COMMON POSITION (EC) No 5/98 adopted by the Council on 11 December 1997 with a view to adopting Council Regulation (EC) No .../98 of ... amending Regulation (EEC) No 3821/85 on recording equipment in road transport and Directive 88/599/EEC concerning the application of Regulations (EEC) No 3820/85 and (EEC) No 3821/85
Date: 1997-12-11
Institutions: Council of the European Union
Subjects: advisory committee (EU), comitology, harmonisation of standards, telecommunications, transmission network

C  43/6

EN

Official  Journal  of  the  European  Communities

9.2.98

COMMON  POSITION  (EC)  No  5/98

adopted  by  the  Council  on  11  December  1997

with a view to adopting Council Regulation (EC) No . . ./98 of . . . amending Regulation (EEC)
No  3821/85  on  recording  equipment  in  road  transport  and  Directive  88/599/EEC  concerning
the  application  of  Regulations  (EEC)  No  3820/85  and  (EEC)  No  3821/85

(98/C  43/02)

THE  COUNCIL  OF  THE  EUROPEAN  UNION,

reasons  of  competition  for  the  individual  driver
who  does  respect  the  rules;

Having  regard  to  the  Treaty  establishing  the  European
Community,  and  in  particular  Article  75(1)(c)  and  (d)
thereof,

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

Having regard to the opinion of the Economic and Social
Committee (2),

Acting  in  accordance  with  the  procedure  laid  down  in
Article  189c  of  the  Treaty (3),

(1)  Whereas Council Regulation (EEC) No 3821/85 of
20  December  1985  on  recording  equipment  in
road  transport (4) lays down provisions concerning
the  construction,  installation,  use  and  testing  of
recording  equipment  in  road  transport;

(2)  Whereas  experience  has  shown  that  the  economic
pressures  and  competition  in  road  transport  have
led  some  drivers  employed  by  road  haulage
companies  to  flout  certain  rules,  particularly  those
concerning the driving and rest times laid down in
Council  Regulation  (EEC)  No  3820/85  of  20
December  1985  on  the  harmonisation  of  certain
social  legislation  relating  to  road  transport (5);

(3)  Whereas blatant infringements and fraud present a
road  safety  hazard  and  are  unacceptable  for

(1)  OJ  C  243,  31.8.1994,  p.  8  and  OJ  C  370,  31.12.1985,

p.  1.

(2)  Opinion  delivered  on  22  February  1995  (OJ  C  110,

21.4.1995,  p.  19).

(3)  Opinion  of  the  European  Parliament  of  13  July  1995  (OJ
C  249,  25.9.1995,  p.  128)  Council  common  position  of
the  European
11  December  1997  and  Decisions  of 
Parliament  of 
in  the  Official
Journal).

. . .  (not  yet  published 

(4)  OJ  L  370,  31.12.1985,  p.  8.  Regulation  as  last  amended  by
Commission  Regulation  (EC)  No  1056/97  (OJ  L  154,
12.6.1997,  p.  21).

(5)  OJ  L  370,  31.12.1985,  p.  1.

(4)  Whereas  road  safety  would  be  improved  by  the
automatic  recording  and  regular  monitoring,  both
by 
the  competent
authorities,  of  details  of  the  driver’s  performance
and behaviour and of the vehicle’s journey, such as
speed  and  distance  covered;

the  undertaking  and  by 

(5)  Whereas  Community  social  regulations  contain
certain 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 it is difficult to
monitor  compliance  with  these  requirements  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  to  be  stored  in  the  cab;

it 

(6)  Whereas,  to  put  and  end  to  the  most  common
is  therefore
abuses  of  the  present  system, 
necessary  to  introduce  new  advanced  equipment
such  as  recording  equipment 
fitted  with  an
electronic  device  for  storing  relevant  information
and  a  personal  driver  card,  so  ensuring  that  the
data  recorded  are  retrievable,  intelligible  when
printed  out,  and  reliable,  and  that  they  provide  an
indisputable  record  of  the  work  done  by  both  the
driver  over  the  last  few  days  and  by  the  vehicle
over  a  period  of  several  months;

(7)  Whereas  the  total  security  of  the  system  and  its
components  is  essential  if  recording  equipment  is
to  function  efficiently;

(8)  Whereas  provisions  need  to  be  established  to
govern  the  conditions  under  which  driver  cards
may  be  issued  and  used;

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EN

Official  Journal  of  the  European  Communities

C  43/7

(9)  Whereas  the  data  on  drivers’  activities  must  be
verifiable  by 
the
the  drivers 
companies that employ them and by the competent
authorities  of 
the  Member  States;  whereas,
however,  only  data  relevant  to  their  respective
activities  should  be  accessible  to  a  driver  and  his
company;

themselves,  by 

HAS  ADOPTED  THIS  REGULATION:

Article  1

(10)  Whereas  the  recording  equipment  provided  for  in
this  Regulation  must  be  installed  on  vehicles  put
into  service  for  the  first  time  after  publication  in
the  Official  Journal  of  the  European  Communities
of  the  technical  specifications  some  of  which  are
defined by the Commission in accordance with the
committee  referred  to  in  Article  18  of  Regulation
(EEC)  No  3821/85;  whereas  a  transitional  period
is  needed  to  allow  new  recording  equipment  to  be
manufactured  in  accordance  with  those  technical
specifications 
component
type-approval;

granted  EC 

and 

(11)  Whereas  it  is  desirable  that  recording  equipment
complying  with  Annex  I(B)  should  also  offer  the
possibility  of  low-cost  expansion  of  its  functions
for  fleet  management;

(12)  Whereas,  in  accordance  with  the  principle  of
subsidiarity,  Community  action  is  necessary  to
amended  Regulation  (EEC)  No  3821/85  in  order
to ensure that recording equipment complying with
Annex  I(B)  is  compatible  with  driver  cards  and
that  the  data  produced  by  recording  equipment
complying  with  Annexes  I  and  I(B)  are  consistent;

(13)  Whereas technical progress necessitates the prompt
adaption  of  the  technical  requirements  laid  down
in  the  Annexes  to  this  Regulation;  whereas,  in
order  to  facilitate  the 
implementation  of  the
measures needed for this purpose, provision should
those
be  made 
Annexes  to  be  approved  by  the  Commission,
acting in accordance with the committee procedure
as  set  out  in  Council  Decision  87/373/EEC  of  13
July  1987  laying  down  the  procedures  for  the
exercise  of  implementing  powers  conferred  on  the
Commission (1);

technical  adaptations  of 

for 

(14)  Whereas 

the 

introduction  of  new  recording
that  certain  provisions  of
equipment  means 
Directive 
the
application  of  Regulations  (EEC)  No  3820/85  and
(EEC)  No  3821/85  need  to  be  amended,

88/599/EEC (2) 

concerning 

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

1. 

in  Article  1  the  words  ‘and  of  Annexes  I  and  II
thereto’  shall  be  replaced  by  ‘and  of  Annexes  I  or
I(B)  and  II  thereto’.

2.  Articles 4, 6, 7, 8, 9 and 11 and 15(1) and (2), first
subparagraph,  shall  be  amended  by  the  words  ‘or
driver  card’,  where  reference  is  made  to  ‘record
sheet’  or  ‘record  sheets’.

3. 

in Article 5, the first subparagraph shall be replaced
by  the  following:

‘A  Member  State  shall  grant  EC  component
type-approval to any type of recording equipment or
to  any  model  record  sheet  or  driver  card  which
conforms  to  the  requirements  laid  down  in  Annex  I
or  I(B)  to  this  Regulation,  provided  the  Member
State  is  in  a  position  to  check  that  production
models  conform  to  the  approved  type.

laid  down 

in  Annex 
in  accordance  with 

The system’s security must comply with the technical
I(B).  The
requirements 
Commission,  acting 
the
procedure  laid  down  in  Article  18,  shall  ensure  that
the  said  Annex  stipulates  that  recording  equipment
may  not  be  granted  EC  component  type-approval
until  the  whole  system  (the  recording  equipment
itself, driver card and electrical gearbox connections)
has  demonstrated  its  capacity  to  resist  attempts  to
tamper  with  or  alter  the  data  on  driving  times.  The
tests  necessary  to  establish  this  shall  be  carried  out
by  experts 
tampering
techniques.’

familiar  with  up-to-date 

4. 

in  Article  12:

(a)  paragraph  2  shall  be  replaced  by  the  following:

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

(1)  OJ  L  197,  18.7.1987,  p.  33.
(2)  OJ  L  325,  29.11.1988,  p.  55.

(b) in paragraph 3 the words ‘and electronic security
data’  shall  be  added  after  the  word  ‘marks’.

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EN

Official  Journal  of  the  European  Communities

9.2.98

(c)  in paragraph 4 the reference to ‘Annex I’ shall be
replaced  by  a  reference  to  ‘Annexes  I  and  I(B)’.

5.  Article  13  shall  be  replaced  by  the  following:

‘Article  13

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

6. 

in  Article  14:

(a)  paragraph  1  shall  be  replaced  by  the  following:

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

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

(b) the  following  paragraphs  shall  be  added:

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

A  Member  State  may  require  any  driver  subject
to  the  provisions  of  Regulation  (EEC)  No
3820/85 and normally resident on its territory to
hold  a  driver  card.

