What are the penalties for violating the tachograph obligation?

Compliance with legal requirements plays a central role in the logistics and transportation industry. One of these obligations is the use of the tachograph, which documents the driving and rest times of drivers. Violations of the tachograph obligation can have serious consequences – for both companies and drivers. In this article, we take a detailed look at the tachograph obligation, typical violations and the impending penalties.

What is the tachograph obligation?

The tachograph obligation is a legal regulation that was established in the EU by Regulation (EC) No. 561/2006. It is intended to monitor the working hours of drivers and ensure fair working hours and road safety.

A digital tachograph records the following data:

• Driving times
• Rest periods
• Working hours
• Distance traveled
• Speed of the vehicle

This data serves as proof for the control authorities and is intended to prevent drivers from being overloaded due to excessive driving times.

Who is affected by the tachograph obligation?

The obligation to use a tachograph generally applies to all vehicles that transport goods or passengers for commercial purposes and have a gross vehicle weight of more than 3.5 tons. However, there are exceptions for certain vehicle types and purposes, e.g:

• Police or civil defense vehicles
• Vehicles for agricultural purposes in the local area
• Craft enterprises under certain conditions

A close examination of the exemptions is essential for companies in order to avoid possible penalties.

Typical violations of the tachograph obligation

Violations can occur in many forms. The most common include:

1. Non-use of the tachograph

   • The tachograph is deliberately not used or switched off.

2. Tampering with the tachograph

   • Attempts are being made to manipulate the recorded data in order to conceal longer driving times.

3. Non-submission of data

   • Drivers or companies cannot present the recorded data during an inspection.

4. Violations of driving and rest times

   • The prescribed driving times are exceeded and rest periods are not observed.

5. Insufficient training

   • Drivers are not sufficiently trained, which leads to them operating the tachograph incorrectly or not knowing the legal regulations.

Penalties for violations of the tachograph obligation

The penalties for violations can be significant and depend on the severity of the offense. The penalties vary depending on the country and authority, but the EU has created uniform guidelines for many violations. The penalties affect both the driver and the company.

1. fines for drivers

Drivers are liable for violations for which they themselves are responsible. Here are some examples of typical fines:

• Violation of the daily rest period: up to €500
• Exceeding the maximum weekly driving time: up to € 1,000
• Non-use of the tachograph: up to €2,000
• Tampering with the tachograph: up to €5,000 and possible additional criminal consequences

2. fines for companies

The company that employs the driver will also be held responsible. The penalties can be considerably higher than the fines for the driver.

• Ordering violations or acquiescence: up to €30,000
• Lack of training and inadequate controls: up to €15,000

Depending on the severity and frequency of the violations, companies may also face additional consequences, such as the withdrawal of their transport license.

3. consequences under criminal law

In particularly serious cases, such as tampering or repeated, deliberate violations, criminal proceedings may be initiated. These can result in fines or even imprisonment.

Possible impact on companies

In addition to the direct financial consequences, violations of the tachograph obligation can also have long-term effects on the company. These include:

• Loss of reputation: A bad reputation can drive customers away.
• Insurance consequences: In the event of accidents with proven violations, insurance companies can refuse to pay benefits.
• Loss of operating license: In the event of repeated violations, the authorities can revoke the transport license.

How can violations be avoided?

To avoid high penalties, companies should take preventive action. Here are some measures:

1. Training and further education

   • Train drivers regularly on the current legal regulations.

2. Use of modern systems

   • Regularly maintain digital tachographs and bring them up to date.

3. Internal controls

   • Companies should regularly check compliance with driving and rest times and analyze conspicuous data patterns.

4. Clear company guidelines

   • A transparent company policy on compliance with legal regulations creates awareness and promotes responsibility among employees.

5. Legal advice and support

   • In the event of an inspection, legal assistance can help to clear up potential misunderstandings and avoid fines.

Conclusion

Violations of the tachograph obligation are no small matter. They can have considerable financial and legal consequences for drivers and companies. It is therefore crucial to be fully aware of the legal requirements and to implement them. Prevention, training and the use of modern technologies are the best means of avoiding penalties and running a safe and compliant operation.