This article covers Polish regulations and market practice. The principles apply elsewhere, but check the rules in your country.
A penalty for failing to calibrate a tachograph, or a fine for using a faulty device of this kind, are examples of the consequences that can befall businesses in the transport industry that breach the rules on recording drivers' working time. The law regulates this area strictly, severely penalising both oversights and deliberate breaches of the rules. The aim is to raise the level of road safety and improve working conditions in the world of transport.
Carriers, transport managers and drivers themselves should have a good understanding of the applicable rules and be aware of the consequences of not complying with them. With this awareness they can conduct their activities so as to avoid penalties for non-compliant tachographs or their incorrect use. This article will help you understand the consequences of breaching tachograph rules: we explain, among other things, the penalty for failing to calibrate a tachograph, the consequences of not having the mandatory recording device in the vehicle or tampering with it, and the penalty that can be imposed for failing to download data from the tachograph and driver card on time.
Digital tachograph and driver card: the basic tools for recording working time
A digital tachograph is a device that records data on the driver's activity, such as working time, breaks and vehicle speed. The driver card, meanwhile, is a data carrier that allows information on the work of a specific driver to be recorded individually.
Correct operation of the tachograph and regular downloading and archiving of driver card data are mandatory under EU regulations and national law.
Penalties for a missing or non-compliant tachograph: what do drivers and transport companies face?
Tachographs are a basic item of equipment in vehicles used in road transport. The rules on the correct use of these devices derive from provisions contained in various legal acts, including:
- the Act of 6 September 2001 on Road Transport, with its annexes,
- the Act of 5 July 2018 on Tachographs,
- the Act of 16 April 2004 on Drivers' Working Time,
- Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport,
- Regulation (EU) No 165/2014 of the European Parliament and of the Council of 4 February 2014 on tachographs in road transport.
The regulations set out not only the rules on the use of recording devices that professional drivers and carriers must follow. They also establish penalties for various kinds of infringement in this area, including:
- penalties for failing to calibrate and certify a tachograph,
- penalties for not having a tachograph in the vehicle or using a damaged or illegally modified device,
- penalties for failing to download data from the tachograph and driver card on time,
- penalties for not having a driver card or using someone else's card, and penalties for not having a new G2V2 smart tachograph in a vehicle used for international transport.
As you can see, there is a wide range of penalised actions and omissions that businesses in the transport industry should avoid. To understand the consequences that can follow various infringements, it is worth taking a closer look at the common penalties imposed on drivers and carriers.
What is the penalty for failing to calibrate a tachograph?
Asked whether you can drive without a calibrated tachograph, most people will intuitively answer: no. That is the right answer, because regular calibration and certification of the recording device are essential if it is to work correctly and comply with the regulations. Unfortunately, the calibration expiry date can sometimes be overlooked and the visit to an approved workshop missed. What fine can be imposed for a lapsed tachograph calibration in such a situation?
A financial penalty for failing to calibrate the tachograph can be imposed on both the driver and the carrier.
- For the driver, the penalty for a lapsed tachograph calibration can be up to PLN 2,000.
- What fine can a transport company receive for a lapsed tachograph calibration? The penalty for the carrier for this infringement can range from PLN 1,000 to PLN 5,000.
What are the penalties for driving with a faulty tachograph?
A lapsed tachograph calibration carries the risk of penalties, but it is not the only breach of the rules that can have serious consequences. Businesses that carry out transport in vehicles fitted with a faulty recording device can also feel the financial impact. What penalties can a driver and carrier face for not having a correctly working tachograph?
When a fault in the recording device is detected, the carrier should have it repaired at an approved workshop as soon as possible. If a vehicle fitted with such a damaged tachograph is on the road, the journey may continue for a maximum of 7 days; after that the repair must be carried out, and this period is intended to allow the driver to reach the company base or a workshop. During this time the driver records their activities in accordance with the rules set out in Article 37 of Regulation (EU) No 165/2014. If this period passes, the tachograph is not repaired and the vehicle is stopped for an inspection, then:
- the driver faces a fine of PLN 1,000,
- the transport company can receive a penalty of PLN 2,000.
