The amendments made to Council Regulation (EEC) No 3821/85 of 20 December 1985 on the control apparatus in the field of road transport, which have essentially been carried out by means of the Council Regulation (EC) No 2135/98 of 24 September 1998 and Commission Regulation (EC) No 1360/2002 of 13 June 2002 adapting for the seventh time to technical progress Regulation (EEC) No 3821/85 and the the ultimate objective is to improve the conditions of competition and safety in road transport, represent a very significant qualitative leap in relation to the control apparatus or tachograph, as an element of social cohesion in the exercise of road transport activity.

The introduction of the new digital tachograph, which is carried out by this Order, requires the establishment of the necessary mechanisms for its effective implementation, so as to ensure both safety in the issuing the new tachograph cards, such as their necessary data dump and the confidentiality of the new tachograph cards.

In this way, the first chapter, concerning tachograph cards, basically establishes, in addition to the classification of tachograph cards, the rules for their issue, renewal and replacement, as well as their characteristics and deadlines. validity.

The second chapter, concerning the transfer, download or dump of data from the digital tachograph, determines how these operations, their deadlines and means are to be performed, so that the information recorded in the driver's card or the vehicle unit is available for operation by the undertaking and, where appropriate, for the inspection of transport.

Finally, in the third chapter, in accordance with the provisions of Article 20 of the Organic Law 15/1999 of 13 December, the protection of personal data, the new file is created on the management of digital tachograph, its characteristics being determined.

In its virtue, I have:

CHAPTER I

Of the tachograph cards

Section first. Concept and classes of tachograph cards

Article 1. Digital tachograph and tachograph card concepts.

The digital tachograph or control apparatus is an apparatus intended to be installed in vehicles dedicated to road transport, in order to indicate, record and store, automatically or semi-automatically, data (i) the Commission's proposals for the implementation of the Directive on the protection of the environment; Its characteristics, functions, conditions of manufacture, operation, type-approval, installation, verifications, checks and repairs are set out in Annex I B to Council Regulation (EEC) No 3821/85 of 20 December of 1985 on the recording equipment in the field of road transport.

The tachograph card is a smart card that is used with the control device. The tachograph cards communicate to the control apparatus the identity (or identity group) of the holder and allow the transfer and storage of data. Their conditions of manufacture, operation, approval and dispatch are set out in Annex I B to Regulation (EEC) No 3821/85 as set out in the preceding paragraph.

Article 2. Tachograph card classes.

The tachograph cards can be of the following types: driver card; company card; control card, and test center card.

The driver card is a tachograph card assigned by the competent authority to individual drivers, which identifies them and allows data to be stored on their activity.

The company card is a tachograph card assigned by the competent authority to the holder or tenant of vehicles provided with digital tachograph. Identifies the company and allows to view, transfer and print the information stored in the apparatus or control devices installed in the company's vehicles.

The control card is the tachograph card assigned by the competent authority to the personnel of the Road Transport Inspectorate or other control bodies and the security forces and bodies responsible for the control. monitoring and control of road transport. Identifies the controlling agent and the body to which it belongs, and allows access to information stored in the digital tachograph data memory or driver cards for reading, printing or transfer.

The test centre card is a tachograph card assigned by the competent authority to a manufacturer of digital tachographs, an installer, a vehicle manufacturer or a centre, duly authorised. Identifies the holder and allows either to test and activate or test, activate, calibrate and transfer data to the digital tachograph.

Article 3. Tachograph card entitlement compatibility.

The holder of a driver card may, where appropriate, be the holder of one or more business cards, but may not be a holder of test or control card centre cards.

The holder of a business card may, where appropriate, be the holder of a driver card, but may not be a holder of test or control card centre cards.

The holder of a test centre card shall not be a holder of a driver card, a business card or a control card.

The holder of a control card shall not be a holder of a driver card, a business card or a test centre card.

Section 2. Of the driver cards

Article 4. Issue of driver cards-first issue.

For the driving of vehicles fitted with digital tachograph as referred to in Annex I B to Council Regulation (EEC) No 3821/85 of 20 December on the recording equipment in the transport sector In the case of road transport, the driver's card must be counted, if the driver's card is subject to the provisions of Council Regulation (EEC) No 3820/85 of 20 December on the harmonization of certain provisions in the (a) social matters in the field of road transport, and in Royal Decree 2242/1996, 28 October, laying down rules on driving and rest times and on the use of tachograph in the road transport sector.

