Road transport is one of the most regulated areas of the labour market. Even a minimal exceeding of the permitted working time is a serious infringement, and there are indications that the regulations are to be even stricter. Exceeding working hours is one of the most serious offences in road transport, which not infrequently leads to truck accidents with serious consequences. As a result of these worrying reports, EU legislators drawing up a table of infringements in road transport have paid particular attention to offences relating to drivers’ driving and rest times. What else do the planned changes, which will come into force early next year, concern?
Additional points for tachograph manipulation
Manipulation of the tachograph is one of the offences with serious consequences. Infringements such as using an unapproved tachograph or having devices in the vehicle that interfere with the tachograph are among the most serious. If they are committed, they may result in a review procedure being initiated regarding the haulier’s modus operandi.
New categorisation of transport companies
Every road haulier is subject to a transport company rating. For this, the inspection services use a complex formula to determine the overall risk level of the company, if only on the basis of how often and for how many significant infringements the haulier has been penalised over the last two years. The system classifies carriers into four risk categories. Each category is marked with a colour.
Infringements in TSL and their classification
The revision of the legislation means that it is compulsory to update the tariffs in each of the member states of the European Union. Based on the classification of offences, the member states lay down rules on the level of penalties and how they should be imposed. The consequences of breaking the law must be effective and proportionate to the seriousness of the offence. According to the legislation, each offence detected by the services is classified into one of the following four categories:
- NN – most serious breaches – 90 points,
- BPN – very serious violations – 30 points,
- PN – serious breaches – 10 points,
- NMW – minor infringements – 1 point
The carrier receives points for even the smallest non-compliance with the applicable regulations. On the basis of these, he is qualified for the relevant threshold, which may entail an inspection of the company if the points are very high. The most serious infringements may result in proceedings to assess the good reputation of the transport company. This, in turn, may involve the loss of the licence, which in effect makes it impossible to carry out transport activities.
