Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport in Wales
EU Regulation No 3821/1985 · Adopted 20 December 1985 · Extends to United Kingdom
Council Regulation (EEC) No 3821/85
of 20 December 1985
on recording equipment in road transport
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 75 thereof,
Having regard to the proposal from the Commissionf1,
Having regard to the opinion of the European Parliamentf2,
Having regard to the opinion of the Economic and Social Committeef3,
Whereas, taking into account the amendments set out hereinafter, in order to clarify matters, all the relevant provisions should be brought together in a single text, and in consequence thereof, Regulation (EEC) No 1463/70 of the Council should be repealed; whereas, however, the exemptions set out in Article 3 (1) for certain passenger services should be maintained in force for a certain time;
Whereas the use of recording equipment that may indicate the periods of time referred to in Regulation (EEC) No 3820/85 on the harmonization of certain social legislation relating to road transportf6 is intended to ensure effective checking on that social legislation;
Whereas the obligation to use such recording equipment can be imposed only for vehicles registered in Member States; whereas furthermore certain of such vehicles may, without giving rise to difficulty, be excluded from the scope of this Regulation;
Whereas the Member States should be entitled, with the Commission's authorization, to grant certain vehicles exemptions from the provisions of the Regulation in exceptional circumstances; whereas, in urgent cases, it should be possible to grant these exemptions for a limited time without prior authorization from the Commission;
Whereas, in order to ensure effective checking, the equipment must be reliable in operation, easy to use and designed in such a way as to minimize any possibility of fraudulent use; whereas to this end recording equipment should in particular be capable of providing, on separate sheets for each driver and in a sufficiently precise and easily readable form, recorded details of the various periods of time;
Whereas automatic recording of other details of a vehicle's journey, such as speed and distance covered, will contribute significantly to road safety and will encourage sensible driving of the vehicle; whereas, consequently, it appears appropriate to provide for the equipment also to record those details;
Whereas it is necessary to set Community construction and installation standards for recording equipment and to provide for an EEC approval procedure, in order to avoid throughout the territory of the Member States any impediment to the registration of vehicles fitted with such recording equipment, to their entry into service or use, or to such equipment being used;
Whereas, in the event of differences of opinion between Member States concerning cases of EEC type approval, the Commission should be empowered to take a decision on a dispute within six months if the States concerned have been unable to reach a settlement;
Whereas it would be helpful in implementing this Regulation and preventing abuses to issue drivers who so request with a copy of their record sheets;
Whereas, in order to achieve the aims hereinbefore mentioned of keeping a check on work and rest periods, it is necessary that employers and drivers be responsible for seeing that the equipment functions correctly and that they perform with due care the operations prescribed;
Whereas the provisions governing the number of record sheets that a driver must keep with him must be amended following the replacement of the flexible week by a fixed week;
Whereas technical progress necessitates rapid adaptation of the technical specifications set out in the Annexes to this Regulation; whereas, in order to facilitate the implementation of the measures necessary for this purpose, provision should be made for a procedure establishing close cooperation between the Member States and the Commission within an Advisory Committee;
Whereas Member States should exchange the available information on breaches established;
Whereas, in order to ensure that recording equipment functions reliably and correctly, it is advisable to lay down uniform requirements for the periodic checks and inspections to which the equipment is to be subject after installation,
HAS ADOPTED THIS REGULATION:
Annotations to the whole text
Footnotes
- f1
-
OJ No C 100, 12. 4. 1984, p. 3, and OJ No C 223, 3. 9. 1985, p. 5.
- f2
- f3
-
OJ No C 104, 25. 4. 1985, p. 4, and OJ No C 303, 25. 11. 1985, p. 29.
- f4
- f5
- f6
-
See page 1 of this Official Journal.
