Control of registering loading and unloading activities
Regulation (EU) N° 165/2014 on recording equipment in road transport sets out the basic characteristics of the tachographs and lays down the main elements of the system that must be put in place and maintained across the EU.
Digital tachographs are able to record and store the activity of the driver and the co-driver in an accurate and secure manner. The driver must insert into the tachograph a personal card incorporating a microchip before starting to drive. This personal card stores the driving activity from the driver and ensures that the information can be easily retrieved by inspection authorities.
Functionalities of smart tachographs
Since 15 June 2019 a new generation of tachographs, so called smart tachographs, are being installed in newly registered trucks and buses. The smart tachograph features the same functionalities as previous generations of the digital tachograph, complemented with additional communication tools, such as GNSS positioning and transmission of real-time information to enforcement authorities by means of a short-range communication channel.
Following the recent amendment to Regulation (EU) No 165/2014, a new version of the smart tachograph (Smart Tachograph Version 2) has been deployed in 2023. Version 2 incorporates new functionalities for the purpose of enforcement of the EU legislation on cabotage and posting of workers, such as the recording of border crossings or the detection of the position of the vehicle when a loading and unloading activities is being carried out.
Registration of loading and unloading activities
According to Regulation 2020/1054, Art. 8, paragraph 1: “In order to facilitate the verification of compliance with the relevant legislation, the position of the vehicle shall be recorded automatically at the following points, or at the closest point to such places where the satellite signal is available:
- the starting place of the daily working period,
- every time the vehicle crosses the border of a Member State,
- every time the vehicle performs loading and unloading activities,
- every three hours of accumulated driving time, and
- the ending place of the daily working period.”
However, in order for the tachograph to register automatically the location of loading and unloading activities, these activities have to entered manually into the tachograph. The European legislation does not impose on drivers such an obligation, however drivers are in the best position to make appropriate entries into the tachograph.
Enforcement Guidance Document on Regulation (EU) No 165/2004 prepared as part of TRACE 2 project makes it clear, that “The automatic recording of the location of the loading and unloading activities is triggered by the driver, who needs to indicate load and/ or unload operation for the recording of location to happen. This operation can be manually entered through the tachograph menu.”
Drivers responsibility and controls
TRACE 2 Guidance document also clarifies, that “Recording activities are an important part of driver’s work and a full set of records is important for ensuring that controls are cost-effective and not excessively burdensome. It is therefore crucial that drivers are appropriately instructed to use all functionalities of smart tachographs”.
We have alredy observed some controls of registration of loading and/or unloading activities by the drivers and some fines being imposed on drivers, who failed to carry out this activity. However, even if drivers are in the best position to enter loading and/or unloading activities into the tachographs, there are no EU rules imposing such an obligation on drivers. This has been confirmed recently by the European Commission. Consequently, according to the Commission control authorities cannot impose sanctions on drivers. However, transport operators are encouraged to instruct drivers to make relevant entries into the tachographs.
Remember - Control of registering loading and unloading activities!
The smart tachograph version 2 has been fitted in newly registered vehicles as of August 2023 and shall be fitted in already registered vehicles engaged in international road transport operations by August 2025 at the latest (by 31 December 2024 for vehicles equipped with an analogue or digital non-smart tachograph, and 18 August 2025 for vehicles equipped with a smart tachograph version 1). In addition, as of 1 July 2026, vehicles above 2.5 tons in international road transport or cabotage operations will be equipped with a smart tachograph version 2.
To find out more
You can find this article on loading and unloading activities and others linked to it in our dedicated section, by clicking here: Roadside inspections
