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Policy rule on penalty payment Labour Time Act and Working Time Decision Transport (road transport) 2016

Original Language Title: Beleidsregel boeteoplegging Arbeidstijdenwet en Arbeidstijdenbesluit vervoer (wegvervoer) 2016

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Policy rule by the Minister of Infrastructure and the Environment and the Minister of Social Affairs and Employment, of 21 March 2016, no. ILT-2016/23757, laying down rules on the fixing of fines for breaches of the Working Time Act committed by persons referred to in Article 5:12 (a) of that Act (Law on the Law on the Law of the Labour Time Act, and Working Time Decision Transport (Road) 2016)

The Minister for Infrastructure and the Environment and the Minister for Social Affairs and Employment,

Having regard to Article 10:7, 6th paragraph, of the Labor Time Act ;

HAVE DECIDED AS:


Article 1. Calculation of the administrative penalty

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  • 1 This policy rule applies to all offences identified as such by or under the Working Time Act and relating to employment conducted by persons referred to in the Act. Article 5:12, second paragraph, point (a) of the Working Time Act and labour in undertakings or establishments directly related to work carried out in or on motor vehicles as referred to in Article 5:12 (a) of the Working Time Act.

  • 2 In the calculation of an administrative penalty as referred to in Article 10: 5 of the Labour Time Act -for all infringements, the standard amounts applicable to the various items in the tariff heading list shall be standard amounts of administrative fine road transport as such Annex 1 is attached to this policy rule.

  • 3 In the application of paragraph 2, a distinction shall be made between:

    • a. Infringements, for which an administrative fine is imposed immediately upon finding and which are listed as listed as listed in the list Annex 2 to this policy rule; and

    • b. Infringements for which, Annex 2 an administrative penalty shall be imposed only after a similar infringement has been detected before the same offence has been detected.


Article 2. Cumulation of administrative penalties

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Without prejudice to Articles 3 , 5 and 6 In the case of a number of offences, the administrative fine to be imposed by a penalty decision shall consist of the sum of the amounts of fines calculated for each infringement.


Article 3. Maximisation of fine employees

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A maximum of one penalty shall be imposed on workers by each type of infringement.


Article 4. Maximum number of employees

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In the case of a business inspection, the maximum number of persons to be included in the forest report in respect of which one or more offences has been established for an employer with:

  • a. Less than 25 employees: 3,

  • b. 25 or more, but less than 50 employees: 6,

  • c. 50 or more, but less than 100 employees: 9,

  • d. 100 or more employees: 12.


Article 5. Maximum fine for a first business inspection

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  • 1 The fine, which may be imposed at the maximum of a first business inspection for a holding of 100 or more employees, shall not exceed the amount of the fifth category referred to in Article 1 (2). Article 23 (4) of the Code of Criminal Law .

  • 2 The following principles for the maximum fine to be imposed shall be applied to the employer who employs a number of workers who are deviant from the first member to a first business inspection:

    • a. 0,25 times the amount specified in the first member for less than 25 employees;

    • b. 0,50 times the amount specified in the first paragraph for 25 or more but less than 50 employees;

    • c. 0,75 times the amount specified in the first member at 50 or more but less than 100 employees.


Article 6. Independent

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Article 7. Repeal of the Act on Civil Law and the Working Time Act on Transport (road transport)

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The Policy rule on penalty of the Labour Time Act and the Working Time Act on Transport (road transport) shall be withdrawn.


Article 8. Transitional duty

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The Policy rule on penalty of the Labour Time Act and the Working Time Act on Transport (road transport) As it was before the adoption of this new policy rule, offences committed before the entry into force of this new policy rule continue to be applicable.


Article 9. Entry of

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This policy rule shall enter into force from the day following the date of issuance of the State Official Gazette in which it is placed.


Article 10. Citation Title

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This policy rule is cited as: Policy rule penalty submission Working Time Act and Labor Time Decision Transport (road transport) 2016.

This policy rule is placed in the Official Gazette, together with the explanatory notes and annexes.

The

Minister

of Infrastructure and the Environment,

M.H. Schultz van Haegen-Maas Geesteranus

The

Minister

of Social Affairs and Employment,

L. Asscher


Annex 1. Rate list of penalty area amounts of administrative fine road transport (Forest Catalogue) as intended Article 1, second paragraph of the Policy Rule penalty Interpretation Labour Time Act and Working Time Act Transport (Road Transport) 2016

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Bean Catalog

For the purposes of this Forest Catalogue, the following definitions shall apply:

  • Atw: Working Time Act ;

  • Atbv: Working time decision transport ;

  • RGBCT: Control system use and on-board computer cards ;

  • Bp 2000: Decision on passenger transport 2000 ;

  • Vo 165/2014: Regulation (EU) No 165/2014 of the European Parliament and of the Council of 4 February 2014 relating to tachographs in road transport, repealing Regulation (EEC) No 165/2014 of the European Parliament and of the Council Regulation (EEC) No 3821/85 on recording equipment in road transport and amending Regulation (EC) No 3821/85 561/2006 of the European Parliament and of the Council on the harmonisation of certain social legislation relating to road transport (PbEU 2014, L 60);

  • Vo 561/2006: Regulation (EC) No 148/EC 561/2006;

  • AETR: the European Agreement on the working conditions of crews of motor vehicles in international transport by road AETR (Trb, adopted in Geneva on 1 July 1970). 1972, 97).

Edition 2016

KI = Small breach € 0,--€ 199,-(directly wooded from 3 P. business inspection)

BI = Important breach € 200,--€ 549,-(directly wooded from 2 P. business inspection)

HBI = Very important breach ≥ € 550,-(directly wooded from 1 P. business inspection)

Fact-

Code

Determination violation

Violation Description

Standard

Addressee

Fine

Directly wooded

Transport-

inspection

1. REGISTRATION AND RETENTION

A 4.3 (1)

Art. 4:3, 1st member, Atw

Failure to conduct a proper registration by an employer and a person as referred to in Art. 2:7, 1st Member In relation to the working hours and rest periods which permit the monitoring of compliance with this Act and the provisions based thereon.

