Key Benefits:
Publics concerned: road transport professionals for people and goods.
Subject: Transposition of Commission Directive 2009/5/EC of 30 January 2009. Amendment Decree No. 86-1130 of 17 October 1986 relating to the obligations and penalties applicable in the field of Community Social Regulation concerning Road Transport and the European Agreement concerning the Work of Crews of Vehicles carrying International Road Transport (AETR) of 1 July 1970.
Entry into force: immediate.
Notice: the decree transposes into domestic law the Commission Directive 2009/5/EC of 30 January 2009 which establishes a classification of offences against European social regulation in road transport.
The various offences to regulations (EC) No. 561/2006 and (EEC) No. 3821/85 are grouped according to a gravity scale, in accordance with the guidelines contained in Annex III to Directive 2009/5/EC:
- minor offences are punishable by 3rd or 4th class offences;
- serious offences are punishable by 4th or 5th class offences;
– very serious offences are punishable by 5th class contraventions or offences provided for inOrder No. 58-1310 of 23 December 1958 amended on working conditions in public and private road transport to ensure the safety of road traffic.
Reference: the texts amended by this decree can be consulted, in their drafting, on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of State, Minister of Ecology, Energy, Sustainable Development and the Sea, in charge of green technologies and climate negotiations,
Considering the European agreement on the work of the crews of vehicles carrying out international road transport (AETR) of 1 July 1970 as amended;
Having regard to Council Regulation (EEC) No. 3821/85 of 20 December 1985 amended concerning the control apparatus in the field of road transport;
Having regard to Regulation (EEC) No. 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonization of certain provisions of social legislation in the field of road transport, amending Regulation (EEC) No. 3821/85 and (EC) No. 2135/98 of the Council and repealing Council Regulation (EEC) No. 3820/85;
In light of Commission Directive 2009/5/EC of 30 January 2009, amending Annex III to Directive 2006/22/EC of the European Parliament and the Council establishing the minimum conditions to be met for the implementation of Council regulations (EEC) No. 3820/85 and (EEC) No. 3821/85 concerning social legislation relating to road transport activities;
Vu le Criminal codearticles 131-13, 132-11 and 132-15;
Vu le Code of Criminal Procedurearticles 529-6 to 529-11;
Vu le road codeincluding article R. 317-2;
See?Order No. 58-1310 of 23 December 1958 amended on working conditions in public and private road transport to ensure the safety of road traffic;
Vu le Decree No. 86-1130 of 17 October 1986 relating to the obligations and penalties applicable in the field of Community Social Regulation concerning Road Transport and the European Agreement concerning the Work of Crews of Vehicles performing International Road Transport (AETR) of 1 July 1970 as amended;
The State Council (Social Section) heard,
Decrete:
Section 3 of the amended 17 October 1986 Order is replaced by the following provisions:
"Art. 3.-I. ― Are punished by the fine provided for third class contraventions:
« 1° The insufficient quantity of paper required for printed outputs;
« 2° The use of record sheets or driver cards stained or damaged, if the data are readable.
“II. ― Are punished by the fine provided for the 4th class contraventions:
« 1° Failure to respect the minimum age of persons referred to in Article 5 of Regulation (EC) No 561 / 2006 of 15 March 2006;
« 2° Less driving time exceedances:
“(a) 2 hours of the 9-hour day-to-day driving time, or 10 hours in the event of the extension provided for in 1° of Article 6 of Regulation (EC) No 561 / 2006 of 15 March 2006;
“(b) 14 hours of weekly driving time;
"(c) From 22.30 minutes of the total driving time accumulated in two consecutive weeks;
"(d) 30 minutes of uninterrupted driving time;
« 3° Insufficient rest time until:
"(a) 2 hours 30 minutes of normal daily rest time or up to 2 hours in case of reduced daily rest;
"(b) 2 hours of 9 hours of normal daily rest time when taken in two slices;
"(c) 2 hours of 9-hour daily rest time in the event of a crew ride;
"(d) 9 hours of normal weekly rest time;
“(e) 4 hours of reduced weekly rest time;
« 4° The following failures to record and control the driving and rest time:
“(a) The presence on board an insufficient number of registration sheets;
“(b) The use of an unregistered model of registration sheet;
"(c) The removal of sheets or driver cards before the end of the day-to-day working period, without effect on recorded data;
"(d) The use of a record sheet or driver card to cover a longer period than that for which it is designed, without loss of data;
“e) The absence of the symbol of the country in the control device;
“(f) The marking of a schedule on the registration sheet does not correspond to the legal time of the country of registration of the vehicle;
“(g) The absence of the following mandatory markings on the registration sheets: date and place of start and end of use, registration number, mileage meter reading at the beginning and end of use, vehicle change time;
“(h) Lack of signature on the provisional sheet.
"III. ― Are punished by the fine provided for the 5th class contraventions:
« 1° The exceedance of driving periods beyond the durations mentioned in 2° of II;
« 2° The insufficiency of daily or weekly rest periods beyond the periods mentioned in 3° of II;
« 3° The following failures to record and control the driving and rest time:
“(a) The use, without legitimate reason, of several registration sheets by the same driver for one day and the lack of understanding of the requirements set by the order mentioned in article 2 bis;
“(b) establishing a link between the remuneration of drivers and the distance travelled or the volume of goods transported;
"(c) The non-conservation by the company of registration sheets, printed outputs and downloaded data during the period provided for in Article 14 of Regulation (EEC) No 3821 / 85 of 20 December 1985;
"(d) The absence of a replacement request within 7 calendar days of the lost, stolen or damaged driver card;
“e) The misuse of the switching device;
“(f) The inability to present the information relating to the current day or one of the 28 preceding days as provided by the 7th of Article 15 of Regulation (EEC) No 3821 / 85 of 20 December 1985;
“(g) Inability to present the driver card;
“(h) The lack of repair by the company of a failure of the control device by an approved body or the absence of repair on the way under the conditions provided by the 1st of Article 16 of Regulation (EEC) No 3821 / 85 of 20 December 1985;
“(i) The absence of a driver card number or driver's license number on the interim sheet.
"IV. ― Recidivism of 5th Class Contraventions Repressed articles 132-11 and 132-15 of the Criminal Code. »
The Minister of State, Minister of Ecology, Energy, Sustainable Development and the Sea, in charge of green technologies and climate negotiations, the Minister of State, the Minister of Seals, Minister of Justice and Freedoms, and the Secretary of State for Transport are responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done in Paris, July 23, 2010.
François Fillon
By the Prime Minister:
Minister of State, Minister of Ecology,
of energy, sustainable development and the sea,
green technologies
and climate negotiations,
Jean-Louis Borloo
The state minister, keep seals,
Minister of Justice and Freedoms,
Michèle Alliot-Marie
Secretary of State
Transport Officer
Dominic Bussereau
