Interpretation and classification of ADR infringements for ERRU

1. 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

2. 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

3. 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?

4. 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

5. 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

6. 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

7. Basis ECR ECR cooperation is founded on a Ministerial Administrative Agreement (1999 & 2007) Signing session March 2007

8. 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)

9. Structure of ECR External representation

10. 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)

11. EUCARIS / TACHOnetIntegrated EUCARIS TACHOnet Member State Member State Central hub Member State Member State

12. One generic technical frameworkfor different legal frameworks Mileage Kilometresand Miles data eCall Technical Vehicle data EUCARIS Treaty Technical vehicle & driving licence data RESPER Driving licence data PTI ERRU Technical Transport VehicleUndertakings data and Inspection Results Prüm/ Council Decisions Vehicle-, Owner-holder Insurance info Bilateral treaties/ File transfers Personal and technical data (traffic fines) TACHO net Tacho-graph Cards EUCARISgeneric framework/technology/basic system: authorisation, encryption, signing, logging, routing, MCI, queuing, retry, helpfiles, translation, statistics

13. Most serious infringement (MSI)

14. Example l Infringements • BELGIUM • Road check, Danish truck, serious infringement • - Belgium informs Denmark that serious infringement was committed by Danish operator DENMARK 14

15. Good repute transport manager

16. Example l Good repute of transport managers BELGIUM - 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 16

17. Annex IV most seriousinfringements 17 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.

18. 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. 18

19. Annex IV most seriousinfringements 19 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.

20. 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. 20

21. 22 infringements after breaking them down:

22. 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 ? 22

23. 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? 23

24. 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? 24

25. Criticalsuccess factors ERRU • Sufficient funding at a national and European level of the ERRU implementation and related activities. Current situation in Europe

26. 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. 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: 12-ECR-ERRU(NO-013)EN doc doc (2).doc

27. 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).

28. A suggested approach how to identify these serious infringements ERRU- matrix serious infringements ADR xls.xls

29. 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.

30. Thanks for your attention! European Corporation Road transport enforcement!