To ensure the safety of drivers as mobile workers, protect their social rights, and provide equal conditions for fair competition, the tachograph was introduced into commercial freight vehicles as a device for monitoring and recording drivers' working activities. The first tachographs were entirely analogue. Subsequent technological developments enabled the introduction of the digital tachograph, followed by the implementation of the first- and second-generation smart tachographs.
Within the European Union, the recording of drivers' activities has been harmonised with regard to driving times, breaks, rest periods, and the downloading of data from driver cards and tachographs. However, the recording of working time is regulated by the national legislation of each Member State.
Transport companies use specialised software to process the digital records of drivers' activities stored in tachographs and driver cards, generating the required records of drivers' working time and activities.
This thesis presents the perspective of enforcement by supervisory authorities and examines how infringements of the applicable regulations affect the good repute of transport undertakings, potentially leading to the loss of good repute and, consequently, the withdrawal of the licence to operate road transport services. Due to the known cases of non-compliance with the rules governing the posting of drivers in the road transport sector, this thesis also outlines the obligations of transport companies and drivers towards the countries in which drivers are considered posted workers, as well as the obligations of transport undertakings concerning the remuneration of drivers during the posting period.
|