CHAPTER VI

FINAL PROVISIONS
Article 26
Regulation (EEC) No 3821/85 is hereby amended as follows:
1. Article 2 shall be replaced by the following:
Article 2
For the purpose of this Regulation the definitions set out in Article 4 of Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 shall apply.
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2. Article 3(1), (2) and (3) shall be replaced as follows:
1.
Recording equipment shall be installed and used in vehicles registered in a Member State which are used for the carriage of passengers or goods by road, except the vehicles referred to in Article 3 of Regulation (EC) No 561/2006. Vehicles referred to in Article 16(1) of Regulation (EC) No 561/2006 and vehicles, which were exempt from the scope of application of Regulation (EEC) No 3820/85, but which are no longer exempt under Regulation (EC) No 561/2006 shall have until 31 December 2007 to comply with this requirement.
2
Member States may exempt vehicles mentioned in Articles 13(1) and (3) of Regulation (EC) No 561/2006 from application of this Regulation.
3
Member States may, after authorisation by the Commission, exempt from application of this Regulation vehicles used for the transport operations referred to in Article 14 of Regulation (EC) No 561/2006.
;
3. Article 14(2) shall be replaced as follows:
2.
The undertaking shall keep record sheets and printouts, whenever printouts have been made to comply with Article 15(1), in chronological order and in a legible form for at least a year after their use and shall give copies to the drivers concerned who request them. The undertaking shall also give copies of downloaded data from the driver cards to the drivers concerned who request them and the printed papers of these copies. The record sheets, printouts and downloaded data shall be produced or handed over at the request of any authorised inspecting officer.
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4. Article 15 shall be amended as follows:
  - in paragraph 1, the following subparagraph shall be added:
Where a driver card is damaged, malfunctions, or is not in the possession of the driver, the driver shall:
    1. at the start of his journey, print out the details of the vehicle the driver is driving, and shall enter onto that printout:
      1. details that enable the driver to be identified (name, driver card or driver's licence number), including his signature;
      2. the periods referred to in paragraph 3, second indent (b), (c) and (d);
    2. at the end of his journey, print out the information relating to periods of time recorded by the recording equipment, record any periods of other work, availability and rest undertaken since the printout that was made at the start of the journey, where not recorded by the tachograph, and mark on that document details that enable the driver to be identified (name, driver card or driver's licence number), including the driver's signature.
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  - paragraph 2, second subparagraph shall be replaced by the following:
When as a result of being away from the vehicle, a driver is unable to use the equipment fitted to the vehicle, the periods of time referred to in paragraph 3, second indent (b), (c) and (d) shall:
    1. if the vehicle is fitted with recording equipment in conformity with Annex I, be entered on the record sheet, either manually, by automatic recording or other means, legibly and without dirtying the sheet; or
    2. if the vehicle is fitted with recording equipment in conformity with Annex IB, be entered onto the driver card using the manual entry facility provided in the recording equipment.
Where there is more than one driver on board the vehicle fitted with recording equipment in conformity with Annex IB, each driver shall ensure that his driver card is inserted into the correct slot in the tachograph.
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  - paragraph 3(b) and (c) shall be replaced by the following:
    1. “other work” means any activity other than driving, as defined in Article 3(a) of Directive 2002/15/EC of the European Parliament and of the Council of 11 March 2002 on the organisation of the working time of persons performing mobile road transport activities , and also any work for the same or another employer within or outside of the transport sector, and must be recorded under this sign ;
    2. “availability” defined in Article 3(b) of Directive 2002/15/EC must be recorded under this sign .
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  - paragraph 4 shall be deleted,
  - paragraph 7 shall be replaced by the following:
7.
a
Where the driver drives a vehicle fitted with recording equipment in conformity with Annex I, the driver must be able to produce, whenever an inspecting officer so requests:
    1. the record sheets for the current week and those used by the driver in the previous 15 days;
    2. the driver card if he holds one, and
    3. any manual record and printout made during the current week and the previous 15 days as required under this Regulation and Regulation (EC) No 561/2006.
However, after 1 January 2008, the time periods referred to under (i) and (iii) shall cover the current day and the previous 28 days.
b
Where the driver drives a vehicle fitted with recording equipment in conformity with Annex IB, the driver must be able to produce, whenever an inspecting officer so requests:
    1. the driver card of which he is holder;
    2. any manual record and printout made during the current week and the previous 15 days as required under this Regulation and Regulation (EC) No 561/2006, and
    3. the record sheets corresponding to the same period as the one referred to in the previous subparagraph during which he drove a vehicle fitted with recording equipment in conformity with Annex I.
However, after 1 January 2008, the time periods referred to under (ii) shall cover the current day and the previous 28 days.
c
An authorised inspecting officer may check compliance with Regulation (EC) No 561/2006 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).
Article 27
Regulation (EC) No 2135/98 is hereby amended as follows:
1. Article 2(1)(a) shall be replaced by the following:
1.
a
From the 20th day following the day of publication of Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 vehicles put into service for the first time shall be fitted with recording equipment in accordance with the requirements of Annex IB to Regulation (EEC) No 3821/85.
;
2. Article 2(2) shall be replaced by the following:
2.
Member States shall take the necessary measures to ensure that they are able to issue driver cards at the latest on the 20th day following the day of publication of Regulation (EC) No 561/2006.
Article 28
Regulation (EEC) No 3820/85 is hereby repealed and replaced by this Regulation.
Notwithstanding, paragraphs 1, 2 and 4 of Article 5 of Regulation (EEC) No 3820/85 shall continue to apply until the dates set out in Article 15(1) of Directive 2003/59/EC.
Article 29
This Regulation shall enter into force on 11 April 2007, with the exception of Articles 10(5), 26(3) and (4) and 27, which shall enter into force on 1 May 2006.
OJ L 102, 11.4.2006, p. 1’,
OJ L 80, 23.3.2002, p. 35.’,
OJ L 102, 11.4.2006, p. 1’;