ESTA calls for changes to new ‘impractical’ tachograph rules

ESTA is pressing the European Commission to exempt international abnormal load pilot cars and escort vehicles from new regulations that require them to be equipped with tachographs, a policy that European heavy transport companies say is impractical and potentially dangerous.

From July 1, Brussels extended the driving time, breaks, rest time and tachograph rules to certain vans, as part of the EU Mobility Package.

It brings light commercial vehicles (LCVs) over 2.5 tonnes and up to 3.5 tonnes into the scope of the rules when they are used on international transport between EU countries, or cabotage.

These vehicles must now comply with the same core drivers’ hours rules that apply to heavier goods vehicles, including maximum driving hours, rest requirements and the use of a second-generation smart tachograph to record driving and rest times. 

The new rules do not apply to vans of 2.5 tonnes or below or those used only for domestic transport within one country.

They have been introduced to close a loophole in the current arrangements whereby some companies were dividing loads between multiple small vans to sidestep the regulations that applied to bigger trucks.

But ESTA believes that the new regulations have accidentally caught pilot cars and escort vehicles in their net. It raised the issue in a meeting with DG Move last week and asked for these types of operations to be given a specific exemption.

ESTA Director Miguel Florez de la Colina said: “Applying these new rules to vehicles that are enacting international abnormal and heavy transports is both impractical and could be dangerous.

“Escort vehicles are not vehicles engaged in the transport of goods. Also, their type of work and the loads they are helping to deliver, means they are unable to simply pull over and stop work if their maximum driving time has been reached.”

He explained: “When an abnormal transport is delayed due to an accident, traffic congestion, a technical breakdown or another emergency, the escort driver remains responsible for protecting the transport operation, communicating with relevant authorities and ensuring the safety of both the transport and surrounding traffic.

“The escort function does not end merely because a driving-time threshold has been reached and this distinguishes escort vehicles from conventional goods transport vehicles.

“Given the nature of the activities performed, the public safety function involved, the absence of commercial cargo operations and the comparatively small size of the sector, there seems to be a strong case for a specific exemption or a sector-specific interpretation for escort vehicles engaged in abnormal transport operations.”

He stressed that the primary purpose of escort vehicles is to improve road safety, but as the regulations currently stand, a measure intended to improve safety could unintentionally undermine safety within the abnormal transport sector.