A memorandum from the Swedish government is proposing changes to the regulations for road transport companies regarding driving and rest times, as well as tachograph rules. The key proposed changes include:
- Warnings instead of fines: in cases of minor violations, transport companies would receive a warning rather than a fine, provided the violation is not severe and the company has a good record. This aims to help businesses better understand and comply with the regulations.
- Changes in liability rules: due to recent changes in EU regulations, there are proposed adjustments to the liability rules for drivers and companies, particularly concerning rest periods for drivers in occasional passenger transport.
- Fines for tachograph violations abroad: the proposal introduces fines for violations of EU tachograph regulations committed in other EEA states or Switzerland.
- Removal of tachograph card requirement from Swedish law: the memorandum proposes to remove the requirement in Swedish law that drivers of vehicles equipped with digital tachographs must hold a tachograph card. This change is proposed because the EU regulation on tachographs already specifies when a tachograph card should be used, making the Swedish requirement redundant.
The planned warning system is designed to be more flexible and supportive to companies who are generally compliant with the regulations but may occasionally make mistakes. It aims to replace fines in certain situations, giving businesses a chance to rectify minor issues before facing financial penalties.
The proposed changes are intended to come into effect on February 1, 2025.
Which infringements could be subject to warnings instead of fines?
The memorandum proposes that a warning, rather than a fine, should be issued if it’s deemed a sufficient response to the violation, considering its severity and other circumstances.
However, a warning would not be considered sufficient in the following cases:
- If the company has previously been warned or fined for a similar offence within the past four years.
- If there are a large number of violations.
- If the violation seems to be part of a systematic disregard for the rules, an attempt to circumvent them, or a significant obstruction to inspection.
- If the violation is typically dangerous for road safety or indicates poor working conditions for drivers.
The warning system would apply only to fines imposed on the haulier (the transport company), not the driver. It would cover violations of both driving and rest time rules and tachograph regulations.
Importantly, it would also apply to foreign lorries and hauliers operating within Sweden.
How would warnings be given?
The warning would be issued by the Swedish Transport Agency during their company inspections. If a violation is found, the agency would assess whether a warning is sufficient or if a fine is necessary. Even if a fine is initially considered, it could be reduced or waived entirely based on the specific circumstances.
What about roadside checks?
The proposed warning system would not apply to roadside checks of tachographs.
The warning system is specifically designed for company inspections conducted by the Swedish Transport Agency. Roadside checks, on the other hand, are typically conducted by the police and focus on the driver’s compliance with the regulations.
During a roadside check, the police cannot issue a warning instead of a fine to a foreign haulier. The memorandum explains that if a foreign haulier is found to be in breach of the regulations during such an inspection, the police will still issue a fine. However, when the case is later reviewed by the Swedish Transport Administration, it will assess whether a warning would be more appropriate than a fine. If so, the fine will be refunded to the foreign haulier.