The co-responsibility of the company in violations committed by its drivers is a crucial issue for transport companies. In a sector regulated by stringent regulations, companies must ensure that their employees comply with road safety laws, particularly those related to driving and rest times. This article will explore the co-responsibility of companies for violations committed by drivers and how to prevent penalties through proper management of training and controls.
What is the co-responsibility of the company?
The co-responsibility of the company, in the field of transport, refers to the responsibility that a company may have for violations committed by the drivers of its vehicles. The law states that if a driver commits an infraction while performing a transport on behalf of a company, the latter can be held co-responsible and thus subject to monetary penalties.
This form of liability is governed by the Regulation (EC) No. 561/2006 and by the Regulation (EU) No. 165/2014, which establish the rules regarding driving times, rest, and the use of tachographs. Furthermore, the Highway Code, in art. 174 paragraph 14, provides for administrative penalties for companies that do not comply with the provisions established by these regulations.
The regulations on joint liability
According to Article 10 of the Regulation (EC) 561/2006, transport companies are responsible for violations committed by their drivers, even if the violation occurs in another Member State or in a third country. This means that, even if a driver commits an offense outside the national territory, the company can be held jointly liable, unless it can prove that the violation does not result from its inadequate organization.
Article 33 of the Regulation (EU) 165/2014 states that companies must ensure that their drivers receive adequate training and conduct periodic checks on the use of tachographs. In case of violations, companies can be fined for each offense committed by individual drivers, with penalties ranging from 333 to 1,331 euros for each involved employee.
The most common violations
The main violations that can lead to the company's joint liability include:
- Driving and rest times not respected: European regulations set precise times for drivers' driving and rest, and non-compliance can lead to penalties for both the driver and the company.
- Improper use of tachographs: the incorrect use of the tachograph, which is used to record driving and rest times, is a common violation. Companies must ensure that drivers are adequately trained on the use of this device.
- Incomplete or altered documentation: the preservation of documents related to driving and rest times is essential. If the company does not properly keep the documents required by law, it may be fined.
How to avoid penalties?
The only way to avoid joint liability for driver violations is to adopt work management practices that strictly comply with the regulations. In particular, companies must:
- Train their drivers on the regulations regarding driving and rest times.
- Conduct regular checks on the use of tachographs.
- Ensure that the documentation is complete and correct, keeping track of the data and retaining it for the period required by law.
Furthermore, the Circular of the Ministry of the Interior Prot. n. 2438 of 24/03/2017 states that if the company has fulfilled its training and control obligations, it may be exempt from joint liability for minor violations committed by drivers.
The importance of driver training
One of the most effective measures to prevent joint liability is driver training. Companies that provide their drivers with appropriate courses on the correct use of tachographs and on driving and rest times have a greater chance of avoiding penalties for minor violations.
In this context, SIAK Systems offers specific training courses for drivers and companies, helping to ensure compliance with regulations and reducing the risk of penalties. Companies that complete the training courses can benefit from a reduction in the likelihood of joint liability for minor violations, thanks to documentation that demonstrates the commitment to ensuring compliance with regulations.
Conclusions
The joint liability of the company for violations committed by drivers is a crucial aspect of transportation regulations. Transport companies must adopt appropriate measures to avoid penalties, including training courses for drivers and regular checks on the use of tachographs. SIAK Systems offers training solutions to ensure compliance with regulations and reduce the risk of penalties.
To find out how SIAK Systems can help you manage joint liability and protect your business from penalties, contact us today.