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(c) International Road Transport Union (IRU) 2012 Tachograph fraud – the IRU perspective Osnabrück, 25 October 2012 Marc Billiet Head EU Goods Transport.

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Presentation on theme: "(c) International Road Transport Union (IRU) 2012 Tachograph fraud – the IRU perspective Osnabrück, 25 October 2012 Marc Billiet Head EU Goods Transport."— Presentation transcript:

1 (c) International Road Transport Union (IRU) 2012 Tachograph fraud – the IRU perspective Osnabrück, 25 October 2012 Marc Billiet Head EU Goods Transport Page 1

2 OVERVIEW 1.A Brief Background to the IRU 2.The Threat of Tachograph Fraud 3.Revising the Tachograph Regulation 4.Current Enforcement Problems 5.A Partnership for better enforcement: The TISPOL / ECR / IRU Declaration of Intent 1.A Brief Background to the IRU 2.The Threat of Tachograph Fraud 3.Revising the Tachograph Regulation 4.Current Enforcement Problems 5.A Partnership for better enforcement: The TISPOL / ECR / IRU Declaration of Intent (c) International Road Transport Union (IRU) 2012 Page 2

3 This is the IRU (c) International Road Transport Union (IRU) 2012 Page 3

4 (c) International Road Transport Union (IRU) 2012 Evolution of IRU Membership 1948: eight founder countries 2012: 170 Members in 73 countries 2012: 22 CRIPA Members 2012: 170 Members in 73 countries Page 4

5 IRU Secretariat General (c) International Road Transport Union (IRU) – IRU founded in Geneva 1973 – IRU Permanent Delegation to the European Union in Brussels 1998 – IRU Permanent Delegation to Eurasia in Moscow 2005 – IRU Permanent Delegation to the Middle East and Region in Istanbul 2012 – IRU Permanent Delegation for Africa in Casablanca Page 5

6 IRU Priority Issues Sustainable Development Innovation Incentives Infrastructure Facilitation Trade Tourism Road Transport These are also the priorities of the IRU Academy Page 6 © International Road Transport Union (IRU) 2012

7 (c) International Road Transport Union (IRU) 2012 A Sustainable and Responsible Workforce Companies must be able to operate EFFICIENTLY, FLEXIBLY and with the necessary SKILLS. To do so road transport must remain an ATTRACTIVE career choice maximising skills and ensuring good CONDITIONS. All this depends on a WELL BALANCED and WELL ENFORCED framework of social rules All this depends on a WELL BALANCED and WELL ENFORCED framework of social rules Page 7

8 (c) International Road Transport Union (IRU) 2012 The EU Social Rules Framework The EU Social Rules Framework Driving and Rest Time Rules – in force from 11 April 2007 Driving and Rest Time Rules – in force from 11 April Establishes basic rules for driving and rest time Digital Tachograph – compulsory from 11 May 2006 Digital Tachograph – compulsory from 11 May Introduces new equipment in all vehicles for recording driving rest times rules Social Rules Enforcement – in force from 1 May 2006 Social Rules Enforcement – in force from 1 May Minimum new controls on driving and rest times Working Time Directive – from 23 March 2005 Working Time Directive – from 23 March Sets limits for maximum total working time Driver Training Directive – from 10 September 2008/9 Driver Training Directive – from 10 September 2008/9 - Introduces compulsory CPC qualification and periodic training Page 8

9 Whats at stake and whats behind tachograph fraud Tachograph fraud will undermine: Tachograph fraud will undermine: Regulatory compliance & respect for key areas of the EU road transport social rules framework,Regulatory compliance & respect for key areas of the EU road transport social rules framework, The businesses of lawful operators & image of the sectorThe businesses of lawful operators & image of the sector Road safety, working conditions and fair competitionRoad safety, working conditions and fair competition No excuses, but many causes of tachograph fraud No excuses, but many causes of tachograph fraud Fierce competition,Fierce competition, Rising operating costs especially fuel,Rising operating costs especially fuel, Fall out of economic crisis,Fall out of economic crisis, Excessively rigid rules or heavy handed enforcementExcessively rigid rules or heavy handed enforcement (c) International Road Transport Union (IRU) 2012 Page 9

10 Review of the Tachograph Regulation (1) Security is at the heart of the EC review. IRU supports: Security is at the heart of the EC review. IRU supports: Proportionate steps to reinforce the technical security of the device, building on existing measuresProportionate steps to reinforce the technical security of the device, building on existing measures More secure encryption codes, in line with real threats but supported by an efficient migration strategy.More secure encryption codes, in line with real threats but supported by an efficient migration strategy. Mobile controls to improve targeted enforcement but with safeguards and proven technology, and limited list of offences.Mobile controls to improve targeted enforcement but with safeguards and proven technology, and limited list of offences. Use of GPS under certain conditions: signals should be free of charge; could be used to support cabotage enforcementUse of GPS under certain conditions: signals should be free of charge; could be used to support cabotage enforcement (c) International Road Transport Union (IRU) 2012 Page 10

11 Review of the Tachograph Regulation (2) Security is at the heart of the EC review. IRU supports: Security is at the heart of the EC review. IRU supports: Accredited operator workshops for tachographsAccredited operator workshops for tachographs Postponement of the merging of the driver card and drivers licence.Postponement of the merging of the driver card and drivers licence. Reinforcement of the training for inspectorsReinforcement of the training for inspectors Removal of the attestation formRemoval of the attestation form (c) International Road Transport Union (IRU) 2012 Page 11

