Midt: Card Issuing and Networking Committee EU-MIDT/CINC/028-2005 Card Issuing Best Practice Guidelines
Midt: Card Issuing and Networking Committee EU-MIDT/CINC/028-2005 Card Issuing Best Practice Guidelines
Midt: Card Issuing and Networking Committee EU-MIDT/CINC/028-2005 Card Issuing Best Practice Guidelines
CARD ISSUING
SCOPE ................................................................................................................................................................... 7
REFERENCES...................................................................................................................................................... 7
APPLICATION SUBMISSION......................................................................................................................... 15
METHODS OF APPLICATION....................................................................................................................... 22
APPLICATION VALIDATION........................................................................................................................ 32
PERSONALISATION ........................................................................................................................................ 33
ANNEX B............................................................................................................................................................. 76
ANNEX C ............................................................................................................................................................ 78
FOREWORD
1. The document provides an overview of the card issuing process and sets out the
following:
2. Reference has been made, where necessary, to the Council Regulation (EEC) n
3821/85 and amending Regulation (EC) n 2135/98.
3. For the purpose of the application of the Regulation, each E.U. Member State shall
appoint the competent Authority(ies) for issuing Tachograph cards to entitled drivers
as well as to agreed workshops and fitters, companies and control bodies. These
authorities shall act in a coherent and secure way and assure the global effectiveness
of the Regulation.
SCOPE
4. The purpose of this Best Practice Guide is to help ensure common systems and
methods are implemented as far as possible in all the Member States. This document
has no legal status. The systems implemented must be done so based on the
provisions laid down in Regulation (EC) n 2135/98 and on the specifications laid
down in Annex 1B Regulation (EC) n 1360/2002.
5. Each Member State must ensure that all necessary data is captured, stored and
validated in order to produce smart tachograph cards and maintain the accuracy and
security of the smart tachograph electronic record.
6. Each Member State will implement its own systems to achieve this but the security
requirements mean that there will have to be communication between Member States
issuing systems. This document provides high level guidance on the requirements to
be met in the card issuing process.
REFERENCES
8. The following references contain provisions which, through reference in this text,
constitute provisions of the Best Practice Guide. At the time of publication, the
edition indicated was valid. All referenced documents are subject to revision, and
parties are encouraged to investigate the possibility of applying the most recent
edition of the documents indicated below.
European Regulation
Security Issues
ACTIVATION
Means phase where the recording equipment becomes fully operational and implements all
functions, including security functions
CALIBRATION
Means updating or confirming vehicle parameters to be held in the date memory.
CARD NUMBER
Means a 16 alphanumerical characters number that uniquely identifies a tachograph card
within a Member State. The card number includes a consecutive index (if applicable), a
replacement index and a renewal index.
CARD TYPES
Member States shall deliver systems to facilitate issue of Smart Tachograph cards to the
following:
The driver card may not be valid for more than 5-years. 2
The Workshop card may not be valid for more than 1 year.4 The workshop
card will also have a PIN number associated with it.5
DIGITAL SIGNATURE
Means data appended to, or a cryptographic transformation of, a block of data that allows
the recipient of the block of data to prove the authenticity and integrity of the block of data
DOWNLOADING
Means copying together with digital signature of a part or of a complete set of data stored
in the data memory of the vehicle or in the memory of a tachograph card (downloading may
not alter or delete any stored data)
INSTALLATION
Means mounting of the recording equipment in a vehicle
RECORDING EQUIPMENT
1
Annex 1B Chapter IV Req 200
2
Regulation 2135/98 Article 14 4 (a) para 2
3
Annex 1(b) Chapter 1 Definitions
4
Regulation 2135/98 Article 12 para 1
5
Annex 1(b) Appendix 8 point 5.2
6
Annex 1B Chapter 1 (l)
Means the total equipment intended for installation in road vehicles to show, record and
store automatically or semi-automatically details of the movement of such vehicles and of
certain work periods of their drivers.
TACHOGRAPH CARD
Means smart card intended for use with the recording equipment. Tachograph cards allow
for identification by the recording equipment of the identity (or identity group) of the
cardholder and allow for data transfer and storage. A tachograph card may be of the
following types: driver card, control card, workshop card or company card.
TACHOnet
Is the name for a specific application allowing Member States Card Issuing Authorities
exchanging information with each other to verify the uniqueness of the driver cards. It also
allows control officers, during roadside and company checks, to verify the status of the
driver card.
Each Member State Card Issuing Authority shall implement the TACHOnet application and
shall be engaged to use it in the conditions defined in this Best Practice Guideline.
VEHICLE UNIT
Means the recording equipment excluding the motion sensor and the cables connecting the
motion sensor. The vehicle unit may either be a single unit or be several units distributed in
the vehicle, as long as it complies with the security requirements of Regulation (EC) n.
1360/2002 of 13 June 2002 adapting for the seventy time to technical progress Council
Regulation (EEC) n 3821/85 on recording equipment in road transport.
APPLICATION TYPES
The following application types apply to all 4 card types:
First Issue First application for a smart tachograph card. (NB: Includes exchange
requests from other Member State citizens who meet residency criteria7).
Exchange Application to modify administrative data (i.e. change of name, address etc).
However, if change of address is because of a move to another Member State then an
Exchange is handled as a First Issue.
Exchange will involve a TACHOnet check where a driver moves from one MS to another.9
Annex 1(B) VII Card Issuing Req. 267 The exchange of an existing tachograph card, in
order to modify administrative data, shall follow the rules of the renewal if within the same
Member State, or the rules of a first issue if performed by another Member State.
7
Annex 1B Chapter VII Req 267
8
Getronics TACHOnet XML Messaging Reference Guide
9
Getronics TACHOnet XML Messaging Reference Guide
Replacement Issue of a smart tachograph card in replacement of an existing card which
has been declared lost, stolen or malfunctioning and has not been returned to the Issuing
Authority. However, Regulation (EC) n 2135/98 states that malfunctioning cards be
replaced, therefore ALL malfunctioning cards would be Replacements10.
Replacement always implies a risk that two valid cards may co-exist.
(A card issuing authority database will show the lost/stolen card as not valid but the Vehicle
Unit will still recognise the card).
The CIA should insist that, where possible, the malfunctioning card must be returned.
Question:
A card is declared lost on 1st of July 2005 but the driver does not apply for a replacement
card in the country of initial issuing. He knows already at that time that he is going to move
to another country and prefers to wait in order to apply for a new card in this latter.
The second country will check via TACHOnet the situation of the applicant (since it will be
for this country a first issue), but what about the status of the card in the first country?
And which steps must then be followed by CIAs A and B to update the information
available via TACHOnet?
Renewal Issue of a new smart tachograph card when an existing cards expiry date
comes to a close, or is malfunctioning and has been returned to the Issuing Authority.
However, Regulation (EC) n 2135/98 states that malfunctioning cards be replaced,
therefore ALL malfunctioning cards would be Replacements11.
Renewal always implies the certainty that two valid cards do not co-exist.12
If a renewed card is issued prior to the expiry of the card held by the driver, the VU will
recognise the start date of the new card ensuring that it cannot be used.
10
2135/98 Article 14 4(a)
11
2135/98 Article 14 4(a)
12
Annex 1B Definitions (ff)
INTRODUCTION TO PROCESS FLOW
9. Each Member State will need to implement a Smart Tachograph system with the
boundaries and constraints that exist within the scheme.
10. The Best Practice Guideline does not preclude the adoption of alternative approaches
but it is important that the key principles associated with the scheme are met.
