CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 20 /XI/1.

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Exhibition of Motives

This Law establishes the sanctionatory regime applicable to the violation of standards

relating to the driving times, breaks and rest times and the control of the

use of tachographs, in road transport activity, transposing the Directive

No. 2006 /22/CE of the European Parliament and of the Council of March 15, 2006, amended

by Commission Directive No 2009 /5/CE of January 30, 2009.

The rules on driving times, pauses and rest periods for drivers

involved in the road transport of goods and passengers, as well as on the

control of its application by the Member States have been established by the

Regulation (EC) No 561/2006, of the European Parliament and of the Council, of March 15

of 2006. International regulation in this regard is aimed at harmonizing the

conditions of competition between road transport companies and improve the

working conditions and road safety. These objectives are pursued through,

notably, from the setting of maximum limits to the driving times, of durations

lows of pauses and rest periods, of prohibition of certain modalities of

payment of the work likely to aggravate the risk of fatigue and accident, as well as

of checks and penalties for infringement of the rules, the post of the public authorities.

In turn, Directive No 2006 /22/CE of the European Parliament and of the Council, of 15 of

March 2006, as amended by Commission Directive No 2009 /4/CE of January 23

2009, and by Commission Directive No 2009 /5/CE of January 30, 2009, to which

proceeds to the transposition in the present proposed law, obliges Member States to

perfecting the periodic, road and business premises checks of the application

of the rules on driving times, pauses and rest periods of drivers, and the

to punish the offence to the same on the basis of a harmonised classification of the respective grade

of gravity.

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Proposal for Law No. 20 /XI/1.

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In this context, the present proposed law creates a sanctionatory regime with a view to

perfecting checks on the road and in companies concerning compliance with the standards

previously described. The sanctionatory regime covers people who drive vehicles

of international transport, either on your own or on account of you and still the

European Agreement concerning the work of the crews of vehicles carrying out transport

road international (AETR). It is established, yet, that the Institute of Mobility and

of Terrestrial Transport, I. P., in coherence with its regulatory mission, scrutinizing,

of coordination and planning of the land transport sector, assumes functions of

coordination and linkage in the system of periodic controls, notably providing

information to the counterparts of the other countries and to the European Commission,

collecting and disseminating statistical data and ensuring international exchange in

training programmes for the officers in charge of the audit.

The rules on the professional activity of drivers as well as the definition of the scheme

sanctionatory to which they carry out have multiple objectives. On the one hand, they improve the

working conditions of drivers, whether they work on their own or on account of

listen, on the other, by acting on driving times, pauses and resting,

promote the rest of the drivers and decrease the risks of road sinister.

Finally, they harmonize the conditions of competition between companies because all

must incorporate the burdens of working conditions and road safety in the

costs of the respective activity.

Finally, taking into account the specificities of the transport sector, it should be noted

that the appropriateness of the counterordinational regime applicable to the relative offences is justified

to the times of driving and rest. Within the framework of labour counter-ordinations, the

sanctions are determined solely in the light of the seriousness of the offence and the fault

of the offender, by viabilizing, in this way, the processes of control to drivers and the

national and foreign employers. In the determination of the measure of the fine, they shall,

still, be weighted the economic situation of the offender and the eventual economic benefit

withdrawn with the practice of counterordinance.

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Proposal for Law No. 20 /XI/1.

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The project corresponding to this Law has been published for public appreciation in the separata

from the Bulletin of Labour and Employment , paragraph 4, of July 9, 2009. The comments of

associations of employers and trade union associations were weighted, having

particularly a specific provision on records of times of

driving, pausing and repouses of driver on their own and perfected the situations

in which the driver is responsible for offences. "

Thus:

Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government decrees the

next:

CHAPTER I

General provisions

Article 1.

Subject

1-A This Law transposes to the domestic legal order the Directive No 2006 /22/CE of the

European Parliament and of the Council of March 15, 2006 amended by the Directive

n. 2009 /4/CE of the Commission of January 23, 2009 and by Directive No 2009 /5/CE

of the Commission of January 30, 2009 on the part concerning:

a) Sanctionatory regime of rape, in the national territory, of the social provisions

constants of Regulation (EC) No 561/2006 of the European Parliament and of the

Council, of March 15, 2006;

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Proposal for Law No. 20 /XI/1.

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b) Control, in the national territory, of the installation and use of tachographs of agreement

with the Council Regulation (EC) No 3821/85 of December 20, 1985,

and the application of the social provisions set out in the Regulation referred to in

previous point.

