Inspections, exemptions and traffic fines: know your rights
Updated on 13 June 2026
A recorded infringement is not always inevitable. Between the safety exemption under Article 12, the manual annotation and the appeal procedure, you have legitimate tools at your disposal — provided you know them and keep your supporting documents.
The aim is not to "get around" the rules, but to assert your rights when the situation genuinely justifies it. Here are the levers provided for by the applicable regulations.
1. The safety exemption (Article 12)
Article 12 of Regulation 561/2006 acknowledges that it is not always possible to stop at exactly the right moment. To ensure the safety of persons, the vehicle or the load, the driver may depart from the driving and rest time rules to the extent necessary to reach a suitable stopping place (safe rest area, secure parking).
The key condition:
You must note the reason by hand on the printed output or the tachograph record, no later than at the time of stopping. Without this annotation, the exemption is much harder to invoke.
2. Keep your evidence: the winning reflex
✅Tachograph printouts and records with your manual annotations.
✅Transport documents (CMR, mission orders, instructions) that explain the context.
✅Data from your driver card, which accurately reconstruct your actual activity.
✅Any evidence demonstrating a case of force majeure or a cause beyond your control (incident, blockage, weather).
3. Contesting a fine, by the rules
If you consider a traffic fine to be unjustified, you may lodge a request for exemption. For a fixed penalty, the deadline is generally 45 days from the notice — but the exact procedure and deadline are set out on the penalty notice itself, which must be read carefully. Attach your supporting documents and present the facts clearly and factually.
This page is for information purposes only and does not replace legal advice. For an appeal, seek assistance if necessary (union, lawyer, ombudsman). Always observe the deadlines stated on the notice.
4. Driver and employer: who is liable?
Some infringements are the responsibility of the driver, others of the employer (work organisation making compliance impossible, deadline pressure, etc.). If an infringement results from an imposed organisation, this context is a factor to be raised. Keep a written record of the instructions you have received.
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