In October we informed that due to the problems with the new tachograph availability, the European Commission suggested that the Member States could apply a more relaxed approach towards the enforcement of regulations concerning the new vehicles with G2V1 tachographs. Now the European Commission has published a committee meeting report which allows for temporary installation of the older generation devices, among other things.
Directorate-General for Mobility and Transport states that:
- The majority of Member States expressed the desire to adhere to the harmonized approach and to introduce transitional means meant to relax the approach towards regulation enforcement, while the Commission, which guards the internal road transportation market, is aware that possible consequences of the differing practices in the Member States can have a negative impact on it.
- The enforcement of the regulations lies within the competencies of the Member States, whilst they can apply the relaxed approach of the inspection agencies towards the installation of the first version smart tachographs (G2V1 tachographs) in the newly registered vehicles in the EU until 31 December 2023 and it concerns vehicles used both in domestic and international transportation.
- At the same time in the coming months, it will continue to monitor the matters of supplies, while any further prolongation of the potential sanction relaxation period is out of the question at this stage.
- Replacing G2V1 tachographs with G2V2 in vehicles registered from 21 August 2023 to 31 December 2023 could take place no later than until 18 August 2025, which is coincidental with the G2V1 tachograph modernization deadline set forth in the provisions adopted in the Mobility Package I.
- There is no possibility to relax the approach of the inspection agencies towards the matter of taking additional actions regarding loading or unloading as a part of bilateral transportation excluded from the rules of delegation.
The exception is not for Polish carriers
The information shows that Polish carriers, for the time being, cannot take advantage of the option of using the older generation tachographs. As it turns out, in Poland there is no legal basis for the registration of the vehicles outfitted with the first generation recording devices, and what follows – neither for their calibration. A situation when the G2V1 tachograph (installation mandatory since June 2019) gets damaged, remain problematic. In that case the tachograph should be replaced with the latest G2V2 one, which currently means grounding the vehicle. In such a case, even an attempt to install the older tachograph and to calibrate it would result in the shop being fined and its license revoked.