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S
OCIAL LEGISLATION IN ROAD TRANSPORT
Regulation (EC) No 561/2006, Directive 2006/22/EC, Regulation (EEC) No 3821/85
G
UIDANCE NOTE 4
Issue:
Recording of driving time by digital tachographs when drivers are involved in frequent- or
multi-drop stop operations
Article:
1 of Regulation(EEC) No 3821/85 referring to Regulation (EC) No 1360/2002 (Annex 1B)
Approach to be followed:
As digital tachographs record more accurately than analogue tachographs drivers involved in frequentor
multi-drop stop operations may be faced with higher records of driving time when using a digital
tachograph than it would be with an analogue tachograph. This situation is temporary and may affect
mainly local delivery transport operations. It will last only for the transitional period during which
both the analogue and digital tachograph coexist.
In order to encourage a fast spread of the digital tachograph while providing for equal treatment of
drivers - regardless of the recording instrument used - a tolerance should be possible for national
enforcement agencies during this transitional period. This transitional tolerance should apply to those
vehicles that are involved in frequent-stop or multi-drop journeys and that are equipped with digital
tachographs.
However, and at all times, enforcers will be expected to apply professional discretion. Furthermore,
whenever a driver is behind the wheel of the vehicle and actively engaged in an in-scope transport
operation, he/she will be considered as driving irrespective of his/her circumstances (for example, in
cases when the driver is in a traffic jam or at traffic lights).
Therefore:
•
Member States should inform their Control Officers that they have the possibility to allow, on
checking digital tachograph data, up to a 15 minutes tolerance over a four and a half (4.5) hour
block of driving time for vehicles involved in frequent- or multi-stop drop journeys, provided
such claims can be supported by evidence. This tolerance may be applied, for example, as a
deduction of one minute per driving time block, between stops, with a maximum of 15
minutes per four and a half (4.5) hour block of driving time;
•
Control Officers should, when exercising their discretion, be guided by the circumstances and
use the evidence made available to them at the time (such as verifiable proof that the driver
was involved in frequent- or multi-drop stops), and must verify that their interpretation does
not detract from the proper application of the Drivers' Hours Rules, and thereby undermine
road safety.
•
Member States may use analysis software which is configured to integrate a toleration period
into the driving-time calculations but should be aware that this may lead to problems of
evidence at a later stage. In all circumstances, the tolerance must not exceed the 15 minute
toleration threshold for a four and a half hour (4.5) block of driving time.
•
The tolerance should not discriminate or disadvantage either national or international drivers,
and should only be considered for those operations where the journey clearly involves
frequent- or multi-stop operations.
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