Publication: Magyar Közlöny
Issue: MK-2011-50 (Year: 2011, Number: 50)
Era: contemporary
Section: 2011. évi XLIV. törvény
Paragraph Index: 52

(2) and (3). 8. It shall be forbidden to falsify, suppress or destroy data recorded on the record sheet, stored in the control device or on the driver card, or print-outs from the control device as defined in Appendix 1B. The same applies to any manipulation of the control device, record sheet or driver card which may result in data and/or printed information being falsified, suppressed or destroyed. No device which could be used to carry out the manipulations mentioned shall be present on the vehicle. Article 13 1. In the event of breakdown or faulty operation of the control device, the employer shall have it repaired by an approved fitter or workshop, as soon as circumstances permit. If the vehicle is unable to return to the premises within a period of one week calculated from the day of the break-down or of the discovery of defective operation, the repair shall be carried out en route. Measures taken by the Contracting Parties may give the competent authorities power to prohibit the use of the vehicle in cases where breakdown or faulty operation has not been put right as provided in the foregoing subparagraphs. 2. While the device is unserviceable or malfunctioning, drivers shall mark on the record sheet or sheets, or on a temporary sheet to be attached to the record sheet or to the driver card, on which he shall enter data enabling him to be identified (name and number of his driving licence or name and number of his driver card), including his signature, all information for the various periods of time which are no longer recorded or printed out correctly by the control device. If a driver card is damaged, malfunctions or is lost or stolen, the driver shall, at the end of his journey, print out the information relating to the periods of time recorded by the control device and mark on that document the details that enable him to be identified (name and number of his driving licence or name and number of his driver card), including his signature. 3. If a driver card is damaged or if it malfunctions, the driver shall return it to the competent authority of the Contracting Party in which he has his normal residence. Theft of the driver card shall be the subject of a formal declaration to the competent authorities of the State where the theft occurred. Loss of the driver card must be reported in a formal declaration to the competent authorities of the Contracting Party that issued it and to the competent authorities of the Contracting Party of normal residence where they are different. The driver may continue to drive without a driver card for a maximum period of 15 calendar days or for a longer period if this is necessary for the vehicle to return to its premises, provided he can prove the impossibility of producing or using the card during this period. Where the authorities of the Contracting Party in which the driver has his normal residence are different from those which issued his card and where the latter are requested to renew, replace or exchange the driver card, they shall inform the authorities which issued the old card of the precise reasons for its renewal, replacement or exchange. Article 14 1. Pursuant to article 13, paragraph 2 (b) of the Agreement, drivers who are driving a vehicle registered in a Contracting Party and to whom the competent authorities have not yet been able to issue the driver cards and who, during the transitional period referred to in paragraph 1 of this article, drive in international traffic with a vehicle fitted with a digital control device in accordance with Appendix 1B to the Annex, must be able to produce, whenever an inspecting officer so requests, the printouts and/or the record sheets for the current week and, in any event, the printout and/or record sheet for the last day on which he drove during the previous week. 2. Paragraph 1 does not apply to drivers of vehicles registered in a country where it is obligatory to use a driver card. However, drivers shall produce printouts whenever an inspecting officer so requests. 3. The printouts referred to in paragraph 1 shall be marked with the details that enable the drivers to be identified (name and number of the driving licence), including their signature.” * * * Part three Amendments concerning the Appendices to the Annex to the AETR After Appendix 1 to the Annex, include a new Appendix 1B, to read: “APPENDIX 1B Requirements for the construction, testing, installation and inspection of the digital control device used in road transport Article 1. Preamble 1. As this Appendix is an adaptation of Annex IB of Council Regulation (EEC) No. 3821/85 of 20 December 1985 concerning recording equipment in the field of road transport1, the content of this Annex is not reproduced in the AETR because of its size and its very technical character. For the complete official text and its subsequent amendments, Contracting Parties shall refer to the Official Journal of the European Union. The content of the present Appendix 1B is therefore limited to an introduction citing the references to the relevant texts of the European Union and of the Official Journals in which they were published and highlighting, by means of cross references, the particular points where that Annex has had to be adapted to the context of the AETR. 2. In order to facilitate consultation of that Annex with the adaptations made to take into account the AETR and to allow an overall view of the text, a consolidated version of this Appendix will be elaborated by the secretariat of the United Nations Economic Commission for Europe. However, this version will not have any legal force. This version, elaborated in the official languages of the UNECE, will be updated as necessary. Article 2. Introductory provisions to Appendix 1B 1. In accordance with paragraph 1 of article 1 above, Contracting Parties are invited, in order to consult Annex IB, to refer to Commission Regulations No. 1360/2002 of 13 June 2002 and No. 432/2004 of 5 March 2004 (see footnote below for the dates of their publication in the Official Journal of the European Union), adapting for the seventh and eighth times to technical progress Council Regulation (EEC) No. 3821/85 concerning recording equipment in the field of road transport. 