Legislative resolution embodying Parliament' s opinion on the proposal for a Council regulation amending Council Regulation (EEC) 3821/85 and Council Directive 88/599/EEC on recording equipment in road transport (COM(94)0323 - C4- 0125/94 - 94/0187(SYN)) (Cooperation procedure: first reading)
Date: 1995-07-13
Institutions: Committee on Transport and Tourism, European Parliament
Subjects: driving period, rest period, road safety, road transport, speed control, traffic control, transport regulations, vehicle documents













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51995AP0155

Legislative resolution embodying Parliament' s opinion on the proposal for a Council regulation amending Council Regulation (EEC) 3821/85 and Council Directive 88/599/EEC on recording equipment in road transport (COM(94)0323 - C4- 0125/94 - 94/0187(SYN)) (Cooperation procedure: first reading)  


Official Journal C 249 , 25/09/1995 P. 0128 





A4-0155/95Proposal for a Council Regulation amending Council Regulation (EEC) 3821/85 and Council Directive 88/599/EEC on recording equipment in road transport (COM(94)0323 - C4-0125/94 - 94/0187(SYN))The proposal was approved with the following amendments:(Amendment 1)Recital 2>Original text>Whereas economic pressures on transport undertakings and therefore on the individual driver works against respecting the necessary social hours and speed restrictions and that current enforcement does not provide a sufficient incentive to counter gross infringement;>Text following EP vote>Whereas, due to the economic pressures and competition in road transport which affect individual drivers employed in that sector, it is difficult to ensure respect for driving and rest times and speed limits;(Amendment 2)Recital 2a (new)>Text following EP vote>Whereas it is incumbent on the Member States to monitor compliance with the legislation; whereas this is carried out not only in very different ways but also unsystematically in the Community as a whole; whereas it is therefore legitimate to query whether the aims of the policy can be achieved without some coordinating competence at Community level;(Amendment 3)Recital 3>Original text>Whereas this gross infringement is unacceptable to the individual driver, adversely affects equitable competition and presents a road safety hazard;>Text following EP vote>Whereas gross infringements present a road safety hazard and are unacceptable for reasons of competition for the individual driver who does respect the rules;(Amendment 4)Recital 4>Original text>Whereas road safety would be enhanced by the encouragement of sensible driving through the automatic recording of other details of a vehicle's journey, such as speed and distance covered;>Text following EP vote>Whereas road safety would be enhanced by the automatic recording and regular monitoring, both within the undertaking and by external authorities, of details of the driver's performance and behaviour and of the vehicle's journey, such as speed and distance covered;(Amendment 5)Recital 4a (new)>Text following EP vote>Whereas the recording of a large number of details such as the time and place of operation for drivers and vehicles, the distance travelled, speed and fuel consumption can encourage sensible driving and rational management;(Amendment 6)Recital 5>Original text>Whereas it is essential that any future system maintains the benefits with at least the same degree of accuracy, reliability and acceptability of the current system which over the past four decades has improved compliance with national and Community law;>Text following EP vote>Whereas it is essential that any future system should be more accurate, more reliable and less susceptible to fraud than the current system, that all required data can be recorded and stored, and that low-cost expansion of its functions for fleet management should be possible;(Amendment 7)Recital 5a (new)>Text following EP vote>Whereas Community legislation cannot be allowed to hold back new technical developments in the recording and processing of data which can be combined in a single piece of apparatus;(Amendment 8)Recital 7>Original text>Whereas these requirements are currently difficult to enforce given that data are recorded on several daily record sheets, out of which the record sheets for the current week and the last day of the previous week are stored in the cab;>Text following EP vote>Whereas these requirements are currently difficult to enforce given that data are recorded on several daily record sheets, out of which the record sheets for the current week and the last day of the previous week are stored in the cab; whereas these data are therefore usually unavailable in the undertaking;(Amendment 9)Recital 7a (new)>Text following EP vote>Whereas checks in the undertaking, which are not currently carried out in all Member States and which are not in any case done uniformly, are more effective than arbitrary checks on the road, are therefore preferable and should be the rule;(Amendment 10)Recital 8>Original text>Whereas the introduction of the driver card should put an end to many of the most common abuses of the present system ensuring that data recorded is readily available by visual display, is unambiguous, easily intelligible, reliable and, above all, provides an indisputable record of the driver's actions for the last twenty-eight days of driving;>Text following EP vote>Whereas the introduction of new advanced equipment may put an end to abuses of the present system ensuring that data recorded are readily available in the undertaking and in the vehicle, are unambiguous, easily intelligible, reliable and, above all, provide an indisputable record of the driver's actions