CHAPTER IU.K.PRINCIPLES, SCOPE AND REQUIREMENTS

Article 1U.K.Subject-matter and principles

[F11.This Regulation sets out obligations and requirements in relation to the construction, installation, use, testing and control of tachographs used in road transport, in order to verify compliance with.

[F2(a) Regulation (EC) No 561/2006;

(b)regulations 36A to 36C and 70A of, and Schedule 3B to, the Road Vehicles (Construction and Use) Regulations 1986 ;

(c)the Road Transport (Working Time) Regulations 2005;

(d)regulations 42, 43 and 83 of, and Schedule 3 to, the Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1999 ;

(e)the Road Transport (Working Time) Regulations (Northern Ireland) 2005.]]

2.This Regulation sets out the conditions and requirements under which the information and data, other than personal data, recorded, processed or stored by tachographs may be used for purposes other than the verification of compliance with the acts referred to in paragraph 1.

Textual Amendments

Article 2U.K.Definitions

1.For the purposes of this Regulation, the definitions set out in Article 4 of Regulation (EC) No 561/2006 shall apply.

2.In addition to the definitions referred to in paragraph 1, for the purposes of this Regulation the following definitions shall apply:

(a)‘tachograph’ or ‘recording equipment’ means the equipment intended for installation in road vehicles to display, record, print, store and output automatically or semi-automatically details of the movement, including the speed, of such vehicles, in accordance with Article 4(3), and details of certain periods of activity of their drivers;

(b)‘vehicle unit’ means the tachograph excluding the motion sensor and the cables connecting the motion sensor. The vehicle unit may be a single unit or several units distributed in the vehicle, provided that it complies with the security requirements of this Regulation; the vehicle unit includes, among other things, a processing unit, a data memory, a time measurement function, two smart card interface devices for driver and co-driver, a printer, a display, connectors and facilities for entering the user’s inputs;

(c)‘motion sensor’ means a part of the tachograph providing a signal representative of vehicle speed and/or distance travelled;

(d)‘tachograph card’ means a smart card, intended for use with the tachograph, which allows identification by the tachograph of the role of the cardholder and allows data transfer and storage;

(e)‘record sheet’ means a sheet designed to accept and retain recorded data, to be placed in an analogue tachograph, and on which the marking devices of the analogue tachograph continuously inscribe the information to be recorded;

(f)‘driver card’ means a tachograph card, issued by the [F3Secretary of State] to a particular driver, which identifies the driver and allows for the storage of driver activity data;

(g)‘analogue tachograph’ means a tachograph using a record sheet in accordance with this Regulation;

(h)‘digital tachograph’ means a tachograph using a tachograph card in accordance with this Regulation;

(i)‘control card’ means a tachograph card issued by the [F4Secretary of State] to a national competent control authority which identifies the control body and, optionally, the control officer, and which allows access to the data stored in the data memory or in the driver cards and, optionally, in the workshop cards for reading, printing and/or downloading;

(j)‘company card’ means a tachograph card issued by the [F5Secretary of State] to a transport undertaking needing to operate vehicles fitted with a tachograph, which identifies the transport undertaking and allows for the displaying, downloading and printing of the data, stored in the tachograph, which have been locked by that transport undertaking;

(k)‘workshop card’ means a tachograph card issued by the [F6Secretary of State] to designated staff of a tachograph manufacturer, a fitter, a vehicle manufacturer or a workshop, approved by [F7the Secretary of State], which identifies the cardholder and allows for the testing, calibration and activation of tachographs, and/or downloading from them;

(l)‘activation’ means the phase in which the tachograph becomes fully operational and implements all functions, including security functions, through the use of a workshop card;

(m)‘calibration’ of a digital tachograph means updating or confirming vehicle parameters, including vehicle identification and vehicle characteristics, to be held in the data memory through the use of a workshop card;

(n)‘downloading’ from a digital tachograph means the copying, together with the digital signature, of a part, or of a complete set, of data files recorded in the data memory of the vehicle unit or in the memory of a tachograph card, provided that this process does not alter or delete any stored data;

(o)‘event’ means an abnormal operation detected by the digital tachograph which may result from a fraud attempt;

