Driving without the driver card in the vehicle’s tachograph: Court of Justice clarifies scope of offence and limits to cross-border penalisation
The Court of Justice has handed down its judgment in Ministère public (Sanctions extraterritoriales) (C-906/19), a preliminary ruling requested by the French Court of Cassation concerning the interpretation of the road transport Regulations 561/2006 and 3821/85 when it comes to the cross-border penalisation and prosecution of the offence of driving in a Member State without the driver card in the vehicle’s tachograph.
The case concerns a roadside check in France of a coach operated by a transport undertaking having its registered office in Germany. The driver was found to have driven in Germany without the driver card having been inserted in the vehicle’s tachograph. The managing director of the undertaking was subsequently prosec