2-A present law regulates, still, the sanctionatory regime of the violation of social provisions

constants of the European Agreement concerning the work of the crews of the vehicles that

conducts international road transport (AETR).

3-The regime established in Chapter III is also applicable to offences committed in the

territory of another State that are detected in national territory, as long as it does not

have given way to the application of a sanction.

CHAPTER II

Application and control of Community social provisions in the field of

road transport and the AETR

Section I

Application of Community social provisions and the AETR

Article 2.

Application of national regulation

1-In the case of transport carried out entirely in Portuguese territory, the driver to the

company service in this established is subject to collective labour regulations

applicable that provides for maximum driving times less high or pausing or

periods of rest higher than those set out in regulation

community or in the AETR.

2-In the situation provided for in the preceding paragraph, non-compliance with applicable standards of the

national regulations that simultaneously correspond to the infringement of the provisions of

standard of Articles 19 to 21 is sanctioned pursuant to this Law.

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Proposal for Law No. 20 /XI/1.

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Article 3.

Manual registration by vehicle driver enrolled in third country

The driver of heavy vehicle enrolled in State that is not a member of the Union

European nor Contracting Party of the AETR, not equipped with a tachograph as per

community legislation or the AETR, must register manually on daily model sheet

analogous to the one used in the terms of that Agreement, the following:

a) The driving times;

b) The times of other professional activities in addition to driving;

c) The pauses and the rest times.

Section II

Monitoring of the application of Community social provisions and the AETR

Article 4.

Modalities of control

1-The checks on the application of Community social provisions and the AETR are

carried out on the road and in the premises of the companies.

2-The controls must focus on at least 3% of the working days of the drivers

covered by the Regulations referred to in Article 1.

3-Of the controlled working days, a minimum of 30% must correspond to controls in the

road and a minimum of 50% must correspond to checks on the premises of the

companies.

4-The checks carried out at the premises of the competent authorities on the basis of

data requested from companies, equates to checks carried out at the facilities of these.

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Article 5.

Control on the road

1-Road controls must occur in different locations and at any time,

covering a part of the road network with the necessary extension, with a view to

prevent the controlled entities from eviciting the control sites.

2-The controls are carried out through random rotation that has in view a

appropriate geographical balance, being installed checkpoints in number

enough on the roads or in their proximity, particularly in service stations and

safe places on the highways.

3-Road controls are carried out simultaneously with the control authorities

cross-border, at least six times a year, by coordination on the terms of the

point ( a) of Article 10.

4-The controls focus on all or part of the elements referred to in Part A of the

annex to this Law, of which it is an integral part.

5-Without prejudice to the provisions of Article 7 (3), the controls are carried out without

discrimination, in particular, in reason:

a) From the vehicle registration country;

b) From the driver's country of residence;

c) From the country of establishment of the company;

d) Of the origin and destination of the journey;

e) From the type of tacograph, analog or digital.

6-Officers in charge of the audit shall have to:

a) A list of the main elements to be monitored, pursuant to Part A of the Annex

to this Law;

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b) A standardised control equipment that allows to unload data from the

unit of the vehicle and driver's card from the digital tachograph, read and

analyze data or transmit them to a central basis for analysis, and control the

leaves of the tachograph.

7-Where the control carried out on the road the vehicle driver registered in another

State-member indictment infringement for the evidence of which other elements are necessary

in addition to those carried in the vehicle, the missing information is requested to the body

referred to in Article 10, which provides together with the congennere body of the

State-member concerned obtaining the relevant information.

Article 6.

Controls at the premises of companies

1-The checks on the premises of the companies are programmed by each of the

authorities in charge of such surveillance, taking into account the different types of

transport and business, and take place whenever they are detected in the controls of

road serious or very serious offences to the Regulations referred to in Article 1.

2-The controls at the premises of the companies focus on the elements referred to in the

annex to this Law.

3-Officers in charge of the audit shall have to:

a) A list of the main elements to be controlled, according to the provisions of the

annex to this Law;

b) A standardised equipment referred to in the b) of paragraph 6 of the preceding Article;

c) A specific equipment, endowed with software that allow to check and confirm

the digital signature associated with the data and establish the speed profile of the

vehicle in advance to the inspection of the tachograph.

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4-The agents in charge of the audit shall take into account, during all the phases of the

process of control and surveillance, all information relating to the activities of the

company in other Member States that have been provided by the bodies of

connection of those Member States.

