02021R1228 — EN — 21.08.2023 — 001.001
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COMMISSION IMPLEMENTING REGULATION (EU) 2021/1228 of 16 July 2021 amending Implementing Regulation (EU) 2016/799 as regards the requirements for the construction, testing, installation, operation and repair of smart tachographs and their components (OJ L 273 30.7.2021, p. 1) |
Amended by:
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COMMISSION IMPLEMENTING REGULATION (EU) 2023/980 of 16 May 2023 |
L 134 |
28 |
22.5.2023 |
COMMISSION IMPLEMENTING REGULATION (EU) 2021/1228
of 16 July 2021
amending Implementing Regulation (EU) 2016/799 as regards the requirements for the construction, testing, installation, operation and repair of smart tachographs and their components
(Text with EEA relevance)
Article 1
Annex IC to Implementing Regulation (EU) 2016/799 is amended in accordance with the Annex to this Regulation.
Article 2
Entry into force
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
It shall apply from 21 August 2023.
However, from 25 May 2023, national authorities shall not refuse to grant EU type approval for a new type of tachograph, tachograph component, or tachograph card, or grant extension for an existing type of tachograph, tachograph component, or tachograph card, or prohibit registration, placing on the market or entry into service of a new tachograph, tachograph component, or tachograph card where the equipment concerned complies with Implementing Regulation (EU) 2016/799 as amended by this Regulation, if a manufacturer so requests.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX
Annex IC to Implementing Regulation (EU) 2016/799 is amended as follows:
the table of content is amended as follows:
the following point 3.6.4 is inserted:
Entry of load/unload operation’;
the following point 3.9.18 is inserted:
‘GNSS anomaly’ event’;
the following points 3.12.17, 3.12.18 and 3.12.19 are inserted:
Border crossings
Load/unload operations
Digital map’;
point 3.20 is replaced by the following:
Data exchanges with additional external devices’;
the following points 3.27 and 3.28 are inserted:
Monitoring border crossings
Software update’;
the following point 4.5.3.2.1.1 is inserted:
Additional application identification (not accessed by version 1 of second generation vehicle units)’;
the following points 4.5.3.2.17 to 4.5.3.2.22 are inserted:
Authentication status for positions related to places where daily work periods start and/or end (not accessed by version 1 of second generation vehicle units)
Authentication status for positions where three hours accumulated driving time are reached (not accessed by version 1 of second generation vehicle units)
Border crossings (not accessed by version 1 of second generation vehicle units)
Load/unload operations (not accessed by version 1 of second generation vehicle units)
Load type entries (not accessed by version 1 of second generation vehicle units)
VU configurations (not accessed by version 1 of second generation vehicle units)’;
the following point 4.5.4.2.1.1 is inserted:
Additional application identification (not accessed by version 1 of second generation vehicle units)’;
the following points 4.5.4.2.16 to 4.5.4.2.22 are inserted:
Authentication status for positions related to places where daily work periods start and/or end (not accessed by version 1 of second generation vehicle units)
Authentication status for positions where three hours accumulated driving are reached (not accessed by version 1 of second generation vehicle units)
Border crossings (not accessed by version 1 of second generation vehicle units)
Load/unload operations (not accessed by version 1 of second generation vehicle units)
Load type entries (not accessed by version 1 of second generation vehicle units)
Calibration Additional Data (not accessed by version 1 of second generation vehicle units)
VU configurations (not accessed by version 1 of second generation vehicle units)’;
the following point 4.5.5.2.1.1 is inserted after point 4.5.5.2.1:
Additional application identification (not accessed by version 1 of second generation vehicle units)’;
the following point 4.5.5.2.6 is inserted:
VU configurations (not accessed by version 1 of second generation vehicle units)’;
the following point 4.5.6.2.1.1 is inserted after point 4.5.6.2.1:
Additional application identification (not accessed by version 1 of second generation vehicle units)’;
the following point 4.5.6.2.6 is inserted:
VU configurations (not accessed by version 1 of second generation vehicle units)’;
the introductory text before the List of Appendixes is replaced by the following:
‘INTRODUCTION
This Annex contains second generation recording equipment and tachograph cards requirements.
Since June 15th 2019, second generation recording equipment is being installed in vehicles registered in the Union for the first time, and second generation tachograph cards are being issued.
In order to smoothly implement the second generation tachograph system, second generation tachograph cards have been designed to be also used in first generation vehicle units built in accordance with Annex IB to Regulation (EEC) No 3821/85.
Reciprocally, first generation tachograph cards may be used in second generation vehicle units. Nevertheless, second generation vehicle units can only be calibrated using second generation workshop cards.
The requirements regarding the interoperability between the first and the second generation tachograph systems are specified in this Annex. In this respect, Appendix 15 contains additional details on the management of the co-existence of both generations.
In addition, due to the implementation of new functions such as the use of Galileo Open Signal Navigation Messages Authentication, detection of border crossings, entry of load and unload operations, and also to the need to increase the driver card capacity to 56 days of driver activities, this Regulation introduces the technical requirements for the second version of the second generation recording equipment and tachograph cards.’;
section 1, is amended as follows:
point (f) is replaced by the following:
‘calibration of a smart tachograph’ means:
updating or confirming vehicle parameters to be held in the data memory. Vehicle parameters include vehicle identification (VIN, VRN and registering Member State) and vehicle characteristics (w, k, l, tyre size, speed-limiting device setting (if applicable), current UTC time, current odometer value, by-default load type); during the calibration of a recording equipment, the types and identifiers of all type-approval relevant seals in place shall also be stored in the data memory;
any update or confirmation of UTC time only, shall be considered as a time adjustment and not as a calibration, provided it does not contradict requirement 409 set out in point 6.4.
