Tachograph
A tachograph or tachograph ( Greek τάχος tàchos , German 'speed' and γράφειν grafein , German 'write' ), also called a tachograph , tachograph , trip counter or EC control device , is a tachometer with an attached measuring recorder , the driving and rest times, driving time breaks, records additional kilometers driven and the speed driven .
The term “black box” is also used colloquially for the newer control devices, but this is understood to mean so-called accident data memories , which usually only record the speeds driven just a few seconds before an accident and other driving data such as longitudinal and lateral acceleration and operation of the vehicle hold on to reconstruct the accident. A tachograph, or more precisely: an EC control device, has the primary task of recording driving and rest times and - with a few exceptions - must be used in all commercial trucks and buses weighing 3.5 t or more within the European Union and other AETR countries zGM or 9 passenger spaces . This also distinguishes EC control devices from nationally approved tachographs, which are used, for example, in municipal buses or emergency vehicles and do not fall under these installation regulations, as they serve other recording purposes. As a rule, the driver does not have to keep records in person due to certain national exemption or exemption regulations; this also defines the demarcation between EU and national regulations - despite devices that are now technically the same.
The EU intends to extend the tachograph requirement to commercial transport vehicles with a gross vehicle weight of 2.4 tonnes or more. The reason for this is probably to include the increasing, predominantly Eastern European small haulage companies.
origin
Around 1835 - with the advent of the railway - the tachograph was originally introduced there in order to be able to better document irregularities within the company. The Daniel speedometer has been known for locomotives since 1844. The initiator of this technical innovation at that time was Max Maria von Weber as an administrative officer, engineer and writer .
The German engineer Otto Schulze (OS) from Strasbourg registered his first eddy current tachometer as a speedometer with the Imperial Patent Office in Berlin for a patent (DRP 146134) on October 7, 1902 . Due to lack of money and a lack of commercial skills, he was not able to manufacture his speedometer himself and left his patents to the Edouard Seignol company in Paris. Since 1908 the distribution in Germany took place through the O. S. Autometerwerke E. Seignol in Frankfurt / Main. In 1922, the authorities limited the maximum speed in urban areas to 25 km / h. From Kienzle transmission of the eddy current principle was carried from the tachometer on tachograph (drive (s) writer), so aufschreibende systems. Kienzle Apparate initially developed the so-called "Autorex clock" , in which the driving and stopping times were recorded on a tachograph disc using a vibrating pendulum . The Kienzle experts have been researching a speed and driving time control device since 1925 . In 1926, a Kienzle autograph was installed in a truck for trial operation. It was not until 1927 that the Kienzle device was able to properly record the route , which is why the tachograph was also known as the “time-distance recorder”. The main impetus came from the Kienzle engineer Paul Riegger.
In Poland in 1928, at the request of the Warsaw police chief, a test tachograph was installed in a vehicle that triggered clearly visible light signals when the speed was too high. In 1936, Fried was the first truck manufacturer to build series production . Krupp Motoren- und Kraftwagenfabrik Kienzle devices in their vehicles. At that time, this invention was able to teach the driver a lot more than just the current speed, and at the time it was still an exclusive special feature in the truck, which only had to be installed by law in 1953. The vehicles were still so slow that the natural human senses were sufficient to assess the speed. The speed and associated dangers were literally felt. Only with increasing engine power and the introduction of pneumatic tires did the vehicles advance faster, so that the brain could no longer reliably record and assess the actual speed .
The growing density of traffic and the increasing possible maximum speed of the trucks and their first serious accidents gave rise to speed measurements in the 1930s. For this, the device including a speedometer disc was viewed as a discharge witness; because on October 15, 1936, during the National Socialist era, the “Reich tariff regulations for long-distance freight transport” were dictated and handwritten records of driving, rest, break and working times became mandatory. Due to the implementation ordinance on the working time regulation of December 12, 1938, the truck drivers had to enter all possible truck data and personal details in a personal "logbook" as well as daily handwritten records of driving and rest times and working hours. From 1953 there was the "work shift book" and from 1969 it was called "personal control book". An inserted speedometer disc in the tachograph was able to conclusively confirm the entries in the personal control book and thus relieve the driver. The records in the so-called book of lies were not easy to control and, of course, people always liked to cheat when the drivers recorded their so-called "fever curves".
The Strasbourg inventor Otto Schulze succeeded with his eddy current tachometer in solving the problem of accurate data acquisition in motor vehicles and thus gave the driver a relief through the simple acquisition of the speed recording.
chronology
The general compulsory speedometer was introduced by law in 1935. In Germany, the "Verkehrssicherungsgesetz" (law to secure road traffic) of December 19, 1952 declared the tachograph and the like. a. as compulsory for trucks over 7.5 tons.
