Company Liability for Driver Infringements

Chapter 1: Legal Framework for Liability in Transport

The legal basis underpinning corporate liability in the European context is found in national transport laws aligned with EU regulations. The law establishes that administrative responsibility for non-compliance with transport rules falls on the natural or legal person holding the transport authorization.

1.1. The Dependency Relationship and Duty of Vigilance

Jurisprudence has consolidated that the employer has a "duty of care" (in vigilando). This means that providing verbal instructions is not enough; the company must implement active control systems. If a driver exceeds driving times, the administration assumes that the company has not organized the work adequately to allow for legal compliance.

1.2. The Mobility Package and Joint Liability

Since the latest European directives came into force, the concept of liability has also extended to loaders and forwarders in certain scenarios, but the core of tachograph-related sanctions still falls on the carrier. The company must demonstrate that it has provided regular training and performed audits on the .DDD file to attempt to exonerate itself or mitigate the sanction.

Chapter 2: Types of Infringements and Their Attribution

Not all infringements are treated equally. In 2026, the infringement classification system clearly distinguishes between those that are purely operational and those derived from corporate management.

2.1. Driving and Rest Time Infringements

This is the most common group. If a driver takes a daily rest of 7 hours instead of 9 or 11, the sanction is directed at the company. The administration understands that the driver is under the orders of a traffic manager who must know the driver's location and status in real-time through the mandatory telematics systems in new vehicles.

2.2. Tachograph Manipulation Infringements

In this case, liability is absolute. If a manipulation device (magnet, altered software, or GNSS signal interruption) is detected, the sanction can reach €4,001 or more depending on the jurisdiction. In addition to the financial penalty, this leads to the automatic loss of the company's "Good Repute," which may result in the suspension of the Community License.

Chapter 3: How the Company Can Exonerate Itself from Liability

Is it possible for the company not to pay for a driver's error? The short answer is: it is very difficult, but not impossible. The legal framework provides a small window for a legal defense.

3.1. Evidence of Training and Instruction

To defend itself, the company must provide documentary evidence that the driver received specific training on tachograph use and Regulation (EC) 561/2006. A 10-year-old diploma is insufficient; annual updates or evidence of CPC (Periodic Training) are required.

3.2. The Labor Disciplinary Regime

The company must show that, following previous infringements detected in periodic downloads, it has taken disciplinary measures (written warnings, suspensions, etc.). If the company downloads the data, sees the infringements, and takes no action, it becomes an administrative accomplice by omission.

Chapter 4: The Company Risk Rating (ERRU)

In 2026, enforcement is no longer just random roadside checks. The ERRU (European Register of Road Transport Undertakings) system calculates a risk rating for each company based on infringements committed by its drivers across the European Union.

4.1. The Transport Company Traffic Light

Companies are classified into colors (Green, Amber, Red). A company whose drivers commit infringements recurrently will turn "Red," meaning it will be prioritized for exhaustive office inspections and remote DSRC checks.

4.2. Consequences of a High Risk Rating

A high risk rating prevents access to public tenders, makes it difficult to obtain fleet insurance at competitive prices, and ultimately triggers the procedure for losing the transport manager's good repute.

Chapter 5: Smart Tachograph V2 as a Control Tool

Technology is not just a source of fines, but also the company's best defense. With version 2 of the smart tachograph, the company has more precise data to monitor activity.

5.1. Automatic Border Registration

One major area of liability was the driver forgetting to record border crossings. Now, being automatic via GNSS, the company drastically reduces the risk of sanctions for this reason, provided the equipment is correctly calibrated.

5.2. Preventive Audit of DDD Files

The company has a legal obligation to download driver card data every 28 days. Using analysis software like TachoTools allows for the detection of infringements before an inspection occurs, enabling behavior correction and documentation of corporate diligence.

Chapter 6: Frequently Asked Questions on Liability