Applications for the granting of new driver cards or first issue of the card shall be made in writing adjusted to the model shown in Annex I of this order. Applications shall be addressed to the competent authority in the field of road transport which corresponds to the place where the applicant has his normal residence, the following data being recorded:

1. Name, nationality, gender, type and number of identity card, date of birth, address, telephone and/or contact e-mail.

2. Driving licence number, class, date of validity, country and authority that issued it.

3. Name and surname or social reason, address, telephone and/or contact e-mail and tax identification number of the person who, where appropriate, acts on behalf of the applicant.

4. Place and date the request is made.

5. Signature of the applicant or the person acting in his/her representation.

6. Signature of the cardholder. The applicant shall sign in the box set for that purpose, without exceeding its limits. If the applicant holds a certificate of class 2 with digital signature, issued by a recognised certifying authority, he/she may make and submit the application on the Internet. In this case the signature must have a minimum resolution of 600 points per inch, cut to a size of 50 x 11 millimeters, with white background; the file will be in TIF or JPEG format, with the maximum compression that does not compromise its quality.

7. The box called bar code can be used when the applicant connects via the Internet, filling in the form on screen and printing all of his data. To facilitate their capture, such data shall be coded by the two-dimensional barcode located for such purposes.

8. Specify whether the already made-up card will be delivered by mail and, if applicable, determine a shipping address.

9. The reason for the application shall be that it is the first issue of a driver card.

Along with the request, the following documentation will be provided:

1. D. N. I., T. I. E. or Passport.

2. Driving licence in force of classes C, C1, D or D1, except where it is registered in the Register of the Directorate-General for Traffic.

3. Accreditation of the residence in the province in which the application is submitted. For the citizens of countries belonging to the European Union, any document with a probative value will be sufficient, and for citizens of third countries, the residence will be accredited by means of the identity card foreign (T. I. E.) or the work and residence visa, or by administrative authorization to work or other equivalent documentation issued under the law of rights and freedoms of foreigners in Spain.

4. Current photograph of the applicant, of type meat and with the following characteristics:

Size of 25 × 32 millimeters, in color, with a uniform background and white or light tone. The distance between the chin and the birth of the hair or the forehead shall be between 20 and 25 millimetres.

The applicant must not appear in dark glasses, hat, or any other element that completely or partially hides the face.

If sent over the Internet, the photo must have a minimum resolution of 600 dots per inch, trimmed to a size of 25 × 32 millimeters, and the file will be in JPEG format, with a compression that does not compromise its quality.

Once the adequacy of the documentation submitted by the applicant to the above requirements has been verified, and prior to the applicant's personal identity, the competent body will issue the corresponding card driver, which shall be delivered to the applicant at the issuing office or at the address which has been determined for that purpose.

Article 5. Content, characteristics and term of validity of driver cards.

The content and characteristics of the driver cards, which shall be valid for five years, is the one laid down in Annex I B (IV) to Regulation (EEC) No 3821/85 of 20 December 1985. 1985.

The driver card shall be of a personal nature and shall not, during its period of validity, be subject to any withdrawal or suspension under any circumstances, unless it is established that it has been falsified, that the driver uses a card of which it is not a holder or has been obtained with false statements or forged documents.

The driver may only be the holder of a driver card. You can only use your own custom driver card. You will not use a defective driver card or whose validity period has expired or your loss or theft has been declared.

Article 6. Renewal of driver cards.

The driver card must be renewed at the request of the person concerned, before the competent authority in the field of road transport which corresponds to the place where the applicant has his normal residence, within a maximum period of fifteen business days before the card's expiration date.

Applications for the renewal of driver cards shall be made in writing in accordance with the model set out in Annex I to this order, which shall contain the data set out in Article 4, with the following particularities:

1. The cause of the request will be that it is an expiration driver card renewal.

2. The number of the card to be refreshed must be specified.

Together with the application, the documentation referred to in Article 4 will be provided.

The competent body shall issue, prior to the person concerned to prove his/her identity and verify compliance with the requirements, a new card before the expiry date, provided that the application has been tabled within the time limit set. The new card will be valid for five years and will be delivered to the applicant at the issuing office or at the address that would have been determined.