calibrating a recording equipment requires the use of a workshop card;’;
point (g) is replaced by the following:
‘card number’ means:
a 16-alpha-numerical characters number that uniquely identifies a tachograph card within a Member State. The card number includes an identification, which consists in a driver identification, or in a card owner identification together with a card consecutive index, a card replacement index and a card renewal index;
a card is therefore uniquely identified by the code of the issuing Member State and the card number;’;
points (i) and (j) are replaced by the following:
‘card renewal index’ means:
the 16th alpha-numerical character of a card number which is incremented each time a tachograph card corresponding to a given identification, i.e. driver identification or owner identification together with consecutive index, is renewed;
‘card replacement index’ means:
the 15th alpha-numerical character of a card number which is incremented each time a tachograph card corresponding to a given identification, i.e. driver identification or owner identification together with consecutive index, is replaced;’;
point (ee) is replaced by the following:
‘non-valid card’ means:
a card detected as faulty, or which authentication failed, or whose start of validity date is not yet reached, or which expiry date has passed;
a card is also considered as non-valid by the vehicle unit:
point (ll) is replaced by the following:
‘remote communication facility’, ‘remote communication module’ or ‘remote early detection facility’ means:
the equipment of the vehicle unit which is used to perform targeted roadside checks;’;
point (nn) is replaced by the following:
‘card renewal’ means:
issue of a new tachograph card when an existing card reaches its expiry date, or is malfunctioning and has been returned to the issuing authority;’;
point (pp) is replaced by the following:
‘card replacement’ means:
issue of a new tachograph card in replacement of an existing card, which has been declared as lost, stolen or malfunctioning and has not been returned to the issuing authority;’;
point (tt) is replaced by the following:
‘time adjustment’ means:
an adjustment of current time; this adjustment can be automatic, using the time provided by the GNSS receiver as a reference, or performed in calibration mode;’;
in point (yy), the first indent is replaced by the following:
installed and used only in M1 and N1 type vehicles, as defined in Article 4 of Regulation (EU) 2018/858 of the European Parliament and of the Council ( 1 ),’;
point (aaa) is replaced by the following:
reserved for future use;’;
point (ccc) is replaced by the following:
‘introduction date’ means:
the date set out in Regulation (EU) No 165/2014 as from which vehicles registered for the first time shall be fitted with a tachograph in accordance with this Regulation.’;
point 2.1 is amended as follows:
paragraph (5) is replaced by the following:
The vehicle unit shall include an ITS interface, which is specified in Appendix 13.
The recording equipment may be connected to other facilities through additional interfaces and/or through the ITS interface.’;
in paragraph (7), the last subparagraph is replaced by the following:
‘This is done in accordance with the applicable Union legislation regarding data protection and in compliance with Article 7 of Regulation (EU) No 165/2014.’;
point 2.2 is amended as follows:
the sixth indent is replaced by the following:
drivers manual entries:
the following indents are added
monitoring border crossings,
software update.’;
point 2.3 is amended as follows
in paragraph (12), the fifth indent is replaced by the following:
The downloading function is not accessible in the operational mode, except:
as provided for in requirement 193,
downloading a driver card when no other card type is inserted into the VU.’;
paragraph (13) is amended as follows:
the second indent is replaced by the following:
in the company mode, driver related data (requirements 102, 105, 108, 133a and 133e) can be output only for periods where no lock exists or no other company holds a lock (as identified by the first 13 digits of the company card number),’;
the fourth indent is replaced by the following:
personal data recorded and produced by either the tachograph or the tachograph cards shall not be output through the ITS interface of the VU unless the consent of the driver to whom the data relates is verified.’;
in point 2.4(14), the fourth indent is replaced by the following:
external GNSS facility (this Profile is only needed and applicable for the external GNSS facility variant).’;
point 3.1 is amended as follows:
paragraph (16) is replaced by the following:
Upon card insertion (or remote card authentication) the recording equipment shall detect whether the card is a valid tachograph card in accordance with definition (ee) in section 1, and in such a case identify the card type and the card generation.
For checking if a card has already been inserted, the recording equipment shall use the tachograph card data stored in its data memory, as set out in requirement 133.’;
paragraph (20) is replaced by the following:
The withdrawal of tachograph cards may function only when the vehicle is stopped and after the relevant data have been stored on the cards. The withdrawal of the card shall require positive action by the user.’;
point 3.2 is amended as follows:
paragraphs (26) and (27) are replaced by the following:
To detect manipulation of motion data, information from the motion sensor shall be corroborated by vehicle motion information derived from the GNSS receiver and by other source(s) independent from the motion sensor. At least another independent vehicle motion source shall be inside the VU without the need of an external interface.
This function shall measure the position of the vehicle in order to allow for the recording of:
in point 3.2.1, the following sentence is added in paragraph (30):
‘The tolerances shall not be used to intentionally alter the distance measured.’;
in point 3.2.2, paragraph (33) is replaced by the following:
To ensure a maximum tolerance on speed displayed of ± 6 km/h in use, and taking into account:
the recording equipment shall, for speeds between 20 and 180 km/h, and for characteristic coefficients of the vehicle between 2 400 and 25 000 imp/km, measure the speed with a tolerance of ± 1 km/h (at constant speed).
Note: The resolution of data storage brings an additional tolerance of ± 0,5 km/h to speed stored by the recording equipment.’;
in point 3.2.3, paragraph (37) is replaced by the following:
The absolute position shall be measured in geographical coordinates of latitude and longitude in degrees and minutes with a resolution of 1/10 of a minute.’;
point 3.3 is amended as follows
paragraph (41) is replaced by the following:
Time drift shall be ± 1 second per day or less, in temperature conditions in accordance with requirement 213, in the absence of any time adjustment.’;
the following paragraphs (41a), (41b) and (41c) are inserted:
Time accuracy when time is adjusted by workshops in accordance with requirement 212 shall be 3 seconds or better.
The vehicle unit shall include a drift counter, which computes the maximal time drift since the last time adjustment in accordance with point 3.23. The maximal time drift shall be defined by the vehicle unit manufacturer and shall not exceed 1 second per day, as set out in requirement 41.
The drift counter shall be reset to 1 second after each time adjustment of the recording equipment in accordance with point 3.23. This includes:
point 3.6 is amended as follows:
point 3.6.1 is amended as follows:
paragraphs (57) to (59) are replaced by the following:
Places are defined as the country and, in addition where applicable, the region.
Upon driver (or workshop) card withdrawal, the recording equipment shall display the current place of the vehicle on the basis of the GNSS information, and of stored digital map in accordance with point 3.12.19, and shall request the cardholder to confirm or to manually rectify the place.
