New French Decree on road transport inspections – key updates and impact on transport companies
The road transport sector is set to experience significant changes following the introduction of the French Decree of February 12, 2025[i], effective the same date, which implements Directive 2006/22/EC.
This new French decree establishes a comprehensive control system for ensuring compliance with social regulations in the road transport sector and aims to enhance enforcement mechanisms across the European Union.
The French decree enforces Regulations (EC) No. 561/2006 and (EU) No. 165/2014, as well as Directive 2002/15/EC, and applies to all road transport companies and drivers, regardless of their country of registration.
In this context, I’m providing an overview of the key points of the French decree and what it means for transport undertakings in the international transport sector.
[i] https://www.legifrance.gouv.fr/loda/id/JORFTEXT000051163741?origin=list#:~:text=Ce%20syst%C3%A8me%20comporte%20des%20contr%C3%B4les,les%20cat%C3%A9gories%20de%20transport%20routier
1. Roadside inspections: ensuring compliance on the road
The new decree introduces rigorous roadside inspections aimed at verifying compliance with social regulations, particularly around driving times, rest periods, and the adherence to social rules set by the EU. The roadside inspections will use advanced IT systems and early detection tools to quickly spot violations, making the process faster and more effective.
Key components of roadside inspections include:
- Verification of driving hours and rest periods to ensure compliance with safety regulations.
- Detection of violations using advanced IT systems that can instantly identify issues such as exceeding driving limits or failing to take required breaks.
In this context, the roadside check generally will cover all the fields mentioned in Part A of Annex I to the aforementioned Directive 2006/22/EC, such as:
- Daily and weekly driving times, breaks, and rest periods:
This includes verifying the daily and weekly driving times, breaks, and rest periods, as well as checking the preceding days’ record sheets. These records need to be carried on the vehicle in accordance with Article 36(1) and (2) of Regulation (EU) No 165/2014, or the data stored on the driver’s card, recording equipment memory, or printouts.
- Exceeding the vehicle’s authorized speed:
Roadside checks will also verify any instances where the vehicle’s speed exceeded the authorized limit. For example, exceeding speeds of 90 km/h for N3 category vehicles or 105 km/h for M3 vehicles for more than one minute.
- Momentary speed attained in the previous 24 hours:
Authorities will check the momentary speeds attained by the vehicle in the last 24 hours, recorded by the vehicle’s tachograph.
- Functioning of the recording equipment:
The correct operation of the tachograph equipment will be checked to detect any misuse or issues with the driver’s card or record sheets, in compliance with Article 16(2) of Regulation (EC) No 561/2006[1].
Roadside inspections will also include a verification of the tachograph to detect any devices intended to manipulate or alter data. This includes checking for any illegal devices that could interfere with data exchange between tachograph components.
- Extended maximum weekly working hours:
Inspections may also include verification of weekly working hours, particularly ensuring that drivers are not exceeding the maximum allowable working hours of 60 hours per week, as outlined in Directive 2002/15/EC.
2. Inspections at the premises of undertakings: focus on records and operational data
In addition to roadside inspections, the French decree also outlines inspection at the premises of undertakings. These inspections focus on ensuring that companies are maintaining proper records and operational data in line with regulatory requirements. The new system will particularly target high-risk companies based on an infraction classification system.
Key points of company premises inspections:
- Examination of company records to ensure compliance with regulations;
- Companies are required to retain control documents for at least one year;
- Focus on high-risk companies based on an established system of infractions.
The inspection at the company’s premises generally will cover the elements mentioned in Parts A and B of Annex I to the aforementioned Directive 2006/22/EC, such us:.:
- weekly rest periods and driving times between these rest periods;
- observance of the two-weekly limitation of driving times;
- record sheets, vehicle unit and driver card data and printouts;
- compliance with maximum average weekly working times, breaks and night work requirements set out in Articles 4, 5 and 7 of Directive 2002/15/EC;
- observance of the obligations of undertakings as regards the payment for drivers’ accommodation and the organisation of the work of drivers, in accordance with Article 8(8) and (8a) of Regulation (EC) No 561/2006.
3. Inspection targets:
The decree outlines specific inspection targets to ensure a comprehensive approach to monitoring the road transport industry:
- At least 3% of drivers’ working days must be inspected annually to ensure compliance.
- At least 30% of inspections will be carried out on the road, while at least 50% will take place at company premises.
4. Risk classification system: identifying high-risk companies
One of the key innovations in the French decree is the introduction of a risk classification system. This system assesses companies based on the number and severity of their infractions, categorizing them as low, medium, or high risk. High-risk companies will face more frequent inspections, creating a targeted approach to enforcement.
Key points :
- Risk assessment based on infractions to identify companies in need of closer scrutiny.
- Frequent inspections for high-risk companies to ensure better compliance.
5. Sanctions and responsibilities:
The decree also places emphasis on shared responsibility within the transport chain. In the case of violations, responsibility can be distributed among various stakeholders, including transport companies, drivers, and subcontractors. For companies found to be in repeated violation, administrative sanctions may be imposed as a deterrent.
Important aspects of sanctions and responsibilities:
- Shared responsibility within the entire transport chain.
- Possibility of administrative sanctions for companies with repeated violations.
5. European cooperation: strengthening cross-border enforcement
The decree promotes closer cooperation between EU Member States, ensuring better coordination and more effective enforcement across borders. This includes the exchange of information through systems like IMI (Internal Market Information) and ERRU (European Register of Road Transport Undertakings), enabling authorities to detect cross-border violations more efficiently.
A key aspect of European cooperation is the sharing of information between EU Member States to detect and address violations, along with coordinated joint inspections to strengthen enforcement across multiple countries.
Additionally, collaboration with the European Labour Authority and Euro Contrôle Route further enhances compliance and regulatory oversight.
Conclusion
The implementation of the February 12, 2025, French decree marks a significant step forward in ensuring that road transport companies and drivers comply with European social regulations. The focus on technological solutions, risk-based inspections, and enhanced European cooperation will likely improve enforcement efficiency and contribute to better road safety and working conditions across Europe.
During the roadside checks, the controlling authority will be able to control remotely at distance thanks to DSRC.
Second-generation smart tachographs are equipped with a DSRC (Dedicated Short-Range Communication) module, allowing controlling authorities to scan tachograph data in real time without stopping the vehicle.
What elements can be checked remotely?
In this context, controlling authorities can detect potential violations such as exceeding driving times, absence of the driver’s card, attempted tampering with the tachograph, technical defects of the tachograph, and data errors.
The DSRC is not used to directly fine a driver, but to identify vehicles potentially in violation and justify a more in-depth roadside inspection.
Transport undertakings operating in the transport sector should be prepared for more frequent inspections and potential sanctions for non-compliance. It is essential for transport undertakings to stay up to date with these changes, maintain accurate records, and ensure they meet all regulatory requirements to avoid penalties.
