1985R3821 — EN — 20.11.1990 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCIL REGULATION (EEC)No 3821/85
of 20 December 1985
on recording equipment in road transport
(OJ L 370, 31.12.1985, p. 8)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EEC) No 3314/90 of 16 November 1990 L 318 20 17.11.1990
1985R3821 — EN — 20.11.1990 — 001.001 — 2
▼B
COUNCIL REGULATION (EEC)No 3821/85
of 20 December 1985
on recording equipment in road transport
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, and in particular Article 75 thereof,
Having regard to the proposal from the Commission(1),
Having regard to the opinion of the European Parliament(2),
Having regard to the opinion of the Economic and Social Commit-
tee(3),
Whereas Regulation (EEC) No 1463/70(4) as last amended by Regula-
tion (EEC) No 2828/77(5) introduced recording equipment in road
transport;
Whereas, taking into account the amendments set out hereinafter, in
order to clarify matters, all the relevant provisions should be broughttogether in a single text, and in consequence thereof, Regulation
(EEC) No 1463/70 of the Council should be repealed; whereas, how-
ever, the exemptions set out in Article 3 (1) for certain passenger ser-vices should be maintained in force for a certain time;
Whereas the use of recording equipment that may indicate the periods
of time referred to in Regulation (EEC) No 3820/85 on the harmoni-
zation of certain social legislation relating to road transport(
6)i s
intended to ensure effective checking on that social legislation;
Whereas the obligation to use such recording equipment can be
imposed only for vehicles registered in Member States; whereasfurthermore certain of such vehicles may, without giving rise to diffi-culty, be excluded from the scope of this Regulation;
Whereas the Member States should be entitled, with the Commission's
authorization, to grant certain vehicles exemptions from the provisionsof the Regulation in exceptional circumstances; whereas, in urgentcases, it should be possible to grant these exemptions for a limitedtime without prior authorization from the Commission;
Whereas, in order to ensure effective checking, the equipment must be
reliable in operation, easy to use and designed in such a way as tominimize any possibility of fraudulent use; whereas to this end record-ing equipment should in particular be capable of providing, on sepa-rate sheets for each driver and in a sufficiently precise and easily
readable form, recorded details of the various periods of time;
Whereas automatic recording of other details of a vehicle's journey,
such as speed and distance covered, will contribute significantly toroad safety and will encourage sensible driving of the vehicle;
whereas, consequently, it appears appropriate to provide for the equip-
ment also to record those details;
Whereas it is necessary to set Community construction and installation
standards for recording equipment and to provide for an EEC approval
procedure, in order to avoid throughout the territory of the MemberStates any impediment to the registration of vehicles fitted with suchrecording equipment, to their entry into service or use, or to suchequipment being used;
Whereas, in the event of differences of opinion between Member
States concerning cases of EEC type approval, the Commission should
(1) OJ No C 100, 12. 4. 1984, p. 3, and OJ No C 223, 3. 9. 1985, p. 5.
(2) OJ No C 122, 20. 5. 1985, p. 168.
(3) OJ No C 104, 25. 4. 1985, p. 4, and OJ No C 303, 25. 11. 1985, p. 29.
(4) OJ No L 164, 27. 7. 1970, p. 1.
(5) OJ No L 334, 24. 12. 1977, p. 11.
(6) See page 1 of this Official Journal.
1985R3821 — EN — 20.11.1990 — 001.001 — 3
▼B
be empowered to take a decision on a dispute within six months if the
States concerned have been unable to reach a settlement;
Whereas it would be helpful in implementing this Regulation and pre-
venting abuses to issue drivers who so request with a copy of their
record sheets;
Whereas, in order to achieve the aims hereinbefore mentioned of
keeping a check on work and rest periods, it is necessary that employ-
ers and drivers be responsible for seeing that the equipment functionscorrectly and that they perform with due care the operations pre-scribed;
Whereas the provisions governing the number of record sheets that a
driver must keep with him must be amended following the replace-ment of the flexible week by afixed week;
Whereas technical progress necessitates rapid adaptation of the techni-
cal specifications set out in the Annexes to this Regulation; whereas,
in order to facilitate the implementation of the measures necessary forthis purpose, provision should be made for a procedure establishingclose cooperation between the Member States and the Commissionwithin an Advisory Committee;
Whereas Member States should exchange the available information on
breaches established;
Whereas, in order to ensure that recording equipment functions reli-
ably and correctly, it is advisable to lay down uniform requirements
for the periodic checks and inspections to which the equipment is to
be subject after installation,
HAS ADOPTED THIS REGULATION:
CHAPTER I
Principles and scope
Article 1
Recording equipment within the meaning of this Regulation shall, as
regards construction, installation, use and testing, comply with the
requirements of this Regulation and of Annexes I and II thereto,which shall form an integral part of this Regulation.
