Digital tachograph | Cabildo de La Palma

The entry of Spain into the current European Union, on January 1, 1986, involved, among many other things, the direct application of the regulations on driving and rest times that existed in these countries for this purpose.

Dicha normativa estaba compuesta por el Reglamento CEE 3820/85 del Consejo relativo a la armonización de determinadas disposiciones en materia social en el sector de los transportes por carretera y el Reglamento CEE 3821/85 de Consejo relativo al aparato de control en el sector de los transportes por carretera.

Con el paso del tiempo se ha considerado conveniente la introducción de nuevos equipos de control dotados de dispositivos de registro electrónico de la información pertinente y una tarjeta personal de conductor, con el objetivo de garantizar la disponibilidad, la claridad, la facilidad de lectura, la impresión y la fiabilidad de los datos registrados y que permitan establecer un registro indiscutible, por una parte, de las acciones realizadas por el conductor durante los últimos días y, por otra parte, de la actividad del vehículo a lo largo de varios meses. Asimismo, ante la dificultad de interpretación, aplicación, ejecución y control de modo uniforme en todos los Estados miembros se hace necesario un conjunto de normas claras y sencillas que puedan ser comprendidas, interpretadas y aplicadas con mayor facilidad por el sector del transporte por carretera y por las autoridades encargadas de velar por su cumplimiento.

Por ello, se han aprobado y publicado diversas disposiciones que han modificado el Reglamento CEE 3821/85 del Consejo relativo al aparato de control en el sector de los transportes por carretera , estableciendo, entre otras cuestiones, las condiciones de fabricación, ensayo, instalación y control del tacógrafo digital , que es obligatorio desde enero de 2006.

En el mismo sentido, con fecha 11 de abril de 2006 se publicó el Reglamento (CE) 561/2006 DEL PARLAMENTO EUROPEO Y DEL CONSEJO de 15 de marzo de 2006 relativo a la armonización de determinadas disposiciones en materia social en el sector de los transportes por carretera por el que se deroga el Reglamento (CEE) nº 3820/85 del Consejo.

Both Regulations are applicable to all drivers who carry out any type of road transport, whether public or private, of goods or travelers, whether Spanish or foreigners, carry out transport within Spain or through the territory of the Community. In Europe, they have the vehicle loaded or circulate empty, but as long as the vehicle they drive has a PMA greater than 3.5 Tm or in the case of passenger vehicles, they have more than 9 seats including the driver.

The tachograph:

The tachograph is a control device that is installed on board certain road vehicles, to indicate and record in an automatic or semi-automatic way, the data related to the kilometers traveled and the speed of the vehicles, as well as the activity and rest times of its drivers.

Exceptions:

EC Regulation 561/2006 will apply to road transport:

of goods, when the maximum authorized mass of the vehicles, including any trailer or semi-trailer, is greater than 3.5 tonnes,
of passengers in vehicles manufactured or permanently adapted to transport more than nine people, including the driver, and intended for this purpose.

Transports carried out by means of transport are not subject to the scope of application of EC Regulations 561/2006 and 3821/85 (that is, they are not obliged to comply with rest and driving times, or to install the control device or tachograph). :

Vehicles intended to transport passengers on regular services when the journey of the service in question does not exceed 50 kilometers;
vehicles whose maximum authorized speed does not exceed 40 kilometers per hour;
Vehicles acquired or rented without a driver by the armed forces, civil defense, fire departments and the forces responsible for maintaining public order, when the transport is carried out as a consequence of the proper function entrusted to these bodies and under their responsibility;
vehicles, including vehicles used for the non-commercial transport of humanitarian aid, used in emergencies or intended for rescue operations;
special vehicles used for medical purposes;
vehicles specialized in the repair of breakdowns whose radius of action is 100 kilometers around its operation center;
vehicles undergoing road tests for technical improvement, repair or conservation purposes and new or converted vehicles that have not yet been put into circulation;
vehicles or sets of vehicles with a maximum authorized mass not exceeding 7.5 tons used for the non-commercial transport of goods;
commercial vehicles that are considered historical under the legislation of the Member State in which they are circulating and that are used for the non-commercial transport of passengers or goods.