(a)  For  the  purposes  of  this  Regulation  ‘normal
residence’  means  the  place  where  a  person
usually  lives,  that  is  for  at  least  185  days  in
each  calendar  year,  because  of  personal  and
occupational  ties,  or,  in  the  case  of  a  person
with  no  occupational 
ties,  because  of
personal  ties  which  show  close  links  between
that  person  and  the  place  where  he  is  living.

from  his  personal 

However,  the  normal  residence  of  a  person
whose  occupational  ties  are  in  a  different
place 
ties  and  who
consequently  lives  in  turn  in  different  places
situated  in  two  or  more  Member  States  shall
be regarded as being the place of his personal
ties,  provided  that  such  person  returns  there
regularly. This last condition need not be met
where the person is living in a Member State
fixed-term
in  order 
assignment.

carry  out  a 

to 

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

(c)  Where  the  competent  authorities  of  the
Member  State  issuing  the  driver  card  have
doubts as to the validity of a statement as to
normal  residence  made  in  accordance  with
point  (b),  or  for  the  purpose  of  certain
they  may  request  any
specific  controls, 
additional  information  or  evidence.

4.  (a)  The  competent  authority  of  the  Member
State  shall  personalise  the  driver  card  in
accordance  with  the  provisions  of  Annex
I(B).

For  administrative  purposes,  the  driver
card  may  not  be  valid  for  more  than  five
years.

The driver may hold one driver card only.
The  driver  is  authorised  to  use  only  his
own  personalised  driver  card.  The  driver
shall  not  use  a  driver  card  which  is
defective  or  which  has  expired.

is 

When  a  new  driver  card 
issued
replacing the old, the new card shall bear
the same driver card issue number but the
index  shall  be  increased  by  one.  The
issuing  authority  shall  keep  records  of
lost  or  defective  driver  cards.

is 

the 

card 

driver 

If 
damaged,
malfunctions  or  is  lost  or  stolen,  the
authority  shall  supply  a  replacement  card
within  five  working  days  of  receiving  a
detailed  request  to  that  effect.

expiry  date 

card  whose 

In  the  event  of  a  request  for  the  renewal
of  a 
is
approaching,  the  authority  shall  supply  a
new  card  before  the  expiry  date  provided
that  the  request  was  sent  to  it  within  the
time  limits  laid  down  in  the  second
subparagraph  of  Article  15(1).

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(b) Driver  cards  shall  be  issued  only  to
the
to 
(EEC)  No

applicants  who  are 
provisions  of  Regulation 
3820/85.

subject 

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

false  declarations  and/or 

If 

(d) Driver  cards  issued  by  Member  States

shall  be  mutually  recognized.

Where  the  holder  of  a  valid  driver  card
issued  by  a  Member  State  has  established
his  normal  place  of  residence  in  another
Member State, he may ask for his card to
be  exchanged  for  an  equivalent  driver
card;  it  shall  be  the  responsibility  of  the
Member  State  which  carries  out  the
exchange  to  verify  if  necessary  whether
the  card  produced  is  actually  still  valid.

Member  States  carrying  out  an  exchange
shall return the old card to the authorities
of the Member State of issue and indicate
the  reasons  for  so  doing.

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

any 
renewal, 

exchange, 

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

5. Member  States  shall  ensure  that  data  needed
to  monitor  compliance  with  Regulation  (EEC)
No  3820/85  and  Council  Directive  92/6/EEC  of
10  February  1992  on  the  installation  and  use  of
speed  limitation  devices  for  certain  categories  of
motor  vehicles  in  the  Community (*)  which  are
recorded  by  recording  equipment  in  conformity

with Annex I(B) to this Regulation are stored for
at least 365 days after the date of their recording
and  that  they  can  be  made  available  under
conditions 
the  security  and
accuracy  of  the  data.

that  guarantee 

(*) OJ  L  57,  2.3.1992,  p.  27.’

7. 

in  Article  15:

(a)  in  paragraph  1:

—  the  following  subparagraph  shall  be  inserted

after  the  first  subparagraph:

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

to 

—  the  following  fourth  subparagraph  shall  be

added:

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

seven 

days 

for 

(b) paragraph  4  shall  be  replaced  by  the  following:

‘4. Each  Member  State  may  permit  all  the
periods referred to in paragraph 3, second indent
(b)  and  (c)  to  be  recorded  under  the  sign  m/
for
vehicles  registered  in  its  territory.’

(c)  the  following  paragraph  shall  be  added:

‘5a. The  driver  shall  enter  in  the  recording
equipment  in  conformity  with  Annex  I(B)  the
symbols  of  the  countries  in  which  he  begins  and
ends his daily work period. However, a Member
State  may  require  drivers  of  vehicles  engaged  in
transport  operations  inside  its  territory  to  add
more  detailed  geographic  specifications  to  the
country  symbol  provided  that  the  Member  State
has  notified  them  to  the  Commission  before  1
April  1998  and  that  they  do  not  number  more
than  20.

The  above  data  entries  shall  be  activated  by  the
driver, and may be entirely manual or automatic
if the recording equipment is linked to a satellite
tracking system.’

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(d) at  the  beginning  of  the  first  subparagraph  of
paragraph  6  the  word  ‘equipment’  shall  be
replaced  by  ‘recording  equipment  defined  in
Annex  I’.

information  being 

and/or  printed 
falsified,
suppressed  or  destroyed.  No  device  which  could
be  used  to  this  effect  shall  be  present  on  the
vehicle.’

(e)  paragraph  7  shall  be  replaced  by  the  following:

8. 

in  Article  16:

‘7. Where  the  driver  drives  a  vehicle  fitted  with
recording equipment in conformity with Annex I,
he  must  be  able  to  produce,  whenever  an
inspecting  officer  so  requests:

—  the record sheets for the current week and, in
any event, the sheet for the last day on which
he  drove  during  the  previous  week,

—  the  driver  card  if  he  holds  one,

—  print-outs  from  the  recording  equipment
defined  in  Annex  I(B)  if  he  drove  a  vehicle
fitted  with  such  recording  equipment  during
the  period  referred  to  in  the  first  indent.

Where  the  driver  drives  a  vehicle  fitted  with
recording  equipment  in  conformity  with  Annex
I(B),  he  must  be  able  to  produce,  whenever  an
inspecting  officer  so  requests:

—  the  driver  card  of  which  he  is  the  holder,

—  the  record  sheets  corresponding  to  the  same
period  as  the  one  referred  to  in  the  first
indent  of  the  previous  subparagraph  during
fitted  with
which  he  drove  a  vehicle 
recording  equipment 
in  conformity  with
Annex  I.

An  authorised 
inspecting  officer  may  check
compliance  with  Regulation  (EEC)  No  3820/85
by  analysis of the  record  sheets, of  the displayed
or printed data which have been recorded by the
recording  equipment  or  by  the  driver  card  or,
failing  this,  by  analysis  of  any  other  supporting
document  that  justifies  non-compliance  with  a
provision,  such  as  those  laid  down  in  Article
16(2)  and  (3).’

(f)  the  following  paragraph  shall  be  added:

‘8.
It  shall  be  forbidden  to  falsify,  suppress  or
destroy data recorded on the record sheet, stored
in the recording equipment or on the driver card,
or  print-outs  from  the  recording  equipment  as
defined  in  Annex  I(B).  The  same  applies  to  any
manipulation of the recording equipment, record
sheet  or  driver  card  which  may  result  in  data

(a)  paragraph  2  shall  be  replaced  by  the  following:

the 

equipment 

‘2. While 
is
recording 
unserviceable  or  malfunctioning,  drivers  shall
mark  on  the  record  sheet  or  sheets,  or  on  a
temporary  sheet  to  be  attached  to  the  record
sheet  or  to  the  driver  card,  all  information  for
the  various  periods  of  time  which  are  no  longer
the
recorded  or  printed  out  correctly  by 
recording  equipment.

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

(b) the  following  paragraph  shall  be  added:

if 

is  damaged  or 

If  a  driver  card 

‘3.
it
malfunctions,  the  driver  shall  return  it  to  the
competent  authority  of  the  Member  State  in
which  he  has  his  normal  residence.  Theft  of  the
driver  card  shall  be  the  subject  of  a  formal
declaration  to  the  competent  authorities  of  the
State  where  the  theft  occurred.

Loss  of  the  driver  card  must  be  reported  in  a
formal  declaration  to  the  competent  authorities
of  the  State  that  issued  it  and  to  the  competent
authorities  of  the  Member  State  of  normal
residence  where  they  are  different.

The  driver  may  continue  to  drive  without  a
driver card for a maximum period of 15 calendar
days or for a longer period if this is necessary for
the vehicle to return to its premises, provided he
can prove the impossibility of producing or using
the  card  during  this  period.

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

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9.  Article  17  shall  be  replaced  by  the  following:

—  (9):

‘Article  17

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

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

to 

(a)  Chapter  II

—  (d)(17):

logical  structure  of  the  driver  card,

—  (10):

functions  and  commands,

—  (11):

elementary files;

and  Chapter  IV(B);

(d) Chapter  V:

printer  and  standard  print-outs’.

displaying  and  printing  of  faults 
recording  equipment,

in  the

10.  Article  18  shall  be  replaced  by  the  following:

—  (d)(18):

‘Article  18

displaying and printing of faults in the driver
card,

—  (d)(21):

displaying  and  printing  of  summary  reports;

(b) Chapter  III

—  (a)(6.3):

for 

the  protection  of  vehicle
standards 
electronics  against  electrical  interference  and
magnetic fields,

—  (a)(6.5):

protection  (security)  of  the  total  system,

—  (c)(1):

warning 
malfunctioning  of  the  recording  equipment,

indicating 

signals 

internal

the 

—  (c)(5):

format  of  the  warnings,

—  (f):

maximum tolerances;

(c)  Chapter  IV(A):

—  (4):

standards,

—  (5):

security,  including  data  protection,

—  (6):

temperature  range,

—  (8):

1. Where  reference  is  made  to  the  procedure  laid
down  in  this  Article,  the  Commission  shall  be
assisted  by  a 
the
representatives of the Member States and chaired by
the  representative  of  the  Commission.

composed  of 

committee 

2. 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.  The  opinion  shall  be  delivered  by  the
majority laid down in Article 148(2) of the Treaty in
the  case  of  decisions  which  the  Council  is  required
to  adopt  on  a  proposal  from  the  Commission.  The
votes  of  the  representatives  of  the  Member  States
within  the  committee  shall  be  weighted  in  the
manner  set  out  in  that  Article.  The  chairman  shall
not  vote.

