1. What is a tachograph?
   
   

A tachograph is a recording device fitted to a vehicle that is capable of providing on separate sheets (charts) details of vehicle speed, distance covered and driver duty and rest during a 24 hour period.

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2. When do I need a tachograph?
   
   

Under the EC rules you must use a tachograph to record hours of driving, other work, breaks and rest periods when engaged in the driving of a qualifying vehicle.

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3. When are drivers exempt from the EC rules?
   
   

Drivers are exempt from the EC drivers' hours rules and from the tachograph rules (see following questions) when engaged in the following transport operations anywhere in the European Community. UK Drivers Hours Rules may apply for the drivers' hours and record-keeping requirements for these operations.

• Vehicles used for the carriage of goods where the maximum permissible weight of the vehicle, including any trailer or semi-trailer, does not exceed 3.5 tonnes
• Vehicles with a maximum authorised speed not exceeding 30 kilometres per hour
• Vehicles used by or under the control of the armed services, civil defence, fire services, and forces responsible for maintaining public order
• Vehicles used in connection with the sewerage, flood protection, water, gas and electricity services, highway maintenance and control, refuse collection and disposal, telegraph and telephone services, carriage of postal articles, radio and television broadcasting and the detection of radio or television transmitters or receivers
• Vehicles used in emergencies or rescue operations
• Specialised vehicles used for medical purposes
• Vehicles transporting circus and fun-fair equipment
• Specialised breakdown vehicles
• Vehicles undergoing road tests for technical development, repair or maintenance purposes, and new or rebuilt vehicles which have not yet been put into service. (This would not apply to vehicles, normally falling in scope of the EC rules, on journeys to Testing Stations for the purposes of an annual test)
• Vehicles used for non-commercial carriage of goods for personal use
• Vehicles used for milk collection from farms and the return to farms of milk containers or milk products intended for animal feed

Drivers are also exempt from the EC drivers' hours and tachograph rules when engaged in the following transport operations in the UK. In these instances UK Drivers Hours Rules may apply.

• Vehicles used by agricultural, horticultural, forestry or fishery undertakings for carrying goods within a 50 kilometre radius of the place where the vehicle is normally based, including local administrative areas, the centres of which are situated within that radius. (In the case of fishery undertakings the exemption applies only to the movement of fish from landing to first processing on land and of live fish between fish farms)
• Vehicles used for carrying animal waste or carcasses which are not intended for human consumption
• Vehicles used for carrying live animals from farms to local markets and vice versa or from markets to local slaughterhouses
• Vehicles used as shops at local markets or for door-to-door selling or used for mobile banking, exchange or saving transactions, for worship, for the lending of books, records or cassettes, for cultural events or exhibitions, and specially fitted for such uses
• Vehicles with a maximum permissible weight of not more than 7.5 tonnes carrying material or equipment for the driver's use in the course of his work within a 50 kilometre radius of the place where the vehicle is normally based, provided that driving the vehicle does not constitute the driver's main activity
• Vehicles operating exclusively on islands not exceeding 2,300 square kilometres in area, which are not linked to the rest of Great Britain by a bridge, ford or tunnel open for use by motor vehicles
• Vehicles with a gross vehicle weight (including batteries) of not more than 7.5 tonnes used for the carriage of goods and solely propelled by means of gas or electricity (this does not include petrol or diesel start-up engines or any other type of dual-fuelled engine)
• Vehicles used for driving instruction with a view to obtaining a driving licence, but excluding instruction on a journey connected with carrying a commercial load.

Note: The fitment and use of a tachograph will be required under Commission Directive 2000/56, with effect from 30 September 2003, for certain vehicles first registered from that date which are used for a driving test (use of the equipment will only be necessary for the duration of the test).

• Vehicles operated by The Royal National Lifeboat Institution
• Vehicles manufactured before 1 January 1947
• Vehicles propelled by steam
• Vehicles used by health authorities and NHS Trusts as ambulances or to carry staff, patients, medical supplies or equipment (this includes vehicles used by Strategic Health Authorities, NHS Trusts or Primary Care Trusts) Vehicles used by Local Authority social service departments to provide services for the elderly or physically or mentally handicapped
• Vehicles used by HM coastguard and lighthouse services
• Vehicles used by harbour or airport authorities if the vehicles remain wholly within the confines of ports or airports
• Tractors used exclusively for agricultural and forestry work

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4. Which drivers' hours rules do I follow?
   
   

EC rules apply to drivers of most vehicles used for the carriage of goods (including dual purpose vehicles), where the maximum permissible weight of the vehicle, including any trailer or semi-trailer, exceeds 3.5 tonnes. The following countries are subject to the EC drivers' hours and tachograph rules:

Austria	Belgium
Cyprus	Czech Republic
Denmark	Estonia
Finland	France
Germany	Greece
Hungary	Republic of Ireland
Italy	Latvia
Lithuania	Luxembourg
Malta	The Netherlands
Poland	Portugal
Slovak Republic	Slovenia
Spain	Sweden

UK domestic rules apply to drivers of goods vehicles in the UK which are exempt from the EC rules. But when travelling abroad in these vehicles, drivers must observe the national rules of the countries to be visited. The Embassies of these countries will be able to assist in establishing the rules that might apply. AETR rules apply to the whole of any journey if any part of it passes through an AETR country, namely: NB: For journeys to other European countries not subject to either the EC or AETR rules such as Iceland the EC or AETR rules apply as described above in the Community but whilst travelling through the country concerned the domestic rules of that country must be observed. The Embassies of the countries to be visited will be able to assist in establishing the rules that might apply.

