COUNCIL OFBrussels, 8 November 2011
THE EUROPEAN UNION
TRANS 299 CODEC 1919 -
General Secretariat of the Council
No. prev. doc.: 15718/11 TRANS 278 CODEC 1723
No. Cion prop.: 13195/11 TRANS 222 CODEC 1274
Proposal for a Regulation of the European Parliament and of the Council amending Council Regulation (EEC) No 3821/85 on recording equipment in road transport and amending Regulation (EC) No 561/2006 of the European Parliament and the Council
Delegations will find in the Annex to this note a revised document containing Presidency's
Proposal for a
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
amending Council Regulation (EEC) No 3821/85 on recording equipment in road transport
and amending Regulation (EC) No 561/2006 of the European Parliament and the Council
(Text with EEA relevance)
Council Regulation (EEC) No 3821/85 is amended as follows:
Principles and scope -
Subject matter and principle
This Regulation sets out requirements for the construction, installation, use and testing of recording
equipment used in road transport to control compliance with Regulation (EC) No 561/2006,
Recording equipment shall, as regards construction, installation, use and testing, comply with the
requirements of this Regulation.
1.For the purposes of this Regulation the definitions set out in Article 4 of Regulation (EC) No
2.In addition to the definitions referred to in paragraph 1, for the purposes of this Regulation:
(a) `recording equipment' means the equipment intended for installation in road vehicles to
display, record, print, store and output automatically or semi-automatically details of the
movement of such vehicles and of certain work periods of activity of their drivers;
(b) `vehicle unit' means the recording equipment excluding the motion sensor and the
cables connecting the motion sensor. The vehicle unit may be a single unit or several
units distributed in the vehicle, provided that it complies with the security requirements
of this Regulation;
(c) `motion sensor' means part of the recording equipment, providing a signal
representative of vehicle speed and/or distance travelled;
(d) `tachograph card' means a smart card intended for use with the recording equipment
which allows identification by the recording equipment of the role of the cardholder and
data transfer and storage;
(e) `record sheet' means a sheet designed to accept and retain recorded data, to be placed in
the recording equipment referred to in Annex I and on which the marking devices of the
(g) `control card' means a tachograph card issued by the authorities of a Member State to a
national competent control authority which identifies the control body and optionally
the control officer and allows access to the data stored in the data memory or in the
driver cards for reading, printing and/or downloading;
(h) `company card' means a tachograph card issued by the authorities of a Member State to
the owner or holder of road transport undertaking which operates vehicles fitted
with recording equipment which identifies the owner or holder and allows for the
displaying, downloading and printing of the data stored in the recording equipment
which has been locked by that owner or holder;
(i) `workshop card' means a tachograph card issued by the authorities of a Member State to
a recording equipment manufacturer, a fitter, a vehicle manufacturer or a workshop,
and their designated staff approved by that Member State which identifies the
cardholder and allows for the testing, calibration and/or downloading of the recording
(j) `daily work control period'4 means the period comprising the driving time, all other
periods of work, the periods of availability, breaks in work and those periods of rest
which do not exceeding nine hours. The starting of the daily control period
commences at the time when the driver activates the recording equipment
1.Recording equipment shall be installed and used in vehicles registered in a Member State
which are used for the carriage of passengers or goods by road falling within the scope of to
which Regulation (EC) No 561/2006 applies.5
2.Member States may exempt the vehicles mentioned in Articles 13(1) and 13(3) of
Regulation (EC) No 561/2006 from the application of this Regulation.
3.Member States may, after authorisation by the Commission, exempt from the application of
this Regulation vehicles used for the transport operations which have been granted an
exception referred to in Article 14(1) of Regulation (EC) No 561/2006.
Member States may exempt from application of this Regulation vehicles used for the transport
operations referred to in Article 14(2) of Regulation (EC) No 561/2006; they shall
immediately notify the Commission thereof.6
4.In the case of national transport operations, Member States may require the installation and
use of recording equipment in accordance with this Regulation in any of the vehicles for
Smart recording equipment
Recording of location data the starting and ending of the daily control period
1. Location data shall be recorded to allow the identification The position of the starting and
ending place of the daily work control period shall be recorded. For that purpose, vehicles
put into service registered7 for the first time [48 30 months after the entry into force of this
Regulation technical specifications as referred to in Article 6a] shall be fitted with
recording equipment connected to a global navigation satellite system (GNSS).