11. It is individual Member States responsibility to ensure that the integrity of their
system meets the same standards as those of other Member States. The overall
scheme will only be as strong as the weakest link.
Identity Checks
13. No card will be issued unless the identity of the applicant has been formally
checked.
Personalisation
14. The Driver card must be personalised.13 Workshop and Control cards may be
personalised.
15. Before a Driver card is issued, Member States should ensure that the applicant is a
holder of a valid driving licence with the correct vehicle category entitlement.
(Please note: All categories are eligible except category A. Category B holders
would also be eligible where the towing of a trailer would exceed 3.5 tonnes). For
an application from a foreign driver licence holder this means there must be a data
exchange mechanism that allows the validity of the licence to be verified.
Size of Chip
13
Regulation 2135/98 Article 14 4 (a) para 1.
17. Member States can add additional value services in any spare capacity but this must
be added at the time of card issue. The added value service must be decided before
the security accreditation stage.
18. The specifications require that Workshop cards are only issued by the card issuing
authorities of a Member State to a recording equipment manufacturer, a fitter, a
vehicle unit manufacturer or workshop approved by that Member State. There is no
such criterion relating to Control cards.
19. The recommendation however is that Member States implement procedures to ensure
that Control cards are only issued to those personnel that have a justified
requirement for the Control card. The procedures should also ensure, in case control
cards are personalised, that when a person is no longer involved in the control
environment the cards are surrendered.
TACHOnet
20. There will be the ability for Member States to enquire of each others card issuing
databases and in some cases this will provide the ability to confirm driving licence
validity and confirmation of vehicle category entitlement.
21. The Best Practice Guideline contains details of the occasions where the exchange of
data is required together with the required availability and response time
requirements.
22. The technical solution to meet the requirements specified for the individual data
exchanges must be met. These requirements vary from real time responses (i.e. 2
seconds) through to those that can be handled in a more traditional batch mode.
APPLICATION SUBMISSION
WHO CAN APPLY
DRIVER CARD
MANDATORY REQUIREMENTS
Regulation Article 14 Point 3 Para 2 A Member State may require any driver subject to the
provisions of Regulation (EEC) No 3820/85 and normally resident on its territory to hold a driver
card
Article 14 Point 4 (b) Driver cards shall be issued only to applicants who are subject to the
provisions of Regulation (EEC) 3820/85
Article 14 4 (a) Para 3 - The driver may hold one valid driver card only. The driver is authorised to
use only his own personalised driver card. The driver shall not use a driver card which is defective
or which is expired.
23. Applicants should be a driver of vehicles used for the carriage of goods where the
maximum permissible weights of the vehicle; including any trailer or semi-trailer
exceeds 3.5 tonnes. Also the drivers of vehicles used for the carriage of passengers,
which are suitable for carrying more than nine persons including the driver.
25. Drivers themselves must personally sign their applications but the application can be
submitted by Driver or Company to the Card Issuing Authorities. A driver is not
entitled to more than one valid Driver card.
26. The best practice recommendation is that Member States should have checks in place
to ensure that Driver cards are issued to drivers who:
hold a current valid driving licence (with correct vehicle category entitlement i.e. all
categories except category A)14
do not already hold a valid Driver card15
pass identity checking requirements16
Meet the residency rules of normal residence.17
ALTERNATIVE APPROACH
28. Companies could submit applications for Driver cards on their Drivers behalf,
however the application would need to be authorised by the Driver and identity
documentation provided. Responsibility for method of payment for the card would
need to be considered.
29. Individual applications by drivers may be sent together by a company to the card
issuing authority.
WORKSHOP CARD
MANDATORY REQUIREMENTS
Article 12 Point 1 Para 1 - Recording equipment may be installed or repaired only by fitters or
workshops approved by the competent authority of Member States..
Article 12 Para 1: The period of administrative validity of approved workshop and fitter cards shall
not exceed one year.
Annex 1 B Req. 213: The workshop card shall be able to store a personal identification number
(PIN Code)
14
Regulation 2135/98 Article 14 4(b)
15
Regulation 2135/98 Article 14 (d)
16
Regulation 2135/98 Article 14 4(a)
17
Regulation 2135/98 Article 14 3(a)
BEST PRACTICE RECOMMENDATION
31. Member States should have checks in place to ensure that Workshop cards are only
issued to applicants who:
are approved (by the issuing Member State) Workshop fitters, recording
equipment manufacturers, vehicle manufacturer or workshops;
Not entitled to a Company card, unless duly justified.18 The requirement of the
Annex 1B Chapter VI ("Approval of fitters or workshops"), dealing with "Checks,
Inspection and Repairs" means that if the competent authority having to approve the
workshops (like the Ministry of Industry in France, VOSA in UK, etc...) decide to
approve a transport company as a workshop, this company will be put on the list of the
approved workshops to which workshop cards will have to be issued by the CIA. It
will be up to the approval authorities to ensure the compliance of these transport
companies/approved workshops against the requirements laid down for them to be
approved.
32. The Workshop card is issued by the authorities of a Member State to a recording
equipment manufacturer, a fitter, a vehicle manufacturer or workshop, approved by
that Member State.
33. It has been suggested that vehicle manufacturers in non-EU countries may require a
workshop card to activate the Vehicle Unit, as a VU may be fitted at the same time
as the dashboard is fitted and therefore would require activation. However,
activation/calibration should be done when the vehicle reaches the EU. The
agreement of the Task Force is that a workshop card could only be issued if the MS
approved the workshop or vehicle manufacturer in that non-EU country.
Question: Neither Regulation (EC) n 2135/98 nor Regulation (EC) n 1360/2002 forbid a
fitter approved in a country A and issued with a workshop card by the competent authorities
of this MS, to activate and calibrate VUs in a country B with the workshop card issued by
the MS A.
Do the national laws covering the approval of workshops forbid such a use of the workshop
card? By fitters? By workshops? By vehicle manufacturers? By tachograph manufacturers?
18
Annex 1B Chapter VI Point 1
Answer may be important if workshop cards are not available in some countries where
vehicles may be registered and put into service without the VU to be activated or calibrated.
34. In some Member States a Workshop fitter can work in more than one Workshop. In
these cases, Member States should have checks in place to ensure it is acceptable to
issue more than one Workshop card to one fitter. Under such circumstances, the
structure of the cardholder records on national databases should clearly indicate upon
enquiry that other cards are held by one person.
The Workshop should be made responsible for the return of cards if/when fitters
leave their employment;
If the card cannot be returned (i.e. lost/stolen, malfunctioning but not returned), the
Workshop is obliged to notify the Card Issuing Authority;
In the case of non personalised Workshop cards, the issuing of additional cards
must be avoided;
Security of distribution of the PIN to be considered (i.e. registered mail). The PIN
should be issued to individual fitters under separate cover of the card, preferably to
the fitters home address. A PIN unlocking mechanism is outside the scope of the
technical specification, therefore, if the Workshop fitter has 5 consecutive
unsuccessful PIN entries, the card becomes non-valid.19
Full details on Workshops can be found in the IDT Project document Guidelines to
Approve Workshops.
ALTERNATIVE APPROACH
35. Some Member States may not personalise Workshop cards. Applications can be
expected from Workshop body. This body needs to ensure that the cards are issued
to agreed workshops and fitters only.
19
Annex 1B Appendix 10 ACT_302
CONTROL CARD
36. Applicants should be authorised persons responsible for the enforcement of the
tachograph system.
