Tachograph fraud the IRU perspective Osnabrück 25 October 2012 Marc Billiet Head EU Goods Transport Page 1 OVERVIEW A Brief Background to the IRU The Threat of Tachograph Fraud Revising the Tachograph Regulation ID: 776203
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(c) International Road Transport Union (IRU) 2012
Tachograph fraud – the IRU perspective
Osnabrück, 25 October 2012
Marc Billiet
Head EU Goods Transport
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Slide2OVERVIEW
A Brief Background to the IRUThe Threat of Tachograph Fraud Revising the Tachograph RegulationCurrent Enforcement Problems A Partnership for better enforcement: The TISPOL / ECR / IRU Declaration of Intent
(c) International Road Transport Union (IRU) 2012
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Slide3This is the IRU
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Slide4(c) International Road Transport Union (IRU) 2012
Evolution of IRU Membership
1948: eight founder countries
2012: 170
Members
in 73 countries
2012: 22 CRIPA
Members
2012: 170 Members in 73 countries
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Slide5IRU Secretariat General
(c) International Road Transport Union (IRU) 2012
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 and Region in
Istanbul
2012
– IRU Permanent Delegation for Africa in
Casablanca
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Slide6IRU
Priority Issues
Sustainable DevelopmentInnovationIncentivesInfrastructureFacilitationTradeTourismRoad Transport
These are also the priorities of the IRU Academy
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©
International Road Transport Union (IRU) 2012
Slide7(c) International Road Transport Union (IRU) 2012
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
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Slide8(c) International Road Transport Union (IRU) 2012
The EU Social Rules Framework
Driving and Rest Time Rules
–
in force from 11 April 2007
Establishes basic rules for driving and rest timeDigital Tachograph – compulsory from 11 May 2006Introduces new equipment in all vehicles for recording driving rest times rulesSocial Rules Enforcement – in force from 1 May 2006Minimum new controls on driving and rest timesWorking Time Directive – from 23 March 2005 Sets limits for maximum total working timeDriver Training Directive – from 10 September 2008/9Introduces compulsory CPC qualification and periodic training
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Slide9What’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, The businesses of lawful operators & image of the sector Road safety, working conditions and fair competitionNo excuses, but many causes of tachograph fraudFierce competition, Rising operating costs especially fuel,Fall out of economic crisis,Excessively rigid rules or heavy handed enforcement
(c) International Road Transport Union (IRU) 2012
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Slide10Review of the Tachograph Regulation (1)
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 More secure encryption codes, in line with real threats but supported by an efficient migration strategy.Mobile controls to improve targeted enforcement but with safeguards and proven technology, and limited list of offences.Use of GPS under certain conditions: signals should be free of charge; could be used to support cabotage enforcement
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Slide11Review of the Tachograph Regulation (2)
Security is at the heart of the EC review. IRU supports: Accredited operator workshops for tachographsPostponement of the merging of the driver card and drivers’ licence.Reinforcement of the training for inspectorsRemoval of the attestation form
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Slide12Review of the Tachograph Regulation (3)
The IRU opposes: Extension of the scope of vehicles above 2.8 tonnes.Compulsory retrofitting of tachographs with GPS tool.Exemptions from tachograph use for certain transports.Employer liability extended to drivers placed at their disposal.Highest possible sanctions for all very serious infringements listed in Directive 2006/22.Weight sensors to control loading and unloading.
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Slide13Review of the Tachograph Regulation (4)
The tachograph must retain its policing function but must also become an aid for drivers & firmsBetter and safer placement of the device within the vehicle,Better integration of ITS technologies via a standardised interface,Reduced administrative burdens and simplified tasks for drivers, for example by eliminating attestation forms,Common EU standards for training enforcers,
(c) International Road Transport Union (IRU) 2012
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Slide14The need for a broader approach
Problems with Driving and Rest Time Rules and their enforcementLess flexibility for drivers and companies to accommodate their own needs and work life balanceLack of suitable rest facilities Regulation compromised by too many national and even regional interpretations and enforcement practicesNon-recognition of national tolerances or exemptionsDrivers under strain from sometimes arbitrary and heavy handed enforcement and sanctioning policies
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Slide15The EU Enforcement Problem
A COMMON PURPOSE & REGULATORY FRAMEWORKBUT A FRAGMENTED ENFORCEMENT SPACE
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Slide16Test case ERRU: The challenges
Different speeds. Not everyone ready on 31/12/2012Different interpretations of the provisions of Regulations 1071/2009 and 1072/2009Different implementation of the provisions.Varying approaches to enforcement.= Perfect scenario for: Different treatment in the EU Member StatesMore distortion of competition
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(c) International Road Transport Union (IRU) 2012
Slide17Intelligence lead enforcement?
Only possible if ALL Member States have the same approach in terms ofInterpretationWeighing of infringements ProportionalitySanctioningAppeals proceduresLiabilityAccess Is this feasible in the EU?
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(c) International Road Transport Union (IRU) 2012
Slide18Partnership for better Enforcement
TISPOL, ECR, IRU ‘Declaration of Intent’ (signed March 2010) 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.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.
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Slide19Concrete Actions
2012-2013 Work Programme highlights work on:Harmonised interpretations and enforcement requirements, require enforcement impact assessment of EU legislation.Co-host the ECR Complaints desk & work towards fair, dissuasive, proportionate and better aligned penalties.Improving the quality of enforcement in cooperation with IRU Academy 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.Common efforts to counter vehicle crime
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Slide20Conclusions
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
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Slide21www.iru.org
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