Proposal for a COUNCIL REGULATION (EC) amending Council Regulation (EEC) 3821/85 and Council Directive 88/599/EEC on recording equipment in road transport
Date: 1994-07-22
Institutions: European Commission
Subjects: electronic component, electronic device, information storage, rest period, road transport, working time

COMMISSION OF THE EUROPEAN  COMMUNITIES 

C0M(94) 323 final 
Brussels, 22.07.1994 

94/0187 (SYN) 

Proposal 

f or  a 

COUNCIL  REGULATION  (EC) 

amending Council  Regulation  (EEC)  3821/85 

and  Council  Directive  88/599/EEC 

on recording  equipment  in road  transport 

( p r e s e n t ed  by  t he  Commission) 

E X P I ^ A T O t t Y T^ 

Subject  : 

Proposal  for  a  Council  Regulation  amending  Council  Regulation  (EEC) 
3821/85  and  Council Directive  88/599/EEC  on Recording  Equipment  in 
Road Transport  (tachograph) 

A. THE PURPOSE  OF THE PROPOSED SYSTEM 

The purpose  of  the proposed  amendment to Council Regulation  3821/85  is  to 
provide  for  the  mandatory  fitment  of  an  additional  element  to the  current  tachograph 
system as used by professional drivers with the aim of improving the enforcement of, and 
compliance with,  social legislation  relating  to road  transport,  as laid  down  in  Council 
Regulation  (EEC) 3820/85. 

The Union's social legislation set limits on periods of driving, and requirements 
for  rest  periods.  These  periods  are  currently  difficult  to  enforce.  Moreover,  and 
particularly in the current depressed haulage market, there are strong economic pressures 
on drivers  and operators  to exceed the statutory  limits on driving  periods 

As the Commission's White Paper on the Future Development of the Common 
Transport Policy recognises  "There is evidence that observance with (Community) rules 
is far  from  adequate even in those states where controls are relatively  strict". 

The risk of arrest and prosecution of offenders is currently too low to deter these 
illegal practices, which create a distortion of competition between those who flout the law 
and those operators  and drivers  who work within it. 

Many years of practical experience have highlighted two main deficiencies  with 
the current system.  Firstly,  there exists the potential for fraudulent  manipulation of the 
system  and,  thereby,  fabrication  of  the required  output  data.  Secondly,  the  existing 
system's output, in the form of a paper disc, is time-consuming to read and collate and, 
thus,  does  not  lend  itself  to  a  comprehensive  audit  by  enforcement  authorities  of 
operator's  records,  at their premises.  The difficulties  of carrying  out a comprehensive 
audit of  compliance with the regulations,  encourages fraudulent operators  to flout  the 
system. 

Again,  quoting from  the White Paper  "In order to know whether  someone can 
drive  lawfully  it  may  be  necessary  to consult  records  going  back  seven  days  or  even 
Interpretation  of  the  tachograph  disc  needs  considerable  expertise  and 
longer. 
experience. This lack of immediate transparency contributes to temptations to manipulate 
the system". 

To counter this problem it is proposed to improve the existing system by adding 
a  unit  which  will  provide  for  the  digital  storage  of  the  data  essential  for  recording 
driver's  social hours, onto a driver's  smart card. Member States will be responsible  for 
personalising  and issuing  the driver cards. 

y\ 

A  previous  amendment  [ref.  Commission  Regulation  (EEC)  No.  3314/90 of 
16.11.1990™] modified  the technical provisions of the Regulation so as to ensure, as far 
as possible,  that an interruption  of the power supply,  or of the signal from  the distance 
and speed  sensor,  to the tachograph would give a clear indication of these interruptions 
on the record  sheet/tachograph disc, thus providing a disincentive to this type of abuse. 
However,  electronic interruptions  of this kind are not the only means of fraudulent  use. 
The  recording  mechanisms  of  the  tachograph  and  the  recording  disc  itself  are  not 
sufficiently  tamperproof. 

The proposed amendment would provide a system which would allow for a quick 
and reliable check of compliance at the roadside.  It would also be more "user  friendly" 
for  the  driver,  thus  reducing  the  risk  of  inadvertent  infringment  of  driving  hours.  It 
would also allow enforcement  agencies to carry  out comprehensive analysis  of drivers 
hours data at operators premises by downloading the data.  The existing tachograph disc 
would be used  as a  "hard  copy"  to verify  the electronically  recorded  data. 

The proposed  regulation  also envisages a procedure  whereby  the Commission, 
assisted  by  the  committee  for  technical  adaptation  could  approve  alternative  systems 
which, for example, replace the hard copy record sheet with a data storage system which 
may  be  digital.  However,  any  such  equipment  must  have  accuracy  and  security 
comparable to the tachograph. 

The  overall  aim  is  to enable the presentation  and  analysis  of  accurate,  secure 
data  so  as  to  facilitate  both  rapid  roadside  enforcement  and,  where  the Member  State 
requires, an audit of the driver's hours at the operators base.  These measures will permit 
more  effective  enforcement  and  hence promote  equitable  competition,  counter  driver 
exploitation  and  enhance road  safety. 

B. JUSTIFICATION  FOR  ACTION AT COMMUNITY  LEVEL 

1- Subsidiarity 

(a)  What are the objectives  of the proposed  action in relation  to the Community's 

obligations ? 

The objective is to improve enforcement  of,  and compliance with,  Community 
social  legislation  on  driver's  hours,  relating  to  road  transport,  governed  by 
Council  Regulation  (EEC)  3820/85.  At present  Council  Regulation  3821/85 
provides  for  the  installation  and  use  of  recording  equipment  (tachograph)  to 
control this legislation.  However, the incompatibility of the present system with 
a  comprehensive  audit  of  compliance  with  the  relevant  social  regulations 
encourages the operation  of vehicles in excess of those regulations.  Therefore, 
it is proposed  that additional equipment, over and above the existing tachograph, 
must  be  fitted  to  commercial  vehicles.  This  will  facilitate  enforcement  both 
during  roadside  checks  by  Member  States'  authorities  on  vehicles  on  their 
territory  and,  if required,  on their own operators  and  drivers  at the operator's 
premises.  The  control  of  driver's  maximum  driving  hours  will  ensure  the 
maintenance  of  satisfactory  social  standards,  will  contribute  to  the  equity  of 
competition  and  benefit  road  safety  - all Community aims. 

(i)  OJ No L 318,  17.11.1990,  p. 20 

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(b)  Does  competence  for  the planned  activity  lie  solely  with  the Community  or  is 

it  shared  with the Member  States ? 

The  legal  basis  of  the  proposed  modification  is  Article  75,  paragraph  1  (c). 
Therefore,  competence  is  shared  between  the  Community  and  the  Member 
States. 

(c)  What  is  the  Community  dimension  of  the  problem  (for  example,  how  many 
Member  States are involved  and what solution has been used  up to now)  ? 

Regulation  (EEC)  3821/85  which  provides  the  means  of  measuring  and 
controlling  driver  social  hours,  as  laid  down  by  Regulation  (EEC)  3820/85, 
applies  in  all  Member  States.  Consequently,  all  Community  commercial 
vehicles  covered  by  this  Regulation  must  now  be equipped  with  a  tachograph 
system  and  will  therefore  be  subject  to  the  proposed  amendment,  with  the 
exception of vehicles  registered prior to  1 January  1990.  The new system  also 
requires  drivers  to  insert  a personalised  drivers  card  into  the  system,  before 
beginning  work,  to  allow  the  relevant  data  to  be  recorded.  Consequently, 
authorities  are  required  to  handle,  personalise  and  issue  such  cards  and  the 
relevant  drivers  are  required  to  use  them  each  time  they  drive  an  equipped 
commercial  vehicle within the Community. 

(d)  What is the most effective solution taking into account the means available to the 

Community  and those of  the Member  States ? 

That  all  relevant  vehicles  in  Member  States  are  fitted  with  the  additional 
equipment and that drivers are issued with the driver's  cards.  This will enable 
the  enforcement  of  the  social  legislation  Community-wide  by  the  control  of 
compatible  systems. 

