When are exceptions to the tachograph requirement permitted?

The tachograph obligation is an essential regulation in many countries to monitor the working hours of truck drivers and thus increase safety on the roads. In Germany, this obligation is regulated by the “European Agreement concerning the work of crews of vehicles engaged in international road transport” (AETR) and by “Regulation (EC) No. 561/2006 of the European Parliament and of the Council”. However, there are certain exemptions from this obligation that can be used under certain conditions. In this blog post, we will look at the exemptions from the tachograph obligation and explain when and how they can be applied.

What is a tachograph?

A tachograph, also known as a tachograph, is a device that is installed in trucks and other vehicles to record drivers’ driving times and rest periods. These records are important to ensure that the legally prescribed working time regulations are complied with. The tachograph not only records the speed and distance driven, but also the driver’s working and rest times. This is not only for the driver’s safety, but also for general road safety.

General regulations on the tachograph obligation

The basic regulation on the use of tachographs is laid down in Article 3 of Regulation (EC) No. 561/2006. According to this, all drivers of commercial vehicles weighing more than 3.5 tons are obliged to use a tachograph. This regulation applies to both national and international transportation. However, exceptions to this obligation are possible, which we explain in more detail below.

1. vehicles under 3.5 tons

One of the best-known exceptions to the tachograph requirement concerns vehicles weighing less than 3.5 tons. Trucks that do not exceed this weight class do not require a tachograph. However, this regulation only applies to vehicles used in commercial traffic. This regulation does not apply to vehicles used for personal use. It is important to note that in practice, many vans and delivery vans benefit from this regulation, as they are often used for the transportation of goods in domestic traffic.

2. vehicles in international traffic under 6 hours

Another exception concerns vehicles that are used in international traffic but make a journey of less than 6 hours. In this case, the driver does not have to use a tachograph, as it is assumed that the journey time is relatively short and the risk of exceeding the permitted working hours is low. This exception is intended to reduce the administrative burden for companies and drivers operating across borders.

3. agricultural vehicles and special vehicles

Another exception to the tachograph requirement applies to vehicles used for agricultural purposes or for use on construction sites. Farmers and contractors who work with tractors or other vehicles used in agriculture or on construction sites do not have to use a tachograph as long as these vehicles are not used for the commercial transportation of goods. The same applies to vehicles used exclusively for special transportation, such as the delivery of special materials or equipment.

4. vehicles of small companies with limited transport volumes

An exemption also applies to companies that only have a limited transport volume. These are companies that only occasionally use trucks or vans, for example, and whose drivers do not make regular international or long-term journeys. If the company can prove that the transport volume is minimal and that the legal requirements for working hours are met even without a tachograph, the use of a tachograph can be waived in certain cases.

5. vehicles with low commercial use

There is also an exemption from the tachograph requirement for vehicles that are only rarely used for commercial purposes. This applies, for example, to vehicles that are only used to transport goods within a certain radius. These are vehicles that do not undertake long journeys and whose driving times are generally less than the maximum permitted daily working hours.

6. vehicle combinations under 7.5 tons

In some countries, there is an exception for vehicle combinations weighing less than 7.5 tons. Under certain conditions, these vehicles do not require a tachograph if the combination of truck and trailer does not exceed the permissible total weight of 7.5 tons. This regulation is intended to relieve the burden on smaller companies in particular, which regularly travel with trailers but do not have to meet the requirements for larger trucks.

7. vehicles used exclusively for passenger transport

Another exception concerns vehicles that are used exclusively for passenger transportation. These are buses and other vehicles used for the transportation of passengers. Special regulations governing drivers’ working hours apply to these vehicles, but a tachograph is not usually required. Instead, compliance with working time regulations is checked in other ways.

8. vehicles in international traffic for less than 100 kilometers

Another exception concerns vehicles that are used in international traffic but only cover a distance of less than 100 kilometers. In this case, the driver does not have to use a tachograph, as these journeys are considered relatively unproblematic in terms of working time regulations. This exception applies in particular to vehicles that operate across borders and only cover short distances to neighboring countries.

Conclusion

The exemptions from the tachograph requirement offer a number of simplifications for companies and drivers, who can be exempted from the comprehensive recording of driving times and rest periods in certain situations. These regulations serve to reduce the administrative burden and support companies operating in certain areas. Nevertheless, it is important that companies and drivers are always fully aware of the applicable regulations and ensure that they comply with them. Violations of the tachograph obligation can have serious legal consequences.