Working Hours Act and New Policy Provision on Penalties in the Working Hours Order 2022 in Transport (Road Transport)

The 2022 version has changed drastically compared to the 2019 version. The changes are mainly a result of the mobility package that came into effect in 2020. Additionally, this change is a consequence of Brexit and for international road freight transport between the EU and the UK, rules on driving hours and rest periods have been included in the Trade and Cooperation Agreement. The State Council’s ERRU Registration and Case Law also urged revision of this policy provision.

Big changes
A lot of changes have been made. For example, many new penal codes (offences) have been added. These codes correspond to the standards included with the mobility package, for example, entering the country code symbol at border crossings; The fine is € 200,-.

Additionally, a large number of penalty amounts have been changed. This is related to the fact that following the ERRU registry, a fourth type of penalty is attached to the policy rule. Some fines have been increased while others have been reduced.

Also, the size of the offender is taken into account while setting the fine. This was not the case previously, but the Administrative Jurisdiction Division of the Council of State has determined that this should be done in the context of another policy provision imposing fines. This too has now been incorporated into this policy clause. Nowadays, reduced culpability is examined whether there is ordinary culpability, gross negligence or intent. ‘Ordinary crime’ is the norm. If there is a question of reduced guilt, the amount is multiplied by 0.5. 1.5 with ‘gross negligence’ and 2 with ‘intentional’.

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Maximum Penalty Amount for First Institutional Inspection
In the case of the first company inspection, the penalty resolution has a maximum amount. For a company with 100 or more employees it is €90,000. For less employees and self-employed, it is 25%, 50% or 75% of that amount, depending on the number of employees respectively. As the new policy rule now takes into account the size of the offender, a team is formed. This means that, on the one hand, the number of employees is taken into account, and on the second, the amount of crime together for all violations. The maximum amount of fine will be determined depending on the result.

has come into effect
The new policy rule came into effect from 24th March 2023. Violations up to that date will continue with the old policy. However, this new policy provision will be applied if it has a more favorable effect on violations committed up to March 24, 2023 (for employer, self-employed or employee).

See more?
There are some changes in the new policy rule. We have written a more detailed article about this See here. Policy clause complete with explanatory notes Here to find out. Do you have questions? Don’t hesitate to contact one of the TLN Ledendesk or community team advisors.

Ferdinand Woolridge

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