3.  (a)  The  Commission  shall  adopt  the  measures
envisaged  if  they  are  in  accordance  with  the
opinion  of  the  committee.

(b) If 

the  opinion  of 

the  measures  envisaged  are  not 

in
accordance  with 
the
committee,  or  if  no  opinion  is  delivered,  the
Commission  shall,  without  delay,  submit  to
the  Council  a  proposal  relating  to  the
measures  to  be  taken.  The  Council  shall  act
by  a  qualified  majority.

If,  on  the  expiry  of  a  period  of  three  months
from  the  date  of  referral  to  the  Council,  the
the  proposed
Council  has  not  acted, 
measures 
the
by 
shall 
Commission.’

adopted 

be 

11.  Annex I(B), as contained in the Annex to the present

electrical characteristics,

Regulation,  is  hereby  added.

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Article  2

‘2. The  elements  of  roadside  checks  are:

1.  (a)  24  months  from  the  date  of  publication  in  the
Official  Journal  of  the  European  Communities  of
the act to be adopted pursuant to Article 17(2) of
Regulation  (EEC)  No  3821/85,  as  amended  by
this  Regulation,  vehicles  put  into  service  for  the
first time must be fitted with recording equipment
in accordance with the requirements of Annex I(B)
to  Regulation  (EEC)  No  3821/85.

(b) As  from  the  date  of  entry  into  force  of  the
provisions  of  subparagraph  (a),  vehicles  used  for
the carriage of persons containing more than eight
seats  apart  from  the  driver’s  seat  and  having  a
maximum  weight  exceeding  10  tonnes,  and  also
vehicles  used  for  the  carriage  of  goods  having  a
maximum  weight  exceeding  12  tonnes,  registered
for  the  first  time  as  from  1  January  1996,  shall,
insofar  as  the  transmission  of  signals  to  the
recording  equipment  with  which  they  are  fitted  is
exclusively  electrical,  satisfy  the  requirements  of
Annex  I(B)  to  Regulation  (EEC)  No  3821/85
when  the  equipment  in  question  is  replaced.

2. Member  States  shall  take  the  necessary  measures  to
ensure  that  they  are  able  to  issue  driver  cards  no  later
than  21  months  following  the  date  of  publication  of  the
act  referred  to  in  paragraph  1(a).

3.
In  the  event  that  12  months  after  the  date  of
publication  of  the  act  referred  to  in  paragraph  1,  EC
type-approval  has  not  been  granted  to  any  item  of
recording equipment which conforms to the requirements
of  Annex  I(B)  to  Regulation  (EEC)  No  3821/85,  the
Commission  shall  submit  a  proposal  to  the  Council  for
an  extension  of  the  deadline  laid  down  in  paragraphs  1
and  2.

4. Drivers  who,  before  the  date  laid  down  in  paragraph
2,  drive  vehicles 
fitted  with  recording  equipment
conforming  to  the  requirements  of  Annex  I(B)  to
Regulation  (EEC)  No  3821/85  for  which  the  competent
authorities  have  not  yet  been  able  to  issue  a  driver  card
shall  at  the  end  of  their  daily  work  period  print  out  the
information  concerning  the  various  periods  of  time
recorded  by  the  recording  equipment  and  shall  indicate
their  identification  details  on  the  print-out  (name  and/or
driving  licence  number),  and  sign  it.

in  the  case  of  clear 

—  daily  driving  periods,  breaks  and  daily  rest
indications  of
periods; 
irregularities,  also  the  preceding  days’  record
sheets  which  have  to  be  carried  on  board  the
vehicle 
in  accordance  with  Article  15(7)  of
Regulation  (EEC)  No  3821/85  as  amended  by
Regulation  (EC)  No  . . ./98(*)  and/or  the  data
stored  for  the  same  period  on  the  driver  card
and/or  in  the  memory  of  the  recording  equipment
in  conformity  with  Annex  I(B),

—  for  the  period  referred  to  in  Article  15(7)  of
Regulation  (EEC)  No  3821/85,  any  cases  where
the  vehicle’s  authorised  speed  is  exceeded,  to  be
defined  as  being  any  periods  of  more  than  one
minute  during  which  the  vehicle’s  speed  exceeds
90 km/h for category N3  vehicles or 105 km/h for
category M3  vehicles (categories N3  and  M3  being
as 
to  Directive
defined 
70/156/EEC) (**),

in  Annex 

I 

—  where appropriate, momentary speeds attained by
the  vehicle  as 
recording
equipment in no more than the previous 24 hours’
use  of  the  vehicle,

recorded  by 

the 

—  last  weekly  rest  period,  where  appropriate,

—  correct  functioning  of  the  recording  equipment
(determination  of  possible  misuse  of 
the
equipment  and/or  the  driver  card  and/or  record
sheets)  or,  where  appropriate,  presence  of  the
documents  referred 
in  Article  14(5)  of
to 
Regulation  (EEC)  No  3820/85.

(*)  Council  Regulation  (EC)  No  . . ./98  amending
Regulation  (EEC)  No  3821/85  on  recording
in  road  transport  and  Directive
equipment 
88/599/EEC  concerning 
for
applying  Regulation  (EEC)  No  3820/85  and
(EEC)  No  3821/85  (OJ  L  . . .).

the  procedures 

(**) Council  Directive  70/156/EEC  of  6  February
1970  on  the  approximation  of  the  laws  of  the
Member  States  relating  to  the  type-approval  of
motor  vehicles  and  their  trailers  (OJ  L  42,
23.2.1970,  p.  1).  Directive  has  last  amended  by
Directive  97/27/EC 
(OJ  L  233,  25.8.1997,
p.  1).’

Article  3

2.  Article  4(3)  shall  be  replaced  by  the  following:

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

1.  Article  3(2)  shall  be  replaced  by  the  following:

‘3. For  the  purposes  of  this  Article,  checks  carried
out  at  the  premises  of  the  competent  authorities,  on
the  basis  of  relevant  documents  and/or  data  handed

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over  by  undertakings  at  the  request  of  the  said
authorities,  shall  have  the  same  status  as  checks
carried  out  at  the  premises  of  undertakings.’

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

Article  4

Done  at  . . .

This  Regulation  shall  enter  into  force  on  the  day
following that of its publication in the Official Journal of
the  European  Communities.

For  the  Council

The  President

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ANNEX

‘ANNEX  I(B)

REQUIREMENTS  FOR  CONSTRUCTION,  TESTING,  INSTALLATION,  AND  INSPECTION

I. DEFINITIONS

In  this  Annex:

(a)  “recording  equipment”  means:

the total equipment intended for installation in road vehicles to show, record and store automatically or
semi-automatically details of the movement of such vehicles and of certain work periods of their drivers.
This equipment includes cables, sensors, an electronic driver information device, one (two) card reader(s)
for the insertion of one or two driver card(s) with a memory, an integrated or separate printer, display
instruments,  facilities  for  downloading  the  data  memory,  facilities  to  display  or  print  information  on
demand  and  facilities  for  the  input  of  the  places  where  the  daily  work  period  begins  and  ends;

(b) “data  memory”  means:

an electronic storage system built into the recording equipment, capable of storing at least 365 calendar
days  from  the  recording  equipment.  The  memory  should  be  protected  in  such  a  way  as  to  prevent
unauthorised  access  to  and  manipulation  of  the  data  and  detect  any  such  attempt;

(c)  “driver  card  (with  memory)”  means:

a removable information transfer and storage device allocated by the authorities of the Member States to
each  individual  driver  for  the  purposes  of  identification  of  the  driver  and  storage  of  essential  data.  The
format  and  technical  specifications  of  the  driver  card  (with  memory)  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);

(e)  “characteristic  coefficient  of  the  vehicle”  means:

the  numerical  characteristic  giving  the  value  of  the  output  signal  emitted  by  the  part  of  the  vehicle
linking  it  with  the  recording  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  VII(e))  and  is  expressed  in  the  form  “l  =  . . .  mm”;  where  appropriate
measurement  of  these  distances  may  be  based  on  a  theoretical  calculation  which  takes  into  account  the
distribution  of  the  maximum  authorised  weight  on  the  axles;

(g)  “test  station  card”  means:

a  removable  data  transfer  and  storage  device  for  use  in  the  card  reader  of  the  recording  equipment,
issued by the authorities of the Member States to their authorised bodies. The test station card identifies
the  body  and  allows  for  testing,  calibration  and  programming  of  the  recording  equipment;

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(h) “control  card”  means:

a  removable  data  transfer  and  storage  device  for  use  in  the  card  reader  of  the  recording  equipment,
issued by the authorities of the Member States to competent authorities to get access to the data stored
in  the  data  memory  or  in  the  driver  cards  for  reading,  printing  and/or  downloading;

(i)  “company  data  card”  means:

a  removable  data  transfer  and  storage  device  issued  by  the  Member  State’s  authorities  to  the  owner  of
vehicles  fitted  with  recording  equipment.

The company data card allows for displaying, downloading and printing of the data stored in the (item
of)  recording  equipment  fitted  in  the  company’s  vehicle(s);

(j)  “calendar  day”  means:

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

(k) “downloading” means:

copy of a part or of a complete set of data stored in the data memory of the vehicle or in the memory of
the  driver  card.

Downloading  may  not  alter  or  delete  any  stored  data.

Downloaded  data  are  protected  in  such  a  way  as  to  make  attempts  to  data  manipulation  detectable;
origin  of  downloaded  data  must  be  authenticatable.

