Sanctions by French authorities on drivers of double manned vehicles

I have just completed some research for a client regarding the situation in France and whether it applied to the UK. As can be seen from the FTA and the IRU (International Road Freight Union) announcements detailed below it only “applies” to France and it is questionable whether they are acting legally.   We will be watching development with interest.

 Ian Dodd

 Managing Director and Principal Consultant 

FTA has been informed by the IRU that the French authorities have started issuing fines for a second driver taking a break in a double manned vehicle while that vehicle is moving. The alleged infringement is of exceeding continuous driving time and the French authorities use as a reference Art. 34, par. 5 of Regulation 165/2014 (the revised Digital Tachograph legislation) that entered into force on 2 March 2016.

IRU is already in contact with the European Commission and has contacted the French authorities with a request for an explanation. IRU doubts whether this new enforcement practice is in conformity with the TRACE handbook (a guidance document for enforcers) and Guidance Note no. 2 that was agreed by all EU Member States.

IRU will inform FTA as soon as new information becomes available. In order to avoid excessive penalties, the IRU recommends members to advise operators of the potential problems in France and the danger of having sanctions imposed by French authorities on double manned vehicles’ drivers.

Sources: CPT, TLN, AEBTRI FTA

Sanctions by French authorities on double manned vehicles’ drivers

IRU has been notified by several member associations that the French authorities have started issuing fines for a second driver taking a break in a double manned vehicle while that vehicle is moving. The alleged infringement is of exceeding continuous driving time and the French authorities use as a reference Art. 34, par. 5 of Regulation 165/2014 which entered into force on 2 March 2016.

IRU is already in contact with the European Commission and has contacted the French authorities with a request for an explanation. IRU doubts whether this new enforcement practice is in conformity with the TRACE handbook and Guidance Note no. 2. IRU will inform the Members as soon as new information becomes available. In order to avoid excessive penalties, the IRU recommends members to advise operators of the potential problems in France and the danger of having sanctions imposed by French authorities on double manned vehicles’ drivers.

Sources: CPT, TLN, AEBTRI