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Proposal for Law No 128 /XII

Exhibition of Motives

This proposed Act aims to proceed with the transposition of Directive No 2010 /40/UE, of the

European Parliament and of the Council of July 7, 2010 laying down a framework for

the deployment of intelligent transport systems in road transport, including in the

interfaces with other modes of transport.

One of the challenges of the Union is to develop innovative solutions aimed at the networks of the

different modes of transport and traffic management, as a response to the addition of the

mobility flow of citizens resulting from high motorisation, congestion

of road routes, increase in energy consumes and environmental problems and

associated social. Intelligent systems and services are therefore alternative solutions to the

traditional measures of expansion of road infrastructure.

The "Intelligent Transport Systems" (STI) constitute technological applications

advanced that are intended to provide innovative services within the framework of the operation and the

integration of the different modes of transport and traffic management, allowing for

provision of organised and managed transport networks and services more

rational, safe, coordinated and more "intelligent", as well as better information from the

users.

These systems have taken on different assignments and integrated varied concepts, from the

initial "telematics" to the "Intelligent Transport Systems" ( Intelligent Transport Systems -

ITS) and have been gaining increasing relevance in the pursuit of the goals of the sector of the

transport and mobility, presenting a wide variety of solutions and a quick

evolution.

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The STI systems and services, which combine telecommunications, electronics and the

information technologies with transport engineering, are essential for planning,

designing, operating, maintaining and managing transport systems, contributing significantly

to improve environmental performance, energy efficiency, safety of transport

road, including the transport of dangerous goods, public safety and the

mobility of passengers and goods, while guaranteeing the correct

operation of the internal market and higher levels of competition and employment.

The progress made in the application of information and communications technology to

other modes of transport must now reflect on the evolution of the transportation sector

road, notably with the aim of ensuring higher levels of integration

between road transport and the other modes of transport.

Some countries in the European Union are already using STI applications in the transport sector

road, albeit in a fragmented and uncoordinated manner, which has not allowed a

geographical continuity of STI services throughout the European Union and its borders

external. It is intended to alleviate this situation with the implementation of rules and specifications

interoperable in all states.

Meeting the objective of Directive No 2010 /40/UE, of the European Parliament and of the

Council, of July 7, 2010, to know, ensure coordinated and coherent implementation

of "Intelligent Transport Systems" interoperable in the Union, it aims to ensure that the

systems STI to be implemented in national territory to be articulated with the European Plan of

ITS action and with the measures and specifications to be adopted by the Commission.

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The National Data Protection Commission has been heard, the National Association of

Portuguese Municipalities, the National Highway Safety Authority and the Authority

National of Communications.

The hearing was promoted, by the optional title, of the Portugal Automobile Association, of the

National Association of the Automobile Branch, of the National Association of Companies of

Trade and Automotive Repair, of the National Association of Public Carriers

Road of Goods and the National Association of Road Carriers of

Heavy of Passengers.

Thus:

Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the

Assembly of the Republic the following proposal for a law, with a request for priority and urgency:

Article 1.

Object and scope of application

1-A This Law establishes the regime to which it shall obey the implementation and use of

intelligent transport systems, transposing to the internal legal order the Directive

n. 2010 /40/UE, of the European Parliament and of the Council of July 7, 2010, which

establishes a framework for the implementation of intelligent transportation systems in the

road transport, including at the interfaces with other modes of transport.

2-The intelligent transport systems (STI) to which the present law applies are the

systems to be designed in which information and communications technologies are

applied in the field of road transport, including infrastructure, vehicles

and users, in traffic and mobility management, as well as at the interfaces with the

other modes of transport.

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3-A This Law covers the applications of STI in the field of road transport and in the

its interfaces with other modes of transport, by staying excluded the relative systems

to national security and defence, as well with vehicles considered to be of historical interest

which have been enrolled and or approved prior to the entry into force of the present

law and its enforcement measures.

Article 2.

Definitions

For the purposes of this Act and supplementary regulations, it shall be deemed to be:

a) "STI Application", an operational tool for the application of ITS;

b) "Architecture", the conception that defines the structure, behavior and integration

of a given system in its environment;

c) "Compatibility", the overall capacity of a device or of a system to

work with another device or other system without change;

d) "Continuity of services", the ability to ensure, across the Union, fluidity

of the services in the transport networks;

e) "Traffic data", accurate and real-time data relative to the characteristics of the

road traffic;

f) "Trave data", basic data such as the schedules and fares of the

public transport, necessary to provide information in respect of

multimodal travel before and during the trip in order to facilitate the planning, the

reservation and the adaptation of travel;

g) "Road data", data on the characteristics of infrastructure

road signs, including traffic signalling or its attributes

safety regulations;

