Section 2. Requirements for tachographs, drivers’ cards and workshop cards

Article 1 – Subject-matter and principles

This Section lays down the requirements for vehicles within the scope of Section 2 of Part B of this Annex regarding the installation, testing, and control of tachographs, as referred to in Article ROAD 8
(2) of this Agreement.

Article 2 – Definitions

1. For the purposes of this Section, the definitions set out in Article 2 of Section 2 and in Article 2 of Section 4 of Part B of this Annex shall apply.

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

(a) “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 Section; 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;
(b) “motion sensor” means a part of the tachograph providing a signal representative of vehicle speed and/or distance travelled;
(c) “control card” means a tachograph card issued by the authorities of a Party 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;
(d) “workshop card” means a tachograph card issued by the authorities of a Party to designated staff of a tachograph manufacturer, a fitter, a vehicle manufacturer or a workshop, approved by that Party, which identifies the cardholder and allows for the testing, calibration and activation of tachographs, and/or downloading from them;
(e) “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;
(f) “calibration” means, with regard to the digital tachograph, 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;
(g) “downloading” from a digital or smart 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;
(h) “fault” means an abnormal operation detected by the digital tachograph which may result from an equipment malfunction or failure;

(i) “installation” means the mounting of a tachograph in a vehicle;
(j) “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;
(k) “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;
(l) “interoperability” means the capacity of systems and the underlying business processes to exchange data and to share information;
(m) “interface” means a facility between systems which provides the media through which they can connect and interact;
(n) “time measurement” means a permanent digital record of the coordinated universal date and time (UTC); and
(o) “TACHOnet messaging system” means the messaging system complying with the technical specifications laid down in Annexes I to VII of Commission Implementing Regulation (EU) 2016/68 of 21 January 2016 on common procedures and specifications necessary for the interconnection of electronic registers of driver cards142.

Article 3 – Installation

1. Tachographs as referred to in paragraph 2 shall be installed in vehicles:

(a) where the maximum permissible mass of the vehicle, including any trailer, or semitrailer, exceeds 3.5 tonnes; or
(b) from 1 July 2026, where the maximum permissible mass of the vehicle, including any trailer, or semi-trailer, exceeds 2.5 tonnes.
2. The tachographs are:

(a) for vehicles put into service for the first time before 1 May 2006, an analogue tachograph;

(b) for vehicles put into service for the first time between 1 May 2006 and 30 September 2011, the first version of the digital tachograph;

(c) for vehicles put into service for the first time between 1 October 2011 and 30 September 2012, the second version of the digital tachograph;

(d) for vehicles put into service for the first time between 1 October 2012 and 14 June 2019, the third version of the digital tachograph;

142 OJ L 15, 22.1.2016, p. 51

(e) for vehicles registered for the first time from 15 June 2019 and until 2 years after the entry into force of the detailed specifications referred to in Article 2(2)(g) of Section 4 of Part B of this Annex, a smart tachograph 1; and

(f) for vehicles registered for the first time more than 2 years after the entry into force of the detailed specifications referred to in Article 2(2)(h) of Section 4 of Part B of this Annex, a smart tachograph 2.

3. Each Party may exempt from the application of this Section the vehicles mentioned in Article 8(3) of Section 2 of Part B of this Annex.

4. Each Party may exempt from the application of this Section vehicles used for transport operations which have been granted an exception in accordance with Article 8(4) of Section 2 of Part B of this Annex. Each Party shall immediately notify each other when making use of this paragraph.

5. No later than three years from the end of the year of entry into force of the detailed technical specifications of the smart tachograph 2, vehicles mentioned in point (a) of paragraph 1 which are equipped with an analogue tachograph or a digital tachograph shall be fitted with a smart tachograph 2 when operating on the territory of a Party other than the one where they are registered.

6. No later than four years after the entry into force of the detailed technical specifications of the smart tachograph 2, vehicles mentioned in point (a) of paragraph 1 equipped with a smart tachograph 1, shall be equipped with a smart tachograph 2 when operating on the territory of a Party other than the one where they are registered.

7. From 1 July 2026, vehicles mentioned in point (b) of paragraph 1 shall be equipped with a smart tachograph 2 when operating on the territory of a Party other than the one where they are registered.

8. Nothing in this Section shall affect the application on the Union territory of the Union rules on recording equipment in road transport to Union road haulage operators.

Article 4 – Data protection

1. Each Party shall ensure that the processing of personal data in the context of this Section is carried out solely for the purpose of verifying compliance with this Section.

2. Each Party shall, in particular, ensure that personal data are protected against uses other than the one strictly 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 the technical specification for smart tachograph 1 and smart tachograph 2;

(b) the electronic exchange of information on driver cards as referred to in Article 13, and in particular any cross-border exchanges of such data with third Parties; and

(c) the keeping of records by road haulage operators as referred to in Article 15.

3. Digital tachographs shall be designed in such a way as to ensure privacy. Only data necessary for the purposes referred to in paragraph 1 shall be processed.

4. Owners of vehicles, road haulage operators and any other entity concerned shall comply with the relevant provisions on the protection of personal data.

Article 5 – Installation and repair

1. Tachographs may be installed or repaired only by fitters, workshops or vehicle manufacturers approved by the competent authorities in a Party for that purpose in accordance with Article 7.

2. Approved fitters, workshops or vehicle manufacturers shall seal the tachograph after having verified that it is functioning properly, and, in particular, in such a way as to ensure that no manipulation device can tamper with or alter the data recorded.

3. The approved fitter, workshop or vehicle manufacturer shall place a special mark on the seals which it affixes and, in addition, for digital, smart 1 and smart 2 tachographs, shall enter the electronic security data for carrying out authentication checks. Each Party shall keep and publish a register of the marks and electronic security data used and the necessary information related to the electronic security data used.

4. For the purpose of certifying that the installation of the tachograph took place in accordance with the requirements of this Section, an installation plaque shall be affixed in such a way as to be clearly visible and easily accessible.

5. Tachograph components shall be sealed. Any connections to the tachograph which are potentially vulnerable to tampering, including the connection between the motion sensor and the gearbox, and the installation plaque where relevant, shall be sealed.

