Driving Without a Tachograph: When is it Legal, Fraud, or a Risk?

Driving without a tachograph is one of the most misunderstood situations in the road transport industry. Often, the issue is not an intentional attempt to bypass the law, but a misapplication of legal exemptions or a lack of proper activity records to support such status.

European regulations are clear: the use of the recording device is the general rule to ensure road safety and fair competition. An exemption is exactly that—an exception—and as such, it must be fully demonstrable during an inspection. In this guide, we break down how to avoid fines that can reach €4,001 and jeopardize your company’s Good Repute.

When is it Legally Permissible to Drive Without a Tachograph?

According to Regulation (EC) 561/2006 and national laws (such as the LOTT in Spain), the use of a tachograph is mandatory for goods transport vehicles with a GVW (Gross Vehicle Weight) exceeding 3.5 tonnes and passenger vehicles with more than 9 seats.

Any movement made outside these parameters without inserting a driver card is initially presumed to be an infringement. For it to be legal, the activity must fit into a specific exemption and be correctly recorded using the OUT mode (Out of Scope) on the device.

Critical Exemptions: Is Your Activity Truly Exempt?

1. Non-Commercial Transport (Private Use)

This is the most contested exemption. For authorities, if the transport supports any economic activity (even moving your own office furniture or transporting construction materials for your own company), it is not considered non-commercial. Only strictly personal and recreational use—such as driving a vintage truck or a private motorhome with no connection to any invoice—remains exempt.

2. Vehicles Within a 100 km Radius

This exemption applies to vehicles between 3.5 and 7.5 tonnes used by companies to transport materials, machinery, or equipment necessary for the driver's profession (e.g., plumbers, fairground workers, or technical services).

• Key Requirement: Driving must not be the worker's main activity.
• The Limit: The 100 km radius is measured from the company’s base. Exceeding this radius by a single meter mandates tachograph use for the entire shift.

3. Public Service and Maintenance Vehicles

Vehicles used for refuse collection, sewerage, road maintenance, or flood protection are exempt while performing their specific public service functions. However, if a garbage truck performs general goods transport on a weekend, a tachograph must be used.

How to Manage "No Tachograph" Periods to Avoid Fines

When a driver alternates between mandatory and exempt vehicles, traceability is vital. During a transport inspection, the officer will review the last 28 days (moving to 56 days under the Mobility Package).

To protect yourself, you must implement:

• Manual Entries: When re-inserting the card into a mandatory vehicle, you must record "out of scope" activities as "other work."
• Attestation of Activities: Although less common due to manual entries, it is still recommended for justifying long periods away from the tachograph.
• OUT Mode: If the vehicle has a tachograph but the route is exempt, always activate the OUT option to prevent "driving without card" alarms in the mass memory.

Scale of Sanctions: The Cost of Non-Compliance

Failing to justify an exemption or deliberately driving without a tachograph carries the most severe penalties in the transport system.

The 2026 Regulatory Landscape and Fleet Control

The upcoming 2026 regulations will tighten controls on light commercial vehicles (vans over 2.5t in international transport), eliminating many current exemptions. Authorities are aiming for a scenario where 100% of professional activity is digitized.

Companies operating mixed fleets (exempt and non-exempt vehicles) are the primary targets for ex-officio inspections. These are the cases where the most registration errors are found when downloading .DDD files.

Frequently Asked Questions (FAQ)

Conclusion: Safeguarding Your Transport License

It is not enough to "know" you can drive without a tachograph; you must have the digital infrastructure to prove it. The risk is not just a monetary fine, but the potential loss of your operating license.