The digital and analog tachograph
With the issue of the Circular of the Ministry of Infrastructure and Transport with Prot. 2720 of 13 February 2017, it was further clarified how to organize and carry out training courses on the operation and correct use of tachographs.
The Executive Decree no. 215 of 12 December 2016 had indicated, for the first time, the ways in which road transport companies can carry out courses for their drivers in order to avoid receiving penalties.
Community legislation which, with Regulations (EC) no. 561/2006, and (EU) no. 165/2014 Transport companies are responsible for the infringements committed by their respective drivers, but member states can make this liability subject to the infringement of the obligations imposed on the same companies (training, information, monitoring and planning).
Training and regulations
Driver training
The Management circular clarifies that no obligation is introduced, but also reminds that the fulfillment of the obligations of education and control by the company, constitute an important element of assessment for the authorities for the purposes of applying art. 174 c. 14 of the Traffic Laws: "The company that does not comply with the provisions contained in Regulation (EC) no. 561/2006, is subject to an administrative penalty.
The legislation
Everything starts from the community legislation which, with the Regulations (EC) n. 561/2006, and (EU) no. 165/2014, which dictate rules on driving and rest times of vehicle drivers as well as on the characteristics and correct use of tachograph equipment establishes, among other things, that transport companies are responsible for the infringements committed by their respective drivers, but member states can make this liability conditional on the infringement of the obligations imposed on the companies themselves.
Locations and duration of courses
The course must have a minimum duration of 8 hours, but is left free for a longer duration. At the end of the course, the participation certificate will be issued, which is valid for a maximum period of five years from the date of its issue. The location of the course will be decided by the provider and communicated according to the procedures of the circular itself. The training activity carried out in the past remains valid until before the executive decree is issued.
What we supply to the
driver
- An in-depth analysis of the activity carried out by him: it is expected that this communication must be made, at the latest, every 90 days.
- A job description for the employee which highlights the instructions about the rules of conduct that the driver must comply with. The following document is valid only for the company that issued it and has a duration of one year.
Course recipients
The recipients of the training courses are: drivers who provide their service, for any reason and under any employment contract, including contracts for occasional, discontinuous, temporary or on-call services, in favor of companies operating using vehicles subject to the obligation to install the tachograph.
From all the foregoing, it follows that the training activity carried out in the past remains valid until before the executive decree is issued: a possible check on the previous year (as normally occurs in the case of access by the National Labor Inspectorate) will find, companies that have trained their drivers in any case prepared and covered from the point of view of the fulfillment of the educational obligation. the training activities provided according to the new regulations will enjoy, therefore, from now on, it will be necessary to provide for the carrying out of new training activities in compliance with the executive decree.