The place entered in accordance with requirement 58 shall be considered as the place where the daily work period ends. It shall be recorded in the relevant driver (or workshop) card as a temporary record, and may therefore be later overwritten.
Under the following conditions temporary entry made at last card withdrawal is validated (i.e. shall not be overwritten anymore):
Under the following conditions temporary entry made at last card withdrawal is overwritten and the new value is validated:
the following subparagraph is added in paragraph (60):
‘The recording equipment shall display the current place of the vehicle on the basis of the GNSS information, and of stored digital map(s) in accordance with point 3.12.19 and shall request the driver to confirm or to manually rectify the place.’;
in point 3.6.2, paragraph (61) is replaced by the following:
Upon driver (or workshop) card insertion, and only at this time, the recording equipment shall allow manual entries of activities. Manual entries of activities shall be performed using local time and date values of the time zone (UTC offset) currently set for the vehicle unit.
At driver or workshop card insertion the cardholder shall be reminded of:
At the first insertion of a given driver card or workshop card currently unknown to the vehicle unit, the cardholder shall be invited to express his consent for tachograph related personal data output through the ITS interface. For checking if a card has already been inserted, the recording equipment shall use the tachograph card data stored in its data memory, as set out in requirement 133.
At any moment, the driver (resp. workshop) consent can be enabled or disabled through commands in the menu, provided the driver (resp. workshop) card is inserted.
It shall be possible to input activities with the following restrictions:
It shall be possible to make manual entries, if required, at the first insertion of a previously unused driver (or workshop) card.
The procedure for manual entries of activities shall include as many consecutive steps as necessary to set a type, a start time and an end time for each activity. For any part of the time period between last card withdrawal and current card insertion, the cardholder shall have the option not to declare any activity.
During the manual entries associated with card insertion and if applicable, the card holder shall have the opportunity to input:
For the place where the current daily work period begins entered at the current card insertion, the recording equipment shall display the current place of the vehicle on the basis of the GNSS information, and of stored digital map(s) in accordance with point 3.12.19, and shall request the driver to confirm or to manually rectify the place.
If the card holder does not enter any place where the work period begins or ended, during the manual entries associated with card insertion, this shall be considered as a declaration that his work period has not changed since the last card withdrawal. The next entry of a place where a previous daily work period ends shall then overwrite the temporary entry made at the last card withdrawal.
If a place is entered, it shall be recorded in the relevant tachograph card.
Manual entries shall be interrupted if:
Additional interruptions are allowed, e.g. a timeout after a certain period of user inactivity. If manual entries are interrupted, the recording equipment shall validate any complete place and activity entries (having either unambiguous place and time, or activity type, begin time and end time) already made.
If a second driver or workshop card is inserted while manual entries of activities are in progress for a previously inserted card, the manual entries for this previous card shall be allowed to be completed before manual entries start for the second card.
The cardholder shall have the option to insert manual entries according to the following minimum procedure:
The procedure shall end when the end time of a manually entered activity equals the card insertion time.
The recording equipment shall allow drivers and workshops to alternately upload manual entries that need to be entered during the procedure through the ITS interface specified in Appendix 13 and, optionally, through other interfaces.
The recording equipment shall allow the card holder to modify any activity manually entered, until validation by selection of a specific command. Thereafter, any such modification shall be forbidden.’;
in point 3.6.3, paragraph (62) is replaced by the following:
The recording equipment shall allow the driver to enter, in real time, the following two specific conditions:
A ‘FERRY / TRAIN CROSSING’ shall not occur if an ‘OUT OF SCOPE’ condition is opened. If an ‘OUT OF SCOPE’ condition is opened, the recording equipment shall not allow users to enter a ‘FERRY / TRAIN CROSSING’ begin flag.
An opened ‘OUT OF SCOPE’ condition must be automatically closed, by the recording equipment, if a driver card is inserted or withdrawn.
An opened ‘OUT OF SCOPE’ condition shall inhibit the following events and warnings:
The driver shall enter the FERRY / TRAIN CROSSING begin flag immediately after selecting BREAK/REST on the ferry or train.
An opened FERRY / TRAIN CROSSING must be ended by the recording equipment when any of the following options occurs:
If more than one specific conditions entry of the same type is done within one calendar minute, only the last one shall be kept recorded.’;
the following point 3.6.4 is added:
Entry of load/unload operation
The recording equipment shall allow the driver to enter and confirm, in real time, information indicating that the vehicle is being loaded, unloaded or that simultaneous load/unload operation is being performed.
If more than one load/unload operation entry of the same type is done within one calendar minute, only the last one shall be kept recorded.
Load, unload or simultaneous load/unload operations shall be recorded as separate events.
