1985R3821 — EN — 01.05.2006 — 011.001

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:





Amended by:





Corrected by:









▼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be brought together in a single text, and in consequence thereof, Regulation (EEC) No 1463/70 of the Council should be repealed; whereas, however, the exemptions set out in Article 3 (1) for certain passenger services should be maintained in force for a certain time; Whereas the use of recording equipment that may indicate the periods of time referred to in Regulation (EEC) No 3820/85 on the harmonization of 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 provisions of the Regulation in exceptional circumstances; whereas, in urgent cases, 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 to minimize any possibility of fraudulent use; whereas to this end recording equipment 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 road safety 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 approval procedure, in order to avoid throughout the territory of the Member States any impediment to the registration of vehicles fitted with such recording 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 be empowered to take a decision on a dispute within six months if the States concerned have been unable to reach a settlement; Whereas it would be helpful in implementing this Regulation and preventing abuses to issue drivers who so request with a copy of their record sheets; Whereas, in order to achieve the aims hereinbefore mentioned of keeping a check on work and rest periods, it is necessary that employers and drivers be responsible for seeing that the equipment functions correctly 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 replacement of 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, in order to facilitate the implementation of the measures necessary for this purpose, 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 the periodic checks and inspections to which the equipment is to be subject after installation, HAS ADOPTED THIS REGULATION:







CHAPTER I

Principles and scope

Article 1

Recording equipment within the meaning of this Regulation shall, as regards construction, installation, use and testing, comply with the requirements of this Regulation ►M6 and of Annexes I or IB and II thereto ◄ , which shall form an integral part of this Regulation.

Article 2

For the purposes of this Regulation the definitions set out in Article 1 of Regulation (EEC) No 3820/85 shall apply.

Article 3

1. Recording equipment shall be installed and used in vehicles registered in a Member State which are used for the carriage of passengers 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 a period not exceeding 30 days, which shall be notified immediately to the Commission. The Commission shall notify the other Member States of any exemption granted pursuant to this paragraph.

4. In the case of national transport operations, Member States may require the installation and use of recording equipment in accordance with this Regulation in any of the vehicles for which its installation and use are not required by paragraph 1.







CHAPTER II

Type approval

Article 4

▼M6

For the purposes of this Chapter, the words ‘recording equipment’ shall mean ‘recording equipment or its components’.

▼B

Applications for EEC approval of a type of recording equipment or of a model record sheet ►M6 or memory card ◄ shall be submitted, accompanied by the appropriate specifications, by the manufacturer or his agent to a Member State. No application in respect of any one type of recording equipment or of any one model record ►M6 or memory card ◄ sheet may be submitted to more than one Member State.

Article 5

▼M6

A Member State shall grant EC component type-approval to any type of recording equipment, to any model record sheet or memory card which conforms to the requirements laid down in Annex I or IB to this Regulation, provided the Member State is in a position to check 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 with the procedure laid down in Article 18, shall ensure that the said Annex stipulates that recording equipment may not be granted EC component type-approval until the whole system (the recording equipment itself, driver card and electrical gearbox connections) has demonstrated its capacity to resist attempts to tamper with or alter the data on driving times. The tests necessary to establish this shall be carried out by experts familiar with up to date tampering techniques.

▼B

Any modifications or additions to an approved model must receive additional EEC type approval from the Member State which granted the original EEC type approval.

Article 6

Member States shall issue to the applicant an EEC approval mark, which shall conform to the model shown in Annex II, for each type of recording equipment or model record sheet ►M6 or memory card ◄ 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 of recording equipment or model record sheet ►M6 or memory card ◄ which they approve or refuse to 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 those authorities that approval has been refused; in cases of refusal they shall communicate 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 record sheets ►M6 or memory cards ◄ 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 the approved prototype. The measures taken may, if necessary, extend to withdrawal of EEC type approval.

2. A Member State which has granted EEC type approval shall withdraw such approval if the recording equipment or record sheet ►M6 or memory card ◄ which has been approved is not in conformity with this Regulation or its Annexes or displays in use any general defect which makes it unsuitable for 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 1 and 2, it shall also, after consulting the latter Member State, take the steps laid down in those paragraphs, subject to paragraph 5.

4. A Member State which ascertains that one of the cases referred to in paragraph 2 has arisen may forbid until further notice the placing on the market and putting into service of the recording equipment or record sheets ►M6 or memory cards ◄ . The same applies in the cases mentioned in paragraph 1 with respect to recording equipment or record sheets ►M6 or memory cards ◄ which have been exempted from EEC initial verification, if the manufacturer, after due warning, does not bring the equipment into line with the approved model or with the requirements of this Regulation.

In any event, the competent authorities of the Member States shall notify one another and the Commission, within one month, of any withdrawal of 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 2 notified to it, the Member States concerned shall endeavour to settle the dispute and the Commission shall be kept informed.

If talks between the Member States have not resulted in agreement within four months of the date of the notification referred to in paragraph 3 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 decision which shall be communicated to the Member States concerned and at the same time to the other Member States. The Commission shall lay down in each instance the time limit for implementation 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 the sheet.

2. The competent authorities of each Member State shall indicate on the approval certificate for the model record sheet the type or types of recording equipment on which that model sheet may be used.

Article 10

No Member State may refuse to register any vehicle fitted with recording equipment, or prohibit the entry into service or use of such vehicle 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 Article 12.

Article 11

All decisions pursuant to this Regulation refusing or withdrawing approval of a type of recording equipment or model record sheet ►M6 or memory card ◄ shall specify in detail the reasons on which they are based. A decision shall be communicated to the party concerned, who shall at the same time be informed of the remedies available to him under the laws of the Member States and of the time-limits for the exercise of such remedies.







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 States for that purpose after the latter, should they so desire, have heard the views of the manufacturers concerned.

▼M6

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, the authority shall supply a replacement card within five working days 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 the index shall be increased by one. The authority issuing the card shall 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 being falsified.

▼M6

2. The approved fitter or workshop shall place a special mark on the seals which it affixes and, in addition, shall enter for recording equipment in conformity with Annex IB, the electronic security data for carrying out, in particular, the authentication checks. The competent authorities of each Member State shall maintain a register of the marks and electronic security data used and of approved workshop and fitter cards issued.

3. The competent authorities of the Member States shall forward to the Commission the lists of approved fitters and workshops and the cards issued to them and shall forward to it copies of the marks and of the necessary information relating to the electronic security data used.

▼B

4. For the purpose of certifying that installation of recording equipment took place in accordance with the requirements of this Regulation an installation plaque affixed as provided in ►M6 Annexes I and IB ◄ shall be used.

