COMMISSION REGULATION (EU) 2016/403
European classification of road transport infringements: the four levels of seriousness
of 18 March 2016
Regulation (EU) 2016/403 assigns every infringement a level of seriousness. This page reproduces its tables in the English version published in the Official Journal of the European Union.
Why this ranking matters to a driver
An infringement is not just a fine. The level recorded weighs on the operator's good repute: three serious infringements per driver per year count as one very serious infringement, and repeated very serious infringements trigger a national procedure that can cost the licence. Knowing which side of a threshold you are on is not a lawyer's detail.
The thresholds are numeric, and they are tight. Ten extra minutes at the wheel move you from one level to the next without warning: the tables below say exactly where the lines fall.
The four levels, as the regulation names them
MSI
most serious infringements
VSI
very serious infringement
SI
serious infringement
MI
minor infringement
Definitions taken from the footnote in the Official Journal.
How to read the tables
Each row is one infringement, with its legal basis and, where the regulation sets one, the numeric threshold that decides the level. The bounds are copied as written: “9h < … < 10h” excludes exactly nine hours, while “10h ≤ … < 11h” includes ten. The cross used in the official text becomes the level label at the end of each row.
ANNEX III
This annex replaces Annex III to Directive 2006/22/EC: it is the roadside check grid. It adds the minor level and breaks the thresholds down band by band.
1. Groups of infringements against Regulation (EC) no 561/2006
| No | LEGAL BASIS | TYPE OF INFRINGEMENT | MSI / VSI / SI / MI | |
|---|---|---|---|---|
| A Crew | ||||
| A1 | Art 5.1 | Not respecting minimum ages for conductors | SI | |
| B Driving periods | ||||
| B1 | Article 6.1 | Exceed daily driving time of 9h if possibilities to extend to 10h not allowed | 9h < … < 10h | MI |
| B2 | Article 6.1 | Exceed daily driving time of 9h if possibilities to extend to 10h not allowed | 10h ≤ … < 11h | SI |
| B3 | Article 6.1 | Exceed daily driving time of 9h if possibilities to extend to 10h not allowed | 11h ≤ … | VSI |
| B4 | Article 6.1 | Exceed daily driving time of 9h by 50 % or more without taking a break or without any rest of at least 4,5 hours | 13h30 ≤ … and no break/rest | MSI |
| B5 | Article 6.1 | Exceed extended daily driving time of 10h if extension allowed | 10h < … < 11h | MI |
| B6 | Article 6.1 | Exceed extended daily driving time of 10h if extension allowed | 11h ≤ … < 12h | SI |
| B7 | Article 6.1 | Exceed extended daily driving time of 10h if extension allowed | 12h ≤ … | VSI |
| B8 | Article 6.1 | Exceed daily driving time of 10h by 50 % or more without taking a break of or without any rest of at least 4,5 hours | 15h ≤ … and no break/rest | MSI |
| B9 | Article 6.2 | Exceed weekly driving time | 56h < … < 60h | MI |
| B10 | Article 6.2 | Exceed weekly driving time | 60h ≤ … < 65h | SI |
| B11 | Article 6.2 | Exceed weekly driving time | 65h ≤ … < 70h | VSI |
| B12 | Article 6.2 | Exceed weekly driving time by 25 % or more | 70h ≤ … | MSI |
| B13 | Art 6.3 | Exceed maximum total driving time during 2 consecutive weeks | 90h < … < 100h | MI |
| B14 | Art 6.3 | Exceed maximum total driving time during 2 consecutive weeks | 100h ≤ … < 105h | SI |
| B15 | Art 6.3 | Exceed maximum total driving time during 2 consecutive weeks | 105h ≤ … < 112h30 | VSI |
| B16 | Art 6.3 | Exceed maximum total driving time during 2 consecutive weeks by 25 % or more | 112h30 ≤ … | MSI |
| C Breaks | ||||
| C1 | Article 7 | Exceed uninterrupted driving time of 4,5 hours before taking the break | 4h30 < … < 5h | MI |
| C2 | Article 7 | Exceed uninterrupted driving time of 4,5 hours before taking the break | 5h ≤ … < 6h | SI |