A seal shall be removed or broken only:

— by fitters or workshops approved by the competent authorities under Article 7 for repair, maintenance or recalibration purposes of the tachograph, or by control officers properly trained and, where required authorised, for control purposes; or

— for the purpose of vehicle repair or modification which affects the seal. In such cases, a written statement stating the date and time at which the seal was broken and giving the reasons for the seal removal shall be kept on board the vehicle.

The removed or broken seals shall be replaced by an approved fitter or a workshop without undue delay and at the latest within seven 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 special mark without undue delay.

When a control officer removes a seal, the control card shall be inserted in the tachograph from the moment of the removal of the seal until the inspection is finished, including in the case of the placement of a new seal. The control officer shall issue a written statement containing at least the following information:

– vehicle identification number;

– name of the officer;

– control authority and country;

– number of the control card;

– number of the removed seal;

– date and time of seal removal; and

– number of the new seal, where the control officer has placed a new seal.

Before replacing the seals, a check and calibration of the tachograph shall be performed by an approved workshop, except where a seal has been removed or broken for control purposes and replaced by a control officer.

Article 6 – Inspections of tachographs

1. Tachographs shall be subject to regular inspection by approved workshops. Regular inspections shall be carried out at least every two years.

2. The inspections referred to in paragraph 1 shall check at least the following:

— the tachograph is correctly fitted and appropriate for the vehicle;

— the tachograph is working properly;

— the tachograph carries the type-approval mark;

— the installation plaque is affixed;

— all seals are intact and effective;

— there are no manipulation devices attached to the tachograph or traces of the use of such devices; and

— the tyre size and the actual circumference of the tyres.

3. Workshops shall draw up an inspection report in cases where irregularities in the functioning of the tachograph had to be remedied, whether as a result of a periodic inspection or of an inspection carried out at the specific request of the national competent authority. They shall keep a list of all inspection reports drawn up.

4. Inspection reports shall be retained for a minimum period of two years from the time the report was made. Each Party shall decide whether inspection reports are to be retained or sent to the competent authority during that period. In cases where the inspection reports are kept by the workshop, upon request from the competent authority, the workshop shall make available the reports of inspections and calibrations carried out during that period.

Article 7 – Approval of fitters, workshops and vehicle manufacturers

1. Each Party or, in the case of the Union, each Member State shall approve, regularly control and certify the fitters, workshops and vehicle manufacturers which may carry out installations, checks, inspections and repairs of tachographs.

2. Each Party or, in the case of the Union, each Member State shall ensure that fitters, workshops and vehicle manufacturers are competent and reliable. For that purpose, they shall establish and publish a set of clear national procedures and shall ensure that the following minimum criteria are met:

(a) the staff are properly trained;

(b) the equipment necessary to carry out the relevant tests and tasks is available; and

(c) the fitters, workshops and vehicle manufacturers are of good repute.

3. Audits of approved fitters or workshops shall be carried out as follows:

(a) approved fitters or workshops shall be subject, at least every two years, to an audit of the procedures they apply when handling tachographs. The audit shall focus in particular on the security measures taken and the handling of workshop cards. Parties or, in the case of the Union, Member States may carry out these audits without conducting a site visit; and

(b) unannounced technical audits of approved fitters or workshops shall also take place in order to check the calibrations, inspections and installations carried out. Those audits shall cover at least 10 % of the approved fitters and workshops annually.

4. Each Party and their competent authorities shall take appropriate measures to prevent conflicts of interests between fitters or workshops and road haulage operators. In particular, where there is a serious risk of a conflict of interests, additional specific measures shall be taken to ensure that the fitter or workshop complies with this Section.

5. The competent authorities of each Party shall withdraw approvals, either temporarily or permanently, from fitters, workshops and vehicle manufacturers which fail to meet their obligations under this Section.

Article 8 – Workshop cards

1. The period of validity of workshop cards shall not exceed one year. When renewing the workshop card, the competent authority shall ensure that the criteria listed in Article 7(2) are met by the fitter, workshop or vehicle manufacturer.

2. The competent authority shall renew a workshop card within 15 working days after receipt of a valid renewal request and all the necessary documentation. If a workshop card is damaged, malfunctions, or is lost or stolen, the competent authority shall supply a replacement card within five working days of receiving a detailed request to that effect. Competent authorities shall maintain a register of lost, stolen or defective cards.

3. If a Party or, in the case of the Union, a Member State withdraws the approval of a fitter, workshop or vehicle manufacturer as provided for in Article 7, it shall also withdraw the workshop cards issued thereto.

4. Each Party shall take all necessary measures to prevent the workshop cards distributed to approved fitters, workshops and vehicle manufacturers from being falsified.

Article 9 – Issuing of driver cards

1. Driver cards shall be issued, at the request of the driver, by the competent authority in a Party where the driver has his normal residence. Where the competent authorities in a Party issuing the driver card have doubts as to the validity of a statement as to normal residence, or for the purpose of certain specific controls, they may request any additional information or evidence from the driver.

For the purposes of this Article, “normal residence” means the place where a person usually lives, that is for at least 185 days in each calendar year, because of personal and occupational ties, or, in the case of a person with no occupational ties, because of personal ties which show close links between that person and the place where he is living.

However, the normal residence of a person whose occupational ties are in a place different from their personal ties and who consequently lives in turn in different places situated in the two Parties shall be regarded as being the place of their personal ties, provided that such person returns there regularly. This last condition need not be complied with where the person is living in a Party in order to carry out a fixed-term assignment.

2. In duly justified and exceptional cases, each Party or, in the case of the Union, a Member State may issue a temporary and non-renewable driver card valid for a maximum period of 185 days to a driver who does not have his normal residence in a Party, provided that such driver is in a labour law relationship with an undertaking established in the issuing Party and, in so far, presents a driver attestation when required.

3. The competent authorities of the issuing Party shall take appropriate measures to ensure that an applicant does not already hold a valid driver card and shall personalise the driver card, ensuring that its data are visible and secure.

