Everything starts from the community legislation which, with the Regulations (EC) n. 561/2006, and (EU) no. 165/2014, which dictate rules on driving and rest times of vehicle drivers as well as on the characteristics and correct use of tachograph equipment establishes, among other things, that transport companies are responsible for the infringements committed by their respective drivers, but member states can make this liability subject to the infringement of the obligations imposed on the same companies (training, information, monitoring and planning). Subsequently, Decree 215 of 12/12/2016 establishes that the company must provide the driver with:
An in-depth analysis of the activity carried out by him: it is expected that this communication must be made, at the latest, every 90 days.
A job description for the employee which highlights the instructions about the rules of conduct that the driver must comply with. The following document is valid for the company only. The course must have a minimum duration of 8 hours, but is left free for a longer duration.
At the end of the course, the participation certificate will be issued, which is valid for a maximum period of five years from the date of its issue.
The DMS, in the interest of the company and with a view to educating and training any non-precise drivers, carries out a continuous and punctual check on all the contracted drivers regarding their management of driving and rest times, should any infringements be found , the DMS Consultant (If authorized by the Customer) informs the Driver of the offense committed by informing him of the methods in which it was committed. In addition, for the compliance by the company the same consultant D.M.S. draws up a monthly report (infringement letter) for each Driver and forwards it by email to the person in charge of the company who will take care to notify their Drivers, keeping a copy of the report countersigned by the driver for at least 12 months.
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The D.M.S., carries out a check on all possible types of infringements, if Very Serious infringements are found, committed by a Driver, the consultant D.M.S. make a report informing the person in charge of the company. Who will have to take the appropriate measures where the conduct of the Drivers continues to be irresponsible. Keeping very serious infringements monitored is essential for the company to avoid the risk of "Loss of good repute" by the competent bodies, more precisely the suspension for the company of its work license
The D.M.S., on its platform, provides multiple Consultants with the widest knowledge in Technical and Legislative matters. The contracted company will be provided with a landline telephone number, a mobile phone number of the Consultant (which is assigned to him) and an e-mail address where he can submit all the questions he needs.
The D.M.S., offers its customers a personalized reporting service, all that is possible to obtain from the Tachograph and Driver DDD Files, we will be happy to provide according to the cadenced needs that are requested of us. Reports are already available for the reimbursement of excise duties, driving hours, work, availability and rest of each driver.
The Ministerial Decree, aware of the difficulty of technical evaluation by companies on any reports raised to their drivers or raised to the company itself, provides a pool of highly qualified personnel for contracted customers. The company may forward to the D.M.S. all the minutes relating to the 561/2006 regulation (Driving and rest times), the staff of the D.M.S. will evaluate the correctness of the accused articles as well as the veracity of the disputed by the competent bodies, crossing such infringements with the content of the DDD files in our possession. As soon as everything is done, the Consultant of the D.M.S. will send a report to the person in charge of the company communicating, a report clearly containing, the outcome of the check, if the details to make an appeal are found, they will be attached: the reports showing the non-correspondence of high infringements on the minutes and files DDD certificates, and consequently Legal, where the non-conformities of the high infringements to the company were found. The evaluation of how to proceed with our communication remains at the sole discretion of the company.
The Ministerial Decree, on behalf of the company, checks the DDD files of the tachograph, any driving periods without a Driver card will be communicated to the person in charge of the company who will take the necessary measures.
