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

Article 9 U.K. Remote early detection of possible manipulation or misuse

1. In order to facilitate targeted roadside checks by the competent control authorities, tachographs installed in vehicles registered for the first time [F1 on or after [F2 21st August 2023]] shall be able to communicate to those authorities while the vehicle is in motion.

[F3 2. [F4 By 20th August 2024], [F5 the Secretary of State must ensure that control authorities are equipped] to an appropriate extent with the remote early detection equipment necessary to permit the data communication referred to in this Article, taking into account their specific enforcement requirements and strategies. F6 ....]

[F3 3. The communication referred to in paragraph 1 shall be established with the tachograph only when so requested by the equipment of the control authorities. It shall be secured to ensure data integrity and authentication of the recording and control equipment. Access to the data communicated shall be restricted to control authorities authorised to check infringements of [F7 Regulation (EC) No 561/2006], and of this Regulation and to workshops in so far as it is necessary to verify the correct functioning of the tachograph.]

4. The data exchanged during communication shall be limited to the data necessary for the purpose of targeted roadside checks of vehicles with a potentially manipulated or misused tachograph. Such data shall relate to the following events or data recorded by the tachograph:

• the latest security breach attempt,

• the longest power supply interruption,

• sensor fault,

• motion data error,

• vehicle motion conflict,

• driving without a valid card,

• card insertion while driving,

• time adjustment data,

• calibration data including the dates of the two latest calibrations,

• vehicle registration number,

• speed recorded by the tachograph [F3 ,]

• [F8 exceeding maximum driving time.]

5. The data exchanged shall be used for the sole purpose of verifying compliance with this Regulation. They shall not be transmitted to entities other than authorities controlling driving and rest periods and to judicial bodies, in the framework of an ongoing judicial procedure.

6. The data may only be stored by the control authorities for the duration of a roadside check, and shall be deleted at the latest three hours after their communication, unless the data indicate a possible manipulation or misuse of the tachograph. If, in the course of the ensuing roadside check, the manipulation or misuse is not confirmed, the data transmitted shall be deleted.

7. Transport undertakings which operate vehicles shall be responsible for informing drivers of the possibility of remote communication for the purpose of early detection of possible manipulation or misuse of tachographs.

8. In no case shall a remote early detection communication of the type described in this Article lead to automatic fines or penalties for the driver or transport undertaking. The competent control authority, on the basis of the data exchanged, may decide to carry out a check on the vehicle and the tachograph. The result of the remote communication shall not prevent control authorities from carrying out random roadside checks based on [F9 a risk rating system based on the relative number and severity of infringements of Regulation (EC) 561/2006 of the European Parliament and of the Council that an individual undertaking has committed].

Textual Amendments

F1 Words in Art. 9(1) substituted (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(5)

F2 Words in Art. 9(1) substituted (21.8.2023) by The Drivers’ Hours and Tachographs (Amendment) Regulations 2023 (S.I. 2023/739), regs. 1(1), 2(5)

F3 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.

F4 Words in Art. 9(2) substituted (3.3.2021) by The Drivers’ Hours and Tachographs (Amendment) Regulations 2021 (S.I. 2021/135), regs. 1, 3(3)(a)

F5 Words in Art. 9(2) substituted (31.12.2020) by The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(3), 79(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in Art. 9(2) omitted (31.12.2020) by virtue of The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(3), 79(2)(b) (with reg. 114); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in Art. 9(3) substituted (3.3.2021) by The Drivers’ Hours and Tachographs (Amendment) Regulations 2021 (S.I. 2021/135), regs. 1, 3(3)(b)

F8 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.

F9 Words in Art. 9(8) substituted (31.12.2020) by The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(3), 79(3); 2020 c. 1, Sch. 5 para. 1(1)