That is the key message from a ruling published on 4 February 2026 by the Raad van State, which upheld a €66,400 administrative fine for breaches of the Dutch Working Hours Act. Importantly, the dispute did not centre on drivers exceeding legal limits. It centred on missing tachograph records.
According to Dutch press information, the case concerns transport company De Rooy, based in Son in North Brabant.
The proceedings arise from an unannounced inspection conducted on 19 January 2019 by the Inspectie Leefomgeving en Transport (ILT). Inspectors reviewed the company’s compliance for the period 3–30 September 2018. According to the ruling, the company failed to maintain complete and accessible records of drivers’ working and rest times as required under Article 4:3 of the Arbeidstijdenwet.
Under Dutch law, employers must organise their administration so that authorities can verify compliance. In road transport, this includes retaining digital tachograph vehicle unit files (M-files) and driver card files (C-files).
Crucially, the court confirmed that the absence of records constitutes a violation, regardless of whether actual breaches of driving or rest-time limits are established.
Multiple infringements, not one administrative error
A central point of dispute was how the missing data should be classified. The company argued that the issue constituted a single administrative shortcoming. The Minister of Infrastructure and Water Management treated the missing records as multiple infringements, which significantly increased the total fine.
The Raad van State sided with the authorities, confirming that the administration failures could be assessed as separate violations under the applicable penalty framework.
This interpretation allowed the cumulative fine to reach €83,000.
Fine reduced due to delay, not substance
The original fine of €83,000 was imposed in April 2021. After legal challenges, the District Court of Oost-Brabant ruled in May 2024 that the overall length of the proceedings exceeded the “reasonable time” requirement under Article 6 of the European Convention on Human Rights.
As a result, the fine was reduced to €66,400.
However, the substance of the violation was not questioned. In its final ruling, the Raad van State confirmed:
- the breach of the Working Hours Act,
- the validity of treating the missing records as multiple infringements,
- and the proportionality of the reduced fine.
The appeal was dismissed.