Article 2
For the purposes of this Regulation the definitions set out in Article 1
of Regulation (EEC) No 3820/85 shall apply.
Article 3
1. Recording equipment shall be installed and used in vehicles
registered in a Member State which are used for the carriage of pas-
sengers or goods by road, except the vehicles referred to in Articles 4and 14 (1) of Regulation (EEC) No 3820/85.
2. Member States may exempt vehicles mentioned in Article 13 (1)
of Regulation (EEC) No 3820/85 from application of this Regulation.Member States shall inform the Commission of any exemption grantedunder this paragraph.
3. Member States may, after authorization by the Commission,
exempt from application of this Regulation vehicles used for the trans-
port operations referred to in Article 13 (2) of Regulation (EEC) No
3820/85. In urgent cases they may grant a temporary exemption for aperiod not exceeding 30 days, which shall be notified immediately tothe Commission. The Commission shall notify the other MemberStates of any exemption granted pursuant to this paragraph.
4. In the case of national transport operations, Member States may
require the installation and use of recording equipment in accordance
1985R3821 — EN — 20.11.1990 — 001.001 — 4
▼B
with this Regulation in any of the vehicles for which its installation
and use are not required by paragraph 1.
CHAPTER II
Type approval
Article 4
Applications for EEC approval of a type of recording equipment or of
a model record sheet shall be submitted, accompanied by the appropri-ate specifications, by the manufacturer or his agent to a Member
State. No application in respect of any one type of recording equip-
ment or of any one model record sheet may be submitted to morethan one Member State.
Article 5
A Member State shall grant EEC approval to any type of recording
equipment or to any model record sheet which conforms to therequirements laid down in Annex I to this Regulation, provided theMember State is in a position to check that production models con-form to the approved prototype.
Any modifications or additions to an approved model must receive
additional EEC type approval from the Member State which granted
the original EEC type approval.
Article 6
Member States shall issue to the applicant an EEC approval mark,
which shall conform to the model shown in Annex II, for each type
of recording equipment or model record sheet which they approvepursuant to Article 5.
Article 7
The competent authorities of the Member State to which the applica-
tion for type approval has been submitted shall, in respect of eachtype of recording equipment or model record sheet which theyapprove or refuse to approve, either send within one month to theauthorities of the other Member States a copy of the approval certifi-
cate accompanied by copies of the relevant specifications, or, if such
is the case, notify those authorities that approval has been refused; incases of refusal they shall communicate the reasons for their decision.
Article 8
1. If a Member State which has granted EEC type approval as pro-
vided for in Article 5 finds that certain recording equipment or recordsheets bearing the EEC type approval mark which it has issued do notconform to the prototype which it has approved, it shall take thenecessary measures to ensure that production models conform to theapproved prototype. The measures taken may, if necessary, extend to
withdrawal of EEC type approval.
2. A Member State which has granted EEC type approval shall
withdraw such approval if the recording equipment or record sheetwhich has been approved is not in conformity with this Regulation orits Annexes or displays in use any general defect which makes itunsuitable for the purpose for which it is intended.
3. If a Member State which has granted EEC type approval is noti-
fied by another Member State of one of the cases referred to in para-
graphs 1 and 2, it shall also, 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 placingon the market and putting into service of the recording equipment orrecord sheets. The same applies in the cases mentioned in paragraph 1with respect to recording equipment or record sheets which have been
1985R3821 — EN — 20.11.1990 — 001.001 — 5
▼B
exempted from EEC initial verification, if the manufacturer, after due
warning, does not bring the equipment into line with the approvedmodel or with the requirements of this Regulation.
In any event, the competent authorities of the Member States shall
notify one another and the Commission, within one month, of anywithdrawal of EEC type approval or of any other measures taken pur-
suant to paragraphs 1, 2 and 3 and shall specify the reasons for such
action.
5. If a Member State which has granted an EEC type approval dis-
putes the existence of any of the cases specified in paragraphs 1 or 2
notified to it, the Member States concerned shall endeavour to settlethe 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 para-graph 3 above, the Commission, after consulting experts from allMember States and having considered all the relevant factors, e.g.economic and technical factors, shall within six months adopt a deci-sion which shall be communicated to the Member States concerned
and at the same time to the other Member States. The Commission
shall lay down in each instance the time limit for implementation ofits decision.
Article 9
1. An applicant for EEC type approval of a model record sheet
shall state on his application the type or types of recording equipmenton which the sheet in question is designed to be used and shall pro-vide suitable equipment of such type or types for the purpose of test-
ing the sheet.
2. The competent authorities of each Member State shall indicate
on the approval certificate for the model record sheet the type or types
of recording equipment on which that model sheet may be used.
Article 10
No Member State may refuse to register any vehicle fitted with
recording equipment, or prohibit the entry into service or use of suchvehicle for any reason connected with the fact that the vehicle is fittedwith such equipment, if the equipment bears the EEC approval markreferred to in Article 6 and the installation plaque referred to in Arti-
cle 12.
