(c) International Road Transport Union (IRU) 2011 REGULATIONS AND EUROPEAN BEST PRACTICES IN THE ROAD TRANSPORT SECTOR UNTRR INTERNATIONAL SEMINAR Novotel.

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(c) International Road Transport Union (IRU) 2011 REGULATIONS AND EUROPEAN BEST PRACTICES IN THE ROAD TRANSPORT SECTOR UNTRR INTERNATIONAL SEMINAR Novotel Hotel, Bucharest, Romania 5 December, 2011 Damian Viccars Head of Social Affairs and EU Road Safety.

OVERVIEW 1.A Brief Background to the IRU 2.The White Paper on EU Transport Policy 3.Taking Legislation from Paper to Practice: Examples from the EU Aqcuis  Review of the Digital Tachograph Regulation  Enforcing EU Driving and Rest Time Rules  The EU Driver Training Directive 4.Conclusions 1.A Brief Background to the IRU 2.The White Paper on EU Transport Policy 3.Taking Legislation from Paper to Practice: Examples from the EU Aqcuis  Review of the Digital Tachograph Regulation  Enforcing EU Driving and Rest Time Rules  The EU Driver Training Directive 4.Conclusions 2 (c) International Road Transport Union (IRU) 2011

Evolution of IRU Membership Page 3 (c) International Road Transport Union (IRU) 2011 Created in 1948 National Associations from 8 founding countries Members 74 Countries BelgiumBelgiumDenmarkDenmarkFranceFranceNetherlandsNetherlands SwedenSweden UKUK SwitzerlandSwitzerlandNorwayNorway

Evolution of IRU Structure 1948 IRU founded in Geneva 1973 IRU Permanent Delegation to the EU established in Brussels 1998 IRU Permanent Delegation to the CIS established in Moscow 2005 IRU Permanent Delegation to the Middle East established in Istanbul

Page 5 IRU Priorities   Facilitation Road transport Trade, Tourism, Wealth Generation Road transport Facilitating movement of goods and people across borders   Sustainable Development Innovation, Incentives, Infrastructure Standards, Safety, Environment, Skilled and Sustainable Workforce,

The EC Transport White Paper … (c) International Road Transport Union (IRU) 2011 Page : EC wants forced modal shift. 2006: EC agrees: forced modal shift does not work! 2011: EC returns to forced to forcedmodalshift! 1992: EC launches opening of the transport market.

The EU Transport White Paper 2011  Challenges to overcome: Congestion, Reduction of GHG Emissions, Dwindling Energy Supplies, Reduce road fatalities, Infrastructure for an enlarged EU, Global Economic Competition.Congestion, Reduction of GHG Emissions, Dwindling Energy Supplies, Reduce road fatalities, Infrastructure for an enlarged EU, Global Economic Competition.  A vision for the transport system of 2050 : Transport to use less energy and use cleaner energy, exploiting a multimodal and ‘intelligent network’. Transport to use less energy and use cleaner energy, exploiting a multimodal and ‘intelligent network’. Creating a competitive and resource efficient transport system. Creating a competitive and resource efficient transport system. Page 7 (c) International Road Transport Union (IRU) 2011

IRU views on the White Paper… Improvement of competitive position Improvement of competitive position Resource efficient transport system Resource efficient transport system C0 2 emissions C0 2 emissions Completion of internal market Completion of internal market Forced modal shift disguised under co-modality Forced modal shift disguised under co-modality How to achieve the targets? How to achieve the targets? Which alternative fuels? Which alternative fuels? Who to finance ? Who to finance ?

What do we REALLY need?  Efficient, sustainable transport system including road freight with non-discriminatory pricing.  Greening of all transport modes at-source.  Possibilities to innovate (weights and dimensions)  New vehicle technologies and economically viable alternative fuels.  Good and safe infrastructure  Practical support for SMART MOVE’s aim to double the use of bus and coach transport. Page 9 (c) International Road Transport Union (IRU) 2011