37. Member States should have checks in place to ensure that Control cards are issued to
applicants who:
ALTERNATIVE APPROACH
39. Some Member States may not personalise Control cards. Applications can be
expected from the Control body. This body needs to ensure that the cards are used
by authorised officers only.
COMPANY CARD
(See also Company Card Checks)
40. Applicants should be the owner, operator or holder of vehicles fitted with recording
equipment.
41. Member States should have checks in place to ensure that Company cards are only
issued to applicants who pass specific Company card checks (see Company Card
Checks section).
42. Some Member States may not personalise Company cards. Applications can be
expected from the Company body.
MANDATORY REQUIREMENTS
Annex 1(B) VI Point 1 workshop cards will be issued only to fitters and/or workshops approved
for the activation and/or the calibration of recording equipment in conformity with this annex and,
unless duly justified: who are not eligible for a company card.
43. The Regulation does not prevent the issuing of more than one card type to one
person. An example would be a Workshop fitter who owns his own vehicle and
would therefore require a Workshop, Company and Driver card.
44. However, Member States must ensure they consider the implications of issuing more
than one type of card to one person.
45. The Workshop card enables re-calibration of the Vehicle Unit, therefore particular
consideration should be given to the issuing of a Workshop card to a person that
holds/requests other types of card.
46. Annex 1(b) refers to the holding of Company and Workshop cards. It is
recommended that, where possible, card issuing authorities:
are able to identify instances where more than one type of card is held by one person
FIRST ISSUE
47. Data should be captured and stored in the database when the Card Issuing Authority
receives and verifies the application. The relevant information from the tachograph
record must be made available to another Member State when on line TACHOnet
enquiry is made (driver card).
50. Application forms could not be standardised throughout Member States but they
would have common elements (specified under Data Items).
51. Forms could be placed at any location convenient for Drivers, such as:
administrative desks (this could include Post Offices, Test Centres, Police Stations)
Chambers of Commerce
Unions
Hauliers organisations etc
52. The card issuing authority should provide a choice of application methods to the
customer. The ability to use the different methods may be dependent on the types of
application involved i.e. First Application, Renewal, Exchange, Replacements.
53. Application forms should be microfilmed or scanned. In some Member States the
application form may only be kept for the period of validity of the card. A copy of
the application form should be made available for any TACHOnet card issuing
queries or legal/prosecution cases.
RENEWAL OF TACHOGRAPH CARDS
(Driver & Company Cards)
Pre-printed details (e.g. tachograph card number) on a reminder form would be more
customer friendly and ease the renewal process by enabling scanning of the forms for
speedy and efficient data capture.
Easier to manage the requirement for the card to be issued by the expiry date
(provided the applicant applied within 15 days of expiry, as required by the
Regulation) as reminders could be issued possibly 3 months prior to expiry of the
card.20
ALTERNATIVE APPROACH
55. Not all Member States will send application reminders prior to expiry of the card.
Some Member States have decided not to issue reminders for the following reasons:
If someone does not receive a reminder they will blame the Card Issuing Authority for
not having card to use;
Some Member States do not send reminders for the driving licence.
20
Article 15 para 2
DEFINITION
56. Exchange of a tachograph card occurs when there is a change of administrative data.
Examples are change of name due to marriage; change to address of a Driver,
Company, Workshop or Control body.
DRIVER CARD
57. It is essential that Driver card applicants return to the card issuing authority, existing
driver cards when an exchange is carried out. This is to ensure not more than one
card is held by the applicant. It is important this is done. If the Driver card is not
returned with the application for exchange it will be difficult to retrieve the old card
and the driver may use both. Some Member State may have an over the counter
service so the driver can simply hand in his/her old card before being handed the
new card. The driver will need to ensure his card is downloaded by the Company
prior to exchange.
MANDATORY REQUIREMENTS
59. The visible data required for all tachograph cards is documented in Annex 1(B)
Chapter IV Construction and Functional Requirements for Tachograph Cards.
Article 14 4(a) Para 1 the competent authority of the Member State shall personalise the driver
card in accordance with the provisions of Annex 1B
60. Therefore, Member States must ensure the relevant data is provided by the applicant
for validation of the application and display on the card and in the chip.
DRIVER CARD
61. The following are optional data items that would need to be requested and/or
captured for the issuing of a tachograph card:
Title
Surname
Forename(s)
Sex Male/Female
Requested Start Date (some MS may want to issue a card in advance of the date
the driver will want to use it i.e. on holiday, new job etc and will not want to
pay for a period on the card when it will not be required).
Fee
Remittance Type
Cheque/PO Number
Photograph Pocket/Holder
Residency declaration
62. Comprehensive and clear notes for guidance should always be provided.
Surname
Forename(s)
Sex Male/Female
Fee
Declaration of truth signed by the applicant (in the case of non personalised
cards,
by the owner/director/partner/manager/Company secretary/workshop
owner/enforcement supervisor etc)
63. Comprehensive and clear notes for guidance should always be provided.
64. Data requirements for forms may vary slightly from one Member State to another,
depending on whether cards are personalised/not personalised and data stored on the
database.
65. Some Member States may not require certain data elements i.e. driving licence
number (for issue of a Company card), Personal Public Service Number (PPSN),
cheque/PO number, residential declaration.
PROCESS TIMES FOR ISSUE
MANDATORY REQUIREMENTS
DRIVER CARD
Replacement
66. The Driver must apply to his Card Issuing Authority for a replacement within seven
calendar days of it being lost/stolen/malfunctioning but not returned.
Article 15 Point 1 Para 4 states If the driver card is damaged, malfunctions or is lost or stolen, the
driver shall apply within seven calendar days for its replacement to the competent authorities of the
Member State in which he has his normal residence.
67. Member States must supply a Replacement Driver card within 5 working days of
receiving an application. This would be based on the application being valid.
Article 14 Point 4 (a) Para 5 - If the driver card is damaged, malfunctions or is lost or stolen, the
authority shall supply a replacement card within five working days of receiving a detailed request to
that effect:
Renewal
68. Provided the driver applies to renew his Driver card within 15 days of its expiry
date, Member States must renew that card before the expiry date of the previous
card is reached.
Article 14 Point 4(a) Para 6 In the event of a request for the renewal of a card whose expiry date is
approaching, the authority shall supply a new card before the expiry date provided that the request
was sent to it within the time limits laid down in the second subparagraph of article 15(1)
Article 15 Point 1 Para 2 Where a driver wishes to renew his driver card, he shall apply to the
competent authorities of the Member State in which he has his normal residence not later than fifteen
working days before the expiry date of the card.
What if the driver does not apply within the deadline?
WORKSHOP CARD
Replacement
69. Member States must supply a Replacement Workshop card within 5 working days of
receiving an application. This would be based on the application being valid.
DRIVER CARD
70. The validity of the driver card application should be based on:
The applicant having supplied all the necessary details, including fee;
The applicant holding a current valid driving licence;
The applicant holding the relevant driving category entitlement (all categories except
WORKSHOP CARD
71. The validity of the Workshop card application should be based on:
CONTROL/COMPANY CARD
75. There are no mandatory requirements set out in the Regulation on process times for
Control and Company card issue.
APPLICATION VALIDATION
PERSONALISATION
MANDATORY REQUIREMENTS
DRIVER CARD
72. It is mandatory that Driver cards be personalised. Personalisation in the case of the
Driver card includes surname, first name, image, signature, date of birth, driving
licence number.
Article 14 4 (a) the competent authorities of the Member State shall personalise the driver card in
accordance with the provisions of Annex 1B21.
