A married couple fined for swapping driver's cards to avoid taking breaks.
Road freight transport moved more than 1.6 billion tons last year in Spain. Therefore, due to the importance of this sector, professional drivers involved must have a digital card that monitors their hours behind the wheel of their transport vehicles and also reflects mandatory rest periods.
For this reason, the Civil Guard's Traffic Unit conducts preventive checks on these drivers to ensure they comply with the regulations, and sometimes encounters surprises. This is the case of a couple from León who were caught in February by the Civil Guard driving with their digital driver cards swapped , all with the aim of avoiding breaks and increasing their hours behind the wheel.
What punishment can the marriage receive?The Traffic Investigation and Analysis Group (GIAT) of Galicia is investigating them as alleged perpetrators of a crime of document falsification classified in Chapter II "document falsifications" of the Spanish Penal Code , and more specifically, in "Section 1. Forgery of public, official and commercial documents."
Therefore, Article 392 states that "any individual who commits any of the falsifications described in the first three paragraphs of Section 1 of Article 390 in a public, official, or commercial document shall be punished with imprisonment of six months to three years and a fine of six to twelve months." In this case, violating the first paragraph of Article 390 : "Altering a document in any of its essential elements or requirements."
What other penalties can they face?
On the other hand, the Land Transport Regulation Act and its Regulations consider the couple's behaviour to be a very serious offence , as they did not have "the corresponding driver's record sheet or card inserted in the tachograph, when required, have a record sheet inserted without having noted the driver's name and surname or have the corresponding record sheets or cards inserted for another driver".
For such acts, they could face fines ranging from 2,001 to 6,000 euros . In short, the Civil Guard has reminded drivers that the digital driver's card is a personal electronic document and can only be used by its holder.
The Certificate of Professional Aptitude (CAP) is a mandatory document for all individuals working as professional drivers of vehicles used for the transport of goods or passengers, both in Spain and in any other European Union country . In other words, any truck, bus, or trailer driver who receives a salary for this activity must have this certificate.
The CAP certifies that drivers have completed the necessary training to perform their job safely, efficiently, and in compliance with current European regulations. Ultimately, it is mandatory for drivers of professional road transport vehicles who require category C1, C, D, and their respective combinations with +E.
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