Page 10 The EU Social Rules Framework The EU Social Rules Framework  Driving and Rest Time Rules – in force from 11 April Establishes basic rules for driving and rest time  Digital Tachograph – compulsory from 11 May In all new vehicles for recording driving rest times rules  Social Rules Enforcement – in force from 1 May Minimum new controls on driving and rest times  Working Time Directive – from 23 March Sets limits for maximum total working time  Driver Training Directive – from 10 September 2008/9 - Introduces compulsory CPC qualification and periodic training

Amending the Tachograph Regulation  Security is at the heart of the EC review. 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 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 11

Review of the Tachograph Regulation  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 signals to improve targeted enforcement but with safeguards and proven technologyMobile signals to improve targeted enforcement but with safeguards and proven technology  IRU Opposes: Compulsory GNSS: will encourage an expensive tachograph technology arms race without delivering any security guarantees. Compulsory GNSS: will encourage an expensive tachograph technology arms race without delivering any security guarantees. 12

Review of the Tachograph Regulation  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, Optional merging of driver licences and driver cardsOptional merging of driver licences and driver cards 1313

14 Driving and Rest Time Rules Regulation 561/2006/EC Driving and Rest Time Rules Regulation 561/2006/EC Sets maximum driving hours and minimum rest for drivers of vehicles over 3.5 Sets maximum driving hours and minimum rest for drivers of vehicles over 3.5 Vital to improve road safety and working conditions Vital to improve road safety and working conditions Vital for fair competition between drivers of different EU countries. Vital for fair competition between drivers of different EU countries. Less flexibility for drivers and companies to accommodate their own needs and work life balance Less flexibility for drivers and companies to accommodate their own needs and work life balance Lack of suitable rest facilities Lack of suitable rest facilities

The EU Enforcement Problem  A COMMON REGULATORY FRAMEWORK  BUT A FRAGMENTED ENFORCEMENT SPACE. 15

Problems with Driving and Rest Time Rules Enforcement Too many national & regional interpretations & enforcement practices.Too many national & regional interpretations & enforcement practices. Non-recognition of national tolerances or exemptions.Non-recognition of national tolerances or exemptions. Variable quality of enforcement.Variable quality of enforcement. Arbitrary / unfair enforcement and sanctioning policies.Arbitrary / unfair enforcement and sanctioning policies. 16

17 Enforcing EU Social Rules  EU Enforcement Directive 2006/22/EC Minimum requirements for enforcing driving and rest time rulesMinimum requirements for enforcing driving and rest time rules Committee and co-operation between Member StatesCommittee and co-operation between Member States - Promote a common approach to rule interpretations, enforcement and categorization of infringements, - Produce official statistical reports on enforcement and compliance. - The IRU is an active observer to this Committee

EU Enforcement Committee: Guidance, Decisions, Recommendations GUIDANCE NOTE 1 Exceptional deviation to find a suitable stopping placeGUIDANCE NOTE 1 Exceptional deviation to find a suitable stopping placeGUIDANCE NOTE 1GUIDANCE NOTE 1 GUIDANCE NOTE Recording driver's travelling timeGUIDANCE NOTE Recording driver's travelling timeGUIDANCE NOTE GUIDANCE NOTE GUIDANCE NOTE 3 Interrupting driver's break or restGUIDANCE NOTE 3 Interrupting driver's break or restGUIDANCE NOTE 3GUIDANCE NOTE 3 GUIDANCE NOTE 4 Driving time recorded in frequent stop operationsGUIDANCE NOTE 4 Driving time recorded in frequent stop operations GUIDANCE NOTE 4GUIDANCE NOTE 4 GUIDANCE NOTE 5 Attestation of activitiesGUIDANCE NOTE 5 Attestation of activities GUIDANCE NOTE 5GUIDANCE NOTE 5 GUIDANCE NOTE 6 Recording of time spent on ferry or trainGUIDANCE NOTE 6 Recording of time spent on ferry or trainGUIDANCE NOTE 6GUIDANCE NOTE 6 COMMISSION DECISION: Calculating daily driving time after insufficient restCOMMISSION DECISION: Calculating daily driving time after insufficient restCOMMISSION DECISION: COMMISSION DECISION: EU Driver Attestation document and modificationEU Driver Attestation document and modificationEU Driver Attestation document and modificationEU Driver Attestation document and modification Categorisation of infringements tableCategorisation of infringements tableCategorisation of infringements tableCategorisation of infringements table Common EU guidelines for national risk rating systemsCommon EU guidelines for national risk rating systemsCommon EU guidelines for national risk rating systemsCommon EU guidelines for national risk rating systems Inspection of tachographs and workshop securityInspection of tachographs and workshop securityInspection of tachographs and workshop securityInspection of tachographs and workshop security 18