for the last twenty-eight days of driving;(Amendment 11)Recital 9>Original text>Whereas it is therefore appropriate to modify Regulation (EEC) No 3821/85 in order to provide for the addition of an electronic driver information device to allow the insertion of the driver card into the existing recording equipment;>Text following EP vote>Whereas it is therefore appropriate to modify Regulation (EEC) No 3821/85 in order to provide for the authorization of electronic recording and processing equipment; whereas, from a given date, the recording equipment should consist solely of equipment in which all data are stored in digital form;(Amendment 12)Recital 11>Original text>Whereas this Regulation, as far as it concerns the specification of the driver card, applies the 'new approach¨ to technical harmonised standards by establishing a general framework for the equipment specification, leaving detailed requirements to industrial standardisation procedures;>Text following EP vote>Whereas this Regulation, as far as it concerns the specification of the driver card and/or other electronic apparatus, applies the 'new approach¨ to technical harmonised standards by establishing a general framework for the equipment specification, leaving detailed requirements to industrial standardisation procedures;(Amendment 13)Recital 12>Original text>Whereas it is appropriate to provide for a simplified procedure for the adaptation of the technical aspects of this Regulation and the provision of alternative systems which fulfil the same essential functions;>Text following EP vote>Whereas it is at the same time appropriate to provide in this Regulation for the technical aspects of the installation of alternative systems, which at least fulfil the same essential functions;(Amendment 14)Recital 13>Original text>Whereas technical adaptation, together with alternative systems which, for example, replaces the existing 'tachograph¨ recording equipment and record sheet by equipment which stores data in digital form, should be approved by the Commission, assisted by a consultative committee;>Text following EP vote>Whereas the technical adaptation of the existing 'tachograph¨ recording system and its replacement by equipment which stores data in digital form, should be approved by a joint committee of representatives of industry, employers and employees, set up by the Commission;(Amendment 15)Recital 14>Original text>Whereas the approval of an alternative system will be dependent upon the degree to which that system at least fulfils the function of the system described in Annex 1A;>Text following EP vote>Whereas the approval of an alternative system will be dependent upon the degree to which that system at least fulfils the function of the system described in Annex 1B;(Amendment 16)Recital 15>Original text>Whereas the scope of this Regulation includes vehicles which are subject to the provisions of Regulation (EEC) No 3820/85 and were first put into circulation after 1 January 1990;>Text following EP vote>Whereas the scope of this Regulation includes vehicles which are subject to the provisions of Regulation (EEC) No 3820/85 and were first put into circulation after 1 January 1985;(Amendment 17)ARTICLE 1(2)Article 1 (Regulation 3821/85)>Original text>2. Article 1 is amended by adding 'or 1A¨ after 'Annexes I¨.>Text following EP vote>2. Article 1 is amended by adding 'or 1A or B" after 'Annexes I¨.(Amendment 18)ARTICLE 1(3)Articles 4 to 8, 11 and 15 (Regulation 3821/95)>Original text>3. Articles 4, 5, 6, 7, 8, 11 and 15(1), (2) first and second subparagraph, (3), (4) are amended by adding the words 'or driver card¨ where reference is made to 'record sheet¨ or 'record sheets¨.>Text following EP vote>3. Articles 4, 5, 6, 7, 8, 11 and 15(1), (2) first and second subparagraph, (3), (4) are amended by adding the words 'or driver card¨ 'or replaced by digital data stored in electronic recording equipment" where reference is made to 'record sheet¨ or 'record sheets¨.(Amendment 19)ARTICLE 1(4), introductory phraseArticle 14 (Regulation 3821/85)>Original text>4. Third, fourth and fifth paragraphs are added to Article 14 as follows:>Text following EP vote>4. Third, fourth and fifth paragraphs and paragraphs 5a and 5b are added to Article 14 as follows:(Amendment 20)ARTICLE 1(4)Article 14(5) (Regulation 3821/85)>Original text>5. Member States may require that the driver data stored on the smart card are archived by the undertaking or its competent authorities. In such cases they may require that data transmission is noted on the driver card (time, company name).>Text following EP vote>5. Member States shall take the necessary measures to ensure that the driver data stored on the smart card are archived by the undertaking or its competent authorities. The data transmission required for this purpose shall be noted on the driver card (time, company name).(Amendment 21)ARTICLE 1(4)Article 14(5a) (new) (Regulation 3821/85)>Text following EP vote>5a. The electronic registration and processing equipment defined in Annex 1B according to a type approved by the committee referred to in Article 18 shall replace both the tachograph and the driver card referred to in Annex 1A; it must however be able to record and read out at least the same data and must also satisfy the same conditions of paragraph 5 of this Article.(Amendment 22)ARTICLE 1(4)Article 14(5b) (new) (Regulation 3821/85)>Text following EP vote>5b. Member States shall ensure that the digitally processed data concerning the driver are stored and transmitted under the responsibility of the competent authorities or otherwise under a system that guarantees the security and correctness of the data.