5-To the checks carried out at the premises of the competent authorities shall apply the

willing in the previous figures.

Article 7.

Risk classification system

1-The members of the government responsible for the areas to which the authorities belong

in charge of the audit establish, by joint portaria, a system of

classification of risks.

2-The system referred to in the preceding paragraph sets out the degree of risk of the companies,

in consideration of the number and severity of the offences provided for in this Law,

committed by the companies, and in accordance with the Community regulations on the

matter.

3-The rigor and frequency of the control depend on the degree of risk in which the companies

are classified.

Article 8.

Conservation of documents

The Company shall conserve, at least for one year, the documents, the records of the

results and other relevant data relating to the checks carried out at their premises

or on the road, provided by agents in charge of the surveillance.

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Proposal for Law No. 20 /XI/1.

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Article 9.

Surveillance

The monitoring of compliance with the Community social provisions in the field of

road transport and the AETR is ensured, within the framework of their respective assignments,

by the following entities:

a) Authority for the Conditions of Work;

b) Republican National Guard;

c) Institute of Mobility and Terrestrial Transport, I. P. (IMTT, I. P.);

d) Public Security Police.

Article 10.

Coordinating body and liaison

1-Compete to IMTT, I. P., as a coordinating body and liaison:

a) To ensure the coordination of actions carried out under Article 5 (3),

with the counterparts of the other Member States;

b) Transmit to the European Commission the biennial statistical elements, in the terms

of paragraphs 1 and 2 of Article 17 of the Regulation (EC) No 561/2006 of the Parliament

European and of the Council of March 15, 2006;

c) Ensuring the provision of information pursuant to Rule 11.

2-The IMTT, I. P., makes available to the bodies of coordination and liaison of the others

Member States the information referred to in Article 19 (3) of the Regulation

(EEC) No 3821/85 of the Council of December 20, 1985 and in Article 22 (2)

of Regulation (EC) No 561/2006, of the European Parliament and of the Council, of 15 of

March 2006, at least every six months and in the event of a specific request.

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3-IMTT, I. P., promotes, at least once a year, in conjunction with the

bodies for coordination and liaison of the other Member States:

a) Training programmes on best practices for the agents in charge of the

surveillance;

b) Exchange between your staff and that of the coordination and liaison bodies

of the other Member States.

Article 11.

Collection and dissemination of statistical data

1-The entities responsible for the audit collect, organize and refer annually

to IMTT, I. P., in digital format, the data relating to such activity,

particularly the following:

a) With respect to control on the road:

i) The type of public route, namely, motorway, national road or

secondary road, in which the control was carried out;

ii) The country of registration of the controlled vehicle;

iii) The type of tacograph, analog or digital used

b) In respect of control in the premises of companies:

i) The type of transport activity, inter alia, international or

national, of passengers or of cargo, on their own or on account of

listen;

ii) The size of the company's fleet;

iii) The type of tachograph, analog or digital used.

2-The IMTT, I. P., publicizes the statistical data collected according to the number

previous and conveyor transmits them to the European Commission, every two years.

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Proposal for Law No. 20 /XI/1.

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CHAPTER III

Counterordinational liability

Section I

General regime

Article 12.

General regime of counterordinational liability

1-The regime of Articles 548 to 565 of the Labour Code shall apply to the

counter-ordinations provided for in this Law, with the adaptations provided for in Article 14.

of the present diploma.

2-The regime of the procedure of labour counter-ordinations and social security is

applicable to the counter-ordinations provided for in this Law.

Article 13.

Responsibility for counter-ordinations

1-A The company is responsible for any offence committed by the driver, albeit outside

of the national territory.

2-A The responsibility of the company is excluded if this one demonstrates that it has organized the work

in such a way that the driver can comply with the provisions of the Regulation (EEC)

n ° 3821/85 of the Council of December 20, 1985 and in Chapter II of the

Regulation (EC) No 561/2006, of the European Parliament and of the Council, of 15 of

March 2006.

3-The driver is responsible for the offence in the situation referred to in the preceding paragraph

or when it is in question the violation of the provisions of Article 22.

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4-A the responsibility of other actors in the transport activity, namely

forwarders, freight forwarders or tour operators, by the practice of the offence is punishy to

title of comparticipation, pursuant to the general regime of counter-ordinations.

Article 14.

Values of fines

1-A each level of severity of the labour counter-ordinations corresponds to a fine

variable depending on the degree of the fault of the offender, unless the provisions of Article 555 of the

Code of Work.