TISPOL, ECR, IRU ‘Declaration of Intent’ March 2011 To build a common EU Enforcement environment, remove unnecessary costs, legal uncertainty and boost compliance.To build a common EU Enforcement environment, remove unnecessary costs, legal uncertainty and boost compliance. Harmonised interpretations and enforcement requirements.Harmonised interpretations and enforcement requirements. New control culture using education as well as sanctions.New control culture using education as well as sanctions. ECR Complaints desk & work towards fair, dissuasive, proportionate and better aligned penalties.ECR Complaints desk & work towards fair, dissuasive, proportionate and better aligned penalties. Common standards for training especially through the TRACE project and longer term strategic partnership with EC.Common standards for 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. 19

20 Driver Training Directive   Directive 2003/59/EC’s main goals are: Improve road safety Ensure that all drivers – both in goods and passenger transport - are sufficiently skilled to fulfil job demands Harmonise Community rules to avoid unfair competition  Certificate of Professional Competence (CPC ) Commercial drivers must obtain (in addition to the required licence) an EU CPC issued by Member states following 240 hours compulsory training plus a test or an examinationCommercial drivers must obtain (in addition to the required licence) an EU CPC issued by Member states following 240 hours compulsory training plus a test or an examination Knowledge and skill requirements are specifiedKnowledge and skill requirements are specified Training and examination centres must be approved by GovernmentsTraining and examination centres must be approved by Governments All drivers must undergo 35 hours of periodic training every 5 years to retain the CPCAll drivers must undergo 35 hours of periodic training every 5 years to retain the CPC

Article 3: Qualification and TrainingArticle 3: Qualification and Training Source: EC DG TransportSource: EC DG Transport TranspositionTransposition

Initial qualification process Option 1: course attendance and test Option 1: course attendance and test Option 2: test only Option 2: test only Both systems Both systems (c) IRU Academy 2011

Article 5: Age limits Source: EC DG TransportSource: EC DG Transport Initial Qualification

  Article 8: Certifying Periodic Training Vehicle: C1, C1+E and C, C+E Periodic Training & Transition PeriodsPeriodic Training & Transition Periods Source: EC DG TransportSource: EC DG Transport Unknown IT EL “Until 2016 the date of issuance of the driving licence will be taken into account for checking the acquired rights of the concerned drivers”“Until 2016 the date of issuance of the driving licence will be taken into account for checking the acquired rights of the concerned drivers”

  Article 10: Community Code (c) IRU Academy 2011 Community CodeCommunity Code Source: EC DG TransportSource: EC DG Transport

EU Driver Training Directive  Further variations in: Content and quality of training.Content and quality of training. Costs and financing of training.Costs and financing of training. Training and approval of instructors and training centres.Training and approval of instructors and training centres. Recognition of foreign training.Recognition of foreign training.  Concerns about: Scheduling of periodic trainingScheduling of periodic training Correct enforcement of the Directive abroadCorrect enforcement of the Directive abroad National training capacityNational training capacity   Key Challenge: How to ensure diversity without undermining the objectives of the legislation.  Variation  Variations in Page 26 (c) International Road Transport Union (IRU) 2011

EU Driver Training Directive  Key Challenge: While respecting the need for national diversity, how to ensure the objectives of the legislation are not undermined. European Best Practices are essential. IRU and IRU Academy active on this! STARTS project: DRIVEN project: Page 27 (c) International Road Transport Union (IRU) 2011

Conclusions  Brussels is and will continue to be a major source of transport legislation that affects you and your businesses.  The IRU is your voice to ensure your interests are protected as much as possible in the legislative process.  We are also working to ensure that legislation is applied properly and improved once in place.  Cooperation amongst all stakeholders is key at national and international level. Page 28 (c) International Road Transport Union (IRU) 2011

Page 29 (c) International Road Transport Union (IRU) 2011