Regulation (EU) No 165/2014 of the European Parliament and of the CouncilDangos y teitl llawn

Article 34 U.K. Use of driver cards and record sheets

[F1 1. Drivers shall use record sheets or driver cards every day on which they drive, starting from the moment they take over the vehicle. The record sheet or driver card shall not be withdrawn before the end of the daily working period unless its withdrawal is otherwise authorised [F2 or is necessary in order to enter the symbol of the country after having crossed a border]F3 .... No record sheet or driver card may be used to cover a period longer than that for which it is intended.]

2. Drivers shall adequately protect the record sheets or driver cards, and shall not use dirty or damaged record sheets or driver cards.

3. When, as a result of being away from the vehicle, a driver is unable to use the tachograph fitted to the vehicle, the periods of time referred to in points (ii), (iii) and (iv) of paragraph 5(b) shall:

(a) if the vehicle is fitted with an analogue tachograph, be entered on the record sheet, either manually, by automatic recording or other means, legibly and without dirtying the record sheet; or

(b) if the vehicle is fitted with a digital tachograph, be entered onto the driver card using the manual entry facility provided for in the tachograph.

[F4 Drivers are not required] to present forms attesting to their activities while away from the vehicle.

4. Where there is more than one driver on board a vehicle fitted with a digital tachograph, each driver shall ensure that his driver card is inserted into the correct slot in the tachograph.

Where there is more than one driver on board a vehicle fitted with an analogue tachograph, the drivers shall amend the record sheets as necessary, so that the relevant information is recorded on the record sheet of the driver who is actually driving.

5. Drivers shall:

(a) ensure that the time recorded on the record sheet corresponds to the official time in the country of registration of the vehicle;

(b) operate the switch mechanisms enabling the following periods of time to be recorded separately and distinctly:

(i)

under the sign: driving time,

(ii)

under the sign: ‘other work’, which means any activity other than drivingF5 ..., and also any work for the same or another employer within or outside of the transport sector,

(iii)

under the sign: ‘availability’, F6 ...,

(iv)

[F1 under the sign : breaks, rest, annual leave or sick leave,]

(v)

[F7 under the sign for ‘ferry/train’: In addition to the sign : the rest period spent on a ferry or train as required by Article 9 of Regulation (EC) No 561/2006.]

[F8 In this paragraph—

• “driving” has the same meaning as in the definition of “working time” in regulation 2 of the Road Transport (Working Time) Regulations 2005, in relation to England and Wales and Scotland, and in regulation 2(2) of the Road Transport (Working Time) Regulations (Northern Ireland) 2005, in relation to Northern Ireland; and

• “availability” has the same meaning as in the definition of “period of availability” in those regulations.]

6. Each driver of a vehicle fitted with an analogue tachograph shall enter the following information on his record sheet:

(a) on beginning to use the record sheet — his surname and first name;

(b) the date and place where use of the record sheet begins and the date and place where such use ends;

(c) the registration number of each vehicle to which the driver is assigned, both at the start of the first journey recorded on the record sheet and then, in the event of a change of vehicle, during use of the record sheet;

(d) the odometer reading:

(i)

at the start of the first journey recorded on the record sheet,

(ii)

at the end of the last journey recorded on the record sheet,

(iii)

in the event of a change of vehicle during a working day, the reading on the first vehicle to which the driver was assigned and the reading on the next vehicle;

(e) the time of any change of vehicle[F1 ;]

[F9 (f) the symbols of the countries in which the daily working period started and finished. The driver shall also enter the symbol of the country that the driver enters after crossing the border of a member State or of the United Kingdom at the beginning of the driver’s first stop in that member State or the United Kingdom. That first stop shall be made at the nearest possible stopping place at or after the border. Where the crossing of the border takes place on a ferry or train, the driver shall enter the symbol of the country at the port or station of arrival.]

[F10 7. The driver shall enter in the digital tachograph the symbols of the countries in which the daily working period started and finished. The driver shall also enter the symbol of the country that the driver enters after crossing a border of a member State or the United Kingdom at the beginning of the driver’s first stop in that member State or the United Kingdom. That first stop shall be made at the nearest possible stopping place at or after the border. Where the crossing of the border takes place on a ferry or train, the driver shall enter the symbol of the country at the port or station of arrival. It shall not be necessary for drivers to enter the information referred to in the first subparagraph if the tachograph is automatically recording location data in accordance with Article 8.]

Textual Amendments

F1 Substituted by Regulation (EU) 2020/1054 of the European Parliament and of the Council of 15 July 2020 amending Regulation (EC) No 561/2006 as regards minimum requirements on maximum daily and weekly driving times, minimum breaks and daily and weekly rest periods and Regulation (EU) No 165/2014 as regards positioning by means of tachographs.

F2 Words in Art. 34(1) inserted (24.12.2022) by The Drivers’ Hours, Tachographs, International Road Haulage and Licensing of Operators (Amendment) Regulations 2022 (S.I. 2022/1260), regs. 1(1), 3(8)(a)

F3 Words in Art. 34(1) omitted (3.3.2021) by virtue of The Drivers’ Hours and Tachographs (Amendment) Regulations 2021 (S.I. 2021/135), regs. 1, 3(8)(a)

F4 Words in Art. 34(3) substituted (31.12.2020) by The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(3), 94(a); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in Art. 34(5)(b)(ii) omitted (24.12.2022) by virtue of The Drivers’ Hours, Tachographs, International Road Haulage and Licensing of Operators (Amendment) Regulations 2022 (S.I. 2022/1260), regs. 1(1), 3(8)(b)(i)

F6 Words in Art. 34(5)(b)(iii) omitted (24.12.2022) by virtue of The Drivers’ Hours, Tachographs, International Road Haulage and Licensing of Operators (Amendment) Regulations 2022 (S.I. 2022/1260), regs. 1(1), 3(8)(b)(ii)

F7 Inserted by Regulation (EU) 2020/1054 of the European Parliament and of the Council of 15 July 2020 amending Regulation (EC) No 561/2006 as regards minimum requirements on maximum daily and weekly driving times, minimum breaks and daily and weekly rest periods and Regulation (EU) No 165/2014 as regards positioning by means of tachographs.

F8 Words in Art. 34(5) inserted (24.12.2022) by The Drivers’ Hours, Tachographs, International Road Haulage and Licensing of Operators (Amendment) Regulations 2022 (S.I. 2022/1260), regs. 1(1), 3(8)(b)(iii)

F9 Art. 34(6)(f) re-inserted (24.12.2022) by The Drivers’ Hours, Tachographs, International Road Haulage and Licensing of Operators (Amendment) Regulations 2022 (S.I. 2022/1260), regs. 1(1), 3(8)(c)

F10 Art. 34(7) re-inserted (24.12.2022) by The Drivers’ Hours, Tachographs, International Road Haulage and Licensing of Operators (Amendment) Regulations 2022 (S.I. 2022/1260), regs. 1(1), 3(8)(d)