THE PROBLEM
On August 21, 2023, the obligation to install the new version of the smart tachograph "Gen. 2" came into effect for all newly registered vehicles with a mass exceeding 3.5 tons.
The new model replaces the one introduced in 2019, but due to production delays, the related supply has failed to meet the August 21 deadline and is still practically unavailable.
Currently, therefore, it is impossible to install a compliant tachograph on newly registered vehicles, and a legislative intervention is needed to extend the deadline considering these delays.
Since the obligation arises from a European Regulation, individual member states do not have the power to directly modify it, but an intervention from European bodies is required, which is taking time to arrive.
IRU – WORLD ROAD TRANSPORT ORGANIZATION
In the general uncertainty, the IRU has taken action (International Road Transport Union), an international organization operating in the road transport sector, has contacted the European Commission highlighting the problem and requesting a prompt solution.
With a letter dated August 17, 2023 it was formally requested to grant a grace period allowing the installation of older generation smart tachographs at least until the end of 2023.
The letter also requests to establish that the regulatory authorities cannot sanction the installation of smart tachographs of the previous generation on newly registered vehicles.
Otherwise, the scenario that would arise would be one of a blockage of registrations, with all the consequences on the functioning of transport and trade.
THE ITALIAN CIRCULAR
In the face of the inertia of European bodies, Italy had already taken action to address the problem. The Ministry of the Interior, with a circular dated August 9, had acknowledged the issue and established a temporary tolerance regime until September 30, 2023.
MEASURES BY OTHER EUROPEAN STATES
In addition to Italy, Germany, France, Spain, and other European states have also acted, each autonomously and with internal measures that are inevitably limited in effectiveness to their own national territory.
In conclusion, although this is a positive step, it is clear that harmonization at the European level is necessary and that the current situation is dominated by too much uncertainty and fragmentation, with all the associated risks.