Member  States  could  not  individually  take  such  measures  without  creating 
distortions  of  competition  and  practical  difficulties  for  Community  drivers, 
operators  and industry. 

(e)  What real added value will the activity proposed by the Community provide and 

what would be the cost of  inaction ? 

The added value of the proposal  for the Community will be the enhancement of 
the  enforcement  of  the  driver's  social  hours  which  will  provide  a  significant 
contribution  to  road  safety,  equity  of  competition  and  will  ensure  the 
maintenance of satisfactory  social standards. Inaction would perpetuate the status 
quo whereby a high number of journeys contravene the social hours regulations. 

(f)  What  forms  of  action  are  available  to  the  Community  (recommenda-tion, 

financial support,  regulation,  mutual recognition,  etc.)  ? 

Regulations  (EEC)  3820/85  and  (EEC)  3821/85  provide  the  basis  for  this 
proposal.  Consequently,  the  proposal  is  framed  in  the  form  of  a  Council 
Regulation. The Commission, assisted by the committee for technical adaptation, 
may  approve  equipment  as an alternative  to  that specified  in  the annex  to  this 
Regulation  provided  it  fulfills  certain  essential  functions.  Once  approved,  the 
Member  States  must  accept  such  equipment  by  mutual  recognition.  It  is  an 
essential  element  of  this  proposal  that all  Member  States  equip  their  vehicles 
with compatible equipment, at the same time.  Failure to do so would distort the 

-  3  -

market  and not achieve an improvement  on  todays  practices.  Consequently  a 
recommendation  would not be a viable option. 

(g)  Is  it  necessary  to  have a  uniform  regulation  or  is a  directive  setting  out the 
general objectives sufficient,  leaving implemen-tation at the level of the Member 
States ? 

As set out under  (f), this proposal  adapts an existing Regulation  and  therefore 
needs to be a Regulation in itself. Moreover,  because of the need to fix uniform 
standards and the technical nature of this proposal,  a directive would not be an 
appropriate  instrument. 

C.  GENERAL  DESCRIPTION  OF THE PROPOSED  EQUIPMENT 

This  proposed  amendment  provides  for  additional  elements  to  the  recording 
equipment  so as to provide  an integrated  on-board  automatic  data  processing  system. 
The system will, as at present,  receive data from the vehicle motion sensor and transmit 
that data onto a record sheet, the existing tachograph chart.  The data will also be picked 
up by the "electronic driver information device" and relevant data on driver's hours, rest 
times, etc, transfered  onto a driver  card.  The driver card is a  "smart  card"  issued  to a 
driver  by the relevant  Member  State authority.  The card  will be personalised  for that 
particular driver  : name, licence number etc.  In time it is envisaged  that this card  will 
become the driving licence itself.  The driver card will be capable of absorbing 28 days 
of driving  data. 

There  will be a positive and permanent  data link provided  between the driver 
card and tachograph  record  sheet - the insertion of the driver card into the vehicle data 
processor  will generate a sequential serial number on the record sheet.  This will render 
falsification  of data during roadside checks, and during any control at the undertakings 
premises, virtually impossible.  Also, there will be a "fingerprint"  generated in the data 
on the driver card which, when downloaded onto an office system, will link that data set 
(i.e.  for a particular  driver  on a particular  day) with the relevant record  sheet. 

The current  generation  of tachograph  (production  up to 1997)  will not be able 
to provide a serial  number  link with the driver card,  however the "fingerprint"  facility 
will be possible. 

The recording  and processing  of information  on driver's  hours  onto a driver's 
personal  card,  instead  of  relying  solely  on the paper  disc,  will  make  the  information 
easier to use by both enforcement  authorities and by the operators, and, will provide the 
possibility for a double check with the record sheet. This simplification will consequently 
enhance  enforcement  and  ensure  that  driver's  hours  data  are  free  from  fraudulent 
manipulation. 

Bearing  in  mind  the  rapid  technological  developments  in  digital  recording 
systems,  on  board  computers,etc.,  the  Commission,  assisted  by  the  committee  for 
technical adaptation, may also approve recording equipment which, for example, replaces 
the traditional  tachograph  and its hard  copy  record  sheet,  with  a  data  storage  system 
which may be digital.  However,  any such equipment  must provide an equivalent paper 
print out output which is available on demand, and which contains the necessary statutary 
information,  and is as at least as simple to interpret,  as the current  record  sheet.  The 
equipment  must also contain a visual display and smart card facility  as described  in the 
annex to this  regulation. 

.  4 _ 

D. WHO WILL BE AFFECTED BY THE REGULATION AND TO WHAT EXTENT? 

This proposed Regulation will affect the road freight and inter urban passenger 
transport sector in all Member States.  There is no disguising the fact that operators  will 
be concerned  at the cost  of  the systems  additional  equipment.  It is  estimated  that  the 
proposal  will add 80  %  to the cost of the existing  tachograph, or about 200 ECUS.  The 
cost of each driver's  smart card,  which contains the driver's  personal data and receives 
digitised  data  on  his  driving  hours,  would  be  around  25  ECUS,  which  includes  the 
administrative  cost of  the authorities  issuing  the cards to specific  drivers.  The cost  to 
the authorities  of  the blank  cards  should  be in  the order  of  10 ECUS  each.  About  6 
Million trucks and coaches would fall under the scope of  this proposal.  This  is a price 
that  has  to  be  paid  to  enable  authorities  to  achieve  effective  enforcement  of  the 
Community's  social  legislation  and  thereby  ensure  equity  of  competition.  Those 
operators  who  share  in  this  concern,as  well  as  the  trade  union  movement,  are  fully 
supportive. 

E.  IMPLEMENTATION  TIMING 

A lead time of about three years between the date of the formal adoption of the 
proposal  and  the  start  of  compulsory  fitment  on  new  vehicles  would  be  necessary  to 
enable truck and coach manufacturers to undertake the necessary preparatory work.  This 
should provide  sufficient  time for  Member  States administrations  to arrange  the issue 
and supervision  of  the driver's  smart card. 

For the driver card system  to be effective  within a limited  time,  retrofitment  to 
relevant  vehicles  should  be  completed  as  quickly  as  possible.  A  rapid  retro-fit 
programme  would also reduce the risk of an adverse effect on the truck  manufacturing 
industry, where the increased effectiveness of enforcement would discourage the purchase 
of  new vehicles  in which the new equipment was compulsorily  fitted. 

AU  vehicles,  subject  to  social  Regulation  3820/85  and  equipped  with  a 
tachograph  provided  for by  Regulation  3821/85  and registered  after  January  1990  will 
have  to  adapt  their  current  tachograph  system  to  include  the  additional  equipment 
specified  in the annex to this proposal.  Also, all drivers licenced to drive these vehicles 
will  need  to  be  issued  with  a  driver  card.  The  retrofitting  programme  should  be 
completed by January 2000. Manufacturers  of new vehicles will need to fit the proposed 
system  by January  1998. 

The  manufacturers  of  recording  equipment will  need to gain  type approval  by 
a Member State to the provisions  of this amending regulation by  1 January  1997  before 
that equipment can be sold onto the market.  The Regulation will refer to CEN standards 
for  the driver's  smart card and its  interface  with the recording  equipment. 

F.  CONSULTATION 

In drafting this proposal the Commission has consulted Member States, all sides 
of  industry  and  trade  unions.  An  expert  group  including  industry  and  representatives 
from  Member  States,  held  meetings  over  two  years  and  established  the  general 
philosophy  of  the  approach.  Expertise  from  industry,  "smart  card"  designers  and 
transport  consultants  agreed  the technical  feasibility  of  the system. 

In  accordance  with  Article  99  of  the  EEA  agreement,  EFTA  countries  have  been 

consulted  and their comments  have been noted. 

G. CONTENTS OF THE PROPOSAL 

Article  1 relates  to the "type approval" and the "use of equipment" chapters  of 

regulation  (EEC)  3821/85  and provides  for the following  amendments  : 

1.  Articles  4,  5,  6,  7,  8,  11 and  15 are amended to include the driver card within the 

type approval requirements. 

