Driving in OUT Mode 2026
Exemption Guide: Out-of-Scope Driving and Regulation (EU) 165/2014
Fined for Misusing OUT Mode? Beware of GNSS
In 2026, the new V2 smart tachographs cross-reference GPS/Galileo positions with OUT mode. Activating "Out of Scope" to hide actual driving is considered falsification of public records, with fines exceeding €4,001 and potential criminal implications.
- ✅ When is it legal? Only for journeys exempted by Art. 3 of Regulation 561/2006 (roadworks, public services, technical tests).
- ✅ The Card Requirement: Even in OUT mode, it is recommended to keep the card inserted to avoid "driving without card" events in the vehicle record.
- ✅ The Costliest Error: Using OUT mode to move the truck during a daily rest period in a private area that is not a designated loading zone.
Chapter 1: What is OUT Mode and What Does "Out of Scope" Mean?
The technical term "Out of Scope" (OUT mode) refers to situations where a vehicle, despite being required to have a tachograph installed, performs a journey that is not subject to the driving and rest time rules of Regulation (EC) No 561/2006.
Historically, OUT mode has been a "gray area" exploited for fraud. However, in 2026, DSRC (Dedicated Short Range Communication) technology allows transport patrols to remotely read if a vehicle is operating in OUT mode. If sensors detect a 40-tonne truck cruising on a highway in OUT mode, it will be pulled over immediately.
1.1. Legal Basis: Article 3 of Regulation 561/2006
The regulation specifies a closed list of exemptions. It is not a matter of free interpretation by the carrier. Among the most common in 2026 are:
- Vehicles with a maximum authorized speed not exceeding 40 km/h.
- Vehicles owned or hired without a driver by the armed forces, civil defense, and fire services.
- Vehicles undergoing road tests for technical improvement, repair, or maintenance purposes (workshops).
- Non-commercial carriage of goods for private purposes (personal moves in vehicles over 3.5t).
Chapter 2: OUT Mode in Private Premises and Construction Sites
This is the scenario that generates the most sanctions in the transport fine scale. There is a common misconception that "inside a warehouse or closed compound, everything is OUT."
2.1. Defining "Public Road" vs. "Private Premises"
For driving to be considered out of scope based on location, the premises must be physically closed to public traffic. An industrial estate with open access, even if the warehouse is private, is considered a road open to the public. Thanks to its internal positioning maps, the V2 tachograph records whether the movement occurs in a logistic loading zone or on a national road, invalidating OUT mode if there is a geographical discrepancy.
2.2. Road Maintenance and Cleaning Vehicles
Vehicles used for road maintenance (snowplows, sweepers) are exempt while performing their technical function. However, the journey from the base to the worksite MUST be recorded as normal driving if the driver needs to comply with prior rest times.
Chapter 3: Card Inserted or Out in OUT Mode?
Technically, OUT mode records the activity of the vehicle, not the driver. But in 2026, the recommendation from TachoTools experts is clear: Always keep the card inserted.
3.1. Avoiding "Driving Without Card" Incidents
If you move the vehicle in OUT mode without a card, the tachograph will generate a "Driving without valid card" event. Although you can justify it later, this triggers a red flag in the company's risk analysis. By inserting the card and activating OUT mode, the .DDD file links that movement to your identity but with the exemption modifier, providing total legal security during an inspection.
Guide to Correct Use of OUT Mode
| Situation | Is OUT Mode Legal? | TachoTools Recommendation |
|---|---|---|
| Brake test in workshop | YES | Note "Workshop test" on the printout |
| Movement on ferry/train | NO | Use the Ferry/Train function |
| Domestic waste collection | YES | Keep card inserted at all times |
| Own goods delivery (Radius < 100km) | YES (if MAM < 7.5t) | Verify specific national exemptions |
Chapter 4: The Danger of OUT Mode during Rest Periods
The biggest error detected by our analysis software is using OUT mode to "clean" the tachograph. Many drivers activate OUT to move the truck 500 meters within a parking lot to avoid breaking a daily rest period.
4.1. Rest is Sacred and Uninterrupted
Regulations state that rest must be a period of free disposal. If you move the vehicle, even in OUT mode, you are performing a task of driving or availability, which resets the rest counter to zero. The V2 smart tachograph will record speed and position; if an inspector sees movement at 4:00 AM during a rest period, OUT mode will not serve as an excuse, and the sanction will be for lack of daily rest.
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Chapter 5: Additional Records and Documentation
Using OUT mode does not exempt you from the burden of proof. In 2026, the responsibility to provide evidence lies with the transport company.
5.1. Attestation of Activities and Printouts
Although the attestation of activities is no longer mandatory for rest periods, it is highly recommended to issue an internal document or keep tachograph printouts when driving in OUT mode for workshop or technical reasons. On these printouts, the driver should manually sign the back explaining the reason for the exemption.
FAQ: Doubts about Out-of-Scope Driving
Conclusion: OUT Mode is Not an Invisible Shield
Out-of-scope driving in 2026 requires higher technical knowledge than in previous years. With satellite monitoring and remote access to tachograph data, OUT mode must be the exception, never the rule. Transparency is the best defense: use OUT mode only when the law permits and ensure your .DDD files reflect the operational reality of your fleet to avoid devastating sanctions.