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New trucks and buses had to be equipped with tachographs from March 23, 1953, and all older trucks and buses from December 23, 1953, also according to StVZO § 57a. He was v. a. Introduced to relieve the burden of evidence on the driving staff in connection with the driving and rest time, in order to relieve some of the burden on the personal control book (so-called book of lies, today driver card ). With the regulation (EEC) 543/69 for the first time, on April 1, 1969, a common driving and rest time regulation was enacted in the EEC. This has been in effect across borders since October 1, 1969 and exactly 1 year later for all commercial road transport in the EEC . The technical characteristics were determined EEC-wide with Regulation (EEC) No. 1463/70 of July 20, 1970, and the personal control book was given another transitional period until December 1, 1977 by Regulation (EEC) 2828/77 of December 12, 1977. January 1978 or for local traffic and trucks with 6 t GVW up to July 1, 1979. With Regulation (EEC) No. 3821/85 of December 20, 1985, the control device became mandatory across the EEC after September 29, 1986. Internationally , on July 1, 1970, a "European Agreement on the Work of Drivers Employed in International Road Traffic " ( AETR ) came into force, which was improved on July 31, 1985. The latest changes, in particular the mandatory introduction of the digital control device (for new vehicles and first-time uses, no conversion requirement), were made by Regulation (EC) 561/2006 of March 15, 2006 (OJ L 102, p. 1 of April 11, 2006 ). Parts of it came into force on May 1, 2006; the remaining regulations became legally binding on April 11, 2007.
Mechanical tachograph
The mechanical tachograph, which is still in use today in older vehicles (registered before May 1, 2006), describes a round, self-inscribing paper disk that rotates through a clockwork . One full turn corresponds to 24 hours . The pen moves further or closer to the pivot point depending on the speed being driven. The device's recordings include the speeds driven, the distance traveled (kilometers traveled), as well as the driving and rest times . Some types of devices also allow the engine speed to be recorded on the back of the disc or, in the area of authorities and aid organizations, the recording of special signal systems used ( siren and blue light ). However, this only as evidence for journeys with right of way , possibly for evidence and accident reconstruction, as vehicles of authorities and aid organizations are exempt from the tachograph obligation (see exceptions ).
Most tachographs are usually designed for two-driver operation (driver 1 and 2); H. Using a separating flap, two speedometer disks can be inserted into the device, for which the shift times are recorded separately. The setting of these driving and rest times is done manually using so-called time group selector switches on the device with the switch positions driving time (not applicable with automatic speedometer), working time, standby time and rest time , which are represented by the steering wheel, crossed hammers, rectangle and bed symbols. Driver 1 is considered to be the currently active driver, on whose disk the speed and distance are also recorded, while driver 2 is considered to be a co-driver or inactive driver. On the record sheet, only the working hours are registered, the switch position driving time is at 2 driver also absent. When changing drivers, you have to open the recorder and swap the tachograph discs.
A distinction must be made between the mechanical or the vernacular " analog " tachographs into manual and automatic devices. With the manual devices, the drivers have to set any driving times themselves. The tachograph records these settings with a concentric line diagram on the speedometer disc, which is written in the time group fields provided. Similar to the speed record, the time group diagram is closer or further from the pivot point. In the case of automatic devices, the switch position for the driving time is missing for driver 1, the devices automatically set themselves to the driving time when driving, i.e. when the speed is registered, regardless of the position in which the time group switch for driver 1 is. Conversely, this means that every stop at a traffic light is registered as a rest or standby time if the time group for driver 1 was set incorrectly. A correct setting for working hours must also be made here, even if the automatic system at least automatically records vehicle movements as driving time and breaks in driving times of less than 15 minutes are not considered a break anyway. Nevertheless, work such as charging must be recorded as working time and set on the device as such. Disadvantage of some modular and digital tachographs is that this automatically when the ignition is off to rest off and this may remain unnoticed by drivers when the device has only been changed.
The different time groups are recorded in the automatic tachograph by a line of different thicknesses (the so-called bar chart) in the middle part of the time group field. The distance covered is shown on the record sheet in the innermost ring by lines (5 km per completed line) or peaks (10 km per completed point).
Every mechanical tachograph needs its end speed value and the type plate approved diagram charts, since there are devices for speed ranges from 80 to 180 km / h. For this purpose, every device has a nameplate with an ECE test mark followed by a number, e.g. B. "[e1] 37". This combination of test mark and number must also be found on the back of the tachograph disc in order to be able to use it for this device. Using speedometer disks of other speed ranges would result in the device writing the speed diagram in completely wrong fields, since the grid of a 180 km / h disk is much narrower than that of a 125cc. The disks are also designed differently, tachographs with speed records naturally require record sheets with a correspondingly preprinted reverse side; when used exclusively in automatic tachographs, for example, the time group fields are missing on the panes, so that here, for each type of device, separate panes are necessary.