Any GNSS connection, as referred to in paragraph 1, shall exploit a positionning service
free of payment. No position data other than the data necessary for determining the
starting and ending points referred to in paragraph 1 shall be stored in the recording
The Commission shall be empowered to adopt delegated acts in accordance with Article 39
concerning the supplementing of Annex IB with the detailed technical specifications
Remote communication for control purposes early detection of possible manipulation or misuse
1.In order to facilitate targeted roadside checks by the competent control authorities, the
recording equipment installed in vehicles registered put into service for the first time [48 30
months after the entry into force of this Regulation technical specifications as referred to in
Article 6a] shall be able to communicate while the vehicle is in motion to those authorities.
Such commmunication shall comply with relevant international standards such as the
suite of standards related to Data Short Range Communication (DSRC) established by
the European Committee for Standardization.
1a. Member States may decide not to equip all or a part of their control authorities with the
remote early detection equipment needed to request the data communication referred to
in this Article as this equipment is not part of the mandatory control equipment listed in
the Directive 2006/22/EC.
2.The communication referred to in paragraph 1 shall be established with the recording
equipment only when so requested by the equipment of the control authorities. It shall be
secured to ensure data integrity and authentication of the recording and control equipment.
The access to the data communicated shall be restricted to enforcers authorized to
control infringements against Regulation 561/2006 and Regulation 3821/85.
- The latest security breach attempt
- The longest power supply interruption
- Sensor fault
- Motion data error
- Vehicle motion conflict
- Driving without an appropriate 8 card
- Card insertion while driving
- Time adjustment data
- Calibration data including the dates of the two latest calibrations
- Vehicle Registration Number
- Over speeding 9(to be transmitted only as an element potentially indicating a -
manipulation or misuse of the recording equipment)
4.The data exchanged shall be used for the sole purpose of controlling compliance with this
Regulation and Regulation (EC) No 561/2006.11 It shall not be transmitted to entities other
than control authorities controlling driving and rest periods or judicial bodies, in the
framework of an ongoing judicial procedure.
5.The data may only be stored by the control authorities for the duration of a roadside check,
and shall be deleted at the latest two three hours after its communication this has concluded
6.The owner or holder of transport undertaking which operates the vehicle shall be
responsible for informing the driver of the possibility of remote communication early
detection of possible manipulation or misuse of the recording equipment.
7.The competent control authority, on the basis of the data exchanged, may decide to carry out a
check on the vehicle and the recording equipment.
8.The Commission shall be empowered to adopt delegated acts in accordance with Article 39
concerning the supplementing of Annex IB with the detailed technical specifications
necessary to enable remote communication between the recording equipment and the
competent control authorities as set out in this Article.
Interface with Intelligent Transport Systems
1.The recording equipment referred to in Annex IB shall be interoperable with the intelligent
transport systems applications as defined in Article 4 of Directive 2010/40/EU of the
European Parliament and of the Council on the framework for the deployment of Intelligent
Transport Systems in the field of road transport and for interfaces with other modes of
(a) the interface does not affect the authenticity and the integrity of the data of the
(b) the interface complies with the specifications of Article 6a;
(c) the external device connected to the interface has access to personal data only after
the explicit consent of the driver to which the data relate.
Specifications of smart recording equipment
3.The Commission shall be empowered to adopt delegated acts in accordance with Article 39
concerning the supplementing of Annex IB with the following specifications: of the interface,
access rights and the list of data which may be accessed.
The format of position data recorded and the events used to determine, in
compairison with information related to daily rest periods of at least nine hours
and weekly rest periods, the closest geographical position of the starting and
ending of the daily control period12 and in accordance with Article 4, regarding:
- Introduction and withdrawal of the driver card
- Engine on/off
- Speed of the vehicle
- Total distance travelled by the vehicle
- Current position of the vehicle made available by the GNSS
- Current Universal Time Clock (UTC) date and time made available by the -
Vehicle Registration Number
1.Manufacturers or their agents shall submit an application for EU approval of a type of vehicle
unit, motion sensor, model record sheet or tachograph card to the type approval authorities
designated to that effect by each Member State.