▼M3

5. Any seal may be removed by the fitters or workshops approved by competent authorities under paragraph 1 of this Article, or in the circumstances described in Annex I, Chapter V, paragraph 4 ►M6 or in Annex IB section VI(c) ◄ to this Regulation.

▼B







CHAPTER IV

Use of equipment

▼M6

Article 13

The employer and drivers shall ensure the correct functioning and proper use of, on the one hand, the recording equipment and, on the other, the driver card where a driver is required to drive a vehicle fitted with recording equipment in conformity with Annex IB.

▼B

Article 14

▼M6

1. The employer shall issue a sufficient number of record sheets to drivers of vehicles fitted with recording equipment in conformity with Annex I, bearing in mind the fact that these sheets are personal in character, the length of the period of service and the possible obligation to replace sheets which are damaged, or have been taken by an authorised inspecting officer. The employer shall issue to drivers only sheets of an approved model suitable for use in the equipment installed in the vehicle.

Where the vehicle is fitted with recording equipment in conformity with Annex IB, the employer and the driver shall ensure that, taking into account the length of the period of service, the printing on request referred to in Annex IB can be carried out correctly in the event of an inspection.

▼M11

2. The undertaking shall keep record sheets and printouts, whenever printouts have been made to comply with Article 15(1), in chronological order and in a legible form for at least a year after their use and shall give copies to the drivers concerned who request them. The undertaking shall also give copies of downloaded data from the driver cards to the drivers concerned who request them and the printed papers of these copies. The record sheets, printouts and downloaded data shall be produced or handed over at the request of any authorised inspecting officer.

▼M6

3. The driver card as defined in Annex IB shall be issued, at the request of the driver, by the competent authority of the Member State where the driver has his normal residence.

A Member State may require any driver subject to the provisions of Regulation (EEC) No 3820/85 and normally resident on 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 at least 185 days in each calendar year, because of personal and occupational ties, or, in the case of a person with no occupational ties, because of personal ties which show close links between that person and the place where he is living. However, the normal residence of a person whose occupational ties are in a different place from his personal ties and who consequently lives in turn in differnt places situated in two or more Member States shall be regarded as being the place of his personal ties, provided that such person returns there regularly. This last condition need not be met where the person is living in a Member State in order to carry out a fixed-term assignment.

(b) Drivers shall give proof of their place of normal residence by any appropriate means, such as their identity card or any other valid document.

(c) Where the competent authorities of the Member State issuing the driver card have doubts as to the validity of a statement as to normal residence made in accordance with point (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 applicant does not already hold a valid driver card.

4.

(a) The competent authority of the Member State shall personalise the driver card in accordance with the provisions of Annex IB. For administarative purposes, the driver card may not be valid for more than five years. The driver may hold one valid driver card only. The driver is authorised to use only his own personalised driver card. The driver shall not use a driver card which 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 issue number but the index shall be increased by one. The issuing authority shall keep records of issued, stolen, lost or defective driver cards for a period at least equivalent to their period of administrative validity. If the driver card is damaged, malfunctions or is lost or stolen, the authority shall supply a replacement card within five working days of receiving a detailed request to that effect. In the event of a request for the renewal of a card whose expiry date is approaching, the authority shall supply a new card before the expiry date provided that the request was sent to it within the time limits laid down in the second subparagraph of Article 15(1).

(b) Driver cards shall be issued only to applicants who are subject to the provisions of Regulation (EEC) No 3820/85.

(c) The driver card shall be personal. It may not, during its official period of validity, be withdrawn or suspended for whatever reason unless the competent authority of a Member State finds that the card has been falsified, or the driver is using a card of which he is not the holder, or that the card held has been obtained on the basis of false declarations and/or forged documents. If such suspension or withdrawal measures are taken by a Member State other than the Member State of issue, the former shall return the card to the authorities of the Member State which issued it and shall indicate the reasons for returning it.

(d) Driver cards issued by Member States shall be mutually recognised. Where the holder of a valid driver card issued by a Member State has established his normal place of residence in another Member State, he may ask for his card to be exchanged for an equivalent driver card; it shall be the responsibility of the Member State which carries out the exchange to verify if necessary whether the card produced is actually still valid. Member States carrying out an exchange shall return the old card to the authorities of the Member State of issue and inidcate the reasons for so doing.

(e) Where a Member State replaces or exchanges a driver card, the replacement or exchange, and any subsequent replacement or renewal, shall be registered in that Member State.

(f) Member States shall take all the necessary measures to prevent any possibility of driver cards being falsified.

5. Member States shall ensure that data needed to monitor compliance with Regulation (EEC) No 3820/85 and Council Directive 92/6/EEC of 10 February 1992 on the installation and use of speed limitation devices for certain categories of motor vehicles in the Community ( 7 ) which are recorded and stored by recording equipment in conformity with Annex IB to this Regulation can be made available for at least 365 days after the date of their recording and that they can be made available 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 cannot detract, in particular, from the satisfactory application of this paragraph.

▼B

Article 15

1. Drivers shall not use dirty or damaged record sheets ►M6 or driver cards ◄ . The sheets ►M6 or driver cards ◄ shall be adequately protected on this account.

▼M6

Where a driver wishes to renew his driver card, he shall apply to the competent authorities of the Member State in which he has his normal residence not later than 15 working days before the expiry date of the card.

▼B

In case of damage to a sheet bearing recordings ►M6 or driver card ◄ , drivers shall attach the damaged sheet ►M6 or driver card ◄ to the spare sheet used to replace it.

▼M6

If the driver card is damaged, malfunctions or is lost or stolen, the driver shall apply within seven calendar days for its replacement to the competent authorities of the Member State in which he has his normal residence.

▼M11

Where a driver card is damaged, malfunctions, or is not in the possession of the driver, the driver shall:

(a) at the start of his journey, print out the details of the vehicle the driver is driving, and shall enter onto that printout: (i) details that enable the driver to be identified (name, driver card or driver's licence number), including his signature; (ii) the periods referred to in paragraph 3, second indent (b), (c) and (d);

(b) at the end of his journey, print out the information relating to periods of time recorded by the recording equipment, record any periods of other work, availability and rest undertaken since the printout that was made at the start of the journey, where not recorded by the tachograph, and mark on that document details that enable the driver to be identified (name, driver card or driver's licence number), including the driver's signature.

▼B

2. Drivers shall use the record sheets ►M6 or driver cards ◄ every day on which they are driving, starting from the moment they take over the vehicle. The record sheet ►M6 or driver card ◄ shall not be withdrawn before the end of the daily working period unless its withdrawal is otherwise authorized. No record sheet ►M6 or driver card ◄ may be used to cover a period longer than that for which it is intended.

