4 Tachograph Records That Are Often Mistaken for Infringements
Not every record in tachograph data that looks like an infringement at first actually is one.
For example, driving without a driver card can be allowed in certain circumstances. A gap in the data, an interrupted rest period or exceeded driving time can also have a legal and documented reason.
That is why, when you analyse tachograph data, it is important to look not only at the record itself, but also at the situation in which it was created.
In this article, we look at four examples where a first impression is not enough to conclude that an infringement has taken place.
1. Driving without a tachograph card: when it is allowed
Driving without a driver card is usually a serious warning sign that you should not ignore. But the record alone does not prove that the driver chose not to use the card.
If the driver card is lost, stolen, damaged or has stopped working, Regulation (EU) No 165/2014 allows the driver to continue driving without it in certain circumstances. The driver must apply for a replacement card within seven calendar days and may drive without a card for no more than 15 calendar days. This period can be exceeded only if it is necessary for the vehicle to return to its base, and the driver can prove why they could not present or use the card.
At the start and end of the journey, the driver must make tachograph printouts, add the required driver details to them, and record the activities that the tachograph could not link to the driver card.
So a "driving without a card" record is not automatically the same as unauthorised driving without a card. First, check why there was no card and whether the driver met the requirements for this situation.
2. Gaps in driver card data and manual entries
Several hours or even days with no activity on the driver card do not always mean that data is missing or that something was not recorded. The driver may not have been in the vehicle during this time, so the tachograph did not record their activities automatically.
On a digital tachograph, the driver fills in this period manually when they insert the card into the device again. The tachograph asks what the driver did since the card was last removed – for example, other work, availability or rest. The driver selects the activity type and enters its start and end time.
The most important thing is not to leave these periods without an explanation. If activities are not entered correctly, it can later be difficult to prove what the driver was doing at that time.
3. Rest interrupted by a ferry or train: the ferry rule
In the report, the rest period can look interrupted: several hours of rest, then a short drive, then rest again. In a normal situation, this could really be an infringement. But there is an exception for journeys by ferry or train.
Article 9 of Regulation (EC) No 561/2006 allows certain rest periods to be interrupted no more than twice – for example, to drive onto a ferry and later drive off it. These interruptions must not last more than one hour in total, and the driver must have access to a bed or bunk during the rest.
So a short period of driving in the middle of a rest period does not automatically mean that the rules were broken. Look at the whole situation: was a ferry or train really used, how many times was the rest interrupted, and how long did the interruptions last?
4. Driving time over the limit: Article 12 exceptions
The report shows, for example, 10 hours and 35 minutes of driving in one day. If the maximum allowed on that day is 10 hours, at first everything seems clear: the limit was exceeded by 35 minutes.
But there are exceptions here too. Article 12 of Regulation 561/2006 allows a departure from the driving and rest time rules in certain circumstances. This is possible only if it does not put road safety at risk and is necessary to reach a suitable stopping place to protect people, the vehicle or its load.
In some cases, driving time may also be extended so that the driver can reach the company base or their home to start a weekly rest. Depending on the situation, the extension can be:
one hour, to reach the base or home for any weekly rest;
two hours, if the driver is going to a regular weekly rest (45 hours or more), not a reduced one.
If two extra hours are needed, a 30-minute break must be taken directly before the extra driving.
Remember, however, that this is not extra driving time that can be used by choice. The regulation requires the driver to write the reason by hand on the tachograph printout, the record sheet or the duty roster, at the latest on arrival at the destination. Without this note, the exception cannot be proven.
The extra driving time must later be compensated with an equivalent period of rest. This compensation also has specific rules. It must be taken in one block together with another rest period, by the end of the third week after the week in which the extra driving time was used.
So a record showing 35 minutes over the limit is not enough on its own to conclude that the rules were broken. First, check why the driving time was exceeded and whether the exception was justified.
Also remember that extended driving hours are allowed only in exceptional circumstances. All exceptions are allowed only if they do not put road safety at risk.
Why a tachograph report alone is not always enough
All four examples have one thing in common: one record in a report is not enough to conclude straight away that an infringement has taken place.
Driving without a card must be assessed together with the printouts and the reason why the card could not be used.
For a gap in the data, check the manual entries.
If rest was interrupted during a ferry or train journey, check whether the relevant conditions were met.
In certain situations, exceeded driving time can also have a justified and correctly documented reason.
With Tachogram, you can review tachograph data regularly, spot suspicious records and check them in time – not only when they have already become a problem during a roadside check. If you don't use Tachogram yet, try it free for 14 days!
