Activities of Eva LICHTENBERGER related to 2011/0196(COD)
Plenary speeches (2)
Tachographs and social legislation relating to road transport (debate)
Recording equipment in road transport (debate)
Shadow reports (2)
RECOMMENDATION FOR SECOND READING on the Council position at first reading with a view to the adoption of a Regulation of the European Parliament and of the Council on tachographs in road transport, repealing Council Regulation (EEC) No 3821/85 on recording equipment in road transport and amending Regulation (EC) No 561/2006 of the European Parliament and the Council on the harmonisation of certain social legislation relating to road transport PDF (167 KB) DOC (78 KB)
REPORT on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EEC) No 3821/85 on recording equipment in road transport and amending Regulation (EC) No 561/2006 of the European Parliament and the Council PDF (468 KB) DOC (814 KB)
Legal basis opinions (0)
Amendments (27)
Amendment 105 #
Proposal for a regulation
Recital 3
Recital 3
Amendment 115 #
Proposal for a regulation
Recital 5
Recital 5
(5) The recording of location data facilitates the cross checking of driving times and, rest periods, speed and weight in order to detect anomalies and fraud. The use of recording equipment connected to a global navigation satellite system is an appropriate and cost- efficient means of allowing the automatic recording of such data in order to support control officers during controls, and should therefore be introduced.
Amendment 139 #
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Council Regulation (EEC) No 3821/85
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) “recording equipment” means the equipment intended for installation in road vehicles to display, record, print, store and output automatically or semi-automatically details of the movement and speed of such vehicles and, of certain work periods of their drivers and of the weight of the vehicle;
Amendment 141 #
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Council Regulation (EEC) No 3821/85
Article 2 – paragraph 2 – point c a (new)
Article 2 – paragraph 2 – point c a (new)
(c a) 'weight sensor' means a part of the digital tachograph that provides information on the weight of the vehicle, therefore recording data on loading and unloading of the vehicle
Amendment 163 #
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Council Regulation (EEC) No 3821/85
Article 3 a (new)
Article 3 a (new)
Article 3 a Essential requirements 1. Tacographs, tachograph cards and record sheets must comply with stringent technical, functional and other requirements so as to ensure that they fulfil the essential requirements set out in paragraph 2 and that they achieve the objectives of this Regulation. 2. To allow for efficient control of compliance with the applicable social legislation the tachograph shall comply with the following essential requirements: (a) to record and produce accurate and reliable data related to the driver activity and the vehicle; (b) to be secure, in order to guarantee the integrity and the origin of the source of data recorded by and retrieved from vehicle units, motion sensors and tachograph cards; (c) to be interoperable; (d) to be user friendly; 3. Tachographs must be designed and used in such a way as to ensure privacy and personal data protection. 4. Tachographs shall be positioned in the vehicle at driver's eye level and in such a way as to allow the driver to access the necessary functions from his seat. 5. Downloading of data shall be performed with the minimum delay to transport undertakings or drivers. 6. There shall be a technical possibility for controllers to download data faster in order to increase controllers'' capacity, thereby facilitating the control of more vehicles and contributing to a more efficient enforcement of the legislation. 7. Downloading of data may not alter or delete stored data. The downloading of the detailed speed file may not be necessary to ensure compliance with Regulation (EC) No 561/2006, but may be used for other purposes, such as accident investigation.
Amendment 166 #
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Council Regulation (EEC) No 3821/85
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
1 a. The tachograph shall also be used for the application of maximum times of live animals’ transports in favour of animal welfare considerations.
Amendment 179 #
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Council Regulation (EEC) No 3821/85
Article 4 – paragraph 1
Article 4 – paragraph 1
Location data shall be recorded automatically to allow the identification of the starting and ending place of the daily work period and of each part of the journey undertaken by a vehicle between loading and unloading points.
Amendment 181 #
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Council Regulation (EEC) No 3821/85
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
The equipment shall also record data on how long the vehicle is operating in which member state.
Amendment 195 #
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Council Regulation (EEC) No 3821/85
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The data exchanged during communication shall be limited to the data necessary for the purpose of targeted roadside checks and may include driver activities, sensor fault, errors in motion data, driving without a driving card, vehicle registration number, speed and weight of the vehicle. Data concerning the identity of the driver, driver activities and speed shall not be communicated.
Amendment 202 #
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Council Regulation (EEC) No 3821/85
Article 5 – paragraph 7
Article 5 – paragraph 7
7. The competent control authority, on the basis of the data exchanged, may decide to carry out a check on the vehicle and the recording equipment. This roadside filtering must also be complemented by random enforcement checks, regardless of the reading on the roadside unit, to combat possible manipulation of the signal by certain transport undertakings. This may be aided by the establishment of a European wide database, or national databases, which would track the compliance record of transport undertakings, on the basis of physical checks carried out by enforcement officers.
Amendment 214 #
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Council Regulation (EEC) No 3821/85
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Manufacturers or their agents shall submit an application for EU approval of a type of vehicle unit, weight sensor, motion sensor, model record sheet or tachograph card to the type approval authorities designated to that effect by each Member State.
