The National Labor Inspectorate (INL), through Note no. 8949 of December 28, 2021, commented on the recent reorganization of the regulations related to the issuance of tachograph cards by the Government. With the Decree of October 19, 2021 , the matter has indeed been adjusted to the provisions contained in the EU Regulation No. 165 of 2014, which is already in force in Italy.
Charges Ex Article 16:
The INL focuses on the aspects most relevant to its scope and particularly draws attention to the content of the Art. 16 of the decree in question, related to the transfer and storage of data, where it is specified that:
– Companies must ensure that all data is transferred from the unit installed on board the vehicles and from the driver card for at least twelve months following the registration;
– the transferred data must be stored to allow the Control Authorities to carry out their duties;
– Companies must ensure that all transferred data is accessible at the company's premises, either directly or remotely, to the Control Authority;
– Data must be transferred in such a way as to avoid any loss of the same
Except for specific cases provided for in the same article 16 in letters a) and b) of paragraph 3, it is specified that the MAXIMUM PERIOD within which the data must be transferred must not exceed:
a) ninety days for data transferred from the mass memory of the tachograph;
b) twenty-eight days for data transferred from the driver's card.
In closing the Note, the Inspectorate emphasizes that, if companies make use of data management and storage services from third parties, they must still ensure access to the data for the Control Authorities.
Final Considerations on the digital tachograph procedure – data download
In conclusion, the Inspectorate has essentially reiterated the content of the aforementioned art. 16, which was drafted by the MISE in compliance with the provisions contained in the European regulations mentioned at the beginning. For companies, however, there are no substantial changes to the current procedure regarding the digital tachograph – data download. The aforementioned burdens are already in force due to the immediate application that the European Regulations have within the individual States of the Union.
For a more complete examination of the reorganization carried out by the Government, please refer to the article: Updated regulations on the issuance of tachograph cards