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 tachographs and their components (Text with EEA relevance)

Article 1

Subject matter and scope

This Regulation lays down the provisions necessary for the uniform application of the following aspects regarding tachographs:

(a) recording of the position of the vehicle at certain points during the daily working period of the driver;

(b) remote early detection of possible manipulation or misuse of smart tachographs;

(c) interface with intelligent transport systems;

(d) the administrative and technical requirements for the type-approval procedures of tachographs, including the security mechanisms.

Article 2

Definitions

For the purposes of this Regulation, the definitions laid down in Article 2 of Regulation (EU) No 165/2014 shall apply.

In addition, the following definitions shall apply:

(1) ‘digital tachograph’ or ‘first generation tachograph’ means a digital tachograph other than a smart tachograph;

(2) ‘external GNSS facility’ means a facility which contains the GNSS receiver when the vehicle unit is not a single unit, as well as other components needed to protect the communication of data about position to the rest of the vehicle unit;

(3) ‘information folder’ means the complete folder, in electronic or paper form, containing all the information supplied by the manufacturer or its agent to the type-approval authority for the purpose of the type-approval of a tachograph or a component thereof, including the certificates referred to in Article 12(3) of Regulation (EU) No 165/2014, the performance of the tests defined in Annex IC to this Regulation, as well as drawings, photographs, and other relevant documents;

(4) ‘information package’ means the information folder, in electronic or paper form, accompanied by any other documents added by the type-approval authority to the information folder in the course of carrying out their functions including, at the end of the type-approval process, the EC type-approval certificate of the tachograph or a component thereof;

(5) ‘index to the information package’ means the document listing the numbered contents of the information package identifying all the relevant parts of this package. The format of that document shall distinguish the successive steps in the EC type-approval process, including the dates of any revisions and updating of that package;

(6) ‘remote early detection facility’ means the equipment of the vehicle unit which is used to perform targeted roadside checks;

(7) ‘smart tachograph’ or ‘second generation tachograph’ means a digital tachograph complying with Articles 8, 9 and 10 of Regulation (EU) No 165/2014 as well as with Annex IC to this Regulation;

(8) ‘tachograph component’ means any of the following elements: the vehicle unit, the motion sensor, the record sheet, the external GNSS facility and the external remote early detection facility;

(9) ‘type-approval authority’ means the authority of a Member State competent to carry out the type-approval of the tachograph or of its components, the authorisation process, the issuing and, if appropriate, withdrawing of type-approval certificates, acting as the contact point for the type-approval authorities of other Member States and ensuring that the manufacturers meet their obligations relating to the conformity with the requirement of this Regulation;

(10) ‘vehicle unit’ means the tachograph excluding the motion sensor and the cables connecting the motion sensor. It may be a single unit or several units distributed in the vehicle and includes 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, a GNSS receiver and a remote communication facility. The vehicle unit may be composed of the following components subject to type-approval: — vehicle unit, as a single component (including GNSS receiver and remote communication facility), — vehicle unit main body (including remote communication facility), and external GNSS facility, — vehicle unit main body (including GNSS receiver), and external remote communication facility, — vehicle unit main body, external GNSS facility, and external remote communication facility. If the vehicle unit is composed of several units distributed in the vehicle, the vehicle unit main body is the unit containing the processing unit, the data memory, and the time measurement function. ‘vehicle unit (VU)’ is used for ‘vehicle unit’ or ‘vehicle unit main body’.

Article 3

Location-based services

Article 4

Procedure for type-approval of a tachograph and tachograph components

Article 5

Modifications to type-approvals

A ‘revision’ shall be made where the type-approval authority considers that the modifications in software or hardware of the tachograph or in the nature of materials used for its manufacture are minor. In such cases, the type-approval authority shall issue the revised documents of the information package, indicating the nature of the modifications made and the date of their approval. An updated version of the information package in a consolidated form, accompanied by a detailed description of the modifications made, shall be sufficient to meet this requirement.

An ‘extension’ shall be made where the type-approval authority considers that the modifications in software or hardware of the tachograph or in the nature of materials used for its manufacture are substantial. In such cases, it may request that new tests be conducted and inform the manufacturer or its agent accordingly. If those tests prove satisfactory, the type-approval authority shall issue a revised type-approval certificate containing a number referring to the extension granted. The type-approval certificate shall mention the reason of the extension and its date of issue.