The load/unload information shall be entered before the vehicle leaves the place where the load/unload operation is carried out.’;
point 3.9 is amended as follows:
in point 3.9.12, paragraph (83) is replaced by the following:
This event shall be triggered, while not in calibration mode, in case of interruption of the normal data flow between the motion sensor and the vehicle unit and/or in case of data integrity or data authentication error during data exchange between the motion sensor and the vehicle unit. This event shall also be triggered, while not in calibration mode, in case the speed calculated from the motion sensor pulses increases from 0 to more than 40 km/h within 1 second, and then stays above 40km/h during at least 3 seconds.’;
in point 3.9.13, paragraph (84) is replaced by the following:
This event shall be triggered, as specified in Appendix 12, while not in calibration mode, in case motion information calculated from the motion sensor is contradicted by motion information calculated from the internal GNSS receiver or from the external GNSS facility or by other independent source(s) in accordance with requirement 26. This event shall not be triggered during a ferry/train crossing.’;
in point 3.9.15, paragraph (86) is replaced by the following:
This event shall be triggered, while not in calibration mode, when the VU detects a discrepancy between the time of the vehicle unit’s time measurement function and the time originating from the authenticated positions transmitted by the GNSS receiver or the external GNSS facility. A ‘time discrepancy’ is detected if the time difference exceeds ±3 seconds corresponding to the time accuracy set out in requirement 41a, the latter increased by the maximal time drift per day. This event shall be recorded together with the internal clock value of the recording equipment. The VU shall perform the check for triggering the ‘time conflict’ event right before the VU automatically re-adjusts the VU internal clock, in accordance with requirement 211.’;
in point 3.9.17, the eighth indent is replaced by the following:
ITS interface fault.’;
the following point is added:
‘GNSS anomaly’ event
This event shall be triggered, while not in calibration mode, when the GNSS receiver detects an attack, or when authentication of navigation messages has failed, as specified in Appendix 12. After a GNSS anomaly event has been triggered, the VU shall not generate other GNSS anomaly events for the next 10 minutes.’;
in point 3.10, the last row in the table is replaced by the following:
‘ITS interface |
Proper operation’ |
|
point 3.12 is amended as follows:
the first paragraph is replaced by the following:
‘For the purpose of this point,
point 3.12.1.1 is amended as follows:
in paragraph (93), the following indent is added:
digital map version identifier (requirement 133l).’;
paragraph (94) is replaced by the following:
Vehicle unit identification data are recorded and stored once and for all by the vehicle unit manufacturer, except data which may be changed in case of software update in accordance with this Regulation, and the ability to use first generation tachograph cards.’;
in point 3.12.1.2, the first subparagraph of paragraph (97) is replaced by the following:
The vehicle unit shall be able to record and store in its data memory the following data related to the 20 most recent successful pairings of motion sensors (if several pairings happen within one calendar day, only the first and the last one of the day shall be stored):’;
in point 3.12.1.3, the first subparagraph of paragraph (100) is replaced by the following:
The vehicle unit shall be able to record and store in its data memory the following data related to the 20 most recent successful couplings of external GNSS facilities (if several couplings happen within one calendar day, only the first and the last one of the day shall be stored).’;
point 3.12.5 is amended as follows:
paragraph (110) is amended as follows:
the first indent is replaced by the following:
the driver and/or co-driver card number and card issuing Member State’;
the following indent is added:
a flag indicating whether the position has been authenticated.’;
the following paragraph (110a) is inserted:
For places where the daily work period begins or ends entered during the manual entry procedure at card insertion in accordance with requirement 61, the current odometer value and position of the vehicle shall be stored.’;
in point 3.12.8, the table in paragraph (117) is amended as follows:
the fifth row is replaced by the following:
‘Last card session not correctly closed |
— the 10 most recent events. |
— date and time of card insertion, — card(s) type, number, issuing Member State and generation, — last session data as read from the card: — date and time of card insertion.’ |
the following row is added:
‘GNSS anomaly |
— the longest events for each of the 10 last days of occurrence, — the 5 longest events over the last 365 days. |
— date and time of beginning of event, — date and time of end of event, — card(s) type, number, issuing Member State and generation of any card inserted at beginning and/or end of the event, — number of similar events that day.’ |
in point 3.12.10, the following indents are added in paragraph (120):
the serial numbers of the motion sensor, the external GNSS facility (if any), and the external remote communication facility (if any),
the by-default load type associated to the vehicle (load of either goods or passengers),
the country in which the calibration has been performed, and the date time when the position used to determine this country was provided by the GNSS receiver.’;
the following points are added:
‘3.12.17 Border crossings
The recording equipment shall record and store in its data memory the following information about border crossings:
Together with countries and position, the recording equipment shall record and store in its data memory:
The data memory shall be able to hold border crossings for at least 365 days.
When storage capacity is exhausted, new data shall replace oldest data.
3.12.18 Load/unload operations
The recording equipment shall record and store in its data memory the following information about load and unload operations of the vehicle:
When the position of the vehicle is not available from the GNSS receiver at the time of the load/unload operation, the recording equipment shall use the latest available position, and the related date and time.
Together with the type of operation and position, the recording equipment shall record and store in its data memory:
The data memory shall be able to store load/unload operations for at least 365 calendar days.
When storage capacity is exhausted, new data shall replace oldest data.
3.12.19 Digital map
For the purpose of recording the position of the vehicle when the border of a country is crossed, the recording equipment shall store in its data memory a digital map.
Allowed digital maps for supporting the border crossing monitoring function of the recording equipment shall be made available by the European Commission for download from a dedicated secured website, under various formats.
For each of these maps, a version identifier and a hash value shall be available on the website.
The maps shall feature:
Tachograph manufacturers shall select a map from the website and download it securely.
Tachograph manufacturers shall only use a downloaded map from the website after having verified its integrity using the hash value of the map.
The selected map shall be imported in the recording equipment by its manufacturer, under an appropriate format, but the semantic of the imported map shall remain unchanged.
The manufacturer shall also store the version identifier of the map used in the recording equipment.
It shall be possible to update or replace the stored digital map by a new one made available by the European Commission.
Digital map updates shall be made using the software update mechanisms set up by the manufacturer, in application of requirements 226d and 226e, so that the recording equipment can verify the authenticity and integrity of a new imported map, before storing it and replacing the previous one.
Tachograph manufacturers may add additional information to the basic map referred to in requirement (133m), for purposes other than recording border crossings, such as the borders of the EU regions, provided that the semantic of the basic map is not changed.’;
point 3.13 is amended as follows:
in paragraph (134), the third indent is replaced by the following:
to compute the driver's continuous driving time, cumulative break time and accumulated driving times for the previous and the current week,’;
the following paragraph (135a) is added:
The structure in the ‘TACHO_G2’ application depends on the version. Version 2 cards contain additional Elementary Files to the ones of version 1 cards, in particular:
The vehicle unit shall ignore any authentication status found in EF Places_Authentication or EF GNSS_Places_Authentication, when no vehicle position with the same timestamp is found in EF Places or EF GNSS_Places.
The vehicle unit shall ignore the elementary file EF VU_Configuration in all cards insofar as no specific rules have been provided with respect to the use of such elementary file. Those rules shall be set out through an amendment of Annex IC, which shall include the modification or deletion of this paragraph.’;
point 3.14 is amended as follows:
point 3.14.1 is amended as follows:
paragraph (140) is replaced by the following:
All events and faults not defined for the first generation recording equipment shall not be stored on the first generation driver and workshop cards.’;
paragraph (143) is replaced by the following:
Before releasing a driver or workshop card and after all relevant data have been stored on the card, the recording equipment shall reset the ‘card session data’.’;
point 3.14.2 is amended as follows:
in paragraph (144), the following sub-paragraph is added:
‘The structure in the ‘TACHO_G2’ application depends on the version. Version 2 cards contain additional Elementary Files to the ones of version 1 cards.’;
the following paragraphs (147a) and (147b) are inserted:
On insertion of a driver or workshop card, the recording equipment shall store on the card the by-default load type of the vehicle.
