1985R3821 — EN — 01.01.1996 — 005.001 — 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
►M2Council Regulation (EEC) No 3572/90 of 4 December 1990 L 353 12 17.12.1990
►M3Commission regulation (EEC) No 3688/92 of 21 December 1992 L 374 12 22.12.1992
►M4Commission Regulation (EC) No 2479/95 of 25 October 1995 L 256 8 26.10.1995
►M5Commission Regulation (EC) No 1056/97 of 11 June 1997 L 154 21 12.6.1997
Amended by:
►A1Act of Accession of Austria, Sweden and Finland C 241 21 29.8.1994
(adapted by Council Decision 95/1/EC, Euratom, ECSC) L 1 1 1.1.1995
▼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 Committee(3),
Whereas Regulation (EEC) No 1463/70(4) as last amended by
Regulation (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 brought
together in a single text, and in consequence thereof, Regulation (EEC)No 1463/70 of the Council should be repealed; whereas, however, theexemptions set out in Article 3 (1) for certain passenger services shouldbe maintained in force for a certain time;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 harmonizationof certain social legislation relating to road transport(
6) is 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; whereas furthermore
certain of such vehicles may, without giving rise to difficulty, 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 limited time
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 recordingequipment should in particular be capable of providing, on separate
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 to roadsafety and will encourage sensible driving of the vehicle; whereas,consequently, it appears appropriate to provide for the equipment 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 approvalprocedure, 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 such
equipment being used;
Whereas, in the event of differences of opinion between Member States
concerning cases of EEC type approval, the Commission should be1985R3821 — EN — 01.01.1996 — 005.001 — 2
(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.
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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
preventing abuses to issue drivers who so request with a copy of theirrecord sheets;
Whereas, in order to achieve the aims hereinbefore mentioned of
keeping a check on work and rest periods, it is necessary that employersand drivers be responsible for seeing that the equipment functionscorrectly and that they perform with due care the operations prescribed;
Whereas the provisions governing the number of record sheets that a
driver must keep with him must be amended following the replacementof the flexible week by a fixed week;
Whereas technical progress necessitates rapid adaptation of the technical
specifications set out in the Annexes to this Regulation; whereas, inorder to facilitate the implementation of the measures necessary for thispurpose, provision should be made for a procedure establishing close
cooperation between the Member States and the Commission within an
Advisory Committee;
Whereas Member States should exchange the available information on
breaches established;
Whereas, in order to ensure that recording equipment functions reliably
and correctly, it is advisable to lay down uniform requirements for theperiodic 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, whichshall 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 ofpassengers or goods by road, except the vehicles referred to in Articles 4
and 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 granted
under this paragraph.
3. Member States may, after authorization by the Commission,
exempt from application of this Regulation vehicles used for the
transport 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 to theCommission. The Commission shall notify the other Member States ofany 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 accordancewith this Regulation in any of the vehicles for which its installation anduse are not required by paragraph 1.1985R3821 — EN — 01.01.1996 — 005.001 — 3
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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 appropriatespecifications, by the manufacturer or his agent to a Member State. Noapplication in respect of any one type of recording equipment or of anyone model record sheet may be submitted to more than 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 conformto the approved prototype.
Any modifications or additions to an approved model must receive
additional EEC type approval from the Member State which granted theoriginal 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 approve pursuant
to Article 5.
Article 7
The competent authorities of the Member State to which the application
for type approval has been submitted shall, in respect of each type ofrecording equipment or model record sheet which they approve or refuseto approve, either send within one month to the authorities of the other
Member States a copy of the approval certificate accompanied by copies
of the relevant specifications, or, if such is the case, notify thoseauthorities that approval has been refused; in cases of refusal they shallcommunicate the reasons for their decision.
Article 8
1. If a Member State which has granted EEC type approval as
provided for in Article 5 finds that certain recording equipment or recordsheets bearing the EEC type approval mark which it has issued do not
conform to the prototype which it has approved, it shall take the
necessary measures to ensure that production models conform to theapproved prototype. The measures taken may, if necessary, extend towithdrawal 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 or itsAnnexes or displays in use any general defect which makes it unsuitablefor the purpose for which it is intended.