| C3 | Article 7 | Exceed uninterrupted driving time of 4,5 hours before taking the break | 6h ≤ … | VSI |
| D Rest Periods | ||||
| D1 | Article 8.2 | Insufficient daily rest period of less than 11h if reduced daily rest period not allowed | 10h ≤ … < 11h | MI |
| D2 | Article 8.2 | Insufficient daily rest period of less than 11h if reduced daily rest period not allowed | 8h30 ≤ … < 10h | SI |
| D3 | Article 8.2 | Insufficient daily rest period of less than 11h if reduced daily rest period not allowed | … < 8h30 | VSI |
| D4 | Article 8.2 | Insufficient reduced daily rest period of less than 9h if reduce allowed | 8h ≤ … < 9h | MI |
| D5 | Article 8.2 | Insufficient reduced daily rest period of less than 9h if reduce allowed | 7h ≤ … < 8h | SI |
| D6 | Article 8.2 | Insufficient reduced daily rest period of less than 9h if reduce allowed | … < 7h | VSI |
| D7 | Article 8.2 | Insufficient split daily rest period of less than 3h + 9h | 3h + [8h ≤ … < 9h] | MI |
| D8 | Article 8.2 | Insufficient split daily rest period of less than 3h + 9h | 3h + [7h ≤ … < 8h] | SI |
| D9 | Article 8.2 | Insufficient split daily rest period of less than 3h + 9h | 3h + [… < 7h] | VSI |
| D10 | Article 8.5 | Insufficient daily rest period of less than 9h for multi-manning | 8h ≤ … < 9h | MI |
| D11 | Article 8.5 | Insufficient daily rest period of less than 9h for multi-manning | 7h ≤ … < 8h | SI |
| D12 | Article 8.5 | Insufficient daily rest period of less than 9h for multi-manning | … < 7h | VSI |
| D13 | Article 8.6 | Insufficient reduced weekly resting period of less than 24 h | 22h ≤ … < 24h | MI |
| D14 | Article 8.6 | Insufficient reduced weekly resting period of less than 24 h | 20h ≤ … < 22h | SI |
| D15 | Article 8.6 | Insufficient reduced weekly resting period of less than 24 h | … < 20h | VSI |
| D16 | Article 8.6 | Insufficient weekly resting period of less than 45 h if reduced weekly resting period not allowed | 42h ≤ … < 45h | MI |
| D17 | Article 8.6 | Insufficient weekly resting period of less than 45 h if reduced weekly resting period not allowed | 36h ≤ … < 42h | SI |
| D18 | Article 8.6 | Insufficient weekly resting period of less than 45 h if reduced weekly resting period not allowed | … < 36h | VSI |
| D19 | Article 8.6 | Exceeding 6 consecutive 24-hour periods following the previous weekly rest period | … < 3h | MI |
| D20 | Article 8.6 | Exceeding 6 consecutive 24-hour periods following the previous weekly rest period | 3h ≤ … < 12h | SI |
| D21 | Article 8.6 | Exceeding 6 consecutive 24-hour periods following the previous weekly rest period | 12h ≤ … | VSI |
| E 12-day rule derogation | ||||
| E1 | Article 8.6a. | Exceeding 12 consecutive 24-hour periods following a previous regular weekly rest | … < 3h | MI |
| E2 | Article 8.6a. | Exceeding 12 consecutive 24-hour periods following a previous regular weekly rest | 3h ≤ … < 12h | SI |
| E3 | Article 8.6a. | Exceeding 12 consecutive 24-hour periods following a previous regular weekly rest | 12h ≤ … | VSI |
| E4 | Article 8.6a. (b)(ii) | Weekly rest period taken following 12 consecutive 24-hour periods | 65h < … ≤ 67h | SI |
| E5 | Article 8.6a. (b)(ii) | Weekly rest period taken following 12 consecutive 24-hour periods | … ≤ 65h | VSI |
| E6 | Article 8.6a. (d) | Driving period, between 22.00 and 6.00, of more than 3 hours before the break, if the vehicle is not multi-manned | 3h < … < 4,5 h | SI |
| E7 | Article 8.6a. (d) | Driving period, between 22.00 and 6.00, of more than 3 hours before the break, if the vehicle is not multi-manned | 4,5 h ≤ … | VSI |
| F Work organisation | ||||
| F1 | Article 10.1 | Link between wage and distance travelled or amount of goods carried | VSI | |
| F2 | Article 10.2 | No or improper organisation of driver's work, no or improper instructions given to driver enabling him to comply with the law | VSI | |