2.Member States shall communicate to the Commission the name and contact details of the
authorities designated according to paragraph 1. The Commission shall publish the list of
designated type approval authorities on its website.
3.An application for type approval shall be accompanied by the appropriate specifications and
by the certificates referred to in Section VIII of Annex IB. The Commission shall appoint the
independent evaluators who will deliver the security certificate.13
4.No application in respect of any one type of vehicle unit, motion sensor, model record sheet
Granting of type approval
A Member State shall grant EU component type approval to any type of vehicle unit, motion sensor,
model record sheet or tachograph card which complies with the requirements laid down in Annexes
I or IB, provided the Member State is in a position to check that production models conform to the
Any modifications or additions to an approved model must receive additional EU type approval
from the Member State which granted the original EU type approval.
Type approval mark
Member States shall issue to the applicant an EU type approval mark conforming to the model in
Annex II, for each type of vehicle unit, motion sensor, model record sheet or tachograph card which
they approve pursuant to Article 8.
Compliance of equipment with type approval
1.If a Member State which has granted EU type-approval as provided for in Article 8 finds that
any vehicle units, motion sensors, record sheets or tachograph cards bearing the EU type-
approval mark issued by it do not conform to the prototype which it has approved, it shall take
the necessary measures to ensure that production models conform to the approved prototype.
The measures taken may, if necessary, extend to withdrawal of EU type approval.
2.A Member State which has granted EU type approval shall withdraw such approval if the
vehicle unit, motion sensor, record sheet or tachograph card which has been approved is not in
conformity with this Regulation or displays any general defect during use which makes it
unsuitable for the purpose for which it is intended.
3.If a Member State which has granted EU type approval is notified by another Member State
of one of the cases referred to in paragraphs 1 and 2, it shall, after consulting the latter
Member State, take the steps laid down in those paragraphs, subject to paragraph 5.
4.A Member State which ascertains that one of the cases referred to in paragraph 2 has arisen,
may forbid until further notice the placing on the market and putting into service of the
5.If a Member State which has granted an EU type approval disputes the existence of any of the
cases specified in paragraphs 1 or 2 notified to it, the Member States concerned shall
endeavour to settle the dispute and the Commission shall be kept informed.
If talks between the Member States have not resulted in agreement within four months of the
date of the notification referred to in paragraph 3, the Commission, after consulting experts
from all Member States and having considered all the relevant factors, such as economic and
technical factors, shall within six months of the expiry of that four month period adopt a
decision which shall be notified to the Member States concerned and communicated at the
same time to the other Member States. The Commission shall in each case lay down the time
limit for implementation of its decision.
Approval of record sheets
1.An applicant for EU type approval of a model record sheet shall state on theapplication the
type or types of recording equipment referred to in Annex I on which the sheet in question is
designed to be used and shall provide suitable equipment of such type or types for the purpose
of testing the sheet.
Justification of refusal decisions
All decisions pursuant to this Regulation refusing or withdrawing approval of a type of vehicle unit,
motion sensor, model record sheet or tachograph card shall specify in detail the reasons on which
they are based. A decision shall be communicated to the party concerned, who shall at the same
time be informed of the remedies available to him under the laws of the Member States and of the
time limits for the exercise of such remedies.
Recognition of type-approved recording equipment
No Member State may refuse to register any vehicle fitted with recording equipment, or prohibit the
entry into service or use of such vehicle for any reason connected with the fact that the vehicle is
fitted with such equipment, if the equipment bears the EU type approval mark referred to in Article
9 and the installation plaque referred to in Article 17(4).
3. For the purpose of paragraph 1, independent evaluators14 shall conduct penetration tests on
vehicle units, motion sensors and tachograph cards to confirm that known vulnerabilities
cannot be exploited by individuals in possession of publicly available knowledge. When the
test fails the security certificate shall not be delivered.15
4. If in the course of tests as referred to in paragraphs 1 and 3, vulnerabilities in vehicle
units, motion sensors and tachograph cards are detected, the recording equipment may
not be put on the market. In such cases, the Member State which has granted the type-
approval shall withdraw it, in accordance with Article 11, paragraph 2. In case of very
serious vulnerabilities, if the recording equipment has already been put on the market,
the manufacturer shall take all the necessary measures to replace the defective
recording equipment in vehicles already in use. -
1.Member States may authorise field tests of recording equipment which has not yet been type
approved. Member States shall mutually recognise authorisations for field tests granted by
one Member State.
