Rules for using the OUT option in tachographs

What is the OUT option in tachograph?

Before we get into the details of how to use the OUT mode in a digital tachograph, let’s clarify what this concept means.

What is the OUT option? Definition of the OUT option in digital tachographs

The OUT mode (out of scope) is a special function in tachographs that allows excluding certain journeys from the provisions of Regulation 561/2006. This means that the driver is officially exempted from the obligation to apply standard regulations regarding working time registration. It’s worth emphasizing, however, that despite the exemption from registration requirements, when using the OUT mode, there is still an obligation to track the driver’s working time and comply with related regulations.

The OUT function mainly concerns service or technical journeys and can be used during vehicle maintenance. It is also used in companies performing atypical transport, such as businesses involved in municipal waste collection.

Driving in OUT Mode and Legal Basis

The OUT function in tachographs is strictly regulated by European transport regulations, which precisely define when and how a driver can use it. Let’s look at the legal basis for this function and the conditions for its use.

Regulation 561/2006 and 165/2014

The most important legal acts regulating the operation of the OUT mode are:

• Regulation (EC) No 561/2006 of March 15, 2006, which harmonizes social provisions in road transport
• Regulation (EU) No 165/2014 of the European Parliament and of the Council of February 4, 2014, concerning tachographs used in road transport

The first of these documents sets out the rules on driving time, breaks, and rest periods for drivers. The second specifies technical and organizational requirements related to tachographs and the rules for their proper use. Together, they create a comprehensive legal framework determining which vehicles must be equipped with tachographs and when activating the OUT mode by drivers performing transport is permissible.

When and how can the OUT option be legally used?

The OUT mode in tachographs allows for the legal exclusion of certain types of journeys from standard regulations governing driver working time. However, remember that this function does not provide complete freedom - its use is subject to strict limitations, and violating the rules can result in serious financial and legal consequences. So when exactly can a driver use the OUT mode?

Using the OUT option: Service and technical journeys

The OUT function is primarily used during typically service or technical journeys. This refers to situations when a vehicle requires maintenance, repair, or needs to undergo road tests after repair.

It’s worth emphasizing that not every journey to a service center enables activation of the OUT mode. This situation applies to drivers performing commercial transport of goods or people (i.e., with cargo). In such a situation, they cannot activate the OUT function. Similarly, “empty” driving with the active OUT mode is not permitted.

Using the OUT option: Transport of municipal waste and agricultural products

The OUT mode also applies to companies performing atypical transport. In practice, a driver can select the OUT mode when transporting municipal waste from households. However, when collecting waste from businesses (e.g., packaging from purchased goods or office waste), it is necessary to use the digital tachograph in the standard way and register the driver’s activities.

The OUT function also applies when transporting agricultural products within a farm. This is an important convenience for companies operating in the agricultural sector.

Using the OUT option: Driving a tractor unit alone

The OUT mode can be used when driving a vehicle not adapted for transporting goods, for example, when driving a tractor unit without a trailer. However, it should be remembered that activating the OUT mode still counts towards the driver’s working time.

This means that despite the exemption from the obligation to register the driver’s activities in the digital tachograph, the driver is still subject to regulations concerning appropriate rest and limitation of working time.

Using the OUT option: Driving on non-public roads

Drivers can also use the OUT mode when driving on non-public areas, such as:

• Construction sites;
• Internal areas of companies;
• Company bases;
• Closed road sections.

However, it is crucial to understand that if part of the route runs through public roads, and only a fragment through non-public terrain, it is not permissible to automatically apply the OUT mode after crossing the company gate. In cases of such driving, there is still an obligation to register with the tachograph.

Documentation and driver obligations

Proper documentation of driving in OUT mode is one of the most important obligations of a professional driver. Appropriate preparation of documentation allows avoiding high penalties during road inspections, which is why understanding all technical procedures and formal requirements related to this function is so important.

Enabling and disabling OUT option in digital tachographs

Enabling and disabling the OUT mode in a digital tachograph is a procedure that every professional driver should know and be able to perform correctly.

It should be noted that each use of the OUT mode must be properly documented by making printouts from the tachograph at the beginning and end of the period of work in this mode. On the back of the printouts, you must include your personal data, driver card number, driving license number, handwritten signature, and a detailed description of the reason for using the OUT function.

Proper documentation is crucial during road inspections and allows avoiding financial penalties reaching up to 2000 PLN.

Documents required during ITD inspection (Road Tran Inspection)

In case of a road inspection, ITD (Inspekcja Transportu Drogowego - Road Transport Inspection) inspectors usually demand:

• Printouts from the tachograph, which include a description of the OUT mode;
• Documents confirming the purpose of the journey (e.g., invoices for repairs, service orders, inspection confirmations);
• Standard transport documents required during road transport;
• Extract from the working time record confirming proper settlement.

Lack of these documents may result in the journey being considered as performing commercial transport without proper registration of working time, which is associated with imposing a high financial penalty.

At this point, we also encourage you to read our article: Essential transport documents

Driver working time records in OUT option

Although using the OUT mode allows exemption from the obligation to register driver activities in the tachograph, driving in OUT mode is still treated as driver working time. In practice, this means several important consequences:

• Each activity in OUT mode must be included in the driver’s working time records;
• Driving in this mode is classified as “other work,” not as standard driver driving time;
• The employer has an absolute obligation to record this time for settlement purposes;
• Despite the lack of a formal obligation, it is recommended to use the driver card during driving in OUT mode.

