For certain vehicles used for the professional transport of people or goods, the law requires the presence of a tachograph and, in the cases provided by European rules, also a speed limiter. The tachograph is used to record driving times, breaks, rest periods, and other data needed to check compliance with professional driving rules. The speed limiter, on the other hand, is intended to prevent the vehicle from exceeding a certain maximum speed, thereby improving safety.
When a vehicle belongs to a category for which these devices are mandatory, it is not enough that they are simply installed. They must also comply with the legal requirements, work correctly, and be used properly. For the tachograph, for example, the recording sheet or the driver card must be inserted when required. A missing device, a faulty one, a non-compliant one, or one used incorrectly all amount to a violation.
The law considers tampering with these devices particularly serious. If the tachograph seals are broken, if the tachograph itself is altered, or if the speed limiter is modified, the penalty becomes heavier. This is because tampering shows an intention to avoid controls and to bypass safety rules and driving-time rules.
Responsibility does not concern only the driver. The holder of the transport licence or authorization is also responsible if a vehicle is put into circulation without a tachograph or speed limiter, or with devices that are tampered with, faulty, or lacking the necessary recording sheets. If the same person is at the same time the driver, the employer, and the licence or authorization holder, the penalty is applied only once, but in the amount provided for the most serious violation.
If three violations are established in one year against the licence or authorization holder, the licence or authorization relating to the vehicle involved may also be suspended. This sanction is added to the financial penalties and shows how important it is for the transport company to keep its vehicles fully compliant.
When the police have reasonable grounds to believe that the tachograph or the speed limiter has been altered, tampered with, or is not functioning, they may order a technical inspection at an authorized workshop. If necessary, the vehicle may be escorted or towed there under safe conditions. The costs of the inspection and of restoring proper functioning are borne by the vehicle owner or the licence or authorization holder, who are jointly liable.
If it is established that a vehicle is circulating without a tachograph or speed limiter, or with one that is faulty or tampered with, the officer records a formal notice requiring the driver to regularize the situation within ten days. If this is not done and the vehicle continues to circulate, administrative detention of the vehicle is imposed. The vehicle may be returned only after the period provided by law.
In the event of an accident causing damage to persons or property, the matter may also lead to more detailed inspections at the companyβs premises, in order to verify data relating to driving and rest times for the current year. This is intended to determine whether the issue is isolated or part of a wider pattern of irregular management.
Violations relating to the tachograph and speed limiter also lead to consequences for the driving licence. In general, suspension of the licence from fifteen days to three months may be imposed. However, if the violation concerns tampering with the speed limiter, the consequence is even more serious, because it may lead to revocation of the licence.
For theory exam preparation, it is important to remember that the tachograph and the speed limiter are not simple technical accessories. They are fundamental safety and control instruments. They must be installed when required, must work correctly, must not be altered, and must be used in the proper way. The law punishes both absence and tampering severely because these behaviors endanger not only the driver, but all road users.
π Read the official text of Art. 179 on the ACI portal (Italian)
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