1998R2135 — EN — 10.10.1999 — 000.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B ►C1 COUNCIL REGULATION
(EC) No 2135/98
of 24 September 1998 amending Regulation (EEC) No 3821/85 on recording equipment in road
transport and Directive 88/599/EEC concerning the application of Regulations (EEC) No 3820/85
and (EEC) No 3821/85 ◄
(OJ L 274, 9.10.1998, p. 1)
Corrected by:
►C1Corrigendum, OJ L 49, 25.2.1999, p. 46(2135/98)
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▼C1
COUNCIL REGULATION
(EC) No 2135/98
of 24 September 1998 amending Regulation (EEC) No 3821/85 on
recording equipment in road transport and Directive 88/599/EECconcerning the application of Regulations (EEC) No 3820/85 and
(EEC) No 3821/85
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B
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and
in particular Article 75(1)(c) and (d) thereof,
Having regard to the proposal from the Commission(1),
Having regard to the opinion of the Economic and Social Committee(2),
Acting in accordance with the procedure laid down in Article 189c of
the Teaty(3),
(1)Whereas Council Regulation (EEC) No 3821/85 of 20 December1985 on recording equipment in road transport(
4) lays down
provisions concerning the construction, installation, use andtesting of recording equipment in road transport;
(2)Whereas experience has shown that the economic pressures andcompetition in road transport have led some drivers employed byroad haulage companies to flout certain rules, particularly thoseconcerning the driving and rest times laid down in CouncilRegulation (EEC) No 3820/85 of 20 December 1985 on theharmonisaton of certain social legislation relating to road trans-port (
5);
(3)Whereas blatant infringements and fraud present a road safetyhazard and are unacceptable for reasons of competition for theindividual driver who does respect the rules;
(4)Whereas road safety would be improved by the automaticrecording and regular monitoring, both by the undertaking and bythe competent authorities, of details of the driver’s performanceand behaviour and of the vehicle’s journey, such as speed anddistance covered;
(5)Whereas Community social regulations contain certain require-ments for limits on the daily driving and rest time and also forthe total driving and rest time, for up to two weeks; whereas it isdifficult to monitor compliance with these requirements giventhat data are recorded on several daily record sheets, out of whichthe record sheets for the current week and the last day of theprevious week are to be stored in the cab;
(6)Whereas, to put an end to the most common abuses of the presentsystem, it is therefore necessary to introduce new advancedequipment such as recording equipment fitted with an electronicdevice for storing relevant information and a personal driver card,so ensuring that the data recorded are retrievable, intelligiblewhen printed out, and reliable, and that they provide anindisput-
(1) OJ C 243, 31.8.1994, p. 8 and OJ C 370, 31.12.1985, p. 1.
(2) OJ C 110, 21.4.1995, p. 19.
(3) Opinion of the European Parliament of 13 July 1995 (OJ C 249,
25.9.1995, p. 128), Council Common Position of 11 December 1997 (OJC 43, 9.2.1998, p. 6) and Decision of the European Parliament of 31March 1998 (OJ C 138, 4.5.1998, p. 26).
(
4) OJ L 370, 31.12.1985, p. 8. Regulation as last amended by Commission
Regulation (EC) No 1056/97 (OJ L 154, 12.6.1997, p. 21).
(5) OJ L 370, 31.12.1985, p. 1.
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able record of the work done by both the driver over the last few
days and by the vehicle over a period of several months;
(7)Whereas the total security of the system and its components isessential if recording equipment is to function efficiently;
(8)Whereas provisions need to be established to govern the condi-tons under which the memory cards provided for in Annex IBmay be issued and used;
(9)Whereas the data on drivers’ activities must be verifiable by thedrivers themselves, by the companies that employ them and bythe competent authorities of the Member States; whereas,however, only data relevant to their respective activities shouldbe accessible to a driver and his company;
(10)Whereas the recording equipment provided for in this Regulationmust be installed on vehicles put into service for the first timeafter publication in the Official Journal of the European
Communities of the technical specifications some of which are
defined by the Commission in accordance with the committeeprocedure referred to in Article 18 of Regulation (EEC) No3821/85; whereas a tansitional period is needed to allow newrecording equipment to be manufactured in accordance withthose technical specifications and granted EC component type-approval;
(11)Whereas it is desirable that recording equipment complying withAnnex IB should also offer the possibility of low-cost expansionof its functions for fleet management;
(12)Whereas, in accordance with the principle of subsidiarity,Community action is necessary to amend Regulation (EEC) No3821/85 in order to ensure that recording equipment complyingwith Annex IB is compatible with driver cards and that the dataproduced by recording equipment complying with Annexes I andIB are consistent;
(13)Whereas technical progress necessitates the prompt adoption ofthe technical requirements laid down in the Annexes to thisRegulation; whereas, in order to facilitate the implementation ofthe measures needed for this purpose, provision should be madefor technical adaptations of those Annexes to be approved by theCommission, acting in accordance with the committee procedureas set out in Council Decision 87/373/EEC of 13 July 1987laying down the procedures for the exercise of implementingpowers conferred on the Commission(
1);
(14)Whereas the introduction of new recording equipment means thatcertain provisions of Directive 88/599/EEC (
2) concering the
application of Regulations (EEC) No 3820/85 and (EEC) No3821/85 need to be amended,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 3821/85 is hereby amended as follows:
1. in Article 1 the words
‘and of Annexes I and II thereto' shall be replaced by ‘and of
Annexes I or IB and II thereto';
2. Articles 4, 5, 6, 7, 8 and 11 shall be amended by adding the words
‘or memory card' where reference is made to ‘record sheet' or
‘record sheets';
(1) OJ L 197, 18.7.1987, p. 33.
(2) OJ L 325, 29.11.1988, p. 55.