2.  Article  14 has been extended by three new paragraphs. 

§  3 

§ 4 

§ 5 

relates  to  the  issuing  by  the  statutory  authority  of  the  driver  card  after  the 
authority  has  included  the  personal  details  of  the  driver  within  the  cards' 
memory  ; 

concerns replacement of an old driver's card by a new one by the authority and 
the need  to keep appropriate records  ; 

recognises Member States right to require the archiving of data from the driver's 
card  for  enforcement  purposes  or  by  the  undertaking  for  management 
information and that any downloading of data would need to be registered on the 
driver card. 

3.  Article  15 is  amended  : 

a  third indent to the third paragraph is  added to give instructions  to the driver 
on how  to use the driver card ; 

a third sub paragraph is  added to paragraph 6 which will make it an offence  to 
falcify  data recorded by the equipment or have at the driver's disposal a device 
which could be used  to that end. 

the seventh paragraph includes the driver card data and visual display as well as 
the record  sheet,  as information  available to the authorized  inspecting  officer. 

4.  A  third paragraph is added to Article  16 concerning  the procedure to be followed  if 

a Driver  Card is  lost,  becomes  defective,  etc. 

5.  Article  17 has been extended to allow for the Commission,  with the assistance of the 
Committee as  defined  in  Article  18,  to amend the current regulation  in the light  of 
technical  progress  and  also  to  approve  alternative  systems  which  offer  the  same 
essential  functions  as  the  system  described  in Annex  I (A). 

Article  18 which relates to the technical adaptation committee procedure is replaced 
so as to establish a new committee for the approval of technical adaptations to Annex 
I  (A).  Such  adaptations  may  include  alternative  systems  which  are  provided  for 
within Article 17. The new Committee structure and operating procedure are defined 
in procedure I,  of Article 2 to Decision  87/373/EEC  (1). 

7.  A new annex,  Annex I  (A) is added. 

Article 2 concerns the retrofit programme which is applicable to all relevant vehicles 
registered after  1 January  1990.  It also gives exemption from  some of the technical 
"security"  requirements  of  Annex  1  (A)  for  vehicles  equipped  with  the  present 
generation  of  tachograph  for  vehicles first used  before  1 January  1998.  The Type 
Approval  requirements  for  any  additional  equipment  are  specified.  Finally,  the 
Article requires  that the retrofitting  programme be completed  by  1 January  2000. 

Article 3 permits Member States to grant EEC type approval for recording equipment 
approved  to Annex  1 of the unamended regulation  up until  1 January  1997. 

Article 4  requires  that  any  new  vehicle brought  into  service  from  1 January  1998 
must be fitted  with recording  equipment conforming  to this amending  Regulation. 

Article 5 amends Directive n'  88/159/EEC. 

Article 6 gives an entry  into force  of this Regulation  of  1  January  1996. 

H.  INTEREST  FOR EEA 

In  accordance  with  Article  99  of  the  EEA  Agreement,  EFTA  countries  were 

consulted  and agreed  with the principle of the proposal. 

( l ) O J N oL  197,  18.7.1987. 

(2) 

PROPOSAL FOR A COUNCIL REGULATION 
AMENDING COUNCIL REGULATION (EEC) No 3821/85 
AND COUNCIL DIRECTIVE No 88/599/EEC 
ON RECORDING EQUIPMENT IN ROAD TRANSPORT 

The Council of the European  Union -

Having regard  to the Treaty  establishing  the European  Community,  and in particular  Article 
75 thereof; 

Having regard  to the proposal  from  the Commission  (1); 

In cooperation  with  the European  Parliament ®; 

Having regard  to the Opinion of the Economic and Social Committee  0); 

Whereas  Council Regulation  3821/85  of 20 December  1985 on recording  equipment  in road 
transport  (4),  as  last  amended  by  Commission  Regulation  (EEC)  No  3688/92  (5)  lays  down 
provisions concerning construction, installation, use and testing of recording equipments in road 
transport; 

(1) OJ No C  ... 

a )O J N oC  ... 

a)  OJ No C  ... 

(4) OJ No L  370,  31.12.1985, p.  8. 

(5) OJ No L 374,  22.12.1992, p.  12. 

i 

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  this  gross  infringement  is  unacceptable  to  the individual  driver,  adversely  affects 
equitable competition  and presents  a road  safety  hazard; 

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  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  the EEC  social  regulations  contain requirements  for  limits  on  the daily  driving  and 
rest time and also for  the total driving and rest  time,  for  up to two weeks; 

Whereas  these requirements  are currently  difficult  to enforce  given that data are recorded  on 
several daily record  sheets, out of which the record sheets for the current week and the last day 
of the previous  week are stored  in the cab; 

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 it is therefore appropriate to modify Regulation (EEC) No 3821/85 in order to provide 
for  the addition of an electronic driver information  device to allow the insertion  of the driver 
card  into the existing  recording  equipment; 

Whereas,  in  accordance  of  the principle of  subsidiarity,  a Community  action  is necessary  in 
order  to  prevent  distortions  of  competition  and  practical  difficulties  which  could  arise  for 
Community  drivers,  operators  and industry  from  the application  of diverging  national rules, 

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; 

3 

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 technical adaptation,  together with  alternative systems which, for example, replaces 
the existing "tachograph" recording equipment and record sheet by equipment which stores data 
in digital form,  should be approved by the Commission,  assisted by a consultative committee; 

Whereas the approval of an alternative system will be dependent upon the degree to which that 
system at least  fulfills  the function  of the system described  in Annex  1A ; 

Whereas  the scope of  this regulation  includes vehicles which are  subject  to the provisions  of 
Regulation  (EEC)  No 3820/85 and were first  put into circulation  after  1 January  1990 ; 

HAS ADOPTED  THIS  REGULATION  : 

Article 1 

Council Regulation  (EEC)  No 3821/85 is hereby amended as follows  : 

1. 

(Concerns  only  the Portuguese version) 

2.  Article  1 is amended by adding  "or I (A)" after  "Annexes I". 

3.  Articles  4,  5,  6,  7,  8,  11 and  15(1),  (2)  first  and  second  sub  paragraph,  (3),  (4)  are 
amended by adding the words  "or driver card" where reference is made to "record  sheet" 
or  "record  sheets". 

4.  Third,  fourth  and fifth paragraphs  are added  to Article  14 as  follows: 

"  3.  The  driver  card  as  defined  in  Annex  I  (A)  shall  be  issued  to  the  driver  by  the 
competent authority  of  the Member  State where the driver  has his normal  residence. 
The authorities will personalise the driver card by adding the data referred  to in Annex 
I  (A)  Chapter  IV  (F)  to  blank  smart  cards  conforming  to  the  appropriate  CEN 
standards,  with a serial  number within the chip. 

A* 

The driver shall only possess one driver card at any one time. The driver is authorised 
to use only his own personalised  driver  card.  The driver  shall not use a driver card 
which has expired. 

4.  When a new driver card is issued replacing the old, all stored data shall be transfened 
from the old driver card as far as possible.  The new card shall contain the same driver 
number  but  the  index  shall  be  increased  by  one.  The  issuing  authority  will  keep 
records  of  loss  or  failure  of  the driver  card.  The  issuing  authority  shall  supply  a 
replacement  card  within  three days of receiving  a request  for  a replacement. 

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)." 

5.  The following  amendments  are made to Article  15 : 

A third  indent is added  to paragraph  3 : 

"-  At the end of the daily working period, the driver shall initiate the release of the driver 

card via a control button. " 

A third  sub-paragraph  is added to paragraph  6 : 

"  It shall be forbidden  to manipulate the equipment in any way such that any recordings 
made are  falsified.  No  device  which  is  designed  to be  used  to  that  effect  shall  be 
present  on the vehicle. " 

The following  sentence is added  to paragraph  7 : 

"  An authorized  inspecting  officer  may check the observance  of  Regulation  (EEC)  No 
3820/85  by  analysis  of  the  record  sheet,  by  the  visual  display  of  the  recording 
equipment or by reading data from  the driver card provided  the authorized  inspecting 
officer  has access  to a suitable reading device. " 

-M 

6.  A third paragraph  is added  to Article  16 as follows  : 

"3.  Should a driver card become damaged or defective then the driver  should return that 
card  to  the issuing  authority  and report  the fact  to  the competent  authorities  of  the 
Member  State  where  the  fault  has  occured.  The  loss  of  a  driver  card  should  be 
reported  to the issuing  authority  and the competent authorities  of  the Member  State 
where the loss occured.  The driver  may continue to drive without a driver  card  for 
a  maximum  period  of  fifteen  days,  provided  the  driver  can  produce  sufficient 
evidence  that  a  report  has been  made to the competent  authorities,  or  for  a  longer 
period  if this is necessary  for  the vehicle to return  to its premises." 

