The European Registers of Road Transport Undertakings (Disclosure of Information) (Amendment) Regulations 2025

4 Amendment of Commission Regulation 2016/403

(1) Commission Regulation (EU) 2016/403 of 18 March 2016 supplementing Regulation (EC) 1071/2009 of the European Parliament and of the Council with regard to the classification of serious infringements of the Union rules, which may lead to the loss of good repute by the road transport operator is amended as follows. (2) After the heading to Annex I (Categorisation of serious infringements), in the unnumbered paragraph before the heading to Section 1 (Groups of infringements against Regulation (EC) No 561/2006 of the European Parliament and of the Council (Driving and resting time)), at the end, insert “or of distorting competition in the road transport market, or both”. (3) In row 4 of the table comprising Section 1, for the entries in the third and fourth columns (Type of infringement), substitute— Exceed daily driving time of 9h by 50 % or more | 13h30 ≤ ... . (4) In row 7 of the table comprising Section 1, for the entries in the third and fourth columns (Type of infringement), substitute— Exceed daily driving time of 10h by 50 % or more | 15h ≤ ... . (5) In row 9 of the table comprising Section 1, in the fourth column (Type of infringement), for “70” substitute “70h”. (6) For row 28 of the table comprising Section 1, substitute— 28. | Article 8.6 | Exceeding 6 consecutive 24-hour periods following the previous weekly rest period | 3h ≤ … < 12h | X 28A. | 12h ≤ ... | X 28B. | Article 8.6b | No compensation rest for two consecutive reduced weekly rest periods | X 28C. | Article 8.8 | Regular weekly rest period or any weekly rest period of more than 45 hours taken in a vehicle | X 28D. | Article 8.8 | The employer not covering costs for accommodation outside the vehicle | X . (7) For row 32 (Work organisation) of the table comprising Section 1, substitute— A32. | 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 32. | Article 10.1 | Link between wage or payment and one or more of— distance travelled; speed of delivery; amount of goods carried | X . (8) In Section 2 (Groups of infringements against Regulation (EU) No165/2014 of the European Parliament and of the Council (Tachograph)), for row 1 of the table, substitute— 1. | Article 3.1, 1za, 1a and 1b and Article 22 | Not having type-approved tachograph installed and used | X . (9) In row 9 of the table comprising Section 2, for the words in the third column (Type of infringements), substitute “Having in the vehicle or using a fraudulent device able to modify the records of the tachograph”. (10) After the sub-heading “Producing information”, but before row 20, in the table comprising Section 2, insert— A20. | Article 34.5, point (b)(v) | Incorrect use or non-use of the ferry/train sign | X B20. | Article 34.6 | Required information not entered on the record sheet | X C20. | Article 34.7 | Records not showing the symbols of the countries whose borders were crossed by the driver during the daily working period | X D20. | Article 34.7 | Records not showing the symbols of the countries where the driver’s daily working period started and finished | X . (11) Omit rows 21 and 22 of the table comprising Section 2. (12) In row 4 of the table comprising Section 6 (Groups of infringements against Council Directive 92/6/EEC (Speed limitation devices)), in the third column (Type of infringements)— (a) for “Using”, substitute, “Having or using”; (b) for “using”, substitute, “having or using”. (13) For the table comprising Section 10 (Groups of infringements against Regulation (EC) No 1072/2009 of the European Parliament and of the Council (Access to the international road haulage market)), substitute— No | LEGAL BASIS | TYPE OF INFRINGEMENT | LEVEL OF SERIOUSNESS MSI | VSI | SI UK licence for the Community or Community licence 1. | Article 3 and Article 8.1 | Carrying goods without holding a valid UK licence for the Community or Community licence issued by a Member State (i.e. a UK licence for the Community or Community licence issued by a Member State is non-existent, falsified, withdrawn, expired, etc.) | X 2. | Article 4 | The haulage undertaking or the driver unable to present a valid UK licence for the Community or a valid certified true copy of such a licence to the inspecting officer (i.e.: UK licence for the Community or certified true copy thereof lost, forgotten, damaged, etc.) | X Driver attestation or EU driver attestation 3. | Article 3 and Article 8.1 | Carrying goods without holding a valid driver attestation or a valid EU driver attestation (i.e. driver attestation or EU driver attestation is non-existent, falsified; withdrawn, expired, etc.) | X 4. | Article 5 | The driver or the haulage undertaking unable to present a valid EU driver attestation or a valid certified true copy of the EU driver attestation to the inspecting officer (i.e. EU driver attestation or certified true copy of the EU driver attestation lost, forgotten, damaged, etc.) | X Cabotage 5. | Article 9 | Carrying out a cabotage operation not in compliance with the laws, regulations and administrative provisions in force in the United Kingdom | X . (14) Omit Section 11 (Groups of infringements against Regulation (EC) No 1073/2009 of the European Parliament and of the Council (Access to the market for coach and bus services)). (15) After Section 12, insert— 13. Infringement against Regulation (EC) No 593/2008 of the European Parliament and of the Council (law applicable to contractual obligations) No | LEGAL BASIS | TYPE OF INFRINGEMENT | LEVEL OF SERIOUSNESS MSI | VSI | SI 1. | Regulation (EC) No 593/2008 | Violation of the law applicable to contractual obligations | X 14. Groups of infringements against obligations under the Trade and Cooperation Agreement between the United Kingdom of Great Britain and Northern Ireland, of the one part, and the European Union and the European Atomic Energy Community, of the other part entered into on 30th December 2020 No. | LEGAL BASIS | TYPE OF INFRINGEMENT | LEVEL OF SERIOUSNESS MSI | VSI | SI 1. | Article 462, paragraphs 3 to 7 | Failure to comply with the limitations on the number of journeys | X 2. | Article 463(3) | The haulage undertaking or the driver unable to present a valid Community licence or a valid certified true copy of such a licence to the inspecting officer (i.e. Community licence or certified true copy thereof lost, forgotten, damaged, etc.) | X Section 2 of Part A of Annex 31 3. | Article 6(1), point (a) | Incomplete information on the posting declaration | X 4. | Article 6(1), point (b) | Failure to submit a posting declaration to the country to which the driver is posted no later than the commencement of the posting | X 5. | Article 6(1), point (b) | Falsified posting declaration for drivers | X 6. | Article 6(1), point (b) | Impossibility of the driver to present a valid posting declaration | X 7. | Article 6(1), point (b) | Failure to put at the disposal of the driver a valid posting declaration | X 8. | Article 6(1), second subparagraph | Failure to submit the requested documents to the host country within eight weeks from the date of the request | X 9. | Article 6(4) | Failure of the operator to keep the posting declaration up to date in the public interface connected to IMI | X . (16) In Annex II (Frequency of occurrence of serious infringements)— (a) in paragraph 1— (i) omit “of a Member State of establishment”; (ii) for “Member States”, substitute “the competent authority”; (iii) in point (c), for “drivers” substitute “vehicles”; (b) in paragraph 2, for “driver”, in both places it occurs, substitute “vehicle”; (c) in paragraph 3— (i) for “driver”, substitute “vehicle”; (ii) for “drivers employed”, substitute “vehicles used”; (iii) for “Member States”, substitute “The competent authority”; (iv) for “their national administrative procedure”, substitute “the national administrative procedure”. (17) Omit Annex III (Infringements).