What are the penalties for tampering with a tachograph?
The regulations also severely penalise attempts to dishonestly influence the operation of the recording device fitted in the vehicle. For example, a carrier that uses prohibited devices or objects to falsify or alter the data recorded by the tachograph commits the most serious infringement. It carries a penalty of PLN 10,000. Similar consequences can befall a company in whose vehicle a falsified or altered tachograph is detected.
No tachograph in the vehicle: what is the penalty for driving without a working recording device?
Businesses in the transport industry should also be aware of the possibility of receiving a fine for not having a tachograph in a vehicle that must be fitted with one. Penalties should also be expected in situations where a working tachograph has been fitted in the vehicle but was disconnected for the duration of the journey.
- What consequences can the driver face? For a missing tachograph, the fine can be as much as PLN 2,000.
- A penalty of a similar amount, PLN 2,000, can be imposed on the transport manager.
- Carriers are also exposed to the consequences of infringements in this area. For carrying out road transport with a vehicle not fitted with the required tachograph, the company can be fined PLN 10,000. In turn, for example, disconnecting a type-approved and technically sound tachograph, resulting in no data being recorded on the driver card or record sheet, can result in a penalty of PLN 5,000. The business also runs the risk of its transport licence being suspended.
Why is downloading data from the tachograph and driver card so important?
Regular and correct downloading of data from the tachograph and driver card makes it possible to:
- monitor the driver's working and rest time,
- ensure compliance with working time rules,
- protect the company from financial penalties,
- maintain safety on the road.
Systems offering remote download of data from driver cards and tachograph memory, such as Navifleet, enable fast and secure data retrieval, eliminating the risk of errors and delays.
What is the penalty for failing to download the driver card and tachograph memory on time?
Systematic downloading of driver cards and tachograph memory is one of the obligations the regulations impose on carriers. Data should be downloaded:
- for driver cards, at least once every 28 days,
- for tachograph memory, at least once every 90 days.
What is the penalty for failing to download the driver card that can be imposed on the carrier? Breaching the obligation to download driver card data on time carries the risk of a penalty of PLN 500 per driver. Similarly, for breaching the obligation to download tachograph data on time, the carrier faces a penalty of PLN 500 per vehicle.
New tachograph rules: what changes from 2025?
In 2025 the use of modern second-generation smart tachographs (G2V2) became an obligation that companies carrying out international transport had to meet. This meant replacing older devices with new models. Businesses that did not modernise their vehicle equipment accordingly must reckon with the risk of a penalty for an unreplaced tachograph.
- For the carrier, the penalty for failing to replace the tachograph is up to PLN 10,000.
- The transport manager can also expect a penalty for an old tachograph in a vehicle used for international transport. If the inspecting authorities detect such an oversight, it can result in a fine of up to PLN 2,000.
What are the penalties for a faulty or missing tachograph? Summary
A faulty or missing tachograph is a serious breach of the rules that can result in high financial penalties for both the driver and the transport company. Regular calibration and certification of the tachograph, prompt repairs in the event of a fault, and correct downloading of data from the tachograph and driver card are the basic actions that will help you avoid problems during roadside checks. Remember that a tachograph is not only a legal obligation but, above all, a tool that increases road safety and makes managing drivers' working time easier.
Want to broaden your knowledge of tachographs? Check out 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 the settlement of drivers' working time? A guide to remote tachograph data download
- Tachographs in vans: what you need to know about the new rules
- Tachograph: what it is, how it works, what it is for and who must have one
- How to insert a card into a tachograph? A practical step-by-step guide
- How to change the time on a tachograph? A practical guide for drivers and payroll staff
- Driving without a tachograph: when is it allowed?
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.
