COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 21.11.1995 
COM(95) 550 final 
94/0187 (SYN) 
Amended proposal for a 
COUNCIL REGULATION (EC) 
amending Council Regulation (EEC) 3821/85 
and Council Directive 88/599/EEC 
on recording equipment in road transport (Tachograph) 
(presented by the Commission pursuant to Article 189 a (2) 
of the EC-Treaty) 

EXPLANATORY MEMORANDUM 
Background 
2 
3 On 22.7.1994, the Commission sent to the Council a proposal for a Council 
Regulation (EC) amending Council Regulation (EEC) 3821/85 and Council 
Directive 88/599/EEC on recording equipment in road transport (Tachograph) 
(doc. COM(94)323 final - 94/0187(SYN)1. 
The purpose of this proposal is to provide for the mandatory fitment of an 
additional element to the current tachograph system. The current equipment 
records data onto a cardboard disk, the tachograph chart, by means of a stylus. 
The additional element would use electronic technology to upgrade the existing 
equipment into an integrated on-board automatic data processing system, which 
would operate in conjunction with a drivers 'Smart Card'. 
The proposal also allows for the tachograph chart to be replaced by digital 
technology providing that it delivers comparable accuracy and security. 
The technical specification of the new equipment is laid down in Annex IA of the 
proposal. 
On 22.2.19952, the Economic and Social Committee adopted its opinion. 
On 13.7.19953, the European Parliament approved the proposal at its first reading. 
The opinions of both the European Parliament and the Economic and Social 
Committee were generally supportive of the aims the proposal. The European 
Parliament, wishing to define as far as possible the new technology, also proposed 
an additional annex, Annex IB, which lays down as far as possible the technical 
specification of recording equipment in which the tachograph chart is replaced by 
an electronic memory. 
1 OJ n* C 243, 31.8.1994, p. 8. 
OJ n- C 
OJ n* C 
The Commission accepts 20 of the 32 requests. 
However, the Commission could not accept the other amendments proposed for 
the following reasons : 
Amendment to recital 2a (new) because the Commission does have the competence 
referred to. 
Amendment to recital 5a (new) because it is self evident and therefore need not be 
stated. 
Amendment to recital 7 which is not relevant. 
Amendment to recital 7a (new) as roadside checks are a valuable enforcement tool 
both within member states and on international journeys. 
Amendment to recital 9 because it would not be reasonable to set a deadline for 
abolishing the existing system when alternative technology is not yet past the 
development stage. 
Amendments to recital 13 and article 1(8) [Article 18 (Regulation 3821/85)] as we 
believe the current IIIA Committee is appropriate. 
Amendments to recital 15 and article 2(1) because to require retrofitting of 
vehicles from 1985 would place additional costs on industry and therefore 
seriously compromise compliance. 
Amendments to article 1(3) [Articles 4 to 8, 11 and 15 (Regulation 3821/85)] and 
article 1(4) [Article 14(5a) (new) (Regulation 3821/85)] as they imply that the 
drivers card is not an essential element in all new systems. 
Amendment to article 5a (new) as this implies that the Commission's proposal 
does not contain electronic elements. 
B. The Commission therefore modifies its proposal as follows : 
Amendments 1 to 5 are textual changes and additions which clarify the intentions 
of the proposal. 
Amendments 6 to 13, 15 to 18 and 20 which are relevant to the creation of Annex 
IB defining the new digital technology. 
Amendment 14 which improves the security of data. 
Amendment 19 which removes the requirement for an external warning signal. 
-3 
Amended proposal for a 
COUNCIL REGULATION (EC) 
amending Council Regulation (EEC) 3821/85 
and Council Directive 88/599/EEC 
on recording equipment in road transport (Tachograph) 
The proposal from the Commission forming the subject of document COM(94)323 final-
94/0187 (SYN)1 is hereby amended as follows : 
Initial text proposed by the Commission Amended text 
Amendment 1 
Recital 2 
Whereas economic pressures on transport 
undertakings and therefore on the 
individual driver works against respecting 
the necessary social hours and speed 
restrictions and that current enforcement 
does not provide a sufficient incentive to 
counter gross infringement: Whereas, due to the economic pressures 
and competition in road transport which 
affect individual drivers employed in that 
sector, it is difficult to ensure respect for 
driving and rest times and speed limits: 
OJ N" C243, 31.8.1994, p. 8. 