Employer/Self-employed

4,400,-

No

B 2.4:1 (1)

Art. 2.4:1, 1st member, Atbv

Failure to keep an original proper registration for at least 104 weeks (such as duty roster, data on board computer taxi)

Employer/Self-employed

4,400,-

No

B 2.4:1 (1a)

Art. 2.4:1, second member, Atbv jo art. 33, second paragraph, Vo 165/2014

Non-storage of original sound registration for at least 1 year (such as record sheets, printing)

Employer/Self-employed

4,400,-

No

B 2.4:1 (1b)

Art. 2.4:1, second member, Atbv jo art. 33, second paragraph, Vo 165/2014

The record sheets, prints and transferred data were not produced or handed over at the request of the officials responsible for verification.

Employer/Self-employed

4,400,-

No

B 2.4:1 (2)

Art. 2.4:1, 3rd member, Atbv jo art. 6, fifth paragraph, Vo 561/2006

Other activities are not registered

Employer/Self-employed

550,-

Yes

B 2.4:1 (2a)

Art. 2.4:1, 4th member, Atbv jo art. 10, fifth paragraph, Vo 561/2006

Employer/Stand-alone have the original downloaded

data from vehicle unit and/or driver card not kept for 12 months

Employer/Self-employed

4,400,-

No

B 2.4:1 (2b)

Art. 2.4:1, 5th member, Atbv

Employee has the registration data and documents (m.b.t. Article 4: 3 Atw ) have not been kept during his transport operations until the date of transfer to the employer

Employer/Self-employed

550,-

No

B 2.4:1 (4)

Art. 2.4:1, 6th member, Atbv Jo Art. 11, second paragraph, Code of tachograph-

Cards

Employer/self-employed person has not transferred the data on the driver card to the establishment every 28 days

Employer/Self-employed

1,100,-

No

B 2.4:1 (5)

Art. 2.4:1, 6th member, Atbv Jo Art. 11, first paragraph, Code of tachograph-

Cards

Employer/nouns have not transferred data from the vehicle unit to the establishment every 90 days

Employer/Self-employed

2,200,-

No

2 BCT

B 2.4:2 (15)

Art. 2.4:2, 1st member, Atbv

No use made of on-board computer

Employer/Self-employed

4,400,-

Yes

B 2.4:2 (16)

Art. 2.4:2, second member, Atbv Jo Art. 18, 1st member, RGBCT

Failure to comply with registration obligations carrier and driver

Employer/Self-employed

550,-

Yes

B 2.4:2 (17)

Art. 79, fourth paragraph, Bp 2000

Non-compliance with carrier/self-employed registration obligation

Employer/Self-employed

4,400,-

Yes

B 2.4:2 (18)

Art. 80, fourth member, Bp 2000

Non-transmission of data by carrier, self-employed and driver

(Further elaboration)

Art. 16, eighth member and 19, first, second and third member RGBCT )

Employer/Self-employed

550,-

No

B 2.4:2 (19)

Art. 83, eighth paragraph, point (b), Bp 2000

Incorrect use of test card, i.v.m. Art. 10 Arrangement workshops BCT

Approval holder

1,100,-

Yes

B 2.4:2 (20)

Art. 83, eighth paragraph, point (b), Bp 2000

Bad Notification Article 15, second paragraph RGBCT

Approval holder

200,-

Yes

B 2.4:2 (21)

Art. 83, eighth paragraph, point (b), Bp 2000 jo art.

15, 4th member, RGBCT

Non-return withdrawn verification card

Approval holder

200,-

Yes

3. DUTY ROSTER

B 2.4:3 (1)

Art. 2.4:3, 1st member, Atbv Jo Art. 4, first paragraph, Scheme of duty roster I. v.m. art. 16, second paragraph, Vo 561/2006

Having not drawn up a duty roster

Employer/Self-employed

4,400,-

Yes

B 2.4:3 (2)

Art. 2.4:3, 3rd member, Atbv Jo Art. 4, first paragraph, Scheme of duty roster I. v.m. art. 16, second paragraph, Vo 561/2006

Non-compliance requirements on a duty roster

(no name, place of employment and fixed grid)

Employer/Self-employed

200,-

Yes

B 2.4:3 (3)

Art. 2.4:3, 3rd member, Atbv Jo Art. 4, first paragraph, Scheme of duty roster I. v.m. art. 16, third paragraph, point (a), (%) 561/2006

Non-compliance requirements for the duty roster (Stable does not contain the particulars as referred to in Article 16, third paragraph, point (a) of the Vo 561/2006 and the data of the current day)

Employer/Self-employed

200,-

Yes

B 2.4:3 (4)

Art. 2.4:3, 3rd member, Atbv Jo Art. 4, first paragraph, Scheme of duty roster I. v.m. art. 16, third paragraph, point (b), (%) 561/2006

Non-compliance requirements on a duty roster

(Scatter not signed by Head of Company or of his authorised representative)

Employer/Self-employed

200,-

No

B 2.4:3 (6)

Art. 2.4:3, 3rd member, Atbv Jo Art. 4, Scheme duty roster i.v.m.

Art. 16, second paragraph, Vo 561/2006

Non-compliance requirements on a duty roster

(Not included in a duty roster/timetable)

Employer/Self-employed

550,-

Yes

B 2.4:3 (7)

Art. 2.4:3, 3rd member, Atbv Jo Art. 4, first paragraph, Scheme of duty roster I. v.m. art. 16, third paragraph, point (c), (%) 561/2006, and having regard to Art. 4: 3 Atw

The non-preservation of the duty roster after the end of the one year period concerned

Employer/Self-employed

4,400,-

No

4. MISUSE OF CONTROL EQUIPMENT

B 2.4:4 (1)

Art. 2.4:4, first paragraph, point (a), Atbv

In the case of incorrect data, or incorrect notes, to be made, to be made, or to be taken in the case of control agents.

that they are placed therein or

Employer/Self-employed worker

4,400,-

1,500,-

Yes

B 2.4:4 (2)

Art. 2.4:4, first paragraph, point (b), Atbv

To make, in or on control equipment, change, make or permit modification to be made in earlier or set particulars or notes, to make them unreadable,

make or permit the creation of unreadable form

Employer/Self-employed worker

4,400,-

1,500,-

Yes

B 2.4:4 (3)

Art. 2.4:4, first paragraph, point (c), Atbv

Complete or partial search or search, make or cause unsound, destroy, destroy, or hide, hide or cause to be concealed, or to allow such search, to be made to search, to be unsound Made, destroyed or hidden

Employer/Self-employed worker

4,400,-

1,500,-

Yes

B 2.4:4 (4)

Art. 2.4:4, first paragraph, point (d), Atbv

Use of a control device where or in which incorrect endorsements have been used, to which or in which the endorsements have been amended or which have been annotated or unreadable

Employer/Self-employed worker

4,400,-

1,500,-

Yes

B 2.4:4 (9)

Art. 2.4:4, 1st member, under e, Atbv

Use a non-proprietary driver card, workshop card or company card, except for an employer card of an employer used by his employee.

