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Roadside checks on goods vehicles are a frequent occurrence. Here are a few tips to help you avoid unpleasant surprises when your drivers are inspected on the road. The use of a comprehensive Transport TMS is a good first step.
What documents must be carried on board vehicles before departure?
During roadside checks, drivers may be asked to present the various documents required on board of their vehicles. In the case of road haulage, several documents must be carried on board each vehicle. These can be divided into 3 categories:
- Driver documents (e.g. driving license, qualification card, driver card)
- Vehicle documents (e.g. registration certificate, insurance certificate, axle tax)
- Goods-related documents (e.g. delivery note or consignment note)
The documents to be presented may differ depending on the goods being transported (e.g.: transport of hazardous materials). For more details, we recommend that you consult the DREAL documentation (in French), which sets out the various documents that may be requested during an inspection.
Penalties for failing to present these documents during an inspection can go as far as a 5ᵉ class contravention (1500 euros fixed fine).
What are the different classes of contravention?
What is a 1st-class traffic fine?
The least severe category: a standard fine of €11 (or €17 depending on the offence), increased to €33 if not paid on time, with a maximum amount of €38 if the case goes before a judge.
No penalty points are deducted from the driving licence.
What is a 2nd-class traffic fine?
A standard fine of €35, reduced to €22, and increased up to €75 if paid late. If judged in court, the fine can reach a maximum of €150.
Some offences may result in 1 penalty point being deducted (for example, using a phone while driving or turning without signalling).
What is a 3rd-class traffic fine?
A standard amount of €68, reduced to €45, and increased up to €180 if unpaid within the deadline. If taken to court, the maximum fine is €450.
Some offences may lead to penalty points being deducted depending on the situation.
What is a 4th-class traffic fine?
A standard fine of €135, reduced to €90 for fast payment, and increased up to €375. A reduced amount may still apply after the increase (e.g. €300 if paid within 30 days). If handled by a judge, the fine can reach €750.
Often accompanied by a 3-point deduction, and in some cases a licence suspension of up to 3 years, depending on the severity.
What is a 5th-class traffic fine?
The most serious category before criminal offences. The maximum fine is €1,500, rising to €3,000 in case of repeat offences (depending on applicable regulations).
Often punishable by a 6-point deduction, potential licence suspension, or even vehicle confiscation, depending on the offence (e.g. speeding ≥ 50 km/h over the limit, overloading, highly dangerous parking…).
What are the regulations governing tachographs?
Tachographs, which are compulsory on board all goods vehicles, are subject to very strict regulations. To avoid penalties, a few basic measures are essential, such as :
- Checking the presence of papers on board to be able to print the tachograph information (the absence of paper is punishable by a 3ᵉ class fine - Art. R3315-9 of the Transport Code).
- Set up and use your tachograph correctly: failure to comply with obligations to record and monitor driving and rest times is punishable by a 4ᵉ (R3315-10) or 5ᵉ class fine (R3315-11).
- Don't forget to download your driver card within the 28-day time limit...
Beyond small mistakes and oversights, falsifying tachograph data is an offence that exposes the employer or driver to 1 year in prison and a 30,000-euro fine.
Good road transport practices to avoid penalties
Respect driving and rest times
Failure to comply with mandatory driving and rest times is often observed by DREAL officers, and can be costly ( 4ᵉ and 5ᵉ class contraventions).
Infringements of driving and rest time obligations for truck drivers are listed in the Transport Code (articles R3315-9 to R3315-11).
For example, if your driver exceeds the maximum daily driving time by 2 hours (i.e. 9h/d), it's a 4ᵉ class contravention (135 euros lump sum) and beyond two hours, it's a 5ᵉ class infraction (1,500 euros lump sum).
Beware of overloading your vehicles
Overloading is punishable by a 4ᵉ class contravention and by multiplying the fines as many times as the excess bracket is noted. Ex: a truck over 3.5 T that is overloaded will be fined a 4ᵉ class contravention for each ton over the authorized weight limit (Article R312-2 c) of the Highway Code.
To avoid fines, make sure you don't overload your vehicles by respecting the PTAC or PTRA stated on the registration certificates. It's also a question of safety: don't risk the lives of your drivers and other drivers!
Reminder: employers' obligation to report accidents
Some employers still refuse to denounce their employees in the event of a breach of the Highway Code. Yet this has been a legal obligation since 1ᵉʳ January 2017.
Article L121-6 of the Highway Code stipulates that in the case of an offence set out in Article L 130-9 and engaged with a company vehicle, the company's moral representative has 45 days to indicate the identity and address of the person at the wheel at the time of the offence (on pain of being awarded a 4ᵉ class contravention).
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