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Why?

Why?. Unbalanced fines Stiff judgement due to digitalisation Height of the fine not in proportion with infringement The control period was extended to 28 days, the height of the fines remained similar resulting in an increase of the total fine

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Why?

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  1. Why? • Unbalanced fines • Stiff judgement due to digitalisation • Height of the fine not in proportion with infringement • The control period was extended to 28 days, the height of the fines remained similar resulting in an increase of the total fine • See publication Unreasonable fines concerning driving time and rest periods http://www.tln.nl/media/4_personeel_en_arbeid/rij_en_rusttijden/dossier_onredelijke_boetes_eng.pdf 09-ECR-PRESENTATION(NO-003)EN

  2. European complaints deskfor disproportionate fines 09-ECR-PRESENTATION(NO-003)EN Ilse Koning Senior advisor

  3. Stiff judgement due to digitalisation • Infringement: driving time of 10 hrs 2 mins • Fine: €50 • Delay: 2 hrs 30 mins • Remark transporter: • 2 lorry’s drove together from Poland • 1 analogue  ‘well done, nice tachograph sheets’ • 1 digital  fine 09-ECR-PRESENTATION(NO-003)EN

  4. Fine not in proportion with infringement • Infringement: driving time of 9 hrs 5 mins • Fine: €301 • Delay: 2 hrs 30 mins • Remark transporter: driving time in week of infringement: • 8 hrs 20 mins • 7 hrs 15 mins • 9 hrs 40 mins • 9 hrs 50 mins • 9 hrs 5 mins 09-ECR-PRESENTATION(NO-003)EN

  5. Fine not in proportion with infringement • Infringement: No record/form of attestation of activity • Fine: €3000/€2000 • Delay: 5 hrs/2 hrs 30 mins • Remark transporter: the drivers work part-time. The form is only intended for: • Sick leave • Annual leave • Driving a vehicle exempted from Vo 561/2006 09-ECR-PRESENTATION(NO-003)EN

  6. Extended control period • Infringement: daily driving time of 9 hrs 15 mins 28 days ago • Fine: €135 • Delay: unknown • Remark transporter: A (high) fine for a recent infringement, ok. But fines for small infringements from 28 ago… 09-ECR-PRESENTATION(NO-003)EN

  7. Proposal • Aim: • Insight in European scale of problem of disproportionate fines • By: • Creation of a European complaints desk for transporters to report unbalanced fines (expressions of dissatisfaction, not for formal objections) • Analyse the data from the complaints desk • Suggested executor: ECR 09-ECR-PRESENTATION(NO-003)EN

  8. Future aims: • Height of fines in proportion with infringement • Increased harmonisation in control methods 09-ECR-PRESENTATION(NO-003)EN

  9. More information: • Ilse.koning@ivw.nl • +31 70 4562402 • +31 6 54981016 09-ECR-PRESENTATION(NO-003)EN

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