Downloaded  data  are  kept  in  a  format  that  can  be  used  by  any  authorised  person;

(l)  “vehicle  identification”  means:

number(s)  identifying  the  vehicle  on  the  basis  of  its  VIN  and/or  its  VRN.

II. GENERAL  CHARACTERISTICS  AND  FUNCTIONS  OF  RECORDING  EQUIPMENT

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

(a)  recording  and  storing  in  the  data  memory

1.  distance  travelled  by  the  vehicle  with  an  accuracy  of  1  km;

2. 

speed  of  the  vehicle;

2.1.  momentary  speed  of  the  vehicle  at  a  frequency  of  1  s  for  the  last  24  hours  of  use  of  the  vehicle;

2.2.  exceeding the authorised speed of the vehicle, defined as any period of more than 1 minute during
which  the  vehicle  speed  exceed  90  km/h  for  N3  vehicles  or  105  km/h  for  M3  vehicles  (with  time,
date,  maximum  speed  of  the  overspeeding,  average  speed  during  the  period  concerned);

3.  periods  of  driving  time  (times  and  dates),  with  an  accuracy  of  1  minute;

4.  other  periods  of  work  or  of  availability  (times  and  dates)  with  an  accuracy  of  1  minute;

5.  breaks  from  work  and  daily  rest  periods  (times  and  dates)  with  an  accuracy  of  1  minute;

6. 

for  electronic  recording  equipment  which  is  equipment  operated  by  signals  transmitted  electrically
from  the  distance  and  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,  with  date,  time,
duration  and  driver  card  issue  number;

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7. 

the  driver  card  issue  number  with  times  and  dates  of  insertion  and  removal;

8. 

for each driver card that is inserted for the first time after it was used in another item of recording
equipment:

—  current  driving  time  since  the  last  break  or  rest  period,

—  driving  time  for  the  day  after  the  last  rest  period  of  at  least  eight  hours,

—  driving  times  for  the  day  between  two  rest  periods  of  at  least  eight  hours  for  the  preceding  27

calendar  days  with  date,  time  and  duration,

—  total  of  the  driving  times  for  the  current  week  and  the  preceding  week  and  the  total  of  the

driving  times  of  the  two  completed  preceding  weeks,

—  rest periods of at least eight hours’ duration for the day and the preceding 27 calendar days in

each  case  with  date,  time  and  duration,

—  the  VRN  of  the  vehicles  driven;

9.  date,  time  and  duration  of  driving  without  an  inserted  or  a  functioning  driver  card;

10.  data  recorded  on  the  places  at  which  the  daily  work  period  began  and  ended;

11.  automatically identifiable system faults of the recording equipment with date, time and driver card

issue  number;

12.  faults  in  the  driver  card  with  date  and  time  and  driver  card  issue  number;

13.  workshop  card  number  of  the  authorised  fitter  or  workshop  with  date  of  at  least  the  last
installation  inspection  and/or  periodic  inspection  of  the  recording  equipment  in  accordance  with
Chapter  VII(c)  and  (d);

14.  control  card  number  with  date  of  control  card  insertion  and  type  of  control  (display,  printing,

downloading).  In  case  of  downloading,  period  downloaded  should  be  recorded;

15.  time  adjustment  with  date,  time  and  card  issue  number;

16.  driving  status  (single/crew  driving  —  driver/co-driver);

(b) storing  on  the  driver  card

1. 

the  essential  data  for  the  periods  listed  under  point  (a)(3),  (4)  and  (5)  for  a  period  of  at  least  the
last  28  calendar  days  combined  with  the  “VRN”  identification  of  the  vehicle  driven  and  the  data
under  point  (a)(10),  (14)  and  (16);

2. 

the events and faults according to point (a)(6), (11) and (15) with the “VRN” identification of the
vehicle driven;

2.1.  date  and  time  of  insertion  and  removal  of  the  driver  card  and  distance  travelled  during  the

corresponding  period;

2.2.  date  and  time  of  insertion  and  removal  of  the  co-driver  card  with  issue  number;

3.  data must be recorded and stored on the driver card in such a way as to rule out any possibility of

falsification;

(c)  recording  and  storing  in  the  case  of  two  drivers

for  vehicles  used  by  two  drivers  the  driving  time  listed  under  point  (a)(3)  must  be  recorded  and  stored
on the driver card of the driver who is driving the vehicle. The equipment must record and store in the
data memory and on the two driver cards simultaneously but distinctly details of the information listed
under  point  (a)(4)  and  (5);

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(d) displaying  or  printing  on  request  for  an  authorised  user

1.  driver  card  issue  number,  expiry  date  of  the  card;

2. 

the  surname  and  first  name  of  the  driver  who  is  the  cardholder;

3. 

current  driving  time  since  the  last  break  or  rest  period;

4.  driving  time  for  the  day  after  the  last  rest  period  of  at  least  eight  hours;

5.  driving  times  for  the  day  between  two  rest  periods  of  at  least  eight  hours  for  the  preceding  27

calendar  days  on  which  the  driver  has  driven,  with  date,  time  and  duration;

6. 

total  of  the  driving  times  for  the  current  week  and  the  preceding  week  and  the  total  times  for  the
two  completed  preceding  weeks;

7. 

the  other  periods  of  work  and  availability;

8. 

rest periods of at last eight hours’ duration for the day and the preceding 27 days in each case with
date,  time  and  duration;

9.  “VRN”  identification  of  vehicles  driven  for  at  least  the  last  28  calendar  days  with  the  distance
travelled per vehicle and day, time of first insertion and last removal of the driver card and the time
of  change  of  vehicle;

10.  time  adjustment  with  date,  time  and  card  issue  number;

11.  interruption of power supply to the recording equipment with date, time, duration and driver card

issue  number  (as  defined  in  point  (a)(6));

12.  sensor  interruption  with  date,  time,  duration  and  driver  card  issue  number  (as  defined  in  point

(a)(6));

13.  the  “VIN”  and/or  “VRN”  identification  of  the  vehicle  driven;

14.  driving  without  driver  card  as  defined  in  point  (a)(9)  for  the  last  28  calendar  days;

15.  details  of  the  information  stored  concerning  the  driver  (as  defined  in  point  (c));

16.  recorded  data  on  the  places  where  the  daily  work  period  began  and  ended;

17.  the  automatically  identifiable  system  faults  of  the  recording  equipment  with  date,  time  and  driver

card  issue  number;

18.  the  faults  in  the  driver  card  with  date  and  time  and  driver  card  issue  number;

19.  control  card  number  with  date  of  control  card  insertion  and  type  of  control  (display,  printing,

downloading).  In  the  case  of  downloading,  period  downloaded  should  be  recorded;

20.  exceeding  the  authorised  speed  as  defined  in  point  (a)(2.2),  with  date,  time  and  driver  card  issue

number  for  the  current  week  and  in  any  case  including  the  last  day  of  the  previous  week;

21.  summary reports whereby compliance with Regulations (EEC) No 3820/85 and (EEC) No 3821/85

and  Directive  88/599/EEC  can  be  checked.

III. CONSTRUCTION  AND  FUNCTIONAL  REQUIREMENTS  FOR  RECORDING  EQUIPMENT

(a)  General  points

1.1.  Any  inclusion  in  or  connection  to  the  recording  equipment  of  any  device,  or  devices,  approved  or
otherwise,  must  not  interfere  with,  or  be  capable  of  interfering  with,  the  proper  operation  of  the
recording equipment. The recording equipment must be submitted for approval complete with any
such  included  devices.

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1.2.  The  recording  equipment  must  be  capable  of  operating  correctly  in  all  the  climatic  conditions

normally  encountered  in  Community  territory.

2.  Materials

2.1.  All  the  constituent  parts  of  the  recording  equipment  must  be  made  of  materials  of  sufficient

stability  and  mechanical  strength  and  with  stable  electrical  and  magnetic  characteristics.

2.2.  Any  modification  in  a  constituent  part  of  the  equipment  or  in  the  nature  of  the  materials  used  for
its manufacture must, before being used, be submitted for approval to the authority which granted
type-approval  for  the  recording  equipment.

3.  Measurement  of  distance  travelled

The  distance  travelled  may  be  measured  and  recorded  either:

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

—  so  as  to  include  only  forward  movement.

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

4.  Measurement  of  speed

4.1.  The  range  of  speed  measurement  must  be  as  stated  in  the  type-approval  certificate.

4.2.  The natural frequency and the damping of the measuring device must be such that the instruments
showing  and  recording  the  speed  can,  within  the  range  of  measurements,  follow  acceleration
changes  of  up  to  2  m/s2,  within  the  limits  of  accepted  tolerances.

5.  Measurement  of  time  (clock)

Time  is  digital.  Update  is  performed  (if  necessary)  at  the  authorised  workshop.  The  internal  clock
time  is  UTC.  The  driver  can  change  the  offset  of  the  time  displayed  on  the  display  screen.

5.1.  The  measurement  of  time  is  effected  automatically  in  the  recording  equipment.

5.2.  The  clock  time  in  the  memory  can  be  reset  only  when  an  authorised  workshop  card  is  inserted.

6.  Lighting  and  protection

6.1.  The  visual  instruments  of  the  equipment  must  be  provided  with  adequate  non-dazzling  lighting.

6.2.  For  normal  conditions  of  use,  all  the  internal  parts  of  the  equipment  must  be  protected  against
damp and dust. In addition, they must be made tamperproof by means of casings capable of being
sealed.

6.3.  Protection  against  electrical  interference  and  magnetic  fields  must  be  provided  complying  with

standards  for  electronics  in  vehicles.

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

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6.5.  The  total  system, 
tamperproof.

including  the  connections  to  the  speed  and  distance  sensor  must  be

6.6.  The  recording  equipment  must  self-detect  faults.

(b) Visual  instruments

Indications  must  be  visible  from  outside  the  recording  equipment  and  give  a  clear,  plain  and
unambiguous  reading  including  where  there  are  two  drivers.