7.  A second  and  third  paragraph  are added to Article 17 as follows  : 

"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 I (A) 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 drivers hours data and speed shall be replicated in 
a  printout  which  shall be available on demand. The technical requirements  of  these 
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 I  (A) to 
this regulation. 

"3  Any consequential amendment to this Regulation may be adopted in accordance with 

the same procedure. " 

8.  Article  18 is replaced  as  follows  : 

The Commission  shall be assisted  by a committee of an advisory  nature composed  of the 
representatives of the Member States and chaired by the representative of the Commission. 

The  representative  of  the  Commission  shall  submit  to  the  committee  a  draft  of  the 
measures  to be taken. The committee shall deliver its opinion on the draft,  within a time 
limit  which  the  chairman  may  lay  down  according  to  the  urgency  of  the  matter,  if 
necessary  by taking a vote. 

-4t 

The opinion shall be recorded  in the minutes; in addition, each Member  State shall have 
the right to ask to have its position  recorded  in the minutes. 

The Commission shall take the upmost account of the opinion delivered by the committee. 
It  shall  inform  the  committee  of  the  manner  in  which  its  opinion  has  been  taken  into 
account. 

9.  A new annex,  Annex I  (A), is added. 

Article 2 

1.  Vehicles that entered  into service before  1  January  1990 shall be equipped with recording 
equipment referred  to in Annex  1 or  Annex  1 (A).  Article  14. 3, 4,  5 and  Article  15.3 
and Article 16.3 do not apply to these vehicles equipped with recording equipment referred 
to in Annex  I. 

2.  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 refened  to in Annex  1  (A) 
to this Regulation  with the exemption from  the following  requirements  of Annex  1 (A) : 

Chapter n  (a) 7,  8,  9,  (c) 5 and (e)  13, 14 
Chapter II (e) 9 with regard  to the first  sequential record  sheet number per day 
Chapter 11(e)  10 ,  11 
Chapter m  (a)  1.2  4th indent and  1.5  2nd and 3rd indent and  (a)  7.4 
Chapter IV  (b) and (d) 

3.  Vehicles that entered  into service from  1  January  1996 to  1  January  1998 shall,  before 1 

January  2000,  be equipped  with  recording  equipment  refened  to in  Annex  I  (A)  to this 
Regulation  with  the exemption  from  the following  requirements  of Annex I  (A) : 

Chapter II (a)  8,  9 and  (c) 5 
Chapter II (e) 9 with regard  to the first  sequential  record  sheet number per day 
Chapter 11(e)  10, 11 
Chapter III  (a)  1.2  4th indent and  (a)  7.4 
Chapter  IV  (b) and (d) 

IS 

4. 

If,  in order  to  meet  the requirements  of paragraph  2 or  3,  additional  equipment  has  to be 

fitted  to  existing  recording  equipment,  this  additional  equipment  is  subject  to  the 

requirements  for type approval according  to Chapter III of the Regulation.  The application 

for  type approval  of  the additional equipment  shall  indicate  the type or  types  of  recording 

equipment  with  which  it  will  be used.  For  purposes  of  testing  the additional  equipment, 

a  suitable  type  or  types  of  the recording  equipment  shall  be  provided. 

The competent  authorities  of  each Member  State shall  indicate on  the approval  certificate 

of  the  additional  equipment  the  type  or  types  of  recording  equipment  on  which  that 

additional  equipment  may  be  used. 

Article  3 

As  from  1 January  1997 Member  States  shall  no  longer  grant  EEC  type  approval  to any  new 

type of  recording  equipment  which  does not comply  with  the provisions  of  Annex  I (A) of  this 

Regulation. 

Article  4 

As  from  1 January  1998 the recording  equipment  of  any  new  vehicle brought  into  service  for 

the  first  time shall  comply  with  the provisions  of  Regulation  (EEC)  No  3821/85,  as  amended 

by  this  Regulation. 

Article  5 

Directive  88/599/EEC  is  hereby  amended  as  follows  : 

-  Article  3 of  the  said  Directive  shall  be amended  by  adding  the  words 

"or  driver  card"  where  reference  is  made  to  record  sheets. 

(3) 

Article 6 

This Regulation  shall enter into force  on  1 January  1996. 

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

Done at 

For the Council 
The President 

-if-

ANNEX  1 (A) 
TO REGULATION (EEC) N°  3821/85 

REQUIREMENTS  FOR CONSTRUCTION,  TESTING,  INSTALLATION,  AND 
INSPECTION 

I.  DEFINITIONS 

In this Annex : 

(a)  Recording  equipment  means : 

the total equipment intended  for  installation  in road vehicles to show  and record 
automatically  or  semi-automatically details of the movement of  such vehicles and of 
certain  working periods  of their drivers.  This equipment includes  an electronic driver 
information  device, one (two) card reader(s)  for  the insertion  of one (two) driver 
card(s),  a memory,  visual instruments,  and recording  facilities  for  one (two) record 
sheet(s). 

(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 tfie latter inscribe a continuous 
record  of the information  to be recorded.  The record  sheet is personal  to the driver 
and shall be identified  as such. 

(c)  Driver  card  means  : 

a removable information  storage device allocated by the authorities  of the Member 
States to each individual driver  for  the purposes  of identification  of  the driver and 
storage of essential  data. The format  and technical  specifications  of  the driver  card 
shall  meet the requirements  laid down in Chapter IV of  this Annex. 

(d)  The constant of  the recording  equipment  means : 

the numerical characteristic  giving the value of the input signal required  to show and 
record  a distance travelled  of one kilometre  ; this constant  must be expressed  either 
in revolutions  per  kilometre  (k  =  ...  rev/km)  or in impulses per  kilometre  (k  =  ... 
imp/km). 

Jt 

(e)  Characteristic  coefficient  of the vehicle means : 

I? 

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 normal test conditions  (see 
Chapter  VII.  e). The characteristic  coefficient  is expressed  either in revolutions  per 
kilometre  (w  =  ...  rev/km)  or  in impulses per kilometre  (w  =  ...imp/km). 

(f)  Effective  circumference  of the wheel tyres  means : 

the average of the distances  travelled  by each of the wheels moving the vehicle 
(driving  wheels)  in the course of one complete rotation.  The measurement  of  these 
distances  must be made under normal test conditions  (see Chapter  VU.  (e)) and is 
expressed  in the form  '1 =  ...  mm'. 

(g)  Workshop  Card  means : 

A removable data transfer  and  storage device as with the driver  card,  for  use in the 
card  reader  of the recording  equipment,  allocated by the authorities  of the Member 
States to each work shop. The workshop card identifies  the workshop and allows  for 
testing,  calibration  and programming  of the recording  equipment. 

H.  GENERAL CHARACTERISTICS  AND FUNCTIONS OF RECORDING 
EQUIPMENT 

The equipment  must be able to record,  store and display  the  following: 

(a) Recording  on the record  sheet 

1.  Distance travelled  by the vehicle 
2.  Speed of  the vehicle 
3.  Periods  of driving time 
4.  Other periods  of work or of  availability 
5.  Breaks  from  work and daily rest periods 
6.  Each opening of the case containing the record  sheet if the case can be opened,  or  the 

insertion  and/or  the removal of the record  sheet 

7.  For  electronic recording  equipment which is equipment operated  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 

8.  The last four  digits of the driver  card issue number and a three-digit sequential 

number 

9.  The start  of driving  without an inserted  or a functioning  driver  card 

(b) Storing in the memory 

1.  The data to be stored  on the driver card  according  to (c) 
2.  The data to be displayed according to (e) 

(c) Storing  on the driver  card 

1.  The essential  data of  the periods  listed  under 11(a) 3, 4 and 5 for  a period  of at least 

28 days. 

