Regulation (EU) No 165/2014 of the European Parliament and of the Council of 4 February 2014 on tachographs in road transport, repealing Council Regulation (EEC) No 3821/85 on recording equipment in road transport and amending Regulation (EC) No 561/2006 of the European Parliament and of the Council on the harmonisation of certain social legislation relating to road transport Text with EEA relevance

CHAPTER I

PRINCIPLES, SCOPE AND REQUIREMENTS

Article 1

Subject-matter and principles

Tachographs shall, as regards their construction, installation, use and testing, comply with the requirements of this Regulation.

Article 2

Definitions

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 authorities of a Member 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 authorities of a Member 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 authorities of a Member 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 authorities of a Member State to designated staff of a tachograph manufacturer, a fitter, a vehicle manufacturer or a workshop, approved by that Member 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, by a Member State, in accordance with Article 13, 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.

Article 3

Scope

Member States may exempt from the application of this Regulation vehicles used for transport operations which have been granted an exception in accordance with Article 14(2) of Regulation (EC) No 561/2006; they shall immediately notify the Commission thereof.

No later than three years from the end of the year of entry into force of the detailed provisions referred to in the second paragraph of Article 11, the following categories of vehicles operating in a Member State other than their Member State of registration shall be fitted with a smart tachograph as provided in Articles 8, 9 and 10 of this Regulation:

(a) vehicles fitted with an analogue tachograph;

(b) vehicles fitted with a digital tachograph complying with the specifications in Annex IB to Regulation (EEC) No 3821/85 applicable until 30 September 2011;

(c) vehicles fitted with a digital tachograph complying with the specifications in Annex IB to Regulation (EEC) No 3821/85 applicable from 1 October 2011; and

(d) vehicles fitted with a digital tachograph complying with the specifications in Annex IB to Regulation (EEC) No 3821/85 applicable from 1 October 2012.

Article 4

Requirements and data to be recorded

They shall:

— record data related to the driver, driver activity and the vehicle which shall be accurate and reliable;

— be secure, in particular guaranteeing the integrity and the origin of the source of data recorded by and retrieved from vehicle units and motion sensors;

— be interoperable as between the various generations of vehicle units and tachograph cards;

— allow for efficient verification of compliance with this Regulation and other applicable legal acts;

— have enough memory capacity to store all of the data required under this Regulation;

— be user-friendly.

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.

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.

Article 5

Functions of the digital tachograph

Digital tachographs shall ensure the following functions:

— speed and distance measurement;

— monitoring driver activities and driving status;

— monitoring the insertion and withdrawal of tachograph cards;

— recording of drivers’ manual entries;

— calibration;

— automatic recording of the position points referred to in Article 8(1);

— monitoring control activities;

— detection and recording of events and faults;

— reading from data memory and recording and storing in data memory;

— reading from tachograph cards and recording and storing in tachograph cards;

— displaying, warning, printing and downloading data to external devices;

— time adjustment and measurement;

— remote communication;

— company locks management;

— built-in and self-tests.

Article 6

Display and warning

The following information shall be displayed:

(a) time;

(b) mode of operation;

(c) driver activity: — if the current activity is driving, the driver’s current continuous driving time and the current cumulative break time, — if the current activity is availability/other work/rest or break, the current duration of that activity (since it was selected) and the current cumulative break time;

(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.

Article 7

Data protection

Member States shall, in particular, ensure that personal data are protected against uses other than those strictly linked to the Union legal acts referred to in paragraph 1 in relation to:

(a) the use of a global navigation satellite system (GNSS) for the recording of location data as referred to in Article 8;

(b) the use of remote communication for control purposes as referred to in Article 9, the use of tachographs with an interface as referred to in Article 10, the electronic exchange of information on driver cards as referred to in Article 31, and in particular any cross-border exchanges of such data with third countries; and

(c) the keeping of records by transport undertakings as referred to in Article 33.

CHAPTER II

SMART TACHOGRAPH

Article 8

Recording of the position of the vehicle at certain points during the daily working period

In order to facilitate the verification of compliance with the relevant legislation, the position of the vehicle shall be recorded automatically at the following points, or at the closest point to such places where the satellite signal is available:

— the starting place of the daily working period,

— every time the vehicle crosses the border of a Member State,

— every time the vehicle performs loading or unloading activities,

— every three hours of accumulated driving time, and

— the ending place of the daily working period.

In order to facilitate the verification of compliance by control authorities, the smart tachograph shall also record whether the vehicle has been employed for the carriage of goods or passengers, as required by Regulation (EC) No 561/2006.

For those purposes, vehicles registered for the first time 36 months after the entry into force of the detailed provisions referred to in the first paragraph of Article 11 shall be fitted with a tachograph connected to a positioning service based on a satellite navigation system.

