Special regulations apply to drivers and passengers of trucks with a maximum authorized mass exceeding 3.5 metric tons (3.5 t maximum authorized mass) and buses, for their protection and in the interest of road safety. These regulations apply uniformly throughout the European Union. They govern, among other things, the maximum daily and weekly driving times, the minimum required breaks, and the daily and weekly rest periods for drivers.
In addition, there are national regulations regarding the recording of driving times—including breaks—and rest periods (tachographs or handwritten records for vehicles with a gross vehicle weight between 2.8 metric tons and 3.5 metric tons).
Drivers may also not be paid based on the distance traveled or the volume of goods transported.
On the road, inspections are conducted by the police and the Federal Office for Logistics and Mobility (BALM). During these inspections, individual vehicles are checked, among other things, for current compliance (the current day and the preceding 56 calendar days) with driving and rest period regulations.
At company premises, the state labor inspection offices conduct systematic inspections regarding compliance with social regulations in road transport. As a rule, these inspections cover the entire fleet or large portions of the fleet over an extended period. In particular, these inspections are intended to verify the proper scheduling of deployed vehicles and drivers by the business owner, transportation manager, and dispatchers.
Violations of social regulations in road transport generally constitute administrative offenses for the driver, the employer, and persons commissioned by the employer (e.g., dispatchers), which may be punished with fines.
The amount of the fines is determined by the nationwide “Catalog of Fines and Warnings under Driver Personnel Law” (published by the State Committee for Occupational Safety and Safety Engineering (LASI) – LV 48). In addition, upon the detection and punishment of so-called most serious violations (Regulation (EC) No. 1071/2009, Annex IV) against the transport manager or the transport company, an administrative review procedure is conducted to determine whether the company’s reliability should be revoked.
