The legislation regarding the recording of data from digital tachographs is primarily governed by the EU Regulation on driving time and rest periods for drivers of certain road vehicles (Regulation (EC) 561/2006). This regulation applies to drivers of vehicles that are used for the carriage of goods or passengers and have a maximum permissible weight of over 3.5 tons. The regulation lays out the rules for how long drivers can drive, the minimum rest periods they must take, and the rules for recording and downloading the data from the digital tachograph.
The regulation states that it is necessary to record the data from the driver’s card every 28 days, and the data from the digital tachograph every 90 days.The data must be made available to the enforcement authorities upon request. Companies operating the vehicle are responsible for checking the data regularly and keeping records of the data for at least 2 years.
Enforcement of these regulations is the responsibility of the national authorities of the Member States, who can impose penalties for non-compliance. Penalties may include fines, suspension of the driver’s license, and withdrawal of vehicle registration.