The  display  instrument  must  enable  the  information  referred  to  in  Chapter  II(d)  to  be  displayed  on
request.  The  request  can  take  place  selectively  or  sequentially.

(c)  Warning signals

1.  A  warning  to  the  driver  of  at  least  30  seconds  if  the  vehicle  is  driven:

—  without  the  driver  card  in  place,

—  with  a  malfunctioning  card,

—  with  the  driver  card  in  the  wrong  slot,

—  when  the  recording  equipment  has  detected  one  or  more  cases  of  internal  malfunctioning,  in

particular  those  referred  to  in  Chapter  II(d)(17)  and  (18),

—  above  the  speed  limit  as  defined  in  Chapter  II(a)(2.2).

2.  A warning to the driver before exceeding 4 1/2 hours driving time per period of driving time and 9

hours  daily  driving  time,  15  minutes  before  and  at  the  time  of  exceeding  the  limit.

3.  A warning to the driver, 15 minutes before and at the time of failing to observe the required 8 hours

daily  rest  period  within  the  last  24  hours.

4.  Additional  warnings  may  be  installed  at  the  request  of  the  vehicle  owner.

5.  Format  of  the  warnings

Warnings  may  be  either  auditory  or  visual,  or  a  combination  of  both  and  must  be  clearly
recognisable  by  the  user.

(d) Memory

1.  The periods of time referred to in Chapter II(a)(3), (4) and (5) must be stored whenever there is any

change  of  activity  or  status.

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

3.  The  other  periods  of  time  as  indicated  in  Article  15(3),  second  indent  (b),  (c)  and  (d)  of  the
Regulation  must  always  be  stored  separately  through  the  operation  where  necessary  of  an  activity
selection device.

(e)  Markings

1.  The  following  details  must  appear  on  the  instrument  face  of  the  recording  equipment:

—  near  the  figure  indicating  the  distance,  the  unit  of  measurement  of  distance,  indicated  by  the

abbreviation  “km”,

—  near  the  figure  showing  the  speed,  the  entry  “km/h”.

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2.  The  descriptive  plaque  must  be  visible  on  the  recording  equipment  and  must  show  the  following

details:

—  name  and  address  of  the  manufacturer  of  the  equipment,

—  manufacturer’s  number  and  year  of  manufacture  of  the  equipment,

—  approval  mark  for  the  recording  equipment  type,

—  the  constant  of  the  recording  equipment  in  the  form  “k  =  . . .  rev/km”  or  “k  =  . . .  imp/km”,

—  optionally,  the  range  of  speed  measurements,  in  the  form  indicated  in  1.

This  information  may  also  be  shown  on  demand  by  the  recording  equipment.

(f)  Maximum  tolerances  (display  and  recording  instruments)

1.  The  maximum  tolerances  relate  to  distance  travelled,  speed  and  time  and  are  measured  on  the
dynamometer  before  installation  and,  under  the  circumstances  referred  to  in  Chapter  VII,  on
installation,  during  periodic  inspection  and  in  use.

2.  The  maximum  tolerances  set  out  in  1  are  valid  for  extreme  temperatures  corresponding  to  climatic

conditions  normally  encountered  in  Community  territory.

IV. CARDS  WITH  MEMORY

A.  DRIVER  CARD  (WITH  MEMORY)

1. 

Insertion/removal

The  recording  equipment  must  be  so  designed  that  the  driver  card  (with  memory)  is  locked  in
position  on  its  proper  insertion  into  the  card  reader  and  that  the  relevant  driver  card  data  are
automatically stored in the data memory of the recording equipment. The release of the driver card
may function only when the vehicle is stationary and after the relevant data have been stored on the
driver  card.

2.  Memory  capacity  of  the  driver  card

The capacity of the driver card must be sufficient to store at least 28 calendar days of data referred
to in Chapter II(c) for the actual driver. Should the data card be full the new data will replace the
oldest  data.

3.  Visible data

Page  1  will  contain:

(a)  the  words  “Driver  Card”  printed  in  large  type  in  the  official  language  or  languages  of  the

Member  State  issuing  the  card;

“Driver  Card”  in  the  other  official  languages  of  the  Community,  printed  to  form  the
background  of  the  licence:

es: 

dk: 

de: 

el: 

en: 

fr: 

ga: 

TARJETA  DEL  CONDUCTOR

FØRERKORT

FAHRERKARTE
ΚΑΡΤΑ ˆ∆ΗΓˆΥ

DRIVER  CARD

CARTE  DE  CONDUCTEUR

CÁRTA  TIOMÁNAÍ

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it: 

nl: 

pt: 

fi: 

sv: 

CARTA  DEL  CONDUCENTE

BESTUURDERSKAART

CARTÃO  DE  CONDUTOR

KULJETTAJAKORTTI

FÖRARKORT;

(b) the  name  of  the  Member  States  issuing  the  card  (optinal);

(c)  the  distinguishing  sign  of  the  Member  States  issuing  the  card,  printed  in  negative  in  a  blue

rectangle  and  encircled  by  12  yellow  stars;  the  distinguishing  signs  shall  be  as  follows:

B 

DK 

D 

GR 

E 

F 

Belgium

Denmark

Germany

Greece

Spain

France

IRL 

Ireland

I 

L 

Italy

Luxembourg

NL 

The  Netherlands

A 

P 

Austria

Portugal

FIN 

Finland

S 

UK 

Sweden

The  United  Kingdom

(d) information  specific  to  the  card  issued,  numbered  as  follows:

1.  surname  of  the  holder;

2.  first  name(s)  of  the  holder;

3.  date  and  place  of  birth;

4.  (a)  date  of  issue  of  the  card;

(b) date  of  expiry  of  the  card;

(c)  the  name  of  the  issuing  authority  (may  be  printed  on  page  2);

(d) a  different  number  from  the  one  under  heading  5,  for  administrative  purposes

(optional);

5.  (a)  driving  licence  number  including  number  of  replacement  issue;

(b) driver  card  issue  number  including  index  number  of  replacement  issue;

6.  photograph  of  the  holder;

7.  signature  of  the  holder;

8.  normal  place  of  residence,  or  postal  address  of  the  holder  (optional).

The  data  referred  to  in  1,  2,  3,  4(b)  and  5(a)  and  (b)  will  also  be  stored  in  the  driver  card
memory.

Page  2  will  contain:

(a)  an  explanation  of  the  numbered  items  which  appear  on  pages  1  and  2  of  the  card.

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(b) with  the  specific  written  agreement  of  the  holder,  information  which  is  not  related  to  the
administration of the driver card may also be added, such addition will not alter in any way the
use  of  the  model  as  a  driver  card.

COMMUNITY MODEL DRIVER CARD

Page 1

Page 2

MEMBER STATE

MS

6.

4c.
(4d.)

DRIVER CARD
1.
2.
3.
4a.
4b.
5a.
5b.
7.

(8.)

3. Date and place of birth

2. Name

Surname

Issuing authority

1.
4a. Card issuing date
4b. Administrative expiry date of card
4c.
(4d.) No for national administrative purposes
5a. Driving licence number
6.
7.

Photograph
Signature

(8.) Address

5b. Driver card number

Please return to:

NAME OF AUTHORITY AND ADDRESS

SPECIMEN COMMUNITY MODEL DRIVER CARD: BELGIAN CARD
(For information)

B

6. FOTO

KONINKRIJK BELGIË

BESTUURDERSKAART
1. Ruyter
2. Georges
3. 01.04.73
4a. 01.07.98
4b. 30.06.03
5a. DA 003 360
5b. 11 ABC 334455
7.

4c. Milano
4c. B-9000 Gent

B

6. PHOTO

Jeanneaux

CARTE DE CONDUCTEUR ROYAUME DE BELGIQUE
1.
2. Herald
3. 01.03.74
4a. 01.09.98
4b. 30.08.03
5a. DB 004 380
5b. 11 ABD 223344
7.

4c. B-7000 Mons
4c. B-1180 Uccle

4.  Standards

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

—  ISO  7810,

—  ISO  7816-1,

—  ISO  7816-2,

—  ISO  7816-3,

—  draft  ISO  7816-4,

—  draft  ISO  10373,

—  the detailed functional specifications defined within systems of identification cards intended for

use  in  surface  transport.

5.  Security,  including  data  protection

The  various  components  of  the  driver  card  are  intended  to  exclude  any  falsification  or  tampering
and  to  detect  any  attempt  of  that  kind.

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6.  Temperature  range

The  driver  card  must  be  capable  of  operating  correctly  in  all  the  climatic  conditions  normally
encountered  in  Community  territory.

7.  Lifetime

The  card  must  be  capable  of  operating  correctly  for  a  five-year  period  if  used  within  the
environmental  and  electrical  specifications.

8.  Electrical characteristics

The  electrical  characteristics  of  the  card  must  correspond  to  the  specifications  applicable  to
electronics  in  vehicles.

9.  Logical  structure  of  the  driver  card

The logical structure of the card must be defined in such a way as to guarantee its proper operation
and  its  compatibility  with  any  recording  equipment  complying  with  this  Annex.

10.  Functions  and  commands

The  card’s  functions  and  commands  must  cover  all  the  functions  referred  to  in  Chapter  I(c)  and
Chapter  II(b).

11.  Elementary files

The specifications of elementary files must be within the framework of the standards referred to in
4.

12.  Special provisions

After  consulting  the  Commission,  Member  States  may  add  colours  or  markings,  such  as  national
symbols  and  security  features,  without  prejudice  to  the  other  provisions  of  this  Annex.