3.The Commission may adopt implementing acts to lay down the procedures to be followed for
carrying out field tests and the forms to be used in order to monitor these field tests. Those
implementing acts shall be adopted in accordance with the advisory procedure referred to in
Installation and inspection
Installation and repair
1.Recording equipment may be installed or repaired only by fitters, or workshops or vehicle
manufacturers approved by the competent authorities of the Member States for that purpose
in conformity with Article 19 .
2.Fitters or workshops shall seal the recording equipment after having verified that it is
functioning properly, and in particular that no manipulation device can tamper with or alter
the data recorded.
3.The approved fitter or workshop shall place a special mark on the seals which it affixes and,
in addition, for the recording equipment referred to in Annex IB, shall enter the electronic
security data for carrying out the authentication checks. The competent authorities of each
Member State shall send to the Commission the maintain a register of the marks and
electronic security data used as described in Annex IB and necessary information related
Inspections of the recording equipment
Recording equipment shall be subject to regular inspection by approved workshops. Regular
inspection shall be carried out at least every two years.
Workshops shall draw up an inspection report in cases where irregularities in the functioning of the
recording equipment had to be remedied, whether as a result of a periodic inspection, or an
inspection carried out at the specific request of the national competent authority. Workshops shall
keep a list of all inspection reports drawn up.
Inspection reports shall be retained by the workshop for a minimum period of two years from the
time the report was made. Upon request from the competent authority, workshops shall make
Approval of fitters and workshops 18
1.The Member States shall approve, regularly control and certify the fitters and workshops, and
vehicle manufacturers which may carry out installations, checks, inspections and repairs of
the recording equipment.
2.Member States shall ensure that fitters, and workshops and vehicle manufacturers are
competent and reliable. For that purpose, they shall establish and publish a set of clear
national procedures and shall ensure that the following minimum criteria are met:
(a) the staff are properly trained;
(b) the equipment necessary to carry out the relevant tests and tasks is available;
(c) the fitters and workshops are of good repute.
3.Audits of approved fitters or workshops shall be carried out as follows:
(a) Approved fitters or workshops shall be subject to a yearly audit19 of the procedures
(b) Unannounced technical audits of approved fitters or workshops shall also take place in
order to control the calibrations, inspections and installations carried out. These
controls shall cover at least 10% of the approved workshops per year.
4. Member States shall take appropriate measures to prevent conflicts of interests between fitters
or workshops and road transport undertakings. Member States shall forbid transport
undertakings to operate as an approved fitter or workshop. In particular, in case of
serious risk of conflict of interest, the Member State shall take additional specific
measures to ensure that the fitter or the workshop complies with this Regulation.
As a derogation to paragraph 4, a Member State may approve that a transport
undertaking operates as a fitter or workshop. In such a case, In particular, if the transport
undertaking is also operating as an approved fitter or workshop, it shall not be allowed to
install and calibrate recording equipment in the vehicles that it operates its own vehicles.
6.The competent authorities of the Member States shall forward to the Commission, on an
annual basis, the lists of approved fitters and workshops and the cards issued to them, as well
as copies of the marks and of the necessary information relating to the electronic security data
used. The Commission shall publish the lists of approved fitters and workshops on its website.
7.The competent authorities in Member States shall withdraw approval, either temporarily or
1.The period of administrative validity of workshop cards shall not exceed one year.20
2.If a workshop card is to be extended, is damaged, malfunctions, is lost or stolen, the authority
shall supply a replacement card within five working days of receiving a detailed request to
that effect. The authority issuing the card shall maintain a register of lost, stolen or defective
3.When a Member State withdraws the approval of a fitter or workshop as set out in Article 19,
it shall also withdraw the workshop cards issued to it.
