Driver card

Sample of a German driver card

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A driver card is a personal proof of driving and work data of drivers in commercial passenger and goods traffic with a digital tachograph provided with a memory chip . With the corresponding amendment to Regulation (EEC) No. 3821/85 by Regulation (EC) 561/2006 and due to the implementation in Germany by the Driving Personnel Ordinance , additional digital activity records, including driving and rest times, must be carried with you since May 1, 2006 .

General

Motor vehicles or trailers with a gross vehicle weight of more than 3.5 tons that transport people or goods in public road traffic must be equipped with a digital recording device (distance-time recorder or tachograph ) according to Regulation (EEC) No. 3821/85 be. Certain vehicles are exempt from this. Vehicles or combinations with a gross vehicle weight of less than 3.5 t but more than 2.8 t can also be equipped with the digital control device. The control device contains two card slots into which the driver and, if necessary, a passenger, must insert his driver card.

Every driver who commercially drives a motor vehicle with a digital control device must use a personal driver card on which a memory chip is present that contains the driver's identity data. To apply, proof of identity ( ID card or passport ), a photo, proof of residence and the EU driving license must be presented. A current passport photo (35 × 45 mm) is required which shows the applicant in a half profile against a light background without headgear. The authorities now often require a biometric picture. The driver card is valid for a maximum of five years. The card may only be used in conjunction with a valid, appropriate driving license. Renewal can be requested from the responsible office no earlier than six months and no later than 15 working days before the expiry date.

The driver card saves the data for at least 28 days. In practice, it is not uncommon to find activities on the driver card lasting several months or, if there is little driving, several years. When the max. Storage capacity, the oldest data are overwritten. In the digital control device , which drivers also call digitacho, black box or data memory for short, the actual movements of the vehicle or the speeds of the journeys in the last 24 hours are stored to the second. These data can be read out by a control officer using a terminal with a transmission cable or a card reader . Speed values are not saved on the driver card, but only in the tachograph itself.

Duty for the driver

The driver must carry his personal driver card with him while driving, whereby the driver card must not be dirty or damaged. He must operate the switching device of the control device in such a way that driving times, times with "other work", standby times as well as work interruptions and daily, driving and rest times are recorded separately and distinguishably. Furthermore, the driver must be able to present the data for the current day and the previous 28 days to a control officer on request. If the required data is not included on the printout, it must be noted in handwriting on the printout.

It must be ensured that the driver can be identified at any time . The printouts must then be signed with the complete information. The driver's card or printouts must be handed over to the company for storage and to the employer for copying at the latest every 28 days, starting with the first day of recording.

At least 28 days after the expiry of the validity of a driver card, it must still be carried for inspection.

The driver has to provide the company with the driver card for the storage of the data in the company § 2 Abs. 5 FPersV .

Duty for the entrepreneur

Company card

The entrepreneur is responsible for ensuring that the recording equipment and the driver card work properly and are used properly. In the event of a control, the entrepreneur must ensure that the printout from the digital recording device can be carried out properly. The entrepreneur has access to the recording device via his company card .

All data from the recording equipment memory must be copied at least every 90 days and the data from the driver card at the latest every 28 days after an event has been recorded for storage in the company. In addition, the entrepreneur must make a backup copy on a second data carrier that is independent of the first. These copied data must be archived for a year ( Section 4, Paragraph 3, Sentence 6 of the Driving Personnel Act). After the retention period expires, the documents must be destroyed by March 31 of the following calendar year.

In Austria, on the basis of the judgment of the Supreme Court 9 ObA 92 / 06d-5, the entrepreneur is obliged to reimburse the employee for the costs of the driver card. In Germany, however, the Federal Labor Court ruled that the employee has no claim against the employer for reimbursement of the costs of issuing the driver card.

saved data

Data on the digital driver card

The most important data are stored on the driver card or in the memory chip of the control card and can be seen during a control. The driver, who according to the Working Hours Act has to carry a driver card to record the driving and rest times, is obliged to hand this card over to the inspecting officer.

Data stored on the driver card:

Surname
First name
Date of birth
Date of issue, valid from / to
Name of the issuing authority
Driver's license number
Card number / cardholder identification
Photograph
signature

Data in the digital EC recording device

The storage in the digital EC control device takes place automatically or electronically on the chip. Data can also be entered manually into the digital EC control device, such as the symbol of the country at the beginning and at the end of the working day, as well as all other working hours. An acoustic warning is given 15 minutes before a driving period of 4½ hours ends.

