Tightening enforcement of driving and rest times and tachograph fraud by the ILT

The Inspectie Leefomgeving en Transport (ILT) recently posted a news item on its website, in which it announced that it would be tightening enforcement with regard to exceeding driving and rest times and tachograph fraud.*

As of 1 February 2021, the ILT will be able to impose fines for a longer period than before if it finds that driving and rest time regulations have been seriously exceeded. Until 1 February 2021, the ILT only investigated and fined violations from the last daily rest period. From 1 February 2021, the ILT will fine for serious violations of driving and rest times from the last weekly rest period. This is done on the basis of data from the digital tachograph, the so-called M files.

Manipulated tachograph and additional penalty for driver

If it is discovered during a roadside check that a truck or bus driver is driving a vehicle with a manipulated tachograph, both the transport company and the driver can be fined. These fines are not small, the fine for the transport company is € 10,375 and for the driver € 1,500.

From 1 February 2021, there is a considerable additional risk for the driver. The driver may lose his driver card if he is caught red-handed driving a truck with a manipulated tachograph. As a result, the driver is temporarily unable to perform his profession. In such a case, the question will arise whether his employer is still obliged to continue paying the salary. If the employer is the transport company that is responsible for providing its truck with a proper tachograph, then it will be the employer’s risk. This may be different if, for example, the driver works on the basis of a temporary employment contract or works on an intercollegiate basis at another transport company.

Focused on the professional driver

In the news item, the road transport inspector of the ILT explains that her spears will now also be more clearly focused on the professional driver. If the driver fulfils a clear role or action that made it possible to commit fraud with the driver card or with the tachograph, the driver now also risks a fine of € 1,500.

The number of roadside checks and company inspections of transport companies by the ILT has increased considerably in recent years. The number of fines imposed is increasing, and this also applies to the fine amounts. If your transport company requires legal assistance following an announced or unannounced company inspection by the ILT, do not hesitate to contact.

Mr. Otto Lenselink

February 2021

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