▼M11

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 referred to in paragraph 3, second indent (b), (c) and (d) shall:

(a) if the vehicle is fitted with recording equipment in conformity with Annex I, be entered on the record sheet, either manually, by automatic recording or other means, legibly and without dirtying the sheet; or

(b) if the vehicle is fitted with recording equipment in conformity with Annex IB, be entered onto the driver card using the manual entry facility provided in the recording equipment.

Where there is more than one driver on board the vehicle fitted with recording equipment in conformity with Annex IB, each driver shall ensure that his driver card is inserted into the correct slot in the tachograph.

▼B

Drivers shall amend the record sheets as necessary should there be more than one driver on board the vehicle, so that the information referred to in Chapter II (1) to (3) of Annex I is recorded on the record sheet of the driver who is actually driving.

3. Drivers shall:

— ensure that the time recorded on the sheet agrees with the official time in the country of registration of the vehicle,

— operate the switch mechanisms enabling the following periods of time to be recorded separately and distinctly: — (a) under the sign : driving time; ▼M11 (b) ‘other work’ means any activity other than driving, as defined in Article 3(a) of Directive 2002/15/EC of the European Parliament and of the Council of 11 March 2002 on the organisation of the working time of persons performing mobile road transport activities ( 8 ), and also any work for the same or another employer within or outside of the transport sector, and must be recorded under this sign ; (c) ‘availability’ defined in Article 3(b) of Directive 2002/15/EC must be recorded under this sign ; ▼B (d) under the sign : breaks in work and daily rest periods.

▼M11 —————

▼B

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 the vehicle to which he is to be assigned);

(e) the time of any change of vehicle.

▼M6

5a. The driver shall enter in the recording equipment in conformity with Annex IB the symbols of the countries in which he begins and ends his daily work period. However, a Member State may require drivers of vehicles engaged in transport operations inside its territory to add more detailed geographic specifications to the country symbol provided that the Member State has notified them to the Commission before 1 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 is linked to a satellite tracking system.

▼B

6. The ►M6 recording equipment defined in Annex I ◄ 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.

▼M11

7.

(a) Where the driver drives a vehicle fitted with recording equipment in conformity with Annex I, the driver must be able to produce, whenever an inspecting officer so requests: (i) the record sheets for the current week and those used by the driver in the previous 15 days; (ii) the driver card if he holds one, and (iii) any manual record and printout made during the current week and the previous 15 days as required under this Regulation and Regulation (EC) No 561/2006. However, after 1 January 2008, the time periods referred to under (i) and (iii) shall cover the current day and the previous 28 days.

(b) Where the driver drives a vehicle fitted with recording equipment in conformity with Annex IB, the driver must be able to produce, whenever an inspecting officer so requests: (i) the driver card of which he is holder; (ii) any manual record and printout made during the current week and the previous 15 days as required under this Regulation and Regulation (EC) No 561/2006, and (iii) the record sheets corresponding to the same period as the one referred to in the previous subparagraph during which he drove a vehicle fitted with recording equipment in conformity with Annex I. However, after 1 January 2008, the time periods referred to under (ii) shall cover the current day and the previous 28 days.

(c) An authorised inspecting officer may check compliance with Regulation (EC) No 561/2006 by analysis of the record sheets, of the displayed or printed data which have been recorded by the recording equipment or by the driver card or, failing this, by analysis of any other supporting document that justifies non-compliance with a provision, such as those laid down in Article 16(2) and (3).

▼M6

8. It shall be forbidden to falsify, suppress or destroy data recorded on the record sheet, stored in the recording equipment or on the driver card, or print-outs from the recording equipment as defined in Annex IB. The same applies to any manipulation of the recording equipment, record sheet or driver card which may result in data and/or printed information being falsified, suppressed or destroyed. No device which could be used to this effect shall be present on the vehicle.

▼B

Article 16

1. In the event of breakdown or faulty operation of the equipment, the employer shall have it repaired by an approved fitter or workshop, as soon as circumstances permit.

If the vehicle is unable to return to the premises within a period of one week calculated from the day of the breakdown or of the discovery of defective operation, the repair shall be carried out en route.

Measures taken by Member States pursuant to Article 19 may give the competent authorities power to prohibit the use of the vehicle in cases where breakown or faulty operation has not been put right as provided in the foregoing subparagraphs.

▼M6

2. While the recording equipment is unserviceable or malfunctioning, drivers shall mark on the record sheet or sheets, or on a temporary sheet to be attached to the record sheet or to the driver card, on which he shall enter data enabling him to be identified (driver's card number and/or name and/or driving licence number), including his signature, all information for the various periods of time which are no longer recorded or printed out correctly by the recording equipment.

If a driver card is damaged, malfunctions or is lost or stolen, the driver shall, at the end of his journey, print out the information relating to the periods of time recorded by the recording equipment and mark on that document the details that enable him to be identified (the driver card number and/or name and/or driving licence number), including his signature.

▼M6

3. If a driver card is damaged or if it malfunctions, the driver shall return it to the competent authority of the Member State in which he has his normal residence. Theft of the driver card shall be the subject of a formal declaration to the competent 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 the competent authorities of the Member State of normal residence where 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 if this is necessary for the vehicle to return to its premises, provided he can prove the impossibility of producing or using the card during this period.

Where the authorities of the Member State in which the driver has his normal residence are different from those which issued his card and where the latter are requested to renew, replace or exchange the driver card, they shall inform the authorities which issued the old card of the precise reasons for its renewal, replacement or exchange.

▼B







CHAPTER V

Final provisions

▼M6

Article 17

1. The amendments necessary to adapt the Annexes to technical progress shall be adopted in accordance with the procedure laid down in Article 18.

2. The technical specifications relating to the following sections of Annex IB shall be adopted as soon as possible and if possible before 1 July 1998 by the same procedure:

(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.

▼M9

Article 18

1. The Commission shall be assisted by a committee.

2. Where reference is made to this Article, Articles 5 and 7 of Decision 1999/468/EC ( 9 ) shall apply, having regard to the provisions of Article 8 thereof.

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.

3. The Committee shall adopt its rules of procedure.

▼B

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 all available 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 such services are not fitted with recording equipment used as prescribed in this Regulation.

▼M2

Article 20a

This Regulation shall not apply until 1 January 1991 to vehicles registered in the territory of the former German Democratic Republic before that date.

This Regulation shall not apply until 1 January 1993 to such vehicles where they are engaged only in national transport operations in the territory of the Federal Republic of Germany. However, this Regulation shall apply as from its entry into force to vehicles engaged in the carriage of dangerous goods.