Article 7. Modification of driver card data.

In the event that after the issue of a driver card, facts are produced that involve modification of the data in it contained, due to change of address, error in data of the card or other cause, the driver must, within a maximum of one month from the time of the determining cause of the modification, request its renewal to the competent authority in respect of road transport which corresponds to the place in which the the person has his normal residence.

Applications shall be made in writing in accordance with the model set out in Annex I to this order, which shall contain the data set out in Article 4, with the following particularities:

1. The cause of the request will be that it is a driver card refresh by modification of data.

2. The number of the card to be refreshed must be specified.

In addition to the documentation referred to in Article 4, the documentary justification, as appropriate, shall be provided, in addition to the documentation referred to in Article 4.

The competent authority shall issue a new card within the fifteen working days following the request, prior to the person concerned to prove his/her identity and verify compliance with the requirements. The new card will be valid for five years and will be delivered to the applicant at the office or at the address which would have been determined. In either case, the original old card must be returned before the new one is delivered.

Article 8. Driver card replacement.

In the event of loss, theft, deterioration, malfunction or withdrawal of the driver card, the driver card shall, within the maximum period of seven calendar days from the time of the occurrence, be requested to be replaced. to the competent authority in the field of road transport which corresponds to the place where the latter has his normal residence.

Applications for the replacement of driver cards shall be made in writing in accordance with the model set out in Annex I to this order, which shall contain the data set out in Article 4, with the following particularities:

1. The cause of the application shall be that it is a driver card replacement with loss, theft, deterioration, malfunction or removal of the card.

2. Date of loss or, if any, theft.

3. The number of the card to be replaced must be specified.

Together with the application, documents certifying theft or withdrawal, or a declaration of loss, deterioration or malfunction, shall be provided in addition to the documentation referred to in Article 4.

The competent authority shall issue a new card within five working days of the request, prior to the person concerned to prove his/her identity and verify compliance with the requirements. The new card, which will retain the same validity period as the previous card, will be given to the applicant at the office or at the address which would have been determined. In any case, in the case of deterioration or malfunction scenarios, the original of the old card must be returned before the new one is delivered.

When the lost or stolen card is subsequently recovered by its holder, it must be returned immediately to the relevant issuing body.

When a card is requested to replace a card for loss, theft, deterioration, malfunction or withdrawal after the expiry date of the card, such request shall be deemed to be the first issue.

Article 9. Exchange of driver cards.

Where the holder of a valid driver's card issued by a Member State has established his normal residence in Spain, he may request that the card be redeemed for another equivalent driver card. It shall be for the competent authority in the field of road transport to carry out the exchange to verify, if necessary, whether the card presented is still valid.

Applications for the award of driver cards by exchange must be made in writing in accordance with the model shown in Annex I to this order, addressed to the competent authority in the field of road transport. corresponds to the place where the applicant has his normal residence, in which the data set out in Article 4 shall be recorded, with the following particularities:

1. The reason for the application shall be that it is a driver card issue by exchange.

2. Country of origin.

3. The number of the card to be redeemed must be specified.

Together with the application, the documentation referred to in Article 4 shall be provided.

The competent authority shall issue a new card within the fifteen working days following the request, prior to the person concerned to prove his identity and verify compliance with the requirements. The new card will be valid for five years and will be delivered to the applicant at the office or at the address which would have been determined. In either case, the original old card must be returned before the new one is delivered.

Section 3. From business cards

Article 10. Issue of business cards-first issue-.

The holders of vehicles with the control apparatus referred to in Annex I B to Regulation (EEC) No 3821/85 shall, before the competent authority in respect of transport by means of transport, request the a road that corresponds to the place where they have their registered office, the corresponding card or business cards.

As many cards as the company deem necessary, up to a maximum of 62 may be requested.

Applications for the granting of new business cards or first issue of the card shall be made in writing in accordance with the model set out in Annex II to this order, or by the Internet if the company or its representative has a certificate of class 2 with digital signature. The applications shall contain the following information:

1. Name and surname or social reason, address, telephone and/or contact e-mail and tax identification number of the applicant.