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3. in Article 4 the following subparagraph shall be inserted before the
first subparagraph:
‘For the purposes of this Chapter, the words “recording equipment”
shall mean “recording equipment or its components”.';
4. in Article 5, the first subparagraph shall be replaced by the
following:
‘A Member State shall grant EC component type-approval to any
type of recording equipment, to any model record sheet or memorycard which conforms to the requirements laid down in Annex I orIB to this Regulation, provided the Member State is in a position tocheck that production models conform to the approved type.
The system’s security must comply with the technical requirements
laid down in Annex IB. The Commisson, acting in accordance withthe procedure laid down in Article 18, shall ensure that the saidAnnex stipulates that recording equipment may not be granted ECcomponent type-approval until the whole system (the recordingequipment itself, driver card and electrical gearbox connections)has demonstrated its capacity to resist attempts to tamper with oralter the data on driving times. The tests necessary to establish thisshall be carried out by experts familiar with up to date tamperingtechniques.';
5. in Article 12:
(a) the following shall be added to paragraph 1:
‘The period of administrative validity of approved workshop
and fitter cards shall not exceed one year.
If a card issued to an approved workshop or fitter is to be
extended, is damaged, malfunctions, is lost or is stolen, theauthority shall supply a replacement card within five workingdays of receiving a detailed request to that effect.
Where a new card is issued to replace an old one, the new card
shall bear the same “workshop” information number, but theindex shall be increased by one. The authority issuing the cardshall maintain a register of lost, stolen or defective cards.
Member States shall take any measure necessary to prevent the
cards distributed to approved fitters and workshops from beingfalsified.';
(b) paragraph 2 shall be replaced by the following:
‘2. the approved fitter or workshop shall place a special
mark on the seals which it affixes and, in addition, shall enterfor recording equipment in conformity with Annex IB, theelectronic security data for carrying out, in particular, theauthentication checks. The competent authorities of eachMember State shall maintain a register of the marks and elec-tronic security data used and of approved workshop and fittercards issued.';
(c) paragraph 3 shall be replaced by the following:
‘3. The competent authorities of the Member States shall
forward to the Commission the lists of approved fitters andworkshops and the cards issued to them and shall forward to itcopies of the marks and of the necessary information relating tothe electronic security data used.';
(d) in paragraph 4 the reference to
‘Annex I' shall be replaced by a reference to ‘Annexes I and
IB';
(e) in paragraph 5 the words
‘or in Annex IB section VI(c)' shall be in inserted after the
words ‘paragraph 4';
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6. Article 13 shall be replaced by the following:
‘Article 13
The employer and drivers shall ensure the correct functioning and
proper use of, on the one hand, the recording equipment and, on theother, the driver card where a driver is required to drive a vehiclefitted with recording equipment in conformity with Annex IB.';
7. in Article 14:
(a) paragraph 1 shall be replaced by the following:
‘1. The employer shall issue a sufficient number of record
sheets to drivers of vehicles fitted with recording equipment inconformity with Annex I, bearing in mind the fact that thesesheets are personal in character, the length of the period ofservice and the possible obligation to replace sheets which aredamaged, or have been taken by an authorised inspectingofficer. The employer shall issue to drivers only sheets of anapproved model suitable for use in the equipment installed inthe vehicle.
Where the vehicle is fitted with recording equipment in
conformity with Annex IB, the employer and the driver shallensure that, taking into account the length of the period ofservice, the printing on request referred to in Annex IB can becarried out correctly in the event of an inspection.';
(b) the following paragraphs shall be added:
‘3. The driver card as defined in Annex IB shall be issued, at
the request of the driver, by the competent authority of theMember State where the driver has his normal residence.
A Member State may require any driver subject to the provi-
sions of Regulation (EEC) No 3820/85 and normally residenton its territory to hold a driver card.
(a) For the purposes of this Regulation “normal residence”
means the place where a person usually lives, that is for atleast 185 days in each calendar year, because of personaland occupational ties, or, in the case of a person with nooccupational ties, because of personal ties which showclose links between that person and the place where he isliving.
However, the normal residence of a person whose occupa-
tional ties are in a different place from his personal ties andwho consequently lives in turn in differnt places situated intwo or more Member States shallbe regarded as being theplace of his personal ties, provided that such person returnsthere regularly. This last condition need not be met wherethe person is living in a Member State in order to carry outa fixed-term assignment.
(b) Drivers shall give proof of their place of normal residence
by any appropriate means, such as their identity card or anyother valid document.
(c) Where the competent authorities of the Member State
issuing the driver card have doubts as to the validity of astatement as to normal residence made in accordance withpoint (b), or for the purpose of ceratin specific controls,they may request any additional information or evidence.
(d) The competent authorities of the issuing Member State
shall, as far as this can be done, ensure that the applicantdoes not already hold a valid driver card.
4. (a) The competent authority of the Member State shall
personalise the driver card in accordance with theprovisions of Annex IB.
For administarative purposes, the driver card may not
be valid for more than five years.
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The driver may hold one valid driver card only. The
driver is authorised to use only his own personaliseddriver card. The driver shall not use a driver cardwhich is defective or which has expired.
When a new driver card is issued replacing the old,
the new card shall bear the same driver card issuenumber but the index shall be increased by one. Theissuing authority shall keep records of issued, stolen,lost or defective driver cards for a period at leastequivalent to their period of administrative validity.
If the driver card is damaged, malfunctions or is lost
or stolen, the authority shall supply a replacementcard within five working days of receiving a detailedrequest to that effect.
In the event of a request for the renewal of a card
whose expiry date is approaching, the authority shallsupply a new card before the expiry date providedthat the request was sent to it within the time limitslaid down in the second subparagraph of Article15(1).
(b) Driver cards shall be issued only to applicants who
are subject to the provisions of Regulation (EEC) No3820/85.
(c) The driver card shall be personal. It may not, during
its official period of validity, be withdrawn orsuspended for whatever reason unless the competentauthority of a Member State finds that the card hasbeen falsified, or the driver is using a card of whichhe is not the holder, or that the card held has beenobtained on the basis of false declarations and/orforged documents. If such suspension or withdrawalmeasures are taken by a Member State other than theMember State of issue, the former shall return thecard to the authorities of the Member State whichissued it and shall indicate the reasons for returning it.