4. The driver card shall not be valid for more than five years.

5. A valid driver card shall not be withdrawn or suspended unless the competent authorities of a Party find that the card has been falsified, or the driver is using a card of which he is not the holder, or the card held has been obtained on the basis of false declarations and/or forged documents. If such suspension or withdrawal measures are taken by a Party or, in the case of the Union, a Member State other than the issuing Party or, in the case of the Union, other than the issuing Member State, the former shall return the card to the authorities of the Party or, in the case of the Union, the authorities of the Member State which issued it, as soon as possible, indicating the reasons for the withdrawal or suspension. If the return of the card is expected to take longer than two weeks, the suspending or withdrawing Party or, in the case of the Union, the suspending or withdrawing Member State shall inform the issuing Party or, in the case of the Union, the issuing Member State within those two weeks of the reasons for suspension or withdrawal.

6. The competent authority of the issuing Party may require a driver to replace the driver card by a new one if this is necessary to comply with the relevant technical specifications.

7. Each Party shall take all necessary measures to prevent driver cards from being falsified.

8. This Article shall not prevent a Party or, in the case of the Union, a Member State from issuing a driver card to a driver who has his normal residence in a part of that Party’s territory, to which this Annex does not apply, provided that the relevant provisions of this Section are applied in such cases.

Article 10 – Renewal of driver cards

1. Where, in the case of renewals, the Party of the driver’s normal residence is different from that which issued his current card, and where the authorities of the former Party are requested to renew the driver card, they shall inform the authorities which issued the earlier card of the reasons for its renewal.

2. In the event of a request for the renewal of a card which is imminently about to expire, the competent authority shall supply a new card before the expiry date, provided that the request was sent within the time-limits laid down in Article 5 of Section 4 of Part B of this Annex.

Article 11 – Stolen, lost or defective driver cards

1. Issuing authorities shall keep records of issued, stolen, lost or defective driver cards for a period at least equivalent to their period of validity.

2. If the driver card is damaged, malfunctions or is lost or stolen, the competent authorities in the Party of his normal residence shall supply a replacement card within eight working days after their receipt of a detailed request to that effect.

Article 12 – Mutual acceptance of driver cards

1. Each Party shall accept the driver cards issued by the other Party.

2. Where the holder of a valid driver card issued by a Party has established his normal residence in the other Party and has asked for his card to be exchanged for an equivalent driver card, it shall be the responsibility of the Party or, in the case of the Union, the Member State which carries out the exchange to verify whether the card produced is still valid.

3. Parties or, in the case of the Union, Member States carrying out an exchange shall return the old card to the authorities of the issuing Party or, in the case of the Union, the issuing Member State and indicate the reasons for so doing.

4. Where a Party or, in the case of the Union, a Member State replaces or exchanges a driver card, the replacement or exchange, and any subsequent replacement or exchange, shall be registered in that Party or, in the case of the Union, in that Member State.

Article 13 – Electronic exchange of information on driver cards

1. In order to ensure that an applicant does not already hold a valid driver card, Parties or, in the case of the Union, Member States shall maintain national electronic registers containing the following information on driver cards for a period at least equivalent to the period of validity of those cards:

— surname and first name of the driver; — birth date and, if available, place of birth of the driver; — valid driving licence number and country of issue of the driving licence (if applicable); — status of the driver card; and — driver card number.
2. The electronic registers of the Parties or, in the case of the Union, the Member States shall be interconnected and accessible throughout the territory of the Parties, using the TACHOnet messaging system or a compatible system. In the case of the use of a compatible system, the exchange of electronic data with the other Party shall be possible through the TACHOnet messaging system.

3. When issuing, replacing and, where necessary, renewing a driver card, Parties or, in the case of the Union, Member States shall verify through electronic data exchange that the driver does not already hold another valid driver card. The data exchanged shall be limited to the data necessary for the purpose of this verification.

4. Control officers may have access to the electronic register in order to check the status of a driver card.

Article 14 – Settings of tachographs

1. Digital tachographs shall not be set in such a way that they automatically switch to a specific category of activity when the vehicle’s engine or ignition is switched off, unless the driver remains able to choose manually the appropriate category of activity.

2. Vehicles shall not be fitted with more than one tachograph, except for the purposes of field tests.

3. Each Party shall forbid the production, distribution, advertising and/or selling of devices constructed and/or intended for the manipulation of tachographs.

Article 15 – Responsibility of road haulage operators

1. Road haulage operators shall be responsible for ensuring that their drivers are properly trained and instructed as regards the correct functioning of tachographs, whether digital, smart or analogue, shall make regular checks to ensure that their drivers make correct use thereof, and shall not give to their drivers any direct or indirect incentives that could encourage the misuse of tachographs.

Road haulage operators shall issue a sufficient number of record sheets to drivers of vehicles fitted with analogue tachographs, taking into account the fact that record sheets are personal in character, the length of the period of service and the possible need to replace record sheets which are damaged

or have been taken by an authorised control officer. Road haulage operators shall issue to drivers only record sheets of an approved model suitable for use in the equipment installed in the vehicle.

The road haulage operator shall ensure that, taking into account the length of the period of service, the printing of data from the tachograph at the request of a control officer can be carried out correctly in the event of an inspection.

2. Road haulage operators shall keep record sheets and printouts, whenever printouts have been made to comply with Article 9 of Section 4 of Part B of this Annex, in chronological order and in a legible form, for at least a year after their use, and shall give copies to the drivers concerned who request them. Road haulage operators shall also give copies of data downloaded from driver cards to the drivers concerned who request them, together with printed paper versions of those copies. Record sheets, printouts and downloaded data shall be produced or handed over at the request of any authorised control officer.

3. Road haulage operators shall be liable for infringements of this Section and of Section 4 of Part B of this Annex committed by their drivers or by drivers at their disposal. However, each Party may make such liability conditional on the road haulage operator’s infringement of the first subparagraph of paragraph 1 of this Article and Article 7(1) and (2) of Section 2 of Part B of this Annex.

Article 16 – Procedures for road haulage operators in the event of malfunctioning equipment

1. In the event of the breakdown or faulty operation of a tachograph, the road haulage operator shall have it repaired by an approved fitter or workshop, as soon as circumstances permit.

2. If the vehicle is unable to return to the road haulage operator’s premises within a period of one week calculated from the day of the breakdown or of the discovery of defective operation, the repair shall be carried out en route.

3. Each Party or, in the case of the Union, the Member States shall give the competent authorities power to prohibit the use of the vehicle in cases where the breakdown or faulty operation has not been remedied as provided in paragraphs 1 and 2 in so far as this is in accordance with the national legislation in the Party concerned.

