From 2 February 2022 – according to Art. 34, Paragraph 7, second section of EU Regulation No. 165/2014 – drivers of vehicles with a digital tachograph will be subject to the obligation to enter the symbol of the country they are entering after crossing a border of a Member State, at the beginning of the first stop in that Member State. The first stop shall be at the nearest possible stopping place or after the border. If the border of a Member State is crossed by ferry or rail, the driver shall enter the symbol of the country at the port or station of arrival.
With regard to these provisions, the Ministry of the Interior has clarified that, for safety reasons, the data insertion into the tachograph must be made with the vehicle switched off. In addition, the insertion must not take place before crossing the border and the stop may coincide with the place where the driver takes his daily or weekly break or rest period, i.e. it may be a service area, a car park or any other area not intended for emergency parking where the vehicle can safely stop.
In Italy, the absence of the symbol of the country of entry is punishable by an administrative sanction of €30.00 to €61.00 in accordance with Article 19 of Law No. 727/1978. The same sanction also applies if the declaration is made late, i.e. outside the port of disembarkation, the arrival station or at intermediate stations far from the border. In such a case, in order to establish the late entry, it must be checked whether the driver, despite suitable and accessible stopping places near the border, decided not to stop and to make the entry at a later date.
The digital tachograph 4.0 is exempt from this regulation. Operators must enquire with the manufacturer in this regard.
Source: lvh apa (Newsletter Warentransporteure 02/2022)