutive cabotage operation carried out, and/or of all operations carried out in cases where the vehicle is present in the host Member State within the period of 4 days preceding the international carriage, and to present these evidences within the duration of the roadside check.

X

No

LEGAL BASIS

TYPE OF INFRINGEMENT

LEVEL OF SERIOUSNESS

MSI

VSI

SI

Community licence

1.

Article 4

Carrying passengers without holding a valid Community licence (i.e.: a licence is non-existent, falsified, withdrawn, expired, etc.)

X

2.

Article 4(3)

The carrier or the driver unable to present a valid Community licence or a valid certified true copy of the Community licence to the inspecting officer (i.e. licence or certified true copy lost, forgotten, damaged, etc.)

X

Authorisation for regular services

3.

Articles 5 and 6

Regular services without a valid authorisation (i.e.: authorisation is non-existent, falsified, withdrawn, expired, misused, etc.)

X

4.

Article 19

The driver unable to present the authorisation to the inspecting officer (i.e. authorisation is lost, forgotten, damaged, etc.)

X

5.

Articles 5 and 6

Stops of regular services in a Member State do not correspond to the issued authorisation

X

Journey form for occasional services and other services exempt from authorisation

6.

Article 12

Driving without holding a required journey form (i.e. journey form is non-existent, falsified, not containing the required information, etc.)

X

Rules applicable to cabotage operations

7.

Article 16

Carrying out a cabotage operation not in compliance with the laws, regulations and administrative provisions in force in the host Member State

X

8.

Article 17

Not having on board the vehicle or not being able to present at the request of any authorised inspecting officer the control documents for cabotage operations (journey form for occasional services, or the contract concluded between the carrier and the transport organiser or a certified true copy thereof in the case of special regular services)

X

No

LEGAL BASIS

TYPE OF INFRINGEMENT

LEVEL OF SERIOUSNESS

MSI

VSI

SI

1.

Rome I

Violation of the law applicable to contractual obligations

X

No

LEGAL BASIS

TYPE OF INFRINGEMENT

LEVEL OF SERIOUSNESS

MSI

VSI

SI

1.

Article 1(11), point (a)

Incomplete information on the posting declaration

X

2.

Article 1(11), point (a)

Failure to submit a posting declaration to the Member State to which the driver is posted no later than at the commencement of the posting

X

3.

Article 1(11), point (b)

Falsified posting declaration for drivers

X

4.

Article 1(11), point (b)

Impossibility of the driver to present a valid posting declaration

X

5.

Article 1(11), point (b)

Failure to put at the disposal of the driver a valid posting declaration

X

6.

Article 1(11), point (c)

Failure to submit the requested documents to the host Member State within eight weeks from the date of the request

X

7.

Article 1(12)

Failure of the operator to keep the posting declarations up to date in the public interface connected to IMI

X