On March 24, 2023, the Dutch regulations on penalties for road transport violations were updated. These changes pertain to penalties for violations of drivers’ working times and tachographs.
The new regulations introduce several significant changes, including the classification of violations as serious, very serious, and most serious. For example, the provisions of the Regulation on driving and rest time, such as failure to register the country symbol at border crossings and not having drawn up a duty roster, are now considered infringements. Additionally, the fines for these violations have been adjusted.
In this context, the implementation of these changes affects both the Working Hours Act and the Working Hours Decree in road transport. They are also related to the Regulation (EC) No 561/2006 of the European Parliament and of the Council on driving and rest time, and Regulation (EU) No 165/2014 of the European Parliament and of the Council of 4 February 2014 on tachographs in road transport.
Following the ERRU penalty point system, the regulations now include a fourth category of fines related the classification of violation.
Classification of Penalties:
Minor infringements carry fines of up to 149 euros. Major breaches are fined from 150 to 449 euros, very significant infringements from 450 to 1,349 euros, and the most serious ones up to 1,350 euros.
AI = Minor infringement | € 0, – – € 149, – (immediately punishable from a subsequent company inspection) |
BI = Major breach | € 150, – – € 449, – (directly punishable from second company inspection) |
HBI = Very significant infringement | € 450, – € 1.349, – (directly punishable from the first company inspection) |
MBI = Most significant infringement | ≥ € 1,350 (immediately punishable from the first company inspection) |
Calculation of the administrative fines:
In determining the degree of culpability, at least the following circumstances may be taken into account:
- previous interventions or violations;
- other violations during the audit period;
- the benefit gained from the violation;
- the impact/duration of the violation;
- or the violation was terminated on its own initiative.
If multiple infringements have been detected with different degrees of culpability, the average is calculated by assigning points to each violation, shall be based on the average, rounded down, where for:
- reduced culpability applies, 1 point,
- normal culpability applies, 2 points,
- gross negligence, 3 points,
- set-up applies, 4 points.
In determining the degree of culpability, the new rules introduce and impose fines for specific infringements during the first, second and third transport inspections on a company.
During the first transport inspection, only “very significant infringement” and “most significant infringement” are directly subject to fines.
The “major breach” is subject to immediate punishment only during the company’s second inspection. On the company’s third or subsequent inspection, “minor violations” are also subject to immediate punishment.
Importantly, in the case of repeat offenses, i.e., the same violations detected for the second and third time, the amounts of fines for each are increased by 100 percent and 200 percent, respectively.
Example of fines:
- Not having drawn up a duty roster relating to art. 16, second paragraph, Regulation (EC) No 561/2006 is punished by 4. 400 euro and its Immediately punishable during transport inspection.
- Use a driver’s card, workshop card or company card not in his name, with the exception of a company card of an employer used by his employee is punished by 4. 400 euros and its immediately punishable during transport inspection.
Important :
- In the case of repeat infringements, i.e., the same violations detected for the second and third time, the amounts of fines for each are increased by 100 percent and 200 percent, respectively.
Please find the list of fine standard amounts administrative fine road transport (fine catalogue): Beleidsregel boeteoplegging Arbeidstijdenwet en Arbeidstijdenbesluit vervoer (wegvervoer) 2022, Artikel 3 Berekening van de bestuurlijke boete (24-03-2023 tot —) | Navigator