2-The minimum and maximum limits of the corresponding fines the light counterordinance are

the following:

a) from 2 UC to 9 UC in case of negligence;

b) from 6 UC to 15 UC in case of dolo.

3-The minimum and maximum limits of the fines corresponding to serious counterordinance are

the following:

a) from 6 UC to 40 UC in case of negligence;

b) from 13 UC to 95 UC in case of dolo.

4-The minimum and maximum limits of the corresponding fines the counter-ordering very

serious are as follows:

a) from 20 UC to 300 UC in case of negligence;

b) from 45 UC to 600 UC in case of dolo.

5-A acronym UC corresponds to the procedural unit of account, defined in the terms of the

Regulation of Procedural Costs.

6-In case of transport of dangerous goods or heavy transport of

passengers, the minimum and maximum limits of the applicable fine are aggravated in 30%.

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Article 15.

Fate of fines

1-The product of the applied fines reverses to the following entities:

a) 50% for the Authority for the Conditions of Work;

b) 25% for the Fund for Accidents at Work;

c) 15% for the autuent entity;

d) 10% for the IMTT, I. P.

2-In the case where the Authority for the Conditions of Work is the autufying entity, the

value as referred to in point c) of the previous number reverses to the Accident Fund

of Work.

Article 16.

Seizure of record sheets

The record sheets of tachograph or individual control booklet that indict the

existence of any offence provided for in this Law shall be seized by the

autuant and joints to the corresponding news self.

Section II

Counter-ordinations in particular

Article 17.

Minimum age

Constitutes serious counterordinance the exercise of the activity of conductor or helper of

driver by whom he has not completed the minimum age provided for in regulation

applicable community or in the AETR.

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Article 18.

Driving time

1-The daily driving time that exceeds that provided for in the Community regulations

applicable or in the AETR constitutes a classified counterordinance as:

a) Lightweight, being less than 10 hours;

b) Severe, being equal to or greater than 10 hours and less than 11 hours;

c) Very serious, being equal to or greater than 11 hours.

2-The daily extended driving time exceeding that provided for in regulation

applicable community or in the AETR constitutes a classified counterordinance as:

a) Lightweight, being less than 11 hours;

b) Severe, being equal to or greater than 11 hours and less than 12 hours;

c) Very serious, being equal to or greater than 12 hours.

3-The weekly driving time that exceeds that provided for in the Community regulations

applicable or in the AETR constitutes a classified counterordinance as:

a) Lightweight, being less than 60 hours;

b) Severe, being equal to or greater than 60 hours and less than 70 hours;

c) Very serious, being equal to or greater than 70 hours.

4-The cumulative total driving time exceeding that provided for in regulation

applicable community or in the AETR constitutes a classified counterordinance as:

a) Lightweight, being less than 100 hours;

b) Severe, being equal to or greater than 100 hours and less than 112 hours and 30;

c) Very serious, being equal to or greater than 112 hours and 30.

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Article 19.

Uninterrupted driving time

1-The period of uninterrupted driving exceeding that provided for in regulation

applicable community or in the AETR constitutes a classified counterordinance as:

a) Lightweight, being less than five hours;

b) Severe, being equal to or greater than five hours and less than six hours;

c) Very serious, being equal to or greater than six hours.

2-The non-compliance of the pause so that this is lower than the minimum limits of

duration provided for in the applicable Community regulations or in the AETR constitutes

ranked counterordinance classified as:

a) Lightweight, being the difference up to 10%;

b) Severe, being the difference being equal to or greater than 10% and less than 30%;

c) Very serious, being the difference equal to or greater than 30%.

Article 20.

Periods of rest

1-The regular daily rest period lower than that provided for in the Community regulations

applicable or in the AETR constitutes a classified counterordinance as:

a) Lightweight, being equal to or greater than 10 hours and less than 11 hours;

b) Severe, being equal to or greater than eight hours and 30 and less than 10 hours;

c) Very serious, being less than eight hours and 30.

2-The reduced daily rest period lower than that provided for in regulation

applicable community or in the AETR constitutes a classified counterordinance as:

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a) Lightweight, being equal to or greater than eight hours and less than nine hours;

b) Severe, being equal to or greater than seven hours and less than eight hours;

c) Very serious, being less than seven hours.

3-Should the regular daily rest period be enjoyed in two periods and one or both

are lower than that provided for in the applicable EU regulations or in the AETR

constitutes classified counterordinance as:

a) Lightweight, being the missing duration less than one hour;

b) Severe, being the duration in lack of equal or greater than one hour and less than two

hours;

c) Very serious, being the duration at a lack of equal or greater than two hours.

