From 1 July 2026. Polish transport companies that use minibuses with a maximum authorised mass (MAM) of between 2.5 t and 3.5 t and travel through German territory will face a whole new set of obligations. The obligation to fit tachograph in a minibus up to 3.5 tonnes stems from the so-called. Mobility Package and the amendments to Regulations (EC) No 561/2006 and No 165/2014.
For many business owners who use vans such as the Iveco, Renault or Mercedes Sprinter to transport goods between Poland and the EU – particularly via Germany and France – the use of a tachograph will become compulsory.
Tachographs in minibuses weighing up to 3.5 tonnes – who will be affected by the new requirement from 1 July 2026?
Under the Mobility Package, from 1 July 2026, vehicles with a maximum authorised mass (MAM) of more than 2.5 tonnes but not exceeding 3.5 tonnes, used for:
– the international carriage of goods for remuneration,
– cabotage for remuneration in another Member State,
will be subject to the provisions on driving times, breaks and rest periods set out in Regulation (EC) No 561/2006, and to the requirement to equip the vehicle with second-generation smart tachograph (G2V2 version) and its correct use.
The requirement for a tachograph on coaches also applies to transit journeys through Germany. If a 3.5-tonne van is travelling from Poland to, for example, France, is carrying goods or is part of a commercial transport operation, its transit through Germany will be checked to ensure the tachograph is being used correctly.
These new obligations arise, amongst other things, from Articles 2 and 3 of Regulation 561/2006 and the provisions of Regulation 165/2014 (as amended), and are further clarified in Germany by the Fahrpersonalverordnung (FPersV) and the Güterkraftverkehrsgesetz (GüKG). Authorities such as Federal Office for Logistics and Mobility (BALM) They are already announcing increased checks on buses once the changes come into force.
Is it possible to legally avoid using a tachograph in a minibus weighing up to 3.5 tonnes?
Is it possible to legally avoid using a tachograph whilst still carrying out transport operations without the complex administration of driving and rest times? Below, we discuss the basic rules, exceptions (Article 3 of Regulation 561/2006), the practices of the German authorities (BALM / police) and the risks associated with „creative” operating models – using the example of coaches travelling empty from France to Poland „for so-called servicing”.
Exceptions to Article 3 of Regulation 561/2006 – non-commercial carriage of goods and carriage „for personal use”
Many business owners seek relief through the exemptions set out in Article 3 of Regulation 561/2006. In practice, the most common grounds for invoking these exemptions are Article 3(h), which applies to vehicles or vehicle combinations with a maximum authorised mass (MAM) of up to 7.5 tonnes used for the non-commercial carriage of goods. Another exemption from the requirement to fit a tachograph in vehicles up to 3.5 tonnes is Article 3(ha), which relates to the non-commercial nature of transport carried out for the company’s or the driver’s own purposes, where driving is not the driver’s main occupation.
At first glance, it would seem that an „empty” journey from France to Poland – for example, to take a minibus to a garage – could be regarded as the non-commercial carriage of goods (as there is no load), or as transport for one’s own purposes.
Unfortunately, the practice of the authorities and a reasonable interpretation of the regulations are considerably more restrictive.
Firstly, the term „non-commercial carriage of goods” is understood to mean carriage that is not connected with a profit-making transport business – e.g. the private transport of one’s own belongings, occasional transport for hobby purposes, etc. If a vehicle is used as part of a professional transport business (a licensed company, regular transport services for remuneration), then even empty runs between depots form part of that business.
Secondly, Article 3(ha) was introduced with a view to companies for which transport is not the core business (construction, maintenance, installations), and where an employee’s driving is of an ancillary nature and accounts for a smaller proportion of their working time. Meanwhile, in a typical transport company, a driver – even one designated as a „mechanic” – effectively performs the work of a driver, not that of a technician.
Consequently, attempts to „reclassify” a driver as a mechanic on paper, solely to avoid using a tachograph during regular journeys between Poland, Germany and France, are very easy to challenge as circumvention of the law. It is worth bearing this in mind when deciding not to fit a tachograph to a vehicle weighing up to 3.5 tonnes.