2. Name and surname or social reason, address, telephone and/or contact e-mail and tax identification number of the person who, where appropriate, acts on behalf of the applicant.

3. Where the undertaking is not a holder of a transport authorisation, as it is not necessary, it shall be registered as a vehicle for which the undertaking has a lease or the holder and for which the tachograph is required.

4. Place and date the request is made.

5. Signature of the applicant or the person acting in his/her representation.

6. Number of cards being requested (maximum 62).

7. The box called bar code can be used when the applicant connects via the Internet, filling in the form on screen and printing all of his data. To facilitate their capture, such data shall be coded by the two-dimensional barcode located for such purposes.

8. Specify whether the already made-up card will be delivered by mail and, if applicable, determine a shipping address.

9. The cause of the request shall be that it is the first issue of a business card.

Along with the request, the following documentation will be provided:

1. D.N.I., T.I.E. or C.I.F.

2. Accreditation of the tax domicile.

3. Where the undertaking is not a holder of a transport authorisation, a movement permit of any vehicle which the undertaking has on its lease or holder and for which the tachograph is required.

Once the adequacy of the documentation submitted by the applicant to the above requirements has been verified, the competent body will issue the corresponding card or business cards, which will be delivered to the applicant in the the issuing office or address that would have been determined for that purpose.

Article 11. Content, characteristics and term of validity of business cards.

The content and characteristics of the business cards, which shall be valid for five years, is the one set out in paragraph IV of Annex I B to Regulation (EEC) No 3821/85.

In the event that the company ceases to be a holder or a tenant of vehicles equipped with an apparatus of control, it shall return to the issuing body the card or business cards which would have been issued to it.

Article 12. Business card renewal.

The business cards must be renewed at the request of the person concerned, before the competent authority in the field of road transport which corresponds to the place where the company has its registered office, within a maximum period of fifteen business days before the card's expiration date.

Applications for the renewal of business cards shall be made in writing in accordance with the model set out in Annex II to this order, which shall contain the data set out in Article 10, with the following particularities:

1. The cause of the request will be that it is an expiration company card renewal.

2. The number of the card to be refreshed and the number of cards being requested must be specified.

Together with the application, the documentation referred to in Article 10 shall be provided.

The competent body shall issue, upon verification of compliance with the requirements, the new card or cards, before the expiry date provided that the application has been filed within the prescribed period. The new card will be valid for five years and will be delivered to the applicant at the issuing office or at the address that would have been determined.

Article 13. Changing business card data.

In the event that after the issue of a business card, facts are produced that involve a modification of the data in it contained, due to change of address, change of denomination, error in data on the card or other cause, the holder shall, within a maximum of one month from the time of the determining cause of the modification, request the renewal of the card with the competent body in respect of transport by road which corresponds to the place where the place of business has its registered office.

Applications shall be made in writing in accordance with the model set out in Annex II to this order, which shall contain the data set out in Article 10, with the following particularities:

1. The cause of the request will be that it is a business card refresh by modification of data.

2. The number of the card to be refreshed and the number of cards being requested must be specified.

In addition to the documentation referred to in Article 10, the documentary justification, as appropriate, shall be provided, in addition to the documentation referred to in Article 10.

The competent body shall issue, upon verification of compliance with the requirements, the new card or cards within 15 working days of the application. The new card will be valid for five years and will be delivered to the applicant at the office or at the address which would have been determined. In either case, the original old card must be returned before the new one is delivered.

Article 14. Replacing business cards.

In the event of loss, theft, deterioration or malfunction, the company holding company cards shall, within the maximum period of seven calendar days, apply from the time the event has taken place. to the competent authority in the field of road transport which corresponds to the place where the latter has its registered office.

Applications for the replacement of business cards shall be made in writing in accordance with the model set out in Annex II to this order, which shall contain the data set out in Article 10, with the following particularities:

1. The cause of the application shall be that it is a business card replacement with loss, theft, deterioration or malfunction.

2. Date of loss or, if any, theft.

3. The number of the card to be replaced must be specified.

Together with the application, the documentation referred to in Article 10 shall be provided.

The competent body shall issue, upon verification of compliance with the requirements, a new card within five working days of the application. The new card shall retain the same period of validity as the replacement, and shall be delivered to the applicant at the issuing office or at the address which has been determined for that purpose. In any case, in the case of deterioration or malfunction scenarios, the original of the old card must be returned before the new card is delivered.