▼B

Article 21

This Regulation shall enter into force on 29 September 1986.

This Regulation shall be binding in its entirety and directly applicable in all Member States.









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;

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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.

▼B

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

Recording equipment shall include the following:

1.1. Visual instruments showing: — distance travelled (distance recorder), — speed (speedometer), — 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.

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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.

▼B

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. Measurement of distance travelled 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. Measurement of speed 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. Measurement of time (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. Lighting and Protection 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.

(b) Visual instruments

1. Distance travelled indicator (distance recorder)

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 99999,9 kilometres.

2. Speed indicators (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. Time indicator (clock)

The time indicator must be visible from outside the equipment and give a clear, plain and unambiguous reading.

(c) Recording instruments

1. General points

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. Recording distance 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. Recording speed

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 between the markings on the time-scale must represent a period not exceeding one hour.

3.2. Each variation in speed of 10 kilometres per hour must be represented on the record by a variation of at least 1,5 millimetres on the corresponding coordinate.

4. Recording time

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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.

▼B

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 α is 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 β and γ represent respectively the maximum 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.

(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’, — 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; ▼M3 (g) any cover giving access to the means of adapting the constant of the recording equipment to the characteristic coefficient of the vehicle. ▼B 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. ►M3 The 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.

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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. ▼M5 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 ( 10 ). 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.

▼B

VI. CHECKS AND INSPECTIONS

The Member States shall nominate the bodies which shall carry out the checks and inspections.

1. Certification of new or repaired instruments

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. Periodic inspections

(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. Measurement of errors

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.

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ANNEX I B

REQUIREMENTS FOR CONSTRUCTION, TESTING, INSTALLATION AND INSPECTION

CONTENTS I. DEFINITIONS … II. GENERAL CHARACTERISTICS AND FUNCTIONS OF THE RECORDING EQUIPMENT … 1. General characteristics … 2. Functions … 3. Modes of operation … 4. Security … III. CONSTRUCTION AND FUNCTIONAL REQUIREMENTS FOR RECORDING EQUIPMENT … 1. Monitoring cards insertion and withdrawal … 2. Speed and distance measurement … 2.1. Measurement of distance travelled … 2.2. Measurement of speed … 3. Time measurement … 4. Monitoring driver activities … 5. Monitoring driving status … 6. Drivers manual entries … 6.1. Entry of places where daily work periods begin and/or end … 6.2. Manual entry of driver activities … 6.3. Entry of specific conditions … 7. Company locks management … 8. Monitoring control activities … 9. Detection of events and/or faults … 9.1. ‘Insertion of a non valid card’ event … 9.2. ‘Card conflict’ event … 9.3. ‘Time overlap’ event … 9.4. ‘Driving without an appropriate card’ event … 9.5. ‘Card insertion while driving’ event … 9.6. ‘Last card session not correctly closed’ event … 9.7. ‘Over speeding’event … 9.8. ‘Power supply interruption’ event … 9.9. ‘Motion data error’ event … 9.10. ‘Security breach attempt’ event … 9.11. ‘Card’ fault … 9.12. ‘Recording equipment’ fault … 10. Built-in and self tests … 11. Reading from data memory … 12. Recording and storing in the data memory … 12.1. Equipment identification data … 12.1.1. Vehicle Unit identification data … 12.1.2. Motion sensor identification data … 12.2. Security elements … 12.3. Driver card insertion and withdrawal data … 12.4. Driver activity data … 12.5. Places where daily work periods start and/or end … 12.6. Odometer data … 12.7. Detailed speed data … 12.8. Events data … 12.9. Faults data … 12.10. Calibration data … 12.11. Time adjustment data … 12.12. Control activity data … 12.13. Company locks data … 12.14. Download activity data … 12.15. Specific conditions data … 13. Reading from tachograph cards … 14. Recording and storing on tachograph cards … 15. Displaying … 15.1 Default display … 15.2. Warning display … 15.3. Menu access … 15.4. Other displays … 16. Printing … 17. Warnings … 18. Data downloading to external media … 19. Output data to additional external devices … 20. Calibration … 21. Time adjustment … 22. Performance characteristics … 23. Materials … 24. Markings … IV. CONSTRUCTIONS AND FUNCTIONAL REQUIREMTNS FOR TACHOGRAPH CARDS … 1. Visible data … 2. Security … 3. Standards … 4. Environmental and electrical specifications … 5. Data storage … 5.1. Card identification and security data … 5.1.1. Application identification … 5.1.2. Chip identification … 5.1.3. IC card identification … 5.1.4. Security elements … 5.2. Driver card … 5.2.1. Card identification … 5.2.2. Card holder identification … 5.2.3. Driving licence information … 5.2.4. Vehicles used data … 5.2.5. Driver activity data … 5.2.6. Places where daily periods start and/or end … 5.2.7. Events data … 5.2.8. Faults data … 5.2.9. Control activity data … 5.2.10. Card session data … 5.2.11. Secific conditions data … 5.3. Workshop card … 5.3.1. Security elements … 5.3.2. Card identification … 5.3.3. Card holder identification … 5.3.4. Vehicles' used data … 5.3.5. Driver activity data … 5.3.6. Daily work periods start and/or end data … 5.3.7. Events and faults data … 5.3.8. Control activity data … 5.3.9. Calibration and time adjustment data … 5.3.10. Specific conditions data … 5.4. Control card … 5.4.1. Card identification … 5.4.2. Card holder identification … 5.4.3. Control activity data … 5.5. Company card … 5.5.1. Card identification … 5.5.2. Card holder identification … 5.5.3. Company activity data … V. INSTALATION OF RECORDING EQUIPMENT … 1. Installation … 2. Installation plaque … 3. Sealing … VI. CHECKS; INSPECTIONS AND REPAIRS … 1. Approval of fitters or workshops … 2. Check of new or repaired instruments … 3. Installation inspection … 4. Periodic inspections … 5. Measurement of errors … 6. Repairs … VII. CARD ISSUING … VIII. TYPE APPROVAL OF RECORDING EQUIPMENT AND TACHOGRAPH CARDS … 1. General points … 2. Security certificate … 3. Funtctional certificate … 4. Interoperability certificate … 5. Type approval certificate … 6. Exceptional procedure: first interoperability tests … Appendix 1. Data dictionary Appendix 2. Tachograph cards specification Appendix 3. Pictograms Appendix 4. Printouts Appendix 5. Display Appendix 6. External interfaces Appendix 7. Data downloading protocol Appendix 8. Calibration protocol Appendix 9. TYPE APPROVAL — LIST OF MINIMUM REQUIRED TESTS Appendix 10. GENERIC SECURITY TARGETS Appendix 11. COMMON SECURITY MEACHANISMS

