THE CIRCULAR
With a circular dated March 16, 2021, the Ministry of the Interior specifies the scope of the changes from August 2020 regarding the tachograph seals. This document outlines the procedure for their replacement during an inspection by the agents.
The most important provision of Article 2 Reg. 1054/2020 concerns the possibility that the control officer may independently replace a seal removed during the checks.
HOW TO REMOVE THE SEALS
The new provisions fall within the powers granted to the control bodies under national and community legislation. In particular, if the body responsible for the control intends to remove the seals of the tachograph must:
- Keep their control card inserted in the tachograph from the moment of seal removal until the conclusion of the inspection or the application of a new seal;
- fill out a written justification with the following information: vehicle identification number, name of the official, control authority and member state, control card number, number of the removed seal, date and time of seal removal, number of the new seal (if affixed by the control official).
With the current regulatory framework, the power of inspection of the tachograph. Now agents can disassemble the device, remove and replace the seals of the analog tachograph and the seals of the digital tachograph independently, without the intervention of an authorized workshop.
THE CASES IN WHICH TO PROCEED WITH THE REMOVAL OF SEALS
Regarding the removal of the seals of the tachograph, it is necessary to distinguish two circumstances:
1 – The removal of tachograph seals is justified by a valid reason to believe that the device or its components are altered, tampered with, or not functioning.
In this case:
If no operational anomalies or alterations, officials may replace the seals and the vehicle may operate without the need to go to a workshop even for calibration. If it is not possible to replace the seals, the driver must be instructed to go to an authorized workshop for replacement at the expense of the vehicle owner or the license or authorization holder, within seven days after which the vehicle will no longer be allowed to operate. The costs for restoring functionality are the responsibility of the vehicle owner or the license or authorization holder.
If anomalies in operation or alterations are detected, the driver must be invited to go to an authorized workshop within ten days for replacement, at the owner's or license holder's expense. Until that time, the vehicle may not be put into circulation except to reach the destination or to go to the aforementioned workshop.
2 – Removal is carried out during a check, without any reasonable grounds to believe that the device is altered, tampered with, or not functioning.
In this case:
If anomalies in operation or alterations are detected, the officials may replace the seals. In this case, the vehicle may continue to circulate without the need to go to the workshop even for calibration. If the seals cannot be replaced, restoration must be carried out at an authorized workshop. The related costs are the responsibility of the police authority that carried out the removal.
If anomalies in operation or alterations are detected, the driver must go to an authorized workshop within ten days. The replacement and costs will be borne by the vehicle owner or the license holder. Until that time, the vehicle may not be put into circulation except to reach the destination or to go to the aforementioned workshop.
WARNING: ALTERATION AND TAMPERING OF SEALS
It is reiterated that the restoration of seals can only be carried out in the event that no alteration, tampering of the tachograph seals, or malfunctions have been detected.. In the event of removal and possible replacement, a written justification must be prepared and translated into English. A copy of the reports in both Italian and English must be delivered to the driver. The reports must be accompanied by a printout of the vehicle's events, to be executed at the end of the operations and before removing the control card. The printout must also indicate any disconnection of the sensor that occurred while the control card was inserted. The name of the office from which the agents responsible for the control depend must then be noted on the printout and must be signed by them. This operation aims to provide proof of the verification operations carried out.