Contents
- Chapter I: Principles and scope
- 1Article 1
- 2Article 2
- 3Article 3
- Chapter II: Type approval
- 4Article 4
- 5Article 5
- 6Article 6
- 7Article 7
- 8Article 8
- 9Article 9
- 10Article 10
- 11Article 11
- Chapter III: Installation and inspection
- 12Article 12
- Chapter IV: Use of equipment
- 13Article 13
- 14Article 14
- 15Article 15
- 16Article 16
- Chapter V: Final provisions
- 17Article 17
- 18Article 18
- 19Article 19
- 20Article 20
- 20aArticle 20a
- 21Article 21
- Signature
- Annex I: REQUIREMENTS FOR CONSTRUCTION, TESTING, INSTALLATION AND INSPECTION
- IDEFINITIONS
- IIGENERAL CHARACTERISTICS AND FUNCTIONS OF RECORDING EQUIPMENT
- CONSTRUCTION REQUIREMENTS FOR RECORDING EQUIPMENT
- General points
- 1Division 1
- 1.1Division 1.1
- 1.2Division 1.2
- 1.3Division 1.3
- 2Division 2
- Materials
- 3.1Division 3.1
- 3.2Division 3.2
- 4Measurement of distance travelled
- Measurement of speed
- 5.1Division 5.1
- 5.2Division 5.2
- Measurement of time (clock)
- 6.1Division 6.1
- 6.2Division 6.2
- Lighting and Protection
- 7.1Division 7.1
- 7.2Division 7.2
- Visual instruments
- Distance travelled indicator (distance recorder)
- 1.1Division 1.1
- 1.2Division 1.2
- 1.3Division 1.3
- Speed indicators (speedometer)
- 2.1Division 2.1
- 2.2Division 2.2
- 2.3Division 2.3
- 2.4Division 2.4
- 3Time indicator (clock)
- Recording instruments
- General points
- 1.1Division 1.1
- 1.2Division 1.2
- 1.3Division 1.3
- 1.4Division 1.4
- Recording distance travelled
- 2.1Division 2.1
- 2.2Division 2.2
- Recording speed
- 3.1Division 3.1
- 3.2Division 3.2
- Recording time
- 4.1Division 4.1
- 4.2Division 4.2
- 4.3Division 4.3
- Closing device
- 1Division 1
- 2Division 2
- Markings
- 1Division 1
- 2Division 2
- Maximum tolerances (visual and recording instruments)
- 1Division 1
- 2Division 2
- 3Division 3
- 4Division 4
- 5Division 5
- RECORD SHEETS
- General points
- 1Division 1
- 2Division 2
- Recording areas and their graduation
- 1Division 1
- 2Division 2
- 3Division 3
- 4Division 4
- (c)Information to be printed on the record sheets
- (d)Free space for hand written insertions
- INSTALLATION OF RECORDING EQUIPMENT
- 1Division 1
- 2Division 2
- 3Division 3
- 4Sealing
- 5Division 5
- VICHECKS AND INSPECTIONS
- 1Certification of new or repaired instruments
- 2Installation
- 3Periodic inspections
- 4Measurement of errors
- Annex I B: REQUIREMENTS FOR CONSTRUCTION, TESTING, INSTALLATION AND INSPECTION
- IDEFINITIONS
- IIGENERAL CHARACTERISTICS AND FUNCTIONS OF THE RECORDING EQUIPMENT
- 1General characteristics
- 2Functions
- 3Modes of operation
- 4Security
- CONSTRUCTION AND FUNCTIONAL REQUIREMENTS FOR RECORDING EQUIPMENT
- 1Monitoring cards insertion and withdrawal
- 2Speed and distance measurement
- 2.1Measurement of distance travelled
- 2.2Measurement of speed
- Division
- 3Time measurement
- 4Monitoring driver activities
- 5Monitoring driving status
- Drivers manual entries
- 6.1Entry of places where daily work periods begin and/or end
- 6.2Manual entry of driver activities
- 6.3Entry of specific conditions
- 7Company locks management
- 8Monitoring control activities
- 9Detection of events and/or faults
- 9.1Insertion of a non-valid card ‘’ event
- 9.2‘ Card conflict ’ event
- 9.3‘ Time overlap ’ event
- 9.4‘ Driving without an appropriate card ’ event
- 9.5‘ Card insertion while driving ’ event
- 9.6‘ Last card session not correctly closed ’ event
- 9.7‘ Over speeding ’ event
- 9.8‘ Power supply interruption ’ event
- 9.9‘ Motion data error ’ event
