S.L. 65.19 Art. 31Liability of transport undertakings.

(1) A transport undertaking shall not give drivers it employs or who are put at its disposal any payment, even in the form of a bonus or wage supplement, related to distances travelled and, or the amount of goods carried if that payment is of such a kind as to endanger road safety and, or encourages infringement of these regulations.

(2) A transport undertaking shall be liable, unless proved otherwise, for infringements committed by a driver of the undertaking, even if the infringement is committed on the territory of another Member State or of a third country: Provided that the contravention was not due to an unavoidable delay in the completion of a journey arising out of circumstances which the undertaking could not reasonably have forseen, or the contravention was not due to the fact that the driver had for any particular period or periods driven or been on duty otherwise than in the employment of that undertaking.

(3) Transport undertakings shall ensure that -

(i) all data is downloaded from the vehicle’s recording equipment at least every three months and from the driver card at least every twenty-eight days;

(ii) all data downloaded from both the vehicle’s recording equipment and from the driver card is kept for at least twelve months following recording and, should an inspecting officer request it, such data shall be accessible, either directly or remotely, from the premises of the undertaking.

(4) Undertakings, consignors, freight forwarders, principal contractors, subcontractors and driver employment agencies shall ensure that contractually agreed transport time schedules respect these regulations.