Appendix 2: Draft Drivers’ Hours, Tachographs, International Road Haulage and Licensing of Operators (Amendment) Regulations 2022
Additional information from the Department for Transport
Q1: What is the material difference between the capability of smart tachograph 2 and smart tachograph 1: the Regulations largely express this by reference to EU standards, could you give a short plain English description please?
A1: Smart tachograph 2s have capabilities to record automatically a vehicle’s position, including when it crosses borders and where it is loading or unloading (to help check if a vehicle is being used legally because access rights can depend on whether loads are transported across borders or not). Smart tachograph 2s are also designed to prevent manipulation and improve enforcement, in ways additional to smart tachograph 1s.
In slightly more detail the material differences between the capability of the smart tachograph 2 and the smart tachograph 1 are:
- Border crossings - Automatic recording of the vehicle position and related information at border crossings (based on stored digital map);
- Load/unload operations - Recording of the vehicle position and load types during load/unload operations;
- ITS interface (Intelligent Transport Systems)–made mandatory. This allows for data exchange with additional external devices, which allows enforcement officers to download data without stopping a vehicle;
- GNSS (Global navigation satellite system) - Use of authenticated navigation messages (Galileo);
- Software update capability - Minimum hardware resources allocated for future evolutions and digital map update;
- Additional source for motion detection - Independent sensor, internal to the vehicle unit;
- Automatic time adjustment - Uses authenticated GNSS time.
Q2: Can you expand on the consultation summary “However, there were some concerns raised around the implementation of the smart tachograph 2 in the UK, around timings; availability; and technical challenges of fitment into light goods vehicles over 2.5 tonnes. “ What are industry’s concerns, is it the cost of the new equipment or are there supply issues that will make compliance by the deadline set difficult?
A2: Both. The main concerns are around the potential availability of the smart tachograph 2, making it difficult to comply with the implementation date. Industry sources have indicated that the main tachograph manufacturer will not gain type approval for their version 2 until April 2023; giving only a few months to supply and install into newly registered vehicles.
There were availability/timing issues with the implementation of the smart tachograph 1 in June 2019. The implementation date for the fitment of smart 1 tachographs in newly registered vehicles remained in place for the deadline of 15 June 2019, but manufacturers/operators were allowed to fit digital tachographs into newly registered vehicles provided that these were retrofitted with a smart tachograph 1 once the supply shortage was resolved. This approach meant vehicles could still be delivered to industry and trade was not disrupted.
Similar approaches were taken by EU Member States. If there are difficulties on this occasion, the Department would again work with DVSA and industry to come up with a similar pragmatic solution. If there is a supply issue it would be felt at European level not just in the UK.
In addition, industry sources have raised concerns about the cost of installing a tachograph for the first time into smaller vehicles by 2026 and the lack of knowledge by some smaller operators of this new requirement. The Department will work with industry to raise awareness of the new requirement. The cost of installation is not something that was subject to an impact assessment, as the new requirement was implemented as part of the EU Mobility Package changes in August 2020 (during the Implementation period, when most new EU law was still applied to the UK) and were directly applicable in all EU Member States.
Q3: What does paragraph 10.6 of the EM mean by: “None of these concerns would affect the contents of the SI and will be addressed with industry.”?
A3: We are committed to implementing the smart tachograph 2 through the TCA [the Trade and Cooperation Agreement between the European Union and the United Kingdom]. This includes the deadline dates and scope of the use of smart tachograph 2s. The SI is designed to implement the commitments made by the UK in the TCA. Addressing concerns about implementation raised by industry can be done outside the SI. For example, issues about the fitment of tachographs in some light goods vehicles could be addressed by technical developments.
27 June 2022