The devices must be checked and calibrated every two years and after repairs, removal of the seal , changes to tire sizes or odometers. For this information, there is an installation plate from the authorized installation workshop in the vehicle , which on the one hand contains information about the workshop itself, information about the vehicle and its tire size, travel speed and tire circumference, as well as other information for calibrating the device.
Speedometer dials
Speedometer disks are self-labeling paper disks with a diameter of 12.3 cm and an eccentric guide ring in the middle, which are used in mechanical tachographs. In the middle of the front there are fields for handwritten entries by the driver for personal details, departure and destination locations and dates, vehicle registration numbers of the vehicle and the respective mileage. The outer area is described by the tachograph with needle points. The back contains a diagram field for the handwritten entry of the daily driving and rest times, in the inner ring fields for the data of other vehicles that were also driven with the same speedometer disc, and on the right half the described ECE numbers that indicate which tachographs are used (Manufacturer / types) the respective speedometer disc may be used.
The paper described disk will record chart called or record sheet and is a technical record that only through the written identity of the driver, a validity obtained. It must not be damaged, falsified or manipulated and has no signature .
Before leaving, the driver has to fill out the speedometer disc. To do this, he enters the place of departure, the date of departure, the vehicle registration number, the odometer reading and his first and last name when taking over the vehicle (the first name must not be shortened). This first and last name must be entered personally because the identity of the user must be clearly evident from it. The fields intended for arrival remain empty for the time being. He also sets the selector switch for the time group (driving, work, presence or rest time) accordingly. The tachograph is opened by means of a key , the disk is inserted into the device according to the eccentric recess in the middle and it is locked again. It will now start recording from the current time. Since the older devices only have a pointer clock that can only display 12 hours, after inserting the speedometer disc on the disc itself, the current time printed on the outermost edge must show upwards or in the modular speedometer forward. The time group selector switch on the tachograph can be used to switch between driving and rest times, work readiness and other work for both drivers, since time records must be kept for both drivers in the case of multiple driver operations. This is intended to document whether the driving time of the first driver and the simultaneous break or readiness for work of the second driver apply during the attendance period. Even when the vehicle is at a standstill, a distinction can be made as to whether it is a break, readiness for work or actual working time. The operational readiness of the device is indicated by a second hand in the sight glass or by the clockwork running control, a small opening with a rotating red and white disk behind it. The sound of a mechanical clockwork can also be heard. The device indicates malfunctions, such as an unlocked tachograph, a not inserted window or a disengaged separating flap, by means of a warning lamp. In this case, the speedometer does not work while driving. If the control device is defective while driving, the journey can still be ended. Driving and rest times are to be entered by hand on the back of the speedometer disc.
At the end of the journey, the driver enters the place where the record sheet was removed (usually the destination, even if this is identical to the place of departure), the date of the end of work and the odometer reading. In order to be able to subtract this more easily from the initial mileage, this is entered in the top line above the initial mileage and the distance covered is calculated. The speedometer disc can remain in the vehicle for up to 24 hours, provided the driver does not change vehicles. It is not necessary to fill out separate discs for outward and return journeys or to name intermediate stations, since speedometer discs primarily represent a driver's time sheets and not a substitute for the driver's log, as logbooks are mainly kept for tax reasons and therefore always record the purpose of the trip. A speedometer disc should not be taken out of the device without good reason, unless the vehicle has been changed or the shift has ended.
Speedometer disks of EC control devices are basically personal and the property of the entrepreneur, which he must make available to the drivers. If the driver changes vehicle within 24 hours, he can drive up to three other vehicles with his speedometer disc, provided that the chart discs are approved for the other tachographs and match each other in terms of top speeds. The driver enters the corresponding vehicle and mileage data on the back. The driving staff must carry the record sheets or certificates of non-working days of the last 28 calendar days as well as an existing driver card and present them to the authorized authorities (police, BAG ) on request . As described in Regulation (EEC) No. 3821/85, Paragraph IV a) 2., when several tachometer disks are connected, neither interruptions nor overlaps may occur. In addition, Regulation (EC) 561/2006, Article 10 (4) obliges all those responsible in the transport chain to ensure compliance with the regulations described there.
Hardware and software for mechanical tachographs
This means that complete documentation and monitoring by those responsible for transport is necessary, which is possible using suitable devices for scanning in speedometer disks and software for archiving and evaluating. Some providers also offer these functions for digital tachographs , which should simplify mixed operation.