B.  TEST  STATION  CARD  (WITH  MEMORY),  CONTROL  CARD  (WITH  MEMORY)  AND

COMPANY  DATA  CARD  (WITH  MEMORY)

The specifications of the test station, control and company data cards (with memory) must be such that
they  operate  correctly  when  used  as  provided  for  in  Chapter  I(g),  (h)  and  (i)  and  are  compatible  with
any recording equipment complying with this Annex. The structure of the cards must be so designed as
to  give  access  only  to  the  authorised  user  and  only  for  the  exercise  of  the  functions  which  each  card  is
intended  to  fulfil.

V. PRINTER  AND  STANDARD  PRINT-OUTS

1.  Printers  must  be  so  designed  as  to  produce  the  print-outs  referred  to  in  Chapter  II(d)  with  a  degree  of
definition  likely  to  avoid  any  ambiguity  when  they  are  read.  Print-outs  must  remain  clearly  legible  and
identifiable  under  normal  conditions  of  storage  for  at  least  one  year.

They  must  retain  their  dimensions  and  recordings  under  normal  conditions  of  humidity  and
temperature.

It  must  also  be  possible  to  add  handwritten  notes,  such  as  the  driver’s  signature,  to  these  documents.

2.  The minimum capacity of print-outs, whatever their form, must be sufficient to allow the printing of the

information  referred  to  in  Chapter  II(d).

If  several  print-outs  have  to  be  linked  together  to  increase  printing  capacity,  the  links  between  the
various documents must be made in such a way that there are no breaks in the data at the points linked
which  could  jeopardise  interpretation  of  the  data.

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VI. INSTALLATION  OF  RECORDING  EQUIPMENT

(a)  Installation

1.  The  recording  equipment  must  be  protected  against  accidental  damage.

2.  It  must  be  possible  for  authorised  agents  to  adapt  the  constant  of  the  recording  equipment  to  the
characteristic  coefficient  of  the  vehicle  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  by  the  adaptor.

(b) Installation  plaque

After the equipment has been checked on installation, an installation plaque which is clearly visible must
be  affixed  on,  in  or  beside  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  bear  at  least  the  following  details:

—  name,  address  or  trade  name  of  the  approved  fitter  or  workshop,

—  characteristic  coefficient  of  the  vehicle,  in  the  form  “w  =  . . .  rev/km”  or  “w  =  . . .  imp/km”,

—  effective  circumference  of  the  wheel  tyres  in  the  form  “l  =  . . .  mm”,

—  the  date  on  which  the  characteristic  coefficient  of  the  vehicle  was  determined  and  the  effective

circumference  of  the  wheel  tyres  measured,

—  the  last  8  digits  of  the  chassis  number  of  the  vehicle.

(c)  Sealing

1.  The  following  parts  must  be  sealed:

(a)  any  connection which, if disconnected, would cause undetectable alterations to be made or data

to  be  lost;

(b) any  cover  giving  access  to  the  circuits  or  mechanisms,  any  alteration  of  which  would  affect  the
proper  operation  of  the  recording  equipment  or  which  would  allow  unauthorised  alteration  of
the  equipment’s  characteristics;

(c)  the installation plaque, unless it is attached in such a way that it cannot be removed without the

markings  thereon  being  destroyed.

2.  In  all  cases,  the  location  of  the  seals  must  be  mentioned  on  the  type-approval  certificate  and  their

effectiveness  tested  as  part  of  the  type-approval  procedures.

3.  The  seals  mentioned  in  1(b)  may  be  removed:

—  in  case  of  emergency,

—  to install, to adjust or to repair a speed limitation device or any other device contributing to road
safety, provided that the recording equipment continues to function reliably and correctly and is
resealed  by  an  approved  fitter  or  workshop  (in  accordance  with  Chapter  VII)  immediately  after
fitting the speed limitation device or any other device contributing to road safety or within seven
days  in  other  cases.

On  each  occasion  that  these  seals  are  broken  a  written  statement  giving  the  reasons  for  such
action  must  be  prepared  and  made  available  to  the  competent  authority.

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VII. CHECKS  AND  INSPECTIONS

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

The  Member  States  will  nominate  the  bodies  to  carry  out  the  checks  and  inspections.

(b) Certification  of  new  or  repaired  instruments

Every individual device, whether new or repaired, must be certified in respect of its proper operation and
the accuracy of its readings and recordings, within the limits laid down in Chapter III(f)(1) by means of
sealing in accordance with Chapter VI(c)(1) or equivalent digital information in the data memory of the
recording  equipment.

(c)  Installation  inspection  and  programming

1.  When being fitted to a vehicle, the recording equipment and the whole installation must comply with

the  provisions  relating  to  maximum  tolerances  laid  down  in  Chapter  III(f)(2).

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

—  the  date  of  the  installation  test,

—  the  universal  time  coordinated  (UTC),

—  the  “VIN”  and  “VRN”  vehicle  identification,

—  the  number  of  the  workshop  card  of  the  approved  fitter  or  approved  workshop.

(d) Periodic  inspections

1.  Periodic  inspections  of  the  equipment  fitted  to  vehicles  must  take  place  after  any  repair  of  the
equipment  or  after  any  alteration  of  the  characteristic  coefficient  of  the  vehicle  or  of  the  effective
circumference  of  the  tyres  or  at  least  once  within  two  years  of  the  last  inspection;  they  may  be
carried  out  in  conjunction  with  roadworthiness  tests  on  vehicles.

These  inspections  must  include  at  least  the  following  checks:

—  that  the  recording  equipment  is  working  properly,  including  the  downloading  of  data  to  and

from  the  workshop  card,

—  that  compliance  with  the  provisions  of  Chapter  III(f)(2)  on  the  maximum  tolerances  on

installation  is  ensured,

—  that  the  recording  equipment  carries  the  type-approval  mark,

—  that  the  installation  plaque  is  affixed,

—  that  the  seals  on  the  equipment  and  on  the  other  parts  of  the  installation  are  intact,

—  the  actual  circumference  of  the  tyres.

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

—  the  date  of  the  periodic  inspection,

—  the  universal  time  coordinated  (UTC),

—  the  “VIN”  and  “VRN”  vehicle  identification,

—  the  number  of  the  card  of  the  approved  workshop.

3.  Such  inspections  must  include  replacement  of  the  installation  plaque  or  equivalent  digital

information  in  the  data  memory  of  the  recording  equipment.

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(e)  Measurement  of  errors

The  measurement  of  errors  on  installation  and  during  use  must  be  carried  out  under  the  following
conditions,  which  are  to  be  regarded  as  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  must  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  must  be  at  least  1 000  m,

—  provided  that  it  is  of  comparable  accuracy,  an  appropriate  dynamometer  may  also  be  used  for  the

test.’

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STATEMENT  OF  THE  COUNCIL’S  REASONS

I. 

INTRODUCTION

On  22  July  1994  the  Commission  sent  the  Council  a  proposal  for  a  Regulation  (EC)
amending  Regulation  (EEC)  No  3821/85 (1)  and  Directive  88/599/EEC (2)  on  recording
equipment  in  road  transport (3).  The  proposal  is  based  on  Article  75(1)(c)  of  the  EC
Treaty.

The  European  Parliament  delivered  its  opinion  on  13  July  1995 (4)  and  the  Economic  and
Social  Committee  its  opinion  on  22  February  1995 (5).

In  the  light  of  the  European  Parliament’s  opinion  the  Commission  sent  the  Council  an
amended  proposal (6)  on  21  November  1995.

On  11  December  1997  the  Council  adopted  its  common  position  in  accordance  with
Article  189c  of  the  EC  Treaty.

II.  AIM  OF  THE  PROPOSAL

1.  The  aim  of  the  proposal  is  to  improve  enforcement  of,  and  compliance  with,  social

legislation  in  road  transport  and  in  particular  driver’s  driving  and  rest  periods.

It  should  be  pointed  out  that:

—  Regulation (EEC) No 3821/85 on recording equipment in road transport lays down
a number of provisions concerning the construction, installation, use and inspection
of  recording  equipment  in  vehicles  used  for  the  transport  of  goods  and  passengers
by  road  (inter-urban  transport)  falling  within  the  scope  of  Regulation  (EEC)  No
3820/85 (7),

—  the  purpose  of  the  recording  equipment  is  to  make  it  possible  to  check  compliance
with the provisions of Regulation (EEC) No 3820/85, in particular those relating to
driving  hours  and  rest  periods,

—  the  objective  of  Council  Directive  88/599/EEC  is  to  lay  down  minimum  conditions
for checking the correct and uniform application of Regulations (EEC) No 3820/85
and  (EEC)  No  3821/85.

2.  The  current  tachograph  system  records  data  onto  a  cardboard  disk  (the  tachograph
chart) by means of a stylus. The Commission’s original proposal made provision for the
compulsory  installation,  in  accordance  with  a  set  timetable:

(1)  Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport
(OJ L 370, 31.12.1985, p. 8). Regulation as last amended by Commission Regulation (EC) No 1056/97
(OJ  L  154,  12.6.1997,  p.  21).

(2)  Council  Directive  88/599/EEC  of  23  November  1988  on  standard  checking  procedures  for  the
implementation  of  Regulation  (EEC)  No  3820/85  on  the  harmonisation  of  certain  social  legislation
relating to road transport and Regulation (EEC) No 3821/85 on recording equipment in road transport
(OJ  L  325,  29.11.1988,  p.  55).

(3)  OJ  C  243,  31.8.1994,  p.  8.
(4)  OJ  C  249,  25.9.1995,  p.  128.
(5)  OJ  C  110,  21.4.1995,  p.  19.
(6)  OJ  C  25,  31.1.1996,  p.  5.
(7)  Council  Regulation  (EEC)  No  3820/85  of  20  December  1985  on  the  harmonisation  of  certain  social

legislation  relating  to  road  transport  (OJ  L  370,  31.12.1985,  p.  1).