Article 17 – Procedure for the issuing of tachograph cards

The European Commission shall provide to the competent authorities of the United Kingdom the cryptographic material for the issuing of tachograph cards for drivers, workshops and control authorities, in accordance with the European Root Certification Authority (ERCA) certificate policy and the certificate policy of the United Kingdom.

Section 4. Use of tachographs by drivers

Article 1 – Subject matter and principles

This Section lays down requirements for drivers falling within the scope of Section 2 of Part B regarding the use of tachographs referred to in point (b) of Article ROAD.7(1) of this Agreement.

Article 2 – Definitions

For the purposes of this Section, the definitions set out in Article 2 of Section 2 of Part B apply.

In addition to the definitions referred to in paragraph 1, for the purposes of this Section the following definitions 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 and details of certain periods of activity of their drivers;
(b) “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;
(c) “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;
(d) “driver card” means a tachograph card, issued by the competent authorities in a Party to a particular driver, which identifies the driver and allows for the storage of driver activity data;
(e) “analogue tachograph” means a tachograph complying with the specifications in annex I to Council Regulation (EEC) No 3821/85140, as adapted by Appendix ROAD.B.4.1;
(f) “digital tachograph” means a tachograph complying with one of the following set of specifications, as adapted by Appendix ROAD.B.4.2:
– Annex IB to Council Regulation (EEC) No 3821/85 applicable until 30 September 2011;
– Annex IB to Council Regulation (EEC) No 3821/85 applicable from 1 October 2011; or
– Annex IB to Council Regulation (EEC) No 3821/85 applicable from 1 October 2012;
(g) “smart tachograph 1” means a tachograph complying with annex IC to Commission implementing regulation (EU) 2016/799 applicable from 15 June 2019, as adapted by Appendix ROAD.B.4.3;
(h) “smart tachograph 2” means a tachograph complying with the following requirements:

140 Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport OJ L 370, 31.12.1985, p. 8.

– automatic recording of the border crossing;
– recording of loading and unloading activities;
– recording whether the vehicle is used for carriage of goods or passengers; and
– with the specifications to be set out in the implementing acts referred to in the first paragraph of Article 11 of Regulation (EU) No 165/2014141, as adapted by a decision of the Specialised Committee on Road Transport;
(i) “event” means an abnormal operation detected by the digital tachograph which may result from a fraud attempt;
(j) “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.

Article 3 – Use of driver cards

1. The driver card is personal.

2. A driver may hold no more than one valid driver card, and is only authorised to use his or her own personalised driver card. A driver shall not use a driver card which is defective or which has expired.

Article 4 – Issuing of driver cards

1. Driver cards shall be requested to the competent authority in the Party where the driver has his or her normal residence.

2. For the purposes of this Article, “normal residence” means the place where a person usually lives, that is for at least 185 days in each calendar year, because of personal and occupational ties, or, in the case of a person with no occupational ties, because of personal ties which show close links between that person and the place where that person is living.

However, the normal residence of a person whose occupational ties are in a place different from their personal ties and who consequently lives in turn in different places situated in the two Parties shall be regarded as being the place of their personal ties, provided that such person returns there regularly. This last condition does not need to be complied with where the person is living in a Party in order to carry out a fixed-term assignment.

3. Drivers shall give proof of their normal residence by any appropriate means, such as their identity card or any other valid document.

141 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

OJ L 60, 28.2.2014, p. 1

Article 5 – Renewal of driver cards

Where a driver wishes to renew his or her driver card, the driver shall apply to the competent authorities in the Party of his or her normal residence not later than 15 working days before the expiry date of the card.

Article 6 – Use of driver cards and record sheets

1. Drivers shall use record sheets or driver cards every day on which they drive, starting from the moment they take over the vehicle. The record sheet or driver card shall 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. No record sheet or driver card may be used to cover a period longer than that for which it is intended.

2. Drivers shall adequately protect the record sheets or driver cards, and shall not use dirty or damaged record sheets or driver cards. The driver shall ensure that, taking into account the length of the period of service, the printing of data from the tachograph at the request of a control officer can be carried out correctly in the event of an inspection.

3. When, as a result of being away from the vehicle, a driver is unable to use the tachograph fitted to the vehicle, the periods of time referred to in points (b)(ii), (b)(iii) and (b)(iv) of paragraph 5 shall:

(a) if the vehicle is fitted with an analogue tachograph, be entered on the record sheet, either manually, by automatic recording or other means, legibly and without dirtying the record sheet; or
(b) if the vehicle is fitted with a digital, smart 1 or smart 2 tachograph, be entered onto the driver card using the manual entry facility provided for in the tachograph.
Each Party shall not impose on drivers a requirement to present forms attesting to their activities while away from the vehicle.

4. Where there is more than one driver on board a vehicle fitted with a digital, a smart 1 or smart 2 tachograph, each driver shall ensure that his or her driver card is inserted into the correct slot in the tachograph.

Where there is more than one driver on board a vehicle fitted with an analogue tachograph, the drivers shall amend the record sheets as necessary, so that the relevant information is recorded on the record sheet of the driver who is actually driving.

5. Drivers shall:

(a) ensure that the time recorded on the record sheet corresponds to the official time in the country of registration of the vehicle;
(b) operate the switch mechanisms enabling the following periods of time to be recorded separately and distinctly:

(i) under the sign: driving time,

(ii) under the sign: ‘other work’, which means any activity other than driving, as defined in point (a) of Article 2 of Section 3 of Part B, and also
any work for the same or another employer within or outside of the transport sector,
(iii) under the sign: ‘availability’, as defined in point (b) of Article 2 of Section 3 of Part B,
(iv) under the sign: breaks, rest, annual leave or sick leave, and
(v) under the sign for “ferry/train”: In addition to the sign : the
rest period spent on a ferry or train as required in paragraph 12 of Article 6 of Section 2 of Part B.
6. Each driver of a vehicle fitted with an analogue tachograph shall enter the following information on his or her record sheet:

(a) on beginning to use the record sheet — the driver’s surname and first name;
(b) the date and place where use of the record sheet begins and the date and place where such use ends;
(c) the registration number of each vehicle to which the driver is assigned, both at the start of the first journey recorded on the record sheet and then, in the event of a change of vehicle, during use of the record sheet;
(d) the odometer reading:
(i) at the start of the first journey recorded on the record sheet;
(ii) at the end of the last journey recorded on the record sheet;
(iii) in the event of a change of vehicle during a working day, the reading on the first vehicle to which the driver was assigned and the reading on the next vehicle;
(e) the time of any change of vehicle; and
(f) the symbols of the countries in which the daily working period started and finished. The driver shall also enter the symbol of the country that the driver enters after crossing a border of an EU Member State and of the United Kingdom at the beginning of the driver’s first stop in that Member State or the United Kingdom. That first stop shall be made at the nearest possible stopping place at or after the border. Where the crossing of the border takes place on a ferry or train, the driver shall enter the symbol of the country at the port or station of arrival.
7. The driver shall enter in the digital tachograph the symbols of the countries in which the daily working period started and finished.

