Kommisjonens gjennomføringsforordning (EU) 2018/502 av 28. februar 2018 om endring av gjennomføringsforordning (EU) 2016/799 om fastsettelse av krav til utforming, testing, installering, bruk og reparasjon av fartsskrivere og deres komponenter
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
Kommisjonsforordning publisert i EU-tidende 28.3.2018
BAKGRUNN (fra kommisjonsforordningen, engelsk utgave)
(1) Regulation (EU) No 165/2014 has introduced smart tachographs, a second-generation digital tachographs which include a connection to the global navigation satellite system (‘GNSS’) facility, a remote early detection communication facility, and an optional interface with intelligent transport systems.
(2) The technical requirements for the construction, testing, installation, operation and repair of tachographs and their components are set out in Regulation (EU) 2016/799 .
(3) In accordance with Articles 8, 9 and 10 of Regulation (EU) No 165/2014, tachographs installed for the first time on or after 15 June 2019 must be smart tachographs. Regulation (EU) 2016/799 must therefore be amended so that the technical provisions laid down therein apply from that date.
(4) In order to comply with Article 8 of Regulation (EU) No 165/2014, which establishes that the position of the vehicle must be recorded every three hours of accumulated driving time, Regulation (EU) 2016/799 should be amended to enable information on the position of the vehicle to be stored with a 3-hour frequency, using a metric that cannot be reset, and to avoid confusion with "continuous driving time", which is a metric with a different function.
(5) The vehicle unit may be a single unit or several units distributed in the vehicle. The GNSS and the Dedicated Short Range Communication ('DSRC') facilities could therefore be internal or external to the vehicle unit main body. When they are external, it should be possible that both facilities and the main body of the vehicle unit can be type-approved as components, in order to adapt the smart tachograph type-approval process to the needs of the market.
(6) The rules on the storage of time conflict events and time adjustments must be modified, in order to distinguish between the automatic time adjustments that are triggered following a possible tampering attempt or malfunctioning of the tachograph, and the time adjustments that are due to other reasons such as maintenance.
(7) The data identifiers should be able to distinguish between data downloaded from a smart tachograph and data downloaded from a tachograph of a previous generation.
(8) The validity period of the company card must be extended from two to five years, in order to align it with the validity period of the driver card.
(9) The description of certain faults and events, the validation of the entries of places where daily work period begins and/or end, the use of the driver consent for Intelligent Transport System ('ITS') interface regarding data transmitted by the vehicle unit through the vehicle network and other technical issues should be better defined.
(10) In order to ensure that the certification of tachograph seals is up to date, they need to be adjusted to the new standard on the security of the mechanical seals used on tachographs.
(11) This Regulation concerns the construction, test, installation and operation of systems which are also comprised of radio equipment regulated by Directive 2014/53/EU of the European Parliament and of the Council . This Directive regulates the placement on the market and putting into service of electronic and electrical equipment using radio waves for communication and/or radiodetermination at a horizontal level, with particular respect to electrical safety, compatibility with other systems, access to radio spectrum, access to emergency services and/or any additional delegated provisions. In order to guarantee the efficient use of radio spectrum, to prevent harmful radio interferences, to ensure the safety and the electromagnetic compatibility of the radio equipment and to allow any other specific delegated requirements, this Regulation should be without prejudice to that Directive.
(12) Regulation (EU) 2016/799 should therefore be amended.
(13) The measures provided for in this Regulation are in accordance with the opinion of the Committee referred to in Article 42(3) of Regulation (EU) No 165/2014 -
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