(d) Driver cards issued by Member States shall be mutu-
ally recognised.
Where the holder of a valid driver card issued by a
Member State has established his normal place ofresidence in another Member State, he may ask forhis card to be exchanged for an equivalent drivercard; it shall be the responsibility of the MemberState which carries out the exchange to verify ifnecessary whether the card produced is actually stillvalid.
Member States carrying out an exchange shall return
the old card to the authorities of the Member State ofissue and inidcate the reasons for so doing.
(e) Where a Member State replaces or exchanges a driver
card, the replacement or exchange, and any subse-quent replacement or renewal, shall be registered inthat Member State.
(f) Member States shall take all the necessary measures
to prevent any possibility of driver cards being falsi-fied.
5. Member States shall ensure that data needed to monitor
compliance with Regulation (EEC) No 3820/85 and CouncilDirective 92/6/EEC of 10 February 1992 on the installation anduse of speed limitation devices for certain categories of motorvehicles in the Community (*) which are recorded and storedby recording equipment in conformity with Annex IB to thisRegulation can be made available for at least 365 days afterthedate of their recording and that they can be made available
(*) OJ L 57, 2.3.1992, p.27.
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under conditions that guarantee the security and accuracy of the
data.
Member States shall take any measures necessary to ensure that
the resale or decommissioning of recording equipment cannotdetract, in particular, from the satisfactory application of thisparagraph.';
8. in Article 15:
(a) paragraph 1 and paragraph 2, first subparagraph, shall be
amended by adding the words ‘or driver card'where referenceis made to ‘record sheet' or ‘record sheets';
(b) in paragraph 1:
— the following subparagraph shall be inserted after the first
subparagraph: ‘Where a driver wishes to renew his drivercard, he shall apply to the competent authorities of theMember State in which he has his normal residence notlater than 15 working days before the expiry date of thecard.';
— the following fourth subparagraph shall be added: ‘If the
driver card is damaged, malfunctions or is lost or stolen, thedriver shall apply within seven calendar days for its replace-ment to the competent authorities of the Member State inwhich he has his normal residence.';
(c) after Article 5 the following paragraph shall be inserted:
‘5a. The driver shall enter in the recording equipment in
conformity with Annex IB the symbols of the countries inwhich he begins and ends his daily work period. However, aMember State may require drivers of vehicles engaged in trans-port operations inside its territory to add more detailedgeographic specifications to the country symbol provided thatthe Member State has notified them to the Commission before1 April 1998 and that they do not number more than 20.
The above data entries shall be activated by the driver, and may
be entirely manual or automatic if the recording equipment islinked to a satellite tracking system.';
(d) at the beginning of the first subparagraph of paragraph 6the
word
‘equipment'shall be replaced by ‘recording equipment defined
in Annex I';
(e) paragraph 7 shall be replaced by the following:
‘7. Where the driver drives a vehicle fitted with recording
equipment in conformity with Annex I, he must be able toproduce, whenever an inspecting officer so requests:
— the record sheets for the current week and, in any event, the
sheet for the last day on which he drove during the previousweek,
— the driver card if he holds one, and— print-outs from the recording equipment defined in Annex
IB relating to the periods of time indicated in paragraph 3,second indent, (a), (b), (c) and (d) if he drove a vehiclefitted with such recording equipment during the periodreferred to in the first indent of this paragraph.
Where the driver drives a vehicle fitted with recording equip-
ment in conformity with Annex IB, he must be able to produce,whenever an inspecting officer so requests:
— the driver card of which he is the holder,
— the record sheets corresponding to the same period as the
one referred to in the first indent of the previous subpara-graph during which he drove a vehicle fitted with recordingequipment in conformity with Annex I.
An authorised inspecting officer may check compliance with
Regulation (EEC) No 3820/85 by analysis of the record sheets,of the displayed or printed data which have been recorded by
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the recording equipment or by the driver card or, failing this, by
analysis of any other supporting document that justifies non-compliance with a provision, such as those laid down in Article16(2) and (3).';
(f) the following paragraph shall be added:
‘8. It shall be forbidden to falsify, suppress or destroy data
recorded on the record sheet, stored in the recording equipmentor on the driver card, or print-outs from the recording equip-ment as defined in Annex IB. The same applies to any manipu-lation of the recording equipment, recordsheet or driver cardwhich may result in data and/or printed information beingfalsified, suppressed or destroyed. No device which could beused to this effect shall be present on the vehicle.';
9. in Article 16:
(a) paragraph 2 shall be replaced by the following:
‘2. While the recording equipment is unserviceable or
malfunctioning, drivers shall mark on the record sheet orsheets, or on a temporary sheet to be attached to the recordsheet or to the driver card, on which he shall enter dataenabling him to be identified (driver’s card number and/orname and/or driving licence number), including his signature,all information for the various periods of time which are nolonger recorded or printed out correctly by the recording equip-ment.
If a driver card is damaged, malfunctions or is lost or stolen,
the driver shall, at the end of his journey, print out the informa-tion relating to the periods of time recorded by the recordingequipment and mark on that document the details that enablehim to be identified (the driver card number and/or name and/ordriving licence number), including his signature.';
(b) the following paragraph shall be added:
‘3. If a driver card is damaged or if it malfunctions, the
driver shall return it to the competent authority of the MemberState in which he has his normal residence. Theft of the drivercard shall be the subject of a formal declaration to thecompetent authorities of the State where the theft occurred.
Loss of the driver card must be reported in a formal declaration
to the competent authorities of the State that issued it and to thecompetent authorities of the Member State of normal residencewhere they are different.
The diver may continue to drive without a driver card for a
maximum period of 15 calendar days or for a longer period ifthis is necessary for the vehicle to return to its premises,provided he can prove the impossibility of producing or usingthe card during this period.
