Clarifications regarding the obligation to install and use a tachograph on vehicles with a maximum permissible gross weight from 1 July 2026, including any trailers or semi-trailers, exceeding 2.5 tonnes used in international or cabotage freigh

As is widely known, from 1 July 2026, it will be mandatory to fit second-generation (G2V2) smart tachographs to light commercial vehicles weighing more than 2.5 tonnes that are used to carry out international transport within the European Union or cabotage, including vans that were not previously subject to this requirement. The new provisions amend and extend the scope of application of Regulation (EC) No 561/2006 and Regulation (EU) No 165/2014, introducing the need to plan training and adapt company policies to comply with the new safety and competition rules. The vehicles concerned are those with a mass of between 2.5 and 3.5 tonnes used for international transport or cabotage on behalf of third parties. This extension also applies to vehicles engaged in ‘international’ domestic transport (such as routes with sections in foreign destinations), as well as to own-account international transport, provided that driving constitutes the driver’s main occupation. If a 'domestic' vehicle leaves the EU even just once, it must comply with the new regulations. There will, however, be some exemptions, such as in the case of occasional transport, or in activities where driving is not the main focus, or where the vehicle is not used for commercial purposes. The tachographs to be installed are known as the Smart Tachograph Version 2, which perform many more functions than their predecessors. Indeed, in addition to the distance in kilometres and the times, further information is provided, such as:

• location: checked at the start of the journey, every 3 hours, and then at the end;
• border crossings: stored in the tachograph’s memory;
• loading and unloading monitoring: the time and place where loading and unloading take place are also recorded

Third-party freight transport companies carrying out international trade activities between EU countries will therefore be required to install the new tachographs to avoid the penalty provided for in Article 179 of the Highway Code, amounting to between €866 and €3,464, in addition to the ancillary administrative penalty of a driving licence suspension lasting between fifteen days and three months. Furthermore, the offence in question also carries a penalty of 10 CQC points; however, as the vehicles in question may also be driven by drivers holding only a Category B licence, this additional penalty cannot be applied in the present case, unless otherwise directed by the Ministry of the Interior, which is responsible for coordinating the services of the traffic police.
The Ministry, as a precautionary measure, wishes to make it clear at this preliminary stage that the clarifications provided are subject to the issuance of any further guidance and/or provisions on the matter by the European Commission, which will naturally take precedence over national guidelines, in the event of any discrepancies in interpretation.
In referring to the obligation to be equipped with and to use the second version of the smart tachograph (G2V2) and the driver card when carrying out the transport operations indicated above, the Ministry specifies that in the case of international transport, it is reasonable to assume that the driver is always required to keep records from the start of the daily working period on the day on which they carry out the international or cabotage transport service, whilst also ensuring compliance with weekly rest periods. Therefore, if a driver completes an international journey during the calendar week, thereby triggering a potential working week, they fall within the scope of Regulation 561/2006 and must, within 144 hours of inserting the tachograph card and starting the recording of the working day, take either a standard or reduced weekly rest period. This extension does not exempt drivers from the obligation to submit all records made on the day in question and during the 56 days preceding 1 July 2026, as this is a requirement applicable to drivers designed to enable a thorough verification of compliance with social legislation, unless the driver has never been required, prior to 1 July 2026, to comply with the provisions of Regulation (EC) No 561/2006. For the purposes of demonstrating the 56 working days, if during this period the driver has never carried out an international transport operation under Regulation 561/2006,
Drivers of vehicles with a maximum authorised mass exceeding 2.5 tonnes and up to 3.5 tonnes, including any trailers or semi-trailers, who carry out both domestic and international transport operations, are subject to the obligations set out in Regulation (EC) No 561/2006 only whilst carrying out international transport operations or cabotage operations linked to such operations. The above-mentioned Regulation does not apply to journeys undertaken exclusively within the country, whether on behalf of third parties or on own account. In such cases, when carrying out domestic transport operations, the driver’s activities may be recorded in a similar manner to when the vehicle is used for transport operations which, pursuant to Article 3 of Regulation 561/2006, fall outside the scope of the European regulation, by activating the ‘out of scope’ function. In this regard, the Ministry specifies that, although it is advisable to always insert the driver card into the tachograph so that the driver always has the necessary documentation to prove the activities carried out over the previous 56 days, the ‘out of scope’ function can be activated even without inserting the tachograph card into the on-board unit. Please note that drivers who alternate between driving the vehicles in question on domestic journeys – and therefore outside the scope of Regulation 561/2006 – and on international journeys, where the provisions of the Regulation apply, are required to ensure that records are kept continuously for the 56 days preceding the inspection. Finally, the circular in question notes that, from 1 July 2026, the obligations regarding organisation, training, instruction and supervision incumbent upon companies will also apply to drivers of vehicles with a maximum authorised mass exceeding 2.5 tonnes and up to 3.5 tonnes, including any trailers or semi-trailers, whilst carrying out international transport and/or cabotage operations.