Tachograph: conformity with CE 561/2006
To ensure that the tachograph complies with EC regulation 561 /2006, a few clarifications (or modifications) are required.
Three supplements to Trace 2 Following: Continuing our collection of regulatory discrepancies and ambiguities. Make social regulations accessible for companies and virtuous drivers.
Reader 2: activity recording
When driving with a crew, the 45-minute break, in square crossed out position (available) is permitted when the 2nd driver is not responsible for assisting the driver at the wheel. However, reader reader n°2 does not allow the ‘Other task’ position when driving. Driver assistance cannot be properly recorded. The trainers and tutors cannot declare their activity.
Tachograph settings
C tachographs still offer the option of a setting that is now non-compliant, contrary to regulation 561 2006: ‘Recording of periods of availability of 15 minutes or more as a period of interrupted driving’ (only the “bed” position is authorized as a break except, in a block, in double crew).
Manual entry in “?
An alternative to entry refusal
In manual entry mode, tachographs have the “?” position. However, the use of “?” does not appear in the TRACE and TRACE 2 documents. No Commission note defines the conditions for its use.
Yet this “?” entry is a judicious alternative to the refusal of manual entry. The “NO to manual entry” allowed by EU Directive 2016/799 (61 Annex C) does not allow unknown activity to be limited to the period in question.
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Examples of the use “?”
Driving a vehicle with an analog tachograph. The driver starts his day with a disc vehicle. He cannot then record this driving activity manually. By saying NO to manual entry, he refuses to record the entire period since the card was collected,The entire period between ejection and insertion of the card will appear on his card as unknown activity including rest periods. What's more, refusal does not offer to register the start of service with country of departure.
Training week It is impossible to require drivers returning from a week's training to record every day, including breaks. It's too tedious. On the other hand, a refusal would mean 9 days of unknown activity.
The driver has the option of recording his two weekly rest periods and declare his only training period as “?”. He justify this, during a roadside check, with the countersigned the training certificate countersigned by the employer.
Consistency For occasional or part-time drivers, manual entry in “?” provides a solution that complies with the spirit of Decision 2009/959/EU.
"Tachograph records are the primary source of information for roadside checks. The absence of tachograph records should only be justified by objective reasons that prevented the recording of data, including manual data. In this case, a certificate should be drawn up."
Manual entry in ‘?’ is consistent with previous Commission publications: the summary note, clarification note no. 7 and guidance note no. 5. It favours digital data management (see our study in Chrono et activité inconnue).