Commission Directive 2009/5/EC of 30 January 2009 amending Annex III to Directive 2006/22/EC of the European Parliament and of the Council on minimum conditions for the implementation of Council Regulations (EEC) Nos 3820/85 and 3821/85 concerning social legislation relating to road transport activitiesText with EEA relevance

Commission Directive 2009/5/EC of 30 January 2009 amending Annex III to Directive 2006/22/EC of the European Parliament and of the Council on minimum conditions for the implementation of Council Regulations (EEC) Nos 3820/85 and 3821/85 concerning social legislation relating to road transport activities (Text with EEA relevance) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Directive 2006/22/EC of the European Parliament and of the Council of 15 March 2006 on minimum conditions for the implementation of Council Regulations (EEC) Nos 3820/85 and 3821/85 concerning social legislation relating to road transport activities and repealing Council Directive 88/599/EEC OJ L 102, 11.4.2006, p. 35. , and in particular Article 9(3) thereof, Whereas: (1) Directive 2006/22/EC contains in its Annex III an initial list of infringements of Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85 OJ L 102, 11.4.2006, p. 1. as well as Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport OJ L 370, 31.12.1985, p. 8. . (2) Article 9(3) of Directive 2006/22/EC provides for the possibility to adapt that Annex with a view to establishing guidelines on a common range of infringements, divided into categories. The most serious infringements are to include those which create a serious risk of death or serious personal injury. (3) Providing further guidance on the categorisation of infringements is an important step towards ensuring legal certainty for undertakings and fairer competition between undertakings. (4) A harmonised categorisation of infringements is also desirable in order to provide a common basis for the risk rating systems which Member States have to introduce according to Article 9(1) of Directive 2006/22/EC. Based on these harmonised categories, the inclusion of infringements committed by a driver or an undertaking in other Member States than the Member State of establishment would be facilitated. (5) As a general rule, the categorisation of infringements should depend on their gravity and the possible consequences for road safety, as well as on the ability to control the driver’s and the undertaking’s compliance with the legislation. (6) The measures provided for in this Directive are in accordance with the opinion of the Committee set up by Article 18(1) of Regulation (EEC) No 3821/85, HAS ADOPTED THIS DIRECTIVE:

Article 1

Annex III to Directive 2006/22/EC is replaced by the text in the Annex to this Directive.

Article 2

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 2009 at the latest. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made. 2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 3

This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

Article 4

This Directive is addressed to the Member States. Done at Brussels, 30 January 2009. For the Commission Antonio Tajani Vice-President

Annex

ANNEX

Annex

ANNEX III Infringements In accordance with Article 9(3), the following table contains guidelines on a common range of infringements against Regulation (EC) No 561/2006 and Regulation (EEC) No 3821/85, divided into categories according to their gravity.

