{
  "url": "https://openlegislation.uk/eu-regulation-1985-3821/annex-2/division-III/division-4",
  "json_url": "https://openlegislation.uk/eu-regulation-1985-3821/annex-2/division-III/division-4.json",
  "legislation": "eur/1985/3821",
  "legislation_title": "Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport",
  "legislation_url": "https://openlegislation.uk/eu-regulation-1985-3821",
  "path": "annex/2/division/III/division/4",
  "kind": "division",
  "number": "4",
  "heading": "Monitoring driver activities",
  "text": "033 This function shall permanently and separately monitor the activities of one driver and one co-driver.\n034 Driver activity shall be DRIVING, WORK, AVAILABILITY, or BREAK/REST.\n035 It shall be possible for the driver and/or the co-driver to manually select WORK, AVAILABILITY, or BREAK/REST.\n036 When the vehicle is moving, DRIVING shall be selected automatically for the driver and AVAILABILITY shall be selected automatically for the co-driver.\n037 When the vehicle stops, WORK shall be selected automatically for the driver.\n038 The first change of activity to REST or AVAILABILITY arising within 120 seconds of the automatic change to WORK due to the vehicle stop shall be assumed to have happened at the time of vehicle stop (therefore possibly cancelling the change to WORK).\n039 This function shall output activity changes to the recording functions at a resolution of one minute.\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n041 Given a calendar minute, if DRIVING is registered as the activity of both the immediately preceding and immediately succeeding minute, the whole minute shall be regarded as DRIVING.\n042 Given a calendar minute that is not regarded as DRIVING according to the previous requirement 041, the whole minute shall be regarded to be of the same type of activity as the longest continuous activity within the minute (or the latest of equally long activities).\n043 This function shall also permanently monitor the continuous driving time and the cumulative break time of the driver.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Inserted by Council Regulation (EC) No 2135/98 of 24 September 1998 amending Regulation (EEC) No 3821/85 on recording equipment in road transport and Directive 88/599/EEC concerning the application of Regulations (EEC) No 3820/85 and (EEC) No 3821/85."
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Substituted by Commission Regulation (EC) No 1360/2002 of 13 June 2002 adapting for the seventh time to technical progress Council Regulation (EEC) No 3821/85 on recording equipment in road transport (Text with EEA relevance)."
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Substituted by Commission Regulation (EU) No 1266/2009 of 16 December 2009 adapting for the tenth time to technical progress Council Regulation (EEC) No 3821/85 on recording equipment in road transport (Text with EEA relevance)."
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Deleted by Commission Regulation (EU) No 1266/2009 of 16 December 2009 adapting for the tenth time to technical progress Council Regulation (EEC) No 3821/85 on recording equipment in road transport (Text with EEA relevance)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eur/1985/3821/annex/2/division/III/division/4",
    "retrieved_at": "2026-11-01T15:05:16.849228+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}