Article 11
All decisions pursuant to this Regulation refusing or withdrawing
approval of a type of recording equipment or model record sheet shallspecify in detail the reasons on which they are based. A decision shallbe communicated to the party concerned, who shall at the same timebe informed of the remedies available to him under the laws of theMember States and of the time-limits for the exercise of such reme-
dies.
CHAPTER III
Installation and inspection
Article 12
1. Recording equipment may be installed or repaired only by fitters
or workshops approved by the competent authorities of Member Statesfor that purpose after the latter, should they so desire, have heard theviews of the manufacturers concerned.
2. The approved fitter or workshop shall place a special mark on
the seals which it affixes. The competent authorities of each MemberState shall maintain a register of the marks used.
1985R3821 — EN — 20.11.1990 — 001.001 — 6
▼B
3. The competent authorities of the Member States shall send each
other their lists of approved fitters or workshops and also copies ofthe marks used.
4. For the purpose of certifying that installation of recording equip-
ment took place in accordance with the requirements of this Regula-tion an installation plaque affixed as provided in Annex I shall beused.
CHAPTER IV
Use of equipment
Article 13
The employer and drivers shall be responsible for seeing that the
equipment functions correctly.
Article 14
1. The employer shall issue a sufficient number of record sheets to
drivers, bearing in mind the fact that these sheets are personal in char-
acter, the length of the period of service and the possible obligation toreplace sheets which are damaged, or have been taken by an author-ized inspecting officer. The employer shall issue to drivers only sheetsof an approved model suitable for use in the equipment installed inthe vehicle.
2. The undertaking shall keep the record sheets in good order for at
least a year after their use and shall give copies to the drivers con-cerned who request them. The sheets shall be produced or handedover at the request of any authorized inspecting officer.
Article 15
1. Drivers shall not use dirty or damaged record sheets. The sheets
shall be adequately protected on this account.
In case of damage to a sheet bearing recordings, drivers shall attach
the damaged sheet to the spare sheet used to replace it.
2. Drivers shall use the record sheets every day on which they are
driving, starting from the moment they take over the vehicle. Therecord sheet shall not be withdrawn before the end of the daily work-
ing period unless its withdrawal is otherwise authorized. No record
sheet may be used to cover a period longer than that for which it isintended.
When, as a result of being away from the vehicle, a driver is unable
to use the equipment fitted to the vehicle, the periods of time indi-
cated in paragraph 3, second indent (b), (c) and (d) below shall be
entered on the sheet, either manually, by automatic recording or othermeans, legibly and without dirtying the sheet.
Drivers shall amend the record sheets as necessary should there be
more than one driver on board the vehicle, so that the informationreferred to in Chapter II (1) to (3) of Annex I is recorded on the
record sheet of the driver who is actually driving.
3. Drivers shall:
— ensure that the time recorded on the sheet agrees with the official
time in the country of registration of the vehicle,
— operate the switch mechanisms enabling the following periods of
time to be recorded separately and distinctly:
(a) under the sign
: driving time;
(b) under the sign
 : all other periods of work;
(c) under the sign
 : other periods of availability, namely:
1985R3821 — EN — 20.11.1990 — 001.001 — 7
▼B
— waiting time, i.e. the period during which drivers need
remain at their posts only for the purpose of answering anycalls to start or resume driving or to carry out other work,
— time spent beside the driver while the vehicle is in motion,— time spent on abunk while the vehicle is in motion;
(d) under the sign
: breaks in work and daily rest periods.
4. Each Member State may permit all the periods referred to in
paragraph 3, second indent (b) and (c) to be recorded under the sign
on the record sheets used on vehicles registered in its territory.
5. Each crew member shall enter the following information on his
record sheet:
(a) on beginning to use the sheet — his surname and first name;
(b) the date and place where use of the sheet begins and the date and
place where such use ends;
(c) the registration number of each vehicle to which he is assigned,
both at the start of the first journey recorded on the sheet andthen, in the event of acha nge of vehicle, during use of the sheet;
(d) the odometer reading:
— at the start of the first journey recorded on the sheet,
— at the end of the last journey recorded on the sheet,
— in the event of a change of vehicle during a working day
(reading on the vehicle to which he was assigned and readingon the vehicle to which he is to be assigned);
(e) the time of any change of vehicle.
6. The equipment shall be so designed that it is possible for an
authorized inspecting officer, if necessary after opening the equipment,to read the recordings relating to the nine hours preceding the time ofthe check without permanently deforming, damaging or soiling thesheet.
The equipment shall, furthermore, be so designed that it is possible,
without opening the case, to verify that recordings are being made.
7. Whenever requested by an authorized inspecting officer to do so,
the driver must be able to produce record sheets for the current week,and in any case for the last day of the previous week on which hedrove.