4-The provisions of paragraph 2 shall apply in the case of the daily rest period of the vehicle driver

with multiple crew that is due to follow the term of a daily rest period

or weekly is lower than that provided for in the applicable EU regulations or in the

AETR.

5-The regular weekly rest period lower than that provided for in regulation

applicable community or in the AETR constitutes a classified counterordinance as:

a) Lightweight, being equal to or greater than 42 hours and less than 45 hours;

b) Severe, being equal to or greater than 36 hours and less than 42 hours;

c) Very serious, being less than 36 hours.

6-The reduced weekly rest period lower than that provided for in regulation

applicable community or in the AETR constitutes a classified counterordinance as:

a) Lightweight, being equal to or greater than 22 hours and less than 24 hours;

b) Severe, being equal to or greater than 20 hours and less than 22 hours;

c) Very serious, being less than 20 hours.

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Article 21.

Time and scale of service

The failure to comply with the rules on the schedule and the scale of service provided for in the

applicable community regulation constitutes serious counterordinance.

Article 22.

Duty of information

The default on the part of the driver of the duty to provide each of the companies

of transport for which to carry out driving work or other activity

relative to driving time, duration of the weekly work, breaks, driving time

uninterrupted and periods of rest constitutes serious counterordinance.

Article 23.

Premium or other supplementary or ancillary benefits

The award of prizes or other supplementary or ancillary benefits of the consideration

depending on the distances travelled or the volume of the goods transported, by

mode to compromise road safety or stimulate non-compliance with the

applicable regulation, constitutes very serious counterordinance.

Article 24.

Regular passenger transport vehicle not equipped with tachograph

In the case of regular passenger transport vehicle that is not equipped with

tachograph for not being obliged to your use, the lack of the time and the scale of service

for each driver, in the terms of community regulation, constitutes counterordinance

grave.

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Article 25.

Presentation of data to agent in charge of surveillance

1-Constitui counterordinate very serious non-presentation, when requested by

agent in charge of the audit:

a) From record sheets and prints, as well as data unloaded from the card

of the driver;

b) Of a driver's card, of the record sheets used and of any registration

manual and printing carried out, which the driver is obliged to present;

c) Of scale of service with the content and form provided for in regulation

applicable community.

2-Constitui counterordinate serious the untrue actuation of the device of

toggle.

Article 26.

Integrity and data conservation

1-Constitui counterordinate very serious:

a) The non-conservation of the leaves of registration by the transport company during the

less one year from the date of registration.

b) Improperly carried out imprints by damaged or in bad

state of operation or that is not in the possession of the driver. at least one

year from the date of registration.

c) The non-conservation of the service scale with the content and in the manner provided in the

community regulations applicable, for one year after the end of the period

covered.

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2-Constitute counterordinate serious default on the part of the driver of duty of

conserve or present to the autufying authority the supporting documents of the

initiation of proceedings or sanctions that have been applied to it, within a period of a

year to be counted from the practice of infringement.

3-Without prejudice to the provisions of this Law, the installation, use of tachographs and the

transfer and preservation of data from that same apparatus are carried out in accordance

with the provisions of the Decree-Law No. 169/2009 of July 31.

Article 27.

Delivery of elements of records to the driver

Constitutes lightweight counterordinance:

a) Non-delivery to the copy driver of record sheets and impressions, well

as from the data discharged from the driver's card, in the 10 days after the

request;

b) Non-delivery to the driver of regular passenger transport vehicle no

equipped with a control apparatus of an extract of the service scale, in the 10

days later to the request.

Article 28.

Immobilization of the vehicle in the event of an infringement

1-Where the driver finds himself in breach of the provisions relating to the times

maximum driving or the minimum rest or respite periods, the autuante

should prevent it from continuing to conduct, proceeding simultaneously to the immobilization of the

vehicle.

2-In the situation provided for in the preceding paragraph, the immobilization of the vehicle does not apply when

the replacement of the driver is ensured.

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3-In the situation provided for in paragraph 1, the immobilization of the vehicle cesses immediately after having

been carried out or guaranteed the payment of the fine and the hindrance of the driver cessa

as soon as it is complied with the required rest or respite period.

4-The monitoring of the fulfillment of the interruption of driving or rest, during the

immobilization, compete with police entities, through the temporary seizure of the

documents of the viature and the driver.