Where the authorities of the Member State in which the driver
has his normal residence are different from those which issuedhis card and where the latter are requested to renew, replace orexchange the driver card, they shall inform the authoritieswhich issued the old card of the precise reasons for its renewal,replacement or exchange.';
10. Article 17 shall be replaced by the following:
‘Article 17
1. The amendments necessary to adapt the Annexes to technical
progress shall be adopted in accordance with the procedure laiddown in Article 18.
2. The technical specifications relating to the following sections
of Annex IB shall be adopted as soon as possible and if possiblebefore 1 July 1998 by the same procedure:
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(a) Chapter II
— (d) 17:
displaying and printing of faults in the recording equipment,
— (d) 18:
displaying and printing of faults in the driver card,
— (d) 21:
displaying and printing of summary reports;
(b) Chapter III
— (a) 6.3:
standards for the protection of vehicle electronics against
electrical interference and magnetic fields,
— (a) 6.5:
protection (security) of the total system,
— (c) 1:
warning signals indicating the internal malfunctioning of
the recording equipment,
— (c) 5:
format of the warnings,
— (f):
maximum tolerances;
(c) Chapter IV, A:
—4 :
standards,
—5 :
security, including data protection,
—6:
temperature range,
—8 :
electrical characteristics,
—9 :
logical structure of the driver card,
— 10:
functions and commands,
— 11:
elementary files;
and Chapter IV, B;
(d) Chapter V:
printer and standard print-outs.';
11. Article 18 shall be replaced by the following:
‘Article 18
1. Where reference is made to the procedure laid down in this
Article, the Commission shall be assisted by a committee composedof the representatives of the Member States and chaired by therepresentative of the Commission.
2. The representative of the Commission shall submit to the
committee a draft of the measures to be taken. The committee shalldeliver its opinion on the draft within a time limit which thechairman may lay down according to the urgency of the matter. Theopinion shall be delivered by the majority laid down in Article148(2) of the Treaty in the case of decisions which the Council isrequired to adopt on a proposal from the Commission. The votes ofthe representatives of the Member States within the committee shallbe weighted in the manner set out in that Article. The chairmanshall not vote.
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3. (a) The Commission shall adopt the measures envisaged if they
are in accordance with the opinion of the committee.
(b) If 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 aproposal relating to the measures to be taken. The Councilshall act by a qualified majority.
If, on the expiry of a period of three months from the date
of referral to the Council, the Council has not acted, theproposed measures shall be adopted by the Commission.';
12. Annex IB, as contained in the Annex to the present Regulation, is
hereby added.
Article 2
1. (a) 24 months from the date of publication in the OfficialJournalof
the European Communities of the act to be adopted pursuant to
Article 17(2) of Regulation (EEC) No 3821/85, as amended bythis Regulation, vehicles put into service for the first time mustbe fitted with recording equipment in accordance with therequirements of Annex IB to Regulation (EEC) No 3821/85.
(b) As from the date of entry into force of the provisions of subpara-
graph (a), vehicles used for the carriage of persons containingmore than eight seats apart from the driver’s seat and having amaximum weight exceeding 10 tonnes, and also vehicles usedfor the carriage of goods having a maximum weight exceeding12 tonnes, registered for the first time as from 1 January 1996,shall in so far as the transmission of signals to the recordingequipment with which they are fitted is exclusively electrical,satisfy the requirements of Annex IB to Regulation (EEC) No3821/85 when the equipment in question is replaced.
2. Member States shall take the necessary measures to ensure that
they are able to issue driver cards no later than 21 months following thedate of publication of the act referred to in paragaph 1(a).
3. In the event that 12 months after the date of publication of the act
referred to in paragraph 1, EC type-approval has not been granted toany item of recording equipment which conforms to the requirements ofAnnex IB to Regulation (EEC) No 3821/85, the Commission shallsubmit a proposal to the Council for an extension of the deadline laiddown in paragraphs 1 and 2.
4. Drivers who, before the date laid down in paragraph 2, drive
vehicles fitted with recording equipment conforming to the require-ments of Annex IB to Regulation (EEC) No 3821/85 for which thecompetent authorities have not yet been able to issue a driver card shallat the end of their daily work period print out the informationconcerning the various periods of time recorded by the recording equip-ment and shall indicate their identification details on the print-out (nameand driving licence number), and sign it.
Article 3
Directive 88/599/EEC is hereby amended as follows:
1. Article 3(2) shall be replaced by the following: ‘2. The elements
of roadside checks are:
— daily driving periods, breaks and daily rest periods; in the case of
clear indications of irregularities, also the preceding days’ recordsheets which have to be carried on board the vehicle in accord-ance with Article 15(7) of Regulation (EEC) No 3821/85 asamended by Regulation (EC) No 2135/98 (**) and/or the datastored for the same period on the driver card and/or in the
(**) Council Regulation (EC) No 2135/98 of 24 September 1998 amending
Regulation (EEC) No 3821/85 on recording equipment in road transportand Directive 88/599/EEC concerning the procedures for applying Regu-lations (EEC) No 3820/85 and (EEC) No 3821/85 (OJ L 274, 9.10.1998,p. 1).
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memory of the recording equipment in conformity with Annex
IB,
— for the period referred to in Article 15(7) of Regulation (EEC)
No 3821/85, any cases where the vehicle’s authorised speed isexceeded, to be defined as being any periods of more than1 minute during which the vehicle’s speed exceeds 90 km/h forcategory N
3vehicles or 105 km/h for category M3vehicles (cate-
gories N3and M3being as defined in Annex I to Directive
70/156/EEC) (***),
— where appropriate, momentary speeds attained by the vehicle as
recorded by the recording equipment in no more than theprevious 24 hours’ use of the vehicle,
— last weekly rest period, where appropriate,— correct functioning of the recording equipment (determination of
possible misuse of the equipment and/or the driver card and/orrecord sheets) or, where appropriate, presence of the documentsreferred to in Article 14(5) of Regulation (EEC) No 3820/85.';
2. Article 4(3) shall be replaced by the following: ‘3. For the
purposes of this Article, checks carried out at the premises of thecompetent authorities, on the basis of relevant documents and/or datahanded over by undertakings at the request of the said authorities,shall have the same status as checks carried out at the premises ofundertakings.'.