Employer/Self-employed worker

4,400,-

1,500,-

Yes

B 2.4:4 (11)

Art. 2.4:4, 1st member, under f, Atbv

To have a device in the vehicle which can be used for use as referred to in parts a to e.

Employer/Self-employed worker

4400,-

1500,-

Yes

B 2.4:4 (10b)

Art. 2.4:13, 2nd member, Atbv jo art. 27, second paragraph, Vo 165/2014;

Art. 2.4:13, 4th member, Atbv jo art. 10, second paragraph, AETR on art. 11, 4th member, Annex recording equipment AETR

Possession of more than one valid driver card issued on his name. Use defective or expired driver card

Employer/Self-employed

Employee

4,400,-

1,500,-

Yes

B 2.4:5 (38)

Art. 2.4:13, 2nd member, Atbv jo art. 32, third paragraph,% 165/2014;

Art. 2.4:13, 4th member, Atbv jo art. 10, second paragraph, AETR on art. 12, 8th paragraph, Annex Control Devices AETR

Falsification, concealing, deletion or destruction of data on registration sheets/tachograph/

driver card; manipulation tachograaf/registration sheet/

driver card

Employer/Self-employed worker

4400,-

1500,-

Yes

B 2.4:5 (40)

Art. 2.4:13, 2nd member, Atbv jo art. 32, third member,

Vo 165/2014;

Art. 2.4:13, 4th member, Atbv jo art. 10, second paragraph, AETR on art. 12, 8th paragraph, Annex Control Devices AETR

Means of defeat in the vehicle (switchear/thread, etc.) that can be used to falsify data and/or information on printouts

Employer/Self-employed worker

4,400,-

1,500,-

Yes

5. INSTALLATION AND USE TACHOGRAPH

B 2.4:5 (1)

Art. 2.4:13, 1st member, Atbv Jo Art. 45 Scheme control devices 2005

Do not take care that the control

device is equipped with seals (for example: 1) P. installation)

Employer/Self-employed

2,200,-

Yes

B 2.4:5 (1a)

Art. 2.4:13, 1st member, Atbv Jo Art. 45 Scheme control devices 2005

Do not ensure that the recording equipment is equipped with an installation plate (for example: 1) P. installation)

Employer/Self-employed

200,-

Yes

B 2.4:5 (2)

Art. 2.4:13, 1st member, Atbv Jo Art. 45 Scheme control devices 2005 ; Art. 2.4:13, second member, Atbv jo art. 3, first paragraph, Vo 165/2014;

Art. 2.4:13, 4th member, Atbv jo art. 10 AETR

Do not ensure that a recording device is fitted to meet the legal requirements

Employer/Self-employed

4,400,-

Yes

B 2.4:5 (3)

Art. 2.4:13, 1st member, Atbv Jo Art. 46 Order of control devices 2005

Not to ensure that the recording equipment has been examined within 2 years.

Employer/Self-employed

200,-

Yes

B 2.4:5 (31)

Art. 2.4:13, 1st member, Atbv jo Art. 46 Order of control devices 2005

Not to ensure that the recording equipment is equipped with an installation plaque (forgotten).

Employer/Self-employed

50,-

Yes

B 2.4:5 (3a)

Art. 2.4:13, 2nd member, Atbv jo art. 1% 165/2014;

Art. 2.4:13, 4th member, Atbv jo art. 10, 2nd paragraph, AETR IV. Annex Appendix 1, Chapter VI, under 3b, AETR

Not to ensure that the recording equipment has been examined within 6 years (Analog Control Device)

Employer/Self-employed

200,-

Yes

B 2.4:5 (3b)

Art. 2.4:13, 2nd member, Atbv jo art. 23, first paragraph, Vo 165/2014;

Art. 2.4:13, 4th member, Atbv jo art. 10, 2nd paragraph, AETR IV. Appendix 1B, AETR

Not to ensure that the recording equipment has been examined within 2 years (digital control device)

Employer/Self-employed

200,-

Yes

B 2.4:5 (3c)

Art. 2.4:13, 2nd member, Atbv jo art. 22, fourth paragraph,% 165/2014;

Art. 2.4:13, 4th member, Atbv jo art. 10, 2nd paragraph, AETR IV. Appendix 1B, AETR

Not to ensure that the (digital) tachograph is equipped with an installation plaque (forgotten) after examination

Employer/Self-employed

50,-

Yes

B 2.4:5 (4)

Art. 2.4:13, 1st member, Atbv Jo Art. 46 Order of control devices 2005

Not to ensure that the seals remain unchanged and in tact or after discontinuation of the seals the tachograph has been examined.

Employer/Self-employed

2,200,-

Yes

B 2.4:5 (4a)

Art. 2.4:13, 1st member, Atbv Jo Art. 46, point (b), Control devices 2005

Not to ensure that the tachograph is examined in the case of change to the vehicle which has affected road rotation or tyre circumference

(row and rest periods are not registered correctly)

Employer/Self-employed

4,400,-

Yes

B 2.4:5 (6)

Art. 2.4:13, 2nd member, Atbv jo art. 32, first paragraph,% 165/2014;

Art. 2.4:13, 4th member, Atbv jo art. 10, second paragraph, AETR on art. 10 AETR attachment devices

Employer/standalone has not due to the correct operation and correct use of the tachograph and driver card

Employer/Self-employed

4,400,-

Yes

B 2.4:5 (6a)

Art. 2.4:13, 2nd member, Atbv jo art. 32, first paragraph,% 165/2014;

Art. 2.4:13, 4th member, Atbv jo art. 10, second paragraph, AETR on art. 10 AETR attachment devices

Employer/standalone has not due to the correct operation and correct use of the tachograph and driver card (malfunction movement transducer after final calibration. Non-covered workshop card and no manipulation)

Employer/Self-employed

200,-

Yes

B 2.4:5 (7a)

Art. 2.4:13, 2nd member, Atbv jo art. 32, first paragraph,% 165/2014;

Art. 2.4:13, 4th member, Atbv jo art. 10, second paragraph, AETR on art. 10 AETR attachment devices

The settings in the tachograph are not correct, but registration of driving or rest periods is correct.