WORKSHOP CARD
Surname and first name printed on the card22 and placed on the chip23
Surname, first name, image and signature printed on the card. Surname and first name
placed on the chip.
74. Member States may display a photograph on the Workshop card as an added security
feature.24
75. A PIN number is issued with a Workshop card, to the cardholder. The PIN number
should be sent to the cardholder via mail separately to the card.
76. The Workshop Manager should have overall responsibility for the fitters.
21
Annex 1B Chapter 1V Req 175
22
Annex 1B Chapter 1V Req 175
23
Annex 1B Appendix 2 TCS 408
24
Annex 1B Chapter IV Req 181
77. The advantages of issuing personalised Workshop cards are:
personal workshop cards should offer a better guarantee for trace-ability/audit trail
personalised cards should encourage workshop fitters to take greater
responsibility/accountability for the card
increase the effectiveness of any spot checks and inspections
CONTROL CARD
Surname and first name printed on the card25 and placed on the chip26
Surname, first name, image and signature printed on the card. Surname and first name
placed on the chip.
80. Some Member States may personalise some Control cards and not others. For
example, some may personalise the Control cards of the Vehicle Inspectors but not
the Police.
COMPANY CARD
81. It is for Member States to decide whether they personalise Company cards. The
number of cards that can be issued to a Company is restricted by the Company card
number27. It is important that this is not further restricted by personalisation.
25
Annex 1B Chapter 1V Req 175
26
Annex 1B Appendix 2 TCS 413
27
Annex 1B Chapter II Req 011
IDENTITY CHECK
MANDATORY REQUIREMENT
DRIVER CARD
Article 14 4 (f) Member States shall take all the necessary measures to prevent any possibility of
driver cards being falsified.
WORKSHOP CARD
Article 12 Point 1 Para 5 Member States shall take any measure necessary to prevent the cards
distributed to approved fitters and workshops from being falsified.
82. It is recommended that, for all personalised cards, identity of the applicant should be
verified.
83. Provided identity checking is carried out on first application and the image is stored
in a database, the applicant would not be required to resubmit identity documentation
unless there are any subsequent personal detail changes (example - change of name
through marriage marriage certificate to be provided).
84. Some Member States may have to request proof of identity for subsequent
applications if they do not store the image etc on the database.
ALTERNATIVE APPROACH
85. Applicants should be given a choice of service for the provision of identity
documents for checking. This includes:
Birth certificate
87. The recommendation is that the identity checks should be carried out before the card
is authorised for issue. However, some Member States will perform the identity
check after card production and as part of the delivery phase. Some Member States
may perform the identity check at both stages.
88. The disadvantage of checking after card production is that the Member State will
have carried out all the other checks (other Member States databases, driving licence
etc) and created the card before the identity of the individual is confirmed. Should
there be a problem with the identity check, this work (and the associated costs) will
be nugatory.
RESIDENCY CHECKS
MANDATORY REQUIREMENT
Article 14 point 3 para 1 The driver card as defined in Annex 1B shall be issued, at the request of
the driver, by the competent authority of the Member State where the driver has his normal
residence.
Article 14 point 3 para 2 A Member State may require any driver subject to the provisions of
Regulation (EEC) No 3820/85 and normally resident on its territory to hold a driver card.
Article 14 (3) (a) For the purposes of this Regulation normal residence means the place where a
person usually lives, that is for at least 185 days in each calendar year, because of personal and
occupational ties, or, in the case of a person with no occupational ties, because of personal ties
which show close links between that person and the place where he is living.
However, the normal residence of a person whose occupational ties are in a different place from his
personal ties and who consequently lives in turn in different places situated in two or more Member
States shall be regarded as being the place of his personal ties, provided that such person returns
there regularly. This last condition need not be met where the person is living in a Member State in
order to carry out a fixed term assignment.
(b) Drivers shall give proof of their place of normal residence by any appropriate means, such as
their identity card or any other valid document.
(c) Where the competent authorities of the Member State issuing the driver card have doubts as to
the validity of a statement as to normal residence made in accordance with point (b), or for the
purpose of certain specific controls, they may request any additional information or evidence.
89. Tachograph cards will be issued to applicants within the Member State of their
normal residence, which means the Member State where the person usually lives at
least 185 days in each calendar year.
90. Consequently, Card Issuing Authorities shall make sure that the applicant fulfils the
condition of residency defined by the Regulation.
91. Both the Directive on driving licences (96/47/EC) and the Regulation on tachographs
require normal residence, therefore, both addresses should ideally be the same on
a national level.
Quid of the drivers who do not have their normal residence in the EU?
ALTERNATIVE APPROACH
92. If the applicant holds a driving licence issued by another EU Member State,
provided the licence remains valid or for certain periods set out by the driving
licence issuing authority, he can continue to use it until legally required to exchange.
93. When a driver has moved from one Member State to another but cannot prove the
185 days of residence, other criteria shall be used to define the normal residence of
the driver. Normal residence shall be determined in the context of an overall
assessment by reference is that where the permanent centre of interest of the driver
is located. The driver needs to prove that he intends to be resident for 185 days,
meaning he has to give evidence of his (her) occupational or personal ties in the new
MS.
94. The Regulation does not specify that a driver must exchange his driver card when
becoming resident in another Member State. However, when the card expires or is
lost or stolen, he/she would need to apply for a new card.
95. When a driver moves from one Member State to another he needs to prove that the
new MS is his normal residence in the place where he normally lives and that he
intends to be resident for 185 days. Proof28 could be in the form of (this is not an
exhaustive list):
Certificate of residence
Work Permit
utilities bill (electric, water, telephone), - unlikely to be adequate proof alone but
may require other supporting documentation
bank statement, - unlikely to be adequate proof alone but may require other
supporting documentation
current notification of tax coding, - unlikely to be adequate proof alone but may
require other supporting documentation
28
Regulation (EC) n 2135/98 Article 14 3(b) & (c)
National Identification Number (examples - National Insurance Number, Personal
Public Service Number)
MANDATORY REQUIREMENTS
96. Any Company or self-employed driver operating vehicles within the scope of
Regulation (EEC) n 3820/85 is entitled to a Company card.
97. There are different views on the risks associated with the issue and accountability
requirements connected with Company Cards. Concerns exist over the possibility of
bogus company cards in circulation, which could severely undermine one of the
basic tenets of drivers hours enforcement, which is that the company is equally
responsible for offences.
99. The card issuing centres should have access to the relevant databases.
APPLICATION DATA ENTRY &
VALIDATION AGAINST PERMANENT
RECORD
NAME AND ADDRESS DETAILS
MANDATORY REQUIREMENT
Printing of the name and postal address on the Control, Company and Workshop
card is mandatory.
DRIVER CARD
101. Printing of the normal place of residence, or postal address on the Driver card is
optional.
102. The recommendation is that the Drivers current address details should be printed on
the card. This helps to ensure that:
103. The name details shown on the driver card should be the same as shown on the
driving licence and be in full, as far as possible.
104. 35 characters of the address are to be embedded in the Integrated Circuit (IC) of
Control, Company and Workshop cards. Some Member States would include
property number and postcode, a full address can be established from these 2 data
items if required.
ALTERNATIVE APPROACH
105. Some Member States may not print address details on the card, for various reasons
including privacy. However, the address details will be stored in the database.