(Amendment 23)ARTICLE 1(5a) (new)Article 15a (new) (Regulation 3821/85)>Text following EP vote>5a. The following Article 15a is added:'Article 15aIt is prohibited to falsify, suppress or destroy data recorded on the record sheet or stored in the recording equipment or on the driver card. The same applies to manipulation of the recording equipment, record sheet or driver card which may result in data being falsified, suppressed or destroyed. No device which could be used to this effect shall be present on the vehicle.¨(Amendment 24)ARTICLE 1(7)Article 17(2) (Regulation 3821/85)>Original text>2. New annexes may be adopted in accordance with the same procedure in order to establish technical requirements for recording equipment in which the record sheet, and its recording facility as defined in Annex 1A are replaced by technology which delivers comparable accuracy and resolution. That technology may record data in digital form. However, the function of the record sheet with regard to its usefulness in providing a visual record of the driver's hours, data and speed shall be replicated in a printout which shall be available on demand. The technical requirements of those new Annexes shall contain procedures for downloading the recorded data. The functioning and specifications of the driver card together with its interface to the recording equipment and the visual display will be that described in Annex 1A to this regulation.>Text following EP vote>2. New annexes may be adopted in accordance with the same procedure in order to establish technical requirements for recording equipment in which the record sheet, and its recording facility as defined in Annex 1A are replaced by technology which delivers comparable accuracy and resolution as described in Annex 1B. That technology may record data in digital form. However, the function of the record sheet with regard to its usefulness in providing a visual record of the driver's hours, data and speed shall be replicated in a printout which shall be available on demand. The technical requirements of those new Annexes shall contain procedures for downloading the recorded data. The functioning and specifications of the driver card together with its interface to the recording equipment and the visual display will be that described in Annex 1A to this regulation.>Text following EP vote>2a. Annex 1B lays down the procedure for establishing the technical specifications for recording equipment in which the record sheet or recording device referred to in Annex 1A is replaced by digital recording of data, the so- called 'black box¨, in such a way that this equipment at least satisfies the same essential functions as the equipment provided for in Annex 1A on the understanding that compatibility in the read-out of data shall be guaranteed.(Amendment 25)ARTICLE 1(8)Article 18 (Regulation 3821/85)>Original text>The Commission shall be assisted by a committee of an advisory nature composed of the representatives of the Member States and chaired by the representative of the Commission.>Text following EP vote>The Commission shall be assisted by a committee composed of representatives of the Member States, employees, employers and producers and chaired by the representative of the Commission.>Original text>The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft, within a time limit which the chairman may lay down according to the urgency of the matter, if necessary by taking a vote.>Text following EP vote>The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft, within a time limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority required by Article 148(2) of the Treaty for the adoption of decisions to be taken by the Council on a proposal from the Commission. In the voting in the committee the votes of the representatives of the Member States shall be weighted in accordance with the aforementioned article. The chairman shall not take part in the voting.>Original text>The opinion shall be recorded in the minutes; in addition, each Member State shall have the right to ask to have its position recorded in the minutes.>Text following EP vote>The Commission shall adopt the intended measures if they conform to the committee's opinion.>Original text>The Commission shall take the upmost account of the opinion delivered by the committee. It shall inform the committee of the manner in which its opinion has been taken into account.>Text following EP vote>If the intended measures do not conform to the committee's opinion or if no opinion has been received, the Commission shall immediately submit to the Council a proposal for the measures to be taken. The Council shall decide by a qualified majority.>Text following EP vote>If the Council fails to take a decision before the expiry of a period which shall be set in each act to be adopted by the Council pursuant to this paragraph, but which shall in no case exceed three months from the time the Council is consulted, the measures proposed shall be adopted by the Commission.(Amendment 26)ARTICLE 1(9)Annex 1A (Regulation 3821/85)>Original text>9. A new annex, Annex 1A, is added.>Text following EP vote>9. New Annexes 1A and 1B are added.(Amendment 27)ARTICLE 2(1)>Original text>1. Vehicles that entered into service before 1 January 1990 shall be equipped with recording equipment referred to in Annex 1 or Annex 1A. Article 14(3), 4, 5 and Article 15(3) and Article 16(3) do not apply to these vehicles equipped with recording equipment referred to in Annex 1.>Text following EP vote>1. Vehicles that entered into service before 1 January 1985 shall be equipped with recording equipment referred to in Annex 1 or Annex 1A or 1B. Article 14(3), 4, 5 and Article 15(3) and Article 16(3) do not apply to these vehicles equipped with recording equipment referred to in Annex 1.