2. Groups of infringements against Regulation (EU) no 165/2014 of the European Parliament and of the Council (2) (Tachograph)
| No | LEGAL BASIS | TYPE OF INFRINGEMENTS | MSI / VSI / SI / MI |
|---|---|---|---|
| G Installation of tachograph | |||
| G1 | Article 3.1 and Article 22.2 | Not having type-approved tachograph installed and used (e.g.: not having a tachograph installed by fitters, workshops or vehicle manufacturers approved by the competent authorities of the Member States, using a tachograph without the necessary seals placed or replaced by an approved fitter, workshop or vehicle manufacturer or using a tachograph without the installation plaque) | MSI |
| H Use of tachograph, driver card or record sheet | |||
| H1 | Article 23.1 | Using a tachograph not inspected by an approved workshop | VSI |
| H2 | Article 27 | Driver holding and/or using more than one own driver card | VSI |
| H3 | Article 27 | Driving with a driver card that has been falsified (considered as driving without driver card) | MSI |
| H4 | Article 27 | Driving with a driver card of which the driver is not the holder (considered as driving without driver card) | MSI |
| H5 | Article 27 | 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) | MSI |
| H6 | Article 32.1 | Tachograph not correctly functioning (e.g.: tachograph not properly inspected, calibrated and sealed) | VSI |
| H7 | Article 32.1 and Article 33.1 | Tachograph improperly used (e.g.: deliberate, voluntary or imposed misuse, lack of instructions on correct use, etc.) | VSI |
| H8 | Article 32.3 | Using a fraudulent device able to modify the records of the tachograph | MSI |
| H9 | Article 32.3 | Falsifying, concealing, supressing or destroying data recorded on the record sheets or stored and downloaded from the tachograph and/or the driver card | MSI |
| H10 | Article 33.2 | Undertaking not keeping record sheets, printouts and downloaded data | VSI |
| H11 | Article 33.2 | Recorded and stored data not available for at least a year | VSI |
| H12 | Art 34.1 | Incorrect use of record sheets/driver card | VSI |
| H13 | Art 34.1 | Unauthorised withdrawal of record sheets or driver card which has an impact on the record of relevant data | VSI |
| H14 | Art 34.1 | Record sheet or driver card used to cover a period longer than that for which it is intended and data is lost | VSI |
| H15 | Article 34.2 | Use dirty or damaged record sheets or drivers card and data not legible | VSI |
| H16 | Article 34.3 | Not using manual input when required to do so | VSI |
| H17 | Article 34.4 | Not using correct record sheet or driver card not in the correct slot (multi-manning) | SI |
| H18 | Article 34.5 | Incorrect use of switch mechanism | VSI |
| I Producing information | |||
| I1 | Article 36 | Refusing to be checked | VSI |
| I2 | Article 36 | Unable to produce records of current day and the previous 28 days | VSI |
| I3 | Article 36 | Unable to produce records of the driver card if the driver holds one | VSI |
| I4 | Article 36 | Unable to produce manual records and printouts made during the current day and the previous 28 days | VSI |
| I5 | Article 36 | Unable to produce a driver card, if the driver holds one | VSI |
| J Malfunctioning | |||
| J1 | Article 37.1 and Article 22.1 | Tachograph not repaired by an approved fitter or workshop | VSI |
| J2 | Article 37.2 | Driver not marking all required information for the periods of time, which are no longer recorded while tachograph is unserviceable or malfunctioning | VSI |
ANNEX I — Categorisation of serious infringements
This annex serves to assess an operator's good repute. It has no minor level: a minor infringement does not weigh on the licence.
The following tables contain categories and types of serious infringements against the Union rules in commercial road transport, divided into three categories of seriousness according to their potential to create a risk of fatalities or serious injuries.