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—  either  of  an  additional  element  to  the  existing  recording  equipment  (tachograph),

—  or of a new integrated system to replace the abovementioned system and containing

both  a  paper  disk  and  a  smart  card.

The  technical  specifications  of  the  new  equipment  are  defined  in  Annex  I(A)  to  the
original proposal.

In  addition,  any  system  ensuring  a  performance  equivalent  to  that  of  the
abovementioned  two  systems  would  also  be  permitted  in  accordance  with  the
provisions of the proposal for a Regulation, i.e. following an examination of the system
by the Commission, acting in accordance with the type I committee procedure (advisory
committee).

The  amended  proposal  makes  provision  for  the  inclusion  in  the  Regulation  of  an
additional  Annex  I(B)  defining,  as  far  as  possible,  the  new  technology  which  could  be
introduced  as  an  alternative  system  provided  that  it  is  of  comparable  accuracy  and
reliability.  This  fully  digital  technology  replaces  the  paper  disk  by  a  mass  electronic
memory  in  the  vehicle  unit.

III.  ANALYSIS  OF  THE  COUNCIL’S  COMMON  POSITION

1.  Since  it  submitted  its  amended  proposal,  the  Commission  has  conducted  various
discussions  with  the  aim  of  analysing  the  technical  and  industrial  feasibility  of  a  new
generation  of  fully  digital  recording  equipment,  complying  with  the  concept  in  Annex
I(B).

In  the  light  of  the  positive  outcome  of  these  discussions  and  of  the  advantages  of
concept  I(B)  (notably  in  terms  of  potential  and  ease  of  inspection,  reliability  and
security of the system) compared with the tachograph currently used but also compared
with  concept  I(A),  the  Council  decided  to  retain  solely  option  I(B)  in  its  common
position.

In the Council’s common position provision is made for the compulsory installation of
fully  digital  recording  equipment,  in  accordance  with  the  requirements  of  Annex  I(B),
on all new vehicles as from 1 July 2000 if all the conditions laid down are met, namely
in  particular  if  certain  detailed  technical  specifications  in  Annex  I(B)  are  adopted  if
possible  before  1  July  1998,  in  accordance  with  the  type  III(a)  committee  procedure.

The  Council’s  common  position  follows  and  expands  the  amended  Commission
proposal,  which  incorporates  the  European  Parliament’s  amendments  aimed  at  paving
the  way  for  the  introduction  of  a  new  generation  of  fully  digital  recording  equipment
with  integrated  memory  (system  I(B)).

By  thus  ensuring  that  the  relevant  social  regulations  are  observed,  the  Council’s
common  position  upholds  the  safety  and  equality  objectives  of  the  competition
conditions  in  the  amended  Commission  proposal.

2.  However,  the  common  position  includes  several  amendments,  the  main  ones  of  which

are  set  out  below.  They  concern:

(a)  the  deletion  of  Annex  I(A)  (Article  1(1)  of  the  common  position).  The  common
position  no  longer  provides  for  the  possibility  of  installing  and  using  equipment
which  complies  with  Annex  I(A)  nor  alternative  digital  systems  which  ensure  a
performance  equivalent  to  that  of  system  I(B).

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The Council thought it was no longer justified to retain option (Annex) I(A) which
represented  an  intermediate  stage  between  the  present  tachograph  and  the  fully
digital  recording  equipment.  However,  a  number  of  features  in  Annex  I(A),  in
particular  those  concerning  the  driver’s  smart  card  (which  was  the  core  of  the
original  proposal),  have  been  retained  or  adapted  in  Annex  I(B);

(b) the  granting  by  each  Member  State  of  EC  component  type-approval  (Article  1(3))
in  accordance  with  the  technical

for  new  recording  equipment  produced 
specifications  in  Annex  I(B);

(c)  the  sharing  of  responsibility  between  employers  and  drivers  for  the  correct
functioning  and  proper  use  of  the  system  (Article  1(5)  and  (6)(a),  second
subparagraph);

(d) the definition of precise conditions for the issue of the driver card (normal residence
criterion)  for  the  period  of  the  card’s  validity,  for  the  conditions  of  replacement,
renewal,  mutual  recognition,  exchange,  suspension  or  withdrawal  of  the  card
(Article  1(6.3)  and  (6.4),  and  Article  1(7)(a)  and  (b));

(e)  the  storage  for  at  least  365  days  of  the  data  needed  to  monitor  compliance  with
Regulation  (EEC)  No  3820/85  and  Directive  92/6/EEC (1)  (Article  1(6)  —  new
Article  14(5));

(f)  the  storage  of  the  symbol  of  the  country  in  which  the  driver  begins  and  ends  his
daily  work  period;  (more  detailed  localisation  —  maximum  20  —  possible  if  a
Member  State  so  wishes  and  so  notifies  the  Commission  before  1  April  1998)
(Article  1(7)(c));

(g)  procedures  relating  to  inspections  at  the  roadside  which  take  account  of  the
temporary existence of the two systems side-by-side, namely the possibility of there
being  in  service  both  vehicles  fitted  with  recording  equipment  in  conformity  with
Annex  I  to  the  Regulation  and  vehicles  fitted  with  recording  equipment  in
conformity  with  Annex  I(B)  (Article  1(7)(e));

(h) the replacement of the type I advisory committee proposed by the Commission by a

type  III(a)  committee  (Article  1(10);

(i)  a  mechanism  which  determines  the  date  of  compulsory  installation  of  recording
equipment in conformity with Annex I(B) (and the issue by Member States of driver
cards)  in  keeping  with  the  date  of  publication  in  the  Official  Journal  of  the
European  Communities  of  certain  detailed  technical  specifications  in  Annex  I(B)
(where  possible  before  1  July  1998),  the  list  of  which  is  defined  in  Article  1(9)
(Article  2);

(j)  the requirement for certain vehicles already in service, covered by Regulation (EEC)
No  3821/85  currently  in  force,  to  replace  the  existing  recording  equipment  by
equipment  which  conforms  to  the  requirements  of  Annex  I(B)  (Article  2(1b))  if  the
former  is  defective;

(1)  Council Directive 92/6/EEC of 10 February 1992 on the installation and use of speed limitation devices

for  certain  categories  of  motor  vehicles  (OJ  L  57,  23.11.1992,  p.  27).

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(k) the  amendments  to  Directive  88/599/EEC  (Article  3),  the  aim  of  which  is:

—  not to create any discrimination, at the time of roadside checks, between drivers
of vehicles fitted with the current recording equipment (with disk) and drivers of
vehicles fitted with recording equipment in accordance with Annex I(B) and with
driver  cards,  in  particular  as  regards  the  duration  of  the  period  checked,

—  to  make  it  possible  to  check  compliance  with  Directive  92/6/EEC  on  speed
limitation devices and checks on momentary speeds of the vehicle in the previous
24  hours  of  use,

—  to allow checks by the competent authorities, at their own premises, of the data
recorded  by  the  recording  equipment  in  accordance  with  Annex  I(B)  and  by  the
driver cards;

(l)  the  inclusion  of  an  expanded  Annex  I(B)  providing  in  particular  for:

—  a  memory,  built  into  the  recording  equipment,  making  it  possible  to  store  the
relevant  data  for  the  purposes  of  checks  for  at  least  365  days  after  being
recorded,

—  a  printer  in  the  vehicle  cab  (built  in  or  capable  of  being  connected  to  the

recording  equipment),

—  a company card which gives the company access to data on the work of drivers

in  its  vehicles,

—  a control card held by the competent authorities of the Member States to obtain
access to data stored in the memory of the recording equipment or in the driver
cards,

—  a  list  of  the  data  which  it  must  be  possible  to  display  on  the  screen  of  the

recording  equipment  or  to  print,

—  a  list  of  the  warning  signals  in  the  event  of  any  malfunction  of  the  system  or
where  the  regulation  periods  are  exceeded  and/or  are  not  observed  (driving
aid),

—  the  recording  of  driving  times,  other  periods  of  work  or  of  availability,  breaks

from  work  and  daily  rest  periods  with  an  accuracy  of  one  minute.

IV.  EUROPEAN  PARLIAMENT  AMENDMENTS

1.  European  Parliament  amendments  adopted  by  the  Council

The  Council  followed  the  Commission  proposal  by  adopting  the  tenor  if  not  the
wording  of  the  European  Parliament  amendments  set  out  below:

—  in  the  second  recital,  amendment  1  concerning  the  consequences  of  economic
pressures  and  competition  affecting  drivers  in  connection  with  rules  concerning
driving  and  rest  periods  and  speed  limits,

—  in  the  third  recital,  amendment  3  concerning  the  effects  of  gross  infringements  on
road  safety  and  conditions  of  competition.  The  common  position  reinforces  this
amendment  by  adding  a  reference  to  the  consequences  of  ‘infringements’,

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—  in  the  fourth  recital,  amendment  4  which  concerns  the  types  of  monitoring  to  be
carried out and the natural or legal persons responsible for such monitoring: in the
latter  connection  the  common  position  states  that  such  checks  are  carried  out  both
by  the  undertaking  and  by  the  competent  authorities,

—  in the eleventh recital, the second part of amendment 6 relating to the expansion of
the functions for fleet management provided by recording equipment in conformity
with  Annex  I(B);  the  first  part  of  amendment  6,  the  aim  of  which  is  to  introduce
more  effective  and  more  reliable  recording  equipment,  is  reflected  by  the  common
position  in  the  text  of  the  enacting  terms  and  in  Annex  I(B),  although  this  part  of
the  amendment  is  not  adopted  as  such,

—  in  the  sixth  recital,  amendment  10  which  concerns  the  advantages  of  introducing

new,  advanced  equipment,

—  in  Article  1(1),  that  part  of  amendment  17  which  adds  a  reference  to  Annex  I(B);
the  other  part  of  amendment  17  concerning  the  addition  of  a  reference  to  Annex
I(A)  was  not  adopted,  however,  since  Annex  I(A)  is  not  included  in  the  Council’s
common  position,

—  in Article 1(b) (new Article 14(5) of Regulation (EEC) No 3821/85), amendment 22
which  concerns  the  storage  and  transmission  of  data  concerning  the  driver  under  a
system  which  guarantees  the  security  and  correctness  of  the  data,

—  in  Article  1(7)(f)  (new  Article  15(8)),  amendment  23  which  concerns  the  ban  on

falsification  and  tampering  in  order  to  ensure  the  system  is  secure,

—  in  Article  1(10)  (new  Article  18),  amendment  25  which  lays  down  that  the

committee  assisting  the  Commission  will  be  a  type  III(a)  committee,

—  in  Article  1(11),  that  part  of  amendment  26  which  concerns  the  addition  of  a  new

Annex  I(B),

—  amendment  30  which  concerns  the  deletion  of  a  provision  in  Annex  I(A);  in  fact

this  Annex  does  not  appear  in  the  common  position,

—  in  Annex  I(B),  amendment  31  which  defines  the  new  Annex  I(B).  The  Council’s
common  position  incorporates  and  expands  the  provisions  covered  by  this
amendment. It should also be pointed out that the technical specifications of certain
points  in  Annex I(B)  will  be adopted at a later date in accordance with Articles 17
and  18  of  the  common  position.

