Tachograph fraud the IRU perspective Osnabrck 25 October

Tachograph fraud – the IRU perspective Osnabrück, 25 October 2012 Marc Billiet Head EU Goods Transport Page 1 (c) International Road Transport Union (IRU) 2012

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 Page 2 (c) International Road Transport Union (IRU) 2012

This is the IRU Page 3 (c) International Road Transport Union (IRU) 2012

Evolution of IRU Membership 2012: 170 Members in 73 countries 1948: eight founder countries 2012: 22 CRIPA Members Page 4 (c) International Road Transport Union (IRU) 2012

IRU Secretariat General 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 Page 5 (c) International Road Transport Union (IRU) 2012

IRU Priority Issues § Sustainable Development • Innovation • Incentives These are also the priorities of the IRU Academy • Infrastructure § Facilitation • Trade • Tourism • Road Transport Page 6 © 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 Page 7 (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 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 - § Working Time Directive – from 23 March 2005 - § Minimum new controls on driving and rest times Sets limits for maximum total working time Driver Training Directive – from 10 September 2008/9 - Introduces compulsory CPC qualification and periodic training Page 8 (c) International Road Transport Union (IRU) 2012

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, • The businesses of lawful operators & image of the sector • Road safety, working conditions and fair competition § No excuses, but many causes of tachograph fraud • Fierce competition, • Rising operating costs especially fuel, • Fall out of economic crisis, • Excessively rigid rules or heavy handed enforcement Page 9 (c) International Road Transport Union (IRU) 2012

Review 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 Page 10 (c) International Road Transport Union (IRU) 2012

Review of the Tachograph Regulation (2) § Security is at the heart of the EC review. IRU supports: • Accredited operator workshops for tachographs • Postponement of the merging of the driver card and drivers’ licence. • Reinforcement of the training for inspectors • Removal of the attestation form Page 11 (c) International Road Transport Union (IRU) 2012

Review 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. Page 12 (c) International Road Transport Union (IRU) 2012

Review of the Tachograph Regulation (4) § 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 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, • Page 13 (c) International Road Transport Union (IRU) 2012

The need for a broader approach § Problems with Driving and Rest Time Rules and their enforcement • Less flexibility for drivers and companies to accommodate their own needs and work life balance • Lack of suitable rest facilities • Regulation compromised by too many national and even regional interpretations and enforcement practices • Non-recognition of national tolerances or exemptions • Drivers under strain from sometimes arbitrary and heavy handed enforcement and sanctioning policies Page 14 (c) International Road Transport Union (IRU) 2012

The EU Enforcement Problem A COMMON PURPOSE & REGULATORY FRAMEWORK BUT A FRAGMENTED ENFORCEMENT SPACE Page 15 (c) International Road Transport Union (IRU) 2012

Test case ERRU: The challenges § Different speeds. Not everyone ready on 31/12/2012 § Different interpretations of the provisions of Regulations 1071/2009 and 1072/2009 § Different implementation of the provisions. § Varying approaches to enforcement. = Perfect scenario for: Ø Different treatment in the EU Member States Ø More distortion of competition Page 16 (c) International Road Transport Union (IRU) 2012

Intelligence lead enforcement? Only possible if ALL Member States have the same approach in terms of § Interpretation § Weighing of infringements § Proportionality § Sanctioning § Appeals procedures § Liability § Access Is this feasible in the EU? Page 17 (c) International Road Transport Union (IRU) 2012

Partnership 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. Page 18 (c) International Road Transport Union (IRU) 2012

Concrete 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 Page 19 (c) International Road Transport Union (IRU) 2012

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 Page 20 (c) International Road Transport Union (IRU) 2012

www. iru. org Page 21 (c) International Road Transport Union (IRU) 2012