Further changes in international transport – since 31 December 2024, drivers in the European Union must present tachograph data for the current day and the previous 56 days during a roadside check – which doubles the previous period subject to inspection.
The new regulations mean more responsibility for carriers and drivers, who need to ensure proper management and archiving of tachograph and driver card data. How to avoid problems during an inspection? What to pay special attention to? Learn everything here!
What rules govern the 56 day roadside inspection?
In order to effectively enforce the regulations, inspection authorities must be able to verify that on the day of the inspection and the previous 56 days the driver has complied with the applicable rules on driving and resting time.
Numerous objections have been brought up, especially regarding the operation of driver cards – primarily the G1 and G2V2 models, which were designed based on earlier regulations and retrieve data from the last 28 days. To bring the devices in line with the new requirements, Implementing Regulation (EU) 2021/1228 provided for an increase in the capacity of driver cards to store the necessary data from 56 days. The new cards allow recording information on driver activity, including border crossings and loading and unloading activities.
What does the 56 days’ drivers’ records check look like?
As of 31 December 2024, drivers in the EU must comply with new requirements regarding working time control. Changes include:
- drivers of vehicles equipped with analog tachographs – they must present for inspection the record sheets and any handwritten records from the current day and the previous 56 days,
- drivers of vehicles equipped with digital tachographs – at the request of inspection services they should show printouts and handwritten records from the last 56 days,
- drivers exempted from tachograph use (e.g., carrying passengers on route not exceeding 50 kilometers) – must have a duty roster covering at least the day of inspection and the previous 56 days.
What rights do drivers have during an inspection?
If there are problems with presenting the required data from the last 56 days during a roadside inspection, or if any disputes arise in this respect, the driver has the right to contact their transportation company to provide the missing data before the inspection is completed. This possibility follows directly from the wording of the Road Transport Act (Article 87(6)). However, it should be remembered that this provision does not exempt the driver from the obligation to use the tachograph properly and to have the required documents.
Examples of violations during 56 days subject to roadside inspections
As we’ve mentioned earlier, currently many driver cards are not technically compatible with the new scope of roadside inspection requirements, as well as the introduction of symbols for the country where the driver crosses the border and the start and end of work. This is irrelevant only if the country of border crossing is recorded on the card automatically. According to current technical requirements, the system must store at least 112 records of data.
Due to the possibility of controlling a longer period of driver activity, the total penalties for violations of Regulation 561/2006, regarding driving time and rest periods, have been increased. What else do the new provisions entail? Inspecting officers can now check more easily whether the unused hours of shortened weekly rest are taken correctly. That’s not all – it will also be simpler to verify that the driver has returned to the employer’s operations center or to their place of residence within the next four weeks to take at least one regular weekly rest or a rest of more than 45 hours to compensate for a shortened weekly rest.
The CJEU judgement and roadside inspections – what should you know?
In the context of the CJEU judgement, an issue worth paying special attention to is the abolition, welcomed with great enthusiasm in the TLS industry, of the obligation to return the vehicle once every 8 weeks to the company’s base located in the country of the company’s headquarters.
During a roadside check, officers have the right to analyze the record sheets, tachograph data, as well as any supporting documents. However, the CJEU judgement does not affect the liability rules for drivers.
What violations can be considered a technical error?
Irregularities and malfunctions of the new tachographs that are not related to the fault or intentional action of the driver or the carrier are qualified by inspection officers as technical errors.
Frequently Asked Questions: 56 days subject to roadside inspections
What documents should be prepared for an inspection covering 56 days?
The necessary documents are indicated in Article 87 of the Road Transport Act. The inspection relates to the driver’s activity, so data from the record sheet, driver card, duty roster, driver’s activity certificates, as well as printouts in case of special circumstances and tachograph or card malfunctions are necessary.
How to avoid driver documentation errors?
To avoid problems and fines resulting from 56 days’ inspection, you should pay attention to some key issues:
- preparing the necessary documentation and handing it over to the driver upon confirmation of receipt,
- control of working time and verification of the correctness of the records kept,
- planning for an adequate time margin to allow for performance of the carriage,
- upgrading digital records’ analysis software,
- conducting a periodic audit of documentation,
- training drivers.
Are carriers also liable for drivers’ violations?
The carrier is liable for violations committed by the drivers it employs, even if such violations happen on the territory of another country. This is a consequence of Article 10(3) of Regulation 561/2006 and Article 33 of Regulation 165/2014.
However, member states may make the transport company’s liability contingent on its actual impact on the violation, and may also take into account evidence showing that holding the carrier liable is not justified.
The transport undertaking is obliged to provide drivers with adequate tachograph training. The carrier is also responsible for controlling the use of these devices, and in the event of failure is obliged to provide repairs. The company must not encourage the illegal use of tachographs in any way. It is also important to remember that all printouts and record sheets must be kept in legible form for at least one year after they are made. During this time, the company is required to grant access to these documents to any authorized officer.
