Company Liability for Driver Infringements
2026 Legal-Technical Analysis: Delimitation of guilt, presumption of strict liability, and safeguarding the Good Repute Index (IRIE) under transport law.
Who pays the fine if the driver violates tachograph rules?
The legal answer in 2026 is clear: Administrative liability falls entirely on the company holding the transport license.
In the transport sector, there is no "presumption of innocence" for the employer regarding driving hour excesses or insufficient rest. Authorities apply the principle of strict liability. This means that if your driver commits a violation, the fine will be issued to you as a company. The only way to avoid or mitigate the sanction is to demonstrate **Due Diligence**: evidence of training, periodic downloads of .DDD files, and a history of internal disciplinary actions against the infringing driver. Without a digital audit, the company is always held liable.
Critical Note: A single "Very Serious" infringement by a driver can trigger the loss of the company's "Good Repute," leading to the revocation of the Community License.
Chapter 1: The Principle of Strict Liability in Transport Law
Modern transport regulations establish a liability framework that breaks away from common criminal law logic. In transport, guilt is not strictly personal to the perpetrator (the driver) but is transferred to the owner of the economic operation.
In 2026, under updated international standards, this liability is fortified. It is considered that the employer organizes the work, assigns routes, and exercises management power. Therefore, any non-compliance with driving and rest times is presumed to stem from poor business planning or a lack of effective supervision.
1.1. The 'Duty of Vigilance' of the Transport Manager
The Transport Manager is not just an administrative figure; they are the legal guarantor of compliance. Supreme Court rulings have confirmed that the company has an obligation to monitor daily activity. With the Smart Tachograph V2, this vigilance must be proactive: it is no longer enough to claim ignorance, as remote download systems allow for real-time detection of infringements.
Chapter 2: IRIE Risk and Good Repute
Beyond the financial amount of the fine, which can range from €100 to €4,001 depending on the sanctions scale, the existential risk is the **Infringement Repetition Index (IRIE)**.
| Driver Infringement | Legal Classification | Consequence for the Company |
|---|---|---|
| Daily driving excess > 20% | Very Serious | Immediate loss of good repute (Red IRIE). |
| Lack of daily rest | Serious | Accumulation of 3 MSI = Initiation of license revocation process. |
| Country entry error | Minor | Economic impact and increased probability of future inspections. |
Chapter 3: How can the company exonerate itself?
Transport laws allow a company to attempt to distance itself from the sanction if it provides irrefutable proof that the infringement was committed deliberately by the driver against the express orders of the employer. For an appeal to succeed in 2026, it must be based on three pillars:
- Training Plan: Certificates proving the driver was specifically instructed on using the activity selector.
- Data Audit: Evidence that the company downloads data every 28 days and issues infringement reports to staff.
- Disciplinary Regime: Copies of signed warnings or suspension notices previously imposed for similar incidents.
Chapter 4: Tampering and Criminal Offenses
There is a specific scenario where liability escalates to criminal law: physical or electronic tampering with the device. If a magnet or software alteration is detected, the administrative fine is **€4,001**, but the driver and the company administrator may face prison sentences ranging from 6 months to 3 years for falsification of public documents.
Consult our guide on tachograph tampering to understand why 2026 authorities consider the employer a "necessary cooperator" in these frauds if they lack a forensic control system for their files.
Chapter 5: The Role of the Mobility Package and Return to Base
In 2026, the company is responsible for organizing work so that the driver returns to their operational center or home every 4 weeks. Failure to record this return is sanctioned as a Very Serious infringement. The only way to prove compliance is through mass analysis of vehicle files (.TGD), cross-referencing automatic V2 tachograph GNSS positions with traffic planning.
Our Vision: Life Insurance for Your License
As specialists in transport legality, our opinion is clear: **Data downloading is not a formality; it is a defense.** Most companies that lose their good repute do so not because they encourage drivers to violate the law, but because they lack the tools to prove they tried to prevent it.
Our recommendation: Do not settle for just saving .DDD files in a folder. Use a preventive audit system that alerts you to driver infringements the same day they occur. Issuing a timely warning is the only legal "vaccine" against a headquarters inspection. Remember that in a transport inspection, the inspector is not looking for a culprit, but for a company that does not control its activity.
Can I pass the fine on to the driver?
Legally, no. Laws prohibit drivers from paying administrative fines issued to the company. However, you may impose labor sanctions or claim damages in civil court if intent is proven.
Prevention Protocol
Perform weekly downloads. Detecting a non-compliance pattern in the first week saves you an accumulated fine of €2,000 by the end of the month.
This manual is periodically updated with European Court rulings and DGT circulars. At TachoTools, we work so your data becomes your best lawyer.
Risk Management
Monitoring Software
View Fleet PlansCompatible with all remote download systems.
Is your company protected from driver errors?
TachoTools generates the monitoring reports that judges require to exempt companies from strict liability.
Audit My Good Repute for Free