3. If a Member State which has granted EEC type approval is notified
by another Member State of one of the cases referred to in paragraphs 1and 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 placing on
the market and putting into service of the recording equipment or record
sheets. The same applies in the cases mentioned in paragraph 1 withrespect to recording equipment or record sheets which have beenexempted from EEC initial verification, if the manufacturer, after duewarning, does not bring the equipment into line with the approved modelor with the requirements of this Regulation.1985R3821 — EN — 01.01.1996 — 005.001 — 4
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In any event, the competent authorities of the Member States shall notify
one another and the Commission, within one month, of any withdrawalof EEC type approval or of any other measures taken pursuant 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
disputes the existence of any of the cases specified in paragraphs 1 or 2notified to it, the Member States concerned shall endeavour to settle thedispute 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 above, the Commission, after consulting experts from all
Member States and having considered all the relevant factors, e.g.economic and technical factors, shall within six months adopt a decisionwhich shall be communicated to the Member States concerned and at thesame time to the other Member States. The Commission shall lay downin each instance the time limit for implementation of its 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 equipment 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 thesheet.
2. The competent authorities of each Member State shall indicate on
the approval certificate for the model record sheet the type or types ofrecording 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 fitted
with such equipment, if the equipment bears the EEC approval mark
referred to in Article 6 and the installation plaque referred to in Article12.
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 shall becommunicated 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.
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 Member State
shall maintain a register of the marks used.
3. The competent authorities of the Member States shall send each
other their lists of approved fitters or workshops and also copies of themarks used.
4. For the purpose of certifying that installation of recording
equipment took place in accordance with the requirements of thisRegulation an installation plaque affixed as provided in Annex I shall beused.1985R3821 — EN — 01.01.1996 — 005.001 — 5
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5. Any seal may be removed by the fitters or workshops approved by
competent authorities under paragraph 1 of this Article, or in thecircumstances described in Annex I, Chapter V, paragraph 4 to this
Regulation.
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 incharacter, the length of the period of service and the possible obligationto replace sheets which are damaged, or have been taken by an
authorized inspecting officer. The employer shall issue to drivers only
sheets of an approved model suitable for use in the equipment installedin the 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 concerned
who request them. The sheets shall be produced or handed over at therequest 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. The recordsheet shall not be withdrawn before the end of the daily working periodunless its withdrawal is otherwise authorized. No record sheet may beused to cover a period longer than that for which it is intended.
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 indicated inparagraph 3, second indent (b), (c) and (d) below shall be entered on thesheet, either manually, by automaticrec ording or other means, 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 information referred toin 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:
— 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 a bunk while the vehicle is in motion;1985R3821 — EN — 01.01.1996 — 005.001 — 6
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(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 and then, in the
event of a change 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 reading on thevehicle 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 of the
check without permanently deforming, damaging or soiling the sheet.
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 he drove.
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, assoon 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 discovery 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 caseswhere breakown or faulty operation has not been put right as provided 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 temporary sheetto be attached to the record sheet, all information for the various periodsof time which is not recorded correctly by the equipment.
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 Article18.
Article 18
1. A Committee for the adaptation of this Regulation to technical
progress (hereinafter called ‘the Committee’) is hereby set up; it shallconsist of representatives of the Member States, and a representative ofthe Commission shall be chairman.1985R3821 — EN — 01.01.1996 — 005.001 — 7
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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 onhis own initiative or at the request of the representative of a MemberState.
4. The Commission representative shall submit to the Committee a
draft of the measures to be taken. The Committee shall give its opinion
on that draft within a time limit set by the chairman having regard to the
urgency of the matter. Opinions shall be delivered by a qualifiedmajority in accordance with Article 148 (2) of the Treaty. The chairmanshall 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, the
Commission shall without delay submit to the Council a proposalon the measures to be taken. The Council shall act by a qualifiedmajority.
(c) If the Council has not acted within three months of the proposal
being submitted to it, the proposed measures shall be adopted by
the Commission.
Article 19
1. Member States shall, in good time and after consulting the
Commission, adopt such laws, regulations or administrative provisions
as may 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 penalties
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 regular
international passenger services in so far as the vehicles used for suchservices are not fitted with recording equipment used as prescribed inthis Regulation.
Article 20a
This Regulation shall not apply until 1 January 1991 to vehicles
registered in the territory of the former German Democratic Republicbefore that date.
This Regulation shall not apply until 1 January 1993 to such vehicles
where they are engaged only in national transport operations in theterritory of the Federal Republicof Germany. However, this Regulationshall apply as from its entry into force to vehicles engaged in thecarriage of dangerous goods.1985R3821 — EN — 01.01.1996 — 005.001 — 8
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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 — 01.01.1996 — 005.001 — 9
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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
vehicles 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 a
continuous record of the information 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
measurement 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),1985R3821 — EN — 01.01.1996 — 005.001 — 10
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— time (clock).