Modular tachographs
At the beginning of the 1990s, the manufacturing company Mannesmann-Kienzle (now VDO, part of Continental Automotive Systems) launched modular devices in which the record sheet such as B. in a PC drive through a slot or by means of a drawer (" tray "). Visually, the newer devices were mostly similar to today's digital tachographs and were installed separately from the tachometer, mostly in the standard installation slots for radio devices, CB radio , OBU, etc. The first devices, such as the Kienzle FTCO 1319, still had a self-contained housing in which the speed indicator and recorder were integrated. However, the indentation for the speedometer dials was horizontally below the speedometer, as is the case, for example, in the Mercedes-Benz Sprinter or Actros of the first series. For the vehicle manufacturer, this construction had the advantage that the speedometer could also be better integrated into the dashboard behind the glass cover, since there was no longer any need to open the speedometer cover yourself. It was also possible to dispense with the need to additionally install a tachograph in the vehicle, particularly in the case of vans.
Superficially, however, this development was expected to provide greater security against manipulation, because the conventional devices with the hinged-opening speedometer could be manipulated more easily, as the speedometer disc and mechanics were exposed when they were opened. Was z. For example, if the pen in the device was bent or blocked at a certain point with a piece of foam or a rubber band, the speed recording did not run correctly and, in a way, “nicely” the recording in the event of any speed violations. With the modular devices, every removal of the record sheet is documented by writing a line up to the outer edge of the disc in order to document every - possibly unauthorized - removal of the speedometer disc and, for example, to prevent the time from being changed later. The disadvantage of the modular devices is a higher sensitivity; For example, speedometer dials can get stuck in the device if they show a slight kink, or the sensitive speedometer dial insert drawer can break off if you bump into it when it is open. Furthermore, the devices installed outside the dashboard are also out of the driver's central field of vision, who may forgets to correctly set driving breaks, which can then be registered as working hours and subject to a fine if overdrawn. However, faults in the tachograph are indicated by a warning lamp on the dashboard or, for some vehicle manufacturers, by a plain text message such as B. "TCO no registration" is shown.
Nationally approved control devices
The nationally approved control devices, such as B. also so-called weekly recorders, which are not used for the primary recording of driving and rest times and can be used on a voluntary basis wherever the installation of an EC tachograph is not mandatory. This can e.g. B. Rescue service vehicles whose tachographs register not only the recorded speeds but also the use of the special signal system (coll. Siren and blue light) and the recordings are used as evidence in the event of an accident. Although these control devices look very similar to the EC tachographs, they are not EC tachographs, as there is no personal recording and no documentation of the driving and rest times, so the time group switches are also missing. This fact distinguishes it from an EC tachograph. Legal texts such as § 57a StVZO differentiate in wording between (EC) tachographs and (other) control devices ; In colloquial language, however, this distinction is hardly made, here even the term control device for the EC tachograph has established itself.
In bus service with buses and coaches under 50 kilometers line length use of the EC recording equipment is also not compulsory. Even here, the drivers are subject to the driving and rest times of the Driver Ordinance, but not to the personal recording obligation, even though buses and coaches according to § 57a StVZO must be equipped with at least one, quote: calibratable control device. So-called weekly recorders were mainly used in city buses, which are increasingly being replaced by digital recording methods that record driving times and speeds of a calendar week independently of the driver. Chart charts from weekly recorders remain in the vehicle for over a week, regardless of who is driving it. Since driver and vehicle changes are relatively frequent in city traffic and replacements often even take place at stops on the way during regular service, handling personal diagram charts would also be very cumbersome and time-consuming. Similar to the above example with the emergency vehicles, the recording is primarily about a verification such as the speed monitoring or the accident reconstruction, in-house also about the monitoring such as adherence to timetables, less about the checking of the driving and rest times, as these are determined by the duty and line timetables are specified. The driver's logs or duty rosters can be used to trace which driver was driving the vehicle at the relevant time. All documents can of course also be used for official controls. If a bus is only equipped with such a weekly recorder, its use is only limited to regular service (§ 42/43 PBefG ). For use in occasional traffic or scheduled services over 50 km line length, an EC control device must be available additionally or exclusively.
In addition, weekly recorders could also be used in commercial truck transport before the introduction of the EC control devices. Working hours, loading and unloading locations as well as weight and load had to be entered in a shift log by the drivers.
In a weekly recorder there are one, i.e. seven, speedometer disks for each calendar day in a bundled stack, one on top of the other. As with the notepad, these seven discs are attached to one another by a narrow fold on the outer edge. The difference to the personal speedometer disc shown above is that the individual 24-hour discs of a weekly recorder have a large wedge-shaped cutout and do not have an eccentric, but a round guide ring with a sleeve so that the discs lying on top of one another can be written on and stopped individually one after the other . Therefore, when changing a bundle of record sheets, the driving and operating personnel must ensure that it is aligned with the time. In terms of functionality, weekly recorders are the same as the EC control device: the inserted discs are moved by a clockwork and the speeds and distances covered are recorded in relation to them.