Employer/Self-employed

200,-

Yes

B 2.4:5 (7)

Art. 2.4:13, 2nd member, Atbv jo art. 33, first paragraph, Vo 165/2014;

Art. 2.4:13, 4th member, Atbv jo art. 10, second paragraph, AETR on art. 11, 1st paragraph, Annex Control Devices AETR

Insufficient record sheets provided

Employer/Self-employed

200,-

Yes

B 2.4:5 (8)

Art. 2.4:13, 2nd member, Atbv jo art. 33, first paragraph, Vo 165/2014;

Art. 2.4:13, 4th member, Atbv jo art. 10, second paragraph, AETR on art. 11, 1st paragraph, Annex Control Devices AETR

Specimen of the record sheet not approved (provision)

Employer/Self-employed

200,-

No

B 2.4:5 (9)

Art. 2.4:13, 2nd member, Atbv jo art. 33, first paragraph, Vo 165/2014;

Art. 2.4:13, 4th member, Atbv jo art. 10, second paragraph, AETR on art. 11, 1st paragraph, Annex Control Devices AETR

Insufficient paper for print-outs

Employer/Self-employed

200,-

Yes

B 2.4:5 (11)

Art. 2.4:13, 2nd member, Atbv jo art. Article 34, second paragraph,% 165/2014;

Art. 2.4:13, 4th member, Atbv jo art. 10, second paragraph, AETR on art. 12, 1st paragraph, Annex Control Devices AETR

Use of dirty or damaged record sheets or driver cards

Driver

550,-

Yes

B 2.4:5 (12)

Art. 2.4:13, 2nd member, Atbv jo art. 34, first paragraph,% 165/2014;

Art. 2.4:13, 4th member, Atbv jo art. 10, second paragraph, AETR on art. 12, 2nd paragraph, Annex Control Devices AETR

Non-use of a record sheet

Driver

1,100,-

Yes

B 2.4:5 (12a)

Art. 2.4:13, 2nd member, Atbv jo art. 34, first paragraph,% 165/2014;

Art. 2.4:13, 4th member, Atbv jo art. 10, second paragraph, AETR on art. 12, 2nd paragraph, Annex Control Devices AETR

Non-use of a driver card (a driver card has been issued)

Driver

1,100,-

Yes

B 2.4:8 (1)

Art. 2.4:8 Atbv

Not acting in accordance with Article 27 or 29, fifth paragraph, Vo 165/2014

Employer/Self-employed

2,200,-

Yes

B 2.4:9 (1)

Art. 2.4:9 Atbv

Workshop card not according to art. 22, second paragraph, third paragraph, first sentence, fourth and fifth member and art. 23% 165/2014 used

Employer/Stand-alone/Approval-

Holder

1,100,-

Yes

B 2.4:10 (1)

Art. 2.4:10 Atbv

Business card is out of compliance Art. 2.4:10 Atbv Used

Employer/Self-employed

550,-

Yes

B 2.4:11 (1)

Art. 2.4:11, 3rd member, Atbv

No record of loss or theft of driver card, workshop card or business card

Employer/Self-employed

200,-

No

B 2.4:5 (18)

Art. 2.4:13, 2nd member, Atbv jo art. Paragraph 34, third paragraph,% 165/2014;

Art. 2.4:13, 4th member, Atbv jo art. 10, second paragraph, AETR on art. 12, 2nd paragraph, Annex Control Devices AETR

No manual input when required

Driver

550,-

Yes

B 2.4:5 (20)

Art. 2.4:13, 2nd member, Atbv jo art. Article 34, fifth paragraph, point (a), (165/2014);

Art. 2.4:13, 4th member, Atbv jo art. 10, second paragraph, AETR on art. 12, 3rd member, Annex recording equipment AETR

The time stamp on the sheet shall not correspond to the official time of the country in which the vehicle is registered

Driver

200,-

Yes

B 2.4:5 (21)

Art. 2.4:13, 2nd member, Atbv jo art. Article 34, fifth paragraph, point (b), (65/165/2014);

Art. 2.4:13, 4th member, Atbv jo art. 10, second paragraph, AETR on art. 12, 3rd member, Annex recording equipment AETR

Incorrect use of the switching bodies

Driver

550,-

Yes

B 2.4:5 (21a)

Art. 2.4:13, 2nd member, Atb v Jo art. Paragraph 34, sixth paragraph, 2005 165/2014;

Art. 2.4:13, 4th member, Atbv jo art. 10, second paragraph, AETR on art. 12, Fifth paragraph, Annex Control Devices AETR

Member record sheet not filled in all

Driver

1,100,-

Yes

B 2.4:5 (22)

Art. 2.4:13, 2nd member, Atbv jo art. 34, sixth paragraph, point (a), (65/165/2014);

Art. 2.4:13, 4th member, Atbv jo art. 10, second paragraph, AETR on art. 12, Fifth paragraph, Annex Control Devices AETR

Family name and/or first name missing from the record sheet

Driver

550,-

Yes

B 2.4:5 (24)

Art. 2.4:13, 2nd member, Atbv jo art. -Paragraph 34, sixth paragraph, point (b), (65/165/2014);

Art. 2.4:13, 4th member, Atbv jo art. 10, second paragraph, AETR on art. 12, Fifth paragraph, Annex Control Devices AETR

Date at the beginning or end of use of the sheet missing

Driver

200,-

Yes

B 2.4:5 (25)

Art. 2.4:13, 2nd member, Atbv jo art. -Paragraph 34, sixth paragraph, point (b), (65/165/2014);

Art. 2.4:13, 4th member, Atbv jo art. 10, second paragraph, AETR on art. 12, Fifth paragraph, Annex Control Devices AETR

Place at the beginning or end of the use of the sheet is missing

Driver

100,-

Yes

B 2.4:5 (26)

Art. 2.4:13, 2nd member, Atbv jo art. Paragraph 34, sixth paragraph, point (c), (65/165/2014);

Art. 2.4:13, 4th member, Atbv jo art. 10, second paragraph, AETR on art. 12, Fifth paragraph, Annex Control Devices AETR

Registration number missing on the record sheet

Driver

100,-

Yes

B 2.4:5 (27)

Art. 2.4:13, 2nd member, Atbv jo art. 34, sixth paragraph, point (d) (i), (165/2014);

Art. 2.4:13, 4th member, Atbv jo art. 10, second paragraph, AETR on art. 12, Fifth paragraph, Annex Control Devices AETR