2.  The time of the first insertion  and the last removal of  the driver  card  per day with 

date and the total distance travelled  during this day for  at least 28 days. 

3.  Vehicles driven,  minimum 4 per day for at least 28 days,  with time, date and distance 

travelled  and the last  8 digits of the chassis  number. 

4.  The last  10 events according  to (e) 9 to (e)  12 and  10 faults  according  to (e)  16 and 

(e)  17 with the last  8 digits of the chassis  number. 

5.  A three-digit  sequential  number  for  recording  on the record  sheet. 

6.  The data according  to Chapter IV (f)4b,  (f)5a  and  (f)5b. 

7.  If  the vehicle has been  used  before  the cunent  driver,  by a driver  without a driver 

card,  the date time, duration,  and the list  8 digits of the chassis  number. 

8.  The data of the individual driver  refened  to under  1 to 5 is  transmitted  automatically 
to the driver  card  when it is removed  from  the card  reader.  The recording  on the 
driver  card  must be in  such a way that it is not possible to tamper  with  the data. 

(d) Recording  and  storing  in case of two drivers 

For  vehicles  used by two drivers  the driving time listed  under II (a) 3 must be 
recorded  on the record  sheet and stored on the driver  card  of the driver  who is 
driving  the vehicle. The equipment  must further  be capable of  recording 
simultaneously  but distinctly  details of the information  listed  under 11(a) 4 and 5 on 
two separate record  sheets and  storing  this on two driver cards. 

(e) Displaying  on request 

1.  Driver  card issue number (a) 

2.  Cunent  driving time since the last break or rest period  (b) 

3.  Driving time for  the day after  the last rest period  of at least  8 hours  (c) 

4.  Driving  times for  the day between two rest periods of at least  8 hours  for  the 

preceding  27 days on which the driver  has driven,  with date, time and duration 

5.  Total of  the driving  times for  the cunent  week and the preceding  week and the total 

of the driving times of  the two completed preceding weeks. 

6.  Rest periods  of at least  8 hours duration  for  the day and the preceding  27 days in 

each case with date, time and duration 

7.  Vehicles driven,  minimum 4 per day for  at least 28 days with the last  8 digits of the 
chassis  number,  distance travelled  per vehicle and day,  time of first insertion  and last 
removal of the driver  card,  the time of change of vehicle, and the first sequential 
record  sheet number per day 

8.  Actual sequential  number according  Chapter II (a) 8 

9.  Driving  without record  sheet with date, time, duration  and driver  card  issue number 

10. Time adjustment  in the memory  with date,  time and driver  card  issue number 

- i© 

11.  Interruption  of power  supply  to the recording  equipment with date,  time,  duration and 

driver card issue  number  (as defined  in n  (a)  7) 

12.-Sensor interruption  with date,  time,  duration and driver card issue  number  (as  defined 

in II (a) 7)  and in m  (a)  7.4 

13.  The last  8 digits  of  the chassis  number 

14.  Driving  without driver  card with date, time and duration 

15.  Driver  card issue  number of  the previous  driver with the times of  the last  insertion 

and removal  of  his  driver  card and the driving time and distance  travelled  during  this 
period. 

16.  Automatically  identifiable  system  faults of  the recording  equipment  with,  where 

possible,  date,  time  and driver card issue  number 

17.  Faults  in the driver  card with date and time and driver  card issue  number  where 

possible 

18.  The events  9  to  12 and faults  16 and  17 which are stored  on the driver  card with the 

last  8 digits  of  the chassis  number 

19.  The events  9  to  12 and  14 and the faults  16 and  17 at least for  the last  10 events and 

last  10  faults 

20.  Workshop  card  number of  the authorized fitter or workshop  with date of  at least  the 
last installation  inspection  and/or periodic  inspection  of  the recording  equipment 
according  to Chapter VII  (c) and (d). 

* 

Whenever time is  displayed  it  should be in hours  and minutes,  and whenever  the date is 
displayed  it  should  be by  day and month. 

m.  CONSTRUCTION  AND FUNCTIONAL REQUIREMENTS  FOR  RECORDING 

w 

EQUIPMENT 

(a) General points 

1.  Recording  equipment  shall include the following  : 

1.1.  Visual instruments  showing  : 

-  distance travelled  (distance recorder) 
- 
- 
-  display  (on request  according  to chapter II (e)) 

speed  (speedometer) 
time (clock) 

1.2.  Recording  instruments  comprising  : 

-  a recorder  of  the distance travelled 
-  a speed recorder 
-  one or  more time recorders 
-  a recorder  for  the last four  digits of the driver  card  issue number and a three-

digit sequential number 

1.3.  Memory  for processing  and storing  the items listed in Chapter II (c),  (d) and (e) 

1.4  Card  reader  for  reading  and transferring  the items listed in Chapter  II (c) and (d). 

1.5.  Marking  devices 

A marking device recording  on the record  sheet: 

-  each opening of the case œntaining that sheet if the case can be opened;  or the 

insertion  and/or removal of the record  sheet 

-  any interruption  in power supply to the recording  equipment  (according  to 

Chapter  n  (a) 7), at the latest when the power  supply is restored; 

-  any short  circuit or interruption  of the link between  the recording  equipment 
and the distance and  speed  sensor  according  to Chapter II (a) 7 and  Chapter 
m.(a)  7.4. 

2.  Any inclusion  in the recording  equipment of any device, or devices,  approved  or 

otherwise,  additional to those listed above,  must not interfere  with,  or  be capable of 
interfering  with,  the proper  accurate operation  of the mandatory  devices or with the 
reading  of them.  The recording  equipment must be submitted  for  approval 
complete with any such additional devices. 

3.  Materials 

IL 

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 
recording  equipment. 

4.  Measurement  of distance travelled 

The distance travelled  may be measured  and recorded  either  : 

- 
- 

so as to include both  forward  and reverse  movements,  or 
so as to include only  forward  movement. 

Any recording  of reversing  movements  must on no account affect  the clarity and 
accuracy  of the other recordings. 

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 40 2 m/s2,  within the limits of 
accepted  tolerances. 

6.  Measurement  of time (clock) 

6.1.  The measurement  of  time can be effected  mechanically and/or  electronically. 

6.2  If  the control  of  the mechanism  for  resetting  the clock is located  inside a case 

containing  the record  sheet,  each opening of that case must be automatically 
recorded  on the record  sheet.  If the case cannot be opened,  the resetting  must only 
be possible if  the record  sheet is removed: 

6.3.  If  the forward  movement mechanism of the record  sheet is controlled  by the clock, 

the period  during  which  the latter will run  conectly  after  being  fully  wound  must be 
greater  by at least  10% than the recording  period  conesponding  to the maximum 
sheet-load  of  the equipment. 

6.4  The clock time in the memory can be reset only when the driver  card  is inserted. 

The frequency  of resetting  is restricted  to once per day and to a maximum of 2 
minutes per day. 

!* 

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. 

7.3.  Protection  against electrical interference  and  magnetic fields must be provided 

complying  with standards  for  electronics  in vehicles. 

7.4.  The cables connecting  the recording  equipment to the transmitter  must be protected 
by electronic  monitoring,  such as signal encryption,  capable of detecting  as far as 
possible the presence  within  that part of the system  of any device,  not otherwise 
necessary  for  the conect  operation  of the recording  equipment,  and  which is capable 
of preventing  the accurate operation  of the recording  equipment by any short  circuit 
or interruption  or by modification  of the electronic data from  the speed and distance 
sensor,  or by the duplication  of otherwise approved  devices,  when that device is 
connected  and put into  operation. 

The aforementioned  electronic  monitoring  can 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.  In this case, 
the requirements  in  Chapter II (a) 7 to control the power  supply of the distance and 
speed  sensor,  the signal  from  the distance and speed  sensor  and any interruption  of 
the signal  lead  to the distance and speed  sensor  are not applicable. 

7.5.  The total system,  including  the connections  to the speed  and distance  sensor  must be 
protected  against  manipulation.  Any joint in any cable connecting  any part  of the 
recording  equipment  to any other part of the recording  equipment  must be so 
constructed  so as to prevent  the unauthorised  access  to cable ends and  terminals 
once the joint or connection  is sealed. 