From 2 February 2022, the driver shall also enter the symbol of the country that the driver enters after crossing a border of a Member State and of the United Kingdom at the beginning of the driver’s first stop in that Member State or the United Kingdom. That first stop shall be made at the nearest possible stopping place at or after the border. Where the crossing of the border takes place on a ferry or train, the driver shall enter the symbol of the country at the port or station of arrival.

A Member State or the United Kingdom may require drivers of vehicles engaged in transport operations inside their territory to add more detailed geographic specifications to the country symbol,

provided that each Party notifies in advance the other Party about those detailed geographic specifications.

It shall not be necessary for drivers to enter the information referred to in the first sentence of the first subparagraph if the tachograph is automatically recording that location data.

Article 7 – Correct use of tachographs

1. Transport undertakings and drivers shall ensure the correct functioning and proper use of digital tachographs and driver cards. Transport undertakings and drivers using analogue tachographs shall ensure their correct functioning and the proper use of record sheets.

2. It shall be 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. Any manipulation of the tachograph, record sheet or driver card which could result in data and/or printed information being falsified, suppressed or destroyed shall also be prohibited. No device which could be used to that effect shall be present on the vehicle.

Article 8 – Stolen, lost or defective driver cards

1. Issuing authorities of the Parties shall keep records of issued, stolen, lost or defective driver cards for a period at least equivalent to their period of validity.

2. If a driver card is damaged or if it malfunctions, the driver shall return it to the competent authority in the country of the driver’s normal residence. Theft of the driver card shall be formally declared to the competent authorities of the State where the theft occurred.

3. Any loss of the driver card shall be reported in a formal declaration to the competent authorities in the issuing Party and to the competent authorities in the Party of the driver’s normal residence if that is different.

4. If the driver card is damaged, malfunctions or is lost or stolen, the driver shall, within seven days, apply for its replacement to the competent authorities in the Party of the driver’s normal residence.

5. In the circumstances set out in paragraph 4, the driver may continue to drive without a driver card for a maximum period of 15 days or for a longer period if that is necessary for the vehicle to return to the premises where it is based, provided that the driver can prove the impossibility of producing or using the card during that period.

Article 9 – Damaged driver cards and record sheets

1. In the event of damage to a record sheet bearing recordings or to a driver card, drivers shall keep the damaged record sheet or driver card together with any spare record sheet used to replace it.

2. Where a driver card is damaged, malfunctions, or is lost or stolen, the driver shall:

(a) at the start of his or her journey, print out the details of the vehicle that the driver is driving, and enter on that printout:

(i) details that enable the driver to be identified (name, driver card or driving licence number), including the driver’s signature; and
(ii) the periods referred to in points (b)(ii), (b)(iii) and (b)(iv) of Article 6(5);
(b) at the end of the journey, print out the information relating to periods of time recorded by the tachograph, record any periods of other work, availability and rest taken since the printout made at the start of the journey, where not recorded by the tachograph, and mark on that document details enabling the driver to be identified (name, driver card or driving licence number), including the driver’s signature.

Article 10 – Records to be carried by the driver

1. Where a driver drives a vehicle fitted with an analogue tachograph, the driver shall be able to produce, whenever an authorised control officer so requests:

(i) the record sheets for the current day and the preceding 28 days;
(ii) the driver card, if one is held; and
(iii) any manual records and printouts made during the current day and the previous 28 days.
2. Where the driver drives a vehicle fitted with a digital, a smart 1 or smart 2 tachograph, the driver shall be able to produce, whenever an authorised control officer so requests:

(i) the driver’s driver card;
(ii) any manual records and printouts made during the current day and the previous 28 days; and
(iii) the record sheets corresponding to the same period as that referred to in point (ii) during which the driver drove a vehicle fitted with an analogue tachograph.
From 31 December 2024, the period of 28 days referred to in points (i) and (ii) of paragraph 1 and in point (ii) of paragraph 2 shall be replaced by 56 days.

3. An authorised control officer may check compliance with Section 2 of Part B by analysis of the record sheets, of the displayed, printed or downloaded data which have been recorded by the tachograph or by the driver card or, failing that, of any other supporting document that justifies non- compliance with a provision of that Section.

Article 11 – Procedures for drivers in the event of malfunctioning equipment

While the tachograph is unserviceable or malfunctioning, the driver shall mark data enabling him to be identified (name, driver card or driving licence number), including a signature, as well as the information for the various periods of time which are no longer recorded or printed out correctly by the tachograph:

(a) on the record sheet or sheets; or
(b) on a temporary sheet to be attached to the record sheet or to be kept together with the driver card.

Article 12 – Enforcement measures

1. Each Party shall adopt all appropriate measures to ensure observance of the provisions of Section 2 to 4 of Part B, in particular by ensuring annually an adequate level of roadside checks and checks performed at the premises of undertakings covering a large and representative cross-section of mobile workers, drivers, undertakings and vehicles of all transport categories falling within the scope of those Sections.

The competent authorities in each Party shall organise the checks so that:

(i) during each calendar year, a minimum of 3% of the days worked by the drivers of vehicles falling within the scope of Section 2 of Part B applies shall be checked; and
(ii) at least 30% of the total number of working days checked shall be checked at the roadside and at least 50% at the premises of undertakings.
The elements of roadside checks shall include:

(i) daily and weekly driving periods, interruptions and daily and weekly rest periods;
(ii) the record sheets of the preceding days, which shall be on board the vehicle, and/or the data stored for the same period on the driver card and/or in the memory of the tachograph and/or on the printouts, when required; and
(iii) the correct functioning of the tachograph.
Those checks shall be carried out without discrimination among vehicles, undertakings and drivers whether resident or not, and regardless of the origin or destination of the journey or type of tachograph.