Section 4. Of the test centre cards

Article 15. Issue of test centre cards-first issue.

manufacturers and legal representatives of foreign vehicle manufacturers who have production facilities in Spain, in whose vehicles it is necessary to place tachographs, will be able to apply for test centre cards. digital; manufacturers of buses and coaches in whose bodies it is necessary to install digital tachographs; manufacturers and legal representatives of foreign manufacturers of digital tachographs and their workshops dealers; repair shops of vehicles of the branches of mechanical activity or electricity and, finally, the vehicle technical inspection stations (ITV).

Applications for the granting of new test centre cards or first issue of the card shall be submitted to the competent authority in the field of road transport which corresponds to the place where the centre is located. is located, in writing, in accordance with the model set out in Annex III to this order. If the test centre or its representative has a class 2 certificate with digital signature, issued by recognised authorities, it may submit applications via the Internet. The request shall contain the following data:

1. Name and surname or social reason, address, telephone and/or contact e-mail and tax identification number of the applicant. In the case of centres of activity type (b), such data shall be provided by the centre as well as by the technical or technical officer of the centre, as well as the issuing body of the training certificate of the technical or technical officer of the and date of issue.

2. Type of center:

a. Manufacturers and legal representatives of foreign vehicle manufacturers with production facilities in Spain in whose vehicles digital tachographs need to be placed.

b. Body manufacturers of buses and coaches whose bodies are required to install digital tachographs.

c. Manufacturers and legal representatives of foreign digital tachograph manufacturers and their authorised repairers.

d. Repair shops for vehicles of the branches of mechanical activity or electricity.

e. Vehicle Technical Inspection Stations (ITV).

3. Type of activity:

a. Exclusively installation and activation.

b. Installation, activation, installation inspection and calibration.

4. Organ that authorized the center and date of the authorization or renewal.

5. Name and surname or social reason, address, telephone and/or contact e-mail and tax identification number of the person who, where appropriate, acts on behalf of the applicant.

6. Place and date the request is made.

7. Signature of the applicant or the person acting in his/her representation.

8. Number of cards to be requested (maximum 3 if the activity does not include calibration, as authorised by the industry body).

9. The box called bar code can be used when the applicant connects via the Internet, filling in the form on screen and printing all of his data. To facilitate their capture, such data shall be coded by the two-dimensional barcode located for such purposes.

10. Specify whether the already made-up card will be delivered by mail and, if applicable, determine a shipping address.

11. In the case of the application, it shall be stated that it is the first issue of the test centre card.

Along with the request, the following documentation will be provided:

1. D.N.I., T. I. E., Passport or C.I. F, both of the applicant and of the person responsible or technician of the center.

2. Authorisation issued by the industry body of the Autonomous Community where the workshop or centre is located.

3. Certificate of training of the technical or technical officer (this requirement will not be necessary when the applicants limit their activity to the installation and activation of the digital tachograph).

Once the adequacy of the documentation submitted by the applicant to the above requirements has been verified, the competent body shall issue the appropriate test centre card (s) to be delivered to the applicant. applicant in the issuing office or in the address which would have been determined for that purpose.

Article 16. Content, characteristics and term of validity of the test centre cards.

The content and characteristics of the test centre cards, which shall be valid for one year, is the one laid down in Annex I B (IV) to Regulation (EEC) No 3821/85.

Where the withdrawal or suspension of a test centre authorisation occurs, the disablement of the technical officer or any of his/her technicians or leave them to serve at the centre, or the activity is terminated by any cause, the cards must be returned to the body that issued them.

Article 17. Renewal of test centre cards.

The test centre cards must be renewed at the request of the person concerned, with the competent authority in the field of road transport which corresponds to the place where the centre is located, within a maximum period of fifteen business days before the card's expiration date.

Applications for the renewal of test centre cards shall be made in writing in accordance with the model set out in Annex III to this order, which shall contain the data set out in the Annex. Article 15, with the following particularities:

1. The cause of the application shall be that it is an expiry test centre card renewal.

2. The number of the card to be renewed and, if applicable, the number of cards being requested must be specified.

Together with the application, the documentation referred to in Article 15 shall be provided.

