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Disagree with Received Fines from Tachograph Errors? File an Objection!

How to appeal a tachograph fine after a lorry driver infringement

Tachograph fines

The IL&T or Inspection SZW can issue fines without involvement of the Public Prosecutor's Office for violations of working, rest, and driving times. Do you disagree with the fine? Then you can file an objection, starting with a statement of view!

Timeline: Up to 6 weeks after inspection report > Provisional fine notice > statement of view (4 weeks + extra 4 weeks) > Fine notice + payment period (6 weeks) > objection (6 weeks) > IL&T decision (6 weeks) > court (6 weeks) > court decision.

Filing a Statement of View

When an inspector determines you are in violation, you receive a fine notice with the intention to impose a fine. As the violator, you can submit your statement of view within 2 or 4 weeks. In this statement, you can indicate your position on the situation, what has already been done to prevent violations, or provide evidence of improvement. If you need more time, you must request it in advance (then you get 4 extra weeks).

Inspection Decision

After submitting the statement of view, the IL&T must respond within 6 weeks. They reach a final decision (ruling): dismiss or impose fine. If a fine is imposed: always pay within the payment period. If you do not pay, reminder amounts follow that cannot be recovered. Contesting is at your own risk.

Filing an Objection

If you disagree with the fine, you have 6 weeks from the date issued to lodge an objection. After the objection period, the fine becomes final.

Hearing

After filing your objection, you will receive a confirmation of receipt and an invitation to a hearing. Upon receipt of the objection, the inspection has 6 weeks to reach a decision. The court decision determines whether the fine is withdrawn and whether the amount is refunded.

Appeal

If you disagree with the decision on your objection, you can appeal to the administrative court. You are not required to hire a lawyer, but legal advice is available through Roadsoft's partner.

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