4.Member States shall take all necessary measures to prevent the workshop cards distributed to
Issuing of driver cards
1.The driver card shall be issued, at the request of the driver by the competent authority of the
Member State where the driver has his normal residence. It shall be issued within one month21
of the request and all the necessary documentation being received by the competent
2.For the purposes of this article, `normal residence' means the place where a person usually
lives, that is for at least 185 days in each calendar year, because of personal and occupational
ties, or, in the case of a person with no occupational ties, because of personal ties which show
close links between that person and the place where they are living; however, the normal
residence of a person whose occupational ties are in a different place from their personal ties
and who consequently lives in turn in different places situated in two or more Member States
shall be regarded as being the place of their personal ties, provided that such person returns
there regularly. This last condition need not be complied with where the person is living in a
4.The competent authorities of the issuing Member State shall take appropriate measures to
ensure that an applicant does not already hold a valid driver card and shall personalise the
driver card in accordance with the provisions of Annex IB.
5.For administrative purposes, The driver card shall not be valid for more than five years.23
6.A valid driver card shall not be withdrawn or suspended unless the competent authorities of a
Member State find that the card has been falsified, or the driver is using a card of which he is
not the holder, or the card held has been obtained on the basis of false declarations and/or
forged documents. If such suspension or withdrawal measures are taken by a Member State
other than the issuing Member State, the former shall return the card to the authorities of the
Member State which issued it, in a maximum period of two weeks, indicating the reasons
for withdrawal or suspension returning it.
7.Driver cards shall be issued only to applicants who are or intend to be subject to the
provisions of Regulation (EC) No 561/2006.
8.Member States shall take all necessary measures to prevent driver cards from being falsified.
Renewal of driver cards
1.Where a driver wishes to renew his driver card, he shall apply to the competent authorities of
the Member State of normal residence not later than 15 working days before the expiry date
of the card.
2.Where the authorities of the Member State of normal residence are different from those which
issued the card and where the former are requested to renew the driver card, they shall inform
the authorities which issued the old card of the reasons for its renewal.
3.In the event of a request for the renewal of a card whose expiry date is approaching, the
competent authority shall supply a new card before the expiry date provided that the request
was sent within the time limits laid down in paragraph 1.
Stolen, lost or defective driver cards
1.The issuing authority shall keep records of issued, stolen, lost or defective driver cards for a
4.If the driver card is damaged, malfunctions or is lost or stolen, the driver shall within seven
calendar days apply for its replacement to the competent authorities of the Member of normal
residence. These authorities shall supply a replacement card within five working days after
receiving a detailed request to that effect.
5.In the circumstances set out in paragraph 4, the driver may continue to drive without a driver
card for a maximum period of 15 calendar days or for a longer period if this is necessary for
the vehicle to return to its premises, provided the driver can prove the impossibility of
producing or using the card during this period.
Mutual recognition and exchange of driver cards
1.Driver cards issued by Member States shall be mutually recognised.
2.Where the holder of a valid driver card issued by a Member State has established his normal
residence in another Member State, he may ask for his card to be exchanged for an equivalent
driver card. It shall be the responsibility of the Member State which carries out the exchange
to verify whether the card produced is still valid.
Electronic exchange of information on driver cards 24
1.In order to ensure that an applicant does not already hold a valid driver card as referred to in
Article 21(4), Member States shall maintain national electronic registers containing the
following information on driver cards for a period at least equivalent to their period of
-Surname and first name of the driver
-Birth date and, if available, place of birth of the driver
-Driving licence number and country of issue of the driving licence (if applicable)
-Status of the driver card
Driver card number
2.The Commission and the Member States shall take all necessary measures to ensure that the
electronic registers are interconnected and accessible throughout the Union, using the
TACHOnet Messaging System or a compatible system, as long as the exchange of
electronic data is possible with all other Member States through the TACHOnet
5.The Commission shall adopt implementing acts to lay down the common procedures and
specifications necessary for the interconnection referred to in paragraph 2, including the
format for the data exchanged, the technical procedures for electronic consultation of the
national electronic registers, access procedures and security mechanisms. Those implementing
acts shall be adopted in accordance with the examination procedure referred to in Article
Integration of driver cards with driving licences 25
Driver cards shall be issued in accordance with the provisions of this Chapter until 18 January 2018.