-4 -
Initial text proposed by the Commission Amended text 
Amendment 2 
Recital 3 
Whereas this gross infringement is 
unacceptable to the individual driver, 
adversely affects equitable competition 
and presents a road safety hazard; Whereas gross infringements present a 
road safety hazard and are unacceptable 
for reasons of competition for the 
individual driver who does respect the 
rules: 
Initial text proposed by the Commission Amended text 
Amendment 3 
Recital 4 
Whereas road safety would be enhanced 
by the encouragement of sensible driving 
through the automatic recording of other 
details of a vehicle's journey, such as 
speed and distance covered; Whereas road safety would be enhanced 
by the automatic recording and regular 
monitoring, both within the undertaking 
and by external authorities, of details of 
the driver's performance and behaviour 
and of the vehicle's journey, such as 
speed and distance covered; 
Initial text proposed by the Commission Amended text 
Amendment 4 
Recital 4a (new) 
Whereas the recording of a large number 
of details such as the time and place of 
operation for drivers and vehicles, the 
distance travelled, speed and fuel 
consumption can encourage sensible 
driving and rational management: 
-6 
Initial text proposed by the Commission Amended text 
Amendment 5 
Recital 5 
Whereas it is essential that any future 
system maintains the benefits with at least 
the same degree of accuracy, reliability 
and acceptability of the current system 
which over the past four decades has 
improved compliance with national and 
Community law: Whereas it is essential that any future 
system should be more accurate, more 
reliable and less susceptible to fraud than 
the current system, that all required data 
can be recorded and stored, and that low-
cost expansion of its functions for fleet 
management should be possible: 
Initial text proposed by the Commission Amended text 
Amendment 6 
Recital 8 
Whereas the introduction of the driver 
card should put an end to many of the 
most common abuses of the present 
system ensuring that data recorded is 
readily available by visual display, is 
unambiguous, easily intelligible, reliable 
and, above all, provides an indisputable 
record of the driver's actions for the last 
twenty eight days of driving; Whereas the introduction of new 
advanced equipment may put an end to 
abuses of the present system ensuring that 
data recorded are readily available in the 
undertaking and in the vehicle, are 
unambiguous, easily intelligible, reliable 
and, above all, provide an indisputable 
record of the driver's actions for the last 
twenty eight days of driving; 
-7 
Initial text proposed by the Commission Amended text 
Amendment 7 
Recital 11 
Whereas this Regulation, as far as it 
concerns the specification of the driver 
card, applies the "new approach" to 
technical harmonised standards by 
establishing a general framework for the 
equipment specification, leaving detailed 
requirements to industrial standardisation 
procedures; Whereas this Regulation, as far as it 
concerns the specification of the driver 
card and/or other electronic apparatus, 
applies the "new approach" to technical 
harmonised standards by establishing a 
general framework for the equipment 
specification, leaving detailed 
requirements to industrial standardisation 
procedures; 
Initial text proposed by the Commission Amended text 
Amendment 8 
Recital 12 
Whereas it is appropriate to provide for a 
simplified procedure for the adaptation of 
the technical aspects of this Regulation 
and the provision of alternative systems 
which fulfil the same essential functions; Whereas it is at the same time 
appropriate to provide in this Regulation 
for the technical aspects of the installation 
of alternative systems, which at least 
fulfil the same essential functions; 
Initial text proposed by the Commission Amended text 
Amendment 9 
Recital 14 
Whereas the approval of an alternative Whereas the approval of an alternative 
system will be dependent upon the degree system will be dependent upon the degree 
to which that system at least fulfils the to which that system at least fulfils the 
function of the system described in Annex function of the system described in 
1A ; Annex 1A or IB ; 
Initial text proposed by the Commission Amended text 
Amendment 10 
Article 1 (2) 
Article 1 (Regulation 3821/85) 
2. Article 1 is amended by adding 2. Article 1 is amended by adding 
"or 1A" after "Annexes I". "or 1A or IB" after "Annexes I". 