The elements of checks on the premises of undertakings shall include, in addition to the elements subject to roadside checks:

(i) weekly rest periods and driving periods between those rest periods;
(ii) fortnightly driving limits;
(iii) compensation for reduced weekly rest periods in accordance with Article 6(6) and 6(7) of Section 2 of Part B; and
(iv) use of record sheets and/or vehicle unit and driver card data and printouts and/or the organisation of drivers’ working time.
2. If the findings of a roadside check on the driver of a vehicle registered in the territory of the other Party provide grounds to believe that infringements have been committed which cannot be detected during the check due to lack of necessary data, the competent authorities in each Party shall assist each other to clarify the situation. In cases where, to that end, the competent authorities in a Party carry out a check at the premises of the undertaking, the results of that check shall be communicated to the competent authorities of the other Party.

3. The competent authorities in the Parties shall work in cooperation with each other in the organisation of concerted roadside checks.

4. Each Party shall introduce a risk rating system for undertakings based on the relative number and severity of any infringements, as set out in Appendix ROAD.A.1 and of any infringements included in the list drawn up by the Specialised Committee on Road Transport under Article 6(3) of Section 1 of Part A, that an individual undertaking has committed.

5, Undertakings with a high risk rating shall be checked more closely and more often.

6. Each Party and, in the case of the Union, each Member State, shall enable its competent authorities to impose a penalty on a road haulage operator and/or a driver for an infringement of the applicable provisions on driving time, breaks and rest periods detected on its territory and for which a penalty has not already been imposed, even where that infringement has been committed on the territory of the other Party or, in the case of the Union, the territory of a Member State or of a third country.

 

Appendix ROAD.B.4.1: Adaptations to the technical specifications of the analogue tachograph
Annex I to Council Regulation (EEC) No 3821/85 is adapted for the purpose of this Section as follows:

(a) In Section III (Construction requirements for recording equipment), in paragraph 4.1 of subsection (c) (Recording instruments), for ‘Article 15(3), second indent (b), (c) and (d) of the Regulation’ substitute ‘points (ii), (iii) and (iv) of point (b) of Article 6(5) of Section 4 of Part B of Annex ROAD-1 to the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part.’
(b) In Section III (Construction requirements for recording equipment), in paragraph 4.2 of subsection (c) (Recording instruments), for ‘Article 15 of the Regulation’ substitute ‘Article 6(5) of Section 4 of Part B of Annex ROAD-1 to the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part.’
(c) In Section IV (Record sheets), in the third subparagraph of paragraph 1 of subsection (a) (General points), for ‘Article 15(5) of the Regulation’ substitute ‘Article 6(6) of Section 4 of Part B of Annex ROAD-1 to the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part’.
(d) In Section V (Installation of recording equipment), in the first subparagraph of paragraph 5, for ‘this Regulation’ substitute ‘Section 4 of part B and Section 2 of Part C of Annex ROAD-1 to the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part’.
(e) In Section V (Installation of recording equipment), in the third subparagraph of paragraph 5, for ‘Part A of Annex II to Council Directive 70/156/EEC’ substitute ‘the Consolidated Resolution on the Construction of Vehicles (R.E.3)’ and for ‘the Regulation’ substitute ‘Section 2 of Part C of Annex ROAD-1 to the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part’.
(f) In Section VI (Checks and inspections), in the text before paragraph 1, after ‘Member States’ insert ‘and the United Kingdom’.
(g) In Section VI (Checks and inspections), in the second subparagraph of paragraph 1 (Certification of new or repaired instruments), after ‘Member States’ insert ‘and the United Kingdom’, and for ‘the Regulations and its Annexes’ substitute ‘Section 4 of part B and Section 2 of Part C of Annex ROAD-1 to the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part’.
(h) In Section VI (Checks and inspections), in subparagraph (b) of paragraph 3 (Periodic inspections), after ‘Member State’ insert ‘and the United Kingdom’.

Appendix ROAD.B.4.2: Adaptations to the technical specifications of the digital tachograph
Annex IB to Council Regulation (EEC) No 3821/85, including its appendixes, introduced by Council Regulation (EC) No 2135/98, is adapted for the purpose of this Section as follows:

1. In the case of the United Kingdom, the references to ‘Member State’ are replaced by ‘Party’, except for the references in subsection IV (Construction and functional requirements for tachograph cards), paragraph 174 and subsection VII (Card issuing), paragraph 268a;

2. For ‘Council Regulation (EEC) No 3820/85’ and ‘Regulation (EC) No 561/2006’ substitute ‘Section 2 of part B of Annex ROAD-1 to the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part’;

Section I (Definitions) of Annex IB to Council Regulation (EEC) No 3821/85 is adapted for the purpose of this Section as follows:

3. Point (u) is replaced by the following:

‘(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 those 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 those distances by a theoretical calculation which takes into account the distribution of the weight on the axles, vehicle unladen in normal running order, namely with coolant fluid, lubricants, fuel, tools, spare-wheel and driver. The methods for such theoretical calculation are subject to approval by the competent authority in a Party and can take place only before tachograph activation;’

4. In point (bb), the reference to ‘Council Directive 92/6/EEC’ is replaced by ‘the applicable law of each Party’.

5. Point (ii) is replaced by the following:

”security certification” means: process to certify, by a Common Criteria certification body, that the recording equipment (or component) or the tachograph card under investigation fulfils the security requirements defined in the relative protection profiles;’

6. In point (mm), the reference to ‘Directive 92/23/EEC’ is replaced by ‘UNECE Regulation No 54′.

7. In point (nn), footnote 17 is replaced by the following:

“Vehicle Identification Number” means a fixed combination of characters assigned to each vehicle by the manufacturer, which consists of two sections: the first, composed of not more than six characters (letters or figures), identifying the general characteristics of the vehicle, in particular the type and model; the second, composed of eight characters of which the first four may be letters or figures and the other four figures only, providing, in conjunction with the first section, clear identification of a particular vehicle.’