DRIVING LICENCE CHECK
DRIVER CARD
MANDATORY REQUIREMENT
Article 14 Point 4 (b) Driver cards shall be issued only to applicants who are subject to the
provisions of Regulation (EEC) 3820/85
Article 14 4c The Driver card shall be personal. It may not, during its official period of validity,
be withdrawn or suspended for whatever reason unless the competent authority of a Member State
finds that the card has been falsified, or the driver is using a card of which he is not the holder, or
that the card held has been obtained on the basis of false declarations and/or forged documents. If
such suspension or withdrawal measures are taken by a Member State other than the Member State
of issue, the former shall return the card to the authorities of the Member State which issued it and
shall indicate the reasons for returning it.
106. On receipt of First Application, Exchange and Renewal applications for a Driver
card, Member States must ensure:
The applicant holds a current valid driving licence (all categories except category
A).
The relevant driving category entitlement is held by the applicant
107. The Driving Licence number, at the date of issue of the Driver card, must be
displayed on the Driver card.29
108. In some Member States, tachograph card issue will be carried out by the Driving
Licence Issuing Authority (example: U.K and Sweden). In some Member States,
tachograph card issuing will be carried out by a separate body but a link will be
arranged for the purpose of checking driving licence information (example: Germany
and Netherlands).
109. Although Member States should only issue Driver cards to those applicants that have
a current valid driving licence with the correct vehicle category entitlement, the
Regulation does not allow recall of the Driver card if the driving licence becomes
invalid after it has been issued.
29
Annex 1B Chapter IV Req 175
Change of Driving Licence Number
110. The driving licence number could change after issue of the driver card.
111. Checks to be carried out to establish validity of driving licence prior to issue. If the
driving licence number has changed the new driving licence number should be
printed on the card for Exchange (change of administrative data) and Renewal
(renewed card)
112. Mechanisms must be in place to ensure driving licence records and smart tachograph
records are kept in sync for enquiry purposes. This is vital to ensure cross-
references are made (to the driving licence number details) when an enquiry is made
on a smart tachograph driver card record, where the card displays an outdated
driving licence number.
113. In the case of a foreign licence holder applying for a tachograph card, Member
States must check with host driving licence issuing Member State that the driver is
not disqualified and that correct vehicle category entitlement is held.
114. It is possible that a driver may move from one Member State to another, meet the
185-day rule and apply for a driver card using his foreign driving licence. If the
driver holds an EU driving licence it is not mandatory to exchange it. This is one
type of application that can be checked via TACHOnet by input of personal details
(as it is possible a driver may hold more than one driving licence).
115. In some cases it will be possible to confirm the validity of the driving licence during
a TACHOnet check. Alternative arrangements for checking driving licence validity
for those Member States who will not provide this information via TACHOnet.
How?
116. The MS that issued the driving licence would also confirm whether a Driver card
could be issued and would record on their database which MS had issued the card
(The Luxembourg Agreement). The Member State issuing the Driver card must print
the foreign driving licence number in the driving licence number field on the
card. Note: it is important that where a driver does exchange his licence, the
driving licence issuing authority is informed.
117. The scenario also exists where a person could move from a non-EU Member State
i.e. USA, meet the 185-day rule and require a tachograph card. The person could
drive for up to one year in the EU using his ordinary driving licence (if the person
held a vocational driving licence they would have to resit the test). Therefore, a
driver card would have to be issued displaying the foreign driving licence number
i.e. USA driving licence number. The card chip would need to contain driving
licence issuing nation, driving licence issuing authority and driving licence number.
The driver card caters for a 16-digit driving licence number but some American
State driving licence numbers can be longer. It was agreed that the fields would need
to display the maximum amount of information.
ALTERNATIVE APPROACH
118. Some Member States may also carry out the driving licence validity check before
issue of a Replacement driver card.
119. Some Member States may not have a link with the driving licence authority and the
applicant will be asked to provide the original driving licence with the application.
However, it must be remembered that this may lead to fraudulent applications in that
the applicant may not produce a current driving licence. This will also provide
problems when a Member States wishes to establish the driving licence validity in
another Member State when there is no link to the driver licence data.
120. Applicants for Workshop, Control, and Company cards are likely to be driving
licence holders but a driving licence is not a pre-requisite for these cards.
IMAGE CAPTURE
MANDATORY REQUIREMENTS
123. The displaying of an image on Control, Workshop and Company card is optional.
Some Member States will display a photograph on the Workshop card as an added
security feature.30
124. Member States must have a facility to capture electronically the photograph and
signature of an applicant. Member State to apply its own rules on how often the
image of the person should be updated. If a person asks to update his image he
should be allowed to do so.
WORKSHOP CARDS
30
Annex 1B Chapter IV Req 181
personal workshop cards should offer a better guarantee for trace-ability
Personalised cards should encourage workshop fitters to take greater
responsibility/accountability for the card.
increase the effectiveness of any spot checks and inspections
CONTROL CARDS
127. Control cards could be personalised. Advantages of issuing personal control cards:
128. Some member states may personalise some control cards and not others. For
example, some may personalise the control cards of the vehicle inspectors but not
the police.
COMPANY CARDS
129. It is for Member States to decide whether they personalise Company cards. The
number of cards that can be issued is restricted by the Company card number. It is
important that this is not further restricted by personalisation.
ALTERNATIVE APPROACH
130. Some Member States may not store images, however this:
131. The Regulation does not prevent one person holding all 4 cards (although this
scenario is unlikely to occur). However, it is recommended that card issuing
authorities are able to identify instances where more than one type of card is held.
Particularly important are cases where:
Annex 1(B) VI Point 1 workshop cards will be issued only to fitters and/or workshops approved
for the activation and/or the calibration of recording equipment in conformity with this annex and,
unless duly justified: who are not eligible for a company card.
132. It is also possible for a Workshop fitter to hold more than one Workshop card as
some fitters work for more than one Workshop.
133. Checks must be in place to identify when one person is holding more than one card.
The issuing authority to have agreements with the Controllers on whether they
require information on:
134. It should be agreed with the Control body whether their authorisation is required
prior to issue of the card.
VERIFYING UNIQUENESS OF THE DRIVER CARD
(TACHONET)
MANDATORY REQUIREMENT
DRIVER CARD
Article 14 Point 3 (d) - The competent authorities of the issuing Member States shall, as far as this
can be done, ensure that the applicant does not already hold a valid driver card.
Article 14 4(a) Para 3 The driver may hold one valid driver card only. The driver is authorised to
use only his own personalised driver card. The driver shall not use a driver card which is defective or
which has expired.
Article 14 4 (d) Para 1 Driver cards issued by Member States shall be mutually recognised.
Article 14 4 (d) para 2 Where the holder of a valid driver card issued by a Member State has
established his normal place of residence in another Member State, he may ask for his card to be
exchanged for an equivalent driver card; it shall be the responsibility of the Member State which
carries out the exchange to verify if necessary whether the card produced is actually still valid.
Article 14 4 (d) para 3 - Member States carrying out an exchange shall return the old card to the
authorities of the Member State of issue and indicate the reasons for so doing.
Article 14 4 (e) para 4 Where a Member State replaces or exchanges a driver card, the
replacement or exchange, and any subsequent replacement of renewal, shall be registered in the
Member State.
Article 16 Point 3 Para 4 Where the authorities of the Member State in which the driver has his
normal residence are different from those which issued his card and where the latter are requested to
renew, replace or exchange the driver card, they shall inform the authorities which issued the old
card of the precise reasons for its renewal, replacement or exchange.
135. Member States must have checks in place to ensure, as far as is possible, that a
driver cannot hold two valid driver cards.