(Amendment 28)ARTICLE 2(2), INTRODUCTORY PHRASE>Original text>2. Vehicles that entered into service from 1 January 1990 and prior to 1 January 1996 shall, before 1 January 2000, be equipped with recording equipment referred to in Annex 1A to this Regulation with the exemption from the following requirements of Annex 1A:>Text following EP vote>2. Vehicles that entered into service from 1 January 1990 and prior to 1 January 1996 shall, before 1 January 2000, be equipped with recording equipment referred to in Annex 1A or Annex 1B to this Regulation, if they are equipped with the equipment referred to in Annex 1A, with the exemption from the following requirements of Annex 1A:(Amendment 29)ARTICLE 3>Original text>As from 1 January 1997 Member States shall no longer grant EEC type approval to any new type of recording equipment which does not comply with the provisions of Annex 1A of this Regulation.>Text following EP vote>As from 1 January 1997 Member States shall no longer grant EEC type approval to any new type of recording equipment which does not comply with the provisions of Annex 1A or 1B of this Regulation.(Amendment 34)ARTICLE 5a (new)>Text following EP vote>The Commission shall be invited to submit a report to Parliament and the Council by 30 June 1996 on the technical feasibility of electronic recording and processing apparatus for road transport monitoring and the possibility of introducing such apparatus by 1 January 2000.(Amendment 30)ANNEX 1A(III)(c)(4) (Regulation 3821/85)>Original text>4. An external warning signal, visible to other road users, shall be made whenever the driver has driven in excess of any legal period of driving time or if the vehicle is used without a driver card in place. In cases of necessity, this signal can be interrupted by breaking a sealed switch.>Text following EP vote>Deleted(Amendment 31)ANNEX 1B (new)>Text following EP vote>A new Annex 1B is added to read as follows where it differs from Annex 1A:>Text following EP vote>I(a) Recording equipment means ... and a data memory.>Text following EP vote>I(b) Mass storage device means:an electronic storage system for data (memory) built into the recording equipment, capable of storing x days from the recording equipment. The memory should be protected in such a way as to make unauthorized access to and manipulation of the data impossible.>Text following EP vote>II(a) 6 point 7 of Annex 1A IIa7 point 8 of Annex 1A IIa8 point 9 of Annex 1A IIa>Text following EP vote>II(d) Recording and storing in case of two drivers>Text following EP vote>... The equipment must further be capable of recording and storing in the memory simultaneously but distinctly details of the information listed under II(a) 4 and 5 on two driver cards.>Text following EP vote>II(e) Displaying on request>Text following EP vote>7. vehicles driven, minimum 4 per day for at least 28 days with the last 8 digits of the chassis number, distance travelled per vehicle and day, time of first insertion and last removal of the driver card, the time of change of vehicle and the first sequential record sheet number per day and the time at which vehicles were changed.>Text following EP vote>III(a)1. 5 Deleted>Text following EP vote>6. Measurement of time (clock)>Text following EP vote>6. 1 The measurement of time is effected automatically in the memory.>Text following EP vote>6. 2 The clock in the memory ...>Text following EP vote>7. Lighting and protection7. 4, second paragraph:The aforementioned electronic monitoring ... the requirements in Chapter II(a) 6 ... are not applicable.>Text following EP vote>III(d) Recording instruments (new text)Recording instruments should record:1. distance travelled2. speed3. time>Text following EP vote>III(f) Closing device (new text)The output from the memory shall not be capable of manipulation by the driver or any other person and this must be made visible on the installation itself or by means of an indication of the time which is locked inside the memory.>Text following EP vote>IV DRIVER CARD(renumbering of headings after deletion of (b) and (c))(a) Insertion/removal(b) Driving without driver cardThe start of driving times without the driver card, i.e. where the driver card has not been inserted, or without a functioning driver card must be especially marked or indicated in the memory.(c) Memory capacity of the driver card(d) Visible data(e) Downloading of data(f) Standards>Text following EP vote>V. RECORD SHEETS (deleted)Legislative resolution embodying Parliament's opinion on the proposal for a Council regulation amending Council Regulation (EEC) 3821/85 and Council Directive 88/599/EEC on recording equipment in road transport (COM(94)0323 - C4- 0125/94 - 94/0187(SYN))(Cooperation procedure: first reading)The European Parliament,- having regard to the Commission proposal to the Council, COM(94)0323 - 94/0187(SYN) ((OJ C 243, 31.8.1994, p. 8.)),- having been consulted by the Council pursuant to Articles 75 and 189c of the EC Treaty (C4-0125/94),- having regard to Rule 58 of its Rules of Procedure,- having regard to the report of the Committee on Transport and Tourism and the opinions of the Committee on Economic and Monetary Affairs and Industrial Policy and the Committee on Social Affairs and Employment (A4- 0155/95),1. Approves the Commission proposal, subject to Parliament's amendments;2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 189a(2) of the EC Treaty;3. Calls on the Council to incorporate Parliament's amendments in the common position that it adopts in accordance with Article 189c(a) of the EC Treaty;4. Instructs its President to forward this opinion to the Council and Commission.