Article 16
1. In the event of breakdown or faulty operation of the equipment,
the employer shall have it repaired by an approved fitter or workshop,as soon as circumstances permit.
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 discov-ery of defective operation, the repair shall be carried out enroute .
Measures taken by Member States pursuant to Article 19 may give
the competent authorities power to prohibit the use of the vehicle in
cases where breakown or faulty operation has not been put right asprovided in the foregoing subparagraphs.
2. While the equipment is unserviceable or operating defectively,
drivers shall mark on the record sheet or sheets, or on a temporarysheet to be attached to the record sheet, all information for the variousperiods of time which is not recorded correctly by the equipment.
1985R3821 — EN — 20.11.1990 — 001.001 — 8
▼B
CHAPTER V
Final provisions
Article 17
The amendments necessary to adapt the Annexes to technical progress
shall be adopted in accordance with the procedure laid down in Arti-
cle 18.
Article 18
1. A Committee for the adaptation of this Regulation to technical
progress (hereinafter called ‘the Committee’) is hereby set up; it shall
consist of representatives of the Member States, and a representative
of the Commission shall be chairman.
2. The Committee shall adopt its own rules of procedure.
3. Where the procedure laid down in this Article is to be followed,
the matter shall be referred to the Committee by the chairman, either
on his own initiative or at the request of the representative of a Mem-ber State.
4. The Commission representative shall submit to the Committee a
draft of the measures to be taken. The Committee shall give its opi-nion on that draft within a time limit set by the chairman havingregard to the urgency of the matter. Opinions shall be delivered by aqualified majority in accordance with Article 148 (2) of the Treaty.
The chairman shall not vote.
5. (a) The Commission shall adopt the envisaged measures where
they are in accordance with the opinion of the Committee.
(b) Where the measures envisaged are not in accordance with the
opinion of the Committee or if no opinion is delivered, theCommission shall without delay submit to the Council a propo-sal on the measures to be taken. The Council shall act by a
qualified majority.
(c) If the Council has not acted within three months of the propo-
sal being submitted to it, the proposed measures shall beadopted by the Commission.
Article 19
1. Member States shall, in good time and after consulting the Com-
mission, adopt such laws, regulations or administrative provisions asmay be necessary for the implementation of this Regulation.
Such measures shall cover, inter alia, the reorganization of, procedure
for, and means of carrying out, checks on compliance and the penal-ties to be imposed in case of breach.
2. Member States shall assist each other in applying this Regulation
and in checking compliance therewith.
3. Within the framework of this mutual assistance the competent
authorities of the Member States shall regularly send one another allavailable information concerning:
— breaches of this Regulation committed by non-residents and any
penalties imposed for such breaches,
— penalties imposed by a Member State on its residents for such
breaches committed in other Member States.
Article 20
Regulation (EEC) No 1463/70 shall be repealed.However, Article 3 (1) of the said Regulation shall, until 31 December
1989, continue to apply to vehicles and drivers employed in regularinternational passenger services in so far as the vehicles used for suchservices are not fitted with recording equipment used as prescribed inthis Regulation.
1985R3821 — EN — 20.11.1990 — 001.001 — 9
▼B
Article 21
This Regulation shall enter into force on 29 September 1986.
This Regulation shall be binding in its entirety and directly applicable
in all Member States.
1985R3821 — EN — 20.11.1990 — 001.001 — 10
▼B
ANNEX I
REQUIREMENTS FOR CONSTRUCTION, TESTING, INSTALLATION
AND INSPECTION
I. DEFINITIONS
In this Annex:
(a)Recording equipment means:
equipment intended for installation in road vehicles to show and record
automatically or semi-automatically details of the movement of those vehi-
cles and of certain working periods of their drivers;
(b)Record sheet means:
a sheet designed to accept and retain recorded data, to be placed in the
recording equipment and on which the marking devices of the latter
inscribe acontinuous record of the informa tion to be recorded;
(c)The constant of the recording equipment means:
the numerical characteristic giving the value of the input signal required to
show and record a distance travelled of one kilometre; this constant must
be expressed either in revolutions per kilometre (k = … rev/km), or in
impulses per kilometre (k = … imp/km);
(d)Characteristic coefficient of the means:
the numerical characteristic giving the value of the output signal emitted
by the part of the vehicle linking it with the recording equipment (gearbox
output shaft or axle) while the vehicle travels a distance of one measured
kilometre under normal test conditions (see Chapter VI, point 4 of this
Annex). The characteristic coefficient is expressed either in revolutions per
kilometre (w = … rev/km) or in impulses per kilometre (w = … imp/km);
(e)Effective circumference of wheel tyres means:
the average of the distances travelled by the several wheels moving the
vehicle (driving wheels) in the course of one complete rotation. The mea-
surement of these distances must be made under normal test conditions
(see Chapter VI, point 4 of this Annex) and is expressed in the form: 1 =
… mm.