Driver Card Data Exchange
136. The data exchange requirements seen to be necessary in order to satisfy regulatory
requirements (to ensure that as far as is reasonable that a Driver does not hold more
than one valid tachograph card and to update the card record concerning change of
status) are displayed in the tables below.
The Driver has a current valid driving licence with the correct vehicle category
entitlement.
For enforcement purposes where roadside checks would be made on the record
138. The instances where a TACHOnet check will be carried out are:
First Application
Exchange
See above
139. In the case of First Application, some Member States will choose to check with all
other Member States that the applicant does not already hold a valid Driver card.
Some Member States will choose to carry out a random search of this application
type. Provided the Luxembourg Agreement is followed, both methods are
approved. In the case of Exchange, the CIA needs to check with the issuing
Member State that the Driver card is still valid.
140. Availability of Member States systems is critical for enquiry purposes. The
requirements vary from real time responses (i.e. 2 seconds) to those handled in batch
mode.
First Issue/Exchange
141. The following table shows the input data when checking a first application or
exchange via TACHOnet:
DATA INPUT
REPLY DATA
Surname Mandatory
Forename Mandatory
31
Getronics DG TREN TACHOnet XML Messaging Reference Guide Page 15
Place of Birth Optional
143. Where there is a multi hit, a timeout or a server error, Member State contact
information will also be provided. The details provided will be Fax number, Phone
number and E-mail address.
Luxembourg Agreement
144. When the CIA issues a Driver card to a driver with a foreign driving licence, the
CIA will send a message to the CIA in the host driving licence Member State to say
a card has been issued. CIAs which are connected to the driving licence database
could then identify the driver by means of the driving licence number. Some CIAs
intend to update the tachograph card database with the information that a Driver card
has been issued for the driver in a country according to the message. This message
would be sent under the send issued card information for a driving licence shown
in the Getronics XML messaging document.
145. In the majority of cases an application for a Driver card will be received from those
drivers that hold a domestic issued driving licence. In those cases, the CIA need not
check with other Member States whether a Driver card has already been issued. This
is provided the CIA holds information on all issued driver cards, where the driving
licence was issued by this Member State (as described above in para 147). Due to
the fact it is possible to fraud the system if the driver holds valid driving licences
issued in more than one Member State, those Member States using this method
should carry out random checks (for instance every 50 or 100 application forms).
146. In cases where an application for a driver card is received from a driver with a
foreign driving licence the CIA should check with all other MS that the driver does
not already hold a driver card
STATUS MODIFICATION
Lost/Stolen/Malfunctioning/Confiscated/Suspended/Withdraw/In
Exchange/Exchange
147. The competent authority of a Member State that can withdraw cards could be the
card issuing authority or the enforcers32. However, the enforcer can only send the
message via TACHOnet, the database must be updated by the CIA.
32
Regulation (EC) n 2135/98 Article 14 4 (c)
MODIFICATION OF CARD STATUS
Both Driver and Workshop card status can be checked via TACHOnet
Found
Not Found
Timeout
Server Error
Workshop Card Status Not Available
CIA Mandatory
Name of CIA having issued the card
Start of Validity Date Mandatory
Expiry Date Mandatory
Status Modified At Mandatory
Application
Rejected
Approved
Personalised
Despatched
Handed Over
Confiscated
Suspended
Withdrawn
Surrendered
Lost
Stolen
Malfunctioning
Expired
Replaced
Renewed
InExchnage
Exchanged
One of the status Approved, Personalised, Despatched and Handed Over is mandatory
to use.
ALTERNATIVE APPROACH
In some circumstances e.g. technical reasons, it is an alternative approach to not use the
status Application.
A full list of card status and their definitions is attached as an Annex to this document.
WORKSHOP CARD INFORMATION TO EU
COMMISSION
MANDATORY REQUIREMENT
148. A list of approved fitters and workshops and the workshop card numbers that have
been issued to them must be forwarded to the EU Commission.
Article 12 Point 2 -..The competent authorities of each Member State shall maintain a register of
the marks and electronic security data used and of approved workshop and fitter cards issued.
Article 12 Point 3 - The competent authorities of the Member States shall forward to the
Commission the list of approved fitters or workshops and the cards issued to them and shall forward
to it copies of the marks and of the necessary information relating to the electronic security data
used.
149. It is for MS to decide who within their country, provides this information to the EU
Commission.
CARD VALIDITY PERIOD
MANDATORY REQUIREMENT
DRIVER CARD
150. Driver cards shall have a validity period of not more than 5-years.
Article 14 4(a) para 2 For administrative purposes, the driver card may not be valid for more
than five years.
WORKSHOP CARD
151. Workshop cards shall have a validity period of not more than one year.
Article 12 Point 1 Para 2 The period of administrative validity of approved workshop and fitter
cards shall not exceed one year.
152. The Regulation does not specify a validity period for Control and Company cards.
33
Article 14 4(a) Para 2
34
Article 12 Point 1 Para 2
Company card 5 year validity period
154. In most circumstances, a card could be issued before its start date. The card could
not be used until the start date because the date recorded on the chip would not have
been reached and the vehicle unit would recognise this.
155. A replacement card will have the existing validity period when the card is reissued,
even if there is a very short validity period remaining on the card.
156. Expired cards need not be returned to the card issuing authority as:
157. There is nothing to prevent issuing a renewed card before the current card has
expired (i.e. no issue over driver holding two cards) as:
158. In fact, the Regulation requires that the card must be provided to the applicant in
advance of its start date (see section on Turnaround Times).
159. For the different card types, the validity periods would be:
160. Surrender markers could also be placed on the CIA database to indicate on the
electronic record when a card has been handed in by a driver to his CIA before the
card has expired i.e. because he no longer requires it. This would show the card as
invalid upon enquiry.
161. On all card types the card face, chip and certificate must have an expiry date. There
is no commencement of validity date in the certificate on the chip.
CONTROL CARDS
163. Some Member States (UK and Ireland) will have a 2-year validity period for the
Control card.
COMPANY CARDS
164. Member States are invited to issue 5 years validity company cards as it might be
difficult or impossible to justify the resulting additional costs to companies of a
shorter validity period.
165. However, it is inevitable that Member States may have differing validity periods for
Control and Company cards.
ALTERNATIVE APPROACH
166. Economic issues may require some Member States to have alternative validity
periods.
ASSIGNMENT OF CARD NUMBER
MANDATORY REQUIREMENT
167. A 16-digit digital tachograph card number must be assigned automatically on every
card issued. The number must be visibly displayed on the card itself and also on the
chip. Digits 14, 15 and 16 to be set to zero on first issue of the card.
Characters
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
Card Number
Annex 1B - Definitions
Card Number a 16 alphanumerical character number that uniquely identifies a tachograph card
within a Member State. The card number includes a consecutive index (if applicable), a replacement
index and a renewal index. A card is therefore uniquely identified by the code of the issuing
Member State and the card number.
Annex 1B - Definitions
Card Consecutive Index the 14th alpha numerical character of a card number that is used to
differentiate the different cards issued to a company or body entitled to be issued several smart
tachograph cards. The company of the body is uniquely identified by the 13 first characters of the
card number.
Annex 1B - Definitions
Card Replacement Index the 15th alphanumerical character of a card number which is incremented
each time a card is replaced.
Article 14 point 4 (a) para 4 When a new driver card is issued replacing the old, the new card
shall bear the same driver card issue number but the index shall be increased by one. The issuing
authority shall keep records of issued, stolen, lost or defective driver cards for a period at least
equivalent to their period of administrative validity.