Digital tachograph with print option and inserted driver card

Data stored in the recording equipment:

Manufacturer data of the control device and the sensor
the vehicle identification number and the vehicle registration number
Security elements and events
Malfunction of the driver card and the digital control device
Identity of the driver
Working, driving and rest times as well as driving time breaks
Mileage or distance
Activation and workshop data
Control activities
Data for the last 365 days and the speed for the last actually driven 24 hours in seconds

Control card

The authorities and bodies responsible for the control of social regulations in road traffic are entitled to control driving and rest times. For this purpose, you have the right to have unlimited access to the data stored in the digital recording device. This access is guaranteed by a control card that identifies the control authority and enables the reading, printing and / or downloading of the data stored in the mass memory or on driver cards. Control cards are issued to the police , the trade supervisory and occupational health and safety authorities, customs and the Federal Office for Goods Transport .

During a check, the officer responsible can read out the following data:

Nationality symbol of the issuing state
Validity period (from – to) and the date of issue
Name, date of birth and driver's license number
Data relating to the vehicle (operating times, date, license plate number, mileage)
Driving and rest times including interruptions and whether the driver drove alone or with two drivers
Events, errors and previous controls

The following can also be seen in the event of a download or the checked driver card:

Name and address of the inspection body,
Control activities as date, time and type,
downloaded period,
registration number of the truck.

Workshop card

The maintenance of the digital control device may only be carried out by recognized workshops. Workshop cards are issued for qualified workshop personnel for the necessary testing and repair as well as calibration of the control device or for downloading the data and for data backup .

The workshop cards are owned by the workshop. Proof of training from the responsible specialist for whom the workshop card is requested is required for their issue. The workshop card identifies the card holder and is provided with the data of the recognized specialist and the workshop. Each person may only hold one workshop card.

Theft, loss or defect

The driver card must never be left lying anywhere and must not be left unattended in the vehicle. In principle, the driver card may not be loaned to any other driver. In the event of loss or theft, as well as damage or malfunction of the driver card, the details of the truck must be printed out at the beginning of the journey; the name, number of the driver card or driver's license must be entered and signed on this printout. The competent authority must be reported immediately if a driver card is lost; A new one must be requested within 7 days.

If the driver card is defective, it must be returned to the department processing the application. The journey without a driver card may then be continued for a maximum of 15 calendar days. In the case of a longer period of time, if this is necessary for the return of the vehicle to the company location, it must be proven that it was impossible to present or use the driver card during this period.

In the event of a malfunction or malfunction of the recording equipment, the information about the time groups, together with personal details (name, driver's license or driver card number) must be noted and signed on the record sheet or an extra sheet. If the control device malfunctions, the contractor must have the repairs carried out by an approved specialist or an approved workshop.

EU certificate for days without consideration in accordance with Regulation (EC) No. 561/2006

Anyone who transports goods or people on a commercial basis must be able to provide evidence of their activities for every day of the year.

If there are no records of the driving and rest times for a day, i.e. the period between midnight and midnight, the driver must provide evidence of why he cannot submit any records or why he did not drive is. Overlapping of driving and rest time records and certificates for non-considered days should be strictly avoided. Since the end of 2009, only the form issued by the European Commission for drivers may be used to provide evidence of vacation, sick days and other days not taken into account.

The following reasons can be considered: The driver

was on sick leave
or he was on vacation
or he did not drive a vehicle that has to be recorded and / or did not drive a vehicle for other reasons because he was otherwise employed by the company.

Control devices in vans

If a vehicle is equipped with a DTCO in accordance with Annex I (analog recording device with paper record sheets) or IB (digital recording device) of Regulation (EEC) No. 3821/85, drivers must use these recording devices. This also applies if the device was installed by the vehicle owner or manufacturer voluntarily - i.e. without a corresponding legal obligation. The otherwise required handwritten records, for example in the form of the so-called daily check sheet or driver's log, may not be used in this case.

In the past, the driver had the freedom to choose which type of recording he preferred according to Section 6 (7) FPersV, old version.

According to the FPersV, drivers have:

of vehicles used for the transport of goods and whose gross vehicle weight, including trailers or semi-trailers, is more than 2.8 tons and not more than 3.5 tons, and
of vehicles that are subject to the possibility of transporting more than nine people.
Driving times, driving time interruptions and rest times in the range 2.8 to 3.5 t GVW according to the FPersV and over 3.5 t GVW according to Regulation (EC) No. 561/2006 must be observed.