12 Review of the Tachograph Regulation (3) The IRU opposes: The IRU opposes: Extension of the scope of vehicles above 2.8 tonnes.Extension of the scope of vehicles above 2.8 tonnes. Compulsory retrofitting of tachographs with GPS tool.Compulsory retrofitting of tachographs with GPS tool. Exemptions from tachograph use for certain transports.Exemptions from tachograph use for certain transports. Employer liability extended to drivers placed at their disposal.Employer liability extended to drivers placed at their disposal. Highest possible sanctions for all very serious infringements listed in Directive 2006/22.Highest possible sanctions for all very serious infringements listed in Directive 2006/22. Weight sensors to control loading and unloading.Weight sensors to control loading and unloading. (c) International Road Transport Union (IRU) 2012 Page 12

13 Review of the Tachograph Regulation (4) The tachograph must retain its policing function but must also become an aid for drivers & firms The tachograph must retain its policing function but must also become an aid for drivers & firms Better and safer placement of the device within the vehicle,Better and safer placement of the device within the vehicle, Better integration of ITS technologies via a standardised interface,Better integration of ITS technologies via a standardised interface, Reduced administrative burdens and simplified tasks for drivers, for example by eliminating attestation forms,Reduced administrative burdens and simplified tasks for drivers, for example by eliminating attestation forms, Common EU standards for training enforcers,Common EU standards for training enforcers, (c) International Road Transport Union (IRU) 2012 Page 13

14 The need for a broader approach Problems with Driving and Rest Time Rules and their enforcement Problems with Driving and Rest Time Rules and their enforcement Less flexibility for drivers and companies to accommodate their own needs and work life balanceLess flexibility for drivers and companies to accommodate their own needs and work life balance Lack of suitable rest facilitiesLack of suitable rest facilities Regulation compromised by too many national and even regional interpretations and enforcement practicesRegulation compromised by too many national and even regional interpretations and enforcement practices Non-recognition of national tolerances or exemptionsNon-recognition of national tolerances or exemptions Drivers under strain from sometimes arbitrary and heavy handed enforcement and sanctioning policiesDrivers under strain from sometimes arbitrary and heavy handed enforcement and sanctioning policies (c) International Road Transport Union (IRU) 2012 Page 14

15 The EU Enforcement Problem A COMMON PURPOSE & REGULATORY FRAMEWORK BUT A FRAGMENTED ENFORCEMENT SPACE (c) International Road Transport Union (IRU) 2012 Page 15

16 Test case ERRU: The challenges Different speeds. Not everyone ready on 31/12/2012 Different speeds. Not everyone ready on 31/12/2012 Different interpretations of the provisions of Regulations 1071/2009 and 1072/2009 Different interpretations of the provisions of Regulations 1071/2009 and 1072/2009 Different implementation of the provisions. Different implementation of the provisions. Varying approaches to enforcement. Varying approaches to enforcement. = Perfect scenario for: Different treatment in the EU Member States Different treatment in the EU Member States More distortion of competition More distortion of competition Page 16 (c) International Road Transport Union (IRU) 2012

17 Intelligence lead enforcement? Only possible if ALL Member States have the same approach in terms of Interpretation Interpretation Weighing of infringements Weighing of infringements Proportionality Proportionality Sanctioning Sanctioning Appeals procedures Appeals procedures Liability Liability Access Access Is this feasible in the EU? Page 17 (c) International Road Transport Union (IRU) 2012

18 Partnership for better Enforcement TISPOL, ECR, IRU Declaration of Intent (signed March 2010) aims to jointly: TISPOL, ECR, IRU Declaration of Intent (signed March 2010) aims to jointly: Build a common EU Enforcement environment, from the current mosaic of national and regional zones, removing unnecessary extra costs and legal uncertainty.Build a common EU Enforcement environment, from the current mosaic of national and regional zones, removing unnecessary extra costs and legal uncertainty. Identify how to boost the efficiency of controls and industrys regulatory compliance, including through a new control culture using education as well as sanctions.Identify how to boost the efficiency of controls and industrys regulatory compliance, including through a new control culture using education as well as sanctions. Launch a model of progressive dialogue between the enforcement bodies and operators recognising that both have a joint stake in shaping controls.Launch a model of progressive dialogue between the enforcement bodies and operators recognising that both have a joint stake in shaping controls. (c) International Road Transport Union (IRU) 2012 Page 18

19 Concrete Actions Work Programme highlights work on: Work Programme highlights work on: Harmonised interpretations and enforcement requirements, require enforcement impact assessment of EU legislation.Harmonised interpretations and enforcement requirements, require enforcement impact assessment of EU legislation. Co-host the ECR Complaints desk & work towards fair, dissuasive, proportionate and better aligned penalties.Co-host the ECR Complaints desk & work towards fair, dissuasive, proportionate and better aligned penalties. Improving the quality of enforcement in cooperation with IRU Academy via common standards of training especially through the TRACE project and longer term strategic partnership with EC.Improving the quality of enforcement in cooperation with IRU Academy via common standards of training especially through the TRACE project and longer term strategic partnership with EC. Intensified cooperation in the field of safe and secure parking especially through the TRANSPark project.Intensified cooperation in the field of safe and secure parking especially through the TRANSPark project. Common efforts to counter vehicle crimeCommon efforts to counter vehicle crime (c) International Road Transport Union (IRU) 2012 Page 19

20 Conclusions Many enforcement problems and mutual issues to deal with, that can best be dealt with in partnership. Many enforcement problems and mutual issues to deal with, that can best be dealt with in partnership. Tachograph fraud is a top priority. Tachograph fraud is a top priority. IRU is committed to working with you to achieve better compliance and a healthier, safer more sustainable sector. IRU is committed to working with you to achieve better compliance and a healthier, safer more sustainable sector. TISPOL, ECR, IRU Declaration of Intent. Now time to turn commitment into actions (c) International Road Transport Union (IRU) 2012 Page 20

21 (c) International Road Transport Union (IRU) 2012 Page 21


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