Article 12 Point 1 Para 4 Where a new card is issued to replace an old one, the new card shall
bear the same workshop information number, but the index shall be increased by one. The
authority issuing the card shall maintain a register of lost, stolen or defective cards.
Annex 1B - Definitions
Card Renewal Index the 16th alpha numerical character of a card number which is incremented
each time a card is renewed.
DRIVER CARD
168. Some Member States may process a Replacement application as a Renewal if there is
a short validity period remaining on the lost/stolen/malfunctioning card. The
recommendation is that it be no more than 2 months. In these cases, the Renewal
index will be incremented.
COMPANY CARD
169. Issues exist over the flexibility of the card index number. For example, the Card
Consecutive Index, used to differentiate the different cards issued to a company
entitled to several cards has an upper limit of 62.
170. The first 13 characters of the 16 alphanumeric number must be identical for one
company in order to lock in/lock out and download data from the VU. The 14th
character (consecutive index) is specified in Annex 1B as 0 - 9, a - z, A - Z
restricting the number of cards issued to one company to 62.
171. The transport industry has confirmed that some companies will require more than 62
company cards. Task Force 1 put forward a suggestion to use the Replacement
index to increase the number of cards that can be issued. Annex 1B states the
replacement index is 0 - 9, A - Z which would increase the number of cards issued
by 36.
172. This solution means the number of cards issued could be 62 X 36 = 2232.
173. Note: the UK Royal Mail service, Consignia, is likely to require the largest number
of company cards. They have 5,000 operator licence vehicles based at 600 operating
centres and say they would require 2 cards per centre = 1200. If cards were
lost/stolen/malfunction but not returned the UK would simply issue the next index.
174. This proposal has been agreed by the EU Commission (Mr Hilbrecht letter dated 31
July 2003).
BLACKLIST DETAILS
These details will not be in the form of a separate
blacklist but will be part of the card issuing database.
175. Card issuing authorities must maintain records of cards which are:
Lost
Stolen
Malfunctioning
Withdrawn
Suspended
DRIVER CARD
Article 14 point 4 (a) para 4 When a driver card is issued replacing the old, the new card shall
bear the same driver card issue number but the index shall be increased by one. The issuing
authority shall keep records of issued, stolen, lost or defective driver cards for a period at least
equivalent to their period of administrative validity.
WITHDRAWN/SUSPEND
a suspension means that the card has been taken off from the driver for a certain
period of time but remains legally valid. Concretely, the driver does not need to
apply for another card. He has to wait for the investigation of the enforcer to be
finished before possibly getting his driver card back.
a withdrawal means that the card is permanently taken off the driver and should the
driver want to get a new card, he will have to apply for it. The card withdrawn is
therefore not valid anymore.
LOST/STOLEN
MALFUNCTIONING CARDS
178. All malfunctioning cards must be returned to the Card Issuing Authority, where
possible.
???
179. Malfunctioning Cards whether returned to the CIA or not, shall be processed as
Replacements.
WORKSHOP CARD
Article 12 Point 1 Para 4 Where a new card is issued to replace an old one, the new card shall
bear the same workshop information number, but the index shall be increased by one. The
authority issuing the card shall maintain a register of lost, stolen or defective cards.
ALTERNATIVE APPROACH
DRIVER CARD
180. Member States need to agree their own policy/rules on how they deal with repeated
requests for Replacement cards. One suggestion is that Control authorities be
notified of repeated requests for Replacement cards.
182. It is suggested that the driver be informed that enforcement action may be carried
out.
Driver Card Suspension/Withdrawal
183. The regulation clearly defines the reasons why Member States Card issuing
authorities will be authorised to suspend or to withdraw driver cards. The principle
is that the driver card may not during its official period of validity, be withdrawn or
suspended for whatever reason unless the competent authority of a Member State
finds that:
the card held has been obtained on the basis of false declarations and/or forged
documents
Article 14 4(c) - The driver card shall be personal. It may not, during its official period of validity,
be withdrawn or suspended for whatever reason unless the competent authority of a Member State
finds that the card has been falsified, or the driver is using a card of which he is not the holder, or
that the card held has been obtained on the basis of false declarations and/or forged documents. If
such suspension or withdrawal measures are taken by a Member State other than the Member State
of issue, the former shall return the card to the authorities of the Member State which issued it and
shall indicate the reasons for returning it.
WORKSHOP CARDS
184. A warning may need to be placed on Card Issuing Authority database records to
prevent issue of cards i.e. where a Workshop fitter is not permitted to hold a card
because he is no longer approved. Card Issuing authorities to agree this requirement
with their approval authorities.
185. If a card is lost or stolen, the driver to notify the card issuing authority in his home
Member State immediately for the information to be placed on the blacklist.
186. As cards can be withdrawn because of false declaration made by the applicant,
copies of the drivers application needs to be held at the Card Issuing Authority.
CARD REPLACEMENT
MANDATORY REQUIREMENT
DRIVER CARD
NOTIFICATION OF LOSS/THEFT
188. If a card is stolen, the competent authority must be informed in the Member State
where it was stolen.
Article 16 Point 3 Para 1 If a driver card is damaged or if it malfunctions, the driver shall return
it to the competent authority of the Member State in which he has his normal residence. Theft of the
driver card shall be the subject of a formal declaration to the competent authorities of the state
where the theft occurred.
189. If a card is lost or stolen, the driver to notify the card issuing authority in his home
member State immediately for the information to be updated on the record.
Article 16 Point 3 Para 2 - Loss of the driver card must be reported in a formal declaration to the
competent authorities of the state that issued it and to the competent authorities of the Member State
of normal residence where they are different.
190. If a card is lost or stolen, the driver to apply within seven calendar days to the
issuing authority. The Driver record to record the date the card was lost/stolen.
Article 15 Point 1 Para 4 If the driver card is damaged, malfunctions or is lost or stolen, the
driver shall apply with seven calendar days for its replacement to the competent authorities of the
Member State in which he has his normal residence.
35
2135/98 Article 14 4(a)
191. The Driver may continue to drive up to a period of fifteen calendar days without a
Driver card, or longer if it is necessary for the vehicle to return to its premises.
Article 16 Point 3 Para 3 the driver may continue to drive without a driver card for a maximum
period of fifteen calendar days or for a longer period if this is necessary for the vehicle to return to
its premises, provided he can prove the impossibility of producing or using the card during this
period.
192. The Driver must apply to his Card Issuing Authority for a replacement within seven
calendar days of it being lost/stolen.
What if the driver does not apply for a replacement card within the deadlines?
Article 15 Point 1 Para 4 states If the driver card is damaged, malfunctions or is lost or stolen, the
driver shall apply within seven calendar days for its replacement to the competent authorities of the
Member State in which he has his normal residence.
193. The Driver may continue to drive for a maximum period of fifteen days without a
Driver card, or for longer if it is necessary for the vehicle to return to its premises
provided he can prove the impossibility of producing or using the card during this
period.
194. Member States must supply a Replacement Driver card within 5 working days of
receiving an application.
Article 14 Point 4 (a) Para 5 - If the driver card is damaged, malfunctions or is lost or stolen, the
authority shall supply a replacement card within five working days of receiving a detailed request to
that effect:
DRIVER CARD
Article 14 Point 4 (b) Driver cards shall be issued only to applicants who are subject to the
provisions of Regulation (EEC) 3820/85
WORKSHOP CARD
196. Member States must supply a Replacement Workshop card within 5 working days of
receiving an application. A PIN must also be issued for Workshop cards.