Article 29.

Voluntary fine payment of fine or provision of collateral

1-The responsible for the payment of the fine can immediately carry out the payment

volunteer of the same, for the minimum value provided for the case of negligence.

2-The person responsible for the payment of the fine who does not immediately carry out the payment

volunteer of the same shall proceed to the deposit of a surety.

3-A The surety is provided by the minimum value of the fine set for the dolo case,

increased by 10% for procedural expenses, focusing this percentage only on the

amount of the fine corresponding to the most serious offence in the case of a tender of

offences.

4-The voluntary payment and the provision of the surety are made in cash or other

means of legally admitted payment.

5-The voluntary payment or the escrow deposit shall be carried out in the act of

verification of the counterordinance, targeting the collateral to ensure payment of the

fine in which the offender may be convicted, as well as of the legal expenses to which

there is place.

6-If the officer responsible for the offence does not present defence within the legal period, the value of the

escrow converts to payment of the fine in which it is convicted.

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7-A The lack of the voluntary payment of the fine and the provision of the surety implies the seizure

provisional of documents, pursuant to Article 173 (4) and 5 of the Code of the

Road.

8-If, in the act of verification of the counter-ordinance, the responsible wishes to pay the fine

or deposit collateral but cannot do so, will be granted a time limit for the effect,

proceeding to the provisional seizure of documents, according to the number

previous, up to the payment of the fine or the provision of the surety.

CHAPTER IV

Transitional and final provisions

Article 30.

Record of data

1-IMTT, I. P., maintains an up-to-date record of the developed activity, based

in the data collected by the entities with supervising competence, including the

relative to the procedures and sanctions applied in each case.

2-A The Authority for the Conditions of Work communicates to the IMTT, I. P., through

webservices , the data of the developed activity, relating to procedures and sanctions

applied in each case.

3-The registration is of common use by the entities with the supervisory competence, for

effects of instruction of counter-ordinational processes concerning offences to the

provisions of the Regulations and the AETR referred to in Article 1, and shall be concluded

protocols defining the procedures for their use.

4-To the collection, recording and processing of the necessary elements by the entities with

supervising competence and for the instruction of the processes and the application of the fines is

applicable for the scheme of the national road haulage registry and activities

ancillary or complementary to the transport sector, with the necessary adaptations,

and the legislation on the protection of personal data.

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Article 31.

Autonomous Regions

The acts and procedures necessary for the implementation of this Law in the Autonomous Regions

of the Azores and Madeira compete with the entities of their respective regional administrations

with assignments and competences in the subjects concerned.

Article 32.

Abrogation standard

The Decree-Law No. 272/89 of August 19, amended by Law No. 114/99 of 3, is repealed

of August.

Seen and approved in Council of Ministers of April 22, 2010

The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs

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ANNEX

(referred to in Article 4 (5) and Rule 6 (1))

Part A

Checks on the road

The checks on the road focus, inter alia, on the following elements:

1-Daily and weekly driving times, pauses and daily rest periods and

weekly. The verification focuses on: the record sheets of the preceding days,

conserved in the vehicle by virtue of Article 15 (7) of the Regulation (EEC)

n ° 3821/85 of the Council of December 20, 1985, or of Article 11 (4) of the

AETR, and the data for the same period, stored on the driver's card or

in the memory of the registration equipment, or registered in printed sheets.

2-The excesses with respect to the speed authorized for the vehicle, with respect to the

period referred to in the preceding number.

They are considered as such: for vehicles of the N3 category, the upper periods

a minute during which the vehicle is circulated at more than 90 km/hr for the vehicles

of the M3 category, the periods higher than one minute during which the vehicle

circulate at more than 105 km/h.

They integrate the category N3 the vehicles for the carriage of goods with

gross weight of more than 12 tonnes and category M3 the vehicles for

transport of passengers with more than eight seating, in addition to the place of the

driver, and gross weight of more than 5 tons.

3-When justifying, the instantaneous velocities recorded by the control apparatus

during the last 24 hours of use of the vehicle.

CHAIR OF THE COUNCIL OF MINISTERS

Proposal for Law No. 20 /XI/1.

24

Part B

Controls at the company's premises

In addition to the elements referred to in Part A, the controls on the premises of the company

focus on the following elements:

1-The weekly periods of rest and the driving times between those periods.

2-A limitation of driving times in a period of two consecutive weeks.

3-The record sheets, the unit data installed in the vehicle and driver's card and

the respective printed sheets.