The competent authority shall issue a new card or cards, after verification of compliance with the requirements, with a period of validity of one year. The new card or cards, which will replace the old ones, shall be issued within five working days of the application, and delivered to the applicant at the issuing office or at the address which has been determined for that purpose.

Article 18. Modification of data from test centre cards.

In the event that after the issue of a test centre card, events involving a change of the data contained in it, due to change of address, change of name, are produced, variation in the type or activity of the centre, error in card data or other cause, the holder shall, within a maximum of one month from the time of the occurrence of the event, request the renewal of the card with the competent body in the case of road transport which corresponds to the place where the centre is located.

Applications shall be made in writing in accordance with the model set out in Annex III to this order, which shall contain the data set out in Article 15, with the following particularities:

1. The cause of the request shall be that it is a data modification test centre card renewal.

2. The number of the card to be renewed and, if applicable, the number of cards being requested must be specified.

In addition to the documentation referred to in Article 15, the documentary evidence of the requested data modification shall be provided in addition to the documentation referred to in Article 15. This documentary justification must have been previously accepted by the competent industry body which granted the authorisation.

The competent body shall, after verification of compliance with the requirements, issue a new card or cards within 15 working days of the application. The new card, which will replace the old card, will retain the same period of validity and will be delivered to the applicant at the office or at the address which would have been determined. In either case, the original old card must be returned before the new one is delivered.

Article 19. Replacement of test centre cards.

In the event of loss, theft, deterioration or malfunction of the test centre card, the centre shall request, within the maximum period of seven calendar days from the time the event occurs, its replacement with the the competent authority in the field of road transport which corresponds to the place where the centre is located.

Applications for the replacement of test centre cards shall be made in writing in accordance with the model set out in Annex III to this order, which shall contain the data set out in the Annex. Article 15, with the following particularities:

1. The cause of the application shall be that it is a test centre card replacement for loss, theft, deterioration or malfunction.

2. Date of loss or, if any, theft.

3. The number of the card to be replaced must be specified.

Together with the application, documents certifying theft or a declaration of loss, deterioration or malfunction, as well as communication to the body, shall be provided in addition to the documentation referred to in Article 15. competent in the field of industry with acknowledgement of receipt.

The competent body shall issue a new card or cards within five working days of the application, after verification of compliance with the requirements. The new card, which will replace the old card, will retain the same period of validity and will be delivered to the applicant at the office or at the address which would have been determined. In either case, the original old card must be returned before the new one is delivered.

When the lost or stolen card is subsequently recovered, the centre must return it immediately to the relevant issuing body.

Section 5. Of the control cards

Article 20. Issue of the control cards.

Competent bodies in the field of road transport shall establish appropriate mechanisms to provide for the personnel of the Road Transport Inspectorate or other control bodies, as well as the forces and security bodies responsible for the surveillance and control of road transport, the relevant control cards, as well as for their renewal, replacement and modification of data.

Article 21. Content, characteristics and term of validity of the control cards.

The content and characteristics of the control cards, which shall be valid for five years, is the one laid down in paragraph IV of Annex I B to Regulation (EEC) No 3821/85.

When, for any reason, the holder of a control card ceases to provide service for the Road Transport Inspection or other control bodies or the security forces and bodies responsible for surveillance and control of road transport, the cards must be returned to the issuing body.

CHAPTER II

From the transfer, download, or dump of digital tachograph data

Article 22. Concept of data transfer and intravehicular unit.

The transfer, download or dump of data, is the copy, together with the digital signature, of a part or all of the data stored in the memory of the vehicle or in the memory of a tachograph card. The transfer will not be able to modify or delete any of the stored data.

The intravehicular unit (VU) is the control apparatus, except the motion sensor and the cables connecting the sensor. This can be a single unit or multiple units spread over the vehicle.

The data transfer protocol applicable for the purposes of this Title shall be as set out in Appendix 7 to Annex I B to Regulation (EEC) No 3821/85.

Article 23. Data retention duty.

Without prejudice to the provisions in force in the work order, any undertaking or tenant of vehicles with a digital tachograph is required to maintain, for a minimum of 365 days from the date of the date of their registration, the data necessary for the monitoring of compliance with the provisions of Regulation (EEC) No 3820/85 and Council Directive 92/6/EEC of 10 February 1992 and recorded by the recording equipment in memory of the same, in such a way that they can be made available under conditions guaranteeing security and accuracy of the same.

