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(c) International Road Transport Union (IRU) 2011 THE IRU, TACHOGRAPH FRAUD AND THE ENFORCEMENT OF EU ROAD TRANSPORT RULES ECR & TISPOL Masterclass Catholic Church Academy, Osnabrück, Germany 27 October, 2011 Damian Viccars Head of Social Affairs and EU Road Safety.
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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 2 (c) International Road Transport Union (IRU) 2011
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Evolution of IRU Membership Page 3 (c) International Road Transport Union (IRU) 2011 Created in 1948 National Associations from 8 founding countries 2011 180 Members 74 Countries BelgiumBelgiumDenmarkDenmarkFranceFranceNetherlandsNetherlands SwedenSweden UKUK SwitzerlandSwitzerlandNorwayNorway
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IRU Secretariat General Page 4 (c) International Road Transport Union (IRU) 2011 1948 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 & Region in Istanbul
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IRU Priority Issues Page 5 (c) International Road Transport Union (IRU) 2011 Sustainable Development InnovationInnovation IncentivesIncentives InfrastructureInfrastructure Facilitation TradeTrade TourismTourism Road TransportRoad Transport Sustainable Development InnovationInnovation IncentivesIncentives InfrastructureInfrastructure Facilitation TradeTrade TourismTourism Road TransportRoad Transport These are also the priorities of the IRU Academy
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IRU Academy: Worldwide Excellence in Road Transport Training Page 6 (c) International Road Transport Union (IRU) 2011 IRU Academy Advisory Committee World BankWorld Bank United Nations Economic Commission for Europe International Network of IRU Academy Accredited Training Institutes (ATIs)
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IRU Academy Programmes Page 7 (c) International Road Transport Union (IRU) 2011
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8 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. (c) International Road Transport Union (IRU) 2011
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Page 9 The EU Social Rules Framework The EU Social Rules Framework Driving and Rest Time Rules – in force from 11 April 2007 - Establishes basic rules for driving and rest time Digital Tachograph – compulsory from 11 May 2006 - Introduces new equipment in all vehicles for recording driving rest times rules Social Rules Enforcement – in force from 1 May 2006 - Minimum new controls on driving and rest times Working Time Directive – from 23 March 2005 - Sets limits for maximum total working time Driver Training Directive – from 10 September 2008/9 - Introduces compulsory CPC qualification and periodic training (c) International Road Transport Union (IRU) 2011
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What’s at stake and what’s behind tachograph fraud 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 that must be tackled. 10 (c) International Road Transport Union (IRU) 2011
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Review of the Tachograph Regulation Security is at the heart of the EC review. IRU: Supports proportionate steps to reinforce the technical security of the device, building on existing measures.Supports proportionate steps to reinforce the technical security of the device, building on existing measures. Supports more secure encryption codes, in line with real threats but only when supported by a comprehensive migration strategy.Supports more secure encryption codes, in line with real threats but only when supported by a comprehensive migration strategy. Supports mobile controls to improve targeted enforcement but only with legal safeguards and proven technology.Supports mobile controls to improve targeted enforcement but only with legal safeguards and proven technology. Opposes compulsory GPS: will encourage an expensive tachograph technology arms race without delivering any security guarantees.Opposes compulsory GPS: will encourage an expensive tachograph technology arms race without delivering any security guarantees. 11
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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 cards.Optional merging of driver licences and driver cards. 1212
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The need for a broader approach Problems with Driving and Rest Time Rules and their enforcement Lack of suitable rest facilities.Lack of suitable rest facilities. Regulation compromised by too many national and even regional interpretations and enforcement practices.Regulation compromised by too many national and even regional interpretations and enforcement practices. Non-recognition of national tolerances or exemptions.Non-recognition of national tolerances or exemptions. Drivers under strain from sometimes arbitrary and heavy handed enforcement and sanctioning policies.Drivers under strain from sometimes arbitrary and heavy handed enforcement and sanctioning policies. 13 (c) International Road Transport Union (IRU) 2011
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Challenges for Multinational Efforts ONE PURPOSE – BUT MANY SYSTEMS 14 (c) International Road Transport Union (IRU) 2011
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Challenges for international road transport A COMMON REGULATORY FRAMEWORK BUT A FRAGMENTED ENFORCEMENT SPACE. 15 (c) International Road Transport Union (IRU) 2011
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Partnership for better Enforcement TISPOL, ECR, IRU ‘Declaration of Intent’ (signed March 2011) 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 industry’s regulatory compliance, including through a new control culture using education as well as sanctions.Identify how to boost the efficiency of controls and industry’s 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. 16 (c) International Road Transport Union (IRU) 2011
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Concrete Actions 2011-2012 Work Programme highlights work on: Harmonised interpretations and enforcement requirements across a swathe road transport legislation.Harmonised interpretations and enforcement requirements across a swathe road transport 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 via common standards of training especially through the TRACE project and longer term strategic partnership with EC.Improving the quality of enforcement 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 crime and adoption of an EU incident report form.Common efforts to counter vehicle crime and adoption of an EU incident report form. 17 (c) International Road Transport Union (IRU) 2011
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Conclusions Many enforcement problems and mutual issues to deal with, that can best be dealt with in partnership. Tachograph fraud is a top priority. 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 18 (c) International Road Transport Union (IRU) 2011
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www.iru.org Page 19 (c) International Road Transport Union (IRU) 2011
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