Second Generation Smart Tachograph (Gen2V2): OSNMA transitional regime and obligations following the declaration of full operational capability

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I. Introduction — Regulatory context

The regulation of the second generation smart tachograph finds its foundation in Regulation (EU) No. 165/2014, which introduced the smart tachograph in the road transport sector, and in the Implementing Regulation (EU) 799/2016, which sets out the technical and administrative requirements, particularly contained in Annex IC.

The framework has been subsequently updated, also in implementation of the changes introduced by Regulation (EU) 1054/2020, by the Implementing Regulation (EU) 1228/2021, which defined the new version of the smart tachograph, and by the Implementing Regulation (EU) 980/2023, related to the transitional smart tachograph and the use of the Galileo OSNMA service.

These sources coordinate the technical and administrative requirements related to the construction, approval, installation, operation, control, maintenance, and repair of smart tachographs. In particular, they require that the device complies with the technical specifications contained in Annex IC of the Implementing Regulation (EU) 799/2016, as subsequently amended, which provide, for second generation smart tachographs, the integration of advanced satellite localization and GNSS data authentication functionalities.

In this context, the Galileo Open Service Navigation Message Authentication system, known as OSNMA, aims to allow the authentication of the satellite navigation signal and, therefore, to strengthen the reliability, authenticity, and integrity of the positioning information recorded by the tachograph.

The provision of such functionalities meets the need to make the data acquired from the device more secure and verifiable, also in terms of prevention and counteraction of any tampering, alterations, or improper uses.

The Implementing Regulation (EU) 980/2023 did not change the substantive requirements set out in Annex IC of the Implementing Regulation (EU) 799/2016, nor did it replace the technical model outlined in the previous legislation. On the contrary, it intervened exclusively to regulate an exceptional and contingent situation deriving from the fact that, at the time of the entry into force of the new technical specifications, the Galileo OSNMA service had not yet been declared operational.

Finding the legislation a limit in the factual circumstances in which the Galileo service was located, it would not have been possible to request the approval of tachographs because no one would have been able to meet the OSNMA authentication criterion; to address this technical problem, the European legislator introduced a special and transitional regulation through the Implementing Regulation (EU) 980/2023, allowing the approval and use of so-called "transitional tachographs."

These are devices that, while not yet able to fully utilize the OSNMA functionalities, are designed in a way that they can subsequently be updated and made compliant with the definitive specifications, as provided by the previous regulations that uniformly govern how smart tachographs must be built, approved, installed, checked, used, and repaired.

The exemption introduced by Regulation (EU) 2023/980 is therefore based exclusively on the temporary unavailability of the OSNMA service and not on a permanent change to the technical requirements required for the tachograph.

The exceptional nature of the regulation emerges from the same regulation, which expressly identifies the achievement of the full operational capability of the Galileo OSNMA service as the prerequisite for the overcoming of the transitional regime.

It is the same regulation that introduces the homologation of temporary tachographs to provide that, once the OSNMA service is declared fully operational, the justification for the exemption will cease.

The OSNMA system was officially declared operational on July 24, 2025. From that date, the transitional period of 5 months provided by the regulations began, at the end of which, on December 24, 2025, the obligations for compliance with the OSNMA system became fully applicable.

With the factual limit of the unavailability of the Galileo service officially lifted, the transitional regime must be considered exhausted and the ordinary rules set out in Regulation (EU) No. 165/2014, the Implementing Regulation (EU) 2016/799, and the Implementing Regulation (EU) 2021/1228 are fully applicable again.

It is therefore believed that from that moment the tachograph must comply with all the technical requirements set out in Annex IC, including those related to the use of OSNMA functionalities and the authentication of satellite navigation information..

From the set of provisions listed above, it emerges that the possibility of updating provided for transitional tachographs does not represent a mere option left to the discretion of the user, but constitutes the technical premise that has allowed the European legislator to temporarily admit devices that are not yet fully compliant with the final specifications.

With the premise of the exemption no longer valid, the adjustment of the device to the ordinary specifications set out in Annex IC constitutes the natural consequence of the restoration of the general regulatory scheme.

Given this premise on the regulatory framework, we will now analyze in detail what are considered the most relevant provisions to understand the fate of the so-called transitional tachographs upon the cessation of the exemption period.

II. The transitional tachograph

As already mentioned, the Implementing Regulation (EU) 980/2023 of May 16, 2023 has amended Annex IC of Regulation 799/2016 by introducing Appendix 17, titled «Transitional provisions regarding the use of OSNMA by tachographs».

This Regulation has simultaneously defined the category of tachographs as "transitional" as Gen2V2 devices, equipped with hardware prepared for OSNMA, but that ignore the OSNMA signal while waiting for the Galileo service to be fully operational and that can be upgraded with a software update without hardware interventions.

The transitional nature of the tachograph regulation that ignores the OSNMA signal is clearly evident from the following recitals of Regulation 980/2023:

Implementing Regulation (EU) 980/2023, recital 7

«The first second version smart tachographs should be approved based on the signal in space and the cryptographic material of the OSNMA available for the public testing phase of the service. In order to ensure that the driver is not disturbed after the modification of the operational signal in space, such tachographs should ignore the OSNMA until they can be updated to fully utilize that service. This creates a period of transition for second version smart tachographs regarding the use of OSNMA.»