Article 24. The download, transfer, or dump of data.

In order to comply with the obligation of data retention, periodically, and through the appropriate procedure, the holder of vehicles with digital tachograph, will proceed to download, transfer or dump of data from the vehicle unit or vehicle units and the cards of its drivers to any external storage medium.

The stored data must be transparent, that is, during storage it is necessary to respect the order of the bytes that are transferred from the card, as well as the order of the bits within each byte.

The download of data from each intravehicular unit must be done at least in the following time or time:

Before transferring the vehicle, or the disposal of its disposal, or before the vehicle returns to the lessor in the course of the lease of the vehicle.

When a malfunction is detected, but data can still be downloaded.

When necessary to meet the requirements of the Administration.

At least every three months.

The download of data from drivers ' cards must be done at least in the following periods or assumptions:

When you leave the driver the company.

When necessary to meet the requirements of the Administration.

When card expiration occurs.

Before the card is returned to the issuing body when it becomes chargeable.

At least every 31 days to ensure that there is no overwrite.

The minimum data to be downloaded or dumped will be as follows:

a) Driver card data:

All elementary files on the card that are transferred in a download session must be stored in a single file.

Each file will contain a set of logical records, which will correspond to elementary files on the card and which will have the following field structure:

Name

Length (bytes)	Meaning or value
FID	2	Elementary file
Type	1	'00' (elementary file) '01' (elementary file signature)
Length	2	Size from the elementary file
Data	[Length]	Elementary file

Data files must contain the following elementary files:

File

Places

FID	Description
ICC	0002	Physical Identification of the Card.
IC	0005	Identifying the chip.
Application_identification	0500	Version, size of internal records, ...
Card_Certificate	C100	Card certificate.
C108		C108		Identification
	0520	Number, CIA, date validity, ...
Card_Download	050E	Date and time of the last data transfer of the card
Driving_license_info	0521	Number, expedition country, validity date, ...
Events_data	0502	Incident Log
Faults_data	0503	Log of faults.
0504		0504
0505	0505
0506	Places where a work period starts or ends journal.
Current_Usage	0507	Date, time, and vehicle that the session was opened.
Control_Activity_Data	0508	Card control activities.
Specific_Conditions	0522	Out of scope, shuttle, ...

b) Intravehicular unit data:

Each file will contain a set of logical records that will have the following field structure:

Name

Length (bytes)	Meaning or value
SID	1	Service identifier (fixed to '76').
TREP	1	'01' (Summary) '02' (Activities) '03' (Incidents and Faults) '04' (Speed Data) '05' (Technical data).
Data	[variable]	Log content.

All records that are transferred in a download session must be stored in a single file.

The download file must contain the following mandatory records:

Name

Identifier (TREP)
Summary Data.	01	Certificates, vehicle identification, business card locks, control activities.
Activities.	02	An activity record for each calendar date.
Incidents and failures.	03	A record for each incident or failure.
data.	04	Detailed speed data. One record per second.
data.	05	VU manufacturer, serial number, SW version, calibration records.

Article 25. Integrity, confidentiality and availability of data stored by companies.

The companies that are holders of digital tachograph vehicles must have the necessary security mechanisms that guarantee the conditions of integrity, confidentiality and availability of the data. stored. In any event, the technical and organisational measures provided for in Royal Decree 994/1999 of 11 June 1999 laying down the rules for the security of automated files containing data of a character should be introduced. personnel.

Article 26. Data disposition for Administration.

Any operator of a vehicle fitted with a digital tachograph must meet the requirements for the request of data requested by the competent authorities in the field of transport or other control bodies, provide the same by any of the following procedures: CD-R or CD-RW physical support, e-mail or downloading files via a download Web page. In any case, the file format must be compatible with the Windows XP file system or equivalent, and in order to verify the authenticity and integrity of the data received, they will always be transmitted with an added digital signature, the which shall be in accordance with Appendix 11 to Annex I B to Regulation (EEC) No 3821/85.

Data may be required disaggregated by vehicle, driver or period of activity. The name of the files will have the following structure:

VU data files:

V_M. .. M_C. .. C_YYYYMMMDD_HHMM. TGD

V: Identifies the file type (VU data).