On insertion of a driver or workshop card, and after the manual entry procedure, the recording equipment shall check the last place where the daily work period begins or ends stored on the card. This place may be temporary, as specified in requirement 59. If this place is in a different country from the current one in which the vehicle is located, the recording equipment shall store on the card a border crossing record, with:
the following paragraph (150a) is added:
The vehicle unit shall ignore the elementary file EF VU_Configuration in all cards insofar as no specific rules have been provided with respect to the use of such elementary file. Those rules shall be set out through an amendment of Annex IC, which shall include the modification or deletion of this paragraph.’;
in point 3.15.4, paragraph (167) is amended as follows:
the second indent is replaced by the following:
the content of any of the printouts listed in requirement 169 under the same formats as the printouts themselves,’;
the fifth and sixth indents are replaced by the following:
the accumulated driving time of the driver for the previous and the current week,
the accumulated driving time of the co-driver for the previous and the current week,’;
the eighth, ninth and tenth indents are replaced by the following:
the accumulated driving time of the driver for the current week,
the accumulated driving time of the co-driver for the current daily work period,
the accumulated driving time of the driver for the current daily work period.’;
point 3.18 is amended as follows:
paragraph (193) is replaced by the following:
In addition and as an optional feature, the recording equipment may, in any mode of operation, download data through any other interface to a company authenticated through this channel. In such a case, company mode data access rights shall apply to this download.’;
the following paragraphs (196a) and (196b) are added:
A transport undertaking which uses vehicles that are fitted with recording equipment complying with this Annex and fall within the scope of Regulation (EC) No 561/2006, shall ensure that all data are downloaded from the vehicle unit and driver cards.
The maximum period within which the relevant data are downloaded shall not exceed:
Transport undertakings shall keep the data downloaded from the vehicle unit and driver cards for at least twelve months following recording.’;
in point 3.19, the following indents are added in paragraph (199):
vehicle position,
an indication if the driver may currently infringe the driving times.’;
point 3.20 is amended as follows:
the header is replaced by the following:
Data exchanges with additional external devices’;
paragraph (200) is replaced by the following:
The recording equipment shall also be equipped with an ITS interface in accordance with Appendix 13, allowing the data recorded or produced by either the tachograph or the tachograph cards to be used by an external facility.
In operational mode, the driver consent shall be needed for the transmission of personal data through the ITS interface. Nevertheless, the driver consent shall not apply to tachograph or card data accessed in control, company or calibration mode. The data and functional access rights for these modes are specified in requirements 12 and 13.
The following requirements shall apply to ITS data made available through that interface:
Additional vehicle unit interfaces may co-exist, provided they fully comply with the requirements of Appendix 13 in terms of driver consent. The recording equipment shall have the capacity to communicate the driver consent status to other platforms in the vehicle network and to external devices.
For personal data injected in the vehicle network, which are further processed outside the vehicle network, it shall not be the responsibility of the tachograph manufacturer to have that personal data process compliant with the applicable Union legislation regarding data protection.
The ITS interface shall also allow for data entry during the manual entry procedure in accordance with requirement 61, for both the driver and the co-driver.
The ITS interface may also be used to enter additional information, in real time, such as:
This information may also be entered through other interfaces.’;
paragraph (201) is replaced by the following:
The serial link interface as specified in Annex IB to Regulation (EEC) No 3821/85, as last amended, can continue to equip tachographs for back compatibility. The serial link is classified as a part of the vehicle network, in accordance with requirement 200.’;
point 3.21 is amended as follows,
paragraph (202) is amended as follows:
the ninth indent is replaced by the following:
to update or confirm other parameters known to the recording equipment: vehicle identification, w, l, tyre size and speed limiting device setting if applicable, and by-default load type,’;
the following indent is added:
to automatically store the country in which the calibration has been performed, and the date time when the position used to determine this country was provided by the GNSS receiver.’;
paragraph (205) is replaced by the following:
Coupling the external GNSS facility to the VU shall consist, at least, in:
in point 3.22, the following sub-paragraph is added in paragraph (209):
‘When the I/O mode of the calibration I/O signal line is active according to this requirement, the ‘Driving without an appropriate card’ warning (requirement 75) shall not be triggered by the vehicle unit.’;
point 3.23 is amended as follows:
paragraph (211) is replaced by the following:
The time setting of the VU internal clock shall be automatically re-adjusted at variable time intervals. The next automatic time re-adjustment shall be triggered between 72h and 168h after the previous one, and after the VU can access to GNSS time through a valid authenticated position message in accordance with Appendix 12. Nevertheless, the time adjustment shall never be bigger than the accumulated maximal time drift per day, as calculated by the VU manufacturer in accordance with requirement 41b. If the difference between internal VU clock time and GNSS receiver time is bigger than the accumulated maximum time drift per day, then the time adjustment shall bring the VU internal clock as close as possible to the GNSS receiver time. The time setting may only be done if the time provided by the GNSS receiver is obtained using authenticated position messages as set out in Appendix 12. The time reference for the automatic time setting of the VU internal clock shall be the time provided in the authenticated position message.’;
paragraph (212) is replaced by the following:
The time adjustment function shall also allow for triggered adjustment of the current time, in calibration mode.
Workshops may adjust time:
the following points 3.27 and 3.28 are inserted:
Monitoring border crossings
This function shall detect when the vehicle has crossed the border of a country, which country has been left and which country has been entered.
The border crossing detection shall be based on the position measured by the recording equipment, and stored digital map in accordance with point 3.12.19.
Border crossings related to the presence of the vehicle in a country for a shorter period than 120s shall not be recorded.