- 9.10‘ Security breach attempt ’ event
- 9.11‘ Card ’ fault
- 9.12‘ Recording equipment ’ fault
- 10Built-in and self tests
- 11Reading from data memory
- 12Recording and storing in the data memory
- Equipment identification data
- 12.1.1Vehicle unit identification data
- 12.1.2Motion sensor identification data
- 12.2Security elements
- 12.3Driver card insertion and withdrawal data
- 12.4Driver activity data
- Division
- Division
- 12.5Places where daily work periods start and/or end
- 12.6Odometer data
- 12.7Detailed speed data
- 12.8Events data
- 12.9Faults data
- 12.10Calibration data
- 12.11Time adjustment data
- 12.12Control activity data
- 12.13Company locks data
- 12.14Download activity data
- 12.15Specific conditions data
- 13Reading from tachograph cards
- 14Recording and storing on tachograph cards
- 15Displaying
- 15.1Default display
- 15.2Warning display
- 15.3Menu access
- 15.4Other displays
- 16Printing
- 17Warnings
- 18Data downloading to external media
- 19Output data to additional external devices
- 20Calibration
- 21Time adjustment
- 22Performance characteristics
- 23Materials
- 24Markings
- CONSTRUCTION AND FUNCTIONAL REQUIREMENTS FOR TACHOGRAPH CARDS
- 1Visible data
- 2Security
- 3Standards
- 4Environmental and electrical specifications
- 5Data storage
- Card identification and security data
- 5.1.1Application identification
- 5.1.2Chip identification
- 5.1.3IC card identification
- 5.1.4Security elements
- Driver card
- 5.2.1Card identification
- 5.2.2Card holder identification
- 5.2.3Driving licence information
- 5.2.4Vehicles used data
- 5.2.5Driver activity data
- 5.2.6Places where daily work periods start and/or end
- 5.2.7Events data
- Division
- Division
- 5.2.8Faults data
- 5.2.9Control activity data
- Division
- 5.2.10Card session data
- 5.2.11Specific conditions data
- Workshop card
- 5.3.1Security elements
- 5.3.2Card identification
- 5.3.3Card holder identification
- 5.3.4Vehicles used data
- 5.3.5Driver activity data
- 5.3.6Daily work periods start and/or end data
- 5.3.7Events and faults data
- 5.3.8Control activity data
- 5.3.9Calibration and time adjustment data
- 5.3.10Specific conditions data
- Control card
- 5.4.1Card identification
- 5.4.2Card holder identification
- 5.4.3Control activity data
- Company card
- 5.5.1Card identification
- 5.5.2Card holder identification
- 5.5.3Company activity data
- INSTALLATION OF RECORDING EQUIPMENT
- 1Installation
- 2Installation plaque
- 3Sealing
- VICHECKS, INSPECTIONS AND REPAIRS
- 1Approval of fitters or workshops
- 2Check of new or repaired instruments
- 3Installation inspection
- 4Periodic inspections
- 5Measurement of errors
- 6Repairs
- VIICARD ISSUING
- TYPE APPROVAL OF RECORDING EQUIPMENT AND TACHOGRAPH CARDS
- 1General points
- 2Security certificate
- 3Functional certificate
- 4Interoperability certificate
- 5Type approval certificate
- 6Exceptional procedure: first interoperability certificates
- 1DATA DICTIONARY
- 2TACHOGRAPH CARDS SPECIFICATION
- 3PICTOGRAMS
- 4PRINTOUTS
- 5DISPLAY
- 6EXTERNAL INTERFACES
- 7DATA DOWNLOADING PROTOCOLS
- 8CALIBRATION PROTOCOL
- 9TYPE APPROVAL — LIST OF MINIMUM REQUIRED TESTS
- 10GENERIC SECURITY TARGETS
- 11COMMON SECURITY MECHANISMS
- 12ADAPTOR FOR M 1 AND N1 CATEGORY VEHICLES
- Annex II: APPROVAL MARK AND CERTIFICATE
- APPROVAL MARK
- 1Division 1
- 2Division 2
- 3Division 3
- IIAPPROVAL CERTIFICATE FOR PRODUCTS COMPLIANT WITH ANNEX I
- IIIAPPROVAL CERTIFICATE FOR PRODUCTS COMPLIANT WITH ANNEX I B