Article 6

Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from 2 March 2016.

However, Annex IC shall apply from 15 June 2019 with the exception of Appendix 16 which shall apply from 2 March 2016.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

ANNEX I C

Requirements for construction, testing, installation, and inspection

INTRODUCTION

This Annex contains second generation recording equipment and tachograph cards requirements.

Since June 15^th 2019, second generation recording equipment is being installed in vehicles registered in the Union for the first time, and second generation tachograph cards are being issued.

In order to smoothly implement the second generation tachograph system, second generation tachograph cards have been designed to be also used in first generation vehicle units built in accordance with Annex IB to Regulation (EEC) No 3821/85.

Reciprocally, first generation tachograph cards may be used in second generation vehicle units. Nevertheless, second generation vehicle units can only be calibrated using second generation workshop cards.

The requirements regarding the interoperability between the first and the second generation tachograph systems are specified in this Annex. In this respect, Appendix 15 contains additional details on the management of the co-existence of both generations.

In addition, due to the implementation of new functions such as the use of Galileo Open Signal Navigation Messages Authentication, detection of border crossings, entry of load and unload operations, and also to the need to increase the driver card capacity to 56 days of driver activities, this Regulation introduces the technical requirements for the second version of the second generation recording equipment and tachograph cards.

1. DEFINITIONS

In this Annex:

(a) ‘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;

(b) ‘authentication’ means: a function intended to establish and verify a claimed identity;

(c) ‘authenticity’ means: the property that information is coming from a party whose identity can be verified;

(d) ‘built-in test (BIT)’ means: tests run at request, triggered by the operator or by external equipment;

(e) ‘calendar day’ means: a day ranging from 00:00 hours to 24:00 hours. All calendar days relate to UTC time (Universal Time Coordinated);

(f) ‘calibration of a smart tachograph’ means: updating or confirming vehicle parameters to be held in the data memory. Vehicle parameters include vehicle identification (VIN, VRN and registering Member State) and vehicle characteristics (w, k, l, tyre size, speed-limiting device setting (if applicable), current UTC time, current odometer value, by-default load type); during the calibration of a recording equipment, the types and identifiers of all type-approval relevant seals in place shall also be stored in the data memory; any update or confirmation of UTC time only, shall be considered as a time adjustment and not as a calibration, provided it does not contradict requirement 409 set out in point 6.4. calibrating a recording equipment requires the use of a workshop card;

(g) ‘card number’ means: a 16-alpha-numerical characters number that uniquely identifies a tachograph card within a Member State. The card number includes an identification, which consists in a driver identification, or in a card owner identification together with a card consecutive index, a card replacement index and a card renewal index; a card is therefore uniquely identified by the code of the issuing Member State and the card number;

(h) ‘card consecutive index’ means: the 14th alphanumerical character of a card number that is used to differentiate the different cards issued to a company, a workshop or a control authority entitled to be issued several tachograph cards. The company, the workshop or the control authority is uniquely identified by the 13 first characters of the card number;

(i) ‘card renewal index’ means: the 16th alpha-numerical character of a card number which is incremented each time a tachograph card corresponding to a given identification, i.e. driver identification or owner identification together with consecutive index, is renewed;

(j) ‘card replacement index’ means: the 15^th alpha-numerical character of a card number which is incremented each time a tachograph card corresponding to a given identification, i.e. driver identification or owner identification together with consecutive index, is replaced;

(k) ‘characteristic coefficient of the vehicle’ means: the numerical characteristic giving the value of the output signal emitted by the part of the vehicle linking it with the recording equipment (gearbox output shaft or axle) while the vehicle travels a distance of one kilometre under standard test conditions as defined under requirement 414. The characteristic coefficient is expressed in impulses per kilometre (w = … imp/km);

(l) ‘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;

(m) ‘constant of the recording equipment’ means: the numerical characteristic giving the value of the input signal required to show and record a distance travelled of one kilometre; this constant shall be expressed in impulses per kilometre (k = … imp/km);

(n) ‘continuous driving time’ is computed within the recording equipment as (³): the continuous driving time is computed as the current accumulated driving times of a particular driver, since the end of his last AVAILABILITY or BREAK/REST or UNKNOWN (⁴) period of 45 minutes or more (this period may have been split according to Regulation (EC) No 561/2006 of the European Parliament and of the Council (⁵)). The computations involved take into account, as needed, past activities stored on the driver card. When the driver has not inserted his card, the computations involved are based on the data memory recordings related to the current period where no card was inserted and related to the relevant slot;

(o) ‘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; It shall also give access to the roadside calibration checking function and to data on the remote early detection communication reader;

(p) ‘cumulative break time’ is computed within the recording equipment as (3) : the cumulative break from driving time is computed as the current accumulated AVAILABILITY or BREAK/REST or UNKNOWN (4)  times of 15 minutes or more of a particular driver, since the end of his last AVAILABILITY or BREAK/REST or UNKNOWN (4)  period of 45 minutes or more (this period may have been split according to Regulation (EC) No 561/2006). The computations involved take into account, as needed, past activities stored on the driver card. Unknown periods of negative duration (start of unknown period > end of unknown period) due to time overlaps between two different sets of recording equipment, are not taken into account for the computation. When the driver has not inserted his card, the computations involved are based on the data memory recordings related to the current period where no card was inserted and related to the relevant slot;

(q) ‘data memory’ means: an electronic data storage device built into the recording equipment;

(r) ‘digital signature’ means: data appended to, or a cryptographic transformation of, a block of data that allows the recipient of the block of data to prove the authenticity and integrity of the block of data;

(s) ‘downloading’ 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; manufacturers of smart tachograph vehicle units and manufacturers of equipment designed and intended to download data files shall take all reasonable steps to ensure that the downloading of such data can be performed with the minimum delay by transport undertakings or drivers; The downloading of the detailed speed file may not be necessary to establish compliance with Regulation (EC) No 561/2006, but may be used for other purposes such as accident investigation;

(t) ‘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;

(u) ‘effective circumference of the wheels’ means: the average of the distances travelled by each of the wheels moving the vehicle (driving wheels) in the course of one complete rotation. The measurement of these distances shall be made under standard test conditions as defined under requirement 414 and is expressed in the form ‘l = … mm’. Vehicle manufacturers may replace the measurement of these distances by a theoretical calculation which takes into account the distribution of the weight on the axles, vehicle unladen in normal running order (⁶). The methods for such theoretical calculation are subject to approval by a competent Member State authority and can take place only before tachograph activation;

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

(w) ‘external GNSS facility’ means a facility which contains the GNSS receiver when the vehicle unit is not a single unit as well as other components needed to protect the communication of position data to the rest of the vehicle unit;

(x) ‘fault’ means: abnormal operation detected by the smart tachograph which may come from an equipment malfunction or failure;

(y) ‘GNSS receiver’ means: an electronic device that receives and digitally processes the signals from one or more Global Navigation Satellite System(s) (GNSS in English) in order to provide position, speed and time information;

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

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

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

(cc) ‘position’ means: geographical coordinates of the vehicle at a given time;

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

(ee) ‘non-valid card’ means: a card detected as faulty, or which authentication failed, or whose start of validity date is not yet reached, or which expiry date has passed; a card is also considered as non-valid by the vehicle unit: — if a card with the same card issuing Member State, the same identification, i.e. driver identification or owner identification together with consecutive index, and a higher renewal index has already been inserted in the vehicle unit, or — if a card with the same card issuing Member State, the same identification, i.e. driver identification or owner identification together with consecutive index and renewal index but with a higher replacement index has already been inserted in the vehicle unit;

(ff) ‘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;

(gg) ‘out of scope’ means: when the use of the recording equipment is not required, according to the provisions of Regulation (EC) No 561/2006;

(hh) ‘over speeding’ means: exceeding the authorised speed of the vehicle, defined as any period of more than 60 seconds during which the vehicle's measured speed exceeds the limit for setting the speed limitation device laid down in Council Directive 92/6/EEC (⁷), as last amended;

(ii) ‘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;

(jj) ‘printer’ means: component of the recording equipment which provides printouts of stored data;

(kk) ‘remote early detection communication’ means: communication between the remote early detection communication facility and the remote early detection communication reader during targeted roadside checks with the aim of remotely detecting possible manipulation or misuse of recording equipment;

(ll) ‘remote communication facility’, ‘remote communication module’ or ‘remote early detection facility’ means: the equipment of the vehicle unit which is used to perform targeted roadside checks;

(mm) ‘remote early detection communication reader’ means: the system used by control officers for targeted roadside checks.