Employer Liability in Tachograph Sanctions

2026 Defense Protocol: How to protect company repute and ERRU rating against strict liability for driver infringements under EU law.

Proactive Defense Consulting

Who is legally responsible if a driver commits an infringement?

Under current Transport Law, liability is strict (objective): it falls directly on the transport license holder, regardless of who made the error behind the wheel. The regulation establishes the employer as the guarantor of the legality of the activity. In 2026, the only way to seek exoneration is by proving Due Diligence: documented evidence of training, disciplinary warnings following the analysis of .DDD files, and route organization that does not induce non-compliance.

Chapter 1: The Risk of Losing "Good Repute"

The financial penalty is only the first step. The critical danger for any fleet in 2026 is the ERRU (European Register of Road Transport Undertakings) scoring system. Every sanction affects the company's Infringement Risk Rating:

Offence Severity EU Acronym 2026 License Impact
Very Serious (VSI) VSI Immediate loss of Good Repute
Most Serious (MSI) MSI 3 MSI offences = 1 VSI offence
Serious (SI) SI Financial and cumulative impact

Chapter 2: Due Diligence as a Legal Shield

To successfully appeal a tachograph fine, the company must provide three types of forensic evidence proving the infringement was contrary to their management's will:

  • Evidence of Organization: Proof that assigned routes and loading times allow for compliance with mandatory daily and weekly rests.
  • Evidence of Training: Signed documents where the driver acknowledges understanding the use of the activity selector and driving time rules.
  • Evidence of Control: Periodic audit reports of the .DDD files accompanied by disciplinary warnings for any previously detected faults.

Chapter 3: Liability in Passenger and ADR Transport

In the bus sector and the transport of dangerous goods, liability is even more stringent. Failure to comply with the 12-day rule for passengers or availability records in international coach transport can automatically trigger Labor Inspection audits to review compliance with collective agreements and night-shift bonuses.

Management FAQ

Not directly. Labor legislation prohibits "fines on earnings." The company must pay the sanction to the Administration. Subsequently, if willful misconduct or gross negligence by the worker is proven, the company can initiate a claim for damages through civil/labor courts, but never deduct the amount directly from the paycheck without judicial or collective agreement authorization.

Only in exceptional cases where recording data on the tachograph was technically impossible. With Smart Tachograph G2, manual entries are the preferred evidence. An excess of activity certificates during a company inspection is often interpreted as a lack of control or attempted record manipulation.

TachoTools Analysis: Tachograph as Insurance

The average transport entrepreneur focuses on fuel costs, forgetting that the greatest financial risk to their fleet lies in **unattended tachograph management**.

Our Recommendation: Use forensic audit software to analyze your data weekly. Do not view it as a chore; it is life insurance for your good repute. Detecting a pattern of infringements and failing to issue a written warning is tacitly accepting the future bankruptcy of your company during the next inspection.

Control Center
ERRU Rating Audit

Audit your fleet's risk of losing Good Repute now.

ANALYZE .DDD FILES
Defense Documentation
Due Diligence

TachoTools generates the forensic reports that serve as proof of control for government authorities.

Is your repute protected?

Don't leave your company to chance. Audit your records and prove due diligence today.

View Fleet Plans