Amendment 216 #
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Council Regulation (EEC) No 3821/85
Article 8 a (new)
Article 8 a (new)
Article 8 a The Commission is to carry out an Impact Assessment on the feasibility of merging all of the cards used by professional drivers, in particular the driver card with the driver licence, within 24 months of the entry into force of this regulation. The Commission shall examine the technical solutions available, and card compatibility issues, in order to reduce the amount of card fraud currently taking place The Commission shall communicate its findings to the European Parliament within 30 months of the entry into force of this regulation.
Amendment 217 #
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Council Regulation (EEC) No 3821/85
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Manufacturers shall design, test and review vehicle units, motion sensors, weight sensors and tachograph cards put into production so as to detect vulnerabilities arising at all phases of the product life-cycle, and prevent or mitigate their possible exploitation.
Amendment 229 #
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Council Regulation (EEC) No 3821/85
Article 19 – paragraph 6 a (new)
Article 19 – paragraph 6 a (new)
6 a. Member States shall monitor and prosecute the increasing offer of fraudulent installation and the installation of manipulation devices for recording equipment on the internet. Member States shall inform the Commission of their activities in this regard; the Commission shall then make the information available to all other EU control authorities in order to make the newest practises in fraudulent installation and manipulation known to all of them.
Amendment 242 #
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Council Regulation (EEC) No 3821/85
Article 27
Article 27
Amendment 244 #
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Council Regulation (EEC) No 3821/85
Article 28 – paragraph 1 a (new)
Article 28 – paragraph 1 a (new)
1 a. The tachograph shall not have an automatic switch once the vehicle's engine and/or the ignition is switched off. The driver shall manually record his activity.
Amendment 246 #
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Council Regulation (EEC) No 3821/85
Article 28 – paragraph 4 a (new)
Article 28 – paragraph 4 a (new)
4 a. Member States shall monitor and prosecute the increasing offer of fraudulent installation and the installation of manipulation devices for recording equipment on the internet.
Amendment 263 #
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Council Regulation (EEC) No 3821/85
Article 30 – paragraph 3 – subparagraph 2
Article 30 – paragraph 3 – subparagraph 2
Amendment 276 #
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Council Regulation (EEC) No 3821/85
Article 35 – paragraph 1
Article 35 – paragraph 1
1. Member States shall ensure that control officers are appropriately trained for the analysis of the data recorded and the control of the recording equipment. Member States shall make available appropriate resources for the training of law enforcement staff.
Amendment 284 #
Proposal for a regulation
Article 1 – point 1 (new)
Article 1 – point 1 (new)
Council Regulation (EEC) No 3821/85
Article 35 – paragraph 3 a (new)
Article 35 – paragraph 3 a (new)
3 a. The Commission shall facilitate the exchange of best practise on training and invite training staff to meetings to that purpose at least once a year.
Amendment 285 #
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Council Regulation (EEC) No 3821/85
Article 36 – paragraph 2
Article 36 – paragraph 2
Within the framework of this mutual assistance, the competent authorities of the Member States shall in particular regularly send to each other all available information concerning infringements to this Regulation related to fitters and workshops, types of manipulation practises, and any penalties imposed for such infringements.
Amendment 286 #
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Council Regulation (EEC) No 3821/85
Article 36 a (new)
Article 36 a (new)
Article 36 a Telephone Hotline The Commission shall install a website and an EU wide hotline telephone number that can be called free of charge and anonymously by drivers or any other concerned stakeholder whishing to report fraud that falls under the scope of this regulation.
Amendment 293 #
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Council Regulation (EEC) No 3821/85
Article 37 – paragraph 4 a (new)
Article 37 – paragraph 4 a (new)
4 a. The Commission shall compile this information in a catalogue of sanctions with a view of encourage Member States to a more harmonised sanction regime. For example, currently, only few Member States use the withdrawal of the driving license or lorry immobilisation as a sanction, although the deterrent effect against fraud and misuse is very apparent.
Amendment 311 #
Proposal for a regulation
Article 2 – point 1 a (new)
Article 2 – point 1 a (new)
Regulation (EC) No 561/2006
Article 2
Article 2
Amendment 314 #
Proposal for a regulation
Article 2 – paragraph 1 b (new)
Article 2 – paragraph 1 b (new)
Regulation (EC) 561/2006
Article 13 (3)
Article 13 (3)
3. Provided that the objectives set out in Article 1 are not prejudiced and adequate protection for drivers is provided, a Member State may, after approval by the Commission, grant on its own territory minor exemptions from this Regulation for vehicles used in predefined areas with a population density of less than five persons per square kilometre, in the following cases: - regular domestic passenger services, where their schedule is confirmed by the authorities and - domestic road haulage operations for own account or for hire or reward, which have no impact on the single market and are needed to maintain certain sectors of industry in the territory concerned and where the exempting provisions of this Regulation impose a limiting radius of up to 50 km. Carriage by road under this exemption may include a journey to an area with a population density of five persons or more per square kilometre only in order to end or start the journey. Any such measures shall be proportionate in nature and scope.
Amendment 319 #
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
Regulation (EC) No 561/2006
Article 2
Article 2
Amendment 342 #
Proposal for a regulation
Article 2 – point 1 a (new)
Article 2 – point 1 a (new)
Regulation (EC) 561/2006
Article 13 – paragraph 1
Article 13 – paragraph 1