I. DEFINITIONS

In this Annex:

(a) ‘activation’ means : phase where the recording equipment becomes fully operational and implements all functions, including security functions; Activating a recording equipment requires the use of a workshop card and the entry of its PIN code;

(b) ‘authentication’ means : a function intended to establish and verify a claimed identity;

(c) ‘authenticity’ means : the property that an information is coming from a party whose identity can be verified;

(d) ‘built-in-test (BIT)’ means : tests run at request, triggered by the operator or by an external equipment;

(e) ‘calendar day’ means : a day ranging from 00.00 hours to 24.00 hours. All calendar days relate to UTC time (universal time coordinated);

(f) ‘calibration’ means : updating or confirming vehicle parameters to be held in the data memory. Vehicle parameters include vehicle identification (VIN, VRN and registering Member State) and vehicle characteristics (w, k, l, tyre size, speed limiting device setting (if applicable), current UTC time, current odometer value); calibrating a recording equipment requires the use of a workshop card;

(g) ‘card number’ means : a 16 alpha-numerical characters number that uniquely identifies a tachograph card within a Member State. The card number includes a consecutive index (if applicable), a replacement index and a renewal index; a card is therefore uniquely identified by the code of the issuing Member State and the card number;

(h) ‘card consecutive index’ means : the 14th alpha-numerical character of a card number that is used to differentiate the different cards issued to a company or a body entitled to be issued several tachograph cards. The company or the body is uniquely identified by the 13 first characters of the card number;

(i) ‘card renewal index’ means : the 16th alpha-numerical character of a card number which is incremented each time a tachograph card is renewed;

(j) ‘card replacement index’ means : the 15th alpha-numerical character of a card number which is incremented each time a tachograph card is replaced;

(k) ‘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 equipment (gearbox output shaft or axle) while the vehicle travels a distance of one kilometre under standard test conditions (see Chapter VI(5)). The characteristic coefficient is expressed in impulses per kilometre (w = … imp/km);

(l) ‘company card’ means : a tachograph card issued by the authorities of a Member State to the owner or holder of vehicles fitted with recording equipment; the company card identifies the company and allows for displaying, downloading and printing of the data stored in the recording equipment which has been locked by this company;

(m) ‘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 shall be expressed in impulses per kilometre (k = … imp/km);

(n) ‘continuous driving time’ is computed within the recording equipment as ( 11 ) : the continuous driving time is computed as the current accumulated driving times of a particular driver, since the end of his last AVAILABILITY or BREAK/REST or UNKNOWN ( 12 ) period of 45 minutes or more (this period may have been split in several periods of 15 minutes or more). The computations involved take into account, as needed, past activities stored on the driver card. When the driver has not inserted his card, the computations involved are based on the data memory recordings related to the current period where no card was inserted and related to the relevant slot;

(o) ‘control card’ means : a tachograph card issued by the authorities of a Member State to a national competent control authority; the control card identifies the control body and possibly the control officer and allows for getting access to the data stored in the data memory or in the driver cards for reading, printing and/or downloading;

(p) ‘cumulative break time’ is computed within the recording equipment as (12) : the cumulative break from driving time is computed as the current accumulated AVAILABILITY or BREAK/REST or UNKNOWN ( 13 ) times of 15 minutes or more of a particular driver, since the end of his last AVAILABILITY or BREAK/REST or UNKNOWN (13) period of 45 minutes or more (this period may have been split in several periods of 15 minutes or more). The computations involved take into account, as needed, past activities stored on the driver card. Unknown periods of negative duration (start of unknown period > end of unknown period) due to time overlaps between two different recording equipments, are not taken into account for the computation. When the driver has not inserted his card, the computations involved are based on the data memory recordings related to the current period where no card was inserted and related to the relevant slot;

(q) ‘data memory’ means : an electronic data storage device built into the recording equipment;

(r) ‘digital signature’ means : data appended to, or a cryptographic transformation of, a block of data that allows the recipient of the block of data to prove the authenticity and integrity of the block of data;

(s) ‘downloading’ means : copying together with digital signature of a part or of a complete set of data stored in the data memory of the vehicle or in the memory of a tachograph card; downloading may not alter or delete any stored data;

(t) ‘driver card’ means : a tachograph card issued by the authorities of a Member State to a particular driver; the driver card identifies the driver and allows for storage of driver activity data;

(u) ‘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. The measurement of these distances shall be made under standard test conditions (Chapter VI(5)) and is expressed in the form ‘l = … mm’. Vehicle manufacturers may replace the measurement of these distances by a theoretical calculation which takes into account the distribution of the weight on the axles, vehicle unladen in normal running order ( 14 ). The methods for such theoretical calculation will be approved by a competent Member State authority;

(v) ‘event’ means : abnormal operation detected by the recording equipment which may come from a fraud attempt;

(w) ‘fault’ means : abnormal operation detected by the recording equipment which may come from an equipment malfunction or failure;

(x) ‘installation’ means : mounting of the recording equipment in a vehicle;

(y) ‘motion sensor’ means : part of the recording equipment, providing a signal representative of vehicle speed and/or distance travelled;

(z) ‘non valid card’ means : a card detected as faulty, or which initial authentication failed, or which start of validity date is not yet reached, or which expiry date has passed;

(aa) ‘out of scope’ means : when the use of the recording equipment is not required, according to the provisions of Council Regulation (EEC) No 3820/85;

(bb) ‘over speeding’ means : exceeding the authorised speed of the vehicle, defined as any period of more than 60 seconds during which the vehicle's measured speed exceeds the limit for setting the speed limitation device laid down in Council Directive 92/6/EEC of 10 February 1992 on the installation and use of speed limitation devices for certain categories of motor vehicles in the Community ( 15 );

(cc) ‘periodic inspection’ means : set of operations performed to control that the recording equipment works properly and that its settings correspond to the vehicle parameters;

(dd) ‘printer’ means : component of the recording equipment which provides printouts of stored data;

(ee) ‘recording equipment’ means : the total equipment intended for installation in road vehicles to show, record and store automatically or semi-automatically details of the movement of such vehicles and of certain work periods of their drivers;

(ff) ‘renewal’ means : issue of a new tachograph card when an existing card reaches its expiry date, or is malfunctioning and has been returned to the issuing authority. Renewal always implies the certainty that two valid cards do not co-exist;

(gg) ‘repair’ means : any repair of a motion sensor or of a vehicle unit that requires disconnection of its power supply, or disconnection from other recording equipment components, or opening of it;

