Driving Without a Driver Card

The driver card is one of the most important documents for all professional drivers. It contains data about the driver's identity and allows for the storage of activity data. Additionally, the driver card serves as a control instrument to ensure compliance with legally required driving and rest times, which is why carrying it during freight and passenger transport is associated with numerous regulations. So, what happens if the driver card is lost? How should one proceed in such a situation, and what must be considered?

As a professional driver, one travels extensively both nationally and internationally and often works under tight deadlines and narrow delivery time windows. No day is the same, and unexpected events are not uncommon. The loss or misplacement of the driver card is also a possibility. To be prepared in the event of losing the driver card and to understand important exceptions and obligations when driving without a driver card, we have written this article for you.

When is a driver card required?

A driver card is a personal record of driving and working data for drivers in commercial passenger and freight transport. The information stored on the driver card regarding driving and rest times is intended to protect both the driver as an employee and all road users from accidents.

In general, the use of the driver card is mandatory for the commercial transport of goods or passengers. This is defined in the regulation of the European Community (Article 47 of Regulation (EU) No. 165/2014). This regulation stipulates that all drivers who possess a driver card must always carry and use it.

In the event of loss, damage, malfunction, or theft, the correct procedure is regulated in Article 35 of the regulation. In such a situation, the driver may drive without the card but must make handwritten records. At the end of the journey, the driver must print out the time group data recorded by the control device, provide personal information (name and number of their driver's license or name and number of their driver card) on the printout, and sign it.

The allowed period must be observed: in principle, driving without a driver card in the mentioned cases is permitted for a total of 15 calendar days. The 15-day period may only be exceeded if necessary for the vehicle to return to the company's location. In such a situation, however, the driver must prove that using the card during this period was not possible. Exceeding the 15-day period without authorization is not advisable, as a fine of €50 per 24-hour period applies.

IMPORTANT: To prevent or exclude misuse of the driver card, the loss of the card must be reported immediately to the issuing authority so that the card can be blocked. If the driver card is stolen, the police must also be notified, and a report filed. In principle, the authority of the country where the theft occurred is responsible for this.

What to do if the card was simply forgotten?

The legally secure procedure in the event of loss, damage, malfunction, or theft has already been explained, but what happens if the driver forgets the card and cannot present it during an inspection?

In such a case, there is no legal certainty, and it is at the discretion of the inspecting officer to decide whether the regulations for loss or theft also apply to forgetting the card—or not. A blanket and legally secure statement is therefore not possible in such a situation.

If the driver forgets their driver card, it does not automatically mean that they are allowed to drive without it. If the journey is not absolutely necessary, it should not be undertaken in case of doubt. However, if the journey must be undertaken urgently, it may happen that the authorities apply the regulations valid for loss, damage, malfunction, or theft during an inspection. Here, too, the driver may only drive without a driver card for a period of 15 days.

What fines can I face?

Since driving without a driver card is not generally allowed, it is not excluded that drivers who drive without a driver card may be fined. The following graphic provides an overview of the main fines.

Avoid Penalties with tacholog²

tacholog² is the most widely used solution for tachograph data management in Austria and supports entrepreneurs in transport, logistics, and trades to easily comply with legal regulations and avoid fines:

Reading driver cards and tachographs Storage and archiving of generated data Data security Deletion of non-retained data Analysis of generated data Documentation of measures taken.