What is particularly important, in the event of a possible road accident with the OUT function activated in the tachograph, the insurer has the right to request confirmation that the journey in this mode was justified. Lack of such confirmation may lead to problems with obtaining compensation.

Consequences of errors and changes in regulations

Improper use of the OUT function in tachographs is not only a risk of a fine during a road inspection for the driver. The consequences can also affect the employer, and their dimension can be not only financial.

Driving in OUT option - Penalties and civil liability

Unjustified use of the OUT function in tachographs can lead to severe financial penalties - up to 5000 PLN for illegal interference with tachograph data. Moreover, incorrect use of the driver card is punishable by a fine of 2000 PLN. Particularly severe are penalties for connecting unauthorized devices that interfere with the tachograph’s operation. These can amount to even 10,000 PLN.

From January 1, 2022, the regulations have become even more rigorous. Drivers who manipulate the tachograph may have their driving license suspended for a period of three months. This applies to such violations as: lack of registration of tachograph indications, using someone else’s driver card or record sheet, using unauthorized devices, or driving with a disconnected tachograph.

It is also worth emphasizing that improper use of the OUT function in tachographs can have consequences in the insurance sphere as well. In case of an accident with the OUT function activated, the insurer may refuse to pay compensation if it determines there was no justification for driving in this mode.

New digital tachographs and the Mobility Package

The Mobility Package has introduced significant changes in tachograph requirements. By August 20, 2025, all first-generation smart tachographs will have to be replaced with second-generation devices (G2V2) in vehicles performing international transport within the EU.

Another important date is July 1, 2026 - from this day, vehicles with a GVW from 2.5 tons, used in international transport, must be equipped with second-generation smart tachographs.

Recommendations for carriers

How to avoid problems related to improper use of the OUT function? Transport industry experts recommend using this function only in strictly defined cases provided for by law. Above all, it should be remembered that traveling in OUT mode should never serve as a way to solve the problem of lack of driving time on a given day.

Each journey in OUT mode should be carefully documented. It is recommended to make a printout from the tachograph and provide a detailed description of the reason for using the OUT function, which allows avoiding additional explanations during road inspections.

It is worth emphasizing that with appropriate documentation of the journey excluded from the application of Regulation 561/2006 and compliance with proper rules, the carrier minimizes the risk of imposing high administrative penalties and problems during compensation proceedings, which in the long term translates into the financial stability of the company.

How to use OUT option in tachographs? - Summary

The OUT option in tachographs is a function that allows excluding certain journeys from the provisions of Regulation 561/2006, but its improper use threatens penalties up to 5000 PLN. The regulations contained in Regulations 561/2006 and 165/2014 strictly regulate its use.

A driver can legally use the OUT mode during: transport of municipal waste from households, transport of agricultural products on a farm, service journeys, driving a tractor unit alone, journeys on non-public areas, and when transporting people on regular lines up to 50 km.

However, it should be noted that a key obligation is proper documentation of the use of the OUT function - making printouts at the beginning of work and at the end of the OUT mode. The description of the OUT mode should include driver data and the reason for using the function. Additionally, during inspection, documents confirming the purpose of the journey and an extract from the working time record are also necessary.

Despite the exemption from registration in the tachograph, driving in OUT mode still counts towards the driver’s working time, and violations of regulations may result in high financial penalties, suspension of the driving license for three months, or problems with compensation in case of an accident.

If you need support in settling drivers’ working time or optimizing wages for drivers performing transport in Poland and abroad, we will gladly provide it! Contact us, indicate what constitutes a challenge, and our specialists will take care of the rest!

How to apply OUT option in digital tachographs? - Frequently asked questions

Below we have collected the most frequently asked questions about how to use the OUT option in tachographs. We have also provided answers to them. However, if you don’t find a question that bothers you here, we encourage you to contact us and ask our specialists who will be happy to provide support!

When can the OUT option in tachographs be legally used?

The OUT option can be legally used during service and technical journeys, when transporting municipal waste, transporting agricultural products on a farm, driving a tractor unit without a trailer, and on non-public roads.

Does driving in OUT option interrupt the driver’s mandatory break?

No, driving in OUT option does not interrupt the mandatory break. The OUT option means driving in the form of “other work,” but the driver is still subject to regulations concerning working time and rest.

What documents should be prepared for a road inspection when driving in OUT option?

For a road inspection, you should prepare printouts from the tachograph with a description of the reason for using the OUT option, documents confirming the purpose of the journey (e.g., invoices, repair orders), standard transport documents, and an extract from the working time record.

What are the consequences of improper use of the OUT option?

Improper use of the OUT option can result in financial penalties of up to 5000 PLN, suspension of the driving license for 3 months, and in case of an accident - problems with obtaining compensation from the insurer.

Can one drive a tractor unit alone in OUT option?

Yes, one can drive a tractor unit (without a trailer) in OUT option, but only on non-public roads. On public roads, inserting your driver card into the tachograph is mandatory, and it is not permitted to drive a vehicle with the OUT function activated.

When is driving without a driver card illegal?

Driving without a driver card is illegal in all cases of performing road transport subject to the obligation of working time registration, i.e., during standard commercial transport and commercial transport. Incorrect use of the driver card is punishable by a fine of 2000 PLN, and from January 1, 2022, it may result in suspension of the driving license for a period of three months. This also applies to situations where the driver uses someone else’s card, uses another driver’s record sheet, or deliberately manipulates the tachograph to avoid registration.