This service is for transport operators, fleet managers and drivers who received an ISCTR contravention minute related to tachograph use, downloads, records, driving/rest time rules or related control findings. The first practical step is to send the minute and annexes plus a short timeline (vehicle, route, people, dates) so we can map deadlines and procedural options.
The information is general and does not replace legal advice. Facts, documents and timeline matter.
When you typically need this
- You were fined for alleged tachograph breaches (missing records, incorrect use, download/archiving issues, device problems).
- The control concerns driving time, breaks or daily/weekly rest compliance.
- You need to verify whether the facts recorded by the inspectors match data and documentation.
- Multiple vehicles and drivers are involved and responsibilities must be clarified (operator vs driver vs transport manager).
- The minute mentions repeat offences or cumulative findings and you need a structured response.
- You have cross-border operations and need alignment with EU rules (tachograph and driving-time legislation).
- There are follow-up risks for licensing/compliance and you want to reduce repeat exposure.
- You need coordination between internal compliance measures and litigation steps.
What we do, step by step
- Fast framing: what the minute alleges, who is sanctioned, and what deadlines apply (including proof of service).
- Data & documents map: tachograph files/printouts, downloads, certificates, driver cards and relevant company records.
- Timeline check: trip details, duties, events (loading/unloading, border points) and documentation supporting them.
- Legal assessment: competence, legal basis, factual description, proportionality and typical contestation angles.
- Drafting and filing the contravention complaint/appeal with evidence attachments and clear argument structure.
- Group/fleet coordination: aligning operator and driver positions to avoid contradictions in court.
- Court phase support: follow-up filings, hearing preparation and responses to court requests.
- Compliance roadmap: practical internal steps to reduce future sanction exposure (without outcome guarantees).
Useful documents & information for the first assessment
| Document | Why it matters | Notes |
|---|---|---|
| ISCTR contravention minute + annexes | Core facts, legal basis, sanctioned party, deadlines and measures | Send full copy and service proof if available |
| Tachograph data/printouts for the relevant period | Primary evidence for driving/rest time and device use compliance | Keep original files and logs; avoid editing |
| Driver card data and downloads archive | Shows what was recorded and what was stored | Provide the time window around the alleged breaches |
| Vehicle documents and tachograph calibration/inspection records | Supports technical compliance and device status | Include certificates, workshop documents and dates |
| Transport documents (CMR, delivery notes, orders) | Corroborates routes, duties and timing | Useful to verify events against recorded times |
| Company procedures and training records (if any) | Relevant for responsibility allocation and compliance narrative | Especially in multi-driver or multi-vehicle cases |
| Short timeline (1–2 pages) | Organises facts for the appeal and court explanations | Who, when, where, vehicle, route, key events |
Risks & common mistakes
- Missing the legal deadline for the complaint because service date was not verified.
- Sending incomplete tachograph data or missing the relevant time window.
- Overlooking who is legally responsible for which obligation (operator vs driver vs transport manager).
- Providing inconsistent explanations between driver and operator in fleet/group cases.
- Failing to preserve original files and logs, making later verification difficult.
- Ignoring EU rule context and relying only on informal summaries.
- Using generic templates that do not address the specific findings recorded by ISCTR.
FAQ
What is the deadline to challenge an ISCTR contravention minute?
The deadline depends on the contravention framework and on how the act was served; the practical step is to confirm the service date and count days accordingly.
Can the operator challenge a fine issued to a driver (or vice versa)?
Standing and responsibility depend on who is sanctioned in the minute and on the legal basis; group cases often require coordinated positions and evidence.
What evidence is most useful for tachograph and driving-time cases?
Tachograph and driver-card data, printouts, download archives and transport documents are typically the core; a short timeline helps connect documents to events.
How do EU rules affect Romanian ISCTR controls?
Driving/rest times and tachograph obligations are largely regulated by EU instruments; national rules also matter for enforcement and procedures, so both levels should be checked.
What if the minute records facts that do not match the data?
Inconsistencies can be challenged by presenting the relevant data sets and documents, with a coherent timeline; the aim is to show verifiable contradictions.
Can you also help with a compliance plan after a sanction?
Yes, the litigation steps can be paired with practical internal measures (procedures, training, archiving routines) to reduce repeated sanction exposure.
Contact
For a first assessment, send the ISCTR minute and annexes plus the core tachograph data for the relevant period and a short timeline. You will receive an outline of reasonable next steps and procedural options.
Relevant internal links
Sources
- Romania: Government Ordinance no. 2/2001 on the legal regime of contraventions (legislatie.just.ro)
- Romania: Government Ordinance no. 26/2011 establishing ISCTR (legislatie.just.ro)
- Romania: Government Ordinance no. 27/2011 on road transport (legislatie.just.ro)
- Regulation (EC) No 561/2006 on driving times and rest periods (EUR-Lex, consolidated)
- Regulation (EU) No 165/2014 on tachographs in road transport (EUR-Lex, consolidated)
- ISCTR: legislation page (isctr-mt.ro)