Implementing Regulation (EU) 980/2023, recital 9

«Once the OSNMA service declaration has been made, it is expected that no hardware modifications will be necessary to allow tachographs to operate with the OSNMA service. It should therefore be possible to update the software of a transition tachograph to fully utilize the OSNMA as soon as it becomes available.»

Reg. (EU) 980/2023, recital 10

«In light of future developments regarding the availability and operation of the OSNMA, the possibility of updating the tachograph in a workshop or any tachograph manipulation techniques detected in the field, the Commission may reconsider the opportunity to revise the technical specifications, including the opportunity to impose the full use of the OSNMA capabilities for the transition smart tachograph.»

Reg. (EU) 2023/980, recital 12

«The enforcement authorities should be able to recognize, once the transition period has ended, whether the installed smart tachograph is equipped with a software version that allows it to use the OSNMA of Galileo.»

In the opinion of the authors, the regulatory framework outlined above and recitals 7, 9, and 12 of Reg. 2023/980 presented here, lead to the conclusion that there is a need for the adaptation of transitional tachographs to the current technical specifications for the construction, testing, installation, operation, and repair of smart tachographs.

Recital 10, on the other hand, introduces a precautionary clause. It provides, in fact, that the Commission may intervene if certain events occur that make it necessary to re-examine the decision to impose the full use of the OSNMA's capabilities (obviously, a prerequisite for a review of a decision is that the decision has already been made, as is the case we are dealing with).

The logical implication is that if OSNMA works, if the updates in the workshop are feasible and no manipulation issues arise, there is no need for additional regulatory intervention, because the system already works as initially programmed. The clause thus assumes as a standard rule the execution of the update, only addressing the exceptional cases in which it cannot be carried out for unforeseen technical or security reasons.

Equally significant, in this sense, is Recital 12 which states that the control authorities should be able to recognize, once the transition period is over, whether the installed smart tachograph is equipped with a software version that allows it to use the OSNMA of Galileo. If the update were irrelevant in terms of compliance, there would be no reason to grant the control authorities the ability to verify the update in question.

In light of what has been analyzed so far, it is clear that the discipline set forth by Implementing Regulation (EU) 980/2023 represented a temporary derogation due to the unavailability of the Galileo system. Once the OSNMA service is declared fully operational, the Gen2V2 tachographs must comply with the requirements set out in Annex IC of Regulation 165/2014 with its amendments and modifications..

III. Interpretative doubts

Although the regulatory framework appears clear in the opinion of the writer, it must be acknowledged that to date there is no interpretative certainty on the subject due to some aspects that generate doubts and concerns on the obligation of the software update that allows for the full usability of OSNMA functionalities.

First of all, it should be clarified that there is no specific deadline for the update of the software of the transitional tachograph and, as a consequence, no penalties are foreseen in the case where a transitional tachograph, lawfully installed during the derogation period, is currently in circulation and has not yet been updated.

The transitional tachograph, in fact, has been approved pursuant to the modified Annex IC of Reg. 980/2023, and Article 19 of Reg. 165/2014 prohibits Member States from hindering the circulation of vehicles equipped with devices bearing the approval mark. The transitional approval has not been formally revoked; therefore, it is currently fully legitimate.

In this sense, it is worth highlighting the circumstance that the draft of Reg. 980/2023 contained a recital (9) of this type: «it is appropriate that the software update takes place no later than the first calibration of the unit following the end of the transitional period»; this recital does not appear in the final text, therefore, it is currently not possible to determine whether the intention of the Legislator was to not impose such a burden on industry operators or if, simply, it was not deemed necessary to formulate such a specific provision given the general framework as outlined above.

In light of the discipline as outlined, it is well understood that in a context like this it is possible to establish with certainty some cases in which it is definitely necessary to proceed with the installation of definitive tachographs:

Prima immatricolazione successiva al 24 dicembre 2025

The TRA_023 contained in Reg. 980/2023 is the directly applicable rule: it establishes that transitional units «may be mounted on vehicles registered for the first time» only until the deadline of December 24, 2025. After that date, no vehicle subject to the tachograph requirement can be registered for the first time with a transitional device. The vehicle must be equipped with a Gen2V2 tachograph in the definitive version, with active OSNMA, in full compliance with Annex IC in force pursuant to art. 3, par. 4, of Reg. (EU) 165/2014 and art. 1, par. 2, of Reg. (EU) 799/2016.

Sostituzione di tachigrafo successiva al 24 dicembre 2025

When a tachograph (even transitional) must be replaced due to failure, theft, or another event after December 24, 2025, the replacement device must necessarily be a definitive tachograph. The regulatory basis is the same as in the previous case: the TRA_023 of Reg. 980/2023 has closed the time window during which the installation of transitional tachographs was allowed, with the consequence that any new installation, regardless of the reason, must comply with the current specifications of Annex IC.