With effect from 19 January 2018, driver cards shall be incorporated into driving licences and
issued, renewed, exchanged and replaced in accordance with the provisions of Directive
Use of equipment
Correct use of recording equipment
1.The transport undertaking, the vehicle owner and the drivers shall ensure the correct
functioning and proper use of the recording equipment and the driver card where a driver is
required to drive a vehicle fitted with the recording equipment referred to in Annex IB. By
derogation, as regards vehicles put into service for the first time before 1 May 2006,26
the transport undertaking and drivers shall ensure the correct functions and proper use
of the record sheet referred to in Annex I.
2.It shall be forbidden to falsify, conceal, suppress or destroy data recorded on the record sheet,
stored in the recording equipment or on the driver card, or print-outs from the recording
equipment referred to in Annex IB. Any manipulation of the recording equipment, record
sheet or driver card which could result in data and/or printed information being falsified,
suppressed or destroyed shall also be prohibited. No device which could be used to this effect
Responsibility of the undertaking
1.The transport undertaking shall issue a sufficient number of record sheets to drivers of
vehicles fitted with the recording equipment referred to in Annex I taking into account the fact
that these sheets are personal in character, the length of the period of service and the possible
need to replace sheets which are damaged, or have been taken by an authorised inspecting
officer. The transport undertaking shall issue to drivers only record sheets of an approved
model suitable for use in the equipment installed in the vehicle.
Where the vehicle is fitted with the recording equipment referred to in Annex IB the transport
undertaking and the driver shall ensure that, taking into account the length of the period of
service, the printing on request referred to in Annex IB can be carried out correctly in the
event of an inspection.
2.The transport undertaking shall keep record sheets and printouts, whenever printouts have
been made to comply with Article 31, in chronological order and in a legible form for at least
a year after their use and shall give copies to the drivers concerned who request them. The
transport undertaking shall also give copies of downloaded data from the driver cards to the
drivers concerned who request them and the printed paper versions of these copies. The
3.A transport undertaking shall be28 liable for infringements against this Regulation committed
by drivers of the undertaking.29 However, Member States may consider any evidence that the
transport undertaking cannot reasonably be held responsible for the infringement committed.
Without prejudice to the right of Member States to may hold transport undertakings fully
liable and may also make transport undertakings' liability conditional on the
commitment of very serious infringements. -
Use of driver cards and record sheets
1.Drivers shall use the record sheets or driver cards every day on which they are driving,
starting from the moment they take over the vehicle. The record sheet or driver card shall not
be withdrawn before the end of the daily working period unless its withdrawal is otherwise
authorised. No record sheet or driver card may be used to cover a period longer than that for
which it is intended.
2.Drivers shall adequately protect the record sheets or driver cards, and shall not use dirty or
damaged sheets or cards.
3.When as a result of being away from the vehicle, a driver is unable to use the recording
(b) if the vehicle is fitted with the recording equipment referred to in Annex IB, be entered
onto the driver card using the manual entry facility provided in the recording equipment.
For control purposes, periods of time for which no activity has been recorded shall be
regarded as rest or break. Drivers are not obliged to record daily and weekly rest periods when
having been away from the vehicle.30
4.Where there is more than one driver on board a vehicle fitted with the recording equipment
referred to in Annex IB, each driver shall ensure that his driver card is inserted into the correct
slot in the recording equipment.
Where there is more than one driver on board a vehicle fitted with the recording equipment
referred to in Annex IB, drivers shall amend the record sheets as necessary, so that the
information referred to in Section II (a), (b) and (c) of Annex I is recorded on the record sheet
of the driver who is actually driving.
(a) ensure that the time recorded on the sheet corresponds to the official time in the country
of registration of the vehicle;
(ii) under the sign : `other work', which means any activity other than driving, as
defined in Article 3(a) of Directive 2002/15/EC of the European Parliament and of
the Council31, and also any work for the same or another employer within or
outside of the transport sector,
(iii) under the sign : `availability', as defined in Article 3(b) of Directive
(iv) under the sign : breaks or rest.
6.Each driver shall enter the following information on his record sheet:
(a) on beginning to use the sheet -- this surname and first name;
(b) the date and place where use of the sheet begins and the date and place where such use
(c) the registration number of each vehicle to which the driver is assigned, both at the start
of the first journey recorded on the sheet and then, in the event of a change of vehicle,
(e) the time of any change of vehicle.