At the end of the day (at midnight) the tachograph pen runs into the cut-out of the first disk on top, which is then picked up by a clip in the device, cut off and stopped. As the rest of the disk package continues to rotate, the recording continues through the gap in the first disk, now on the second disk below, until the section is reached again here, the disk is picked up, cut off and stopped. This process is repeated accordingly for the following discs. The gap is only missing on the last (bottom) pane. At the end of a week of recording, the seven disks are replaced by new ones and stored in the company in accordance with legal regulations.
Diagrams of public buses were sometimes used as evidence of adherence to timetables. In the event of a customer complaint about a too early departure from a stop, the reconstruction was time-consuming and not possible to the minute. Since most buses nowadays are equipped with electronic on-board computers ( RBL ) which, in addition to ticket sales, stop displays and the position determination determined from them, offer much more differentiated recording options, it is easily possible, in addition to driving time monitoring that is almost precise to the second, also driven speeds, stops, engine speeds and driving maneuvers to the driver module (thus personalized) or even to transmit it to the management via GPS at the same time. Data protection concerns or the interest groups of the mostly public transport companies opposed this type of monitoring for a long time. In the goods industry, on the other hand, these location and recording options are often used independently of the already prescribed EC control devices, if only for reasons of route optimization. Since the drivers are often in precarious employment relationships, concerns about the use of GPS monitoring hardly play a role.
If a driver drives both in regular and occasional traffic , or a minibus registered as a passenger car with fewer than eight passenger seats that does not require a tachograph, the driver must, if he is unable to present any personal speedometer discs from these assignments, when driving in occasional traffic Submit a written, machine-generated certificate from the employer, which certifies the use in regular transport (driving a vehicle excluded from the scope of Regulation EG 561/2006). This document is identical to the certificate of non-working days, the information on this certificate is specified across the EU. This information is written in the respective national language and numbered with uniform item numbers so that they can be derived in any other language.
In the meantime, digital tachographs have also found their way into public buses. Since no personal recording has to be made here in the control device under the above conditions, the driver does not need a driver card for the digital tachograph. With the appropriate setting, the trip is recorded by the device as "out of scope" (in a similar way: outside the range; this means the corresponding EU regulation 561/2006), without this leading to an error message due to a card not inserted.
Digital tachograph
The digital tachograph, prescribed by the EU regulation VO (EG) No. 561/2006 for all newly registered vehicles since May 1, 2006 , stores all necessary information in a sealed memory module for 365 days and on a personal driver card (chip card) for at least 28 days Records.
When the memory capacity of the driver card is reached, the oldest entries are overwritten, so that days past a year can be saved for a few activities and significantly fewer for many activities. Driving, working, standby and rest times, as well as their interruptions and distances covered, are saved. In addition, the speeds driven within the last 24 hours of driving are recorded in steps of one second in the tachograph (but not on the driver card ), while excess speeds are permanently saved in the tachograph (but not on the driver card). All the data can be read or digitally read out by the control authorities and the company in accordance with the regulations. A paper record can be printed out by the driver. The time of all digital devices is set to Coordinated Universal Time (UTC) and may deviate by a maximum of 20 minutes. However, due to the security against manipulation, it can only be corrected by the user ± one minute per week, otherwise a visit to the workshop is required.
Before starting the journey, the driver logs into the control device by inserting the driver card. Charging activities or similar are to be set as with the analog control device using time group symbols. Switching between driving time and working time takes place automatically. For two-driver operation there is a second card slot for driver 2 on the device; if there is a driver change, the two drivers swap cards in the other slots. If the card has been successfully read, the driver's last name appears in the display. The device first asks whether manual time additions are to be made (such as loading activities or journeys that took place without an inserted driver card) and as a rule also asks for the country in which the journey started. In contrast to the paper disk of the mechanical tachograph, the place of departure and destination are not recorded here. To protect against manipulation, the card can only be inserted and removed when the vehicle is stationary.
In addition to the personalized driver cards, there are also company, workshop and control cards. With the latter, control officers (police, BAG ) have access to the data stored in the device. The control device also has a printer which, if required, prints out detailed information on the driver, vehicle and control device, a working time profile and the mileage. However, a speed record is not shown in the printout.
The digital tachograph should u. a. the manipulation are made difficult, z. B. in that the pulse generator at the transmission output encrypts its signal using cryptographic methods. The digital tachograph has been compulsory since May 1, 2006 (EC Official Journal L 102 of April 11, 2006) for every new vehicle that is subject to the EEC Regulation (EEC) No. 561/2006 (without transitional regulation). The regulation (EC) applies directly in the member states.
The UN Economic Commission for Europe ( ECE ) has accepted the AETR changes since June 16, 2006 for the digital speedometer across Europe . The adaptation of the AETR control device system to the EU is in preparation. Linking the two systems is a pan-European problem, as the old speedometer disc and new digital systems are in mixed operation shortly after the introduction of the digital EC control device. The contracting parties of the AETR agreement , the European Union (EU) and ECE are responsible.