In addition to these exceptions, ROYAL DECREE 640/2007, of May 18, which establishes exceptions to the mandatory nature of the rules on driving and rest times and the use of the tachograph in road transport, in use of the authorization contained in Articles 3.2 of Regulation (EEC) No. 3821/85 and 13.1 of Regulation (EC) No. 561/2006, provides that compliance with the obligations imposed in the aforementioned Regulations in relation to the installation will not be mandatory and use of the tachograph and the driving and rest times of the drivers, during the following transports:

Official transport, defined in article 105 of Law 16/1987, of July 30, on the Regulation of Land Transport.
Transports whose purpose is the collection and delivery of postal items within the framework of the universal postal service by providers of said service, provided that the maximum authorized mass of the vehicle used, including that of trailers and semi-trailers, does not exceed 7.5 tons, the transport takes place entirely within a radius of 50 kilometers around the operating center of the owner or lessee company of the vehicle, and the driving of vehicles does not constitute the main activity of the driver, whose professional category must be the one corresponding to those who are in charge of collecting and distributing postal correspondence.
Transports carried out in vehicles exclusively dedicated to the provision of sewerage services, flood protection, water supply, maintenance of gas and electricity networks, maintenance and upkeep of roads, garbage collection at home, telegraphs and telephones, television broadcasting and radio broadcasting and detection of radio and television receivers and transmitters.
Transports carried out for the elimination of urban waste entirely within a radius of 50 kilometers around the operating center of the owner or lessee company of the vehicle.
Complementary private transport of goods carried out within the framework of their own business activity by agricultural, horticultural, forestry, livestock or fishing companies, which are developed entirely within a radius of 50 kilometers around the company's operating center.
Complementary private transport carried out through the use of agricultural or forestry tractors in the development of an agricultural or forestry activity, provided that they are carried out entirely within a radius of 100 kilometers around the operating center of the company that owns or leases the vehicle.
Transport for the collection of milk in the farms or whose purpose is to carry containers of milk or dairy products intended to feed livestock, provided that they are developed entirely within a radius of 100 kilometers around the operating center of the owner company or lessee of the vehicle.
Transport of live animals between local farms and markets, between local markets and slaughterhouses or between local farms and slaughterhouses, provided that the distance in a straight line between the origin and destination of the transport is not more than 50 kilometers.
Complementary private transport of circus material and fair attractions carried out in specially equipped vehicles.
Transfer of mobile exhibitions installed on board vehicles specially conditioned and equipped for it and whose main purpose is its use for educational purposes when the vehicle is parked.
Transport of funds or valuables in specially conditioned and equipped vehicles.
Transport carried out in the development of courses for learning to drive or obtaining a driving license or certificate of professional aptitude for drivers by using vehicles specially equipped for this, without prejudice to the provisions of Royal Decree 772 / 1997, of May 30, which approves the General Regulations for Drivers and Royal Decree 1295/2003, of October 17, which approves the Regulations governing private schools for drivers.
Freight transport carried out by vehicles powered by electricity or natural or liquefied gas, whose maximum authorized mass, including that of trailers or semi-trailers, does not exceed 7.5 tons, provided that they are fully developed within a radius of 50 kilometers around the center of operation of the owner or lessee company of the vehicle.
Complementary private transport whose object is the transfer of the material, equipment or machinery used by the driver in the exercise of his profession, provided that the maximum authorized mass of the vehicle used, including that of trailers and semi-trailers, is not exceeding 7.5 tons, the transport takes place entirely within a radius of 50 kilometers around the operating center of the company that owns or leases the vehicle and the driving of vehicles does not constitute the main activity of the driver.
Transport carried out by vehicles exclusively dedicated to the provision of services that are carried out entirely in closed areas dedicated to activities other than road transport, such as ports, airports and railway stations.
Transport entirely developed on islands whose surface area does not exceed 1,500 square kilometers, provided that these are not connected to the peninsular territory by any bridge, ford or tunnel whose use is open to motor vehicles.

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