Note: When using a trailer, the permissible total weights of the towing vehicle and the trailer are added together according to the information in the vehicle documents.

Driving time, driving time interruption, rest time

Driving time

Driving times are those times that are actually spent driving. The driving time also includes the temporary standing of the vehicle if this is generally considered to be part of the driving process. The time for a traffic-related stay at traffic lights, at railroad barriers, at crossings, in traffic jams or at the limit of the driving time is to be added. On the other hand, driving breaks, even of less than 15 minutes, are not part of driving time if they take place for reasons other than those mentioned and the driver can leave his seat at the steering wheel.

Driving time breaks

Interruptions in driving time must take place within the prescribed 4.5 hours of driving time or immediately afterwards. The driver may not carry out any other work (e.g. loading or unloading, maintenance and repair work) during a break in driving. On the other hand, waiting times count as breaks in the driving time, provided that, according to the general view of the traffic, they cannot be attributed to the driving process. For example, waiting times for border clearance or when loading or unloading the vehicle can be expected. The same applies to the times in the passenger seat or in the sleeping cabin in the moving vehicle as well as on ferry and train journeys.

After each interruption of a total of 45 minutes (continuous or in parts), a new driving time segment of 4.5 hours relevant to the interruption begins. This means that even after a driving time of only 2 hours, for example, with a subsequent 45-minute break, a new driving time segment of 4.5 hours begins. However, breaks in driving time may not be added to the daily rest period.

Daily rest

Daily rest time is the daily period in which a driver can freely dispose of his time and which includes a regular daily rest period and a reduced daily rest period. The regular daily rest period is a break of at least 11 hours. This regular daily rest period can also be taken in two parts, with the first part comprising an uninterrupted period of at least 3 hours and the second part an uninterrupted period of at least 9 hours. The reduced daily rest time is a break of at least 9 hours but less than 11 hours.

Times of work or readiness for work as well as the time in the cabin spent in the moving vehicle are not idle times. The daily rest time can, however, be spent in the vehicle, provided it is equipped with a sleeping cabin and is not moving.

The driver must take a daily rest period within a 24-hour period that does not have to be identical to a calendar day.

A special feature applies to drivers of a vehicle that is transported in combined traffic with a ferry or the train. His daily rest period may be interrupted once if the following conditions are met: Part of the daily rest period must be spent on the railroad / ship, the other part on land. The period between the two parts of a daily rest period must be as short as possible and must not exceed one hour before loading the vehicle or after leaving the vehicle from the ferry or the train. The process of loading or leaving also includes customs formalities. The driver must be provided with a bed or a sleeping cabin during both parts of the daily rest period.

Weekly rest

Weekly rest is the weekly period in which a driver is free to dispose of his time and which includes a regular weekly rest and a reduced weekly rest. The regular weekly rest period is a rest break of at least 45 hours, the reduced weekly rest period a rest period of less than 45 hours, which can be reduced to a minimum of 24 hours in a row.

Evaluation options

Thanks to the digital driver cards, the control authorities and drivers can now evaluate the activities very quickly and easily.

Violation evaluation of driving and rest times

Web links

Individual evidence

↑ Regulation (EEC) No. 3821/85 of the Council of December 20, 1985 on recording equipment in road traffic in the consolidated version of October 1, 2011 (PDF; 6.73 MB) .

↑ Regulation (EC) No. 561/2006 of the European Parliament and of the Council of March 15, 2006 on the harmonization of certain social regulations in road traffic and amending Regulations (EEC) No. 3821/85 and (EC) No. 2135/98 of the Council and repealing Council Regulation (EEC) No. 3820/85

↑ Answer of the BAG to the question How long do I as an entrepreneur have to keep data on the driving and rest times of my drivers? ( Memento of the original from May 25, 2014 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2
↑ Federal Labor Court, judgment of October 16, 2007 - 9 AZR 170/07 -, in: BAGE 124, 210
↑ Answer of the BAG to the question What data can be seen and saved on the control card?
↑ Information from Fahrerkarten-auslesen.de
↑ New form
↑ § 20 FPersV (proof of days not taken into account)
↑ Article 15 (7) of Regulation (EEC) No. 3821/85

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