(hh) ‘replacement’ means : issue of a tachograph card in replacement of an existing card, which has been declared lost, stolen or malfunctioning and has not been returned to the issuing authority. Replacement always implies a risk that two valid cards may co-exist;

(ii) ‘security certification’ means : process to certify, by an ITSEC ( 16 ) certification body, that the recording equipment (or component) or the tachograph card under investigation fulfils the security requirements defined in Appendix 10 Generic security targets;

(jj) ‘self test’ means : tests run cyclically and automatically by the recording equipment to detect faults;

(kk) ‘tachograph card’ means : smart card intended for use with the recording equipment. Tachograph cards allow for identification by the recording equipment of the identity (or identity group) of the cardholder and allow for data transfer and storage. A tachograph card may be of the following types: — driver card, — control card, — workshop card, — company card;

(ll) ‘type approval’ means : process to certify, by a Member State, that the recording equipment (or component) or the tachograph card under investigation fulfils the requirements of this regulation;

(mm) ‘tyre size’ means : the designation of the dimensions of the tyres (external driving wheels) in accordance with Directive 92/23/EEC of 31 march 1992 ( 17 );

(nn) ‘vehicle identification’ means : numbers identifying the vehicle: vehicle registration number (VRN) with indication of the registering Member State and vehicle identification number (VIN) ( 18 );

(oo) ‘vehicle unit (VU)’ means : the recording equipment excluding the motion sensor and the cables connecting the motion sensor. The vehicle unit may either be a single unit or be several units distributed in the vehicle, as long as it complies with the security requirements of this regulation;

(pp) for computing sake in the recording equipment ‘week’ means : the period between 00.00 hours UTC on Monday and 24.00 UTC on Sunday;

(qq) ‘workshop card’ means : a tachograph card issued by the authorities of a Member State to a recording equipment manufacturer, a fitter, a vehicle manufacturer or workshop, approved by that Member State. The workshop card identifies the cardholder and allows for testing, calibration and/or downloading of the recording equipment;

II. GENERAL CHARACTERISTICS AND FUNCTIONS OF THE RECORDING EQUIPMENT

Any vehicle fitted with the recording equipment complying with the provisions of this Annex, must include a speed display and an odometer. These functions may be included within the recording equipment.

1. General characteristics

The purpose of the recording equipment is to record, store, display, print, and output data related to driver activities.

The recording equipment includes cables, a motion sensor, and a vehicle unit.

The vehicle unit includes a processing unit, a data memory, a real time clock, two smart card interface devices (driver and co-driver), a printer, a display, a visual warning, a calibration/downloading connector, and facilities for entry of user's inputs.

The recording equipment may be connected to other devices through additional connectors.

Any inclusion in or connection to the recording equipment of any function, device, or devices, approved or otherwise, shall not interfere with, or be capable of interfering with, the proper and secure operation of the recording equipment and the provisions of the Regulation.

Recording equipment users identify themselves to the equipment via tachograph cards.

The recording equipment provides selective access rights to data and functions according to user's type and/or identity.

The recording equipment records and stores data in its data memory and in tachograph cards.

This is done in accordance with Directive 95/46/EC of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data ( 19 ).

2. Functions

The recording equipment shall ensure the following functions:

— monitoring cards insertions and withdrawals,

— speed and distance measurement,

— time measurement,

— monitoring driver activities,

— monitoring driving status,

— drivers manual entries: — — entry of places where daily work periods begin and/or end, — manual entry of driver activities, — entry of specific conditions,

— company locks management,

— monitoring control activities,

— detection of events and/or faults,

— built-in and self tests,

— reading from data memory,

— recording and storing in data memory,

— reading from tachograph cards,

— recording and storing in tachograph cards,

— displaying,

— printing,

— warning,

— data downloading to external media,

— output data to additional external devices,

— calibration,

— time adjustment.

3. Modes of operation

The recording equipment shall possess four modes of operation:

— operational mode,

— control mode,

— calibration mode,

— company mode.

The recording equipment shall switch to the following mode of operation according to the valid tachograph cards inserted into the card interface devices:







Mode of operation Driver slot No card Driver card Control card Workshop card Company card Co-driver slot No card Operational Operational Control Calibration Company Driver card Operational Operational Control Calibration Company Control card Control Control Control (1) Operational Operational Workshop card Calibration Calibration Operational Calibration (1) Operational Company card Company Company Operational Operational Company (1) (1) In these situations the recording equipment shall use only the tachograph card inserted in the driver slot.

The recording equipment shall ignore non-valid cards inserted, except displaying, printing or downloading data held on an expired card which shall be possible.

All functions listed in II.2. shall work in any mode of operation with the following exceptions:

— the calibration function is accessible in the calibration mode only,

— the time adjustment function is limited when not in the calibration mode,

— the driver manual entries functions are accessible in operational or calibration modes only,

— the company locks management function is accessible in the company mode only,

— the monitoring of control activities function is operational in the control mode only,

— the downloading function is not accessible in the operational mode (except as provided for in Requirement 150).

The recording equipment can output any data to display, printer or external interfaces with the following exceptions:

— in the operational mode, any personal identification (surname and first name(s)) not corresponding to a tachograph card inserted shall be blanked and any card number not corresponding to a tachograph card inserted shall be partially blanked (every odd character — from left to right — shall be blanked),

— in the company mode, driver related data (requirements 081, 084 and 087) can be output only for periods not locked by another company (as identified by the first 13 digits of the company card number),

— when no card is inserted in the recording equipment, driver related data can be output only for the current and eight previous calendar days.

4. Security

The system security aims at protecting the data memory in such a way as to prevent unauthorised access to and manipulation of the data and detecting any such attempts, protecting the integrity and authenticity of data exchanged between the motion sensor and the vehicle unit, protecting the integrity and authenticity of data exchanged between the recording equipment and the tachograph cards, and verifying the integrity and authenticity of data downloaded.

In order to achieve the system security, the recording equipment shall meet the security requirements specified in the motion sensor and vehicle unit generic security targets (Appendix 10).

III. CONSTRUCTION AND FUNCTIONAL REQUIREMENTS FOR RECORDING EQUIPMENT

1. Monitoring cards insertion and withdrawal

The recording equipment shall monitor the card interface devices to detect card insertions and withdrawals.

Upon card insertion the recording equipment shall detect whether the card inserted is a valid tachograph card and in such a case identify the card type.

The recording equipment shall be so designed that the tachograph cards are locked in position on their proper insertion into the card interface devices.

The release of tachograph cards may function only when the vehicle is stopped and after the relevant data have been stored on the cards. The release of the card shall require positive action by the user.

2. Speed and distance measurement

This function shall continuously measure and be able to provide the odometer value corresponding to the total distance travelled by the vehicle.