8. In point (rr), the first indent is replaced by the following:

‘- installed and used only in M1 and N1 type vehicles as defined in the Consolidated Resolution on the Construction of Vehicles (R.E.3)’,

Section II (General characteristics and functions of the recording equipment) of Annex IB to Council Regulation (EEC) No 3821/85 is adapted for the purpose of this Section as follows:

9. In paragraph 004, the last subparagraph is deleted.

Section III (Construction and functional requirements for recording equipment) of Annex IB to Council Regulation (EEC) No 3821/85 is adapted for the purpose of this Section as follows:

10. In paragraph 065, the reference to ‘Directive 2007/46/EC’ is replaced by ‘the Consolidated Resolution on the Construction of Vehicles (R.E.3).’

11. In paragraph 162, the reference to ‘Commission Directive 95/54/EC of 31 October 1995 adapting to technical progress Council Directive 72/245/EEC’ is replaced by ‘UNECE Regulation No 10’.

Section IV (Construction and functional requirements for tachograph cards) of Annex IB to Council Regulation (EEC) No 3821/85 is adapted for the purpose of this Section as follows:

12. In paragraph 174, the reference to ‘UK: The United Kingdom’ is replaced by ‘For the United Kingdom, the distinguishing sign shall be the UK.’

13. In paragraph 185, the reference to ‘Community territory’ is replaced by ‘the territory of the Union and of the United Kingdom’.

14. In paragraph 188, the reference to ‘Commission Directive 95/54/EC of 31 October 1995’ is replaced by ‘UNECE Regulation No 10’.

15. In paragraph 189, the last subparagraph is deleted.

Section V (Installation of recording equipment) of Annex IB to Council Regulation (EEC) No 3821/85 is adapted for the purpose of this Section as follows:

16. In paragraph 250a, the reference to ‘Regulation (EC) No 68/2009’ is replaced by ‘Appendix 12 of this Annex.’

Section VI (Checks, inspections and repairs) of Annex IB to Council Regulation (EEC) No 3821/85 is adapted for the purpose of this Section as follows:

17. The introductory sentence is replaced by the following:

“Requirements on the circumstances in which seals may be removed, as referred to in Article 5(5) of Section 2 of Part C of Annex ROAD-1 to the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part, are defined in Chapter V(3) of this Annex’

18. Under subsection 1 (Approval of fitters or workshops), the reference to ‘Article 12(1) of this Regulation’ is replaced by ‘Article 8 of Section 2 of part C of Annex ROAD-1 to the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part’.

Section VII (Card issuing) of Annex IB to Council Regulation (EEC) No 3821/85 is adapted for the purpose of this Section as follows:

19. In paragraph 268a, after ‘Member States’, wherever it occurs, insert ‘and the United Kingdom’.

Section VIII (Type approval of recording equipment and tachograph cards) of Annex IB to Council Regulation (EEC) No 3821/85 is adapted for the purpose of this Section as follows:

20. In paragraph 271, omit ‘in accordance with Article 5 of this Regulation’.

Appendix 1 (Data dictionary) of Annex IB to Council Regulation (EEC) No 3821/85 is adapted for the purpose of this Section as follows:

21. In point 2.111, the reference to ‘Directive 92/23 (EEC) 31.3.1992, OJ L 129, p. 95’ is replaced by ‘UNECE Regulation No 54’.

Appendix 9 (Type approval List of minimum required tests) of Annex IB to Council Regulation (EEC) No 3821/85 is adapted for the purpose of this Section as follows:

22. In subpoint 5.1 of Section 2 (Vehicle unit functional tests), the reference to ‘Directive 95/54/EC’ is replaced by ‘UNECE Regulation No 10’.

23. In subpoint 5.1 of Section 3 (Motion sensor functional tests), the reference to ‘Directive 95/54/EC’ is replaced by ‘UNECE Regulation No 10’.

Appendix 12 (Adaptor for M1 and N1 category vehicles) of Annex IB to Council Regulation (EEC) No 3821/85 is adapted for the purpose of this Section as follows:

24. In Section 4 (Construction and functional requirements for the adaptor) in paragraph 4.5 (performance characteristics) in ADA_023, for ‘Commission Directive 2006/28/EC adapting to technical progress Council Directive 72/245/EEC’ substitute ‘UNECE Regulation No 10’.

25. In point 5.1 of the table under subsection 7.2 (Functional certificate), for ‘Directive 2006/28/EC’ substitute ‘UNECE Regulation No 10’.

 

Appendix ROAD.B.

4.3: Adaptations to the technical specifications of the smart tachograph
Commission Implementing Regulation (EU) No 2016/799, including its annexes and appendixes, is adapted for the purpose of this Section as follows:

1. In the case of the United Kingdom, the references to ‘Member State’ are replaced by ‘Party’, except for the references in point (229) of subsection 4.1 and in point (424) of Section 7;

2. For ‘Regulation (EEC) No 3820/85’ and ‘Regulation (EC) No 561/2006’ substitute ‘Section 2 of Part B of Annex ROAD-1 to the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part’;

3. For ‘Regulation (EU) No 165/2014’ substitute ‘Section 4 of Part B and Section 2 of Part C of Annex ROAD-1 to the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part, except for the references in point (402) of subsection 5.3 and in point (424) of Section 7’;

4. For ‘Directive (EU) 2015/719’ and for ‘Council Directive 96/53/EC’ substitute ‘Section 1 of Part C of Annex ROAD-1 to the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part’.

