The European Commission has published a new questions-and-answers document on tachograph use under Mobility Package I, addressing several points that have caused confusion for drivers, operators and enforcement authorities.
The Commission has clarified that drivers do not need to manually record border crossings when they are using a vehicle fitted with a smart tachograph version 2, even if their driver card is an older version.
In vehicles equipped with smart tachograph version 2, the border crossing is recorded automatically by the tachograph itself. According to the Commission, enforcement authorities can check that data directly, so manual border entry is no longer required in such cases.
This matters because mixed equipment is still common in international transport. Some drivers are still using older cards that do not store automatic border-crossing data themselves. The Commission makes clear that this does not change the rule: if the vehicle has a smart tachograph version 2, manual border recording is not required regardless of the card version.
The 56-day record gap that could still cause trouble
The second important clarification concerns the last 56 days of records. Drivers may need to present records covering the current day and the previous 56 days during roadside inspections, but the Commission acknowledges that some older cards may not always have enough storage capacity for the full period.
Where that happens, the guidance says the operator may send the downloaded data to the driver electronically, or the driver may carry printouts covering the relevant period.
In practice, that means fleets should not assume the driver card alone will always be enough during a check. Operators using older cards, mixed fleets or drivers with very frequent activity changes may need a back-up process to make sure the required records can still be shown at the roadside.
The Q&A does not create a new rule here, but it does spell out an important point for operators: if the records are not available on the card, there must still be another way to present them.
A warning for fleets using non-EU driver cards
The Commission also addressed the position of drivers using cards issued by non-EU parties to the AETR. It says that when such drivers work for transport undertakings established in the EU, the driver and operator should reassess the driver’s normal residence when the existing card expires.
Where appropriate, the driver should then request a new card from the EU Member State where that normal residence has been established.
The Commission also notes that a card issued by a non-EU AETR contracting party may not include all the functions of a smart tachograph version 2 driver card, meaning the driver must still be able to meet EU record-keeping requirements by other means where necessary.
