Last January, ANTRAM learned, through a video published on social media, that a driver had been fined around €1001.00, allegedly, for not having registered additional entries relating to cargo operations on the tachograph. /discharge in Spain.
Please note that the possibility of recording loading or unloading operations, or both, only exists in 2nd generation smart tachographs, which are now mandatory for installation in new vehicles registered from 21 August 2023.
However, even in the case of vehicles equipped with this new functionality – the so-called 2nd generation smart tachographs – this obligation is not yet applicable, as this will still have to be regulated in Community Regulation 165/2014.
In fact, article 34 of the aforementioned Regulation establishes the obligations that the driver must comply with to operate the tachograph. This new functionality – recording the location of loading and unloading – is not yet included.
Faced with this situation, in January, ANTRAM alerted the IRU and requested its intervention with the European Commission in order to denounce this “incorrect” behavior on the part of the Spanish authorities.
Likewise, we would like to remind you that we published an article on the ANTRAM website (see here) on the subject and asked members to inform us if they were subject to any proceedings due to lack of registration.
In this sense, this week one of our associates was the subject of an administrative offense proceeding in Catalonia, in which a fine of €1001 was imposed on him, due to lack of this registration, we contacted the IRU again.
In response, the IRU informed that the Spanish counterpart CEMT also complained about the same – reporting an identical situation – so, as a result, we were asked to contact the European Commission on this topic, asking for its intervention in order to reinforce the initial order.
In other words, what is intended is for the European Commission to clearly clarify that this obligation does not yet exist and as such cannot be considered an infraction, as well as to act with the Spanish State and its supervisory authorities so that these situations do not arise. be repeated and existing processes are temporarily archived.
The intervention has already been made by ANTRAM, directly to the contact provided to us by the European Commission, so as soon as we have more information we will share it.
Finally, and in any case, to avoid future lawsuits and while the situation is not fully clarified, the IRU and Corte (The Confederation of Organizations in Road Transport Enforcement) advise that, for international transport, this function begins to be used , although, it should be emphasized, fines cannot be imposed when this does not occur.
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