1. Groups of infringements against Regulation (EC) No 561/2006 of the European Parliament and of the Council (1) (Driving and resting time)
| No | LEGAL BASIS | TYPE OF INFRINGEMENT | MSI / VSI / SI | |
|---|---|---|---|---|
| Crew | ||||
| 1. | Article 5.1 | Not respecting minimum ages for conductors | SI | |
| Driving periods | ||||
| 2. | Article 6.1 | Exceed daily driving time of 9h if possibilities to extend to 10h not allowed | 10h ≤ … < 11h | SI |
| 3. | Article 6.1 | Exceed daily driving time of 9h if possibilities to extend to 10h not allowed | 11h ≤ … | VSI |
| 4. | Article 6.1 | Exceed daily driving time of 9h by 50 % or more without taking a break or without any rest of at least 4,5 hours | 13h30 ≤ … and no break/rest | MSI |
| 5. | Article 6.1 | Exceed extended daily driving time of 10h if extension allowed | 11h ≤ … < 12h | SI |
| 6. | Article 6.1 | Exceed extended daily driving time of 10h if extension allowed | 12h ≤ … | VSI |
| 7. | Article 6.1 | Exceed daily driving time of 10h by 50 % or more without taking a break of or without any rest of at least 4,5 hours | 15h ≤ … and no break/rest | MSI |
| 8. | Article 6.2 | Exceed weekly driving time | 60h ≤ … < 65h | SI |
| 9. | Article 6.2 | Exceed weekly driving time | 65h ≤ … < 70 | VSI |
| 10. | Article 6.2 | Exceed weekly driving time by 25 % or more | 70h ≤ … | MSI |
| 11. | Article 6.3 | Exceed maximum total driving time during 2 consecutive weeks | 100h ≤ … < 105h | SI |
| 12. | Article 6.3 | Exceed maximum total driving time during 2 consecutive weeks | 105h ≤ … < 112h30 | VSI |
| 13. | Article 6.3 | Exceed maximum total driving time during 2 consecutive weeks by 25 % or more | 112h30≤ … | MSI |
| Breaks | ||||
| 14. | Article 7 | Exceed uninterrupted driving time of 4,5 hours before taking the break | 5h ≤ … < 6h | SI |
| 15. | Article 7 | Exceed uninterrupted driving time of 4,5 hours before taking the break | 6h ≤ … | VSI |
| Rest Periods | ||||
| 16. | Article 8.2 | Insufficient daily rest period of less than 11h if reduced daily rest period not allowed | 8h30 ≤ … < 10h | SI |
| 17. | Article 8.2 | Insufficient daily rest period of less than 11h if reduced daily rest period not allowed | … < 8h30 | VSI |
| 18. | Article 8.2 | Insufficient reduced daily rest period of less than 9h if reduce allowed | 7h ≤ … < 8h | SI |
| 19. | Article 8.2 | Insufficient reduced daily rest period of less than 9h if reduce allowed | … < 7h | VSI |
| 20. | Article 8.2 | Insufficient split daily rest period of less than 3h + 9h | 3h + [7h ≤ … < 8h] | SI |
| 21. | Article 8.2 | Insufficient split daily rest period of less than 3h + 9h | 3h + [… < 7h] | VSI |
| 22. | Article 8.5 | Insufficient daily rest period of less than 9h for multi-manning | 7h ≤ … < 8h | SI |
| 23. | Article 8.5 | Insufficient daily rest period of less than 9h for multi-manning | … < 7h | VSI |
| 24. | Article 8.6 | Insufficient reduced weekly resting period of less than 24 h | 20h ≤ … < 22h | SI |
| 25. | Article 8.6 | Insufficient reduced weekly resting period of less than 24 h | … < 20h | VSI |
| 26. | Article 8.6 | Insufficient weekly resting period of less than 45 h if reduced weekly resting period not allowed | 36h ≤ … < 42h | SI |
| 27. | Article 8.6 | Insufficient weekly resting period of less than 45 h if reduced weekly resting period not allowed | … < 36h | VSI |
| 28 | Article 8.6 | Exceeding 6 consecutive 24-hour periods following the previous weekly rest period | 3h ≤ … < 12h | SI |
| 28 | Article 8.6 | Exceeding 6 consecutive 24-hour periods following the previous weekly rest period | 12h ≤ … | VSI |
| 12-day rule derogation | ||||
| 29. | Article 8.6a. | Exceeding 12 consecutive 24-hour periods following a previous regular weekly rest | 3h ≤ … < 12h | SI |
| 29. | Article 8.6a. | Exceeding 12 consecutive 24-hour periods following a previous regular weekly rest | 12h ≤ … | VSI |
| 30. | Article 8.6a. (b)(ii) | Weekly rest period taken following 12 consecutive 24-hour periods | 65h < … ≤ 67h | SI |
| 30. | Article 8.6a. (b)(ii) | Weekly rest period taken following 12 consecutive 24-hour periods | … ≤ 65h | VSI |