Mileage (before the first drive recorded on the sheet) is missing from the record sheet

Driver

200,-

Yes

B 2.4:5 (28)

Art. 2.4:13, 2nd member, Atbv jo art. 34, sixth paragraph, point (d) (ii), (65/165/2014);

Art. 2.4:13, 4th member, Atbv jo art. 10, second paragraph, AETR on art. 12, Fifth paragraph, Annex Control Devices AETR

Mileage (at the end of the last drive recorded on the record sheet) is missing from the record sheet

Driver

100,-

Yes

B 2.4:5 (29)

Art. 2.4:13, 2nd member, Atbv jo art. Paragraph 34, sixth paragraph, point (e), (165/2014);

Art. 2.4:13, 4th member, Atbv jo art. 10, second paragraph, AETR on art. 12, Fifth paragraph, Annex Control Devices AETR

The time when the vehicle is switched on is missing from the record sheet

Driver

100,-

Yes

B 2.4:5 (30)

Art. 2.4:13, 2nd member, Atbv jo art. Paragraph 34, seventh paragraph,% 165/2014;

Art. 2.4:13, 4th member, Atbv jo art. 10, second paragraph, AETR on art. 12, fifth paragraph (a), Annex recording equipment AETR

The country symbol (beginning and or end country) is not entered in the recording device

Driver

100,-

Yes

6. SUBMISSION OF INFORMATION

B 2 4 5 (32)

Art. 2.4:13, 2nd member, Atbv jo art. 36, first or second member, V6165/2014;

Art. 2.4:13, 4th member, Atbv jo art. 10, second paragraph, AETR on art. 12, 7th member, Annex Control Devices AETR

Print-outs, manual registration data, driver card of the day itself and the prior 28 days cannot submit at the time of the check

If placed on the spot during the cessation of work orders, the fine will be measured at a moderate amount of € 110,-

Driver

550,-

Yes

7. DEFECT

B 2.4:5 (41)

Art. 2.4:13, 2nd member, Atbv jo art. 37, first paragraph, Vo 165/2014;

Art. 2.4:13, 4th member, Atbv jo art. 10, second paragraph, AETR on art. 13, 1st paragraph, Annex Control Devices AETR

Defective tachograph has not been recovered by an approved installer or workshop

Employer/Self-employed

2,200,-

Yes

B 2.4:5 (42)

Art. 2.4:13, 2nd member, Atbv jo art. 37, first paragraph, Vo 165/2014;

Art. 2.4:13, 4th member, Atbv jo art. 10, second paragraph, AETR on art. 13, 1st paragraph, Annex Control Devices AETR

Defective tachograph has not been repaired during the trip

Employer/Self-employed

200,-

Yes

8. MANUAL INPUT ON PRINT-OUTS

B 2.4:5 (43)

Art. 2.4:13, 2nd member, Atbv jo art. 37, second paragraph, Vo 165/2014;

Art. 2.4:13, 4th member, Atbv jo art. 10, second paragraph, AETR on art. 13, 2nd paragraph, Annex Control Devices AETR

The driver shall indicate, in the case of a defect/unusable tachograph or in the case of a practice test as referred to in Article 21, second paragraph, Vo165/2014 not all data for the different times which are no longer correctly registered or printed

Driver

550,-

Yes

B 2.4:5 (44)

Art. 2.4:13, 2nd member, Atbv , Jo art. 37, second paragraph, Vo 165/2014;

Art. 2.4:13, 4th member, Atbv jo art. 10, second paragraph, AETR on art. 13, 2nd paragraph, Annex Control Devices AETR

The driver shall indicate, in the case of a defect/unusable tachograph, or in the case of a practice test as referred to in Article 21, second paragraph. Vo 165/2014 not the driver card number and/or driver 's name and/or driver' s license number

Driver

550,-

Yes

B 2.4:5 (45)

Art. 2.4:13, 2nd member, Atbv jo art. 37, second paragraph, Vo 165/2014;

Art. 2.4:13, 4th member, Atbv jo art. 10, second paragraph, AETR on art. 13, 2nd paragraph, Annex Control Devices AETR

The signature of the driver is missing from the temporary sheet in case of a defective/unserviceable tachograph or in case of a practice test as referred to in Article 21 (2) 165/2014

Driver

200,-

Yes

B 2.4:5 (46)

Art. 2.4:13, 2nd member, Atbv jo art. 29, fourth paragraph,% 165/2014;

Art. 2.4:13, 4th member, Atbv jo art. 10, second paragraph, AETR on art. 13, 3rd member, Annex recording equipment AETR

In case of damage, failure, loss or theft of driver card, not to apply for replacement within 7 calendar days to competent authority

Driver

200,-

Yes

9. TACHOGRAPH CARD SCHEME

B 2.4:13 (1)

Art. 2.4:13, 1st member, Atbv Jo Art. 10 Tachograph cards ;

Art. 2.4:13, 4th member, Atbv jo art. 10, second paragraph, AETR on art. 13, 2nd paragraph, Annex Control Devices AETR

Driver signs on loss, theft, defect or damage to his driver card no manual registration

Driver

550,-

Yes

10. CONTROL APPARATUS CONTROL 2005

B 2.4:13 (7)

Art. 2.4:13, 1st member, Atbv Jo Art. 32 Order of control devices 2005

Recognition holder shall not keep the records in the register for at least three years

Recognition-

Holder

1,100,-

No

B 2.4:13 (8)

Art. 2.4:13, 1st member, Atbv Jo Art. 33 System of control devices 2005

No regular transfer of calibration data to computer by recognition and workshop cardholder

Recognition-

Holder/Workspace-

cardholder

1,100,-

No

B 2.4:13 (9)

Art. 2.4:13, 1st member, Atbv Jo Art. 34, second paragraph, 2005 Control Equipment Scheme

Approval holder does not keep the data for at least 52 weeks

Recognition-

Holder

1,100,-

No

B 2.4:13 (10)

Art. 2.4:13, 1st member, Atbv Jo Art. 34, third member, Audit apparatus 2005

Data as referred to in Art. 34, first and second members , changed

Recognition-

Holder

1,100,-

No

B 2.4:13 (11)

Art. 2.4:13, 1st member, Atbv Jo Art. 34, ninth member, Audit apparatus 2005

Approval holder does not comply with the request of the regulator to provide data

Recognition-

Holder

1,100,-

No

11. DRIVING TIMES AND REST PERIODS
INSUFFICIENT DAILY REST PERIOD OF LESS THAN 11 HOURS, IF A REDUCTION IN DAILY REST TIME IS NOT PERMITTED