M. .. M: VRN (vehicle registration). Variable length field.

C. .. C: Country with whose certificate the VU data is signed. Variable field 1 to 3 characters. Coded in accordance with Annex I B to Regulation (EEC) No 3821/85 in paragraph 2.71

YYYYMMDD_HHMM: date and time when the download was performed:

YYYY: year.

MM: month.

DD: day.

HH: time.

MM: minute.

TGD: file extension.

The file must contain activity data for all dates included in the requested period, in chronological order.

Driver card data files:

C_N. .. N_C. .. C_ YYYYMMDD_HMMM.TGD

C: Identifies the file type (driver card data).

N. .. N: card number (16 characters).

C. .. C: card issuing country. Variable field 1 to 3 characters. Coded in accordance with Annex I B to Regulation (EEC) No 3821/85 in paragraph 2.71

YYYYMMDD_HHMM: date and time when the download was performed:

YYYY: year.

MM: month.

DD: day.

HH: time.

MM: minute.

TGD: file extension.

CHAPTER III

Digital tachograph card management file

Article 27. Creation and features of the digital tachograph card management file.

In compliance with the provisions of Article 20 of Organic Law 15/1999 of 13 December on the Protection of Personal Data, the "file on the management of digital tachograph cards" is created. features are listed below:

a) File finality: to support the administrative management of granting and issuing digital tachograph cards.

(b) Persons who are intended to obtain personal data or who are obliged to supply such data: drivers of vehicles and undertakings which, in accordance with the current European Union rules, must be holders of digital tachograph cards.

c) Procedure for the collection of personal data: through the data subjects themselves or their representatives through the corresponding request.

d) Basic structure of the file and description of the types of personal data included in it: the file will be structured, basically, by means of types of digital tachograph cards and holders of the same identification data (name, surname, postal address and N. I. F. or C. I. F.).

(e) Data transfers of a personal nature and, where appropriate, transfers of data to other countries: the transfer of data to the competent authorities in the field of transport of the Autonomous Communities and of the Member States of the European Union, the staff of the Road Transport Inspectorate or other control bodies, as well as the security forces and bodies responsible for the surveillance of road transport.

f) Authority of the Administration responsible for the file: Directorate-General for Road Transport of the Ministry of Public Works.

g) Services or units to which the rights of access, rectification, cancellation and opposition can be exercised: Directorate General of Transport by Road (General Secretariat of Transport-Ministry of Public Works), Paseo de la Castellana, number 67, 28071 Madrid.

h) Security measures with indication of the level required: entry level.

Additional disposition first. The source and target log for the daily work period.

In accordance with the provisions of Article 15 (5) (a) of Council Regulation (EEC) No 3821/85 of 20 December 1985 on the recording equipment in the field of road transport, the drivers of the Vehicles which carry out an internal transport must, in addition to the symbol of the country, record the corresponding to the Autonomous Community in which they begin and end their daily work period. For this purpose, they shall be manually, or automatically recorded, when the recording equipment is connected to a satellite tracking system, the corresponding symbol of the Autonomous Communities, in accordance with paragraph 2.87 of the Appendix 1 to Annex I B to that Regulation.

Additional provision second. Voluntary business card application.

Company holders of tachograph-exempt vehicles in accordance with current legislation may, however, request business cards, in accordance with the provisions of Section 3 of Chapter I of this Order.

Final disposition first. The ability of tachograph cards to be required.

The tachograph cards regulated in this Order shall be required from the date on which the obligation for vehicles to be registered with digital tachograph is made effective. However, the cards may be requested from 5 May 2005.

Final disposition second. Protection of personal data.

The provisions contained in this order, regarding the dumping, transfer, conservation or knowledge of personal data, shall apply without prejudice to the compliance with the provisions of the current Law Organic 15/1999, of December 13, Personal Data Protection.

Final disposition third. Implementing measures.

The General Direction of Road Transport will dictate the instructions that, if any, are necessary for the execution of this Order.

Final disposition fourth. Entry into force.

This Order shall enter into force on the day following that of its publication in the Official Gazette of the State.

Madrid, 25 April 2005.

ALVAREZ ARZA

ANNEX I

ANNEX II

ANNEX III