II. GENERAL CHARACTERISTICS AND FUNCTIONS OF RECORDING
EQUIPMENT
The equipment must be able to record the following:
1. distance travelled by the vehicle;
2. speed of the vehicle;
3. driving time;4. other periods of work or of availability;5. breaks from work and daily rest periods;
6. opening of the case containing the record sheet;
7. for electronic recording equipment which is equipment operating by signals
transmitted electrically from the distance and speed sensor, any interruption
exceeding 100 milliseconds in the power supply of the recording equipment
(except lighting), in the power supply of the distance and speed sensor and
any interruption in the signal lead to the distance and speed sensor.
For vehicles used by two drivers the equipment must be capable of recording
simultaneously but distinctly and on two separate sheets details of the periods
listed under 3, 4 and 5.
III. CONSTRUCTION REQUIREMENTS FOR RECORDING EQUIPMENT
(a)General points
1.Recordingequipmentshallincludethefollowing:
1.1. Visual instruments showing:
— distance travelled (distance recorder),
— speed (speedometer),▼M1
▼B
1985R3821 — EN — 20.11.1990 — 001.001 — 11
▼B
— time (clock).
1.2. Recording instruments comprising:
— a recorder of the distance travelled,
— aspeed recorder,
— one or more time recorders satisfying the requirements laid down in
Chapter III (c) 4.
1.3. A means of marking showing on the record sheet individually:
— each opening of the case containing that sheet,
— for electronic recording equipment, as defined in point 7 of Chapter
II, any interruption exceeding 100 milliseconds in the power supply of
the recording equipment (except lighting), not later than at switching-
on the power supply again,
— for electronic recording equipment, as defined in point 7 of Chapter
II, any interruption exceeding 100 milliseconds in the power supply of
the distance and speed sensor and any interruption in the signal lead
to the distance and speed sensor.
2. Any inclusion in the equipment of devices additional to those listed above
must not interfere with the proper operation of the mandatory devices or
with the reading of them.
The equipment must be submitted for approval complete with any such
additional devices.
3.Materials
3.1. All the constituent parts of the recording equipment must be made of
materials with sufficient stability and mechanical strength and stable elec-
trical and magnetic characteristics.
3.2. Any modification in a constituent part of the equipment or in the nature
of the materials used for its manufacture must, before being applied in
manufacture, be submitted for approval to the authority which granted
type-approval for the equipment.
4.Measurementofdistancetravelled
The distances travelled may be measured and recorded either:
— so as to include both forward and reverse movement, or
— so as to include only forward movement.
Any recording of reversing movements must on no account affect the
clarity and accuracy of the other recordings.
5.Measurementofspeed
5.1. The range of speed measurement shall be as stated in the type approval
certificate.
5.2. The natural frequency and the damping of the measuring device must be
such that the instruments showing and recording the speed can, within the
range of measurement, follow acceleration changes of up to 2 m/s2,
within the limits of accepted tolerances.
6.Measurementoftime(clock)
6.1. The control of the mechanism for resetting the clock must be located
inside a case containing the record sheet; each opening of that case must
be automatically recorded on the record sheet.
6.2. If the forward movement mechanism of the record sheet is controlled by
the clock, the period during which the latter will run correctly after being
fully wound must be greater by at least 10 % than the recording period
corresponding to the maximum sheet-load of the equipment.
7.LightingandProtection
7.1 The visual instruments of the equipment must be provided with adequate
non-dazzling lighting.
7.2. For normal conditions of use, all the internal parts of the equipment must
be protected against damp and dust. In addition they must be made proof
against tampering by means of casings capable of being sealed.▼M1
▼B
1985R3821 — EN — 20.11.1990 — 001.001 — 12
▼B
(b)Visual instruments
1.Distancetravelled indicator (distancerecorder)
1.1. The value of the smallest grading on the instrument showing distance tra-
velled must be 0,1 kilometres. Figures showing hectometres must be
clearly distinguishable from those showing whole kilometres.
1.2. The figures on the distance recorder must be clearly legible and must
have an apparent height of at least 4 mm.
1.3. The distance recorder must be capable of reading up to at least 99 999,9
kilometres.
2.Speedindicators(speedometer)
2.1. Within the range of measurement, the speed scale must be uniformly
graduated by 1, 2, 5 or 10 kilometres per hour. The value of a speed gra-
duation (space between two successive marks) must not exceed 10 % of
the maximum speed shown on the scale.
2.2. The range indicated beyond that measured need not be marked by fig-
ures.
2.3. The length of each space on the scale representing a speed difference of
10 kilometres per hour must not be less than 10 millimetres.
2.4. On an indicator with a needle, the distance between the needle and the
instrument face must not exceed three millimetres.