Article 4
This Regulation shall enter into force on the day following its publica-
tion in the Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable in
all Member States.
(***) Council Directive 70/156/EEC of 6 February 1970 on the approxima-
tion of the laws of the Member States relating to the type-approval ofmotor vehicles and their trailers (OJ L 42, 23.2.1970, p. 1). Directiveas last amended by Directive 97/27/EC (OJ L 233, 25.8.1997, p. 1).
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ANNEX
‘ANNEX I(B)
REQUIREMENTS FOR CONSTRUCTION, TESTING, INSTALLATION,
AND INSPECTION
I. DEFINITIONS
In this Annex:
(a)“recording equipment” means:
the total equipment intended for installation in road vehicles to show,
record and store automatically or semi-automatically details of themovement of such vehicles and of certain work periods of their drivers.This equipment includes cables, sensors, an electronic driver informa-tion device, one (two) card reader(s) for the insertion of one or twodriver memory card(s), an integrated or separate printer, display instru-ments, facilities for downloading the data memory, facilities to displayor print information on demand and facilities for the input of the placeswhere the daily work period begins and ends;
(b)“data memory” means:
an electronic storage system built into the recording equipment, capable
of storing at least 365 calendar days from the recording equipment. Thememory should be protected in such a way as to prevent unauthorisedaccess to and manipulation of the data and detect any such attempt;
(c)“driver card (with memory)” means:
a removable information transfer and storage device allocated by the
authorities of the Member States to each individual driver for thepurposes of identification of the driver and storage of essential data.The format and technical specifications of the driver card (withmemory) shall meet the requirements laid down in Chapter IV of thisAnnex;
(d)“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 constantmust be expressed either in revolutions per kilometre ( k = … rev/km)
or in impulses per kilometre ( k = … imp/km);
(e)“characteristic coefficient of the vehicle” means:
the numerical characteristic giving the value of the output signal
emitted by the part of the vehicle linking it with the recording equip-ment (gearbox output shaft or axle) while the vehicle travels a distanceof one kilometre under normal test conditions (see Chapter VII(e)). Thecharacteristic coefficient is expressed either in revolutions per kilometre(w = … rev/km) or in impulses per kilometre ( w = … imp/km);
(f)“effective circumference of the wheel tyres” means:
the average of the distances travelled by each of the wheels moving the
vehicle (driving wheels) in the course of one complete rotation. Themeasurement of these distances must be made under normal test condi-tions (see Chapter VII(e)) and is expressed in the form “ l = … mm”;
where appropriate measurement of these distances may be based on atheoretical calculation which takes into account the distribution of themaximum authorised weight on the axles;
(g)“test station card” means:
a removable data transfer and storage device for use in the card reader
of the recording equipment, issued by the authorities of the MemberStates to their authorised bodies. The test station card identifies thebody and allows for testing, calibration and programming of therecording equipment;
(h)“control card” means:
a removable data transfer and storage device for use in the card reader
of the recording equipment, issued by the authorities of the MemberStates to competent authorities to get access to the data stored in thedata memory or in the driver cards for reading, printing and/or down-loading;
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(i)“company data card” means:
a removable data transfer and storage device issued by the Member
State’s authorities to the owner of vehicles fitted with recording equip-ment.
The company data card allows for displaying, downloading and
printing of the data stored in the (item of) recording equipment fitted inthe company’s vehicle(s);
(j)“calendar day” means:
a day ranging from 00.00 hours to 24.00 hours. All calendar days relate
to UTC time (universal time coordinated);
(k)“downloading” means:
copy of a part or of a complete set of data stored in the data memory of
the vehicle or in the memory of the driver card.
Downloading may not alter or delete any stored data.Downloaded data are protected in such a way as to make attempts to
data manipulation detectable; origin of downloaded data must beauthenticatable.
Downloaded data are kept in a format that can be used by any author-
ised person;
(l)“vehicle identification” means:
number(s) identifying the vehicle on the basis of its VIN and/or its
VRN.
