85 concerning social legislation relating to road transport activities amending the proposal of the Commission pursuant to Article 250 (2) of the EC Treaty - Main contents

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dossier	COM(2005)302 - Opinion of the Commission pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, on the European ...
document	COM(2005)302
date	March 15, 2006

ANNEX I

PART A

ROADSIDE CHECKS

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

(1)

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

(2)

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

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

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

PART B

CHECKS AT THE PREMISES OF UNDERTAKINGS

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

(1)	weekly rest periods and driving times between these rest periods;

(2)	observance of the two-weekly limitation of driving times;

(3)	record sheets, vehicle unit and driver card data and printouts.

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

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

ANNEX II

Standard equipment to be available to enforcement units

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

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

(2)	equipment to check the tachograph sheets.

ANNEX III

Infringements

In accordance with Article 9(3), for the purposes of this Directive, the following non-exhaustive list gives guidance on what is to be regarded as an infringement:

(1)	exceeding the maximum daily, weekly or fortnightly driving times;

(2)	disregarding the minimum daily or weekly rest period;

(3)	disregarding the minimum break;

(4)	failure to fit a tachograph in accordance with the requirements of Regulation (EEC) No 3821/85.

STATEMENTS

The Commission declares that in relation to the classification of serious infringements, its understanding is that serious infringements against the Regulation on the harmonisation of certain social legislation relating to road transport include the following:

1.	exceeding the maximum daily, six-day or fortnightly driving time limits by a margin of 20 % or more;

2.	disregarding the minimum daily or weekly rest period by a margin of 20 % or more;

3.	disregarding the minimum break by a margin of 33 % or more; and

4.	a tachograph not fitted in accordance with the requirements of Council (EEC) No Regulation 3821/85.

The Commission and the Member States shall make every effort to ensure that, within two years of the entry into force of this Directive, the provisions of the AETR are aligned with the provisions of this Directive. If such an alignment has not been achieved within that period the Commission shall propose appropriate action to address the situation