Software update
The vehicle unit shall incorporate a function for the implementation of software updates whenever such updates do not involve the availability of additional hardware resources beyond the resources set out in requirement 226f, and the type-approval authorities give their authorisation to the software updates based on the existing type-approved vehicle unit, in accordance with Article 12(5) of Regulation (EU) No 165/2014.
The software update function shall be designed for supporting the following functional features, whenever they are legally required:
The vehicle unit shall provide free hardware resources of at least 35% for software and data needed for the implementation of requirement 226e and free hardware resources of at least 65% for the update of the digital map based on the hardware resources required for the NUTS 0 map version 2021.’;
in point 4.1, after paragraph (235), the image ‘Community model tachograph cards’, the reverse side of the control card is replaced by the following:
‘
’;
point 4.5 is amended as follows:
paragraph (246) is replaced by the following:
Any additional data may be stored on tachograph cards, provided that the storage of those data complies with the applicable legislation regarding data protection.’;
in paragraph (247), the following note is inserted after the second indent:
‘Note: version 2 of second generation cards contains additional Elementary Files in DF Tachograph_G2.’;
point 4.5.3.2 is amended as follows:
the header is replaced by the following:
Tachograph generation 2 application (not accessible to first generation vehicle units, accessible to version 1 and version 2 of second generation vehicle units)’;
the following point 4.5.3.2.1.1 is inserted after point 4.5.3.2.1:
Additional application identification (not accessed by version 1 of second generation vehicle units)
The driver card shall be able to store additional application identification data only applicable for version 2.’;
in point 4.5.3.2.7, paragraph (287) is replaced by the following:
The driver card shall be able to store data for the 12 most recent events of each type (i.e. 132 events).’;
in point 4.5.3.2.8, paragraph (290) is replaced by the following:
The driver card shall be able to store data for the 24 most recent faults of each type (i.e. 48 faults).’;
in point 4.5.3.2.9, paragraph (292) is replaced by the following:
The driver card memory shall be able to hold driver activity data for 56 days (the average activity of a driver is defined for this requirement as 117 activity changes per day).’;
in point 4.5.3.2.10, paragraph (295) is replaced by the following:
The driver card shall be able to store 200 such records.’;
in point 4.5.3.2.11, paragraph (297) is replaced by the following:
The driver card memory shall be able to hold 112 such records.’;
in point 4.5.3.2.14, paragraph (302) is replaced by the following:
The driver card shall be able to store 112 such records.’;
in point 4.5.3.2.15, paragraph (304) is replaced by the following:
The driver card shall be able to store 200 such records.’;
in point 4.5.3.2.16, paragraph (306) is replaced by the following:
The driver card shall be able to store 336 such records.’;
the following points 4.5.3.2.17 to 4.5.3.2.22 are added:
Authentication status for positions related to places where daily work periods start and/or end (not accessed by version 1 of second generation vehicle units)
The driver card shall be able to store additional data related to places where daily work periods begin and/or end, entered by the driver in accordance with point 4.5.3.2.11:
The driver card memory shall be able to hold 112 such records.
Authentication status for positions where three hours accumulated driving time are reached (not accessed by version 1 of second generation vehicle units)
The driver card shall be able to store additional data related to the position of the vehicle where the accumulated driving time reaches a multiple of three hours in accordance with point 4.5.3.2.16:
The driver card shall be able to store 336 such records.
Border crossings (not accessed by version 1 of second generation vehicle units)
The driver card shall be able to store the following data related to border crossings either upon card insertion in accordance with requirement 147b or with the card already inserted:
The driver card memory shall be able to store 1120 such records.
Load/unload operations (not accessed by version 1 of second generation vehicle units)
The driver card shall be able to store the following data related to load/unload operations:
The driver card shall be able to store 1624 load/unload operations.
Load type entries (not accessed by version 1 of second generation vehicle units)
The driver card shall be able to store the following data related to load type automatically entered by the VU at each card insertion:
The driver card shall be able to store 336 such records.
VU configurations (not accessed by version 1 of second generation vehicle units)
The driver card shall be able to store the cardholder tachograph specific settings.
The driver card storage capacity for cardholder tachograph specific settings shall be 3072 bytes.’;
point 4.5.4.2 is amended as follows:
the header is replaced by the following:
Tachograph Generation 2 application (not accessible to first generation vehicle units, accessible to version 1 and version 2 of second generation vehicle units)’;
the following point 4.5.4.2.1.1 is inserted after point 4.5.4.2.1:
Additional application identification (not accessed by version 1 of second generation vehicle units)
The workshop card shall be able to store additional application identification data only applicable for version 2.’;
in point 4.5.4.2.6, paragraph (338) is replaced by the following:
The workshop card shall be able to store 255 such records.’;
in point 4.5.4.2.8, paragraph (344) is replaced by the following:
The workshop card shall be able to hold driver activity data for 1 day containing 240 activity changes.’;
in point 4.5.4.2.9, paragraph (346) is replaced by the following:
The workshop card shall be able to store 8 such records.’;
point 4.5.4.2.10 is replaced by the following:
Places and positions where daily work periods start and/or end data
The workshop card shall be able to store places and positions where daily work periods begin and/or end data records in the same manner as a driver card.
The workshop card shall be able to store 4 pairs of such records.’;
in point 4.5.4.2.13, paragraph (352) is replaced by the following:
The workshop card shall be able to store 8 such records.’;
in point 4.5.4.2.14, paragraph (354) is replaced by the following:
The workshop card shall be able to store 24 such records.’;
in point 4.5.4.2.15, paragraph (356) is replaced by the following:
The workshop card shall be able to store 4 such records.’;
the following points 4.5.4.2.16 to 4.5.4.2.22 are added:
Authentication status for positions related to places where daily work periods start and/or end (not accessed by version 1 of second generation vehicle units)
The workshop card shall be able to store additional data related to places where daily work periods start and/or end in the same manner as a driver card.
The workshop card memory shall be able to store 4 pairs of such records.
Authentication status for positions where three hours accumulated driving are reached (not accessed by version 1 of second generation vehicle units)
The workshop card shall be able to store additional data related to the position of the vehicle where the accumulated driving time reaches a multiple of three hours in the same manner as a driver card.
