Penalties for driving times and the use of tachographs can incur significant costs, in addition to possible license suspensions. In this article, we will explore what drivers risk if they do not comply with regulations, how to avoid penalties, and how to adopt best practices to stay compliant.
Severity of violations
Penalties related to the use of the tachograph vary depending on the violation committed.
The severity index is calculated as a percentage:
- Up to 10% → Minor
- Between 10% and 20% → Serious
- Over 20% → Very serious
Let's take a closer look at the main violations:
Excessive daily driving
The daily driving period cannot exceed 9 hours. However, it is allowed that for a maximum of two times a week the driving period can be extended up to 10 hours. The penalties for exceeding the limits are divided based on the severity of the violation:
- If the excess is up to 10% of the limit (beyond 9 hours): € 41.00
- If the excess is more than 10% but less than 20%: € 326.00
- If the excess is more than 20%: € 434.00
Excessive weekly or biweekly driving
The weekly driving time cannot exceed 56 hours, while over two consecutive weeks it must not exceed 90 hours. In this case, the penalty varies based on the severity of the violation:
- Up to 10%: € 41.00
- More than 10% but less than 20%: € 272.00
- More than 20%: € 434.00
Failure to interrupt driving
A single driving block cannot last more than 4 and a half hours, and the driver must take a break of at least 45 minutes before resuming driving. The break can be split, with a first interval of 15 minutes followed by a second of 30 minutes (only in the case of occasional passenger transport, the break can be split into two intervals of at least 15 minutes each, the total of which must still be 45 minutes).
- Single penalty: € 168.00.
Insufficient daily rest
The daily rest can be:
- Regular: at least 11 hours of uninterrupted rest or two rest periods (one of at least 3 hours and the other of at least 9 hours).
- Reduced: at least 9 hours of uninterrupted rest, but no more than 3 times between two weekly rest periods.
The rest must be completed within 24 hours from the end of the previous daily or weekly rest period. To be valid, the commitment period must start after the end of the previous rest. If the commitment extends preventing the completion of the rest within 24 hours, it constitutes an infringement, even if the rest continues beyond that limit.
If the rest is not sufficient, the penalty varies depending on the severity of the violation:
- Up to 10% of the violation: € 218.00
- More than 10% but less than 20%: € 380.00
- More than 20%: € 434.00
Insufficient weekly rest
The weekly rest must be:
- Regular: at least 45 uninterrupted hours of rest.
- Reduced: at least 24 uninterrupted hours, with the possibility of recovering the reduced period in the following three weeks.
Within two consecutive weeks, two regular weekly rests must be taken, or alternatively, one regular rest and one reduced rest, which must be recovered in the following three weeks. The weekly rest period must start within six periods of 24 hours from the end of the previous rest.
If the weekly rest does not comply with the required times, the penalty depends on the severity:
- If the excess is less than 10%, the penalty is not applicable.
- More than 10%: € 380.00
- More than 20%: € 434.00
Nighttime increase
In case of violation of the rules regarding driving and rest times, if the infraction occurs during the nighttime hours (between 10:00 PM and 7:00 AM), the amount of the penalty increases by one third. This increase also applies to violations related to the failure to interrupt rest, if the violation occurs during the nighttime hours and prevents the driver from completing the rest in the established time.
Undeclared periods
If a driver does not correctly declare the periods of activity while away from the vehicle (for example, during the replacement of the tachograph card), the tachograph will signal these periods with the symbol “?”. The penalty for this violation is € 52.00. In this case, the increase for the night period does not apply.
Failure to declare the country of start and end
Another violation concerns the failure to declare the country of start and end of one's work activity, which must be correctly recorded in the tachograph. The penalty provided is also € 52.00, without an increase for the night period. However, for the latest generation tachographs (GEN 2 and GEN 2V2), this penalty is not applicable.
Driving without a card
The driver is required to use the tachograph card every day and insert it into the appropriate slot from the moment they take over the vehicle, and for those who do not comply with this obligation, a penalty of € 866.00 plus 10 points and suspension of the license from 15 days to 3 months.
How to avoid penalties on the tachograph
To avoid penalties related to the use of the tachograph, it is essential to practice some good habits in managing driving and rest times:
- Respect for driving and rest times: it is essential that drivers respect driving times and especially rest times, both daily and weekly, avoiding exceeding the limits set by regulations.
- Continuous training of drivers: drivers must be updated on driving times, mandatory breaks, and rest periods. Training, provided by companies through a course, reduces the risk of violations.
- Periodic checks of the tachograph: companies must regularly verify the correct functioning of the tachograph through calibration, as well as the functioning of driver cards.
Conclusions
The penalties for improper use of the tachograph can be severe and negatively impact transport activities. However, by following the regulations on driving and rest times, it is possible to avoid them. Constant monitoring, adequate training of drivers, and proper management of the tachograph are essential to prevent violations. Adopting these practices not only helps avoid fines but also improves the safety and well-being of drivers.