7.6.  The recording  equipment  must as far  as possible  self  detect  faults. 

-J£V 

(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 showing at least 999 999.9  kilometres. 

2. 

Speed indicator  (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 recording  equipment and give a 
clear,  plain and unambiguous reading. 

4.  Visual instrument  for  selectively  displaying  on request 

4.1  The display  must permit,  as options,  to show  the information  according  to Chapter 
11(e) by actuation  of a switch device. The request  can take place selectively or 
sequentially. 

4.2  The display  must be clearly  legible,  the figure  height at least 5 mm and the value 

referring  to the driver  must be marked  and  separable for  driver  1 and driver  2. 

(c)  Warning  signals 

1.  A warning  to the driver  for  at least 30 seconds if the vehicle is driven  without the 

driver  card  in place. 

2.  A warning of 30 seconds  to the driver before  exceeding 41/2 hours driving  time per 

period  of driving time and 9 hours daily driving time. 

3.  A warning  to the driver if  he has failed  to observe  8 hours daily  rest period  within 

the last 24 hours 

4.  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. 

(d)  Recording  instruments 

1.  General points 

1.1.  All recording  equipment,  whatever  the form  of the record  sheet  (strip or disc)  must 
be provided  with a mark enabling the record  sheet to be inserted  conectly,  in  such a 
way as to ensure that the time shown by the clock and the time-marking on the sheet 
conespond. 

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 if the case can be opened  must be 
automatic. 

Recording  distance  travelled 

1.  Every  kilometre  of distance travelled  must be represented  on the record  by a 

variation  of at least one millimetre on the conesponding  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  movement 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 conesponding  coordinate. 

For  equipment designed  for  a maximum speed exceeding  100 Kilometers  per  hour, 
the variation  of  1.5  mm can be reduced  to at least  1 mm. 

4.  Recording  time 

4.1.  Recording  equipment  must be so constructed  that the period  of driving  time is 

always  recorded  automatically  when the vehicle is in  motion  and  that it is possible, 
through  the operation  where necessary  of a switch device to record  separately  the 
other periods  of time as indicated in Article  15 (3),  second  indent  (b),  (c) and  (d) of 
the Regulation. 

4.2.  It  must be possible,  from  the characteristics  of the traces,  their relative positions and 
if  necessary  the signs  laid down in Article  15 of the Regulation  to distinguish  clearly 
between the various  periods  of time. 
The various periods  of time should  be differentiated  from  one another  on the record 
by differences  in the thickness  of the relevant  traces,  or by any other  system  of at 
least equal effectiveness  from  the point of view of  legibility  and ease of 
interpretation  of  the record. 

•th 

4.3.  If in a recording  equipment  the time periods  of two drivers  have to be recorded  on 2 
separate record  sheets according  to Chapter II (d), the forward  movement  of the 
separate  sheets  must be effected  either by a single mechanism  or by  separate 
synchronized  mechanisms. 

(e)  Memory 

1.  The storing  of  the periods  of time according  Chapter II (a) 3, 4 and 5 has to be 

effected  in intervals  of  3 minutes. 

2. 

3. 

The period  of driving time has always to be stored  automatically  when  the vehicle is 
in motion. 

The other periods of time as indicated  in Article  15.3,  second  indent  (b),  (c) and (d) 
of the Regulation  have always to be stored  distinctly  through  the operation  where 
necessary  of a switch device. 

(f)  Closing  device 

The case containing  the record  sheet or sheets and the control of the mechanism  for 
resetting  the clock must be provided  with a closing device if the case can be 
opened. 

(g)  Markings 

1.  The following  markings  must appear on the instrument  face of the  recording 

equipment  : 

near 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. 

2.  The descriptive plaque must be built into the recording  equipment and  must show 
the following  markings,  which  must be visible on the recording  equipment when 
installed  : 

name and address  of the manufacturer  of the equipment, 
manufacturer's  number and year of  manufacture  of the equipment, 
approval  mark for  the recording  equipment type, 
the constant  of the recording  equipment in the form  'k  =  ...  rev/km'  or 
'k  =  ...  imp/km', 

optionally,  the range of speed  measurements,  in the form  indicated in 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 a  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 & and 7  represent  respectively  the maximum permissible  upward  and 
downward  deviations  from  the angle of calibration  a. 

(h)  Maximum  tolerances  (visual and recording  instruments) 

1.  On the test bench before  installation  : 

(a)  distance travelled  : 

1  % more or  less  than the real distance,  the distance being 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  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  and periodic inspection: 

(a)  distance travelled  : 

2%  more or  less  than the real distance,  that distance being at 
least one kilometre; 

(b)  speed  : 

4 km/h  more or  less  than the real  speed; 

(c)  time  : 

±  two minutes per day,  or 
±  ten  minutes per  seven days. 

3. 

In use 

(a)  distance travelled  : 

4%  more or less  than the real distance,  the distance being at 
least  one kilometre; 

(b)  speed  : 

6  km/h  more or less than the real  speed; 

(c)  time  : 

±  two minutes per day,  or 
±  ten minutes per  seven days. 

4.  The maximum  tolerances  set out in points  1, 2 and 3 are valid  for  temperatures 
between 0* and  +40"C,  the 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 VII. 

(a)  Insertion/removal 

IV. DRIVER CARD 

The recording  equipment  must be so constructed  that the driver  card  is locked in 
position  on its proper  insertion  into the card reader and that the driver  card  issue 
number is automatically  stored  in the memory. The release of the driver  card by 
means of an appropriate  mechanism  may only function  when the vehicle is  stationary 
and after  the relevant  data has been  stored  on the driver  card. 

(b)  Record  sheet  numbering 

The driver  card  should produce a three-digit  sequential  number  for  its recording  on 
the record  sheet and for  its display  on request. 

The proper  insertion  of the driver  card  into the card reader  will automatically 
generate a signal  which  will cause the recording  of the last 4 digits  of the driver  card 
issue number and a three-digit  sequential number on the record  sheet  as soon as the 
record  sheet is inserted  and operational. 

(c)  Data match on driver  card and record  sheet 

It shall be ensured  that the data recorded  on the record  sheet  matches with that 
transferred  on to the driver  card in such a way as to provide also in case of 
downloading the data onto a data archive a discrete linkage between the 2 sets of 
data. 

(d)  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  on the record  sheet. 

(e)  Memory  capacity of  the driver card 

The driver  card  will hold  sufficient  capacity  to store for  at least 28 days the data 
according  to Chapter  II  (c) for  the actual driver.  In the event that the data card  is 
full,  new data will replace the old in such a way that the card  will always hold  the 
last 28 days data. 

-n-

(f)  Visible data 

The driver  card  must bear the following  visible data: 

1.  driver's  surname 
2.  other names 
3.  date and place of birth 
4.  a.  date of issue of  the card 
b.  expiry date of the card 
c.  issuing  authority 

5.  a.  driving licence number including number of replacement  issue 

b.  driver  card issue number including index number of replacement  issue 

driver's  photograph 

6. 
7.  driver's  signature 

The data according  to 4b, 5a and 5b are also  stored  in the driver  card  memory. 

(g)  Downloading  of data 

The data from  the driver  card  shall be available for  downloading  onto a data archive 
at the operators'  premises  or at an approved  organisation  without a loss of the 
information  on the driver  card. 

(h)  Standards 

The driver  card  and recording  equipment must conform  to the following  standards  : 

ISO 7810 
ISO 7816-1 
ISO 7816-2 
ISO 7816-3 (Protocol  T  =  1) 

- 
- 
- 
- 
-  draft  ISO 7816-4 
-  draft  ISO  10373 
-  CEN.  For detailed  specification  of CEN standards  see Appendix  1 and 2. 

-3IL-

V.  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  refened  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 record  sheets are linked together to increase the continuous recording 
capacity  which can be achieved  without intervention by an operator,  the links 
between the various  sheets must be made in such a way that there are no breaks in or 
overlapping  of recordings  at the point of transfer  from  one sheet 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  conesponding  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 refened  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 

-33-

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  handwritten  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  or  chassis  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. 

