Fine
Company Control
Data from all vehicles subject to driving and rest time regulations must be stored properly by the company.
This data must be used for any company control where the Danish Traffic Authority asks for data. Of course, it must also be possible to show if you are stopped on the roads by the heavy goods police.
When data from the tachograph is checked, the company is responsible for all data + any violations of the driving and rest periods.
This means that the business owner is responsible as an employer, regardless of who has driven the vehicle.
The business owner will always be liable for any infringement, either with a fine, an injunction or the like.
Fine
Both driver and company can be punished with a fine if the following articles are violated.
What they have in common, however, is that a 5 percent threshold is set, which means that charges are only brought if the overrun is 5 percent or more.
Financial penalties for infringement of Articles 6, 8 and 9
- Article 6:
The driver's daily driving time, weekly driving time and over a period of 14 days. - Article 8:
The driver's daily and weekly rest/breaks. - Article 9:
Ferry rule + travel time/working time outside the vehicle.
For all the above points, in the event of an infringement, it may result in a fine on the basis of the following criteria:
- For the driver, a fine of DKK 100 is set for each percentage that a driving and rest time regulation is exceeded.
- For the company, a fine of DKK 200 is set for each percentage that a driving and rest time regulation is exceeded.
Ex. In the event of a driving and rest period violation of 13 %,the driver will normally be fined DKK 1300, while the company will receive a fine of DKK 2600.
Fines for infringement start at DKK 500 for the chauførren and DKK 1,000 for business.
The fines are rounded up to the nearest whole amount, which is shareable by DKK 500.
Should there be more infringements, rounding up will only take place after all the fines have been added up.
For example, for two driver fines of DKK 780 and DKK 600.
Together it gives DKK 1380 and the fine will therefore be: DKK 1500.
Financial penalty for infringement of Article 7
- Article 7:
The length of the pause and the division of this.
- For the driver, a minimum fine of DKK 25 per overrun percentage is set
- For the company, a fine of DKK 50 per overrun percentage has been set.
and at DKK 250 to the company (if combined with other fines. Alternatively 1000 DKK)
Convicted from driving
The driver of a vehicle shall be conditionally convicted from driving if Articles 6, 8 or 9 have been infringed by more than 40%.
For infringement (regardless of the size) of Article 7, there is no conviction from driving.
The driver of a vehicle is unconditionally convicted from driving if there are several circumstances in which the driving and rest periods have been breached by more than 40% and the conditions are more than one week.
If 6 infringements of more than 5 % are found within a period of 3 years, the driver's right to driver will be conditionally convicted.
The offences may have been committed in the same week or over several weeks.
For example, if a driver has 12 infringements within a period of 3 years (2×6 violations), the driver's right to drive a vehicle is unconditionally removed.
The six infringements, each of them, give a conditional conviction from driving.
Sanctions
Penalties for infringement of driving and rest periods:
• In the case of a driver, the fine is DKK 500-6,000 for each violation of the tachograph scheme.
• For business, the fine is DKK 1,000-12,000 for each violation of the tachograph scheme.
Penalties for failure to submit information for business control:
If the company has recieved a company control and fail to submit chart sheets or digital data for the specific period, the penalty of the fine shall be as follows:
• DKK 6,000 to the company per missing chart sheet.
• DKK 6,000 to the company per missing day, where no data from the digital tachograph and driver card have been provided.
For example, if you have 2 vehicles, the fine for non-submission of data can run to DKK 360,000.