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5. How do you use the Tachograph?
   
   

Click on the thumbnail below to view a tachograph image which shows completion of the centre field and what the various trace recordings indicate.

View detailed tachograph in new window

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6. How should the record be used?
   
   

Dirty or damaged charts must not be used. If a chart with recordings on it is damaged, a spare chart must be used instead and attached to the damaged chart. Each driver must enter the following information on the record chart: His or her surname and first name (before departing) The date and place where use of the chart begins (before departing) and ends (after arrival) The registration number of vehicles driven during the use of the chart (which should be entered before departing on a new vehicle) The odometer reading at the start of the first journey and at the end of the last journey shown on the chart. (If there is a change of vehicle during the working day, not only the registration number of the new vehicle but also the readings at the time of the change should be given.) The time of any change of vehicle.

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7. What is the daily driving limit?
   
   

9 hours (which can be increased to 10 hours twice a week) taken between two consecutive daily rest periods or between a daily rest period and a weekly rest period. Driving off the public road does not count as driving time.

Example diagram of allowed driving and rest periods (GIF, 5Kb, Opens in new window)

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8. Is there a weekly driving limit?
   
   

No, but a weekly rest period must he taken after no more than 6 daily driving periods. It is possible to drive up to 56 hours between weekly rest periods (or 58 hours if the 6 daily driving periods straddle two "weeks"). There is however a fortnightly driving limit of 90 hours in any one fortnight.

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9. Is there a limit to continuous driving?
   
   

Yes, after 4½ hours of cumulative or continuous driving a driver must take a break of at least 45 minutes unless the driver begins a daily or weekly rest period (or 2 to 3 breaks of no less than 15 minutes during or immediately after the driving period, so that the total break adds up to at least 45 minutes in the 4½ hours of driving).

E.g.: Example diagram showing - 4½hr driving period / 45 min break / 4½hr driving period

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10. What are the rules on daily rest periods?
    
    

In each period of 24 hours, a driver must have a minimum daily rest of 11 consecutive hours. This may be reduced to 9 hours not more than 3 times a week, as long as the reduction is compensated by an equivalent rest before the end of the following week. Alternatively, 12 hours daily rest may be taken in two or three periods, the last of which must be at least 8 consecutive hours, and all of which must be a least one hour.

E.g. Example driving period/break patterns over two days (JPG, 23Kb, opens in new window)

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11. What is the weekly rest period and when should it be taken?
    
    

The weekly rest period When taking the weekly rest period, a daily rest period must normally be extended to at least 45 consecutive hours. The weekly rest period can be reduced to a minimum of 36 consecutive hours if taken either where the vehicle is normally based or where the driver is based. If it is taken elsewhere it can be reduced to a minimum of 24 consecutive hours. Each reduction must be made up by an equal period of rest attached to a weekly or daily rest period and taken in one continuous period before the end of the third week following the week in question.

Eg: Example diagram of rest period in relation to work period (JPG, 7kb, opens in new window)

When the weekly rest period must be taken

The weekly rest period may be postponed until the end of the sixth day if the total driving time over the six days does not exceed the maximum corresponding to six daily driving periods. A weekly rest period which begins in one week and continues into the following week may be attached to either of these weeks

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12. What are the rules for transport by ferryboat, or train?
    
    

If a vehicle covers part of its journey by ferryboat or train, the following rules apply: The daily rest period may be interrupted, but only once and if it is, 2 hours must be added to the total rest time. If the rest is split up, 1 part must be taken on land, either before or after the journey; the other part can be taken on the boat or train. Any interruption in rest must be as short as possible and no more than 1 hour before or after getting on or off, including any customs formalities. During both parts of the rest period, the driver(s) must have access to a bunk or couchette. Time spent on a ferryboat or train, which is not treated as daily rest, can be treated as a break.

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13. How often should tachographs be inspected?
    
    

They must be inspected at a Department for Transport approved tachograph calibration centre: every 2 years - to check that the system is working properly. The 2 yearly inspection is due: 2 years after the date shown on the installation plaque; or 2 years after the date shown on the 2 yearly inspection plaque; and Every 6 years - to recalibrate the tachograph. The 6 yearly inspection (recalibration) is due 6 years after the date shown on the installation plaque. Where a repair to a vehicle is made that involves recalibration and re-sealing, the above periods apply from that date.

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14. Who is responsible for the issue of record charts?
    
    

The employer must supply the driver with record charts of an approved type that can be used in the tachograph installed in the vehicle. He must give enough for the whole journey as well as some spare ones in case any get damaged or are taken by an authorised inspecting officer.

