Three new questions about Regulation 165/2014 with a view to its compliance with 561/2006. They complete the fourteen questions in our “Trace 2 – Following” file.
Reader 2: activity recording
When driving as a crew, the 45-minute break in a barred square is permitted when the 2nd driver is not responsible for assisting the driver at the wheel.
However, the tachograph does not accept the “Other task” position on reader no. 2 when driving. Driver assistance and training supervision cannot be properly recorded. Trainers and tutors cannot declare their activity.
Tachograph settings
1C tachographs still offer the option of a setting which is now not compliant with Regulation 561/2006: Recording of standby times of 15 minutes or more as driving breaks.
Manual entry in ‘?
An alternative to entry refusal
Tachographs have the ‘?’ as a position for manual entries. Its use does not appear in the TRACE and TRACE 2 documents and has not, to my knowledge, given rise to any note from the Commission.
Yet this ‘?’ entry is a judicious alternative to the refusal of manual entry. The ‘NO to manual entry’ does not limit the unknown activity to the period in question.
Examples of ‘?
Driving a vehicle with a disc. A driver who starts his day with a disc vehicle by saying NO to manual entry cannot record his rest period. The entire period between ejection and insertion of the card will appear on his card as unknown activity. What's more, it cannot record the activity period.
However, by saying YES to manual entry, he can record his rest period and then his driving period with ‘? He will be able to justify the latter during an inspection by presenting the disc.
Training week
Itis impossible to require drivers returning from a week's training to record each day with breaks. Refusing to do so would result in 9 days of unknown activity.
The driver has the option of recording his two weekly rest periods and declaring his only training period as ‘? He can justify this training period during a roadside check by means of the training certificate countersigned by his employer.
Consistency
For occasional or part-time drivers, manual entry in ‘?’ provides a solution that complies with the spirit of Decision 2009/959/EU.
""Tachograph records are the primary source of information for roadside checks. The absence of tachograph records should only be justified by objective reasons that prevented the recording of data, including manual recording. In this case, proof of these reasons should be provided."
Manual entry in ‘?’ is consistent with the Summary note, Clarification note no. 7 and Guidance note no. 5. It favours digital data management. It appears on guideduchrono.com at Chrono et activité inconnue.
For occasional or part-time drivers, partial data entry in ‘?’ provides a solution that complies with the spirit of Decision 2009/959/EU.
Translated with DeepL.com (free version)