1. Groups of infringements against Regulation (EC) No 561/2006 VSI = Very Serious Infringement/SI = Serious Infringement/MI = Minor Infringement. NoLegal basisType of infringementLevel of seriousnessVSISIMIACrewA1Art. 5.1Not respecting minimum ages for driversXBDriving periodsB1Art. 6.1Exceed daily driving time of 9 h if possibilities to extend to 10 h not allowed9 h<…<10 hXB210 h<…<11 hXB311 h<…XB4Exceed extended daily driving time of 10 h if extension allowed10 h<…<11 hXB511 h<…<12 hXB612 h<…XB7Art. 6.2Exceed weekly driving time56 h<…<60 hXB860 h<…<70 hXB970 h<…XB10Art. 6.3Exceed accumulated driving time during 2 consecutive weeks90 h<…<100 hXB11100 h<…<112 h 30XB12112 h 30<…XCBreaksC1Art. 7Exceed uninterrupted driving time4 h 30<…<5 hXC25 h<…<6 hXC36 h<…XDRest periodsD1Art. 8.2Insufficient daily rest period of less than 11 h if reduced daily rest period not allowed10 h<…<11 hXD28 h 30<…<10 hXD3…<8 h 30XD4Insufficient reduced daily rest period of less than 9 h if reduce allowed8 h<…<9 hXD57 h<…<8 hXD6…<7 hXD7Insufficient split daily rest period of less than 3 h+9 h3 h+(8 h<…<9 h)XD83 h+(7 h<…<8 h)XD93 h+(…<7 h)X D10Art. 8.5Insufficient daily rest period of less than 9 h for multi-manning8 h<…<9 hXD117 h<…<8 hXD12…<7 hXD13Art. 8.6Insufficient reduced weekly resting period of less than 24 h22 h<…<24 hXD1420 h<…<22 hXD15…<20 hXD16Insufficient weekly resting period of less than 45 h if reduced weekly resting period not allowed42 h<…<45 hXD1736 h<…<42 hXD18…<36 hXETypes of paymentE1Art. 10.1Link between wage and distance travelled or amount of goods carriedX
2. Groups of infringements against Regulation (EEC) No 3821/85 VSI = Very Serious Infringement/SI = Serious Infringement/MI = Minor Infringement. NoLegal basisType of infringementsLevel of seriousnessVSISIMIFInstallation of recording equipmentF1Art. 3.1No type approved recording equipment installed and usedXGUse of recording equipment, driver card or record sheetG1Art. 13Recording equipment not correctly functioning (for example: recording equipment not properly inspected, calibrated and sealed)XG2Recording equipment improperly used (not using a valid driver card, voluntary abuse, …)XG3Art. 14.1Not carrying a sufficient number of record sheetsXG4Model of record sheet not approvedXG5Not carrying enough paper for printoutsXG6Art. 14.2Undertaking not keeping record sheets, printouts and downloaded dataXG7Art. 14.4Driver holding more than one valid driver cardXG8Art. 14.4Use of driver card which is not the driver’s own valid cardXG9Art. 14.4Use of defective or expired driver cardXG10Art. 14.5Recorded and stored data not available for at least 365 daysX

G11Art. 15.1Use dirty or damaged sheets or driver cards and data legibleXG12Use dirty or damaged sheets or driver cards and data not legibleXG13Failure to apply for replacement of damaged, malfunctioning, lost or stolen driver card within 7 calendar daysXG14Art. 15.2Incorrect use of record sheets/driver cardsXG15Unauthorised withdrawal of sheets or driver card which has an impact on the record of relevant dataXG16Unauthorised withdrawal of sheets or driver card without any impact on data recordedXG17Record sheet or driver card used to cover a period longer than that for which it is intended but no data is lostXG18Record sheet or driver card used to cover a period longer than that for which it is intended and data is lostXG19Not using manual input when required to do soXG20Not using correct sheet or driver card not in the correct slot (multi-manning)XG21Art. 15.3Time recorded on the sheet does not agree with official time of country of registration of the vehicleXG22Incorrect use of switch mechanismXHFill in informationH1Art. 15.5Surname missing on record sheetXH2First name missing on record sheetXH3Date of begin or end of use of the sheet missingXH4Place of begin or end of use of the sheet missingXH5Registration number missing on record sheetXH6Odometer reading (start) missing on record sheetXH7Odometer reading (end) missing on record sheetXH8Time of change of vehicle missing on record sheetXH9Art. 15.5aSymbol of country not entered in recording equipmentXIProducing informationI1Art. 15.7Refuse to be checkedX I2Art. 15.7Unable to produce records of current dayXI3Unable to produce records of previous 28 daysXI4Unable to produce records of the driver card if the driver holds oneXI5Unable to produce manual records and printouts made during the current week and the previous 28 daysXI6Unable to produce driver cardXI7Unable to produce print outs made during the current week and the previous 28 daysXJFraudJ1Art. 15.8Falsify, suppress, destroy data recorded on record sheets, stored in the recording equipment or on the driver card or print-outs from the recording equipmentXJ2Manipulation of recording equipment, record sheet or driver card which may result in data and/or printouts information being falsifiedXJ3Manipulation device that could be used to falsify data and/or printouts information present on vehicle (switch/wire …)XKBreakdownK1Art. 16.1Not repaired by an approved fitter or workshopXK2Not repaired en routeXLManual input on printoutsL1Art. 16.2Driver not marking all information for the periods of time which are no longer recorded while recording equipment is unserviceable or malfunctioningXL2Driver card number and/or name and/or driving licence number missing on temporary sheetXL3Signature missing on temporary sheetXL4Art. 16.3Lost or theft of driver card not formally declared to the competent authorities of the Member State where the theft occurredX