1.2. Recording instruments comprising:
— a recorder of the distance travelled,
— a speed 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
electrical 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.1985R3821 — EN — 01.01.1996 — 005.001 — 11
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(b)Visual instruments
1.Distancetravelled indicator (distancerecorder)
1.1. The value of the smallest grading on the instrument showing distance
travelled 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
graduation (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 figures.
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 correctly, 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 marking 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 recording,
— 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,
— 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 between1985R3821 — EN — 01.01.1996 — 005.001 — 12
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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
Regulation 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 legibility
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
equipment:
— close to the figure shown by the distance recorder, the unit of
measurement 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:
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 maximum1985R3821 — EN — 01.01.1996 — 005.001 — 13
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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
temperatures between 0º and 40 ºC, temperatures being taken in close
proximity 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
functioning 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 information
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
breaks in or overlapping of recordings at the point of transfer from one disc
to another.1985R3821 — EN — 01.01.1996 — 005.001 — 14
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(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 drivers.
2. The area for recording speed must be scaled off in divisions of 20
kilometres 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 determined
without difficulty.
(d)Free space for hand written insertions
A free space must be provided on the sheets such that drivers may as a minimum
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 a way that
the driver has a clear view from his seat of speedometer, distance recorder
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 vehicle.
3. After the equipment has been checked on installation, an installation plaque
shall be affixed to the vehicle beside the equipment or in the equipment
itself and in such a way as to be clearly visible. After every inspection 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:
— 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’,1985R3821 — EN — 01.01.1996 — 005.001 — 15
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— 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 cannot
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;
(g) any cover giving access to the means of adapting the constant of the
recording equipment to the characteristic coefficient of the vehicle.
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.
►M3The seals mentioned in (b), (c) and (e) are authorized to be removed:
— in case of emergency,
— to install, to adjust or to repair a speed limitation device or any other
device contributing to road safety,
provided that the recording equipment continues to function reliably and
correctly and is resealed by an approved fitter or workshop immediately
after fitting the speed limitation device or any other device contributing to
road safety or within seven days in other cases ◄; for each occasion that
these seals are broken a written statement giving the reasons for such action
must be prepared and made available to the competent authority.
5. The cables connecting the recording equipment to the transmitter must be
protected by a continuous plastic-coated rust-protected steel sheath with
crimped ends except where an equivalent protection against manipulation is
guaranteed by other means (for example by electronic monitoring such as
signal encryption) capable of detecting the presence of any device, which is
unnecessary for the correct operation of the recording equipment and whose
purpose is to prevent the accurate operation of the recording equipment by
short circuiting or interruption or by modification of the electronic data
from the speed and distance sensor. A joint, comprised of sealed
connections, is deemed to be continuous within the meaning of this
Regulation.
The aforementioned electronic monitoring may be replaced by an electronic
control which ensures that the recording equipment is able to record any
movement of the vehicle, independent from the signal of the speed and
distance sensor.
For the purpose of the application of the present point, M 1 and N 1 vehicles
are those defined in Part A of Annex II to Council Directive 70/156/EEC(1).
For those vehicles that are equipped with tachographs in compliance with
the Regulation and are not designed to install an armoured cable between
the distance and speed sensors and the recording equipment, then an adaptor
shall be fitted as close as possible to the distance and speed sensors.
The armoured cable shall be fitted from the adaptor to the recording
equipment.
VI. CHECKS AND INSPECTIONS
The Member States shall nominate the bodies which shall carry out the checks
and inspections.1985R3821 — EN — 01.01.1996 — 005.001 — 16
(1) OJ No L 42, 23. 2. 1970, p. 1.▼M3
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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 requirements
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 workshop
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 its
territory. Such inspections must include replacement of the installation
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 constituting
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 — 01.01.1996 — 005.001 — 17
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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
distinguishing 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,
Austria 12,
Finland 17,
Sweden 5,
and
— an approval number corresponding to the number of the approval
certificate drawn up for prototype of the recording equipment or the
record sheet, placed at any point within the immediate proximity of this
rectangle.
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
millimetres, these dimensions being minima. The ratios between the
dimensions must be maintained.
1985R3821 — EN — 01.01.1996 — 005.001 — 18
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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.
1985R3821 — EN — 01.01.1996 — 005.001 — 19