- 

-w-

VI. INSTALLATION  OF RECORDING  EQUIPMENT 

(a)  Installation 

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 axle ratios  must be fitted  with a switch  device 
whereby  these various  ratios  will automatically  be brought into line with  the ratio 
for  which the equipment has been adapted  to the vehicle. 

(b)  Installation  plaque 

After  the equipment  has been checked on installation,  an installation  plaque which is 
clearly visible shall be affixed  on or in or beside the equipment.  After  every 
inspection by an approved fitter or workshop  requiring  a change in the calibration of 
the installation,  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 date on which the characteristic  coefficient  of the vehicle was determined 
and the effective  circumference  of the wheel tyres  measured, 
the last  8 digits of the chassis  number  of the vehicle. 

(c)  Sealing 

1.  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, 

sf 

(c) 

the adaptor proper and the point of its insertion  into the 
circuit, 

(d)  the switching  mechanism  for  vehicles with two or  more axle 

ratios, 

(e) 

the links joining  the adaptor and the switching  mechanism  to the rest  of the 
equipment, 

(f) 

the casings  required  under  Chapter HI (a) 7.2. 

(g)  any cover giving access to the means of adapting the constant of the 

recording  equipment to the characteristic  coefficient  of the vehicle. 

2.  In particular  cases,  further  seals may be required  on approval of  the equipment 
type and a note of the positioning  of these seals  must be made on the approval 
certificate. 

3.  The seals  mentioned in chapter  VI (c)  1 (b),  (c) and  (e) are authorised  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  (according  Chapter  VH) immediately 
after fitting the speed limitation device or any other device contributing  to road  safety 
or  within 7 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. 

- c* 

Vn.  CHECKS AND INSPECTIONS 

(a)  Approval  of test  stations  (fitters  and workshops) 

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

(b)  Certification  of new or repaired  instruments 

Every  individual device, whether new or repaired,  shall be certified  in respect  of its 
conect  operation  and  the accuracy of its readings and recordings,  within the limits 
laid down in Chapter HI (h)  1, by means of  sealing  in accordance with Chapter  VI 
(c)  1 (f). 

(c)  Installation  inspection  and  programming 

1.  When being fitted  to a vehicle,  the recording  equipment and the whole installation 
must comply with the provisions  relating  to maximum  tolerances  laid down in 
Chapter m  (h) 2. 

2.  The following  programming  of the recording  equipment has to be carried  out: 

the date of installation  test 
the time in the member  state where the vehicle is registered 
the daylight saving time adjustments  decided by the EC-Commission 
the last 8 digits of the chassis  number 
the number of the workshop card  of the approved fitter or  workshop 

(d)  Periodic  inspections 

1.  Periodic inspections  of the equipment fitted to vehicles  shall take place after  any 
repair  of the equipment or after  any alteration  of the characteristic  coefficient  of 
the vehicle or  of  the efficient  circumference  of the wheel tyres  or at least  once 
within  two years  since the last inspection  and may be carried  out in  conjunction 
with roadworthiness  tests  of vehicles. 

These inspections  shall include the following  checks  : 

that the recording  equipment is working conectly,  including  the data  transfer 
to the workshop  card, 
that compliance with the provision  of Chapter in  (h) 2 on the maximum 
tolerances  on installation  is ensured, 
that the recording  equipment carries  the type approval  mark, 
that the installation  plaque is  affixed, 
that the seals  on the equipment and on the other parts  of the 
installation  are intact, 
the actual circumference  of the tyres. 

-Jf-

2.  The following  programming  of the recording  equipment has to be carried  out: 

the date of the periodic inspection 
the time in the member state where the vehicle is registered 
the daylight saving time adjustments  decided by the EC-Commission 
the last  8 digits of the chassis  number 
the number of the workshops  card  of the approved  workshop 

3.  Such inspections  must include replacement  of the installation plaque. 

(e)  Measurement  of  enors 

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 national law, 
vehicle movement  : the vehicle shall advance under its own engine power in a 
straight line on level ground and at a speed of 50  ±  5 km/h.  The measuring 
distance shall be at least  1,000  m. 
Provided  that it is of comparable accuracy,  the test  may also be carried  out on an 
appropriate test bench. 

Table of  content 

I.  DEFINITIONS 

(a)  Recording  equipment  means  : 
(b)  Record  sheet means  : 
(c)  Driver card  means  : 
(d)  The constant of the recording  equipment means  : 
(e)  Characteristic  coefficient  of the vehicle  means  : 
(0  Effective  circumference  of the wheel tyres means  : 

H. GENERAL CHARACTERISTICS  AND  FUNCTIONS  OF RECORDING  EQUIPMENT 

(a)  Recording  on the record  sheet 
(b)  Storing in the memory 
(c)  Storing on the driver card 
(d)  Recording  and storing  in case of two drivers 
(e)  Displaying on request 

m.  CONSTRUCTION  AND  FUNCTIONAL REQUIREMENTS  FOR  RECORDING 

EQUIPMENT 
(a)  General points 
(b)  Visual  instruments 
(c)  Warning  signals 
(d)  Recording  instruments 
(e)  Memory 
(f)  Closing  device 
(g)  Markings 
(h)  Maximum tolerances  (visual  and recording instruments) 

TV. *DRTVER CARD 

(a)  Insertion/removal 
(b)  Record  sheet numbering 
(c)  Data match on driver card and record sheet 
(d)  Driving without driver card 
(e)  Memory capacity of the driver card 
(0  Visible dau 
(g)  Downloading  of  data 
(h)  Standards 

V.  RECORD SHEETS 

(a)  General points 
(b)  Recording  areas and their graduation 
(c) 
(d)  Free space for handwritten insertions 

Information to be printed on the record sheets 

VI.  INSTALLATION  OF RECORDING  EQUIPMENT 

(a) 
Installation 
(b)  Installation plaque 
(c)  Sealing 

VH. CHECKS  AND  INSPECTIONS 

(a)  Approval  of test stations (fitters  and workshops) 
(b)  Certification  of  new or repaired  instruments 
(c) 
Installation inspection and programming 
(d)  Periodic  inspections 
(e)  Measurement  of errors 

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BUSINESS IMPACT ASSESSMENT FORM 

Title of proposal  :  Proposal for a Council Regulation amending Council Regulation 
(EEC) 3821/85 and Council Directive 88/599/EEC on Recording 
Equipment  in Road Transport  Doc No. VII/122/92 

THE PROPOSAL 

1. 
The purpose of  the proposed  amendment to Council Regulation  3821/85 is 
to  provide  for  the  mandatory  fitment  of  an  additional  element  to  the  current 
tachograph  system  for  the use by professional  drivers  with  the aim  of  improving 
control  of  and  compliance  with  Community  social  legislation  relating  to  road 
transport governed by Council Regulation (EEC) 3820/85.  It is recognised  that this 
legislation is widely  abused. 

The Union's social legislation sets limits on driving periods and requirements 
for rest times.  These requirements are currently difficult  to control given the st rong 
economic pressure  on  drivers  and  operators  to  exceed  the  statutary  driving  hours 
particularly  in todays depressed  haulage market. 

To counter  this problem  it is proposed  to extend  the current  system by an 
additional  unit  which  will  provide  for  the  digital  storage  of  the essential  data  for 
controlling  driver's  social hours onto a driver's  smart card. 

This  proposed  system  provides  a  quick  and  reliable  method  of  checking 
compliance during roadside enforcement checks by the authorities, and by the driver 
so as to prevent inadvertent infringement  of driving hours. The system  would also 
enable authorities to comprehensively interrogate driver's hours data at an operator's 
premises  and hence enhance the enforcement  of the social regulations. 

This  will enable more effective  enforcement  and  hence promote  equitable 

competition,  improve the driver's  social conditions and enhance road  safety. 