| 31. | Article 8.6a. (d) | Driving period, between 22.00 and 6.00, of more than 3 hours before the break, if the vehicle is not multi-manned | 3h < … < 4,5 h | SI |
| 31. | Article 8.6a. (d) | Driving period, between 22.00 and 6.00, of more than 3 hours before the break, if the vehicle is not multi-manned | 4,5 h ≤ … | VSI |
| Work organisation | ||||
| 32. | Article 10.1 | Link between wage and distance travelled or amount of goods carried | VSI | |
| 33. | 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 | VSI | |
2. Groups of infringements against Regulation (EU) No 165/2014 of the European Parliament and of the Council (3) (Tachograph)
| No | LEGAL BASIS | TYPE OF INFRINGEMENTS | MSI / VSI / SI |
|---|---|---|---|
| Installation of tachograph | |||
| 1. | Article 3.1 and Article 22 | Not having type-approved tachograph installed and used (e.g.: not having a tachograph installed by fitters, workshops or vehicle manufacturers approved by the competent authorities of the Member States, using a tachograph without the necessary seals placed or replaced by an approved fitter, workshop or vehicle manufacturer or using a tachograph without the installation plaque) | MSI |
| Use of tachograph, driver card or record sheet | |||
| 2. | Article 23.1 | Using a tachograph not inspected by an approved workshop | VSI |
| 3. | Article 27 | Driver holding and/or using more than one own driver card | VSI |
| 4. | Article 27 | Driving with a driver card that has been falsified (considered as driving without driver card) | MSI |
| 5. | Article 27 | Driving with a driver card of which the driver is not the holder (considered as driving without driver card) | MSI |
| 6. | Article 27 | 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) | MSI |
| 7. | Article 32.1 | Tachograph not correctly functioning (e.g.: tachograph not properly inspected, calibrated and sealed) | VSI |
| 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.) | VSI |
| 9. | Article 32.3 | Using a fraudulent device able to modify the records of the tachograph | MSI |
| 10. | Article 32.3 | Falsifying, concealing, supressing or destroying data recorded on the record sheets or stored and downloaded from the tachograph and/or the driver card | MSI |
| 11. | Article 33.2 | Undertaking not keeping record sheets, printouts and downloaded data | VSI |
| 12. | Article 33.2 | Recorded and stored data not available for at least a year | VSI |
| 13. | Article 34.1 | Incorrect use of record sheets/driver card | VSI |
| 14. | Article 34.1 | Unauthorised withdrawal of record sheets or driver card which has an impact on the record of relevant data | VSI |
| 15. | Article 34.1 | Record sheet or driver card used to cover a period longer than that for which it is intended and data is lost | VSI |
| 16. | Article 34.2 | Use dirty or damaged record sheets or drivers card and data not legible | VSI |
| 17. | Article 34.3 | Not using manual input when required to do so | VSI |
| 18. | Article 34.4 | Not using correct record sheet or driver card not in the correct slot (multi-manning) | SI |
| 19. | Article 34.5 | Incorrect use of switch mechanism | VSI |
| Producing information | |||
| 20. | Article 36 | Refusing to be checked | VSI |
| 21. | Article 36 | Unable to produce records of current day and the previous 28 days | VSI |
| 22. | Article 36 | Unable to produce records of the driver card if the driver holds one | VSI |
| 23. | Article 36 | Unable to produce manual records and printouts made during the current day and the previous 28 days | VSI |
| 24. | Article 36 | Unable to produce a driver card, if the driver holds one | VSI |
| Malfunctioning | |||
| 25. | Article 37.1 and Article 22.1 | Tachograph not repaired by an approved fitter or workshop | VSI |
| 26. | 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 | VSI |
3. Groups of infringements against Directive 2002/15/EC of the European Parliament and of the Council (4) (Working time rules)
| No | LEGAL BASIS | TYPE OF INFRINGEMENT | MSI / VSI / SI | |
|---|---|---|---|---|
| Maximum weekly working time | ||||
| 1. | Article 4 | Exceeding maximum weekly working time of 48h if possibilities to extend to 60h already consumed | 56h ≤ … 60h | SI |