3.Timeindicator (clock)
The time indicator must be visible from outside the equipment and give a
clear, plain and unambiguous reading.
(c)Recording instruments
1.Generalpoints
1.1. All equipment, whatever the form of the record sheet (strip or disc) must
be provided with a mark enabling the record sheet to be inserted cor-
rectly, in such a way as to ensure that the time shown by the clock and
the time-marking on the sheet correspond.
1.2. The mechanism moving the record sheet must be such as to ensure that
the latter moves without play and can be freely inserted and removed.
1.3. For record sheets in disc form, the forward movement device must be
controlled by the clock mechanism. In this case, the rotating movement
of the sheet must be continuous and uniform, with a minimum speed of
seven millimetres per hour measured at the inner border of the ring mark-
ing the edge of the speed recording area.
In equipment of the strip type, where the forward movement device of
the sheets is controlled by the clock mechanism the speed of rectilinear
forward movement must be at least 10 millimetres per hour.
1.4. Recording of the distance travelled, of the speed of the vehicle and of
any opening of the case containing the record sheet or sheets must be
automatic.
2.Recordingdistance travelled
2.1. Every kilometre of distance travelled must be represented on the record
by a variation of at least one millimetre on the corresponding coordinate.
2.2. Even at speeds reaching the upper limit of the range of measurement, the
record of distances must still be clearly legible.
3.Recordingspeed
3.1. Whatever the form of the record sheet, the speed recording stylus must
normally move in a straight line and at right angles to the direction of
travel of the record sheet.
However, the movement of the stylus may be curvilinear, provided the
following conditions are satisfied:
— the trace drawn by the stylus must be perpendicular to the average
circumference (in the case of sheets in disc form) or to the axis (in
the case of sheets in strip form) of the area reserved for speed record-
ing,
— the ratio between the radius of curvature of the trace drawn by the
stylus and the width of the area reserved for speed recording must be
not less than 2,4 to 1 whatever the form of the record sheet,
1985R3821 — EN — 20.11.1990 — 001.001 — 13
▼B
— the markings on the time-scale must cross the recording area in a
curve of the same radius as the trace drawn by the stylus. The spaces
between the markings on the time-scale must represent a period not
exceeding one hour.
3.2. Each variation in speed of 10 kilometres per hour must be represented on
the record by a variation of at least 1,5 millimetres on the corresponding
coordinate.
4.Recordingtime
4.1. Recording equipment must be so constructed that the period of driving
time is always recorded automatically and that it is possible, through the
operation where necessary of a switch device to record separately the
other periods of time as indicated in Article 15 (3), second indent (b), (c)
and (d) of the Regulation.
4.2. It must be possible, from the characteristics of the traces, their relative
positions and if necessary the signs laid down in Article 15 of the Regu-
lation to distinguish clearly between the various periods of time.
The various periods of time should be differentiated from one another on
the record by differences in the thickness of the relevant traces, or by any
other system of at least equal effectiveness from the point of view of leg-
ibility and ease of interpretation of the record.
4.3. In the case of vehicles with a crew consisting of more than one driver,
the recordings provided for in point 4.1 must be made on two separate
sheets, each sheet being allocated to one driver. In this case, the forward
movement of the separate sheets must be effected either by a single
mechanism or by separate synchronized mechanisms.
(d)Closing device
1. The case containing the record sheet or sheets and the control of the
mechanism for resetting the clock must be provided with a lock.
2. Each opening of the case containing the record sheet or sheets and the
control of the mechanism for resetting the clock must be automatically
recorded on the sheet or sheets.
(e)Markings
1. The following markings must appear on the instrument face of the equip-
ment:
— close to the figure shown by the distance recorder, the unit of mea-
surement of distance, indicated by the abbreviation ‘km’,
— near the speed scale, the marking ‘km/h’,— the measurement range of the speedometer in the form ‘Vmin … km/
h, Vmax … km/h’, This marking is not necessary if it is shown on
the descriptive plaque of the equipment.
However, these requirements shall not apply to recording equipment
approved before 10 August 1970.
2. The descriptive plaque must be built into the equipment and must show
the following markings, which must be visible on the equipment when
installed:
— name and address of the manufacturer of the equipment,
— manufacturer's number and year of construction,— approval mark for the equipment type,
— the constant of the equipment in the form ‘k = … rev/km’or ‘k = …
imp/km’,
— optionally, the range of speed measurement, in the form indicated in
point 1,
— should the sensitivity of the instrument to the angle of inclination be
capable of affecting the readings given by the equipment beyond the
permitted tolerances, the permissible angle expressed as:
▼M1
▼B
1985R3821 — EN — 20.11.1990 — 001.001 — 14
▼B
where αis the angle measured from the horizontal position of the
front face (fitted the right way up) of the equipment for which the
instrument is calibrated, while βand γrepresent respectively the max-
imum permissible upward and downward deviations from the angle of
calibration α.
