TACHOGRAPH RULES
An approved tachograph is the required instrument by which the activity of drivers subject to the EU or AETR drivers' hours rules, and the vehicle's speed, distance and the time, are recorded. There are two main types of tachograph - analogue and digital.
The resulting record is to be used to monitor compliance with rules on drivers' hours. The rules on using the tachograph are contained in Regulation (EEC) 3821/85 (as amended), and depend on whether the vehicle is fitted with an analogue or digital tachograph. These rules must be observed by both drivers and operators of vehicles that fall within the scope of Regulation (EC) 561/2006 or the AETR rules.
Out of scope? The driver of a vehicle that is exempt from or out of scope of the EU rules is not required to use the recording equipment, even if it is fitted.
Analogue or digital? Vehicles first registered on or after 1 May 2006 must be fitted with a digital tachograph. Those vehicles registered before that date can be fitted with either analogue or digital equipment.
Analogue tachographs
Analogue tachograph recordings are made by a stylus cutting traces into a wax-coated chart. Three separate styluses mark recordings of speed, distance travelled and the driver's activity (known as the 'mode'). The inner part of the chart is used by the driver to write his name, the location of the start and end of the journey, the date and odometer readings.
The reverse of a tachograph chart normally contains an area for recording manual entries and details of other vehicles driven during the period covered.
Charts and records
Drivers are responsible for operating the tachograph correctly in order to record their activities accurately and fully. Specifically, drivers must:
- verify, before using an instrument, that it is correctly calibrated via the attached plaques and ensure that the time displayed is set to the official time of the country in which the vehicle is registered;
- carry enough charts for the whole journey, including spare charts in case any become damaged or dirty;
- use a second chart if a chart is damaged while in use and attach this one to the first chart on completion. There are other occasions when use of a second chart in a 24-hour period is unavoidable, namely when a driver changes to a vehicle with an incompatible tachograph to the chart in use or he changes vehicle so many times that all the details cannot be accommodated on one chart;
- ensure that the correct type of chart is being used for the specific model of tachograph in use and that enough spare charts are carried;
- not use a chart to cover a period longer than 24 hours;
- enter centrefield details at the first use of the chart, when changing vehicles and when completing the use of the chart (see 'Centrefield entries' section); correctly operate the mode switch in order to record their activities accurately
- make manual entries on the chart in respect of their activities away from the vehicle (see 'Manual entries' section opposite), where the rules have been departed from in an emergency, or to correct a recording;
- make manual entries when the equipment malfunctions and report any such malfunctions to the operator or employer;
- return used charts to the operator or employer within the 42 days. This requirement must be complied with even when a driver changes employer; permit an Authorised Examiner or police officer to examine the tachograph;
- not remove the chart from the tachograph before the end of their duty period unless authorised to do so. The rules do not specify who can authorise removal of the chart, but cases where charts can be removed include:
- a change of vehicle;
- to make manual entries in the event of an emergency, equipment malfunction etc.; and
- be able to produce at the roadside:
- charts and any legally required manual records for the current fixed week and the previous 15 calendar days (this will change to the current day and previous 28 calendar days from 1 January 2008); and
- the driver's digital smart card if they hold one