| 2. | Article 4 | Exceeding maximum weekly working time of 48h if possibilities to extend to 60h already consumed | 60h ≤ … | VSI |
| 3. | Article 4 | Exceeding maximum weekly working time of 60h if no derogation under Article 8 granted | 65 ≤ … < 70h | SI |
| 4. | Article 4 | Exceeding maximum weekly working time of 60h if no derogation under Article 8 granted | 70h ≤ … | VSI |
| Breaks | ||||
| 5. | Article 5.1 | Insufficient obligatory break taken when working time between 6 and 9 hours | 10 < … ≤ 20 min | SI |
| 6. | Article 5.1 | Insufficient obligatory break taken when working time between 6 and 9 hours | … ≤ 10 min | VSI |
| 7. | Article 5.1 | Insufficient obligatory break taken when working time over 9 hours | 20 < … ≤ 30min | SI |
| 8. | Article 5.1 | Insufficient obligatory break taken when working time over 9 hours | … ≤ 20 min | VSI |
| Night work | ||||
| 9. | Article 7.1 | Daily working time in each 24h when night work performed if no derogation under Article 8 granted | 11h ≤ … < 13h | SI |
| 10. | Article 7.1 | Daily working time in each 24h when night work performed if no derogation under Article 8 granted | 13h ≤ … | VSI |
| Records | ||||
| 11. | Article 9 | Employers falsifying working time records or refusing to provide records to inspection officer | VSI | |
| 12. | Article 9 | Employed/self-employed drivers falsifying records or refusing to provide records to inspection officer | VSI | |
4. Groups of infringements against Council Directive 96/53/EC (5) (Weight and dimension rules)
| No | LEGAL BASIS | TYPE OF INFRINGEMENT | MSI / VSI / SI | |
|---|---|---|---|---|
| Weights | ||||
| 1. | Article 1 | Exceed maximum permissible weight for N3 vehicles | 5 % ≤ … < 10 % | SI |
| 2. | Article 1 | Exceed maximum permissible weight for N3 vehicles | 10 % ≤ … < 20 % | VSI |
| 3. | Article 1 | Exceed maximum permissible weight for N3 vehicles | 20 % ≤ … | MSI |
| 4. | Article 1 | Exceed maximum permissible weight for N2 vehicles | 5 % ≤ … < 15 % | SI |
| 5. | Article 1 | Exceed maximum permissible weight for N2 vehicles | 15 % ≤ … < 25 % | VSI |
| 6. | Article 1 | Exceed maximum permissible weight for N2 vehicles | 25 % ≤ … | MSI |
| Lengths | ||||
| 7. | Article 1 | Exceed maximum permissible length | 2 % < … < 20 % | SI |
| 8. | Article 1 | Exceed maximum permissible length | 20 % ≤ … | VSI |
| Width | ||||
| 9. | Article 1 | Exceed maximum permissible width | 2,65 ≤ … < 3,10 metres | SI |
| 10. | Article 1 | Exceed maximum permissible width | 3,10 metres ≤ … | VSI |
5. Groups of infringements against Directive 2014/45/EU of the European Parliament and of the Council (6) (Periodic roadworthiness tests) and Directive 2014/47/EU of the European Parliament and of the Council (7) (Technical roadside inspection)
| No | LEGAL BASIS | TYPE OF INFRINGEMENT | MSI / VSI / SI |
|---|---|---|---|
| Roadworthiness | |||
| 1. | Article 8 and 10 Directive 2014/45/EU and Article 7.1 of Directive 2014/47/EU | Driving without a valid proof of roadworthiness tests passed, as required by the EU law | MSI |
| 2. | Article 12.2 of Directive 2014/47/EU | Not keeping a vehicle in a safe and roadworthy condition resulting in a very serious deficiency of the braking system, the steering linkages, the wheels/tires, the suspension or chassis or other equipment that would create such an immediate risk to road safety that it leads to a decision to immobilise the vehicle | MSI |
6. Groups of infringements against Council Directive 92/6/EEC (8) (Speed limitation devices)
| No | LEGAL BASIS | TYPE OF INFRINGEMENTS | MSI / VSI / SI |
|---|---|---|---|
| 1. | Article 2 and 3 | Speed limitation device not fitted | MSI |
| 2. | Article 5 | Speed limitation device not satisfying the applicable technical requirements | VSI |
| 3. | Article 5 | Speed limitation device not fitted by an approved workshop | SI |
| 4. | Using a fraudulent device able to falsify data of speed limitation device or using a fraudulent speed limitation device | MSI |
7. Groups of infringements against Directive 2003/59/EC of the European Parliament and of the Council (9) (Initial qualification and periodic training of drivers)
