The Drivers’ Hours and Tachographs (Amendment) Regulations 2023

Amendment of Regulation (EU) No 165/2014

2.—(1) Regulation (EU) No 165/2014 of the European Parliament and of the Council of 4 February 2014 on tachographs in road transport is amended as follows.

(2) In Article 2(2) (definitions), in point (z4), for point (iv) substitute—

“(iv) the standards in Annex IC to Commission Implementing Regulation (EU) 2016/799 of 18 March 2016 implementing Regulation (EU) No 165/2014 of the European Parliament and of the Council laying down the requirements for the construction, testing, installation, operation and repair of smart tachographs and their components(1), as it has effect in EU law, as modified by the Schedule to the Drivers’ Hours and Tachographs (Amendment) Regulations 2023(2).”.

(3) In Article 3 (scope)—

(a) after paragraph (1), insert—

“1za Other than in the case of vehicles equipped with a smart tachograph 2, a smart tachograph 1 must be installed and used in vehicles registered for the first time on or before 20th February 2024.”;

(b) in paragraph (1a), for “21st August 2023” substitute “21st February 2024”;

(c) in paragraph (1b)—

(i) in the words before point (a), omit “other”;

(ii) before point (a) insert—

“(za) on or after 21st August 2023, in the case of vehicles registered for the first time on or after that date;”.

(4) In Article 8 (recording of the position of the vehicle at certain points during the daily working period), in paragraph (1)—

(a) in the third subparagraph, for “31st December 2024” substitute “21st August 2023”;

(b) in the last subparagraph, for the words from “apply to vehicles” to the end substitute—

“apply—

(a) to vehicles registered for the first time on or after 21st August 2023, but only when operating on the territory of a party to the Trade and Cooperation Agreement between the United Kingdom of Great Britain and Northern Ireland, of the one part, and the European Union and the European Atomic Energy Community, of the other part entered into on 30th December 2020(3), other than the territory where they are registered;

(b) to vehicles registered for the first time on or after 21st February 2024,

without limiting the obligation to retrofit certain vehicles later in accordance with Article 3(1b)”.

(5) In Article 9 (remote early detection of possible manipulation or misuse), in paragraph (1), for “31st December 2024” substitute “21st August 2023”.

(6) In Article 10 (interface with Intelligent Transport Systems)—

(a) in the words before point (a), for “31st December 2024” substitute “21st August 2023”;

(b) for point (b) substitute—

“(b) the interface complies with the standards referred to in Article 2(2)(z4)(iv);”;

(c) omit the last sentence.

(1)

OJ L 139, 26.05.2016, p. 1; relevant amending instruments are OJ L 85, 28.03.2018, p. 1, OJ L 34, 06.02.2020, p. 20, OJ L 273, 30.07.2021, p. 1 and OJ L 134, 22.5.2023, p. 28–35.

(2)

S.I. 2023/739.

(3)

CP 426. The Trade and Cooperation Agreement between the United Kingdom of Great Britain and Northern Ireland, of the one part, and the European Union and the European Atomic Energy Community, of the other part, done at Brussels and London on 30 December 2020, published on 30 April 2021, TS No.8/2021, ISBN 978-1-5286-2546-3, available at (https://www.gov.uk/government/publications/ukeu-and-eaec-trade-and-cooperation-agreement-ts-no82021). A copy of this document can be inspected (on reasonable notice) free of charge by contacting the Treaty Enquiries Service: 44 (0)20 7008 1109.