To pursue the occupation of road transport operator is in Regulation EC 1071/2009 and in force since December 2011, it continues to apply.
The new Regulation EU 2016/403 supplements the list of “Deadly Sins” and divide the violations into new categories and type, in force since January 2017
Prerequisite for the professional admission is the reliability (Article 6), the financial fitness (Article 7), professional competency (Article 8) and a branch of the Member State concerned (Article 5).
A regular check of reliability takes place every 10 Years on average. If a company is noticeably risk-averse, they can or may be checked more frequently.
The number of violations per driver and year is averaged. The risk assessment is based on a traffic light system.
This is calculated by summing the total number of infringements of the same degree in a company Year. This number is then divided by the average number of drivers’ employed during the year. This creates the Upper limit.
The procedure for verification is the same as when granting or redistributing the relevant transport permit.
|THE NEW ADVANCED LIST OF DEATH SINS INCLUDES:
□ Social provisions: Regulation (EC) 561/2006 and Regulation (EU) 165/2014
□ Working time: Directive 2002/15 / EC
□ Weights and dimensions: Directive 96/53 / EC
□ Technical roadside inspection: Directives 2014/45 / EU and 2014/47 / EU
□ Speed limiter: Directive 92/6 / EEC
□ Professional driver qualification: Directive 2003/59 / EC
□ Driver license requirements: Directive 2006/126 / EC
□ Dangerous goods: Directive 2008/68 / EC
□ Market Access Regulations: Regulation (EC) Nos 1072/2009 and 1073/2009
□ Animal transport: Regulation (EC) No. 1/2005
Violations are now divided into three severity levels:
□ SI (serious infringement): a serious violation
□ VSI (very serious infringement): very serious infringement
□ MSI (most serious infringement): worst offence
The violations are summed up as follows:
□ 3 SI per driver and year → 1 VSI
□ 3 VSI per driver and year → 1 MSI or launch of a national procedure on good repute
□ 1 MSI = Verification of reliability
How the risk classification works in accordance with EU Regulation 2016/403
|high risk||* three very serious violations (VSI) per driver per year
* a most serious violation (MSI) which did not lead to the revocation of the license
|The existence of the professional access requirements must from the authorities be checked immediately|
|average risk||within the company within two years
* more than a very serious one Violation (VSI)
* more than three serious violations size (SI)
|The authorities should review the existence of the professional access requirements within two years.|
|without risk||Violations below the critical threshold||no consequences|
Download the full article in PDF of the “The list of deadly sins for a transport operator”
How the violations of each EU Directive or Regulation of the “deadly sins” are divided into degrees of severity. This can be found by following the link to the appendix of the Regulation (EU) 2016/403
Download the full Regulation EU 2016/403 of 18 March 2016 supplementing Regulation (EC) No 1071/2009 of the European Parliament and of the Council with regard to the classification of serious infringements of the Union rules, which may lead to the loss of good repute by the road transport operator, and amending Annex III to Directive 2006/22/EC of the European Parliament and of the Council.