2.  European  Parliament  amendments  not  adopted  by  the  Council

The  Council  did  not  adopt:

—  amendment  2,  the  aim  of  which  is  to  include  in  the  Regulation  a  new  recital
underlining  the  absence  of  Community  powers  to  coordinate  checks  to  ensure
compliance  with  the  law.

The  Council  would  point  out  that  the  Community  has  the  necessary  powers  to
check  on  the  correct  and  uniform  application  of  Regulations  (EEC)  No  3821/85
and  (EEC)  No  3820/85,

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—  amendment 5, the aim of which is to include in the Regulation a new recital on the
advisability  of  recording  a  large  number  of  details,  some  of  which  are  explicitly
indicated.

The  Council  points  out  that  the  Regulation  currently  in  force  already  allows  the
recording of the details which are referred to by way of example in this amendment,
apart  from  details  of  fuel  consumption  and  the  rational  management  of  the
undertaking,  the  recording  of  which  does  not  come  under  this  Regulation,

—  amendment 7, the aim of which is to include in the Regulation a recital stating that

Community  legislation  must  not  hold  back  recent  technical  developments.

The  Council  considers  that  this  amendment  is  redundant,

—  amendment  8,  the  aim  of  which  is  to  supplement  the  seventh  recital  contained  in
the  Commission  proposal  (fifth  recital  of  the  common  position).  This  recital  states
that  social  regulations  are  difficult  to  enforce  since  the  data  are  currently  recorded
on  several  daily  record  sheets  and  are  stored  in  the  driver’s  cab.  Amendment  8  is
intended  to  add  that  such  data  are  therefore  usually  unavailable 
in  the
undertaking.

The  Council  considers  that  this  addition  does  not  come  under  the  Regulation,

—  amendment 9, the aim of which is to include in the Regulation a new recital stating

that  checks  in  the  undertaking  are  to  be  preferred  to  roadside  checks.

The  Council  considers  that  roadside  checks  remain  effective  instruments  both  in
national  and  international  transport,

—  amendment 11, the aim of which is to supplement the ninth recital contained in the
amended  Commission  proposal  in  order  to  stress  the  advisability  or  fixing  a  date
from  which  the  system  currently  in  force  could  no  longer  be  used.

The  Council,  which  did  not  adopt  the  ninth  recital  either,  underlines  the  fact  that
the  existing  system  should  be  gradually  phased  out  as  a  result  of  the  obligation  to
install  the  new  technology  intended  to  replace  it  and  to  replace  the  old  equipment,
subject  to  certain  conditions,  by  the  equipment  in  conformity  with  Annex  I(B),

—  amendment  12,  the  aim  of  which  is  to  amend  the  11th  recital  of  the  amended
proposal in order to make it clear that this Regulation adopts ‘the new approach’ to
technical harmonised standards not only as regards specifications for the driver card
but  also  for  other  electronic  equipment.

The  Council  adopted  neither  the  recital  nor  the  amendment  thereto  because  it
thought  they  were  superfluous,

—  amendments 13 and 15, the aim of which is to amend the 12th and 14th recitals of
the  amended  proposal  which  refer  to  the  inclusion  alternative  systems  in  the
Regulation.

The  Council  did  not  adopt  these  amendments  since  it  did  not  adopt  the  recitals
concerned  either:  the  common  position  no  longer  affords  the  possibility  of
alternative  systems  but  provides  only  for  the  option  of  introducing  an  Annex  I(B),

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—  amendment  14,  the  aim  of  which  is  to  amend  the  13th  recital  of  the  amended

proposal  concerning  the  technical  adaptation  committee.

The  Council  did  not  adopt  the  recital  concerned  either  since  it  is  superfluous  in
view of Article 1(10) of the common position (new Article 18 of Regulation (EEC)
No 3821/85) and of the corresponding 13th recital which provide for the type III(a)
committee  procedure,

—  amendments  16  and  27,  the  aim  of  which  is  to  amend  the  15th  recital  and  Article
2(1) of the amended proposal. Article 2 provides in particular for the retrofitting of
vehicles  already  in  service.  Paragraph  1  of  that  Article  states  that  the  programme
will apply to all vehicles subject to the provisions of Regulation (EEC) No 3820/85
and  registered  after  1  January  1990.  Likewise,  the  corresponding  recital  stipulates
that the Regulation applies to the vehicles concerned which were put into service for
the first time after 1 January 1990. In these amendments, the European Parliament
replaces  the  abovementioned  date  by  that  of  1  January  1985.

The  Council  adopted  neither  the  abovementioned  provisions  nor  the  European
Parliament amendments since it held that the economic and social situation in road
transport  made  it  impossible  to  impose  additional  burdens  on  road  hauliers  who
owned  vehicles  already  in  service,  fitted  with  recording  equipment  in  conformity
with the Community legislation in force, for the replacement of such equipment. In
addition,  the  technical  feasibility  of  such  a  replacement  also  had  to  be  taken  into
account,

—  amendment 18, the aim of which is to amend a series of Articles when they refer to
‘record sheets’ by adding after the words ‘or driver card’ the words ‘or replaced by
digital  data  stored  in  electronic  recording  equipment’.

The  Council  did  not  adopt  this  amendment  as  it  intimated  that  the  driver  card
would  not  be  an  essential  part  of  any  new  system,

—  amendment 19, the aim of which is to indicate in Article 1(4) that paragraphs 5(a)
and  5(b)  are  added  to  Article  14  of  Regulation  (EEC)  No  3821/85  in  addition  to
the  new  paragraphs  of  the  amended  proposal.

The  Council  did  not  adopt  his  amendment  because  it  was  unnecessary  given  the
wording  of  the  common  position,

—  amendment 20, the aim of which is to amend Article 14(5) of Regulation (EEC) No
3821/85  contained  in  Article  1(4)  of  the  amended  proposal  and  concerning  the
archiving  by  the  undertaking  of  data  stored  on  the  driver  card.

The Council adopted neither the new provision as proposed by the Commission nor
the  European  Parliament’s  amendment.  However,  this  aspect  is  already  taken  into
account  in  the  common  position  since  the  vehicle  memory  automatically  stores
driver  data  which  are  relevant  to  his  work  in  the  undertaking  concerned  (see  in
particular  Article  1(6)(b)  (new  Article  14(5))),

—  amendment 21, the aim of which is to include in Article 14 of Regulation (EEC) No
3821/85  a  new  paragraph  5(a)  stipulating  under  which  conditions  equipment  in
conformity  with  Annex  I(B)  could  replace  both  the  present  tachograph  and  the
driver card.

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The  Council  did  not  adopt  this  amendment  since  it  intimated  that  the  Commission
proposal  did  not  cover  electronic  devices  and  that  the  driver  card  was  not  an
essential  part  of  the  new  system,

—  amendment  24,  the  aim  of  which  is  to  introduce  an  Annex  I(B)  in  the  Regulation

and  which  sets  out  the  aims  to  be  achieved.

This amendment is not included as such in the common position but its aim is fully
achieved  by  the  common  position  as  a  whole,

—  amendment  28,  the  aim  of  which  is  to  amend  the  introductory  sentence  of  Article
2(2) of the amended proposal concerning the schedule for the retrofitting of vehicles
already in service.

The Council did not adopt this amendment since it referred to Annex I(A) whereas
the  common  position  only  included  Annex  I(B),

—  amendment 29, the aim of which is to amend Article 3 of the amended proposal so
as to authorise the Member States to grant EC component type-approval to vehicles
fitted  with  equipment  not  in  conformity  with  Annexes  I(A)  and  (B)  and  registered
between  1  January  1985  and  31  December  1996.

The  Council  did  not  include  this  Article  in  the  common  position.  Article  2  of  that
position  provides  for  a  series  of  provisions  concerning  the  data  of  compulsory
installation of recording equipment in accordance with Annex I(B), in keeping with
the date of publication of the detailed specifications for certain points in Annex I(B)
and  an  initial  type-approval  in  accordance  with  the  requirements  of  that  Annex,

—  amendment 34, the aim of which is to include in the Regulation a new Article 5(a)
stipulating that the Commission should submit a report to the European Parliament
and  the  Council  on  the  technical  feasibility  of  electronic  equipment  and  on  the
possibility  of  introducing  it  by  1  January  2000.

The  Council  did  not  adopt  this  amendment  as  it  was  superfluous  given  that  the
common position already provided for the installation of such recording equipment,
where  possible  from  1  July  2000.