1 As amended by Council Regulation (EC) No. 2135/98 of 24 September 1998 (OJ L 274 of 9 October 1998) as well as by Commission Regulations (EC) No. 1360/2002 of 13 June 2002 (OJ L 207 of 5 August 2002 (corrigendum OJ L 77 of 13 March 2004)) and No. 432/2004 of 5 March 2004 (OJ L 71 of 10 March 2004). 2. For the purposes of Appendix 1B: 2.1 The terms in the left column below shall be replaced by the corresponding terms in the right column: Terms used in Annex IB Terms used in the AETR Member States Contracting Parties MS CP Annex (IB) Appendix (1B) Appendix Sub-appendix Regulation Agreement or AETR Community UNECE Recording equipment (English version only) Replaced by Control device (English version only) 2.2 References made to legal texts in the left column below shall be replaced by those in the right column: Legal texts of the European Community Legal texts of the United Nations Economic Commission for Europe Council Regulation (EEC) No. 3821/85 AETR Council Directive No. 92/23/EEC ECE Regulation 54 Commission Directive No. 95/54/EC adapting to technical progress Council Directive 72/245/EEC Replaced by ECE Regulation 10 2.3 A list of texts or provisions for which an ECE equivalent does not exist or for which more information is necessary appears below. These texts or information are only quoted for reference. 2.3.1 The limit for setting the speed limitation device, as defined in I (Definitions), bb) of Annex IB/Appendix 1B conforms to the provisions of Council Directive No. 92/6/EEC of 10 February 1992 (OJ, No. L57, 02/03/1992). 2.3.2 The measurement of distances, as defined in I (Definitions), u) of Annex IB/Appendix 1B conforms to the provisions of Council Directive No. 97/27/EC of 22 July 1997, as last amended (OJ, No. L 233, 25/08/1997). 2.3.3 Vehicle identification, as defined in I (Definitions), nn) of Annex IB/Appendix 1B conforms to the provisions of Council Directive No. 76/114/EEC of 18 December 1975 (OJ, No. L 24, 30/01/1976). 2.3.4 The provisions on security shall conform with the provisions laid out in Council Recommendation No. 95/144/EC of 7 April 1995, on common information technology security evaluation criteria (ITSEC) (OJ, No. L 93, 26/04/1995). 2.3.5 The protection of individuals with regard to the processing of personal data and the free movement of such data conform to the provisions of Council Directive No. 95/46/EC of 24 October 1995, as last amended (OJ, No. L 281, 23/11/1995). 2.4 Other provisions to be changed or deleted: 2.4.1 The content of requirement 172 is deleted and replaced by ‘Reserved’. 2.4.2 Requirement 174 is changed as follows: ‘the distinguishing sign of the Contracting Party issuing the card. The distinguishing signs of non EU Contracting Parties are those drawn up in accordance with the 1968 Vienna Convention on Road Traffic or the 1949 Geneva Convention on Road Traffic’. 2.4.3 The reference to the EU flag with the letters ‘MS’ meaning ‘Member State’ in requirement 178 is replaced by the letters ‘CP’ meaning ‘Contracting Party’, the flag of the non EU Contracting Party being optional. 2.4.4 Requirement 181 is changed as follows: ‘After consulting the UN/ECE secretariat, Contracting Parties may add colours or markings, such as security features, without prejudice to the other provisions of this Appendix’. 2.4.5 Requirement 278 is changed as follows: ‘Interoperability tests are carried out by a single competent body’. 2.4.6 Requirements 291 to 295 are deleted and replaced by ‘Reserved’. 2.4.7 In Appendix 9/Sub-appendix 9 of the AETR (Type approval – List of minimum required tests), 1, 1-1, the introductory sentence is modified as follows: ‘The type approval procedure for the recording equipment (or component) or tachograph card is based on:’ ” The title of Appendix 2 is modified as follows: “APPROVAL MARK AND CERTIFICATES” The list of countries in paragraph 1 of Chapter I of Appendix 2 “Approval mark” is completed and modified as following: “Hungary Switzerland Finland Liechtenstein Bulgaria Kazakhstan Lithuania Turkey Turkmenistan Azerbaijan The former Yugoslav Republic of Macedonia Andorra Uzbekistan Cyprus Malta 'Yugoslavia 10' is replaced by 'Serbia and Montenegro 10' ” The title of Chapter II “APPROVAL CERTIFICATE” of Appendix 2 is modified as follows: “II. APPROVAL CERTIFICATE FOR PRODUCTS IN ACCORDANCE WITH APPENDIX 1” The following new section III is added to Appendix 2: “III. APPROVAL CERTIFICATE FOR PRODUCTS IN ACCORDANCE WITH APPENDIX 1B Once the Contracting Party has effected an approval it issues the applicant with an approval certificate, drawn up in accordance with the model below. Contracting Parties use copies of this document in order to communicate to other Contracting Parties approvals granted or any withdrawals. APPROVAL CERTIFICATE FOR PRODUCTS IN ACCORDANCE WITH APPENDIX 1B Name of the competent administration ………………………………………………………. Communication concerning (1): Approval Withdrawal of an approval Of a control device model Of a control device component (2) ……………………………………….………… Of a driver card Of a workshop card Of a company card Of an inspector’s card Approval No. …………………… 1. Manufacturing or commercial mark…………………………………………………… 2. Name of model………………………………………………………………………… 3. Name of manufacturer………………………………………………………………… 4. Address of manufacturer………………………………………………………………. …………………………………………………………………………………….…… Submitted for approval on…………………………………………………………….. 6. Test laboratory or laboratories………………………………………………………… 7. Date and No. of reports………………………………………………………………… 8. Date of approval……………………………………………………………………….. 9. Date of withdrawal of approval………………………………………………………… 10. Model(s) of component(s) of control device with which the component is intended to be used…………………………………………………………………………………. …………………………………………………………………………………………. 11. Place…………………………………………………………………………………… 12. Date……………………………………………………………………………………. 13. Descriptive documents annexed………………………………………………………… 14. Remarks (including the affixing of seals if required) ……………………………….… …………………………………………………………………………………………………. …………………………………………………………………………………………………. …………………………………… (Signature)

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