7.The driver shall enter in the recording equipment referred to in Annex IB the symbols of the
countries in which the daily work control period was started and finished. However, a
Member State may require drivers of vehicles engaged in transport operations inside its
territory to add more detailed geographic specifications to the country symbol provided that
the Member State notified them to the Commission before 1 April 1998.
It shall not be necessary for drivers to enter this information if the recording equipment is
automatically recording location data in accordance with Article 4.
Damaged driver cards or record sheets
1.In case of damage to a sheet bearing recordings or a driver card, drivers shall keep the
damaged sheet or driver card together with the spare sheet used to replace it.
2.Where a driver card is damaged, malfunctions, or is lost or stolen, the driver shall:
(a) at the start of his journey, print out the details of the vehicle they are driving, and enter
(b) at the end of the journey, print out the information relating to periods of time recorded
by the recording equipment, record any periods of other work, availability and rest
undertaken since the printout that was made at the start of the journey, where not
recorded by the recording equipment, and mark on that document details that enable the
driver to be identified (name, driver card or driver's licence number), including the
Records to be carried by the driver
1.Where the driver drives a vehicle fitted with the recording equipment referred to inAnnex I,
the driver shall be able to produce, whenever an inspecting officer so requests:
(i) the record sheets for the current day and those used by the driver in the previous
(ii) the driver card if one is held, and
(iii) any manual record and printout made during the current day and the previous 28
days as required under this Regulation and Regulation (EC) No 561/2006.
(iii) the record sheets corresponding to the same period as the one referred to in point
(ii) during which he drove a vehicle fitted with the recording equipment referred
to in Annex I.
3.An authorised inspecting officer may check compliance with Regulation (EC) No 561/2006
by analysis of the record sheets, of the displayed, or printed or downloaded data which have
been recorded by the recording equipment or by the driver card or, failing this, by analysis of
any other supporting document that justifies non-compliance with a provision, such as those
laid down in Articles 24(2) and 33(2) of this Regulation.
Procedures in case of malfunctioning equipment
1.In the event of breakdown or faulty operation of the recording equipment, the transport
undertaking shall have it repaired by an approved fitter or workshop, as soon as circumstances
If the vehicle is unable to return to the premises within a period of one week calculated from
the day of the breakdown or of the discovery of defective operation, the repair shall be carried
(a) on the record sheet or sheets, or
(b) on a temporary sheet to be attached to the record sheet or to be kept together with the
Data protection, enforcement and sanctions
Protection of personal data
1.Member States shall ensure that the processing of personal data in the context of this
Regulation is carried out in accordance with Directives 95/46/EC and 2002/58/EC and under
the supervision of the public independent authority of the Member State referred to in Article
28 of Directive 95/46/EC.
2.Member States shall in particular ensure that personal data is protected in relation to:
-the use of a global navigation satellite system (GNSS) for the recording of location data
as referred to in Article 4,
-the use of remote communication for control purposes as referred to in Article 5,
-the use of recording equipment with a harmonised interface as referred to in Article 6,
-the electronic exchange of information on driver cards as referred to in Article 26,
Training of control officers
1.Member States shall ensure that control officers are appropriately trained for the analysis of
the data recorded and the control of the recording equipment. This training is the basis for a
harmonised control and enforcement.
2.Member States shall inform the Commission about the training requirements for their control
officers by [6 months after the date of application of this Regulation].
3.The Commission shall adopt decisions on the methodology for the initial and continuing
training of control officers, including on techniques to target controls and to detect
manipulation devices and fraud. Those implementing acts shall be adopted in accordance with
the advisory procedure referred to in Article 40(2).32
Member States shall assist each other in applying this Regulation and in checking compliance
Penalties Sanctions 33
1.Member States shall lay down rules on penalties applicable to infringements of this
Regulation and shall take all measures necessary to ensure that they are implemented. Those
penalties shall be effective, proportionate, dissuasive and non-discriminatory. In the case of
workshops which have infringed the provisions of this Regulation, this may also include the
cancellation of approval and withdrawal of the workshop card.