197. This would be based on the application being valid i.e. that the applicant has
supplied all the necessary details and that he is entitled to the card (an authorised
Workshop fitter card which is not on the Blacklist).
ALL CARDS
198. Some Member States may process a Replacement application as a Renewal if there is
a short validity period remaining on the lost/stolen/malfunctioning card. The
recommendation is that it be no more than 2 months. In these cases, the Renewal
index will be incremented.
Article 14 point 4 (a) para 4 When a new driver card is issued replacing the old, the new card
shall bear the same driver card issue number but the index shall be increased by one. The issuing
authority shall keep records of issued, stolen, lost or defective driver cards for a period at least
equivalent to their period of administrative validity.
Article 12 Point 1 Para 4 Where a new card is issued to replace an old one, the new card shall
bear the same workshop information number, but the index shall be increased by one. The
authority issuing the card shall maintain a register of lost, stolen or defective cards.
DRIVER CARD
Article 14 4 (e) para 4 Where a Member State replaces or exchanges a driver card, the
replacement or exchange, and any subsequent replacement of renewal, shall be registered in the
Member State.
Article 16 Point 3 Para 4 Where the authorities of the Member State in which the driver has his
normal residence are different from those which issued his card and where the latter are requested to
renew, replace or exchange the driver card, they shall inform the authorities which issued the old
card of the precise reasons for its renewal, replacement or exchange.
201. It is suggested that an application form for a Replacement card should include:
Declaration by applicant that if the card is found it will be returned to the issuing
authority.
Declaration to the competent authority where the card was stolen (or lost)?
Monitoring of Replacement Requests
202. It is recommended that Control authorities be notified of repeated requests for
Replacement cards. Member States to agree their own rules on the level at which
this should be set (how many requests within a certain time period).
203. The card issuing authority to record (even if the card being replaced has expired):
204. Some Member States may arrange for Replacement cards to be collected in person
by the applicant. The applicant would have to prove their identity and sign a form to
declare they have collected the card. The signed declaration could then be held on
the MS card issuing authority database as proof of collection. This would deter
applicants from applying for Replacement cards unnecessarily.
205. The group agreed that MS must ensure the Driver is clearly advised on the
procedures for reporting theft/loss of a Driver card. The Regulation states that theft
must be reported in the MS where it occurs. The Driver must make a declaration to
the Police and where possible he should obtain proof that he has reported theft to the
Police. However, the view is that there will be instances where the Driver is unlikely
to do so because of the inconvenience it may cause him e.g. deviating from a
journey etc - he may simply say it is lost. In either case, the driver should inform his
Card Issuing Authority immediately. The issuing authority must ensure procedures
are in place i.e. the driver is provided with a contact point, that he is able to notify
at any time etc.
206. The Working Group agrees that malfunctioning cards should always be returned to
the issuing authority before a Replacement card is issued.
???
207. Where a person moves to another Member State and requests a Replacement card,
the application will be processed as a First Issue. However, the issuing Member
State must ensure that the previous Member State records that the original card has
been lost/stolen.
ANNEX A
Application (Mandatory)
Card Issuing Authority (CIA) has received an application to issue a driver card. This
information has been registered and stored in the database with the generated search keys.
Approved (Optional)
CIA has approved the application for the tachograph card.
Rejected (Optional)
The CIA did not approve the application.
Personalised (Optional)
The tachograph card has been personalised
Despatched (Optional)
Member State authority has despatched the driver card to the relevant driver or delivering
agency.
Confiscated
The driver card has been taken from the driver by the competent authority.
Suspended
The driver card has been taken temporarily from the driver.
Withdrawn
CIA has decided to withdraw the driver card. The card has been permanently invalidated.
Surrendered
The tachograph card has been returned to the CIA, and declared no longer needed.
Lost
The tachograph card has been declared lost to the CIA.
Stolen
The tachograph card has been reported stolen to the CIA.
A stolen card is considered lost.
Malfunctioning
The tachograph card has been reported malfunctioned to the CIA.
Expired
The period of validity of the tachograph card has expired.
Replaced
The tachograph card, which has been reported lost, stolen or malfunctioned, has been
replaced by a new card. The data on the new card is the same, with the exception of the
card number replacement index, which has been increased by one.
Renewed
The tachograph card has been renewed because of change of administrative data or the
validity period coming to an end. The card number of the new card is the same, with the
exception of the card number renewal index, which has been increased by one.
In Exchange.
CIA has received an application to exchange renew or replace a driver card, issued by
another MS. A report has been sent to the CIA in the MS that issued the card. This CIA has
registered that a procedure to exchange the card has started.
Exchanged
CIA has issued a driver card in exchange of a driver card issued by another MS. A report
has been sent to the CIA in the MS that issued the exchanged card. This CIA has registered
that the card has been exchanged.
Note: Of status Approved, Personalised, Despatched and Handed Over, the use of one
is mandatory
ANNEX B
Nr First name Last name search Date of birth Place of Driving Issue card?
. search key key birth licence no.
1 N N N Y
2 N N Y Y
3 N Y N Y
4 N Y Y Y
5 Y N N Y
6 Y N Y Y
7 Y Y N Y
8 Y Y Y N
9 N N N N Y
10 N N Y N Y
11 N Y N N Y
12 N Y Y N Y
13 Y N N N Y
14 Y N Y N Y
15 Y Y N N Y
16 Y Y Y N ?
17 N N N Y Y
18 N N Y Y Y
19 N Y N Y Y
20 N Y Y Y Y
21 Y N N Y Y
22 Y N Y Y Y
23 Y Y N Y Y
24 Y Y Y Y N
25 N N N N Y
26 N N Y N Y
27 N Y N N Y
28 N Y Y N Y
Nr First name Last name search Date of birth Place of Driving Issue card?
. search key key birth licence no.
29 Y N N N Y
30 Y N Y N Y
31 Y Y N N Y
32 Y Y Y N ?
33 N N N Y N
34 N N Y Y N
35 N Y N Y N
36 N Y Y Y N
37 Y N N Y N
38 Y N Y Y N
39 Y Y N Y N
40 Y Y Y Y N
41 N N N N N Y
42 N N Y N N Y
43 N Y N N N Y
44 N Y Y N N Y
45 Y N N N N Y
46 Y N Y N N Y
47 Y Y N N N Y
48 Y Y Y N N ?
49 N N N Y N Y
50 N N Y Y N Y
51 N Y N Y N Y
52 N Y Y Y N Y
53 Y N N Y N Y
54 Y N Y Y N Y
55 Y Y N Y N Y
56 Y Y Y Y N ?
57 N N N N Y N
58 N N Y N Y N
Nr First name Last name search Date of birth Place of Driving Issue
. search key key birth licence no. card?
59 N Y N N Y N
60 N Y Y N Y N
61 Y N N N Y N
62 Y N Y N Y N
63 Y Y N N Y N
64 Y Y Y N Y N
65 N N N Y Y N
66 N N Y Y Y N
67 N Y N Y Y N
68 N Y Y Y Y N
69 Y N N Y Y N
70 Y N Y Y Y N
71 Y Y N Y Y N
72 Y Y Y Y Y N
Note: The column Issue Card should not be taken as mandatory but is simply a guide. It is
for Member States to decide whether they are comfortable with the decision to issue or not.
ANNEX C
UK www.digitaltachograph.gov.uk
AUSTRIA www.digitaltacho.at