The workshop card shall be able to store 24 such records.
Border crossings (not accessed by version 1 of second generation vehicle units)
The workshop card shall be able to store the border crossings in the same manner as a driver card.
The workshop card memory shall be able to store 4 such records.
Load/unload operations (not accessed by version 1 of second generation vehicle units)
The workshop card shall be able to store the load/unload operations in the same manner as a driver card.
The workshop card shall be able to store 8 load, unload or simultaneous load/unload operations.
Load type entries (not accessed by version 1 of second generation vehicle units)
The workshop card shall be able to store the load type entries in the same manner as a driver card.
The workshop card shall be able to store 4 such records.
Calibration Additional Data (not accessed by version 1 of second generation vehicle units)
The workshop card shall be able to store additional calibration data only applicable for version 2:
The workshop card shall be able to store 255 such records.
VU configurations (not accessed by version 1 of second generation vehicle units)
The workshop card shall be able to store the cardholder tachograph specific settings.
The workshop card storage capacity for cardholder tachograph specific settings shall be 3072 bytes.’;
point 4.5.5 is amended as follows:
in point 4.5.5.1.5 the second indent is replaced by the following:
type of the control (displaying and/or printing and/or VU downloading and/or card downloading),’;
the following point 4.5.5.2.1.1 is inserted after point 4.5.5.2.1:
Additional application identification (not accessed by version 1 of second generation vehicle units)
The control card shall be able to store additional application identification data only applicable for version 2.’;
the following point is inserted after point 4.5.5.2.5:
VU configurations (not accessed by version 1 of second generation vehicle units)
The control card shall be able to store the cardholder tachograph specific settings.
The control card storage capacity for cardholder tachograph specific settings shall be 3072 bytes.’;
point 4.5.6.2 is amended as follows:
the following point is inserted after point 4.5.6.2.1:
Additional application identification (not accessed by version 1 of second generation vehicle units)
The company card shall be able to store additional application identification data only applicable for version 2.’;
the following point 4.5.6.2.6 is added:
VU configurations (not accessed by version 1 of second generation vehicle units)
The company card shall be able to store the cardholder tachograph specific settings.
The company card storage capacity for cardholder tachograph specific settings shall be 3072 bytes.’;
point 5 is amended as follows:
point 5.1 is amended as follows:
paragraph (383) is replaced by the following:
Before its activation, the recording equipment shall neither record nor store data referred to by the requirements 102 to 133 inclusive. Nevertheless, before its activation, the recording equipment may record and store the security breach attempt events in accordance with requirement 117, and the recording equipment faults in accordance with requirement 118.’;
paragraph (392) is replaced by the following:
Installation shall be followed by a calibration. The first calibration may not necessarily include entry of the vehicle registration identification (VRN and Member State), when it is not known by the approved workshop having to undertake this calibration. In these circumstances, it shall be possible, for the vehicle owner, and at this time only, to enter the VRN and the Member State using his company card prior to using the vehicle in scope of Regulation (EC) No 561/2006 (e.g by using commands through an appropriate menu structure of the vehicle unit's man-machine interface). Any update or confirmation of this entry shall only be possible using a workshop card.’;
point 5.2 is amended as follows:
the first subparagraph in paragraph (395) is replaced by the following:
‘After the recording equipment has been checked on installation, an installation plaque, engraved or printed in a permanent way, which is clearly visible and easily accessible shall be affixed onto the recording equipment. In cases where this is not possible, the plaque shall be affixed to the vehicle's ‘B’ pillar so that it is clearly visible. For vehicles that do not have a ‘B’ pillar, the installation plaque should be affixed in the area of the door of the vehicle and be clearly visible in all cases.’;
paragraph (396) is amended as follows:
the tenth indent is replaced by the following:
the serial number of the remote communication facility, if any,’;
the following sixteenth indent is added:
the by-default load type associated to the vehicle.’;
point 6.4 is amended as follows:
paragraph (409) is replaced by the following:
Periodic inspections of the equipment fitted to the vehicles shall take place after any repair of the equipment, or after any alteration of the characteristic coefficient of the vehicle or of the effective circumference of the tyres, or after equipment UTC time is wrong by more than 5 minutes, or when the VRN has changed, and at least once within two years (24 months) of the last inspection.’;
in paragraph (410), the following ninth indent is added:
that the version identifier of the stored digital map is the most recent one.’;
the following paragraph (410a) is inserted:
In case of detection of a manipulation by the competent national authorities, the vehicle may be sent to an authorised workshop for a recalibration of the recording equipment.’;
point 8 is amended as follows:
in point 8.1, paragraphs (429) and (430) are replaced by the following:
Procedures to update in-situ recording equipment software shall be approved by the authority which granted type approval for the recording equipment. Software update must not alter nor delete any driver activity data stored in the recording equipment. Software may be updated only under the responsibility of the equipment manufacturer.