The  scope of  the proposal  covers  vehicles  first  registered  after  1 January 
1990 which are included  within the scope of the social hours Regulation  (EEC)  N° 
3820/85.  That regulation provides  exemptions,  for  instance,  for  goods vehicles of 
less than 3.5 tonnes maximum weight and passenger vehicles suitable for carrying not 
more  than  nine  persons,  public  service  vehicles  (defined  as  passenger  carrying 
vehicles  on  regular  services  where  the  route  is  less  than  50  km),  military  and 
emergency  service vehicles, milk containers etc.  However, vehicles which are only 
used for local purposes by perhaps small business e.g. small construction companies, 
are not specifically  exempted. 

?? 

THE IMPACT  ON  BUSINESS 

2.  Who will be affected  by the proposal  ? 

The road  freight  and inter urban passenger  transport  sector  in all  Member 
States  will  be  affected.  There  is  no  disguising  the  fact  that  operators  will  be 
concerned  at  the  cost  of  additional  equipment,  in  particular  SME  type  operators 
where  the potential  use  of  the  stored  information  for  management  purposes  is  not 
perceived  as  having  added value. 

It is  estimated  that the proposal  will  add  80  % to  the cost  of  the  existing 
tachograph,  or about 200 ECU.  The cost of  each driver's  card  which contains  the 
driver's  personal  data  and  receives  digitised  data  on  his  driving  hours,  would  be 
around 25 Ecus,  which includes the administrative cost of the authorities issuing  the 
cards to specific  drivers.  The cost to the authorities of the blank smart cards will  be 
of the order of  10 ECUS each.  About 6 Million trucks and coaches  would fall under 
the scope  of  this proposal.  This  is  a price that has to be paid  to enable  authorities 
to  achieve effective  enforcement  of  the Community's  social  legislation  and  thereby 
ensure  equity  of  competition.  Those  operators  who  share in  this  concern,  and  the 
trade union  movement,  are fully  supportive. 

A  lead  time of  three  years  between  the date of  the formal  adoption  of  the 
proposal and the start of compulsory fitment on new vehicles  would be necessary  to 
enable truck and coach manufacturers  to undertake the necessary  preparatory  work. 
This should provide sufficient  time for Member States administrations  to arrange the 
issue  and control  of  the driver's  smart card. 

For the driver card system to be effective within a limited time, retrofitment 
to  relevant vehicles  should  be  completed  as  quickly  as  possible.  A  rapid  retro-fit 
programme  would  also  reduce  the  risk  o'f  an  adverse  effect  on  the  truck 
manufacturing  industry,  since  the  increased  effectiveness  of  enforcement  could 
discourage  the  purchase  of  new  vehicles  in  which  the  new  equipment  was 
compulsoriTy fitted. 

The manufacturers of vehicle data units and tachograph systems are in favour 
of  the  proposal  which  should  stimulate  the  market  and  provide  other  business 
opportunities.  This proposal  is  utilising accepted  or planned  CEN standards  which 
will  be accessible  throughout  the industry. 

This  will  potentially  benefit  SMES  who  can  supply  on  board  digital 
equipment  to  meet  the  required  specification.  At  the  moment  a  virtual  monopoly 
exists in the supply of tachographs.  The proposal will therefore open up the market. 

3.  What will  business  have to do to comply  with  the proposal  ? 

All  vehicles,  subject  to  social  Regulation  3820/85  and  equipped  with  a 
tachograph provided for by Regulation 3821/85 and registered after January  1990 will 
have  to  adapt  their  current  tachograph  system  to  include  the additional  equipment 
specified  in  the  annex  to  this  proposal.  Also,  all  drivers  licenced  to  drive  these 
vehicles  will  need  to  be  issued  with  a  driver  card.  The  retrofitting  programme 
should  be completed  by January  2000.  Manufacturers  of  new  vehicles  will  need  to 
fit  the proposed  system  to  their vehicles  by January  1997  for  new  types  of  vehicle 
and January  1998  for  all vehicles. 

i/o 

The manufacturers  of recording  equipment will  need to gain type approval 

by a Member  State before  that equipment can be sold  onto the market. 

4.  What economic  effects  is  the proposal  likely  to have 

- 

on employment ? 

The road haulage trade unions are very concerned  that enforcement  by Member 
States  authorities  is  not  sufficient  to  give  their  drivers  the  necessary  social 
protection, and they are driving far in excess of the statutary hours as a condition 
of  maintaining employment.  Not only does this have a detrimental effect  on the 
driver but also presents an acute road safety  risk.  The trade unions see  effective 
enforcement  and  the technology  to better  enable  that enforcement  as  a positive 
incentive to employment  and are therefore  fully  in  support of  this proposal. 

There  will  also  be  extra  employment 
in  the  on-board  data  processor 
manufacturing industry,  in particular as an essential  requirement of this proposal 
is  retrofitting  equipments  to the existing  fleet. 

However,  reducing  the potential  for  operators  to run in excess  of  the statutory 
driver's  hours could adversly  affect  those business  whoes position in the market 
is  dependent on enforcement  violation.  Their  loss  should  be the gain  for  those 
operators  who do not break the law. 

on investment  and  the creation  of  business  ? 

As  mentioned above,  the trade unions see the enhanced tachograph as a method 
of improving  enforcement  and hence, providing  necessary  social protetion.  The 
consequence of improved  enforcement  should be an expansion of  the number of 
drivers engaged in the business. The smart card and microprocessor industry will 
need to supply  the necessary  equipment to meet the requirements  and this  will 
serve  to expand  a business  which enjoys  a very  limited  market at present.  The 
effect on smart card production and design for transport use will be enhanced by 
the application of a tangible requirement.  This  can only assist  the application  of 
smart  card  technology  in  automatic payment  and  control  systems  such  as  road 
pricing. 

on the competitive  position  of  business  ? 

At present,  those operators  who work or would wish to work within the law are 
being  penalised  by  operators  who  don't.  The  risk  to  the  latter  of  being 
apprehended  obviously  is  not currently  a sufficient  deterrent. 

By increasing  the risk of prosecution the competitive position of honest operators 
will be enhanced.  This proposal opens the market to any company that can meet 
the appropriate  CEN  standards. 

14 

5.  Does  the proposal  contain  measures  to take account of  the specific  situation  of 

small  and medium-sized  firms  ? 

There are no specific  measures for small and medium sized firms other than 
to open the market for the supply of on board data recording  systems.  However,  in 
reaching the final proposal the drafting has been tailored to be at least aware of these 
enterprises.  For instance, a requirement that the driver must download the data from 
his driver  card onto a PC at the operator or operator's  agent base has been adapted 
to leave  such a requirement  to Member  States.  Nevertheless,  for  those  companies 
who do not wish  to make use of  the data provided by this system  (and  this is  likely 
to  be the  smaller  undertakings)  for  their own  management  control  and provide  the 
necessary  computing  equipment,  then  the  additional  equipment  required  from  this 
proposal  could be  unwelcome. 

Apart from  the extra cost of  the equipment,  the proposal  does  not require 
any additional procedures  on the part of  the operator.  For the driver,  save  for  the 
daily  use  of  his  driver's  card,  there  is  no  additional  burden.  Indeed,  the  driver's 
ability  to know  his  current  driver's  hours  status is considerably  enhanced. 

CONCLUSION 

6. 
In drafting  this proposal  the Commission  has consulted Member States,  all 
sides  of  industry  and  trade  unions.  An  expert  group  including  industry  and 
representatives  from  four  Member  States,  held  meetings  over  two  years  and 
established  the general philosophy of the approach.  Expertise from industry,  "smart 
card"  designers  and  transport  consultants  agreed  the  technical  feasibility  of  the 
system. 

This  consultation  procedure  was  completed  with  a  meeting  of  the  Joint 
Committee for Road Transport,  at which the employers side took a reserved position 
on this Regulation as regards  the cost implications,  and its transitional nature. 

Without  doubt,  the  most  significant  market  distortion  through  illegal 
operation  is  driving  in  excess  of  the social  hours and  non authorised  driving.  The 
enforcement  of  both  these  malpractices  will  be  enhanced  by  the  adoption  of  this 
Regulation. 

n 

ISSN 0254-1475 

COM(94) 323 final 

DOCUMENTS 

07 

EN 

Catalogue number : CB-CO-94-335-EN-C 

ISBN 92-77.71778-5 

Office for Official Publications of the European Communities 
L-2985 Luxembourg