B 2.5:1 (1)

Art. 2.5:1, second member, Atbv jo art. 8, second paragraph, (b) (b) (b)

Art. 2.5:1, second member, Atbv jo art. 8, second paragraph, AETR

If a reduction in daily rest is not allowed; daily rest less than 11 hours

Employer/Self-employed

100,-

Yes

B 2.5:1 (2)

Art. 2.5:1, second member, Atbv jo art. 8, second paragraph, (b) (b) (b)

Art. 2.5:1, second member, Atbv jo art. 8, second paragraph, AETR

If a reduction in daily rest is not allowed; daily rest less than 10 hours

Employer/Self-employed

200,-

Yes

B 2.5:1 (3)

Art. 2.5:1, second member, Atbv jo art. 8, second paragraph, (b) (b) (b)

Art. 2.5:1, second member, Atbv jo art. 8, second paragraph, AETR

If a reduction in daily rest is not allowed; daily rest less than 8 hours 30

Employer/Self-employed

550,-+ 100,-per hour too short

Yes

INSUFFICIENT DAILY REST PERIOD OF LESS THAN 9 HOURS, IF SHORTENING IS ALLOWED

B 2.5:1 (4)

Art. 2.5:1, second member, Atbv jo art. 8, second paragraph, (b) (b) (b)

Art. 2.5:1, second member, Atbv jo art. 8, second paragraph, AETR

If shortening is allowed; daily rest less than 9 hours

Employer/Self-employed

100,-

Yes

B 2.5:1 (5)

Art. 2.5:1, second member, Atbv jo art. 8, second paragraph, (b) (b) (b)

Art. 2.5:1, second member, Atbv jo art. 8, second paragraph, AETR

If shortening is allowed; daily rest less than 8 hours

Employer/Self-employed

200,-

Yes

B 2.5:1 (6)

Art. 2.5:1, second member, Atbv jo art. 8, second paragraph, (b) (b) (b)

Art. 2.5:1, second member, Atbv jo art. 8, second paragraph, AETR

If shortening is allowed;

daily rest less than 7 hours

Employer/Self-employed

550,-+ 100,-per hour too short

Yes

INSUFFICIENT DAILY REST PERIOD OF LESS THAN 9 HOURS FOR MULTIPLE CREW

B 2.5:1 (10)

Art. 2.5:1, second member, Atbv jo art. 8, fifth paragraph, Vo 561/2006,

Art. 2.5:1, second member, Atbv jo art. 8, 3rd member, AETR

Daily rest multiple crew less than 9 hours

Employer/Self-employed

100,-

Yes

B 2.5:1 (11)

Art. 2.5:1, second member, Atbv jo art. 8, fifth paragraph, Vo 561/2006,

Art. 2.5:1, second member, Atbv jo art. 8, 3rd member, AETR

Daily rest multiple crew less than 8 hours

Employer/Self-employed

200,-

Yes

B 2.5:1 (12)

Art. 2.5:1, second member, Atbv jo art. 8, fifth paragraph, Vo 561/2006; art. 2.5:1, second member, Atbv jo art. 8, 3rd member, AETR

Daily rest multiple crew less than 7 hours

Employer/Self-employed

550,-+ 100,-per hour too short

Yes

INSUFFICIENT LENGTH OF WEEKLY REST PERIOD OF LESS THAN 24 HOURS

B 2.5:1 (13)

Art. 2.5:1, second member, Atbv jo art. 8, sixth paragraph, Vo 561/2006,

Art. 2.5:1, second member, Atbv jo art. 8, 6th paragraph, AETR

Reduced weekly rest period

less than 24 hours

Employer/Self-employed

100,-

Yes

B 2.5:1 (14)

Art. 2.5:1, second member, Atbv jo art. 8, sixth paragraph, Vo 561/2006,

Art. 2.5:1, second member, Atbv jo art. 8, 6th paragraph, AETR

Short weekly rest period less than 22 hours

Employer/Self-employed

200,-

Yes

B 2.5:1 (15)

Art. 2.5:1, second member, Atbv jo art. 8, sixth paragraph, Vo 561/2006,

Art. 2.5:1, second member, Atbv jo art. 8, 6th paragraph, AETR

Reduced weekly rest time less than 20 hours

Employer/Self-employed

550,-+ 100,-per hour short of a max of 1,000,-

Yes

INSUFFICIENT WEEKLY REST PERIOD OF LESS THAN 45 HOURS, IF THE REDUCTION IN THE WEEKLY REST PERIOD IS NOT PERMITTED

B 2.5:1 (16)

Art. 2.5:1, second member, Atbv jo art. 8, sixth paragraph, Vo 561/2006,

Art. 2.5:1, second member, Atbv jo art. 8, 6th paragraph, AETR

If a reduction in the weekly rest period is not permitted;

weekly rest less than 45 hours

Employer/Self-employed

100,-

Yes

B 2.5:1 (17)

Art. 2.5:1, second member, Atbv jo art. 8, sixth paragraph, Vo 561/2006,

Art. 2.5:1, second member, Atbv jo art. 8, 6th paragraph, AETR

If a reduction in weekly rest is not allowed; weekly rest less than 42 hours

Employer/Self-employed

200,-

Yes

B 2.5:1 (18)

Art. 2.5:1, second member, Atbv jo art. 8, sixth paragraph, Vo 561/2006,

Art. 2.5:1, second member, Atbv jo art. 8, 6th paragraph, AETR

If a reduction in weekly rest is not allowed; weekly rest less than 36 hours

Employer/Self-employed

550,-+ 100,-per hour short of a max of 1,000,-

Yes

MORE THAN 6 TIMES 24 HOURS BETWEEN WEEKLY REST PERIODS

B 2.5:1 (19)

Art. 2.5:1, second member, Atbv jo art. 8, sixth paragraph, Vo 561/2006,

Art. 2.5:1, second member, Atbv jo art. 8, 6th paragraph, AETR

More than 6 times 24 hours between weekly rest periods;

until + 12 hours

Employer/Self-employed

100,-

Yes

B 2.5:1 (20)

Art. 2.5:1, second member, Atbv jo art. 8, sixth paragraph, Vo 561/2006,

Art. 2.5:1, second member, Atbv jo art. 8, 6th paragraph, AETR

More than 6 times 24 hours between weekly rest periods;

until + 24 hours

Employer/Self-employed

200,-

Yes

B 2.5:1 (21)