Type approval of software modifications aimed to update a previously type approved recording equipment may not be refused if such modifications only apply to functions not specified in this Annex. Software update of a recording equipment may exclude the introduction of new character sets, if not technically feasible.’;
point 8.4 is amended as follows:
paragraph (443) is replaced by the following:
No interoperability tests shall be carried out by the laboratory, for recording equipment or tachograph cards that have not passed the vulnerability analysis of their security evaluation and a functional evaluation, except in the exceptional circumstances described in requirement 432.’;
paragraph (447) is replaced by the following:
The interoperability certificate shall be issued by the laboratory to the manufacturer only after all required interoperability tests have been successfully passed and after the manufacturer has shown that both a valid functional certificate and a valid security certificate for the product has been granted, except in the exceptional circumstances described in requirement 432.’;
Appendix 1 is amended as follows:
the Table of Content is amended as follows:
the following points 2.11a and 2.11b are inserted:
CardBorderCrossing
CardBorderCrossingRecord’;
the following points 2.24a, 2.24b, 2.24c and 2.24d are inserted:
CardLoadTypeEntries
CardLoadTypeEntryRecord
CardLoadUnloadOperations
CardLoadUnloadRecord’;
the following point 2.26a is inserted:
CardPlaceAuthDailyWorkPeriod’;
the following point 2.48a is inserted:
CompanyCardApplicationIdentificationV2’;
the following point 2.50a is inserted:
ControlCardApplicationIdentificationV2’;
the following point 2.60a is inserted:
DownloadInterfaceVersion’;
the following point 2.61a is inserted:
DriverCardApplicationIdentificationV2’;
the following points 2.79a, 2.79b and 2.79c are inserted:
GNSSAuthAccumulatedDriving
GNSSAuthStatusADRecord
GNSSPlaceAuthRecord’;
point 2.84 is replaced by the following:
Reserved for future use’;
the following point 2.89a is inserted:
LengthOfFollowingData’;
the following point 2.90a is inserted:
LoadType’;
the following point 2.101a is inserted:
NoOfBorderCrossingRecords’;
the following point 2.111a is inserted:
NoOfLoadUnloadRecords’;
the following point 2.112a is inserted:
NoOfLoadTypeEntryRecords’;
the following point 2.114a is inserted:
OperationType’;
the following points 2.116a and 2.116b are inserted:
PlaceAuthRecord
PlaceAuthStatusRecord’;
the following point 2.117a is inserted:
PositionAuthenticationStatus’;
the following point 2.158a is inserted:
TachographCardsGen1Suppression’;
the following point 2.166a is inserted:
VehicleRegistrationIdentificationRecordArray’;
the following point 2.185a is inserted:
VuConfigurationLengthRange’;
the following point 2.192a is inserted:
VuDigitalMapVersion’;
the following points 2.203a and 2.203b are inserted:
VuBorderCrossingRecord
VuBorderCrossingRecordArray’;
the following point 2.204a is inserted:
VuGnssMaximalTimeDifference’;
the following points 2.208a and 2.208b are inserted:
VuLoadUnloadRecord
VuLoadUnloadRecordArray’;
the following point 2.222a is inserted:
VuRtcTime’;
the following points 2.234a, 2.234b and 2.234c are inserted:
WorkshopCardApplicationIdentificationV2
WorkshopCardCalibrationAddData
WorkshopCardCalibrationAddDataRecord’;
in point 2, the text before point 2.1 is replaced by the following:
‘For any of the following data types, the default value for an ‘unknown’ or a ‘not applicable’ content will consist in filling the data element with Hex ‘FF’ bytes, unless otherwise specified.
All data types are used for Generation 1 and Generation 2 applications unless otherwise specified. Data types only used for Generation 2, version 2 applications are indicated.
For card data types used for Generation 1 and Generation 2 applications, the size specified in this Appendix is the one for Generation 2 application. The size for Generation 1 application is supposed to be already known by the reader. The Annex IC requirement numbers related to such data types cover both Generation 1 and Generation 2 applications.
Card data types not defined for Generation 1 cards are not stored in Generation 1 application of Generation 2 cards. In particular:
the following points 2.11a and 2.11b are inserted:
CardBorderCrossings
Generation 2, version 2:
Information, stored in a driver or workshop card, related to the border crossings of the vehicle when the latter has crossed the border of a country (Annex IC requirements 306f and 356f).
borderCrossingPointerNewestRecord is the index of the last updated card border crossing record.
Value assignment is the number corresponding to the numerator of the card border crossing record, beginning with ‘0’ for the first occurrence of the card border crossing record in the structure.
cardBorderCrossingRecords is the set of card border crossing records.
CardBorderCrossingRecord
Generation 2, version 2:
Information, stored in a driver or workshop card, related to the border crossings of the vehicle when the latter has crossed the border of a country (Annex IC requirements 147b, 306e and 356e).
countryLeft is the country which was left by the vehicle, or ‘no information available’ according to Annex IC requirement 147b. ‘Rest of the World’ (NationNumeric code ‘FF’H) shall be used when the vehicle unit is not able to determine the country where the vehicle is located (e.g. the current country is not part of the stored digital maps).
countryEntered is the country into which the vehicle has entered, or the country in which the vehicle is located at card insertion time. ‘Rest of the World’ (NationNumeric code ‘FF’H) shall be used when the vehicle unit is not able to determine the country where the vehicle is located (e.g. the current country is not part of the stored digital maps).
gnssPlaceAuthRecord contains information related to the position of the vehicle, when the vehicle unit has detected that the vehicle has crossed the border of a country, or ‘no information available’ according to requirement 147b of Annex IC, and its authentication status.
vehicleOdometerValue is the odometer value when the vehicle unit has detected that the vehicle has crossed the border of a country, or ‘no information available’ according to requirement 147b of Annex IC.’;
the following points 2.24a, 2.24b, 2.24c and 2.24d are inserted:
CardLoadTypeEntries
Generation 2, version 2:
Information, stored in a driver or workshop card, related to the load type entries when the card is inserted in a vehicle unit (Annex IC requirements 306j and 356j).
loadTypeEntryPointerNewestRecord is the index of the last updated card load type entry record.
Value assignment: number corresponding to the numerator of the card load type entry record, beginning with '0' for the first occurrence of the card load type entry record in the structure.
cardLoadTypeEntryRecords is the set of records containing the date and time of the entry and the load type entered.
CardLoadTypeEntryRecord
Generation 2, version 2:
Information, stored in a driver or workshop card, related to the load type changes entered when the card is inserted in a vehicle unit (Annex IC requirements 306i and 356i).
timeStamp is the date and time when the load type was entered.
loadTypeEntered is the load type entered.
CardLoadUnloadOperations
Generation 2, version 2:
Information, stored in a driver or workshop card, related to load/unload operations of the vehicle (Annex IC requirements 306h and 356h).
loadUnloadPointerNewestRecord is the index of the last updated card load/unload record.
Value assignment: is the number corresponding to the numerator of the card load/unload record, beginning with '0' for the first occurrence of the card load/unload record in the structure.
cardLoadUnloadRecords is the set of records containing the indication of the type of operation performed (load, unload, or simultaneous load and unload), the date and time the load/unload operation has been entered, information about the position of the vehicle, and the vehicle odometer value.
CardLoadUnloadRecord
Generation 2, version 2:
Information, stored in a driver or workshop card, related to load/unload operations of the vehicle (Annex IC requirements 306g and 356g).