(f)Maximum tolerances (visual and recording instruments)
1. On the test bench before installation:
(a) distance travelled:
1 % more or less than the real distance, where that distance is at least
one kilometre;
(b) speed:
3 km/h more or less than the real speed;
(c) time:
± two minutes per day with a maximum of 10 minutes per seven
days in cases where the running period of the clock after rewinding is
not less than that period.
2. On installation:
(a) distance travalled:
2 % more or less than the real distance, where that distance is at least
one kilometre;
(b) speed:
4 km/h more or less than the real speed;
(c) time:
± two minutes per day, or
± 10 minutes per seven days.
3. In use:
(a) distance travelled:
4 % more or less than the real distance, where that distance is at least
one kilometre;
(b) speed:
6 km/h more or less than the real speed;
(c) time:
± two minutes per day, or
± 10 minutes per seven days.
4. The maximum tolerances set out in points 1, 2 and 3 are valid for tem-
peratures between 0º and 40 ºC, temperatures being taken in close proxi-
mity to the equipment.
5. Measurement of the maximum tolerances set out in points 2 and 3 shall
take place under the conditions laid down in Chapter VI.
IV. RECORD SHEETS
(a)General points
1. The record sheets must be such that they do not impede the normal func-
tioning of the instrument and that the records which they contain are
indelible and easily legible and identifiable.
The record sheets must retain their dimensions and any records made on
them under normal conditions of humidity and temperature.
In addition it must be possible to write on the sheets, without damaging
them and without affecting the legibility of the recordings, the informa-
tion referred to in Article 15 (5) of the Regulation.
Under normal conditions of storage, the recordings must remain clearly
legible for at least one year.
2. The minimum recording capacity of the sheets, whatever their form, must
be 24 hours.
If several discs are linked together to increase the continuous recording
capacity which can be achieved without intervention by staff, the links
between the various discs must be made in such a way that there are no
1985R3821 — EN — 20.11.1990 — 001.001 — 15
▼B
breaks in or overlapping of recordings at the point of transfer from one
disc to another.
(b)Recording areas and their graduation
1. The record sheets shall include the following recording areas:
— an area exclusively reserved for data relating to speed,
— an area exclusively reserved for data relating to distance travelled,
— one or more areas for data relating to driving time, to other periods of
work and availability to breaks from work and to rest periods for dri-
vers.
2. The area for recording speed must be scaled off in divisions of 20 kilo-
metres per hour or less. The speed corresponding to each marking on the
scale must be shown in figures against that marking. The symbol ‘km/h’
must be shown at least once within the area. The last marking on the
scale must coincide with the upper limit of the range of measurement.
3. The area for recording distance travelled must be set out in such a way
that the number of kilometres travelled may be read without difficulty.
4. The area or areas reserved for recording the periods referred to in point 1
must be so marked that it is possible to distinguish clearly between the
various periods of time.
(c)Information to be printed on the record sheets
Each sheet must bear, in printed form, the following information:
— name and address or trade name of the manufacturer,
— approval mark for the model of the sheet,
— approval mark for the type or types of equipment in which the sheet may
be used,
— upper limit of the speed measurement range, printed in kilometres per hour.
By way of minimal additional requirements, each sheet must bear, in printed
form a time-scale graduated in such a way that the time may be read directly
at intervals of fifteen minutes while each five minute interval may be deter-
mined without difficulty.
(d)Free space for hand written insertions
A free space must be provided on the sheets such that drivers may as a mini-
mum write in the following details:
— surname and first name of the driver,
— date and place where use of the sheet begins and date and place where
such use ends,
— the registration number or numbers of the vehicle or vehicles to which the
driver is assigned during the use of the sheet,
— odometer readings from the vehicle or vehicles to which the driver is
assigned during the use of the sheet,
— the time at which any change of vehicle takes place.
V. INSTALLATION OF RECORDING EQUIPMENT
1. Recording equipment must be positioned in the vehicle in such awa y
that the driver has a clear view from his seat of speedometer, distancerecorder and clock while at the same time all parts of those instruments,
including driving parts, are protected against accidental damage.
2. It must be possible to adapt the constant of the recording equipment to
the characteristic coefficient of the vehicle by means of a suitable device,
to be known as an adaptor.
Vehicles with two or more rear axle ratios must be fitted with a switch
device whereby these various ratios may be automatically brought into
line with the ratio for which the equipment has been adapted to the vehi-
cle.
3. After the equipment has been checked on installation, an installation pla-
que shall be affixed to the vehicle beside the equipment or in the equip-
ment itself and in such a way as to be clearly visible. After every inspec-
tion by an approved fitter or workshop requiring a change in the setting
of the installation iteself, a new plaque must be affixed in place of the
previous one.
