Digital Tachographs in Lithuania: What’s My New Employer’s Role?

Digital Tachographs in Lithuania: Employer’s Role #

As a driver working in Lithuania, it’s crucial to understand your employer’s responsibilities regarding digital tachographs. Here’s a detailed breakdown:

Legal Framework #

Lithuania, as an EU member state, adheres to EU regulations concerning tachographs. The primary regulations are:

• Regulation (EU) No 165/2014: This regulation sets out the rules for tachographs in road transport, covering aspects like installation, use, data download, and security.
• Directive 2006/22/EC: This directive concerns the enforcement of social legislation relating to road transport activities and includes provisions on checking tachograph records.
• A specific national law of Lithuania implementing and complementing the EU regulations.

Employer’s Key Responsibilities #

Your employer in Lithuania has several critical obligations related to digital tachographs:

• Provision and Maintenance of Vehicles: Ensuring that all vehicles used for transport operations are equipped with properly functioning and calibrated digital tachographs.
• Tachograph Card Management:
• Application Assistance: While you, as the driver, are responsible for obtaining your driver card, your employer should provide assistance and information on how to apply for it in Lithuania if needed.
• Card Reading and Data Storage: Your employer must have the equipment to download data from your driver card regularly (at least every 28 days) and store it securely for at least one year, as required by EU regulations.
• Data Download from Vehicle Unit:
• Regular Downloads: The employer is responsible for downloading data from the vehicle unit (the tachograph itself) at least every 90 days.
• Data Analysis: Analyzing the downloaded data to ensure compliance with driving time and rest period rules.
• Data Storage and Security:
• Secure Storage: Maintaining secure storage of both driver card and vehicle unit data for at least one year, making it available to authorities upon request.
• Data Protection: Ensuring compliance with data protection regulations (like GDPR) when handling personal data from tachographs.
• Training and Instruction:
• Proper Use: Providing adequate training and clear instructions to drivers on the proper use of digital tachographs, including how to make manual entries, handle exceptions, and understand the displayed information.
• Regulations Awareness: Ensuring drivers are aware of the driving time and rest period rules and the consequences of non-compliance.
• Monitoring Compliance:
• Regular Checks: Regularly monitoring drivers’ tachograph records to identify potential violations of driving time and rest period rules.
• Corrective Actions: Taking appropriate corrective actions when violations are detected, which may include additional training, disciplinary measures, or adjustments to work schedules.
• Ensuring Compliance with Working Time Directive:
• Working Time Limits: Adhering to the limits set by the Working Time Directive, including maximum weekly working hours and adequate rest breaks.
• Record Keeping: Maintaining accurate records of drivers’ working time, separate from tachograph data, to demonstrate compliance.
• Cooperation with Authorities:
• Providing Data: Cooperating with Lithuanian authorities (e.g., the Transport Competence Agency) during inspections by providing tachograph data and other relevant information.
• Addressing Issues: Addressing any issues or concerns raised by the authorities promptly and effectively.
• Penalties for Non-Compliance: Understanding that the employer can face significant fines and other penalties for failing to comply with tachograph regulations, including manipulating tachograph records or failing to ensure drivers’ compliance with driving time and rest period rules.

Practical Advice for Drivers #

• Know Your Rights: Familiarize yourself with your rights and responsibilities regarding tachograph use.
• Report Issues: If you encounter any issues with the tachograph or suspect your employer is not fulfilling their obligations, report it to the appropriate authorities in Lithuania.
• Keep Records: Maintain your own records of driving and rest times to cross-reference with your employer’s data.

Official Resources #

While direct links to specific Lithuanian regulations can be difficult to provide due to constant updates, here are some general resources:

• European Commission – Tachographs: https://transport.ec.europa.eu/transport-modes/road/social-provisions/tachograph_en
• EUR-Lex: For specific EU regulations, search EUR-Lex (https://eur-lex.europa.eu/) for Regulation (EU) 165/2014 and Directive 2006/22/EC.
• Lithuanian Transport Competence Agency (Transporto kompetencijų agentūra): Check the official website for national regulations and guidelines.

Disclaimer: Laws and regulations can change. Always consult official sources or legal professionals for the most up-to-date information.