Art. 2.5:1, second member, Atbv jo art. 8, sixth paragraph, Vo 561/2006,

Art. 2.5:1, second member, Atbv jo art. 8, 6th paragraph, AETR

More than 6 times 24 hours between weekly rest periods;

more than 24 hours

Employer/Self-employed

550,-+ 100,-per hour too long with a max of 1,000,-

Yes

WEEKLY REST PERIOD OUT OF PLACE

B 2.5:1 (22)

Art. 2.5:1, second member, Atbv jo art. 8, eighth paragraph, Vo 561/2006,

Art. 2.5:1, second member, Atbv jo art. 8, 8th paragraph, AETR

Enjoying a normal weekly rest period in the vehicle

of 45 hours or more

Employer/Self-employed

1,500,-

Yes

TAXI TRANSPORT INSUFFICIENT DAILY REST PERIOD OF LESS THAN 10 HOURS, IF SHORTENING IS NOT PERMITTED

B 2.5:1 (1a)

Art. 2.5:1, fifth paragraph, point (a), Atbv

If shortening is not allowed; daily rest less than 10 hours

Employer/Self-employed

100,-

Yes

B 2.5:1 (2a)

Art. 2.5:1, fifth paragraph, point (a), Atbv

If shortening is not allowed; daily rest less than 9 hours

Employer/Self-employed

200,-

Yes

B 2.5:1 (3a)

Art. 2.5:1, fifth paragraph, point (a), Atbv

If shortening is not allowed; daily rest less than 8 hours

Employer/Self-employed

550,-+ 100,-per hour too short

Yes

TAXI TRANSPORT INSUFFICIENT DAILY REST PERIOD OF LESS THAN 8 HOURS, IF REDUCTION IS ALLOWED

B 2.5:1 (4a)

Art. 2.5:1, fifth paragraph, point (a), Atbv

If shortening is allowed; daily rest less than 8 hours

Employer/Self-employed

100,-

Yes

B 2.5:1 (6a)

Art. 2.5:1, fifth paragraph, point (a), Atbv

If shortening is allowed; daily rest less than 7 hours

Employer/Self-employed

550,-+ 100,-per hour too short

Yes

TAXI TRANSPORT INSUFFICIENT WEEKLY REST PERIOD OF LESS THAN 72 HOURS

B 2.5:1 (16a)

Art. 2.5:1, fifth paragraph, point (b), Atbv

Weekly rest less than 72 hours

Employer/Self-employed

100,-

Yes

B 2.5:1 (17)

Art. 2.5:1, fifth paragraph, point (b), Atbv

Weekly rest less than 69 hours

Employer/Self-employed

200,-

Yes

B 2.5:1 (18)

Art. 2.5:1, fifth paragraph, point (b), Atbv

Weekly rest less than 63 hours

Employer/Self-employed

550,-+ 100,-per hour short of a max of 1,000,-

Yes

EXCEEDENCE OF THE DAILY DRIVING TIME OF 9 HOURS, IF PROLONGATION TO 10 HOURS IS NOT PERMITTED

B 2.5:3 (1)

Art. 2.5:3 Atbv jo art. 6, first paragraph, Vo 561/2006,

Art. 2.5:3 Atbv jo art. 6, 1st Member, AETR

If prolongation is not allowed until 10 hours; daily driving time more than 9 hours

Employer/Self-employed

100,-

Yes

B 2.5:3 (2)

Art. 2.5:3 Atbv jo art. 6, first paragraph, Vo 561/2006,

Art. 2.5:3 Atbv jo art. 6, 1st Member, AETR

If prolongation to 10 hours is not allowed; daily driving time

more than 10 hours

Employer/Self-employed

200,-

Yes

B 2.5:3 (3)

Art. 2.5:3 Atbv jo art. 6, first paragraph, Vo 561/2006,

Art. 2.5:3 Atbv jo art. 6, 1st Member, AETR

If prolongation until 10 hours is not allowed; daily driving time more than 11 hours

Employer/Self-employed

550,-+ 100,-per hour too long with a max of 1350,-

Yes

OVERRUN OF DAILY DRIVING TIME OF 10 HOURS IF PROLONGATION IS ALLOWED

B 2.5:3 (4)

Art. 2.5:3 Atbv jo art. 6, first paragraph, Vo 561/2006,

Art. 2.5:3 Atbv jo art. 6, 1st Member, AETR

If extension is allowed; daily driving time more than 10 hours

Employer/Self-employed

100,-

Yes

B 2.5:3 (5)

Art. 2.5:3 Atbv jo art. 6, first paragraph, Vo 561/2006,

Art. 2.5:3 Atbv jo art. 6, 1st Member, AETR

If extension is allowed; daily driving time more than 11 hours

Employer/Self-employed

200,-

Yes

B 2.5:3 (6)

Art. 2.5:3 Atbv jo art. 6, first paragraph, Vo 561/2006,

Art. 2.5:3 Atbv jo art. 6, 1st Member, AETR

If extension is allowed; daily driving time more than 12 hours

Employer/Self-employed

550,-+ 100,-per hour too long with a max of 1.350,-

Yes

EXCEEDENCE OF WEEKLY DRIVING TIME

B 2.5:3 (7)

Art. 2.5:3 Atbv jo art. 6, second paragraph, (Vo 561/2006)

Art. 2.5:3 Atbv jo art. 6, second paragraph, AETR

Weekly driving time more than 56 hours

Employer/Self-employed

100,-

Yes

B 2.5:3 (8)

Art. 2.5:3 Atbv jo art. 6, second paragraph, (Vo 561/2006)

Art. 2.5:3 Atbv jo art. 6, second paragraph, AETR

Weekly driving time more than 60 hours

Employer/Self-employed

200,-

Yes

B 2.5:3 (9)

Art. 2.5:3 Atbv jo art. 6, second paragraph, (Vo 561/2006)

Art. 2.5:3 Atbv jo art. 6, second paragraph, AETR

Weekly driving time more than 70 hours

Employer/Self-employed

550,-

Yes

OVERRUN OF THE ACCUMULATED DRIVING TIME FOR TWO CONSECUTIVE WEEKS

B 2.5:3 (10)

Art. 2.5:3 Atbv jo art. 6, third paragraph, V6561/2006,

Art. 2.5:3 Atbv jo art. 6, third member, AETR

Consecutive driving time for two consecutive weeks more than 90 hours

Employer/Self-employed

100,-

Yes

B 2.5:3 (11)