II. GENERAL CHARACTERISTICS AND FUNCTIONS OF RECORDING
EQUIPMENT
The equipment must be able to record, store, display and print the
following:
(a)recording and storing in the data memory
1. distance travelled by the vehicle with an accuracy of 1 km;2. speed of the vehicle;
2.1. momentary speed of the vehicle at a frequency o f 1 s for the last
24 hours of use of the vehicle;
2.2. exceeding the authorised speed of the vehicle, defined as any
period of more than 1 minute during which the vehicle speedexceeds 90 km/h for N
3vehicles or 105 km/h for M3vehicles
(with time, date, maximum speed of the overspeeding, averagespeed during the period concerned);
3. periods of driving time (times and dates), with an accuracy of
1 minute;
4. other periods of work or of availability (times and dates) with an
accuracy of 1 minute;
5. breaks from work and daily rest periods (times and dates) with an
accuracy of 1 minute;
6. for electronic recording equipment which is equipment operated
by signals transmitted electrically from the distance and speedsensor, any interruption exceeding 100 milliseconds in the powersupply of the recording equipment (except lighting), in the powersupply of the distance and speed sensor and any interruption in thesignal lead to the distance and speed sensor, with date, time,duration and driver card issue number;
7. the driver card issue number with times and dates of insertion and
removal;
8. for each driver card that is inserted for the first time after it was
used in another item of recording equipment:
— current driving time since the last break or rest period,
— driving time for the day after the last rest period of at least
eight hours,
— driving times for the day between two rest periods of at least
eight hours for the preceding 27 calendar days with date, timeand duration,
— total of the driving times for the current week and the
preceding week and the total of the driving times of the twocompleted preceding weeks,
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— rest periods of at least eight hours’ duration for the day and
the preceding 27 calendar days in each case with date, timeand duration,
— the VRN of the vehicles driven;
9. date, time and duration of driving without an inserted or a func-
tioning driver card;
10. data recorded on the places at which the daily work period began
and ended;
11. automatically identifiable system faults of the recording equip-
ment with date, time and driver card issue number;
12. faults in the driver card with date and time and driver card issue
number;
13. workshop card number of the authorised fitter or workshop with
date of at least the last installation inspection and/or periodicinspection of the recording equipment in accordance with ChapterVII(c) and (d);
14. control card number with date of control card insertion and type
of control (display, printing, downloading). In case of down-loading, period downloaded should be recorded;
15. time adjustment with date, time and card issue number;16. driving status (single/crew driving — driver/co-driver);
(b)storing on the driver card
1. the essential data for the periods listed under point (a)(3), (4) and
(5) for a period of at least the last 28 calendar days combined withthe “VRN” identification of the vehicle driven and the data underpoint (a)(10), (14) and (16);
2. the events and faults according to point (a)(6), (11) and (15) with
the “VRN” identification of the vehicle driven;
2.1. date and time of insertion and removal of the driver card and
distance travelled during the corresponding period;
2.2. date and time of insertion and removal of the co-driver card with
issue number;
3. data must be recorded and stored on the driver card in such a way
as to rule out any possibility of falsification;
(c)recording and storing in the case of two drivers
for vehicles used by two drivers the driving time listed under point
(a)(3) must be recorded and stored on the driver card of the driver whois driving the vehicle. The equipment must record and store in the datamemory and on the two driver cards simultaneously but distinctlydetails of the information listed under point (a)(4) and (5);
(d)displaying or printing on request for an authorised user
1. driver card issue number, expiry date of the card;2. the surname and first name of the driver who is the cardholder;3. current driving time since the last break or rest period;4. driving time for the day after the last rest period of at least eight
hours;
5. driving times for the day between two rest periods of at least eight
hours for the preceding 27 calendar days on which the driver hasdriven, with date, time and duration;
6. total of the driving times for the current week and the preceding
week and the total times for the two completed preceding weeks;
7. the other periods of work and availability;8. rest periods of at last eight hours’ duration for the day and the
preceding 27 days in each case with date, time and duration;
9. “VRN” identification of vehicles driven for at least the last 28
calendar days with the distance travelled per vehicle and day, timeof first insertion and last removal of the driver card and the timeof change of vehicle;
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10. time adjustment with date, time and card issue number;
11. interruption of power supply to the recording equipment with
date, time, duration and driver card issue number (as defined inpoint (a)(6));
12. sensor interruption with date, time, duration and driver card issue
number (as defined in point (a)(6));
13. the “VIN” and/or “VRN” identification of the vehicle driven;14. driving without driver card as defined in point (a)(9) for the last
28 calendar days;
15. details of the information stored concerning the driver (as defined
in point (c));
16. recorded data on the places where the daily work period began
and ended;
17. the automatically identifiable system faults of the recording equip-
ment with date, time and driver card issue number;
18. the faults in the driver card with date and time and driver card
issue number;
19. control card number with date of control card insertion and type
of control (display, printing, downloading). In the case of down-loading, period downloaded should be recorded;
20. exceeding the authorised speed as defined in point (a)(2.2), with
date, time and driver card issue number for the current week andin any case including the last day of the previous week;
21. summary reports whereby compliance with Regulations (EEC) No
3820/85 and (EEC) No 3821/85 and Directive 88/599/EEC can bechecked.
III. CONSTRUCTION AND FUNCTIONAL REQUIREMENTS FOR
RECORDING EQUIPMENT
(a)General points
1.1. Any inclusion in or connection to the recording equipment of any
device, or devices, approved or otherwise, must not interfere with, orbe capable of interfering with, the proper operation of the recordingequipment. The recording equipment must be submitted for approvalcomplete with any such included devices.
1.2. The recording equipment must be capable of operating correctly in all
the climatic conditions normally encountered in Community territory.
2.Materials
2.1. All the constituent parts of the recording equipment must be made of
materials of sufficient stability and mechanical strength and with stableelectrical and magnetic characteristics.
2.2. Any modification in a constituent part of the equipment or in the nature
of the materials used for its manufacture must, before being used, besubmitted for approval to the authority which granted type-approval forthe recording equipment.
3.Measurement of distance travelled
The distance travelled may be measured and recorded either:
— so as to include both forward and reverse movements, 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.
4.Measurement of speed
4.1. The range of speed measurement must be as stated in the type-approval
certificate.
4.2. 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 measurements, follow acceleration changes of up to2 m/s
2, within the limits of accepted tolerances.
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5.Measurement of time (clock)
Time is digital. Update is performed (if necessary) at the authorised
workshop. The internal clock time is UTC. The driver can change theoffset of the time displayed on the display screen.
5.1. The measurement of time is effected automatically in the recording
equipment.
5.2. The clock time in the memory can be reset only when an authorised
workshop card is inserted.
6.Lighting and protection
6.1. The visual instruments of the equipment must be provided with
adequate non-dazzling lighting.
6.2. For normal conditions of use, all the internal parts of the equipment
must be protected against damp and dust. In addition, they must bemade tamper-proof by means of casings capable of being sealed.
6.3. Protection against electrical interference and magnetic fields must be
provided complying with standards for electronics in vehicles.
6.4. The cables connecting the recording equipment to the transmitter must
be protected by electronic monitoring, such as signal encryption,capable of detecting the presence within that part of the system of anydevice, not otherwise necessary for the correct operation of therecording equipment, which is capable of preventing the accurateoperation of the recording equipment by any short circuit, interruptionor modification of the electronic data from the speed and distancesensor, or by the duplication of any other approved devices, when thatdevice is connected and put into operation.
6.5. The total system, including the connections to the speed and distance
sensor must be tamper-proof.