2.No infringement of this Regulation shall be subjected to more than one penalty or procedure.
3.The sanctions penalties laid down by Member States for very serious infringements as
defined in Directive 2009/5/EC shall be of the highest categories applicable in the Member
State for infringements of social legislation relating to road transport legislation.34
4.The Member States shall notify the Commission of these measures and the rules on penalties
and sanctions by [date of application of this Regulation]. They shall inform the Commission
Adaptation to technical progress
The Commission shall be empowered to adopt delegated acts in accordance with Article 39 for the
purpose of adapting Annexes I, IB and II to technical progress.35
Exercise of the delegation
1.The power to adopt delegated acts is conferred on the Commission subject to the conditions
laid down in this Article.
2.The delegation of power referred to in Articles 4, 5, 6 and 38 shall be conferred on the
Commission for an indeterminate period of time [X] years from the [date of entry into force
of this Regulation]. The Commission shall draw up a report in respect of the delegation of
3.The delegation of powers referred to in Articles 4, 5, 6 and 38 may be revoked at any time by
the European Parliament or by the Council. A decision of revocation shall put an end to the
delegation of the power specified in that decision. It shall take effect the day following the
publication of the decision in the Official Journal of the European Union or at a later date
specified therein. It shall not affect the validity of any delegated acts already in force.
4.As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the
European Parliament and to the Council.
5.A delegated act adopted pursuant to Articles 4, 5, 6 and 38 shall enter into force only if no
objection has been expressed either by the European Parliament or the Council within a
period of 2 months of notification of that act to the European Parliament and the Council or if,
before the expiry of that period, the European Parliament and the Council have both informed
the Commission that they will not object. That period shall be extended by [2 months] at the
initiative of the European Parliament or the Council.
1.The Commission shall be assisted by a committee.That committee shall be a committee
within the meaning of Regulation (EU) No 182/2011.
3.Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall
apply. Where the committee delivers no opinion, the Commission shall not adopt the
draft implementing act and the third subparagraph of Article 5(4) of Regulation (EU)
No 182/2011 shall apply.
Where the opinion of the committee is to be obtained by written procedure, that procedure
shall be terminated without result when, within the time-limit for delivery of the opinion, the
chair of the committee so decides or a simple majority of committee members so request.
1.A Tachograph Forum shall be set up in order to support dialogue on technical matters
concerning the recording equipment among Member States' experts, members of the
Committee of Article 40, and experts from third countries which are using the recording
equipment under the European agreement concerning the work of crews of vehicles engaged
in international road transport (AETR).
2. Member States shall should delegate as an experts to the Tachograph Forum the experts
Communication of national measures
Member States shall communicate to the Commission the text of the laws, regulations and
administrative provisions which they adopt in the field governed by this Regulation no later than 30
days after their date of adoption and for the first time [12 months after the entry into force of this
2)Annex I to Regulation (EEC) No 3821/85 is amended as follows:
(a) In Chapter I Definitions, point (b) is deleted.
(b) in Chapter III (c) , in point 4.1, the reference to "Article 15(3) , second indent (b), (c)
and (d) of the Regulation" is replaced by "Article 30(5), second indent (b), (c) and (d) of
the Regulation "
(c) in Chapter III (c) , in point 4.2, the reference to "Article 15 of the Regulation" is
replaced by "Article 30 of the Regulation"
(d) in Chapter IV (a) point 1, third subparagraph, the reference to "Article 15(5) of the
(1) in the first paragraph, the reference to "Article 12(5) of Regulation (EEC) No
3821/85 as last amended by Regulation (EC) No 2135/98" is replaced by "Article
24(5) of Regulation (EEC) No 3821/85".
(2) Section 1 "Approval of fitters or workshops" is deleted.
(c) In Chapter VIII, point 271, the reference to "Article 5 of this Regulation" is replaced by
a reference to "Article 8 of this Regulation".
Regulation (EC) No 561/2006 is amended as follows:
The distance of `50 km' referred to in points (d), (f) and (p) of Article 13(1) is replaced by `100
This Regulation shall enter into force on the day following that of its publication in the Official
Journal of the European Union .
It shall apply with effect from [one year39 after entry into force].
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels,
For the European Parliament For the Council
The President The President