Art. 2.5:3 Atbv jo art. 6, third paragraph, V6561/2006,

Art. 2.5:3 Atbv jo art. 6, third member, AETR

Accumulated driving time for two consecutive weeks more than 100 hours

Employer/Self-employed

200,-

Yes

B 2.5:3 (12)

Art. 2.5:3 Atbv jo art. 6, third paragraph, V6561/2006,

Art. 2.5:3 Atbv jo art. 6, third member, AETR

Recorded driving time for two consecutive weeks more than 112 hours 30

Employer/Self-employed

550,-

Yes

EXCEEDENCE OF CONTIGUATE DRIVING TIME

B 2.5:6 (1)

Art. 2.5:6, second member, Atbv jo art. 7% 561/2006;

Art. 2.5:6, second paragraph , Atbv jo art. 7 AETR

Uninterrupted driving time more than 4 hours 30

Employer/Self-employed

100,-

Yes

B 2.5:6 (2)

Art. 2.5:6, second member, Atbv jo art. 7% 561/2006;

Art. 2.5:6, second member, Atbv jo art. 7 AETR

Uninterrupted row time more than 5 hours

Employer/Self-employed

200,

Yes

B 2.5:6 (3)

Art. 2.5:6, second member, Atbv jo art. 7% 561/2006;

Art. 2.5:6, second member, Atbv jo art. 7 AETR

Uninterrupted row time more than 6 hours

Employer/Self-employed

550,-+ 100,-per hour too long with a max of 1.950,-

Yes

12. PAUSE

B 2.5:6 (7)

Art. 2.5:6, 1st member, Atbv

Driver does not conform Article 5.4, second and third members, Atw (pause)

Employer/Self-employed

100,-

No

B 2.5:6 (8)

Art. 2.5:6, third member, under a, Atbv

Working time longer than 6 hours without break

Employer/Self-employed

100,-

No

B 2.5:6 (9)

Art. 2.5:6, third member, point (b), Atbv

No ½ hours (or 2x ¼) break at 6 through 9 hours of labor

Employer/Self-employed

100,-

No

B 2.5:6 (10)

Art. 2.5:6, third member, under c, Atbv

No ¾ hour (or 3 x ¼) break at more than 9 hours of labor

Employer/Self-employed

100,-

No

13. NIGHT WORK

B 2.5:4 (1)

Art. 2.5:4, second paragraph, points (a) and (b), Atbv

Performing more than 43 times in 16 weeks of work in night shift or performing more than 20 hours of work in night shift in each 2-week period

Employer/Self-employed

100,-per hour too long with a max of 1,100,-

No

B 2.5:4a (1)

Art. 2.5:4a, 5th member, Atbv

(Where Vo 561/2006 applies)

To carry more than 12 hours of daily working time in any period of 24 consecutive hours

Employer/Self-employed

100,-per hour too long with a max of 1,100,-

No

B 2.5:5 (1)

Art. 2.5:5, third paragraph, points (a) and (b), Atbv

To perform more than 52 times in 16 weeks and 140 times in 52 weeks of work in night shift or to carry out more than 38 hours of work in night shift in each 2-week period.

Employer/Self-employed

100,-per hour too long with a max of 1100,-

No

14. WORKING HOURS

B 2.5:7 (1)

Art. 2.5:7, fifth and sixth member, Atbv

(Vo 561/2006 n. t.)

Average working hours of 48 hours per week

Employer/Self-employed

100,-

No

B 2.5:8 (1)

Art. 2.5:8, fifth member, Atbv

(Article 561/2006 does apply)

Working time more than 60 hours per week

Employer/Self-employed

100,-

No

15. TYPES OF PAYMENT AND PROVISION OF INFORMATION

B 2.7:1 (1)

Art. 2.7:1, 1st member, Atbv jo art. 10, first paragraph, Vo 561/2006,

Link between pay and distance travelled and/or quantity of goods transported.

If it has been demonstrated that payment would endanger road safety

whether to encourage infringements

Employer/Self-employed

1,100,-

No

B 2.7:1 (2)

Art. 2.7:1, 2nd member, Atbv jo art. 10, second and fifth members, Vo 561/2006

Employer does not act according to art. 10, second and fifth members, Vo 561/2006

Employer/Self-employed

550,-

No

B 2.7:1 (3)

Art. 2.7:1, 3rd member, Atbv jo art. 20% 561/2006

Driver does not act according to art. 20% 561/2006

(Do not in themselves have evidence of previous sanctions or procedure)

Employer/Self-employed

100,-

No

B 2.7:1 (4)

Art. 2.7:1, 3rd member, Atbv jo art. 20, third member,

Vo 561/2006

The driver does not provide any information to company

Employer/Self-employed

200,-

No

B 2.7:4 (1)

Art. 2.7:4, 1st member, Atbv

The performance of work as a bydriver by young workers outside the Netherlands.

Employer/Self-employed

100,-

No

B 2.7:4 (2)

Art. 2.7:4, second member, Atbv

Failure to supervise the possession of a certificate issued by the Foundation National Vocational Education, Transport and Logistics, showing that a young person employed as a secondary worker is registered there as an apprentice.

Employer/Self-employed

100,-

No


Annex 2. List of offences for which an administrative fine is directly imposed as referred to in Article 1 (a) (a) , from the Policy Rule penalty submission Working Time Act and Working Time Act Transport (Road Transport) 2016

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Transport inspection

  • − All offences relating to employment, driving and rest periods.

  • − The offences relating to the means of registration:

    • • the non-presence of registration and control equipment;

    • • incorrect use of registration and control equipment;

    • • the abuse of registration and control equipment;

    • • the failure to indicate 'important data' on a recording agent,

    • • The purpose of this information is to provide information which may be easily modified

Business inspection

At the first company investigation, all offences (directly) are fined which fall into the category of very important infringement. A warning shall be issued for the other offences.

In the case of a repeat investigation (second farm investigation), all offences covered by category of very important infringement and serious infringement shall also be fined.

From the third company examination (repeat investigation), all offences (HBI, BI and KBI) are fined.

All business surveys which take place within three years of the date of the start of the first company investigation and for which an administrative fine has also been imposed shall be considered as a repeat investigation. A business survey started three years after a previous business survey has been conducted is considered to be a first business survey for the new three-year cycle. Any business survey that takes place within three years from the date of the start of the first business investigation is once again considered as a repeat investigation.