- Latest available (Revised)
- Original (As adopted by EU)
Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport
After exit day there will be three versions of this legislation to consult for different purposes. The legislation.gov.uk version is the version that applies in the UK. The EU Version currently on EUR-lex is the version that currently applies in the EU i.e you may need this if you operate a business in the EU.
The web archive version is the official version of this legislation item as it stood on exit day before being published to legislation.gov.uk and any subsequent UK changes and effects applied. The web archive also captured associated case law and other language formats from EUR-Lex.
There are currently no known outstanding effects for the Council Regulation (EEC) No 3821/85, Division 12. .
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
For the purpose of this paragraph,
‘ 365 days ’ is defined as 365 calendar days of average drivers activity in a vehicle. The average activity per day in a vehicle is defined as at least six drivers or co-drivers, six card insertion withdrawal cycles, and 256 activity changes. ‘ 365 days ’ therefore include at least 2 190 (co-)drivers, 2 190 card insertion withdrawal cycles, and 93 440 activity changes,
times are recorded with a resolution of one minute, unless otherwise specified,
odometer values are recorded with a resolution of one kilometre,
speeds are recorded with a resolution of 1 km/h.
[073] Data stored into the data memory shall not be affected by an external power supply cut-off of less than twelve months in type approval conditions.
[074] The recording equipment shall be able to record and store implicitly or explicitly in its data memory the following:
[075] The recording equipment shall be able to store in its data memory the following vehicle unit identification data:
name of the manufacturer,
address of the manufacturer,
part number,
serial number,
software version number,
software version installation date,
year of equipment manufacture,
approval number.
[076] Vehicle unit identification data are recorded and stored once and for all by the vehicle unit manufacturer, except the software-related data and the approval number which may be changed in case of software upgrade.
[077] The motion sensor shall be able to store in its memory the following identification data:
name of the manufacturer,
part number,
serial number,
approval number,
embedded security component identifier (e.g. internal chip/processor part number),
operating system identifier (e.g. software version number).
[078] Motion sensor identification data are recorded and stored once and for all in the motion sensor, by the motion sensor manufacturer.
[079] The vehicle unit shall be able to record and store in its data memory the following currently paired motion sensor identification data:
serial number,
approval number,
first pairing date.
[080] The recording equipment shall be able to store the following security elements:
European public key,
Member State certificate,
equipment certificate,
equipment private key.
Recording equipment security elements are inserted in the equipment by the vehicle unit manufacturer.
[081] For each insertion and withdrawal cycle of a driver or workshop card in the equipment, the recording equipment shall record and store in its data memory:
the card holder's surname and first name(s) as stored in the card,
the card's number, issuing Member State and expiry date as stored in the card,
the insertion date and time,
the vehicle odometer value at card insertion,
the slot in which the card is inserted,
the withdrawal date and time,
the vehicle odometer value at card withdrawal,
the following information about the previous vehicle used by the driver, as stored in the card:
VRN and registering Member State,
card withdrawal date and time,
a flag indicating whether, at card insertion, the card holder has manually entered activities or not.
[082] The data memory shall be able to hold these data for at least 365 days.
[083] When storage capacity is exhausted, new data shall replace oldest data.
[084] The recording equipment shall record and store in its data memory whenever there is a change of activity for the driver and/or the co-driver, and/or whenever there is a change of driving status, and/or whenever there is an insertion or withdrawal of a driver or workshop card:
the driving status (CREW, SINGLE),
the slot (DRIVER, CO-DRIVER),
the card status in the relevant slot (INSERTED, NOT INSERTED) (see Note),
the activity (DRIVING, AVAILABILITY, WORK, BREAK/REST),
the date and time of the change.
Note: INSERTED means that a valid driver or workshop card is inserted in the slot. NOT INSERTED means the opposite, i.e. no valid driver or workshop card is inserted in the slot (e.g. a company card is inserted or no card is inserted). U.K.
Note: Activity data manually entered by a driver are not recorded in the data memory. U.K.
[085] The data memory shall be able to hold driver activity data for at least 365 days.
[086] When storage capacity is exhausted, new data shall replace oldest data.
[087] The recording equipment shall record and store in its data memory whenever a (co-)driver enters the place where a daily work period begins and/or ends:
if applicable, the (co-)driver card number and card issuing Member State,
the date and time of the entry (or the date/time related to the entry when the entry is made during the manual entry procedure),
the type of entry (begin or end, condition of entry),
the country and region entered,
the vehicle odometer value.