Since January 1, 2011, digital tachographs have also been recognized in AETR countries outside the EU. Until then, it was problematic that the AETR only knew the analog tachograph with record sheet and trips with digital devices outside the EU could be problematic. However, when driving abroad in a vehicle with an analog tachograph, it is advisable to carry a driver card with you in addition to the record sheets (if necessary, apply for one), even if the card is not used because your own vehicle fleet is still equipped with analog tachographs. During controls abroad there is a risk of U. Difficulties if no driver card is carried.
Newly registered or newly equipped, commercially used vehicles over 3.5 tons must be equipped with a new generation of digital tachographs from June 15, 2019. The purpose of the new EU regulation 165/2014 is to further improve road traffic safety, to ensure competition in the European internal market and to prevent the manipulation of digital tachographs.
Regulations
Obligations of the entrepreneur / disposition
The Regulation (EEC) N °. 3821/85 and the regulation (EC) no. 561/2006 contain in addition to the driving and rest times of the driver and the associated responsibilities of the contractor and the contractor resulting adhesion.
- Data from driver cards must be read out no later than 28 days after an event has been recorded
- Data from tachographs must be read out no later than 90 days after an event has been recorded
- To archive data from digital tachographs and driver cards for at least one year
- Archive speedometer dials for at least one year
- To archive speedometer dials for at least two years, if they also serve as proof of working hours within the meaning of § 21 ArbZG.
- Properly instruct drivers and check them regularly
- Regularly check orders after the end of the transport order by the disposition for compliance with the regulation
- To organize the work in such a way that the driver can comply with the legal requirements
- To ensure that contractually agreed transport schedules do not violate the provisions of the regulation
- When the order is accepted, the scheduling department checks the feasibility of the order
The company is also liable for violations by drivers of their company if violations have been committed on the territory of another EU country or a third country. Liability can be made dependent on the extent to which the company has fulfilled its organizational obligations. The authorities can examine any evidence that can show that the company can be held responsible for the violation committed.
If there are violations of the EC regulation, there are two possible causes. Either the scheduling was carried out correctly and there is a violation on the part of the driver - in this case the driver is being investigated - or the planning and scheduling was carried out incorrectly, which led to violations of the regulation - in this case, investigations are being carried out against Those responsible for planning and the company.
Hardware and software for digital tachographs
Various procedures are permissible for fulfilling the obligations described with regard to the data of digital tachographs: After reading it, it can be backed up to a PC using various hardware variants within the company, provided that regular backup copies are made and stored separately.
There are a wide variety of software products that can support the entrepreneur or the disposition. You can read, evaluate and archive data from the digital tachographs and driver cards. In addition, some can also cover the company's evaluation and warning obligations (Art. 10 EU Regulation (EC) No. 561/2006) if evidence of the violations is provided. These are used to inform the driver about violations that have been committed and, if necessary, to request a statement. Some providers also offer these functionalities for mechanical tachographs , which means that mixed operation is not a problem. Some service providers offer the option of uploading the data online and treating it as described, which is much more secure. B. hard disk damage or virus attack can occur.
Exceptions
According to Regulation (EEC) No. 3821/85 the above-mentioned motor vehicles must be equipped with a recording device. However, this does not apply to vehicles:
- which are used for the transport of passengers in scheduled services if the route is not more than 50 km;
- with a maximum speed of not more than 40 km / h
- that are used for non-commercial transport for humanitarian or medical aid
- that are the property of the armed forces, the police authorities, the civil protection service, the fire brigade or the forces responsible for maintaining public order or are rented by them without a driver, provided that the transport takes place on the basis of the tasks assigned to these services and is subject to their supervision
- which are used specifically for breakdown assistance within a radius of 100 km from their location;
- with which test drives are carried out on the road for the purpose of technical development or as part of repair or maintenance work, as well as new or converted vehicles that have not yet been put into operation
- or vehicle combinations with a maximum permissible mass of not more than 7.5 t which are used for the non-commercial transport of goods.
National
Germany
The regulations for the use of tachographs are essentially regulated in the Fahrpersonalverordnung, in § 57a StVZO as well as in the regulation (EEC) No. 3821/85. Regulation (EG) 561/2006 contains further rules.
Tachographs (EC control devices) are prescribed for new vehicles that are used to transport goods with a gross vehicle weight including trailers over 3.5 t, or for vehicles that are used for passenger transport and have more than 9 seats including driver, provided that these vehicles are used be used commercially within the AETR countries.
The devices must be sealed and calibratable. They enable the driving and rest times of the driver to be checked by the road inspectorate and are used to reconstruct the accident. A tachograph is now also mandatory if it was voluntarily installed in a vehicle with a gross vehicle weight of between 2.8 and 3.5 t (installation is not mandatory in this weight range). An off-road vehicle (gross vehicle weight 3000 kg with trailer 750 kg gross vehicle weight) requires a tachograph if it is used commercially in this combination.
