In several contributions, the topic was highlighted from different sides. Mostly it was about the question of whether in this vehicle class a digital tachograph must be installed. In other cases, the widespread misconception was highlighted that a digital tachograph must be used in principle if such a device is installed. Current questions on the subject, however, show that here the danger of misinterpretation seems to be very high.
Specifically, in a recent case, the question is whether a Digital Tachograph in a vehicle to transport goods with a maximum permissible mass of more than 2.8 t and max. 3.5 tons must be used or not. From previous publications was probably extracted a quote that is on its own and taken out of context so naturally wrong.
“If a digital speedometer is present in the vehicle, it must be used” … this is a misconception, says proDRIVEDRS
The source of this statement was probably our contribution “The transporter class and the digital tachograph” or the content of the last webinar “Myth or Truth?”.
We would like to take up the further explanation of this statement below:
- Vehicles or vehicle combinations for the transport of goods with a maximum permissible mass of more than 2,8 t and max. 3.5 t are not subject to the Tachograph Regulation (EU) 165/2014 and therefore do not need to be equipped with a tachograph.
- Drivers of the vehicles mentioned under 1. must record their working hours, driving times and rest periods according to EU Regulation on daily check sheets if no exemption according to EU Regulation is relevant.
- However, if a tachograph is installed in the vehicles mentioned under 1. because occasionally it may also be driven with a trailer (permissible maximum mass> 3.5 t) and no exception applies under EU Regulation, In accordance with EU Regulation the tachograph must be used. This means that the tachograph can also be used without a trailer if none of the aforementioned exemptions applies. In this case, the work, driving and rest periods to be recorded according to EU Regulation may not be documented by means of daily check sheets but must be recorded with proper use of the driver card and the digital Tachograph.
The above statement was based on the myth that a built-in tachograph must be used in principle. And that is precisely wrong, since such a vehicle quite an exception, such. the craftsman’s scheme may be subject.
The question shows how important it is when interpreting legal contributions not to regard individual sentences and statements as stand-alone. When in doubt, readers should just ask for quotes again and make sure that a single statement is also valid.