Initial text proposed by the Commission Amended text 
Amendment 11 
Article 1 (4), introductory phrase 
Article 14 (Regulation 3821/85) 
4. Third, fourth and fifth paragraphs 4. Third, fourth paragraphs and 
are added to Article 14 as follows: paragraphs 5a and 5b are added to 
Article 14 as follows: 
-9 
Initial text proposed by the Commission Amended text 
Amendment 12 
Article 1 (4) 
Article 14 (5) (Regulation 3821/85) 
5. Member States may require that 
the driver data stored on the smart 
card are archived by the 
undertaking or its competent 
authorities. In such cases they 
may require that data transmission 
is noted on the driver card (time, 
company name)." 5a. Member States shall take the 
necessary measures to ensure that 
the driver data stored on the smart 
card are archived by the 
undertaking or its competent 
authorities. The data transmission 
required for this purpose shall be 
noted on the driver card (time, 
company name)." 
- 10 
Initial text proposed by the Commission Amended text 
Amendment 13 
Article 1 (4) 
Article 14 (5b) (new) (Regulation 3821/85) 
5b. Member States shall ensure that 
the digitally processed data 
concerning the driver are stored 
and transmitted under the 
responsibility of the competent 
authorities or otherwise under a 
system that guarantees the security 
and correctness of the data. 
11 
Initial text proposed by the Commission Amended text 
Amendment 14 
Article 1 (5a) (new) 
Article 15a (new) (Regulation 3821/85) 
5a. The following Article 15a is 
added: 
"Article 15a 
It is prohibited to falsify, suppress or 
destroy data recorded on the record sheet 
or stored in the recording equipment or 
on the driver card. The same applies to 
manipulation of the recording equipment, 
record sheet or driver card which may 
result in data being falsified, suppressed 
or destroyed. No device which could be 
used to this effect shall be present on the 
vehicle. " 
- 12 
Initial text proposed by the Commission Amended text 
Amendment 15 
Article 1 (7) 
Article 17 (2) (Regulation 3821/85) 
- 13 
2. New annexes may be adopted in 
accordance with the same 
procedure in order to establish 
technical requirements for 
recording equipment in which the 
record sheet, and its recording 
facility as defined in Annex 1A 
are replaced by technology which 
delivers comparable accuracy and 
resolution. That technology may 
record data in digital form. 
However, the function of the 
record sheet with regard to its 
usefulness in providing a visual 
record of the driver's hours, data 
and speed shall be replicated in a 
printout which shall be available 
on demand. The technical 
requirements of those new 
Annexes shall contain procedures 
for downloading the recorded 
data. The functioning and 
specifications of the driver card 
together with its interface to the 
recording equipment and the visual 
display will be that described in 
Annex 1A to this regulation. New annexes may be adopted in 
accordance with the same 
procedure in order to establish 
technical requirements for 
recording equipment in which the 
record sheet, and its recording 
facility as defined in Annex 1A 
are replaced by technology which 
delivers comparable accuracy and 
resolution as described in Annex 
IB. That technology may record 
data in digital form. However, 
the function of the record sheet 
with regard to its usefulness in 
providing a visual record of the 
driver's hours, data and speed 
shall be replicated in a printout 
which shall be available on 
demand. The technical 
requirements of those new 
Annexes shall contain procedures 
for downloading the recorded 
data. The functioning and 
specifications of the driver card 
together with its interface to the 
recording equipment and the 
visual display will be that 
described in Annex 1A to this 
regulation. 
14 
2a. Annex IB lays down the 
procedure for establishing the 
technical specifications for 
recording equipment in which the 
record sheet or recording device 
referred to in Annex 1A is 
replaced by digital recording of 
data, the so-called "black box", in 
such a way that this equipment at 
least satisfies the same essential 
functions as the equipment 
provided for in Annex 1A on the 
understanding that compatibility in 
the read-out of data shall be 
guaranteed. 
- 15 
Initial text proposed by the Commission Amended text 
Amendment 16 
Article 1 (9) 
Annex 1A (Regulation 3821/85) 
9. A new annex, AnnexlA, is added. 9. New annexes 1A and IB are 
added. 
