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EC regulation No 561/2006, published in April 2006, replaced the existing regulation (3820/85) on EU drivers’ hours and made the fitment of digital tachographs mandatory in all new vehicles that require a tachograph as of 1st May 2006. There have been no changes, however, to the basic hours rules or to the vehicles exempted from using a tachograph. Nor is there any requirement to retrofit digital tachographs to existing vehicles. More information on the background to digital tachographs.
The main difference with digital tachographs is that records are saved to a credit-card-sized smart card that’s inserted into the vehicle unit, rather than onto a waxed paper chart. Digital tachos record driver activity such as driving time, other work, rests and breaks to the driver smart card, as well as retaining the information in the basic vehicle unit. Other cards are used by other parties for company, workshop and enforcement purposes.
There are four types of cards that can be used:
Certain fees apply to each of the cards. To apply for driver or company cards, call the DVLA on 0870 850 1074. To apply for workshop cards, call VOSA on 01792 454336. Control cards are available only to VOSA and police officers for the purposes of enforcement. See what the new cards look like.
The vehicle unit will hold data for around 12 months on the drivers of the vehicle and their periods of driving and duty, depending on the volumes of data generated. It also holds data relating to faults, over-speeding, tampering and calibration, as well as recording when its data has been accessed and by what cards. If the vehicle unit isn’t downloaded before its memory is full, it will start to overwrite the oldest data – leaving operators without the records they are legally required to hold. Most industry bodies recommend downloading vehicle units at least every three months.
The driver card should hold up to around 28 working days’ data, depending on the volumes of data generated. Most industry bodies recommend downloading driver cards at least every 21 days.
Drivers aren’t obligated to apply for a smart card but may not drive a digital tacho equipped vehicle without one unless their card has been lost or stolen. A driver may continue to drive without his card for 15 calendar days in these circumstances. However, a replacement card must be applied for within seven calendar days.
If driving without a card, or if the driver card is damaged or malfunctions, drivers must by law use the vehicle unit’s facility to produce printed records of all relevant details, including the driver’s own details, and sign the printouts.
Note that drivers who have been issued with a smart card must carry it with them at all times when driving a vehicle that falls under EU hours rules - whether or not they are driving a digital equipped vehicle.