THE FACT
The Government, on February 23, 2023, modified the provisions contained in the Legislative Decree No. 144 of 2008, which regulates controls regarding the tachograph.
The intervention, which rewrites much of the Legislative Decree 144, aims to update the regulations on transnational posting and harmonize the control regulations among the different states of the Union. Regarding the latter, it is deemed appropriate to bring to the attention of companies and drivers the changes made to Article 9, now completely rewritten and titled “Registration of periods of other duties“.
CASES IN WHICH IT IS MANDATORY
The new text of Article 9 of Legislative Decree 144/2008 provides that the activity certification form must be used in the following cases:
- periods of “other duties“, meaning all activities other than driving as well as any operation performed for the employer within or outside the transport sector;
- periods of at least one week during which the driver is not on board vehicles and does not perform activities related to them, including vacations and illness when such periods exceed 7 calendar days;
SANCTIONS
In paragraphs 2 and 3, it was then decided to reinstate the relevant sanctioning regime. Specifically, it now provides for a administrative fine from 150 to 600 €,:
- on the driver, for the failure to register the aforementioned periods;
- on the company, for the failure to keep the forms.
In light of the regulatory intervention, and considering the scope of the legislative reform implemented, it will be interesting to await the ministerial circulars for clarification.