6.6. The recording equipment must self-detect faults.
(b)Visual instruments
Indications must be visible from outside the recording equipment and give a
clear, plain and unambiguous reading including where there are two drivers.
The display instrument must enable the information referred to in Chapter
II(d) to be displayed on request. The request can take place selectively orsequentially.
(c)Warning signals
1. A warning to the driver of at least 30 seconds if the vehicle is driven:
— without the driver card in place,
— with a malfunctioning card,— with the driver card in the wrong slot,— when the recording equipment has detected one or more cases of
internal malfunctioning, in particular those referred to in ChapterII(d)(17) and (18),
— above the speed limit as defined in Chapter II(a)(2.2).
2. A warning to the driver before exceeding four and a half hours
driving time per period of driving time and nine hours daily drivingtime, 15 minutes before and at the time of exceeding the limit.
3. A warning to the driver, 15 minutes before and at the time of failing
to observe the required eight hours daily rest period within the last 24hours.
4. Additional warnings may be installed at the request of the vehicle
owner.
5.Format of the warnings
Warnings may be either auditory or visual, or a combination of both
and must be clearly recognisable by the user.
(d)Memory
1. The periods of time referred to in Chapter II(a)(3), (4) and (5) must
be stored whenever there is any change of activity or status.
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2. The period of driving time must always be stored automatically when
the vehicle is in motion.
3. The other periods of time as indicated in Article 15(3), second indent
(b), (c) and (d) of the Regulation must always be stored separatelythrough the operation where necessary of an activity selection device.
(e)Markings
1. The following details must appear on the instrument face of the
recording equipment:
— near the figure indicating the distance, the unit of measurement of
distance, indicated by the abbreviation “km”,
— near the figure showing the speed, the entry “km/h”.
2. The descriptive plaque must be visible on the recording equipment
and must show the following details:
— name and address of the manufacturer of the equipment,
— manufacturer’s number and year of manufacture of the equipment,— approval mark for the recording equipment type,— the constant of the recording equipment in the form “k = …
rev/km” or “ k = … imp/km”,
— optionally, the range of speed measurements, in the form indicated
in 1.
This information may also be shown on demand by the recording
equipment.
(f)Maximum tolerances (display and recording instruments)
1. The maximum tolerances relate to distance travelled, speed and time
and are measured on the dynamometer before installation and, underthe circumstances referred to in Chapter VII, on installation, duringperiodic inspection and in use.
2. The maximum tolerances set out in 1 are valid for extreme tempera-
tures corresponding to climatic conditions normally encountered inCommunity territory.
IV. CARDS WITH MEMORY
A. DRIVER CARD (WITH MEMORY)
1.Insertion/removal
The recording equipment must be so designed that the driver card (with
memory) is locked in position on its proper insertion into the cardreader and that the relevant driver card data are automatically stored inthe data memory of the recording equipment. The release of the drivercard may function only when the vehicle is stationary and after therelevant data have been stored on the driver card.
2.Memory capacity of the driver card
The capacity of the driver card must be sufficient to store at least 28
calendar days of data referred to in Chapter II(c) for the actual driver.Should the data card be full the new data will replace the oldest data.
3.Visible data
Page 1 will contain:
(a) the words “Driver card” printed in large type in the official
language or languages of the Member State issuing the card;
“Driver card” in the other official languages of the Community,
printed to form the background of the licence:
es: TARJETA DEL CONDUCTORdk: FØRERKORTde: FAHRERKARTEel:ΚΑΡΤΑ Ο∆ΗΓΟΥ
en: DRIVER CARDfr: CARTE DE CONDUCTEUR
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ga: CÁRTA TIOMÁNAÍ
it: CARTA DEL CONDUCENTEnl: BESTUURDERSKAARTpt: CARTÃO DE CONDUTORfi: KULJETTAJAKORTTIsv: FÖRARKORT;
(b) the name of the Member States issuing the card (optional);
(c) the distinguishing sign of the Member States issuing the card,
printed in negative in a blue rectangle and encircled by 12 yellow
stars; the distinguishing signs shall be as follows:
B BelgiumDK DenmarkD GermanyGR GreeceE SpainF FranceIRL IrelandI ItalyL LuxembourgNL The NetherlandsA AustriaP PortugalFIN FinlandS SwedenUK The United Kingdom
(d) information specific to the card issued, numbered as follows:
1. surname of the holder;2. first name(s) of the holder;3. date and place of birth;4. (a) date of issue of the card;
(b) date of expiry of the card;
(c) the name of the issuing authority (may be printed on page
2);
(d) a different number from the one under heading 5, for
administrative purposes (optional);
5. (a) driving licence number including number of replacement
issue;
(b) driver card issue number including index number of
replacement issue;
6. photograph of the holder;7. signature of the holder;8. normal place of residence, or postal address of the holder
(optional).
The data referred to in 1, 2, 3, 4(b) and 5(a) and (b) will also be
stored in the driver card memory.
Page 2 will contain:
(a) an explanation of the numbered items which appear on pages 1 and
2 of the card;
(b) with the specific written agreement of the holder, information
which is not related to the administration of the driver card mayalso be added, such addition will not alter in any way the use ofthe model asa driver card.
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4.Standards
The driver card and recording equipment must conform to the
following standards:
— ISO 7810,
— ISO 7816-1,— ISO 7816-2,— ISO 7816-3,— draft ISO 7816-4,— draft ISO 10373,— the detailed functional specifications defined within systems of
identification cards intended for use in surface transport.
5.Security, including data protection
The various components of the driver card are intended to exclude any
falsification or tampering and to detect any attempt of that kind.
6.Temperature range
The driver card must be capable of operating correctly in all the
climatic conditions normally encountered in Community territory.
7.Lifetime
The card must be capable of operating correctly for a five-year period
if used within the environmental and electrical specifications.
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8.Electrical characteristics
The electrical characteristics of the card must correspond to the specifi-
cations applicable to electronics in vehicles.
