During an international transport of goods, a driver damaged their driver card. Can they continue driving and for how long?
Expert answer: The issue of how a driver should proceed when their card is damaged is regulated in Article 29 of Regulation (EU) No 165/2014 of the European Parliament and of the Council. According to paragraph 5 of the aforementioned regulation, “(…) the driver may continue to drive without a driver card for a maximum of 15 calendar days or for a longer period if this is necessary for the vehicle to return to its base, provided that the driver can prove the impossibility of producing or using the card during this period“. The legislator decided on a solution intended to allow the driver to continue the route or, if necessary, return to the base. The possibility of using the 15-day period during which a driver may operate a vehicle despite a damaged driver card is subject to several conditions – Article 35 of the regulation.
Firstly, at the beginning of the route, the driver should print out the data of the vehicle they are driving and enter on the printout:
– their name, driver card number or driving license number, along with their signature,
– periods of other work, availability, or rest.
Secondly, at the end of the route, they must print out the information relating to the periods recorded by the tachograph, record all periods of other work, availability, and rest since the printout made at the beginning of the route that were not recorded by the tachograph, and mark on this document the data enabling the identification of the driver (name, driver card number or driving license number) along with their signature.
Considering the above, after finishing each working day with a damaged card, the driver should have two printouts – one made at the beginning of the route and the other at its end.
Answering the question, the driver may continue driving with a damaged driver card, in principle, for a maximum of 15 calendar days or for a longer period if it is necessary to return to the base. Additionally, one must remember to make printouts (at the beginning and end of the route) and describe them in accordance with the above guidelines. Furthermore, it should be remembered that the driver must apply for a replacement card to the Polish Security Printing Works (PWPW) in the Member State of their normal residence within seven calendar days. PWPW issues a replacement card within eight working days from the date of receiving a detailed application for its issuance.
Legal status of the publication (date): 2019-09-13