This function shall continuously measure and be able to provide the speed of the vehicle.

The speed measurement function shall also provide the information whether the vehicle is moving or stopped. The vehicle shall be considered as moving as soon as the function detects more than 1 imp/sec for at least five seconds from the motion sensor, otherwise the vehicle shall be considered as stopped.

Devices displaying speed (speedometer) and total distance travelled (odometer) installed in any vehicle fitted with a recording equipment complying with the provisions of this Regulation, shall comply with the requirements relating to maximum tolerances laid down in this Annex (Chapters III(2)(1) and III(2)(2)).

2.1. Measurement of distance travelled

The distance travelled may be measured either:

— so as to cumulate both forward and reverse movements, or

— so as to include only forward movement.

The recording equipment shall measure distance from 0 to 9999999,9 km.

Distance measured shall be within the following tolerances (distances of at least 1 000 m):

— ± 1 % before installation,

— ± 2 % on installation and periodic inspection,

— ± 4 % in use.

Distance measured shall have a resolution better than or equal to 0,1 km.

2.2. Measurement of speed

The recording equipment shall measure speed from 0 to 220 km/h.

To ensure a maximum tolerance on speed displayed of ± 6 km/h in use, and taking into account:

— a ± 2 km/h tolerance for input variations (tyre variations, …),

— a ± 1 km/h tolerance in measurements made during installation or periodic inspections,

the recording equipment shall, for speeds between 20 and 180 km/h, and for characteristic coefficients of the vehicle between 4 000 and 25 000 imp/km, measure the speed with a tolerance of ± 1 km/h (at constant speed).

Note: The resolution of data storage brings an additional tolerance of ± 0,5 km/h to speed stored by the recording equipment.

The speed shall be measured correctly within the normal tolerances within 2 seconds of the end of a speed change when the speed has changed at a rate up to 2 m/s2.

Speed measurement shall have a resolution better than or equal to 1 km/h.

3. Time measurement

The time measurement function shall measure permanently and digitally provide UTC date and time.

UTC date and time shall be used for dating throughout the recording equipment (recordings, printouts, data exchange, display, …).

In order to visualise the local time, it shall be possible to change the offset of the time displayed, in half hour steps.

Time drift shall be within ± 2 seconds per day in type approval conditions.

Time measured shall have a resolution better than or equal to 1 second.

Time measurement shall not be affected by an external power supply cut-off of less than 12 months in type approval conditions.

4. Monitoring driver activities

This function shall permanently and separately monitor the activities of one driver and one co-driver.

Driver activity shall be DRIVING, WORK, AVAILABILITY, or BREAK/REST.

It shall be possible for the driver and/or the co-driver to manually select WORK, AVAILABILITY, or BREAK/REST.

When the vehicle is moving, DRIVING shall be selected automatically for the driver and AVAILABILITY shall be selected automatically for the co-driver.

When the vehicle stops, WORK shall be selected automatically for the driver.

The first change of activity arising within 120 seconds of the automatic change to WORK due to the vehicle stop shall be assumed to have happened at the time of vehicle stop (therefore possibly cancelling the change to WORK).

This function shall output activity changes to the recording functions at a resolution of one minute.

Given a calendar minute, if any DRIVING activity has occurred within the minute, the whole minute shall be regarded as DRIVING.

Given a calendar minute, if any DRIVING activity has occurred within both the immediately preceding and the immediately succeeding minute, the whole minute shall be regarded as DRIVING.

Given a calendar minute that is not regarded as DRIVING according to previous requirements, the whole minute shall be regarded to be of the same type of activity as the longest continuous activity within the minute (or the latest of the equally longest).

This function shall also permanently monitor the continuous driving time and the cumulative break time of the driver.

5. Monitoring driving status

This function shall permanently and automatically monitor the driving status.

The driving status CREW shall be selected when two valid driver cards are inserted in the equipment, the driving status SINGLE shall be selected in any other case.

6. Drivers manual entries

6.1. Entry of places where daily work periods begin and/or end

This function shall allow for the entry of places where the daily work periods begin and/or end for a driver and/or a co-driver.

Places are defined as the country and, in addition where applicable, the region.

At the time of a driver (or workshop) card withdrawal, the recording equipment shall prompt the (co-)driver to enter a ‘place where the daily work period ends’.

The recording equipment shall allow this request to be disregarded.

It shall be possible to input places where daily work periods begin and/or end without card or at times other than card insertion or withdrawal.

6.2. Manual entry of driver activities

Upon driver (or workshop) card insertion, and only at this time, the recording equipment shall:

— remind the cardholder the date and time of his last card withdrawal, and

— ask the cardholder to identify if the current insertion of the card represents a continuation of the current daily work period.

The recording equipment shall allow the cardholder to disregard the question without answering, or to answer positively, or to answer negatively:

— in the case where the cardholder disregards the question, the recording equipment shall prompt the cardholder for a ‘place where the daily work period begins’. The recording equipment shall allow this request to be disregarded. If a location is entered, then it shall be recorded, in the data memory and in the tachograph card, and related to the card insertion time,

— in the case of a negative or positive answer, the recording equipment shall invite the cardholder to enter activities manually, with their dates and times of beginning and end, among WORK, AVAILABILITY, or BREAK/REST only, strictly included within the period last card withdrawal — current insertion only, and without allowing such activities to overlap mutually. This shall be done in accordance with the following procedures: — — in the case where the cardholder answers positively to the question, the recording equipment shall invite the cardholder to enter activities manually, in chronological order, for the period last card withdrawal — current insertion. The process shall end when the end time of a manually entered activity equals the card insertion time. — in the case where the cardholder answers negatively to the question, the recording equipment shall: — — invite the card holder to enter manually activities in chronological order from the card withdrawal time up to the time of end of the related daily work period (or of the activities related to that vehicle in the case where the daily work period continues on a record sheet). The recording equipment shall therefore, before allowing the cardholder to enter manually each activity, invite the cardholder to identify if the time of end of the last recorded activity represents the end of a previous work period (see note below), — Notes: in the case where the cardholder fails to declare when the previous work period ended, and manually enters an activity of which end time equals the card insertion time, the recording equipment shall: — assume that the daily work period ended at the start of the first REST (or remaining UNKNOWN) period after card withdrawal or at the time of card withdrawal if no rest period has been entered (and if no period remains UNKNOWN), — assume that the start time (see below) equals the card insertion time, — proceed through the steps below; — then, if the time of end of the related work period is different from the time of card withdrawal, or if no place of end of daily work period had been entered at that time, prompt the cardholder to ‘confirm or enter the place where the daily work period ended’ (the recording equipment shall allow this request to be disregarded). If a location is entered, it shall be recorded in the tachograph card only and only if different from the one entered at card withdrawal (if one was entered), and related to the time of end of the work period, — then invite the cardholder to ‘enter a start time’ of the current daily work period (or of the activities related to the current vehicle in the case where the card holder previously used a record sheet during this period), and prompt the cardholder for a ‘place where the daily work period begins’ (the recording equipment shall allow this request to be disregarded). If a location is entered, it shall be recorded in the tachograph card and related to this start time. If this start time is equal to the card insertion time, the location shall also be recorded in the data memory, — then, if this start time is different from the card insertion time, invite the cardholder to enter manually activities in chronological order from this start time up to the time of card insertion. The process shall end when the end time of a manually entered activity equals the card insertion time, — the recording equipment shall then allow the card holder to modify any activity manually entered, until validation by selection of a specific command, and thereafter forbid any such modification, — such answers to the initial question followed by no activity entries, shall be interpreted by the recording equipment as if the cardholder had disregarded the question.