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15. What are the rules on the return and custody of charts?
    
    

Drivers must carry: Their record charts (not photocopies) for the current week The chart for the last day of the previous week on which they drove Drivers must give the completed charts to their employers within 21 days. Employers must: Make sure that drivers hand in their record sheets within 21 days Keep all charts for at least one year after their use Make regular checks to see that the EC drivers' hours and tachograph rules are being obeyed; if they are not steps should be taken to make sure the breach does not happen again Be able to produce 1 year's record charts for the enforcement authorities. Employers and drivers are required to hand over record charts to enforcement authorities when so requested.

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16. What are the UK domestic rules?
    
    

The UK domestic rules apply to most goods vehicles that are exempt from the EC rules.

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17. What are the driving limits?
    
    

A driver must not drive for more than 10 hours in a day. The daily driving limit applies to time spent at the wheel, actually driving. Off-road driving for the purpose of agriculture, quarrying, forestry, building work or civil engineering counts as duty rather than driving time. Daily duty limit A driver must not be on duty for more than 11 hours on any working day. A driver is exempt from the daily duty limit on any working day when he does not drive. A driver who does not drive for more than 4 hours on each day of the week is exempt from the daily duty limit.

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18. Are there any exemptions from UK domestic rules?
    
    

Yes, the rules do not apply to: Drivers of vehicles used by the Armed Forces, the Police and Fire Brigades Drivers who always drive off the public road system Private driving, i.e. not in connection with a job or in any way to earn a living. Drivers of the following vehicles are exempt from the duty limit but not the driving limit: Goods vehicles, including dual purpose vehicles, not exceeding a maximum permitted gross weight of 3.5 tonnes used by doctors, dentists, nurses, midwives and vets For any service of inspection, cleaning, maintenance, repair, installation or fitting by a commercial traveller By the AA, RAC or RSAC or for cinematograph or radio and television broadcasting.

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19. What about when travelling abroad?
    
    

The UK domestic rules apply only in the UK. But drivers must observe the national rules of the countries in which they travel. The Embassies of these countries will be able to assist in establishing the rules that might apply.

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20. What records should I keep?
    
    

You must keep written records of your hours of work on a weekly record sheet. An example of such a sheet is shown.

Annex D - Example of Weekly Record Sheet (GIF,60Kb,opens new window)

Operators are expected to check and sign each weekly record sheet. Record books containing weekly record sheets are not available from The Stationery Office.

NB. German national rules require drivers of goods vehicles between 2.8 and 3.5 tonnes to record details of their journeys in an AETR style logbook. This means that UK drivers have to use the logbook when they set out and whilst driving through the countries on journeys to or through Germany. Copies of these log books can be obtained from the Road Haulage Association ( 01932 841515).

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21. What are the penalties?
    
    

There is a maximum fine of £2,500 for breach of the drivers' hours rules, and a maximum fine of £5,000 for failing to install or use a tachograph.

Deliberate falsification of a tachograph chart can result in up to 2 years imprisonment/£5,000 fine. This applies to both the driver and to anyone whose orders the driver was following.

In the case of hours offences, the law protects from conviction:

• drivers, who because of unforeseen difficulties were unavoidably delayed in finishing a journey and breached the rules; and
• employers, if any driver was involved in other driving jobs which he could not have known about

In the case of records offences, the law protects an employer from conviction if he can prove that he took all reasonable steps to make sure that the driver kept proper records.

Daily Rest Period

Under the EC and AETR rules this is any period of at least 8 hours in a row during which the crew member can do what he likes and is free to move about as he pleases.

Driving

This is being at the driving controls of a vehicle for the purpose of controlling its movement, whether it is moving or stationary with the engine running.

Duty

In the case of an employee driver this means being on duty, whether driving or otherwise, for anyone who employs him as a driver. For an owner/driver this means driving a vehicle connected with his business, or doing any other work connected with the vehicle or its load. Under the EC/AETR rules duty amounts to 'other periods of work' (perhaps work for another employer not concerned with driving) or other periods of availability 'to one's employer'.

International Journey

Means a journey to or from another country, including the part of the journey within the UK.

Rest

Under the EC rules rest can be any uninterrupted period of at least one hour during which the driver may freely dispose of his time.

Maximum Permissible Weight

Under the EC and AETR rules, this means either the maximum permissible gross weight of the vehicle and that of any trailer (added together) or the towing vehicle's maximum permissible train weight, whichever is the less.

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22. Do I need to seek legal advice?
    
    

As with any legislation, previous court judgements may assist interpretation on a particular point. Some important judgements are available, many in shortened form, in legal reference books that are held by larger reference libraries. If in doubt seek legal advice.

The rules governing Tachograph and Drivers Hours are contained within Council Regulations 3820/85 and 3821/85

A full text of each Regulation is provided on the European Union Website, EUROPA at: http://europa.eu.int (opens a new window)

Further information on Tachographs and Drivers Hours may be obtained from the VOSA website (opens a new window).

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