(p)‘fault’ means an abnormal operation detected by the digital tachograph which may result from an equipment malfunction or failure;

(q)‘installation’ means the mounting of a tachograph in a vehicle;

(r)‘non-valid card’ means a card detected as faulty, or whose initial authentication failed, or whose start of validity date is not yet reached, or whose expiry date has passed;

(s)‘periodic inspection’ means a set of operations performed to check that the tachograph works properly, that its settings correspond to the vehicle parameters, and that no manipulation devices are attached to the tachograph;

(t)‘repair’ means any repair of a motion sensor or of a vehicle unit that requires the disconnection of its power supply, or its disconnection from other tachograph components, or the opening of the motion sensor or vehicle unit;

(u)‘type-approval’ means a process to certify F8... that the tachograph, its relevant components or the tachograph card to be introduced to market fulfil the requirements of this Regulation;

(v)‘interoperability’ means the capacity of systems and the underlying business processes to exchange data and to share information;

(w)‘interface’ means a facility between systems which provides the media through which they can connect and interact;

(x)‘time measurement’ means a permanent digital record of the coordinated universal date and time (UTC);

(y)‘time adjustment’ means an automatic adjustment of current time at regular intervals and within a maximum tolerance of one minute, or an adjustment performed during calibration;

(z)‘open standard’ means a standard set out in a standard specification document available freely or at a nominal charge which it is permissible to copy, distribute or use for no fee or for a nominal fee.

[F9(z1)“control officer” means—

(i)an examiner appointed under section 66A of the Road Traffic Act 1988 or Article 74 of the Road Traffic (Northern Ireland) Order 1995,

(ii)a person authorised for the purposes of Part 6 of the Transport Act 1968 by a traffic commissioner, or

(iii)a police constable;

(z2)“equivalent EU regulation” means Regulation (EU) No 165/2014 of the European Parliament and of the Council of 4 February 2014 on tachographs in road transport , as it has effect in EU law, as amended from time to time.]

[F10(z3)“smart tachograph 1” means a tachograph complying with Annex IC to Commission Implementing Regulation (EU) 2016/799, as adapted by Appendix 31-B-4-3 to the Trade and Co-operation Agreement between the United Kingdom of Great Britain and Northern Ireland, of the one part, and the European Union and the European Atomic Energy Community, of the other part entered into on 30th December 2020;

(z4)“smart tachograph 2” means a tachograph complying with the following requirements—

(i)automatic recording of border crossings as described in Article 8(1);

(ii)recording of loading and unloading activities;

(iii)recording whether the vehicle is used for carriage of goods or passengers; and

[F11(iv)the standards in Annex IC to Commission Implementing Regulation (EU) 2016/799 of 18 March 2016 implementing Regulation (EU) No 165/2014 of the European Parliament and of the Council laying down the requirements for the construction, testing, installation, operation and repair of smart tachographs and their components, as it has effect in EU law, as modified by the Schedule to the Drivers’ Hours and Tachographs (Amendment) Regulations 2023.]]

Textual Amendments

Article 3U.K.Scope

1.Tachographs shall be installed and used in vehicles F12... which are used for the carriage of passengers or goods by road and to which Regulation (EC) No 561/2006 applies.

[F131zaOther than in the case of vehicles equipped with a smart tachograph 2, a smart tachograph 1 must be installed and used in vehicles registered for the first time on or before 20th February 2024.]

[F141a.A smart tachograph 2 shall be installed and used in vehicles registered for the first time on or after [F1521st February 2024].

1b.A smart tachograph 2 shall be installed and used in F16... vehicles—

[F17(za)on or after 21st August 2023, in the case of vehicles registered for the first time on or after that date;]

(a)on or after 31st December 2024, in the case of vehicles equipped with an analogue tachograph or a digital tachograph immediately before that date;

(b)on or after 19th August 2025, in the case of vehicles equipped with a smart tachograph 1 immediately before that date; and

(c)on or after 1st July 2026, in the case of all other vehicles with a maximum permissible mass, including any trailer or semi-trailer, exceeding 2.5 tonnes,

but only when operating on the territory of a Party to the Trade and Co-operation Agreement between the European Union and the United Kingdom entered into on 30th December 2020, other than the territory where they are registered.]