During this whole process, the recording equipment shall wait for entries no longer than the following time-outs:

— if no interaction with the equipment's human machine interface is happening during one minute (with a visual, and possibly audible, warning after 30 seconds) or,

— if the card is withdrawn or another driver (or workshop) card is inserted or,

— as soon as the vehicle is moving,

in this case the recording equipment shall validate any entries already made.

6.3. Entry of specific conditions

The recording equipment shall allow the driver to enter, in real time, the following two specific conditions:

— ‘OUT OF SCOPE’ (begin, end)

— ‘FERRY/TRAIN CROSSING’

A ‘FERRY/TRAIN CROSSING’ may not occur if an ‘OUT OF SCOPE’ condition is opened.

An opened ‘OUT OF SCOPE’ condition must be automatically closed, by the recording equipment, if a driver card is inserted or withdrawn.

7. Company locks management

This function shall allow the management of the locks placed by a company to restrict data access in company mode to itself.

Company locks consist in a start date/time (lock-in) and an end date/time (lock-out) associated with the identification of the company as denoted by the company card number (at lock-in).

Locks may be turned ‘in’ or ‘out’ in real time only.

Locking-out shall only be possible for the company whose lock is ‘in’ (as identified by the first 13 digits of the company card number), or,

locking-out shall be automatic if another company locks in.

In the case where a company locks in and where the previous lock was for the same company, then it will be assumed that the previous lock has not been turned ‘out’ and is still ‘in’.

8. Monitoring control activities

This function shall monitor DISPLAYING, PRINTING, VU and card DOWNLOADING activities carried while in control mode.

This function shall also monitor OVER SPEEDING CONTROL activities while in control mode. An over speeding control is deemed to have happened when, in control mode, the ‘over speeding’ printout has been sent to the printer or to the display, or when ‘events and faults’ data have been downloaded from the VU data memory.

9. Detection of events and/or faults

This function shall detect the following events and/or faults:

9.1. Insertion of a non-valid card‘’ event

This event shall be triggered at the insertion of any non-valid card and/or when an inserted valid card expires.

9.2. ‘Card conflict’ event

This event shall be triggered when any of the valid cards combination noted X in the following table arise:







Card conflict Driver slot No card Driver card Control card Workshop card Company card Co-driver slot No card Driver card X Control card X X X Workshop card X X X X Company card X X X

9.3. ‘Time overlap’ event

This event shall be triggered when the date/time of last withdrawal of a driver card, as read from the card, is later than the current date/time of the recording equipment in which the card is inserted.

9.4. ‘Driving without an appropriate card’ event

This event shall be triggered for any tachograph cards combination noted X in the following table, when driver activity changes to DRIVING, or when there is a change of the mode of operation while driver activity is DRIVING:







Driving without an appropriate card Driver slot No (or non-valid) card Driver card Control card Workshop card Company card Co-driver slot No (or non-valid) card X X X Driver card X X X X Control card X X X X X Workshop card X X X X Company card X X X X X

9.5. ‘Card insertion while driving’ event

This event shall be triggered when a tachograph card is inserted in any slot, while driver activity is DRIVING.

9.6. ‘Last card session not correctly closed’ event

This event shall be triggered when at card insertion the recording equipment detects that, despite the provisions laid down in paragraph III(1), the previous card session has not been correctly closed (the card has been withdrawn before all relevant data have been stored on the card). This event shall be triggered by driver and workshop cards only.

9.7. ‘Over speeding’ event

This event shall be triggered for each over speeding.

9.8. ‘Power supply interruption’ event

This event shall be triggered, while not in calibration mode, in case of any interruption exceeding 200 milliseconds of the power supply of the motion sensor and/or of the vehicle unit. The interruption threshold shall be defined by the manufacturer. The drop in power supply due to the starting of the engine of the vehicle shall not trigger this event.

9.9. ‘Motion data error’ event

This event shall be triggered in case of interruption of the normal data flow between the motion sensor and the vehicle unit and/or in case of data integrity or data authentication error during data exchange between the motion sensor and the vehicle unit.

9.10. ‘Security breach attempt’ event

This event shall be triggered for any other event affecting the security of the motion sensor and/or of the vehicle unit as specified within the generic security targets of these components, while not in calibration mode.

9.11. ‘Card’ fault

This fault shall be triggered when a tachograph card failure occurs during operation.

9.12. ‘Recording equipment’ fault

This fault shall be triggered for any of these failures, while not in calibration mode:

— VU internal fault,

— printer fault,

— display fault,

— downloading fault,

— sensor fault.

10. Built-in and self tests

The recording equipment shall self-detect faults through self tests and built-in-tests, according to the following table:







Sub-assembly to test Self test Built-in-test Software Integrity Data memory Access Access, data integrity Card interface devices Access Access Keyboard Manual check Printer (up to manufacturer) Printout Display Visual check Downloading (performed only during downloading) Proper operation Sensor Proper operation Proper operation

11. Reading from data memory

The recording equipment shall be able to read any data stored in its data memory.

12. Recording and storing in the data memory

For the purpose of this paragraph,

— ‘365 days’ is defined as 365 calendar days of average drivers activity in a vehicle. The average activity per day in a vehicle is defined as at least six drivers or co-drivers, six card insertion withdrawal cycles, and 256 activity changes. ‘365 days’ therefore include at least 2 190 (co-)drivers, 2 190 card insertion withdrawal cycles, and 93 440 activity changes,

— times are recorded with a resolution of one minute, unless otherwise specified,

— odometer values are recorded with a resolution of one kilometre,

— speeds are recorded with a resolutio