| No | LEGAL BASIS | TYPE OF INFRINGEMENTS | MSI / VSI / SI |
|---|---|---|---|
| Training and licence | |||
| 1. | Article 3 | Carrying goods or passengers without a compulsory initial qualification and/or compulsory periodic training | VSI |
| 2. | Article 10 and Annex II | Driver unable to present the valid qualification card or the driving licence with the marking, as required by the national law (e.g.: lost, forgotten, damaged, unreadable) | SI |
8. Groups of infringements against Directive 2006/126/EC of the European Parliament and of the Council (10) (Driving licences requirements)
| No | LEGAL BASIS | TYPE OF INFRINGEMENTS | MSI / VSI / SI |
|---|---|---|---|
| 1. | Articles 1 and 4 of Directive 2006/126/EC | Carrying passengers or goods without holding a valid driving licence | MSI |
| 2. | Article 1 Annex I | Using a driving licence which is damaged or unreadable or not in line with common model | SI |
9. Groups of infringements against Directive 2008/68/EC of the European Parliament and of the Council (11) (Transport of dangerous goods by road)
| No | LEGAL BASIS | TYPE OF INFRINGEMENTS | MSI / VSI / SI |
|---|---|---|---|
| 1. | Annex I, Section I.1 to Directive 2008/68/EC | Transporting dangerous goods that are prohibited for transport | MSI |
| 2. | Annex I, Section I.1 to Directive 2008/68/EC | Transporting dangerous goods in a prohibited or non-approved means of containment, thus endangering lives or the environment to such extent that it leads to a decision to immobilise the vehicle | MSI |
| 3. | Annex I, Section I.1 to Directive 2008/68/EC | Transporting dangerous goods without identifying them on the vehicle as dangerous goods, thus endangering lives or the environment to such extent that it leads to a decision to immobilise the vehicle | MSI |
| 4. | Annex I, Section I.1 to Directive 2008/68/EC | Leakage of dangerous substances | VSI |
| 5. | Annex I, Section I.1 to Directive 2008/68/EC | Carriage in bulk in a container which is not structurally serviceable | VSI |
| 6. | Annex I, Section I.1 to Directive 2008/68/EC | Carriage in a vehicle without an appropriate certificate of approval | VSI |
| 7. | Annex I, Section I.1 to Directive 2008/68/EC | Vehicle no longer complies with the approval standards and presents an immediate danger | VSI |
| 8. | Annex I, Section I.1 to Directive 2008/68/EC | The rules governing the securing and stowage of the load have not been complied with | VSI |
| 9. | Annex I, Section I.1 to Directive 2008/68/EC | The rules governing mixed loading of packages have not been complied with | VSI |
| 10. | Annex I, Section I.1 to Directive 2008/68/EC | The provisions limiting the quantities carried in one transport unit have not been complied with, including permissible degrees of filling tanks or packages; | VSI |
| 11. | Annex I, Section I.1 to Directive 2008/68/EC | Information relevant to the substance being carried enabling determination of level of seriousness of offence is missing (e.g. UN number, proper shipping name, packing group) | VSI |
| 12. | Annex I, Section I.1 to Directive 2008/68/EC | Driver does not hold a valid vocational training certificate | VSI |
| 13. | Annex I, Section I.1 to Directive 2008/68/EC | Fire or an unprotected light is being used | VSI |
| 14. | Annex I, Section I.1 to Directive 2008/68/EC | The ban on smoking is not being observed. | VSI |
| 15. | Annex I, Section I.1 to Directive 2008/68/EC | The vehicle is not properly supervised or parked | SI |
| 16. | Annex I, Section I.1 to Directive 2008/68/EC | The transport unit comprises more than one trailer/semi-trailer | SI |
| 17. | Annex I, Section I.1 to Directive 2008/68/EC | Vehicle no longer complies with the approval standards but does not present an immediate danger | SI |
| 18. | Annex I, Section I.1 to Directive 2008/68/EC | The vehicle is not carrying operational fire extinguishers as required | SI |
| 19. | Annex I, Section I.1 to Directive 2008/68/EC | The vehicle does not carry the equipment required in the ADR or in the instructions in writing | SI |