Prima installazione su veicolo precedentemente esente

If a vehicle previously not subject to the obligation of tachograph subsequently falls under it, for example due to changes in the applicable regulations, including the new provisions for LCVs in effect from July 1, 2026, and the first installation takes place after December 24, 2025, the device to be installed must be definitive. The determining date is that of the first activation/installation of the tachograph, not that of the registration of the vehicle.

In all three cases examined here, it is the moment of installation that determines which technical specifications apply, pursuant to the combined provisions of TRA_023 of Reg. 980/2023 which has clearly established the deadline beyond which transitional tachographs can no longer be installed and of Article 1, paragraph 2, of the implementing regulation (EU) 2016/799 which provides «The construction, testing, installation, inspection, operation, and repair of intelligent tachographs and their components meet the technical requirements set out in Annex 1C of this regulation.»

IV. Transitional tachographs already in circulation: regulatory analysis and operational risk

As already highlighted above, for these vehicles there is no regulation that expressly sets a deadline for the update, but a prudent view in accordance with the principles governing the matter is necessary to operate with awareness in the regulatory context.

In this sense, Appendix 17 of the implementing regulation (EU) 980/2023 establishes:

Implementing regulation (EU) 980/2023 — Appendix 17

"The transition onboard electronic units are not able to authenticate navigation messages available after the OSNMA service declaration, due to the necessary update of the cryptographic material in the onboard electronic unit. It is necessary to apply an adequate software update, so that these electronic units can start to use the OSNMA and meet all the requirements of Annex IC and the related appendices from 1 to 16."

The phrase "it is necessary to apply an adequate software update" is not a mere technical description: it is the premise of an obligation of result, that of "meeting all the requirements of Annex IC."

In other words, the text states that without the software update the tachograph does not meet the requirements of Annex IC: and meeting them is an obligation that derives directly from Art. 1, para. 2, of Reg. (EU) 799/2016, which establishes that tachographs must continuously comply with Annex IC. It is not a compliance crystallized only at the time of approval, but a requirement for permanent adequacy.

From this, a comprehensive reading emerges that inevitably leads to considering the Periodic Control as a determining moment in the life of the transition tachographs already installed during the derogation period.

Art. 23 of Reg. (EU) 165/2014, which governs the periodic inspections of tachographs, at least biennially, provides that authorized workshops carry out an inspection on the tachograph in order to assess, among other things, its correct functioning; at the end, a certificate of conformity is issued.

In this sense, if Annex IC today includes among the functional requirements of the tachograph the authentication of GNSS data via OSNMA and it is a tachograph installed during the transition period, to consider it functioning correctly, it is believed that it must be updated to meet the requirements of Annex IC.

It is a device already designed to comply with the current regulations, which by definition had to be able to receive the OSNMA signal with a simple update and without hardware interventions; therefore, a non-updated transitional tachograph that ignores the OSNMA signal and does not authenticate positioning data according to the current specifications is believed not to be considered functioning correctly based on all the requirements established by the European regulations governing the matter.

For this reason, it is reasonable to consider the moment of the first periodic inspection that occurs after December 24, 2025, as decisive for the update.

V. Operational conclusions

In light of the analysis conducted, the author draws the following operational conclusions.

Ordinary circulation — Control bodies 

In terms of ordinary circulation, there is no explicit and sanctionable deadline by which already installed transitional tachographs must be updated: there is a lack of a rule that sets a specific deadline and a sufficiently defined illegal case for vehicles already in circulation. Therefore, control bodies are advised against imposing sanctions for the mere circulation of vehicles with transitional tachographs until the European or national legislator intervenes with an explicit rule to regulate the matter.

Authorized workshops — Periodic inspection 

In terms of periodic inspection, the situation is different and more critical. Article 23 of Reg. (EU) 165/2014 requires the technician to verify the compliance of the tachograph with the current technical specifications. An outdated transitional tachograph does not authenticate the OSNMA signal from Galileo and therefore does not fully meet the requirements of Annex IC in its currently valid version. A technician who issues a certificate of conformity without having assessed and documented this situation risks certifying a circumstance that is not true. In this perspective, it is recommended that authorized workshops: systematically check, during each periodic inspection, the update status of the tachograph with respect to the OSNMA; inform the client company of the situation; where technically possible, proceed with the software update; where this is not possible, provide adequate documentation justifying the impossibility of proceeding with the update.

Transport companies

 Transport companies should check with their reference workshop the status (transitional or definitive) of the tachographs installed in the fleet. It is important to be aware that during periodic inspection the technician is required to assess compliance with the current Annex IC: an outdated transitional tachograph presents a potential non-compliance profile with the OSNMA requirements. It is recommended to request the workshop to proceed with the software update where technically possible during the next biennial review.

Yuri Merli
CEO: SIAK SISTEMI S.R.L.
Via Massimo D'Azzeglio, 25/A — 20089 Rozzano (MI)
www.siaksistemi.com

Attorney Irina Mullishi
MULLISHI LAW FIRM
Piazza della Vittoria, n. 2 — 27100 Pavia (PV)
www.slmstudiolegale.it