9.Logical structure of the driver card
The logical structure of the card must be defined in such a way as to
guarantee its proper operation and its compatibility with any recordingequipment complying with this Annex.
10.Functions and commands
The card’s functions and commands must cover all the functions
referred to in Chapter I(c) and Chapter II(b).
11.Elementary files
The specifications of elementary files must be within the framework of
the standards referred to in 4.
12.Special provisions
After consulting the Commission, Member States may add colours or
markings, such as national symbols and security features, withoutprejudice to the other provisions of this Annex.
B. TEST STATION CARD (WITH MEMORY), CONTROL CARD (WITH
MEMORY) AND COMPANY DATA CARD (WITH MEMORY)
The specifications of the test station, control and company data cards (with
memory) must be such that they operate correctly when used as providedfor in Chapter I(g), (h) and (i) and are compatible with any recordingequipment complying with this Annex. The structure of the cards must beso designed as to give access only to the authorised user and only for theexercise of the functions which each card is intended to fulfil.
V. PRINTER AND STANDARD PRINT-OUTS
1. Printers must be so designed as to produce the print-outs referred to in
Chapter II(d) with a degree of definition likely to avoid any ambiguitywhen they are read. Print-outs must remain clearly legible and identifiableunder normal conditions of storage for at least one year.
They must retain their dimensions and recordings under normal conditions
of humidity and temperature.
It must also be possible to add handwritten notes, such as the driver’s
signature, to these documents.
2. The minimum capacity of print-outs, whatever their form, must be suffi-
cient to allow the printing of the information referred to in Chapter II(d).
If several print-outs have to be linked together to increase printing capacity,
the links between the various documents must be made in such a way thatthere are no breaks in the data at the points linked which could jeopardiseinterpretation of the data.
VI. INSTALLATION OF RECORDING EQUIPMENT
(a)Installation
1. The recording equipment must be protected against accidental damage.2. It must be possible for authorised agents to adapt the constant of the
recording equipment to the characteristic coefficient of the vehicle bymeans of a suitable device, to be known as an adaptor.
Vehicles with two or more axle ratios must be fitted with a switch
device whereby these various ratios will automatically be brought intoline with the ratio for which the equipment has been adapted to thevehicle by the adaptor.
(b)Installation plaque
After the equipment has been checked on installation, an installation
plaque which is clearly visible must be affixed on, in or beside theequipment. After every inspection by an approved fitter or workshop
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requiring a change in the calibration of the installation, a new plaque
must be affixed in place of the previous one.
The plaque must bear 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 “l = …
mm”,
— the date on which the characteristic coefficient of the vehicle was
determined and the effective circumference of the wheel tyresmeasured,
— the last eight digits of the chassis number of the vehicle.
(c)Sealing
1. The following parts must be sealed:
(a) any connection which, if disconnected, would cause undetectable
alterations to be made or data to be lost;
(b) any cover giving access to the circuits or mechanisms, any altera-
tion of which would affect the proper operation of the recordingequipment or which would allow unauthorised alteration of theequipment’s characteristics;
(c) the installation plaque, unless it is attached in such a way that it
cannot be removed without the markings thereon being destroyed.
2. In all cases, the location of the seals must be mentioned on the
type-approval certificate and their effectiveness tested as part of thetype-approval procedures.
3. The seals mentioned in 1(b) may 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 recordingequipment continues to function reliably and correctly and isresealed by an approved fitter or workshop (in accordance withChapter VII) immediately after fitting the speed limitation deviceor any other device contributing to road safety or within seven daysin other cases.
On each occasion that these seals are broken a written statement
giving the reasons for such action must be prepared and madeavailable to the competent authority.
VII. CHECKS AND INSPECTIONS
(a)Approval of test stations (fitters and workshops)
The Member States will nominate the bodies to carry out the checks and
inspections.
(b)Certification of new or repaired instruments
Every individual device, whether new or repaired, must be certified in
respect of its proper operation and the accuracy of its readings and record-ings, within the limits laid down in Chapter III(f)(1) by means of sealing inaccordance with Chapter VI(c)(1) or equivalent digital information in thedata memory of the recording equipment.
(c)Installation inspection and programming
1. When being fitted to a vehicle, the recording equipment and the whole
installation must comply with the provisions relating to maximumtolerances laid down in Chapter III(f)(2).
2. The following programming of the recording equipment must be
carried out:
— the date of the installation test,
— the universal time coordinated (UTC),— the “VIN” and “VRN” vehicle identification,— the number of the workshop card of the approved fitter or approved
workshop.
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(d)Periodic inspections
1. Periodic inspections of the equipment fitted to vehicles must take place
after any repair of the equipment or after any alteration of the charac-teristic coefficient of the vehicle or of the effective circumference ofthe tyres or at least once within two years of the last inspection; theymay be carried out in conjunction with roadworthiness tests onvehicles.
These inspections must include at least the following checks:
— that the recording equipment is working properly, including the
downloading of data to and from the workshop card,
— that compliance with the provisions of Chapter III(f)(2) on the
maximum tolerances on installation is ensured,
— that the recording 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.
2. The following programming of the recording equipment must be
carried out:
— the date of the periodic inspection,
— the universal time coordinated (UTC),— the “VIN” and “VRN” vehicle identification,— the number of the card of the approved workshop.
3. Such inspections must include replacement of the installation plaque or
equivalent digital information in the data memory of the recordingequipment.
(e)Measurement of errors
The measurement of errors on installation and during use must be carried
out under the following conditions, which are to be regarded as constitutingstandard test conditions:
— vehicle unladen, in normal running order,
— tyre pressures in accordance with the manufacturer’s instructions,— tyre wear within the limits allowed by national law,— vehicle movement: the vehicle must advance under its own engine
power in a straight line on level ground and at a speed of 5 0 ± 5 km/h.
The measuring distance must be at least 1 000 m,
— provided that it is of comparable accuracy, an appropriate dynamometer
may also be used for the test.'