| 20. | Annex I, Section I.1 to Directive 2008/68/EC | Packages with damaged packaging, IBCs or large packaging or damaged uncleaned empty packaging are being carried | SI |
| 21. | Annex I, Section I.1 to Directive 2008/68/EC | Carriage of packaged goods in a container which is not structurally serviceable | SI |
| 22. | Annex I, Section I.1 to Directive 2008/68/EC | Tanks/tank containers (including ones that are empty and uncleaned) have not been closed properly | SI |
| 23. | Annex I, Section I.1 to Directive 2008/68/EC | Incorrect labelling, marking or placarding on the vehicle and/or containment | SI |
| 24. | Annex I, Section I.1 to Directive 2008/68/EC | There are no instructions in writing conforming to the ADR, or the instructions in writing are not relevant to the goods carried | SI |
10. Groups of infringements against Regulation (EC) No 1072/2009 of the European Parliament and of the Council (14) (Access to the international road haulage market)
| No | LEGAL BASIS | TYPE OF INFRINGEMENTS | MSI / VSI / SI |
|---|---|---|---|
| Community licence | |||
| 1. | Article 3 | Carrying goods without holding a valid Community licence (i.e.: a licence is non-existent, falsified, withdrawn, expired, etc.) | MSI |
| 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.) | VSI |
| Driver attestation | |||
| 3. | Article 3 and 5 | Carrying goods without holding a valid driver attestation (i.e. driver's attestation is non-existent, falsified; withdrawn, expired, etc.) | VSI |
| 4. | Article 3 and 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.) | SI |
11. Groups of infringements against Regulation (EC) No 1073/2009 of the European Parliament and of the Council (15) (Access to the market for coach and bus services)
| No | LEGAL BASIS | TYPE OF INFRINGEMENTS | 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.) | MSI |
| 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.) | VSI |
| Authorisation for regular services | |||
| 3. | Article 5 and 6 | Regular services without a valid authorisation (i.e.: authorisation is non-existent, falsified, withdrawn, expired, misused, etc.) | VSI |
| 4. | Article 19 | The driver unable to present the authorisation to the inspecting officer (i.e. authorisation is lost, forgotten, damaged, etc.) | SI |
| 5. | Article 5 and 6 | Stops of regular services in a Member State do not correspond to the issued authorisation | SI |
| 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.) | SI |
12. Groups of infringements against Council Regulation (EC) No 1/2005 (16) (Animal transport)
| No | LEGAL BASIS | TYPE OF INFRINGEMENTS | MSI / VSI / SI |
|---|---|---|---|
| 1. | Annex I, Chapter II, | Partitions are not strong enough to withstand the weight of animals | VSI |
| 2. | Annex I, Chapter III | Using loading or unloading ramps that has slippery surfaces, that lack lateral protections or that are too steep | SI |
| 3. | Annex I, Chapter III | Using lifting platforms or upper floors that do not have safety barriers preventing animals from falling or escaping during loading and unloading operations | SI |
| 4. | Article 7 | Means of transport not approved for long journeys, or not approved for the type of animals being transported. | SI |
| 5. | Article 4, 5 and 6 | Transporting without valid required documentation, journey log or transporter authorisation or certificate of competence | SI |
ANNEX II — Frequency of occurrence of serious infringements
The regulation also sets the frequency at which repeated infringements move up a level.
3 SI/per driver/per year
=
1 VSI
3 VSI/per driver/per year
=
launch of a national procedure on good repute
What this page is not
It reproduces a published text; it does not replace it. The classification applied during a check belongs to the enforcing authority: each Member State applies its own penalties, and the same overrun may be assessed differently depending on the circumstances.
Source
Full text on EUR-Lex · CELEX 32016R0403
Tables extracted from the official text, then cross-checked across the twenty-three language versions: every row carries the same level of seriousness in all of them.
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