When a tachograph is mandatory and when it is not

The basic rule under Regulation 561/2006

The scope is set by Article 2 of Regulation (EC) No 561/2006. It applies to the carriage of goods where the maximum permissible mass of the vehicle, including any trailer or semi-trailer, exceeds 3.5 tonnes, and to the carriage of passengers by vehicles constructed or permanently adapted for carrying more than nine persons including the driver.

If a vehicle falls into one of these categories, the driver is subject to the rules on driving and rest times and the vehicle must be fitted with a tachograph. Note that trailers count towards the mass – a lighter vehicle with a trailer crosses the limit very easily.

What changes on 1 July 2026

From 1 July 2026 the scope widens: a second-generation smart tachograph will also be needed by vehicles used for the international carriage of goods whose maximum permissible mass including a trailer or semi-trailer exceeds 2.5 tonnes. This follows from Regulation (EU) 2020/1054, that is, Mobility Package I.

International carriage means a journey in which the vehicle crosses a border between two states or performs transport between two EU states. Vehicles operating exclusively domestically within one member state still do not have to carry a tachograph.

Exemptions under Article 3 and Article 13

Regulation 561/2006 contains two groups of exemptions. Those in Article 3 apply in all EU member states. Those in Article 13(1) are applied by each member state at its own discretion, so they differ from country to country – one country's list therefore cannot automatically be carried over to journeys in another state.

If a vehicle meets the conditions of an exemption, no tachograph needs to be installed and the driver does not have to use a driver card.

The most common exemption: carriage on own account

For vans the most important tends to be the exemption under Article 3(ha). It covers vehicles over 2.5 tonnes and not more than 3.5 tonnes used for the non-commercial carriage of goods on own account, where driving is not the driver's main activity.

The conditions must be met together: the transport is not carried out for hire or reward, the vehicle carries the goods of its own undertaking and driving is not the driver's main occupation – national transport authorities cite less than 30 % of working time as an indicative guide.

A typical example: a tradesperson taking their own tools and materials in a van to a job in a neighbouring country. A haulier carrying goods to a customer for payment, by contrast, does not fall within the exemption.

When a vehicle has a tachograph but the journey is outside the rules

It can happen that a vehicle is fitted with a tachograph but a particular journey falls under an exemption or is purely domestic. In that case the driver must switch on the "out of scope" function so that the record makes clear the journey is not subject to the rules of the regulation.

Without that marking, a check may assess the record as a breach – as exceeding driving time, for instance, even though nothing of the sort actually happened.

How to check whether this applies to you

Proceed in three steps. First establish the maximum permissible mass of the vehicle including any trailer. Then clarify whether the carriage of goods is for hire or reward or on own account. Finally determine whether you drive across borders or only domestically.

Borderline cases – particularly the assessment of the driver's "main activity" or the application of Article 13 exemptions – should be confirmed by a transport adviser or the competent authority. Fines for a wrong assessment can be very high in some EU countries.

Different rules apply to recording journeys for tax purposes than to the tachograph – we cover that in a separate article on the differences between a tachograph and a mileage log.