[F182.This Regulation is subject to—

(a)regulation 4 of the Community Drivers' Hours and Recording Equipment Regulations 2007;

(b)regulation 5 of the Community Drivers' Hours and Recording Equipment (Exemptions and Supplementary Provisions) Regulations (Northern Ireland) 2009;

(c)any provision made under paragraph 3.

3.The appropriate authority may by regulations except from the application of this Regulation vehicles used for transport operations which are being (or have been) granted an exception by regulations under Article 14(1) of Regulation (EC) No 561/2006. An exception granted under regulations under this Article ceases to have effect when the exception granted under regulations under Article 14(1) of Regulation (EC) No 561/2006 ceases to have effect (unless the regulations under this Article cease to have effect first). In an urgent case the appropriate authority may grant a temporary exception in respect of vehicles which are being (or have been) granted an exception under Article 14(2) of Regulation (EC) No 561/2006 by publishing a notice specifying—

(a)the transport operations and circumstances to which the exception relates, and

(b)the period for which the exception has effect, which may not exceed 30 days.

4.In this Article “the appropriate authority” means—

(a)in relation to transport operations carried out in England, Wales or Scotland, the Secretary of State;

(b)in relation to transport operations carried out in Northern Ireland, the Department for Infrastructure in Northern Ireland.]

Textual Amendments

Article 4U.K.Requirements and data to be recorded

1.Tachographs, including external components, tachograph cards and record sheets shall fulfil stringent technical and other requirements such as to permit the proper implementation of this Regulation.

2.Tachographs and tachograph cards shall comply with the following requirements.

They shall:

3.Digital tachographs shall record the following data:

(a)the distance travelled, and the speed of the vehicle;

(b)time measurement;

(c)position points as referred to in Article 8(1);

(d)the identity of the driver;

(e)the activity of the driver;

(f)control, calibration and tachograph repair data, including the identity of the workshop;

(g)events and faults.

4.Analogue tachographs shall record at least the data referred to in points (a), (b) and (e) of paragraph 3.

5.Access to the data stored in the tachograph and the tachograph card may be granted at all times to:

(a)the competent control authorities;

(b)the relevant transport undertaking so that it can comply with its legal obligations, in particular as set out in Articles 32 and 33.

6.The downloading of data shall be performed with the minimum of delay to transport undertakings or drivers.

7.Data recorded by the tachograph which may be transmitted in or out of the tachograph, whether wirelessly or electronically, shall be in the form of publicly available protocols as defined in open standards.

8.To ensure that tachographs and tachograph cards comply with the principles and requirements of this Regulation, and in particular of this Article, [F20the Secretary of State may, by regulations, make] detailed provisions necessary for the F21... application of this Article, in particular provisions which provide for the technical means of how to fulfil those requirements. F22....

9.The detailed provisions referred to in paragraph 8 shall, where appropriate, be based on standards and shall guarantee interoperability and compatibility between the various generations of vehicle units and all tachograph cards.

Textual Amendments

Article 5U.K.Functions of the digital tachograph

Digital tachographs shall ensure the following functions:

Article 6U.K.Display and warning

1.Information contained in digital tachographs and tachograph cards relating to vehicle activities and to drivers and co-drivers shall be displayed in a clear, unambiguous and ergonomic way.

2.The following information shall be displayed:

(a)time;

(b)mode of operation;

(c)driver activity:

(d)data related to warnings;

(e)data related to menu access.

Additional information may be displayed, provided that it is clearly distinguishable from the information required in this paragraph.

3.Digital tachographs shall warn drivers when detecting any event and/or fault, and before and at the time of exceeding the maximum allowed continuous driving time, in order to facilitate compliance with the relevant legislation.

4.Warnings shall be visual and may also be audible. Warnings shall have a duration of at least 30 seconds, unless they are acknowledged by the user by pushing any key of the tachograph. The reason for the warning shall be displayed and shall remain visible until acknowledged by the user using a specific key or command of the tachograph.

5.To ensure that tachographs comply with the requirements of this Article concerning display and warnings, [F23the Secretary of State may, by regulations, make] detailed provisions necessary for the F24... application of this Article. F25....

Textual Amendments

F26Article 7U.K. Data protection

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments