32014R0165

WHAT IS THE AIM OF THE REGULATION?

• Regulation (EU) No 165/2014 sets out the requirements on the construction, installation, use, testing and control of tachographs¹ used in road transport in the EU.
• Regulation (EU) 2020/1054 amends and extends the scope of Regulation (EU) No 165/2014 to take into account — as regards positioning by means of tachographs — EU legislation on the posting of workers in road transport, Directive 96/71/EC on the enforcement of EU legislation on the posting of workers in the context of providing services, Directive 2014/67/EU on the enforcement of Directive 96/71/EC and Directive (EU) 2020/1057 laying down specific rules for posting drivers in the road transport sector (see summary on the three directives).

KEY POINTS

Tachographs must be installed in all vehicles of over 3.5 tonnes transporting goods by road, and in vehicles that can carry more than 9 people (including the driver), with certain exceptions. From 1 July 2026, tachographs will also have to be installed in vehicles over 2.5 tonnes.

Digital tachographs record the following data:

• distance travelled, and speed;
• time measurement;
• starting point, end point and position every 3 hours (if connected to a satellite navigation system);
• driver identity;
• driver activity;
• control, calibration and tachograph repair data;
• events² and faults³.

Analogue tachographs must record at least distance, speed, time and driver activity.

Access to tachograph data may be granted at all times to the control authority and to the transport operator concerned.

The following information is displayed:

• time;
• mode of operation;
• driver activity;
• current continuous driving time and/or current cumulative break time;
• warning data;
• menu access.

Digital tachographs warn drivers about exceeding the maximum allowed continuous driving time in order to help them comply with legislation.

Processing of personal data must be solely to verify compliance with this and other relevant regulations.

Smart tachographs

• Vehicles registered for the first time as from 15 June 2019 must be fitted with a smart tachograph. The smart tachograph is connected to a satellite navigation system and equipped with remote communication technology in order to facilitate targeted roadside checks.
• In addition, amending Regulation (EU) 2020/1054 requires the European Commission to adopt, by means of implementing acts, the technical specification on a second version of the smart tachograph.
• According to amending Regulation (EU) 2020/1054, as from August 2023, newly registered vehicles must be equipped with the version 2 of the smart tachograph. Version 2 features several improvements with respect to version 1, like recording border crossings, recording the vehicle position at load/unload or implementing the authentication system provided by Galileo, among others.
• EU countries have until August 2024 to train their control authorities to handle remote communication technology. The data may only be stored for the duration of a roadside check and must be deleted within 3 hours, unless there has been any tachograph misuse.

Type approval

Tachograph equipment is subject to type approval which is granted by bodies designated by EU countries on the basis of functionality, interoperability, compliance and security.

Installation

Tachograph equipment can only be installed by fitters or companies approved by the relevant authorities of each EU country, and components and any vulnerable connections must be sealed as appropriate to the type-approval certificate.

The tachograph must be inspected at least every 2 years.

In addition, amending Regulation (EU) No 2020/1054 requires:

• any removed or broken seals to be replaced by an approved fitter or a workshop without undue delay and at the latest within 7 days of their removal or breaking;
• when the seals have been removed or broken for control purposes, they may be replaced by a control officer equipped with sealing equipment and a unique mark without undue delay.

Driver cards and record sheets

Under Regulation (EU) No 165/2014

• Drivers must be in possession of a driver card issued by the relevant authority of the EU country, valid for no more than 5 years. It is mutually recognised by all EU countries.
• Transport operators and drivers are responsible for the proper use of digital tachographs and driver cards. It is forbidden to falsify, conceal, suppress or destroy data recorded on the record sheet or stored in the tachograph or on the driver card, or print-outs from the tachograph.
• Transport operators are responsible for ensuring that drivers are properly trained in the correct functioning of tachographs and must not give their drivers any incentives that could encourage their misuse.
• In the event of a faulty tachograph, a transport operator must have it repaired by an approved fitter as soon as possible, and the driver must keep a manual record of activities in the meantime.

Under amending Regulation (EU) 2020/1054, the record sheet or driver card must not be withdrawn before the end of the daily working period unless its withdrawal is otherwise authorised or is necessary in order to enter the symbol of the country after having crossed a border.

Compliance

• Control officers equipped with the necessary tools and appropriate legal powers are appointed by EU countries to ensure compliance with the regulation.
• EU countries must also assist each other in ensuring compliance and laying down rules on effective, proportionate, dissuasive and non-discriminatory penalties.
• A Tachograph Forum allows dialogue on technical matters among experts in EU countries.

FROM WHEN DOES THE REGULATION APPLY?

• Regulation (EU) No 165/2014 has applied since 2 March 2016.
• Amending Regulation (EU) 2020/1054 has applied since 20 August 2020.

BACKGROUND

For more information, see:

• Tachograph (European Commission).

KEY TERMS

1. Tachograph: equipment installed in road vehicles to display, record, print, store and output details of the movement, including the speed, of such vehicles, as well as certain periods of activity of their drivers.
2. Event: an abnormal operation detected by the digital tachograph which may result from a fraud attempt.
3. Fault: an abnormal operation detected by the digital tachograph which may result from an equipment malfunction or failure.

MAIN DOCUMENT

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 (OJ L 60, 28.2.2014, pp. 1-33)

Successive amendments to Regulation (EU) No 165/2014 have been incorporated into the original text. This consolidated version is of documentary value only.

RELATED DOCUMENTS

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 (OJ L 139, 26.5.2016, pp. 1-506)

See consolidated version.

Commission Implementing Regulation (EU) 2016/68 of 21 January 2016 on common procedures and specifications necessary for the interconnection of electronic registers of driver cards (OJ L 15, 22.1.2016, pp. 51-68)

See consolidated version.