Initial text proposed by the Commission Amended text 
Amendment 17 
Article 2 (2), Introductory phrase 
Vehicles that entered into service 
from 1 January 1990 and prior to 
1 January 1996 shall, before 
1 January 2000, be equipped with 
recording equipment referred to in 
Annex 1A to this Regulation with 
the exemption from the following 
requirements of Annex 1A : Vehicles that entered into service 
from 1 January 1990 and prior to 
1 January 1996 shall, before 
1 January 2000, be equipped with 
recording equipment referred to in 
Annex 1A or Annex IB to this 
Regulation, if they are equipped 
with the equipment referred to in 
Annex 1A. with the exemption 
from the following requirements 
of Annex 1A : 
16 
Initial text proposed by the Commission Amended text 
Amendment 18 
Article 3 
As from 1 January 1997 Member States As from 1 January 1997 Member States 
shall no longer grant EEC type approval shall no longer grant EEC type approval 
to any new type of recording equipment to any new type of recording equipment 
which does not comply with the which does not comply with the 
provisions of Annex 1A of this provisions of Annex 1A or IB of this 
Regulation. Regulation. 
Initial text proposed by the Commission Amended text 
Amendment 19 
Annex 1A, III, (c), 4 (Regulation 3821/85) 
An external warning signal, visible 
to other road users, shall be made 
whenever the driver has driven in 
excess of any legal period of 
driving time or if the vehicle is 
used without a driver card in 
place. In cases of necessity, this 
signal can be interrupted by 
breaking a sealed switch. Deleted 
- 17 
Initial text proposed by the Commission Amended text 
Amendment 20 
Annex IB (new) 
A new Annex IB is added to read as 
follows where it differs from Annex 1A: 
1(a) Recording equipment means ...and 
a data memory. 
Kb) Mass storage device means: 
an electronic storage system for 
data (memory) built into the 
recording equipment, capable of 
storing x days from the recording 
equipment. The memory should 
be protected in such a was as to 
make unauthorized access to and 
manipulation of the data 
impossible. 
- 18 
IKâ) (renumbering after deletion of 
point 6 of Annex 1A lia) 
Point 6 is point 7 of Annex 1A Ha 
Point 7 is point 8 of Annex 1A lia 
Point 8 is point 9 of Annex 1A Ha 
IKd) Recording and storing in case of 
two drivers 
... The equipment must further be 
capable of recording and storing 
in the memory simultaneously but 
distinctly details of the 
information listed under IKa) 4 
and 5 on two driver cards. 
- 19 
urn 
1.5. Deleted 
(L. Measurement of time (clock) 
6.1. The measurement of time is 
effected automatically in the 
memory. 
(renumbering after deletion of points 6.2. 
and 6.3. of Annex 1A IH(a) 
Point 6.2. is point 6.4 of Annex 1A 111(b) 
L. Lighting and protection 
7.4.. second paragraph: deleted 
111(d) Recording instruments (new text) 
Recording instruments should 
record: 
1. distance travelled . 
2. speed 
3. time 
20 
IH(f) Closing device (new text) 
The output from the memory shall 
not be capable of manipulation by 
the driver or any other person and 
this must be made visible on the 
installation itself or by means of 
an indication of the time which is 
locked inside the memory. 
IV. DRIVER CARD 
(renumbering of headings after 
deletion of (b) and (c) 
(a) Insertion/removal 
(b) Driving without driver card 
The start of driving times without 
the driver card, i.e. where the 
driver card has not been inserted. 
or without a functioning driver 
card must be especially marked or 
indicated in the memory. 
(c) Memory capacity of the driver 
card 
(d) Visible data 
(e) Downloading of data 
(Q Standards 
-21 -
VI RECORD SHEETS (deleted) 
Consequently, 
Chapter VI (1A) becomes Chapter V (IB) 
Chapter VII (1A) becomes Chapter VI 
01) 
Remainder unchanged 
Done at Brussels For the Council 
22 
ISSN 0254-1475 
COM(95) 550 final 
DOCUMENTS 
EN 07 15 
Catalogue number : CB-CO-95-586-EN-C 
ISBN 92-77-95848-0 
Office for Official Publications of the European Communities 
L-2985 Luxembourg