The plaque must show at least the following details:
1985R3821 — EN — 20.11.1990 — 001.001 — 16
▼B
— name, address or trade name of the approved fitter or workshop,
— characteristic coefficient of the vehicle, in the form ‘w = … rev/km’
or ‘w = … imp/km’,
— effective circumference of the wheel tyres in the form ‘1 = … mm’,
— the dates on which the characteristic coefficient of the vehicle was
determined and the effective measured circumference of the wheel
tyres.
4.Sealing
The following parts must be sealed:
(a) the installation plaque, unless it is attached in such a way that it can-
not be removed without the markings thereon being destroyed;
(b) the two ends of the link between the recording equipment proper and
the vehicle;
(c) the adaptor itself and the point of its insertion into the circuit;
(d) the switch mechanism for vehicles with two or more axle ratios;
(e) the links joining the adaptor and the switch mechanism to the rest of
the equipment;
(f) the casings required under Chapter III (a) 7.2.
In particular cases, further seals may be required on approval of the
equipment type and a note of the positioning of these seals must be made
on the approval certificate.
Only the seals mentioned in (b), (c) and (e) may be removed in cases of
emergency; for each occasion that these seals are broken a written state-
ment giving the reasons for such action must be prepared and made avail-
able to the competent authority.
VI. CHECKS AND INSPECTIONS
The Member States shall nominate the bodies which shall carry out the checks
and inspections.
1.Certification ofneworrepairedinstruments
Every individual device, whether new or repaired, shall be certified in
respect of its correct operation and the accuracy of its readings and
recordings, within the limits laid down in Chapter III (f) 1, by means of
sealing in accordance with Chapter V (4) (f).
For this purpose the Member States may stipulate an initial verification,
consisting of a check on and confirmation of the conformity of a new or
repaired device with the type-approved model and/or with the require-
ments of the Regulation and its Annexes, or may delegate the power to
certify to the manufacturers or to their authorized agents.
2.Installation
When being fitted to a vehicle, the equipment and the whole installation
must comply with the provisions relating to maximum tolerances laid
down in Chapter III (f) 2.
The inspection tests shall be carried out by the approved fitter or work-
shop on his or its responsibility.
3.Periodicinspections
(a) Periodic inspections of the equipment fitted to vehicles shall take
place at least every two years and may be carried out in conjunction
with roadworthiness tests of vehicles.
These inspections shall include the following checks:— that the equipment is working correctly,
— that the equipment carries the type approval mark,
— that the installation plaque is affixed,
— that the seals on the equipment and on the other parts of the
installation are intact,
— the actual circumference of the tyres.
(b) An inspection to ensure compliance with the provision of Chapter III
(f) 3 on the maximum tolerances in use shall be carried out at least
once every six years, although each Member State may stipulate a
shorter interval or such inspection in respect of vehicles registered in
1985R3821 — EN — 20.11.1990 — 001.001 — 17
▼B
its territory. Such inspections must include replacement of the instal-
lation plaque.
4.Measurementoferrors
The measurement of errors on installation and during use shall be carried
out under the following conditions, which are to be regarded as constitut-
ing standard test conditions:
— vehicle unladen, in normal running, order
— tyre pressures in accordance with the manufacturer's instructions,— tyre wear within the limits allowed by law,— movement of the vehicle: the vehicle must proceed, driven by its own
engine, in a straight line and on a level surface, at a speed of 50 ± 5
km/h; provided that it is of comparable accuracy, the test may also be
carried out on an appropriate test bench.
1985R3821 — EN — 20.11.1990 — 001.001 — 18
▼B
ANNEX II
APPROVAL MARK AND CERTIFICATE
I. APPROVAL MARK
1. The approval mark shall be made up of:
— a rectangle, within which shall be placed the letter ‘e’ followed by a dis-
tinguishing number or letter for the country which has issued the
approval in accordance with the following conventional signs:
Belgium 6,
Denmark 18,
Germany 1,
Greece GR,
Spain 9,
France 2,
Ireland IRL,
Italy 3,
Luxembourg 13,
Netherlands 4,
Portugal 21,
United Kingdom 11,
and
— an approval number corresponding to the number of the approval certifi-
cate drawn up for prototype of the recording equipment or the record
sheet, placed at any point within the immediate proximity of this rectan-
gle.
2. The approval mark shall be shown on the descriptive plaque of each set of
equipment and on each record sheet. It must be indelible and must always
remain clearly legible.
3. The dimensions of the approval mark drawn below are expressed in milli-
metres, these dimensions being minima. The ratios between the dimensions
must be maintained.

1985R3821 — EN — 20.11.1990 — 001.001 — 19
▼B
II. APPROVAL CERTIFICATE
A State having granted approval shall issue the applicant with an approval certificate, the model
for which is given below. When informing other Member States of approvals issued or, if the
occasion should arise, withdrawn, a Member State shall use copies of that certificate.