Transcript ERRU classification of infringements as defined in Regulation EC no

Interpretation and
classification of ADR
infringements for
ERRU
Rotterdam 21-23 November 2012
Informal working group on checks
of dangerous goods by road
By
Gerard Schipper
Senior inspector / specialist
ILT/NL
ECR general delegate
ECR – TISPOL liaison officer
Tentavie conclusions of day 1
• The idea to explore training needs and levels is recognised and
supported by the working group
• Minimum standard
• Advanced training
• Initial training and continuous training
• Training on a voluntary basis and according to the needs
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Possible next steps
•
•
•
•
•
Establishment of a small working group hosted by ECR
Meeting estimated at two before the Ireland meeting in September\
Facilitated in Brussels by Benelux/ECR
Involve the EC
Access the possibility to establish a training framework at EU level
Which country / organisation is prepared to join the
proposed preparational working group?
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This presentation is about:
• Short introduction of ECR
• The context of ERRU in relation to road transport of dangerous goods
• A suggested approach how to interpret the ERRU Annex IV
infringements related to the road transport of dangerous goods
• The identification of serious infringements next to the most serious
infringements according to ERRU
• A suggested approach how to identify these serious infringements
• Conclusions and possible next steps
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Euro Controle Route
Contact:
Euro Contrôle Route
secretariat
Rue de la Régence 39
1000 Brussels
Belgium
T: +32 2 519 3 892
www.euro-contrôle-route.eu
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What is ECR?
• Cooperation of European road transport
inspectorates, with the aim to enhance their
enforcement activities, in order to improve:
 road transport safety
 compliance of the road transport and social
legislation
 fair competition
 enforceability of road transport legislation
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Basis ECR
ECR cooperation is founded on a Ministerial
Administrative Agreement (1999 & 2007)
Signing
session
March
2007
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Members and active observers of ECR
•1999: BENELUX and France
•2001: Ireland and Germany
•2002: United Kingdom and Spain
•2004: Austria and Poland
•2007: Romania, Bulgaria and Italy
•2008: Hungary
•2010: Lithuania, Slovenia & Czech Republic
•2011: Italy left ECR (no adequate resources)
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Structure of ECR
Steering
Committee
External
representation
ECR
secretariat
EX.CO
TRAINING /
EXCHANGE
HARMONIE
TACHOWEB
GROUP
DANGEROUS
GOODS
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REGULATION (EC) No 1071/2009 OF THE
EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 21 October 2009
establishing common rules concerning the conditions to
be complied with to pursue the occupation of road
transport operator and repealing Council Directive
96/26/EC
(Text with EEA relevance)
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EUCARIS / TACHOnet Integrated
EUCARIS
TACHOnet
Member State
Member State
Central
hub
Member
State
Member
State
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One generic technical framework
for different legal frameworks
Prüm/ Bilateral
Council treaties/ RESPER Mileage
Treaty
Decisions File
transfers
EUCARIS
Technical Vehicle-,
Ownervehicle
& driving holder
licence Insurance
info
data
Personal
and
technical
data
(traffic
fines)
Driving
licence
data
Kilometres
and
Miles
data
TACHO
net
Tachograph
Cards
eCall
PTI
ERRU
Technical
Vehicle
data
Technical
Vehicle
Undertakings
data and
Inspection
Results
Transport
EUCARIS generic framework/technology/basic system:
authorisation, encryption, signing, logging, routing, MCI, queuing, retry, helpfiles, translation, statistics
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Most serious infringement (MSI)
Infringement Notification
Acknowledgement
Infringement Response
Acknowledgement
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Example
l
Infringements
BELGIUM
- Road check, Danish truck, serious infringement
- Belgium informs Denmark that serious infringement
DENMARK
was committed by Danish operator
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Good repute transport manager
Search request
Acknowledgement
Search Response
Acknowledgement
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Example
Good repute of
transport managers
BELGIUM
l
- Mr Leveque wants to establish a Road Transport
Undertaking in Belgium.
- Belgium consults all other Member states to check
if applicant is not declared „unfit“ for the profession.
AT, BG, CY … UK
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Annex IV most serious infringements
ANNEX IV
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.
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Annex IV most serious infringements
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.
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Annex IV most serious infringements
4. Transporting dangerous goods that are prohibited for
transport or transporting such goods in a prohibited or nonapproved 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.
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Annex IV most serious infringements
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.
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22 infringements after breaking them down:
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Positions and questions
Interpretation of serious infringements in practice
Example:
MSI 402: transport of dangerous goods in prohibited or
non-approved means of containment e.g. Packages pg. III
instead of II. Is the transport company responsible, or the
shipper / packer ?
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Positions and questions
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?
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Positions and questions
The attribution of serious infringements to
the undertaking, TM or both?
Example:a
To 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?
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Critical success factors ERRU
 Sufficient funding at a national and European level of the ERRU
implementation and related activities.
Current situation in Europe
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A suggested approach how to interpret the ERRU
Annex IV dangerous goods entries
Elaboration of the most serious infringements as defined in Annex IV to
Regulation EC 1071/2009/EC
MS1 401:
Substances not accepted for carriage
Explosive substances and articles
Explosive substances that are extraordinarily sensitive according to the criteria of
the Tests and Criteria Manual, part I, or can be subject to a spontaneous
reaction, as well as explosive substances and articles that are not named
under a designation or cannot be classified under an n.o.s. entry in Table A
of chapter 3.2, are not accepted for carriage.
Articles of compatibility group K (1.2 K, UN number 0020, and 1.3 K, UN number
0021) are not accepted for carriage.
12-ECRERRU(NO013)EN doc doc
(2).doc
2.2.2.2
Gasses
The chemically unstable substances of class 2 are not accepted for carriage,
unless the necessary measures are taken in order to prevent any possibility
of a dangerous reaction, for example decomposition, dismutation or
polymerisation, under normal transport conditions. To this end, particular
care must be taken to ensure that the receptacles do not contain any
substances liable to promote these reactions.
The following substances and mixtures are not accepted for carriage:
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The identification of serious infringements next to the
most serious infringements according to ERRU
•
Article 16 (2) Regulation 1071/2009/EC
For the purposes of point (e), Member States may, until 31 December 2015, choose to
include in the national electronic register only the most serious infringements set out in
Annex IV.1071/2009/EC
•
Article 6 (2) b) Regulation 1071/2009/EC
The Commission shall draw up a list of categories, types and degrees of seriousness of
serious infringements of Community rules which, in addition to those set out in Annex IV,
may lead to the loss of good repute. Member States shall take into account information
on those infringements, including information received from other Member States, when
setting the priorities for checks pursuant to Article 12(1).
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A suggested approach how to identify these
serious infringements
ERRU- matrix
serious
infringements
ADR xls.xls
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Conclusions and possible next steps
• Provisionally agreed input of the MSI’s 401, 402 and 403 of Annex IV
Regulation 1071/2009/EC
• Provisionally agreed approach of the identification of the serious
infringements (SI), next to the most serious infringements (MSI) of
ADR
• Bring it to the EC Infringement Working Group under the EC Road
Transport Committee. Planned meeting 4th of December 2012 in
Brussels.
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Thanks for your attention!
European
Corporation
Road transport enforcement!
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