Spanish law enforcement penalises drivers for the lack of proof of business despite the fact that it is not mandatory.
Spanish transport website cadenadesuministro.es reported that in Spain not having the proof of business in the vehicle cabin is penalised despite the fact that in the middle of last year both the European Commission and the Spanish Ministry of Transport officially confirmed that this document is not mandatory.
As cadenadesuministro.es reports that in spite of this Spanish law enforcement uses a loophole which allows to penalise drivers for not having the document with fines in the amount of EUR 1001.
The website informs that in many fines issued lately the justification was “the lack of proof of business”. Therefore, transport associations advise drivers to carry the document if they want to avoid fines.
Translawyers law firm comment:
The proof of business is not required only when the driver’s business can be registered using a tachograph or when they can manually apply corrections on the record sheet in the case of analogue tachograph or by entering the data on the driver sheet using a device for manually inputting data in the case of digital tachograph.
It is based on art. 34 paragraph 3 of the EUROPEAN PARLIAMENT AND OF THE COUNCIL No. 165/2014 of 4 February 2014. This means that the lack of proof of business will be penalised with a fine if the tachograph is not registering the activities of a driver and they did not apply these corrections in the above-mentioned way” – says Natalia Wojciechowska from TransLawyers Widuch i Wspólnicy law firm.”
Photo: Mercedes-Benz
