ADR and ERRU ( Electronic Register Road Transport Undertakings ) Mr. Gerard Schipper

Euro Contrôle Route

ADR and ERRU (Electronic Register Road Transport Undertakings)

Mr. Gerard Schipper

ECR External Representation

7th of July, Brussels

www.euro-controle-route.eu

Euro Contrôle RouteEuro Contrôle Route

Presentation of legal background for ERRU

Overview of most serious infringements (Annex IV)

Selecting those risk category I infringements*, which can classify as ADR related most serious infringements in Annex IV

* in accrodance with Directive 2004/112


→ legal background

“road package” adopted by the Commission comprises 3 legal acts:

- pursue (admission to) occupation of road transport operator (Reg. 1071/2009/EC)

(shall apply from 4th December 2011)

- access to international road haulage market (Reg. 1072/2009/EC)

- access to international coach and bus services market (Reg. 1073/2009/EC)

-> let’s take a quick look at the recitals of Reg. 1071 related the ERRU and most serious infringements stored within


Article 16 - Establishment of an ERRU

Timeframe:

- minimal dataset to be determined by December 2009 (done)

- however apart from the most serious infringements in Annex IV the serious ones will have be to be entered from 2015 onwards

- technical procedures for consultation (data format), interoperability etc. to be laid down by 2010 December – TUNER project on behalf of EU Commission conducted by a consortium involving ECR

- interconnection by 2012 December, but administrative cooperation via contact points from 4 December 2011


1. ERRU and good repute Harmonisation and implementation of the good repute requirement


3. Requirement of good repute Good repute road transport undertaking and transport manager

- National conditions: No compelling grounds for doubting the good repute

- Community conditions:No conviction of or penalty for a serious infringement


4. Consequences loss of good repute?

May result in: - Suspension or withdrawal authorisation

undertaking- Declaration of unfitness of the transport

manager (TM)


What is good repute? Community conditions: 7 serious infringements 1.Exceeding permitted driving time; 2.No tachograph or speed limiter, omission driver card data;3. No roadworthiness; 4. Carriage of dangerous goods; 5. No valid? driving licence or valid? authorisation; 6. Falsified or falsely obtained driving licence; 7. Exceeding maximum weight.

ANNEX IV.doc


Decision process / assessment good repute - Penalty for or conviction of a serious

infringement by TM or undertaking- Proportionality check loss of good repute- If deemed proportionate; - A) declaration of unfitness TM - B) 6 months term to decide on withdrawal of the

authorisation undertaking- Or, suspension or withdrawal of the

authorisation undertaking due to its conduct


Challenges towards harmonisation and legal certainty 1. Interpretation of serious infringement in practice2. Detection, forwarding and registrations of these infringements3. Attribution of the serious infringements to the undertaking, TM or both?4. Interpretation and application of the proportionality check related to the loss of good repute5. What is rehabilitation?

What contributes to a uniform application of the requisite of good repute?


Positions and questions Sub 1: Interpretation of serious infringements in practice

Example: Driving licence expired two days? What if the most serious infringement is addressed to the driver only? Undertaking?


Positions and questions Sub 2: Detection, forwarding and proper registration of the MSI’s within the ERRU database

Example: Are all control officers capable and aware of the fact that they detected a MSI and how they should act in line with ERRU?


Positions and questions Sub 3: The attribution of serious infringements to the undertaking, TM or both?

Example:aTo which actor or party is a specific MSI’s directed to according to national law? If the MSI is directed solely to the undertaking is it then legally possible to declare the TM?


Positions and questions Sub 4: Interpretation and application of the proportionality check related to the loss of good repute

ExampleHow many sanctions or convictions of serious infringements are needed in order to decide the loss of good repute of an undertaking or TM? What are the other relevant criteria and considerations when deciding upon the final loss of good repute? For example; involvement of management, intent, (gross) negligence, recidivism and additional circumstances. size company, other relevant criteria?


Positions and questions 5. What does rehabilitation entail? Example:• The TM has passed an integrity exam with good

results• Rehabilitation resulting from a civil court case,

ruling that the initial unfitness was unlawful • The reconstitution of the transport undertaking's

management


Will a common approach and strategy towards enforcement and implementation of legislation that regulates the requirements of good repute (the 7 MSI’s) lead to the following benefits: Fair competition?Public and road safety?Transparent government?Legal certainty?

12. Discussion12. Discussion

12. Discussion12. Discussion 12. Discussion

13. Discussion

12. Discussion

12. Discussion

12. Discussion

ssion


Most serious infringements for the purposes of Article 6(2)(a)

1. (a) Exceeding the maximum 6-day or fortnightly driving time limits by margins of 25 % or more. (b) Exceeding, during a daily working period, the maximum

daily driving time limit by a margin of 50 % or more without taking a break or without an uninterrupted rest period of at least 4,5 hours.

2. Not having a tachograph and/or speed limiter, or using a fraudulent device able to modify the records of the recording equipment and/or the speed limiter or falsifying record sheets or data downloaded from the tachograph and/or the driver card.


3. Driving without a valid roadworthiness certificate if such a document is required under Community law and/or driving with a very serious deficiency of, inter alia, the braking system, the steering linkages, the wheels/tyres, the suspension or chassis that would create such an immediate risk to road safety that it leads to a decision to immobilise the vehicle.

4. Transporting dangerous goods that are prohibited for transport or transporting such goods in a prohibited or non-approved means of containment or without identifying them on the vehicle as dangerous goods, thus endangering lives or the environment to such extent that it leads to a decision to immobilise the vehicle.


5. Carrying passengers or goods without holding a valid driving licence or carrying by an undertaking not holding a valid Community licence.

6. Driving with a driver card that has been falsified, or with a card of which the driver is not the holder, or which has been obtained on the basis of false declarations and/or forged documents.

7. Carrying goods exceeding the maximum permissible laden mass by 20 % or more for vehicles the permissible laden weight of which exceeds 12 tonnes, and by 25 % or more for vehicles the permissible laden weight of which does not exceed 12 tonnes.


1, Transporting dangerous goods that are prohibited for transport

Quite straight forward - transport of not stabilised or uninhibited (very) sensitive unstableexplosive substances2, Transporting dangerous goods in a prohibited or non-approved means of containment, thus endangering lives or the environment to such extent that it leads to a decision to immobilise the vehicle3, Transporting dangerous goods without identifying them on the vehicle as dangerous goods, thus endangering lives or the environment to such an extent that is least to a decision to immobilise the vehicle


2, Transporting dangerous goods in a prohibited or non-approved means of containment, thus endangering lives or the environment to such extent that it leads to a decision to immobilise the vehicle

4.3.2.1.5 in conjunction with 7.4.1 in conjunction with 3.2 (Table A) Transport of dangerous goods not allowed in tanks4.3.2.3.5/4.3.2.4.1 Dangerous residue of transported goods on outside7.3.1.1 Goods delivered in bulk in vehicles or containers not allowed4.1.1.1 Not packaged according to set requirements4.1.1.3 Not tested successfully


2, Transporting dangerous goods in a prohibited or non-approved means of containment, thus endangering lives or the environment to such extent that it leads to a decision to immobilise the vehicle

4.1.1.4 Insufficient empty space to transport liquids4.1.1.5 Incorrectly packaged and secured interior packing4.1.1.6 Combined packaging of incompatible goods (cf. also 7.5.2/7.5.4 mixed loading prohibition)4.1.1.8 Interior packing insufficiently resistant to internal pressure or incorrect ventilation installation4.1 in conjunction with 3.2 (Table A) Packaging not allowed for this substance


3, Transporting dangerous goods without identifying them on the vehicle as dangerous goods, thus endangering lives or the environment to such an extent that is least to a decision to immobilise the vehicle

8.1.3 in conjunction with 5.3.2.1 Signs are wholly/partially missing, are illegible or have not been installed properly5.3.2.1.2/5.3.2.1.4 No/incorrect risk identification numbers and/or UN number8.1.3 in conjunction with 5.3.1 No large label in accordance with chapter 5.35.3.1.1 in conjunction with 3.2 (Table A) Large labels display wrong class


Thanks for your attention!Thanks for your attention!

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ADR and ERRU ( Electronic Register Road Transport Undertakings ) Mr. Gerard Schipper