[088] The data memory shall be able to hold daily work periods start and/or end data for at least 365 days (with the assumption that one driver enters two records per day).
[089] When storage capacity is exhausted, new data shall replace oldest data.
[090] The recording equipment shall record in its data memory the vehicle odometer value and the corresponding date at midnight every calendar day.
[091] The data memory shall be able to store midnight odometer values for at least 365 calendar days.
[092] When storage capacity is exhausted, new data shall replace oldest data.
[093] The recording equipment shall record and store in its data memory the instantaneous speed of the vehicle and the corresponding date and time at every second of at least the last 24 hours that the vehicle has been moving.
For the purpose of this subparagraph, time shall be recorded with a resolution of one second.
[094] The recording equipment shall record and store in its data memory the following data for each event detected according to the following storage rules:
a [095] The recording equipment shall also record and store in its data memory:
| ||
b These data may be recorded at power supply reconnection only, times may be known with an accuracy to the minute. | ||
Event | Storage rules | Data to be recorded per event |
---|---|---|
Card conflict |
|
|
Driving without an appropriate card |
|
|
Card insertion while driving |
|
|
Last card session not correctly closed |
|
|
Over speeding a |
|
|
Power supply interruption b |
|
|
Motion data error |
|
|
[F3Vehicle Motion Conflict |
|
|
Security breach attempt |
|
|
Textual Amendments
For the purpose of this subparagraph, time shall be recorded with a resolution of one second.
[096] The recording equipment shall attempt to record and store in its data memory the following data for each fault detected according to the following storage rules:
Fault | Storage rules | Data to be recorded per fault |
---|---|---|
Card fault |
|
|
Recording equipment faults |
|
|
[097] The recording equipment shall record and store in its data memory data relevant to:
known calibration parameters at the moment of activation,
its very first calibration following its activation,
its first calibration in the current vehicle (as identified by its VIN),
the five most recent calibrations (If several calibrations happen within one calendar day, only the last one of the day shall be stored).
[098] The following data shall be recorded for each of these calibrations:
purpose of calibration (activation, first installation, installation, periodic inspection),
workshop name and address,
workshop card number, card issuing Member State and card expiry date,
vehicle identification,
parameters updated or confirmed: w, k, l, tyre size, speed limiting device setting, odometer (old and new values), date and time (old and new values).
[099] The motion sensor shall record and store in its memory the following motion sensor installation data:
first pairing with a VU (date, time, VU approval number, VU serial number),
last pairing with a VU (date, time, VU approval number, VU serial number).
[100] The recording equipment shall record and store in its data memory data relevant to:
the most recent time adjustment,
the five largest time adjustments, since last calibration,
performed in calibration mode outside the frame of a regular calibration (definition (f)).
[101] The following data shall be recorded for each of these time adjustments:
date and time, old value,
date and time, new value,
workshop name and address,
workshop card number, card issuing Member State and card expiry date.
[102] The recording equipment shall record and store in its data memory the following data relevant to the 20 most recent control activities:
date and time of the control,
control card number and card issuing Member State,
type of the control (displaying and/or printing and/or VU downloading and/or card downloading).
[103] In case of downloading, the dates of the oldest and of the most recent days downloaded shall also be recorded.
[104] [F4The recording equipment shall record and store in its data memory the following data relevant to the 255 most recent company locks:
Textual Amendments
lock-in date and time,
lock-out date and time,
Company Card number and card issuing Member States,
Company name and address.
Data previously locked by a lock removed from memory due to the limit above, shall be treated as not locked.]
[105] The recording equipment shall record and store in its data memory the following data relevant to the last data memory downloading to external media while in company or in calibration mode:
date and time of downloading,
company or workshop card number and card issuing Member State,
company or workshop name.
[105a] The recording equipment shall record in its data memory the following data relevant to specific conditions:
date and time of the entry,
type of specific condition.
[105b] The data memory shall be able to hold specific conditions data for at least 365 days (with the assumption that on average, one condition is opened and closed per day). When storage capacity is exhausted, new data shall replace oldest data.] ]
The Whole Regulation you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As adopted by EU): The original version of the legislation as it stood when it was first adopted in the EU. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different versions taken from EUR-Lex before exit day and during the implementation period as well as any subsequent versions created after the implementation period as a result of changes made by UK legislation.
The dates for the EU versions are taken from the document dates on EUR-Lex and may not always coincide with when the changes came into force for the document.
For any versions created after the implementation period as a result of changes made by UK legislation the date will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. For further information see our guide to revised legislation on Understanding Legislation.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: