Which legal regulations are currently mandatory?
Since 21 August 2023, the smart tachograph of the
2nd generation smart tachograph has been mandatory in all newly registered commercial vehicles over 3.5 tonnes that are used in cross-border traffic.
From 1 January 2025, all commercial vehicles over 3.5 tonnes gross weight in cross-border road transport that are equipped with an analogue or digital tachograph (installed in new vehicles by 14 June 2019) must be converted to the 2nd generation intelligent tachograph.
From 19 August 2025, all commercial vehicles over 3.5 tonnes total weight in cross-border road transport that were already fitted with a 1st generation tachograph must be fitted with the 2nd generation intelligent tachograph.
From 1 July 2026, all vehicles with a total weight of more than 2.5 tonnes that are used in cross-border road transport must be equipped with a 2nd generation intelligent tachograph. Compliance with the legal requirements for the tachograph and the resulting specifications is the responsibility of the vehicle operator.
The exemption for tradespeople continues to apply to national transport:
§ Section 1 (2) no. 5 of the Professional Driver Qualification Act (BKrFQG) exempts tradespeople from the tachograph requirement, provided the vehicle in question weighs over 3.5 tonnes and under 7.5 tonnes and the journey is made within a radius of up to 100 km from the company's location. However, only insofar as the tachograph is not used, but must be in the vehicle. As soon as the radius of 100 km is exceeded - even if it is only a one-off journey - there is an obligation to record driving times and rest periods.