Section 1 (Definitions) of Annex IC to Commission Implementing Regulation (EU) No 2016/799 is adapted for the purpose of this Section as follows:

5. Point (u) is replaced by the following:

‘(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 those 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 those distances by a theoretical calculation which takes into account the distribution of the weight on the axles, vehicle unladen in normal running order, namely with coolant fluid, lubricants, fuel, tools, spare-wheel and driver. The methods for such theoretical calculation are subject to approval by the competent authority in a Party and can take place only before tachograph activation;’;

6. In point (hh), the reference to ‘Council Directive 92/6/EEC’ is replaced by ‘the applicable law of each Party’;

7. In point (uu), the reference to ‘Directive 92/23/EEC’ is replaced by ‘UNECE Regulation No 54’;

8. In point (vv), footnote 9 is replaced by the following:

‘ ‘Vehicle Identification Number’ means a fixed combination of characters assigned to each vehicle by the manufacturer, which consists of two sections: the first, composed of not more than six characters (letters or figures), identifying the general characteristics of the vehicle, in particular the type and model; the second, composed of eight characters of which the first four may be letters or figures and the other four figures only, providing, in conjunction with the first section, clear identification of a particular vehicle.’;

9. In point (yy), the first indent is replaced by the following:

‘- installed and used only in M1 and N1 type vehicles as defined in the Consolidated Resolution on the Construction of Vehicles (R.E.3);’;

10. Point (aaa) is deleted;

11. In point (ccc), the first paragraph is replaced by ’15 June 2019′.

Section 2 (General characteristics and functions of the recording equipment) of Annex IC to Commission Implementing Regulation (EU) No 2016/799 is adapted for the purpose of this Section as follows:

12. The last subparagraph of paragraph (7) of subsection 2.1 is deleted.

Section 3 (Construction and functional requirements for recording equipment) of Annex IC to Commission Implementing Regulation (EU) No 2016/799 is adapted for the purpose of this Section as follows:

13. In point (200) of subsection 3.20, the second sentence of the third subparagraph is deleted.

14. Point (201) of subsection 3.20 is replaced by the following:

‘The vehicle unit may also be able to output the following data using an appropriate dedicated serial link independent from an optional CAN bus connection (ISO 11898 Road vehicles — Interchange of digital information — Controller Area Network (CAN) for high speed communication), to allow their processing by other electronic units installed in the vehicle:

— current UTC date and time,

— speed of the vehicle,

— total distance travelled by the vehicle (odometer),

— currently selected driver and co-driver activity,

— information if any tachograph card is currently inserted in the driver slot and in the co-driver slot and (if applicable) information about the corresponding cards identification (card number and issuing country).

Other data may also be output in addition to that minimum list.

When the ignition of the vehicle is ON, those data shall be permanently broadcast. When the ignition of the vehicle is OFF, at least any change of driver or co-driver activity and/or any insertion or withdrawal of a tachograph card shall generate a corresponding data output. In the event that data output has been withheld whilst the ignition of the vehicle is OFF, that data shall be made available once the ignition of the vehicle is ON again.

The driver consent shall be required in case personal data are transmitted.’

Section 4 (Construction and functional requirements for tachograph cards) of Annex IC to Commission Implementing Regulation (EU) No 2016/799 is adapted for the purpose of this Section as follows:

15. In Point (229) of the subsection 4.1, the following subparagraph is added: ‘For the United Kingdom, the distinguishing sign shall be the UK.’;
16. In point (237), for ‘Article 26.4 of Regulation (EU) No. 165/2014’ substitute ‘Article 9(2) of Section 2 of Part C of Annex ROAD-1 to the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part’;

17. In point (241) of subsection 4.4 of Chapter 4 of this Annex, the word ‘Community territory’ is replaced by ‘the territory of the Union and of the United Kingdom’;

18. Point (246) in subsection 4.5 is deleted.

Section 5 (Installation of recording equipment) of Annex IC to Commission Implementing Regulation (EU) No 2016/799 is adapted for the purpose of this Section as follows:

19. Point (397) in subsection 5.2 is replaced by the following:

(397) For M1 and N1 vehicles only, and which are fitted with an adaptor in conformity with Appendix 16 of this Annex and where it is not possible to include all the information necessary, as described in Requirement 396, a second, additional, plaque may be used. In such cases, this additional plaque shall contain at least the last four indents described in Requirement 396.’;

20. In point (402) of subsection 5.3, for ‘Article 22(3) of Regulation (EU) No 165/2014’ substitute ‘Article 5(3) of Section 2 of Part C of Annex ROAD-1 to the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part’.

Section 6 (Checks, inspections and repairs) of Annex IC to Commission Implementing Regulation (EU) No 2016/799 is adapted for the purpose of this Section as follows:

21. The introductory sentence is replaced by the following:

‘Requirements on the circumstances in which seals may be removed are defined in Chapter
5.3 of this Annex’.

Section 7 (Card issuing) of Annex IC to Commission Implementing Regulation (EU) No 2016/799 is adapted for the purpose of this Section as follows:

22. In point (424), after the reference to ‘Member States’ insert ‘and the United Kingdom’, and for the reference to ‘Article 31 of Regulation (EU) No 165/2014’ substitute ‘Article 13 of Section 2 of Part C of Annex ROAD-1 to the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part’.

Appendix 1 (Data dictionary) of Annex IC to Commission Implementing Regulation (EU) No 2016/799 is adapted for the purpose of this Section as follows:

23. In point 2.163, for ‘Directive 92/23/EEC’ substitute ‘UNECE Regulation No 54’.

Appendix 11 (Common security mechanisms) of Annex IC to Commission Implementing Regulation (EU) No 2016/799 is adapted for the purpose of this Section as follows:

24. In point 9.1.4 (Equipment Level: Vehicle Units), in the first note below CSM_78, for ‘Regulation (EU) No 581/2010’ substitute ‘Article 7(5) of Section 2 of Part B Annex ROAD-1 to the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part’.

25. In point 9.1.5 (Equipment level: Tachograph Cards), in the note below CSM_89, for ‘Regulation (EU) No 581/2010’ substitute ‘Article 7(5) of Section 2 of Part B Annex ROAD-1 to the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part’.

Appendix 12 (Positioning based on Global Navigation Satellite System (GNSS)) of Annex IC to Commission Implementing Regulation (EU) No 2016/799 is adapted for the purpose of this Section as follows:

26. The second subparagraph of Section 1 (Introduction) is deleted.

27. In Section 2 (Specification of the GNSS receiver), the reference to ‘compatibility with the services provided by the Galileo and European Geostationary Navigation Overlay Service (EGNOS) programmes as set out in Regulation (EU) No 1285/2013 of the European Parliament and of the Council’, is replaced by ‘compatibility with Satellite Based Augmentation Systems (SBAS)’.

Appendix 16 (Adaptor for M1 and N1 category vehicles) of Annex IC to Commission Implementing Regulation (EU) No 2016/799 is adapted for the purpose of this Section as follows:

28. In point 5.1 in the table under Section (7) (Type approval of recording equipment when an adaptor is used), the reference to ‘Directive 2006/28/EC’ is replaced by ‘UNECE Regulation No 10’.

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