JMW Solicitors’ expert offers advice on industry-related law matters
I have read conflicting information regarding the requirement for drivers to carry 56 days’ tachograph records from 31 December 2024. Does this apply to my coach drivers?
Late last year, there was significant confusion across the industry regarding the requirement for drivers to carry 56 days’ tachograph records from 31 December 2024 and whether this would apply to UK coach operators.
This confusion was initially caused by misinformation but then, in mid-December 2024, an announcement from the Department for Transport (DfT) fundamentally and significantly (and completely out of the blue!) changed the position, making it far more complex!
Firstly, the position is (and has always been) that the requirement for a driver to carry 56 days’ tachograph records does not apply to drivers undertaking work within the UK only.
So, if your drivers only ever undertake work within the UK, there is no change — they are still required to carry tachograph records for the current day and the previous 28 calendar days and must be able to produce these at the roadside for inspection.
In mid-December 2024, an announcement from DfT fundamentally and significantly changed the position, making it far more complex!
Those records must (following the record-keeping changes introduced in August 2020) be a full, continuous record of all activities (driving, other work, periods of availability, breaks and rest) for the previous 28 days.
The position for PCV drivers undertaking work to/from the EU is, however, far more complex.
It was originally understood that, from 31 December 2024, PCV drivers undertaking international work would be required to carry, and produce, 56 days’ tachograph records (increased from 28 days); however, on 17 December 2024, DfT confirmed that international PSV journeys to/from the EU are subject to the AETR (and not the EU) drivers’ hours and tachograph rules.
The AETR rules are broadly similar to EU rules but, importantly, do not include (among other things) a requirement for drivers to carry, and produce, 56 days’ tachograph records.
This means the requirement to carry, and produce, 56 days’ tachograph records does not apply to international coach journeys from/to the EU – drivers are still required to carry, and produce, tachograph records (providing a full, continuous record of all activities) for the current day and the previous 28 calendar days.
You should note that the position is different for international HGV drivers of vehicles over 3.5 tonnes – they do now need to carry, and produce, 56 days’ tachograph records.
So bear this in mind if you also operate a HGV fleet and/or employ PCV drivers who also drive HGVs internationally elsewhere.
The DfT announcement means that, currently, UK law (which was written to apply the version of the EU drivers’ hours and tachograph rules that was current at the time of Brexit to both UK-only and international journeys) is slightly different to how the law is applied in Europe.
It is understood the UK law is to be updated at the earliest opportunity, following which DVSA will issue updated guidance.
In the meantime, the trade associations are working hard to understand the full implications of the DfT announcement and keep members updated.
What is the current position in relation to the fitment of Smart Tachograph 2?
DfT has confirmed that its recent announcement (see above) does not change the position regarding the fitment of the new version of the smart tachograph (known as Generation 2, Version 2 or Smart Tachograph 2).
Smart Tachograph 2 has been fitted in all newly registered vehicles since 21 August 2023 and must be retrofitted in all PSVs engaged in international journeys to/from the EU:
- By 31 December 2024 for vehicles that were equipped with an analogue tachograph or digital non-smart tachograph (Generation 1); and
- By 18 August 2025 for vehicles equipped with a Smart Tachograph 1 (Generation 2, Version 1).
