THE PROBLEM
From August 21, 2023, as required by EU Regulation 2021/1128, the obligation to install the new version of the smart tachograph "Version 2" will come into effect for all newly registered vehicles with a mass exceeding 3.5 tons.
The new model replaces the one introduced in 2019 and has a whole series of features and functions that deeply differentiate it from the previous model.
However, due to some production delays, it now seems certain that the supply of these new tachographs will not meet the August 21 deadline.
The question then arises as to what will happen starting from that date.
THE MINISTERIAL CIRCULAR
The Italian Ministry of the Interior, with a circular dated August 9, addresses this issue and seeks to clarify.
First of all, the Ministry acknowledges the problem: starting from August 21, there will be thousands of vehicles that will not be able to install the new version of the smart tachograph. For the Italian territory alone, the estimate is about seven thousand vehicles.
Unable to provide directly, as the obligation of August 21 is established by European Regulation, the Ministry of Infrastructure and Transport has consulted DG-MOVE, the coordinating and planning body of the European Commission, for clarification.
The Circular specifies that, during the inquiry, it emerged that the problem is common to several European States and that DG-MOVE believes that the solution may be found in a temporary tolerance regime, at least until September 30, 2023.
WHAT WILL HAPPEN NOW?
Following the Circular, the Ministry seems to suggest to the control authorities to tolerate, at least until the end of September, the possible installation of intelligent tachographs in the previous version.
CRITICALITY
It is essential to remember that ministerial circulars are not a source of law, they have no specific normative value. They are merely a means of clarification, therefore, under no circumstances can their content have binding effect.
The deadline of August 21, in other words, remains valid and in force today, and vehicles registered from that date, if they install a tachograph different from the intelligent "Version 2", will be in violation in all respects.
The Circular cannot prevent a potential officer, during a roadside check, from sanctioning a recently registered vehicle that is equipped with a tachograph of the previous version.
In conclusion, it will inevitably be necessary to wait for an official regulatory intervention from the European authorities, and only then, following a formal extension, a potential ministerial circular in this regard will have effect.