Commission Implementing Regulation (EU) 2016/799Show full title

1. DEFINITIONS U.K.

In this Annex:

(a)

‘activation’ means:

the phase in which the tachograph becomes fully operational and implements all functions, including security functions, through the use of a workshop card;

(b)

‘authentication’ means:

a function intended to establish and verify a claimed identity;

(c)

‘authenticity’ means:

the property that information is coming from a party whose identity can be verified;

(d)

‘built-in test (BIT)’ means:

tests run at request, triggered by the operator or by external equipment;

(e)

‘calendar day’ means:

a day ranging from 00:00 hours to 24:00 hours. All calendar days relate to UTC time (Universal Time Coordinated);

(f)

‘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); 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;

calibrating recording equipment requires the use of a workshop card;

(g)

‘card number’ means:

a 16-alphanumerical character number that uniquely identifies a tachograph card within a Member State. The card number includes a card consecutive index (if applicable), 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;

(h)

‘card consecutive index’ means:

the 14th alphanumerical character of a card number that is used to differentiate the different cards issued to a company, a workshop or a control authority entitled to be issued several tachograph cards. The company, the workshop or the control authority is uniquely identified by the 13 first characters of the card number;

(i)

‘card renewal index’ means:

the 16th alphanumerical character of a card number which is incremented each time a tachograph card is renewed;

(j)

‘card replacement index’ means:

the 15th alpha-numerical character of a card number which is incremented each time a tachograph card is replaced;

(k)

‘characteristic coefficient of the vehicle’ means:

the numerical characteristic giving the value of the output signal emitted by the part of the vehicle linking it with the recording equipment (gearbox output shaft or axle) while the vehicle travels a distance of one kilometre under standard test conditions as defined under requirement 414. The characteristic coefficient is expressed in impulses per kilometre (w = … imp/km);

(l)

‘company card’ means:

a tachograph card issued by the authorities of a Member State to a transport undertaking needing to operate vehicles fitted with a tachograph, which identifies the transport undertaking and allows for the displaying, downloading and printing of the data, stored in the tachograph, which have been locked by that transport undertaking;

(m)

‘constant of the recording equipment’ means:

the numerical characteristic giving the value of the input signal required to show and record a distance travelled of one kilometre; this constant shall be expressed in impulses per kilometre (k = … imp/km);

(n)

‘continuous driving time’ is computed within the recording equipment as(1):

the continuous driving time is computed as the current accumulated driving times of a particular driver, since the end of his last AVAILABILITY or BREAK/REST or UNKNOWN(2) period of 45 minutes or more (this period may have been split according to Regulation (EC) No 561/2006 of the European Parliament and of the Council(3)). The computations involved take into account, as needed, past activities stored on the driver card. When the driver has not inserted his card, the computations involved are based on the data memory recordings related to the current period where no card was inserted and related to the relevant slot;

(o)

‘control card’ means:

a tachograph card issued by the authorities of a Member State to a national competent control authority which identifies the control body and, optionally, the control officer, and which allows access to the data stored in the data memory or in the driver cards and, optionally, in the workshop cards for reading, printing and/or downloading;

It shall also give access to the roadside calibration checking function and to data on the remote early detection communication reader;

(p)

‘cumulative break time’ is computed within the recording equipment as(1):

the cumulative break from driving time is computed as the current accumulated AVAILABILITY or BREAK/REST or UNKNOWN(2) times of 15 minutes or more of a particular driver, since the end of his last AVAILABILITY or BREAK/REST or UNKNOWN(2) period of 45 minutes or more (this period may have been split according to Regulation (EC) No 561/2006).

The computations involved take into account, as needed, past activities stored on the driver card. Unknown periods of negative duration (start of unknown period > end of unknown period) due to time overlaps between two different sets of recording equipment, are not taken into account for the computation.