Since January 1, 2008 there has been an obligation to carry proof of driving and rest times etc. for the current day and the immediately preceding 28 calendar days, previously it was 15 days. After use, the company must keep the documentation in chronological order and in legible form outside of the vehicle for at least one year, regardless of whether the data comes from analogue and digital control devices. This affects the control sheets and printouts as well as handwritten records (daily control sheets), the data downloaded from the driver card and the recording device and the driver's personnel certificates issued by the company ( § 20 FPersV in conjunction with Article 14 paragraph 2 VO (EEC) 3821/85) and documents ( e.g. minutes, event logs) that were created as part of a road or operational control.
For other legal reasons, longer retention periods may arise, in particular from Section 16 (2) and Section 21a (7) of the Working Hours Act , according to which the records of the working hours of employees are to be kept for at least two years and handed over to the employee upon request and from Section 147, Para. 1 no. 5 i. V. m. Paragraph 3 of the tax code , according to which a six-year retention period applies to documents used for payroll accounting.
The drivers also have to carry certificates of non-working days, which must be issued by the employer by machine in order to prevent the driver from manipulating the time records in the event of an upcoming inspection. The sheet itself is informal (i.e. no form), the appearance of these certificates is, however, defined EU-wide, the fields for entries are consecutively numbered as with the EU driver's license or the driver card, so that the information can be derived in any language .
Before the 28-day recording is overwritten, the driver card must be backed up by computer in the company. The data stored in the control device (ugs. "Blackbox" or "Digitacho") must be backed up in the company at least every 90 days ( § 2 Paragraph 5 FPersV).
In the case of mechanical tachographs, the driver is obliged to carry the key and at least one spare record sheet.
According to § 4 Abs. 4 FPersG, the entrepreneur, the vehicle owner and the members of the driving staff can refuse to provide information on such questions during an inspection by the regulatory authorities, the answer of which he himself or one of the in § 383 Abs. 1 No. 1 to 3 of Civil Procedure Code would expose relatives to the risk of criminal prosecution or of proceedings under the Law on Administrative Offenses.
For the territory of the Federal Republic of Germany, according to § 18 Para. 1 FPersV, further exemptions from VO (EG) 561/06 and VO (EEC) 3821/85 apply for the following vehicles, such as for vehicles in agriculture and forestry, official vehicles in general, vehicles of the fairground trade , vehicles in combined transport , craft businesses within a radius of 100 km, etc.
Austria
In Austria there are additional exceptions to the EO regulation (§ 24 Paragraph 2b KFG) for certain vehicles of public transport, public road maintenance, regional agricultural and forestry goods transport including local animal transport, and others.
Overall responsibility for the system ( Member State Authority , A-MSA) rests with the Federal Office of Transport (BAV), an office of the Ministry of Transport.
Switzerland
In Switzerland, the use of tachographs is regulated in the ordinances ARV 1 + ARV 2 (Working and Rest Time Ordinance).
ARV 1
The ARV 1 is subject to drivers of motor vehicles and vehicle combinations for the transport of goods whose total weight according to the vehicle ID exceeds 3.5 t and drivers of motor vehicles and vehicle combinations for passenger transport who are approved for a capacity of more than sixteen people and company cars.
Whether or not the driver is subject to ARV 1 when driving a vehicle or a vehicle combination is ultimately decided by the cantonal enforcement authorities.
ARV 2
Operators of light motor vehicles, heavy passenger cars, company cars with no more than 16 seats and of light, small and three-wheeled motor vehicles which are used for professional passenger transport are subject to ARV 2.
service
Before departure, the completed speedometer disc or driver card is inserted into the device. The driver has to set the appropriate time group symbol according to the activity. The symbols mean in detail:
- Steering wheel symbol (cannot be set with automatic speedometer) : to be set while driving
- Crossed hammers symbol : to be set for all other active activities outside of the journey, such as loading and unloading the vehicle, repairing, washing, etc.
- Square symbol with a slash : to be set when you are ready to work or waiting, passive activities such as waiting for loading and unloading, traveling as a passenger (also in the sleeping cabin).
- Bed symbol : set for breaks and rest periods when the vehicle is stationary, if the driver has the time himself.
Manipulations
The mechanical tachograph (tachograph) is the subject of numerous manipulations, such as bent pointers, path limitation by rubber or foam parts and short-circuit circuits . “Forgetting to insert” at the start of a journey or unauthorized changing of the record sheets are also common. Until the mid-1970s, the snap ring could be removed from the glass cover of the speedometer and lifted over the contact pin (zero point) by stretching the speedometer indicator. Thus the spring tension has been manipulated, i.e. H. lower speeds were recorded than actually driven. Furthermore, it is still possible today to set the time manually with the old devices in order to conceal any excess working hours. It is also possible to manipulate the encoder cable or the device itself (but with damage to the seal) and thereby falsify the recordings.