Tachograph inspections in Germany – BALM, the police and a strict approach to coaches
For years, Germany has had one of the most restrictive policies in Europe regarding the monitoring of drivers’ working hours and the use of tachographs. This applies not only to 40-tonne lorries, but increasingly also to minibuses up to 3.5 tonnes.
And so, if a vehicle is fitted with a tachograph, it must be used, even if, from the point of view of EU law, the vehicle is not yet subject to a formal obligation. Furthermore, the enforcement authorities consider the entire life cycle of the vehicle. The fact that a particular journey is made empty, without a load, does not automatically exempt it from the application of Regulation 561/2006 if the vehicle is used for commercial transport.
This means that a Polish transport company which declares that it carries out daily commercial transport of goods in France using 3.5-tonne vans, as well as regular „empty” journeys by van through Germany to Poland and back, will, in practice, be treated by BALM as a typical international carrier. In such a scenario, invoking the exceptions under Article 3(h) and (ha), particularly on a recurring basis, may be regarded by the authority as an abuse.
„The driver as mechanic“, a trip to the garage and other „creative” ways to avoid the tachograph
We are increasingly being asked whether it is possible to formally employ a driver as a „mechanic“, or whether it is possible to show in the paperwork that a minibus is travelling solely to a service centre, or, for example, whether an empty journey from France to Poland can be considered „non-commercial” and thus avoid the need to fit a tachograph.
Well, if an employee actually spends most of their time driving a vehicle as part of transport operations, they are treated as professional driver – regardless of the job title or the terms of the contract. Furthermore, if the vehicle is used for the commercial carriage of goods (even if only within France), an empty return journey to Poland would form part of fleet management within the transport business, rather than being a „private journey”.
Structures of this kind may „slip through” in the short term during a single inspection if the officer does not look into the matter in depth. We should bear in mind, however, that with a recurring pattern of operation, combined with data from monitoring systems, repeated journeys and possible administrative proceedings, the risk of the true nature of the business being exposed is high.
One must be prepared not only for fines imposed on the driver, but also for financial penalties for the company, and, in extreme cases, for the risk of reputational damage and the carrier’s credibility being undermined.
How to legally avoid using a tachograph on a minibus – and when is it better to fit one?
This does not mean that, from 1 July 2026, a tachograph will be absolutely essential for every 2.5–3.5 t minibus. There are situations in which:
– company is not a carrier,
– the transport of goods is of a ancillary and incidental,
– the employee does, in fact, mainly carry out tasks other than driving,
In such cases, the application of Article 3(ha) may be considered. However, this requires a very thorough analysis of the facts, working hours and the structure of the assignments, as well as the proper organisation of the relevant documentation.
However, in the case of companies specialising strictly in transport – which earn their income from transporting goods within the EU, and whose vehicles with a gross vehicle weight of 2.5–3.5 tonnes regularly cross borders (e.g. in transit through Germany) – the only strategy that is safe in the long term This will involve fitting vehicles with smart tachographs and implementing a system for recording driving and rest times.
From a business perspective, it makes sense to treat this as a fixed operating cost, rather than building a model based on dubious exceptions, which could „fall apart” at the first major audit in Germany.
Legal opinion on tachographs from 2026 – an individual analysis of the business model
Every company has a different profile: different routes, different customers, different structures (e.g. a Polish company leasing vehicles to a French company, different forms of driver employment). There is no single, universal way of circumventing the requirement to fit a tachograph that would be legal for everyone.
Therefore, before you decide to invest in tachographs, change your business model (e.g. overseas servicing, restructuring of companies) or develop a concept involving „mechanics” and „service drivers“, it is certainly worth analysing your specific business model in detail, verifying where legitimate exceptions may actually apply, and where attempts at „optimisation” would, in practice, amount to circumventing the law and carry a high risk of penalties.
A professional legal opinion on transport law will not always provide an answer as to how to operate within the EU without a tachograph, but it does allow for an honest assessment of the scale of the risk, identifies safe and less safe options, as well as to prepare documents (including in German) which, in the event of an inspection, may help to minimise damage and demonstrate that the carrier acted in good faith and in accordance with the specialist’s interpretation.
Please get in touch to arrange a personalised consultation or to request a written legal opinion regarding your fleet of coaches and journeys through Germany. Manage your risks proactively.