When the driver has not inserted his card, the computations involved are based on the data memory recordings related to the current period where no card was inserted and related to the relevant slot;

(q)

‘data memory’ means:

an electronic data storage device built into the recording equipment;

(r)

‘digital signature’ means:

data appended to, or a cryptographic transformation of, a block of data that allows the recipient of the block of data to prove the authenticity and integrity of the block of data;

(s)

‘downloading’ means:

the copying, together with the digital signature, of a part, or of a complete set, of data files recorded in the data memory of the vehicle unit or in the memory of a tachograph card, provided that this process does not alter or delete any stored data;

manufacturers of smart tachograph vehicle units and manufacturers of equipment designed and intended to download data files shall take all reasonable steps to ensure that the downloading of such data can be performed with the minimum delay by transport undertakings or drivers;

The downloading of the detailed speed file may not be necessary to establish compliance with Regulation (EC) No 561/2006, but may be used for other purposes such as accident investigation;

(t)

‘driver card’ means:

a tachograph card, issued by the authorities of a Member State to a particular driver, which identifies the driver and allows for the storage of driver activity data;

(u)

‘effective circumference of the wheels’ means:

the average of the distances travelled by each of the wheels moving the vehicle (driving wheels) in the course of one complete rotation. The measurement of these distances shall be made under standard test conditions as defined under requirement 414 and is expressed in the form ‘l = … mm’. Vehicle manufacturers may replace the measurement of these distances by a theoretical calculation which takes into account the distribution of the weight on the axles, vehicle unladen in normal running order(4). The methods for such theoretical calculation are subject to approval by a competent Member State authority and can take place only before tachograph activation;

(v)

‘event’ means:

an abnormal operation detected by the smart tachograph which may result from a fraud attempt;

(w)

‘external GNSS facility’ means

a facility which contains the GNSS receiver when the vehicle unit is not a single unit as well as other components needed to protect the communication of position data to the rest of the vehicle unit;

(x)

‘fault’ means:

abnormal operation detected by the smart tachograph which may come from an equipment malfunction or failure;

(y)

‘GNSS receiver’ means:

an electronic device that receives and digitally processes the signals from one or more Global Navigation Satellite System(s) (GNSS in English) in order to provide position, speed and time information;

(z)

‘installation’ means:

the mounting of a tachograph in a vehicle;

(aa)

‘interoperability’ means:

the capacity of systems and the underlying business processes to exchange data and to share information;

(bb)

‘interface’ means:

a facility between systems which provides the media through which they can connect and interact;

(cc)

‘position’ means:

geographical coordinates of the vehicle at a given time;

(dd)

‘motion sensor’ means:

a part of the tachograph, providing a signal representative of vehicle speed and/or distance travelled;

(ee)

‘non-valid card’ means:

a card detected as faulty, or which initial authentication failed, or whose start of validity date is not yet reached, or whose expiry date has passed;

(ff)

‘open standard’ means:

a standard set out in a standard specification document available freely or at a nominal charge which it is permissible to copy, distribute or use for no fee or for a nominal fee;

(gg)

‘out of scope’ means:

when the use of the recording equipment is not required, according to the provisions of Regulation (EC) No 561/2006;

(hh)

‘over speeding’ means:

exceeding the authorised speed of the vehicle, defined as any period of more than 60 seconds during which the vehicle's measured speed exceeds the limit for setting the speed limitation device laid down in Council Directive 92/6/EEC(5), as last amended;

(ii)

‘periodic inspection’ means:

a set of operations performed to check that the tachograph works properly, that its settings correspond to the vehicle parameters, and that no manipulation devices are attached to the tachograph;

(jj)

‘printer’ means:

component of the recording equipment which provides printouts of stored data;

(kk)

‘remote early detection communication’ means:

communication between the remote early detection communication facility and the remote early detection communication reader during targeted roadside checks with the aim of remotely detecting possible manipulation or misuse of recording equipment;

(ll)

[F1 ‘remote communication facility’ or ‘remote early detection facility’ means:

the equipment of the vehicle unit which is used to perform targeted roadside checks;]

(mm)

‘remote early detection communication reader’ means:

the system used by control officers for targeted roadside checks.

(nn)

‘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. Renewal always implies the certainty that two valid cards do not coexist;

(oo)

‘repair’ means:

any repair of a motion sensor or of a vehicle unit or of a cable that requires the disconnection of its power supply, or its disconnection from other tachograph components, or the opening of the motion sensor or vehicle unit;

(pp)

‘card replacement’ means:

issue of a tachograph card in replacement of an existing card, which has been declared lost, stolen or malfunctioning and has not been returned to the issuing authority. Replacement always implies a risk that two valid cards may coexist;

(qq)

‘security certification’ means:

process to certify, by a common criteria certification body, that the recording equipment (or component) or the tachograph card under investigation fulfils the security requirements defined in the relative protection profiles;

(rr)

‘self test’ means:

tests run cyclically and automatically by the recording equipment to detect faults;

(ss)

‘time measurement’ means:

a permanent digital record of the coordinated universal date and time (UTC);

(tt)

[F1 ‘time adjustment’ means:

an adjustment of current time; this adjustment can be automatic at regular intervals, using the time provided by the GNSS receiver as a reference, or performed in calibration mode;]

(uu)

‘tyre size’ means:

the designation of the dimensions of the tyres (external driving wheels) in accordance with Council Directive 92/23/EEC(6) as last amended;

(vv)

‘vehicle identification’ means:

numbers identifying the vehicle: vehicle registration number (VRN) with indication of the registering Member State and vehicle identification number (VIN)(7);

(ww)

for computing sake in the recording equipment ‘week’ means:

the period between 00:00 hours UTC on Monday and 24:00 UTC on Sunday;

(xx)

‘workshop card’ means:

a tachograph card issued by the authorities of a Member State to designated staff of a tachograph manufacturer, a fitter, a vehicle manufacturer or a workshop, approved by that Member State, which identifies the cardholder and allows for the testing, calibration and activation of tachographs, and/or downloading from them;

(yy)

‘adaptor’ means:

a device, providing a signal permanently representative of vehicle speed and/or distance travelled, other than the one used for the independent movement detection, and which is:

• [F1 installed and used only in M1 and N1 type vehicles (as defined in Annex II to Directive 2007/46/EC of the European Parliament and of the Council(8), as last amended),]

• installed where it is not mechanically possible to install any other type of existing motion sensor which is otherwise compliant with the provisions of this Annex and its Appendixes 1 to 15,

• installed between the vehicle unit and where the speed/distance impulses are generated by integrated sensors or alternative interfaces,

• seen from a vehicle unit, the adaptor behaviour is the same as if a motion sensor, compliant with the provisions of this Annex and its Appendixes 1 to 16, was connected to the vehicle unit;

use of such an adaptor in those vehicles described above shall allow for the installation and correct use of a vehicle unit compliant with all the requirements of this Annex,

for those vehicles, the smart tachograph includes cables, an adaptor, and a vehicle unit;

(zz)

‘data integrity’ means:

the accuracy and consistency of stored data, indicated by an absence of any alteration in data between two updates of a data record. Integrity implies that the data is an exact copy of the original version, e.g. that it has not been corrupted in the process of being written to, and read back from, a tachograph card or a dedicated equipment or during transmission via any communications channel;

(aaa)

‘data privacy’ means:

the overall technical measures taken to ensure the proper implementation of the principles laid down in Directive 95/46/EC of the European Parliament and of the Council(9) as well as of those laid down in Directive 2002/58/EC of the European Parliament and of the Council(10);

(bbb)

‘smart tachograph’ system means:

the recording equipment, tachograph cards and the set of all directly or indirectly interacting equipment during their construction, installation, use, testing and control, such as cards, remote communication reader and any other equipment for data downloading, data analysis, calibration, generating, managing or introducing security elements, etc.;

(ccc)

‘introduction date’:

36 months after the entry into force of the detailed provisions referred to in Article 11 of Regulation (EU) No 165/2014 of the European Parliament and of the Council(11)

This is the date after which vehicles registered for the first time:

• shall be fitted with a tachograph connected to a positioning service based on a satellite navigation system,

• shall be able to communicate data for targeted roadside checks to competent control authorities while the vehicle is in motion,

• and may be equipped with standardised interfaces allowing the data recorded or produced by tachographs to be used in operational mode, by an external device.