Last but not least, there is also no control of how many speedometer dials a driver uses per working day or week. After reaching the maximum driving times, the driver could theoretically destroy the first speedometer disc and drive another shift with a new disc without the driving time violation being noticed. Speedometer dials whose records do not comply with the driving times are simply sorted out. Such violations are difficult to punish. Digitalization makes the manipulations technically more difficult, even if even the tamper-proof tachographs do not provide any information as to whether the driver was actually rested and not busy with other work before starting the journey.
The technical and content check of the tachograph was specified for the first time EU-wide by a directive from 1988 (EEC RL 88/599). This review, which is very precisely defined in terms of content, and its regulation became effective on April 11, 2007 with the (RL 2006/22 / EC). In addition, the manipulation of the analog also led to the development of the digital tachograph, which is secured by various precautionary measures (e.g. file signatures).
The digital tachograph (EC control unit) was designed in such a way that unauthorized changes to the data are made difficult and recognized by the system. However, no technical system is free from weak points. Shortly after the first digital tachographs appeared in 2006, the first tampering was discovered. Probably the best known is the use of a magnet to erase the electronically stored data. But the verification options have also become more and more sophisticated over time. Today the use of a magnet can still be proven afterwards.
Accident and working time evaluation
The EC control device actually serves to monitor social regulations, but in Germany it is common practice to detect and punish speed violations by evaluating the speedometer disc. This approach was approved by the highest court in the early 1990s by the Hamm Higher Regional Court. Cases are known in which the speedometer disk was deliberately destroyed after an accident in order to conceal the cause of the accident (for example, in the case of a pile-up in the Münchberger Senke in 1990 ). Furthermore, diagram charts are often microscopically evaluated after accidents and the approach behavior of the vehicle to the collision location is reconstructed. With the digital black box, all electronic possibilities could be exhausted, which would then be stored like in an airplane black box or an accident data memory.
In most companies it is also common practice to use the record sheets to monitor (non-) compliance with driving times or the billed working hours for employees. Another, trivial possibility of personnel monitoring with regard to an economical driving style is the already mentioned tachograph, which records the engine speed on the back of the record sheet in addition to the data recorded on the front.
See also
literature
- Armin Müller: Kienzle. A German industrial company in the 20th century , 2nd edition, Franz Steiner Verlag: Stuttgart 2014, ISBN 978-3-515-10669-6 .
- Markus Mertens, mini book series "The digital tachograph - adding times", author: Markus Mertens, TraWitec Verlag GmbH, ISBN 978-3-9817193-3-8
supporting documents
- ↑ Report: Digi-Tacho incl.AETR is now also valid in 22 neighboring EU states VR September 24, 2010.
- ↑ Article: EU Transport Committee votes for the expansion of the Deutsche Handwerkszeitung from June 5, 2018
- ^ Meyers Konversations-Lexikon, 4th edition (1885–1890), page 486
- ↑ Report: History of the speedometer from the "Oldtimer Tacho Werkstatt". ( Memento of the original from October 29, 2013 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.
- ^ Report: Fernfahrer magazine in issue No. 12 in 2001
- ^ Journal: Last-Auto und Omnibus, No. 5 of April 11, 1953 (today Lastauto Omnibus )
- ↑ Regulation (EEC) No. 1463/70
- ^ Report: Regarding Regulation (EEC) 2828/77 of December 12, 1977 - The personal control book was given a transitional period as a so-called book of lies until July 1, 1979.
- ↑ a b Regulation (EEC) No. 3821/85
- ↑ a b c d Regulation (EC) No. 561/2006
- ↑ Devices for scanning speedometer dials
- ↑ The digital tachograph (explanation & information)
- ↑ Different hardware variants for reading out digital tachographs
- ↑ Article 3, Paragraph 1, Clause 1, second half-sentence of Regulation (EEC) No. 3821/85 in conjunction with Article 3 of Regulation (EC) 561/2006.
- ↑ Regulation (EEC) No. 3821/85 in the consolidated version of April 11, 2007
- ↑ Digital tachograph: General information: Exceptions to the obligation to monitor devices: The national legislature has now exempted the following vehicles in Section 24 (2b) KFG. WKO Trade Association of Goods Transport, digitalertachograph.at.
- ↑ SR 822.222 Ordinance of 6 May 1981 on the working and rest time of professional drivers of light passenger transport vehicles and heavy passenger vehicles (ARV 2). Retrieved October 3, 2019 .
- ↑ ARV 2. Accessed October 3, 2019 .
Web links
- Authority side
- Online application for drivers and entrepreneurs from North Rhine-Westphalia with information
- Frequently asked questions and answers
