Driving and rest times rules and tachographs

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Driving and
rest time rules

The Mobility Package 1 included the revision of the EU rules on the driving and rest time of passenger and goods transport drivers. The new rules entered into force on 20 August 2020 and became applicable 20 days after that date (Driving and rest time and tachograph – Regulation (EU) 2020/1054 of the European Parliament and of the Council of 15 July 2020 amending Regulation (EC) No 561/2006 and Regulation (EU) No 165/2014). The new rules cover, inter alia, the maximum time a driver is allowed to spend at the wheel, breaks and rest periods, the place where regular weekly rests can be taken and the return home of the driver. Related to the driving and rest time is the tachograph, which is the technical device that records driving times and rest periods as well as periods of other work carried out by the driver. The new rules comprise provisions regarding a new type of tachograph (smart tachograph version 2).

Clarification of legal provisions


European Commission Q&As on the new MP1 driving and rest time rules


European Commission Q&As on tachographs and registering border crossings manually

Key deadlines regarding the introducion of smart tachograph version 2
Smart tachograph version 2 (for HGVs) - Adoption of Implementing act Article 11, Regulation (EU) 165/2014 Published here Published
Smart tachograph version 2 (for LCVs, (2.5 – 3.5 tonnes) - Adoption of Implementing act Article 11, Regulation (EU) 165/2014 By 21 February 2022 Still pending
Smart tachograph version 2 mandatory on all new vehicles Article 8.1, Regulation (EU) 165/2014 As of 21 August 2023 To ensure a smooth introduction of smart tachograph 2 in fleets, the industry expects that it is placed on the market 6-9 months before 20 August 2023.
Smart tachograph version 2 (SM2) - Retrofit of analogue and digital tachographs for international transports Article 3, paragraph 4, Regulation (EU) 165/2014 No later than 31 December 2024 Industry considers the period extremely demanding. May cause capacity bottleneck at workshops if not properly planned. Higher costs are expected to arise with the retrofit of analogue tachographs.
Smart tachograph 2 (SM2) - Retrofit of vehicles operating internationally and equipped with version one of the smart tachograph Article 3, paragraph 4a, Regulation (EU) 165/2014 No later than 19 August 2025
Smart tachograph 2 (SM2) in LCVs (2.5 – 3.5 tonnes) operating internationally Article 2(1)(aa), Regulation (EC) No 561/2006 1 July 2026 Own account LCVs are exempted - Article 3(ha)
Smart tachograph version 2 – Obligation for Member States to equip their control authorities with remote early detection equipment for road side checks Article 9, paragraph 2, Regulation (EU) 165/2014 By 21 August 2024 Three years after the Implementing act on smart tachograph version 2 (for HGVs)

Tachograph

In view of the installation of the smart tachograph version 2, the European Commission was of the view that enforcement leniency could be applied by Member States until 31 December 2023 regarding possible installations of smart tachograph 1 in vehicles newly registered after 21 August 2023, whether the vehicle is engaged in national or international transport.

MOVE then suggested that the replacement of a smart tachograph 1 by a smart tachograph 2 in vehicles registered between 21 August 2023 and 31 December 2023 and equipped with a smart tachograph 1, could take place at the latest by 18 August 2025, in order for the date to be aligned with the retrofit deadline for international transport previously equipped with a smart tachograph 1.

Reference to the EC minutes here.

Common understanding & Enforcement rules

TRACE 2 project: training material on enforcement of MP1 rules

The TRACE (Transport Regulators Align Control Enforcement) 2 project aims to develop efficient and harmonized implementation of rules and changes introduced by Mobility Package 1.

In collaboration between CORTE, IRU, ETF, SQUARIS Consultants, and with the support of enforcer organizations ROADPOL and ECR, guidance and training material on the enforcement of new Mobility Package 1 rules were developed and are now available on the European Commission’s website here.

Training material

To organize training sessions for operators and drivers across the EU.

TRACE 2 Enforcement Guidance Document on Regulation (EC) No 561/2006 – Driving and Resting Times available here & on Regulation (EU) No 165/2014 – Tachograph available here.