This article covers Polish regulations and market practice. The principles apply elsewhere, but check the rules in your country.
Drivers often wonder when driving without a tachograph is allowed. Although using this device is daily bread both for them and for transport companies, interest in a small dispensation in this area never wanes. To their satisfaction, it turns out that not every route has to be recorded: the regulations contain a number of exemptions under which driving without a tachograph or without a driver card is allowed.
In this article we explain clearly and specifically when you can legally drive without recording working time, what to watch out for and how to document the journey.
When is driving without a tachograph allowed?
As mentioned, there are times when you can drive without a tachograph without breaking the regulations. A certain distinction needs to be made here. Situations in which driving without a tachograph is allowed can be divided into two groups:
- transport operations that are not subject to the obligation to record the driver's working time and activities with a tachograph,
- various permitted cases of driving in OUT mode, which applies to vehicles that must be fitted with a tachograph.
To better understand when the tachograph does not apply, or more precisely when you do not need to have one or record driving time with it, let's look at both groups.
Transport operations not subject to the recording obligation (under Articles 3 and 13 of Regulation 561/2006)
Not every vehicle has to be fitted with a tachograph. Which exemptions from this obligation deserve particular attention?
- Road transport in vehicles with a GVW of up to 3.5 tonnes
If you are not towing a trailer and do not exceed 3.5 t, a tachograph is currently not required. - Passenger road transport for up to 9 people
This also applies to vehicles used for private, non-commercial purposes. - Roadside assistance
In this case driving without a tachograph is possible within 100 km of the company's base, but only if towing is not the main business activity. - Specialised vehicles, e.g. agricultural, construction
This applies to specialised vehicles used over short distances and under specific conditions. - Local transport on regular routes of up to 50 km
In which cases is driving without a tachograph up to 50 km allowed? It is permitted, for example, in the context of urban or school transport.
What is OUT mode on a digital tachograph and when is it used?
OUT mode (out of scope) allows driving with the driver card inserted without recording activities. Legitimate uses include:
- moving on non-public roads (e.g. on company premises or at the depot),
- transporting municipal waste, milk or sewage within a 100 km radius,
- delivering newly registered vehicles to a dealership.
Note: OUT mode must be selected manually on the tachograph each time and documented accordingly.
Can driving without a driver card in the tachograph be compliant with the regulations?
Can you drive without a tachograph card? The answer turns out to be more complicated than it might initially seem. In principle, driving without a driver card in the tachograph is prohibited, but there are a few exceptions. When, despite the obligation to have a tachograph in the vehicle, may driving without a card be permissible?
Loss, damage or theft of the card
There are situations in which, despite driving a vehicle fitted with a digital tachograph, driving without a driver card is possible. The best example is loss, damage or theft of the card. In such a case the driver has the right to continue driving for a maximum of 15 days, provided they:
- apply for a replacement to the card-issuing authority (in Poland, PWPW) without delay,
- make printouts from the tachograph without the card, signed and supplemented with the necessary information from the driver, both at the start and at the end of each shift.
Inability to download data from the card
If the card is technically faulty but is in the tachograph, it is recommended to make a copy of the data from the tachograph and consult a workshop.
What are the penalties for driving without a tachograph or without a card?
To get a better idea of what penalty may await you for driving without a card in the tachograph and for other breaches related to recording the driver's time and activities with a tachograph, let's look at a few hypothetical situations.
- Breach: No card in the tachograph.
Example: The driver forgot their card.
Potential penalty for driving without a card in the tachograph: PLN 2,000. - Breach: Driving without selecting OUT mode.
Example: Transport on non-public roads.
Potential penalty: PLN 1,000–2,000. - Breach: No printout while driving without a card.
Example: Damaged card, no documentation.
Potential penalty: PLN 1,000. - Breach: No data download.
Example: Data download deadline exceeded.
Potential penalty: up to PLN 3,000 (for the company).
Driving without a card in the tachograph or in OUT mode: how to document it
Situations in which you drive without a card in the tachograph or use OUT mode must be properly documented. Good practice is:
- regular tachograph printouts with a description of the situation,
- driver's notes with signature and date,
- reporting the incident to the line manager or forwarder,
- keeping copies in the company's records (for ITD or PIP inspections).
When can you drive without a tachograph? Summary
Legal driving without a tachograph or driver card is possible, but only in precisely defined situations:
- local, agricultural or specialised transport,
- driving on non-public roads in OUT mode,
- lost/damaged card: max. 15 days plus printouts,
- vehicles under 3.5 t and transport of up to 9 people: no tachograph.
Remember that any undocumented driving without recording the driver's working time and activities may result in serious sanctions. That is why it is worth:
- using OUT mode consciously,
- regularly downloading data from the tachograph and cards,
- keeping clear records in the event of a failure or lost card.
Understanding when driving without a tachograph is allowed, including driving without a tachograph within 100 km, in which situations driving without a card in the tachograph is permissible, and how to annotate a tachograph printout when driving without a driver card, is key to operating in compliance with the regulations and minimising the risk of breaches that carry severe penalties.
If you are interested in tachographs and want to learn more about related topics, we encourage you to read the other articles about them on our blog, including:
- A new era of tachographs: replacement, key deadlines and the most important changes
- How to streamline settling drivers' working time: a guide to remote tachograph data download
- Tachographs in vans: what you need to know about the new regulations
- Tachograph: what it is, how it works, what it is for and who must have one
- How to insert a card into the tachograph: a practical step-by-step guide
- How to change the time on a tachograph: a practical guide for drivers and administrators
- Tachograph calibration: what it involves, how often and how much it costs
Agata Świerczek
E-marketing Specialist
As a UX/UI design specialist I combine creativity with precise communication. I design intuitive interfaces and engaging digital content, and I write product copy and blog articles that hold attention and support business goals.