(ddd)

‘protection profile’ means:

a document used as part of certification process according Common Criteria, providing implementation independent specification of information assurance security requirements;

(eee)

‘GNSS accuracy’:

in the context of recording the position from a Global Navigation Satellite System (GNSS) with tachographs, means the value of the horizontal dilution of precision (HDOP) calculated as the minimum of the HDOP values collected on the available GNSS systems[F1 ;]

(fff)

[F2 ‘accumulated driving time’ means:

a value representing the total accumulated number of minutes of driving of a particular vehicle.

The accumulated driving time value is a free running count of all minutes regarded as DRIVING by the monitoring of driving activities function of the recording equipment, and is only used for triggering the recording of the vehicle position, every time a multiple of three hours of accumulated driving is reached. The accumulation is started at the recording equipment activation. It is not affected by any other condition, like out of scope or ferry/train crossing.

The accumulated driving time value is not intended to be displayed, printed, or downloaded.]

Textual Amendments

F1 Substituted by Commission Implementing Regulation (EU) 2018/502 of 28 February 2018 amending Implementing Regulation (EU) 2016/799 laying down the requirements for the construction, testing, installation, operation and repair of tachographs and their components (Text with EEA relevance).

F2 Inserted by Commission Implementing Regulation (EU) 2018/502 of 28 February 2018 amending Implementing Regulation (EU) 2016/799 laying down the requirements for the construction, testing, installation, operation and repair of tachographs and their components (Text with EEA relevance).

(1)

This way of computing the continuous driving time and the cumulative break time serves in the recording equipment for computing the continuous driving time warning. It does not prejudge the legal interpretation to be made of these times. Alternative ways of computing the continuous driving time and the cumulative break time may be used to replace these definitions if they have been made obsolete by updates in other relevant legislation.

(2)

UNKNOWN periods correspond to periods where the driver card was not inserted in the recording equipment and for which no manual entry of driver activities was made.

(3)

Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85 (OJ L 102, 11.4.2006, p. 1).

(4)

Commission Regulation (EU) No 1230/2012 of 12 December 2012 implementing Regulation (EC) No 661/2009 of the European Parliament and of the Council with regard to type-approval requirements for masses and dimensions of motor vehicles and their trailers and amending Directive 2007/46/EC of the European Parliament and of the Council (OJ L 353, 21.12.2012, p. 31) as last amended.

(5)

Council Directive 92/6/EEC of 10 February 1992 on the installation and use of speed limitation devices for certain categories of motor vehicles in the Community (OJ L 57, 2.3.1992, p. 27).

(6)

Council Directive 92/23/EEC of 31 March 1992 relating to tyres for motor vehicles and their trailers and to their fitting (OJ L 129, 14.5.1992, p. 95).

(7)

Council Directive 76/114/EEC of 18 December 1975 on the approximation of the laws of the Member States relating to statutory plates and inscriptions for motor vehicles and their trailers, and their location and method of attachment (OJ L 24, 30.1.1976, p. 1).

(8)

[F1 Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (Framework Directive) ( OJ L 263, 9.10.2007, p. 1 ).]

(9)

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281, 23.11.1995, p. 31).

(10)

Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ L 201, 31.7.2002, p. 37).

(11)

Regulation (EU) No 165/2014 of the European Parliament and of the Council of 4 February 2014 on tachographs in road transport, repealing Council Regulation (EEC) No 3821/85 on recording equipment in road transport and amending Regulation (EC) No 561/2006 of the European Parliament and of the Council on the harmonisation of certain social legislation relating to road transport (OJ L 60, 28.2.2014, p. 1).

Textual Amendments

F1 Substituted by Commission Implementing Regulation (EU) 2018/502 of 28 February 2018 amending Implementing Regulation (EU) 2016/799 laying down the requirements for the construction, testing, installation, operation and repair of tachographs and their components (Text with EEA relevance).