However, the recording of the border-crossing and additional activities referred to in the second and third indents of the first subparagraph and in the second subparagraph shall apply to vehicles that were registered in a Member State for the first time more than two years after the entry into force of the detailed provisions referred to in the second paragraph of Article 11, without prejudice to the obligation to retrofit certain vehicles later in accordance with Article 3(4).

Article 9

Remote early detection of possible manipulation or misuse

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,

— exceeding maximum driving time.

Article 10

Interface with Intelligent Transport Systems

The tachographs of vehicles registered for the first time 36 months after the entry into force of the detailed provisions referred to in Article 11 may be equipped with standardised interfaces allowing the data recorded or produced by tachograph to be used in operational mode, by an external device, provided that the following conditions are met:

(a) the interface does not affect the authenticity and the integrity of the data of the tachograph;

(b) the interface complies with the detailed provisions of Article 11;

(c) the external device connected to the interface has access to personal data, including geopositioning data, only after the verifiable consent of the driver to whom the data relates.

The tachographs of vehicles registered for the first time in a Member State more than two years after the entry into force of detailed provisions referred to in the second paragraph of Article 11 shall be equipped with the interface referred to in paragraph 1.

Article 11

Detailed provisions for smart tachographs

In order to ensure that smart tachographs comply with the principles and requirements set out in this Regulation, the Commission shall, by means of implementing acts, adopt detailed provisions necessary for the uniform application of Articles 8, 9 and 10, excluding any provisions which would provide for the recording of additional data by the tachograph.

By 21 August 2021, the Commission shall adopt implementing acts laying down detailed provisions for the uniform application of the obligation to record and store data relating to any border crossing of the vehicle and activities referred to in the second and third indent of the first subparagraph of Article 8(1) and in the second subparagraph of Article 8(1).

By 21 February 2022, the Commission shall adopt implementing acts laying down detailed provisions necessary for the uniform application of rules on data requirements and functions, including Articles 8, 9 and 10 of this Regulation, and the installation of, tachographs for vehicles referred to in point (aa) of Article 2(1) of Regulation (EC) No 561/2006.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 42(3).

The detailed provisions referred to in the first, second and third paragraphs of this Article shall:

(a) in relation to the performance of the functions of the smart tachograph as referred to in this Chapter, include the necessary requirements to guarantee the security, accuracy and reliability of data as provided to the tachograph by the satellite positioning service and the remote communication technology referred to in Articles 8 and 9;

(b) specify the various conditions and requirements for the satellite positioning service and the remote communication technology referred to in Articles 8 and 9 to be either outside or embedded in the tachograph and, when outside, specify the conditions for the use of the satellite positioning signal as a second motion sensor;

(c) specify the necessary standards for the interface referred to in Article 10. Such standards may include a provision on the distribution of access rights for drivers, workshops and transport undertakings, and control roles for the data recorded by the tachograph, which control roles shall be based on an authentication/authorisation mechanism defined for the interface, such as a certificate for each level of access and subject to the technical feasibility thereof.

CHAPTER III

TYPE-APPROVAL

Article 12

Applications

Functionality certificates shall be issued to the manufacturer by the type-approval authority.

The interoperability certificate shall be issued by a single laboratory under the authority and responsibility of the Commission.

In respect of tachographs, their relevant components, and tachograph cards:

(a) the security certificate shall certify the following for the vehicle unit, tachograph cards, motion sensor, and connection to the GNSS receiver when the GNSS is not embedded in the vehicle units: (i) compliance with security targets; (ii) fulfilment of the following security functions: identification and authentication, authorisation, confidentiality, accountability, integrity, audit, accuracy and reliability of service;

(b) the functional certificate shall certify that the tested item fulfils the appropriate requirements in terms of functions performed, environmental characteristics, electromagnetic compatibility characteristics, compliance with physical requirements and compliance with other applicable standards;

(c) the interoperability certificate shall certify that the tested item is fully interoperable with the necessary tachographs or tachograph card models.

Article 13

Granting of type-approval

A Member State shall grant type-approval to any type of vehicle unit, motion sensor, model record sheet or tachograph card which complies with the requirements set out in Articles 4 and 11, provided that the Member State is in a position to check that production models conform to the approved type.

Any modifications or additions to an approved model must receive additional type-approval from the Member State which granted the original type-approval.

Article 14

Type-approval mark

Member States shall issue to the applicant a type-approval mark conforming to a pre-established model, for each type of vehicle unit, motion sensor, model record sheet or tachograph card which they approve pursuant to Article 13 and Annex II. Such models shall be adopted by the Commission through implementing acts in accordance with the examination procedure referred to in Article 42(3).

Article 15

Approval or refusal