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h) "nomadic device", a portable communication equipment or

information that can be brought into the vehicle to support driving and or

transport operations;

i) "Specification", a binding measure that sets out provisions that contain

requirements, procedures or other relevant rules;

j) "Interface", an installation between systems that provides the means of communication

through which these can bind and interact;

k) "Interoperability", the capacity of systems and industrial processes that

are underlying them to exchange data and share information and knowledge;

l) "Standard", a standard in the acetation of the provisions of the Decree-Law No. 58/2000, of 18 of

april, concerning the procedure of information in the field of standards and

technical regulations;

m) "Platform", an internal or external unit that allows for the implementation, the

provision, operation and integration of STI applications and services;

n) "Provider of STI services", any provider of an STI service, both public

as private;

o) "STI Service", the provision of an STI application in an organizational framework and

well defined operational, with the aim of contributing to the safety of the

users, for efficiency, for comfort and or to facilitate or give support to the

transport and travel operations;

p) "Intelligent Transport Systems" or "STI", the systems as defined in the

n. 2 of the previous article;

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q) "User of STI", any user of STI applications or services, including

the travellers, the vulnerable users of the road tracks, the users and the

operators of road infrastructure, fleet managers and operators

of emergency services;

r) "Vulnerable users of traffic lanes", non-motorised users, such

as pawns, including people with disabilities or with mobility and

reduced guidance, cyclists and motorcyclists.

Article 3.

Implementation of STI, priority domains and actions

1-A implementation of STI applications and services shall comply with the priority domains,

according to the specifications set out in Annex I to this Law and that it is a part of

member.

2-Within the scope of the priority areas referred to in the preceding paragraph, they shall be

developed priority actions, with recourse to STI systems, referring to benefits of

services to users, specifically:

a) Information on multimodal travel;

b) Real-time information on traffic;

c) Data and procedures for the provision, if possible, of minimal information

universal on traffic, related to road safety, free of charge

for users;

d) Harmonized provision of an interoperable service of emergency calls

at the EU level;

e) Information on safe parking places for heavy vehicles and

commercial vehicles;

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f) Booking of safe parking spaces for heavy vehicles and vehicles

commercials.

3-A implementation of STI systems, applications and services, in the fields and actions

referred to in the preceding paragraphs, according to the specifications approved by the Commission

European in the terms of Directive No 2010 /40/UE, of the European Parliament and of the

Council, of July 7, 2010, shall be borne by the bodies with assignments in the

areas of transport, communications, road safety, medical emergency and

civil protection, in the terms to be defined by the porterie of the responsible government members

by the said areas.

4-In the implementation referred to in the preceding paragraph shall be unabated, in particular,

the body with assignments in the planning, implementation and coordination of policies

designed to promote the rights of persons with disabilities and organizations not

government of persons with disabilities of a national scope, on the subjects that

include vulnerable users of the road tracks.

5-Without prejudice to the approval of specifications by the European Commission in the terms

referred to in paragraph 3, internal measures of implementation of systems may be adopted

STI in the priority areas, in accordance with the principles set out in Annexes I and II

to this law and that of it form an integral part.

Article 4.

Body of coordination

1-Compete to the Institute of Mobility and Transport, I.P. (IMT, I.P.), coordinate the

implementation and the continuity of STI systems, applications and services, pursuant to

define in the porterie referred to in paragraph 3 of the previous article.

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2-Within the framework of the coordination functions the IMT, I.P., centralises the information concerning the

implementation of STI systems, applications and services and presents to the European Commission

the reports on the activities and national projects of STI concerning the domains

priority.

Article 5.

Duty of collaboration

All public entities with competencies or responsibility in the implementation of

systems or STI services, as well as private concessionary entities in the areas of

transport and respect infrastructure, shall collaborate in the implementation of this Law and

provide the data necessary for the elaboration of the reports referred to in the previous article.

Article 6.

Rules relating to privacy, security and reuse of information

1-The processing of personal data in the framework of the implementation and exploitation of the

applications and STI services must comply with national legislation and Union law

European in force on the protection of freedoms and fundamental rights

of the persons, specifically in relation to the protection of personal data.

2-STI applications and services must respect, in particular, the protection of data

personal against any abusive use, including illegal access, alteration or

loss of the same, complying with the provisions of Law No. 67/98 of October 26, which

passes the Act on the Protection of Personal Data.

3-As far as the application of the law referred to in the preceding paragraph is concerned, and especially when

are in question specific categories of personal data, it should also be

ensured respect for the provisions on consent to the processing

of this personal data.

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4-Unless the provisions of the preceding paragraphs are applicable, the Act No 46/2007 of August 24 shall apply,

that regulates access to administrative documents and their reuse.

5-A in order to safeguard privacy, they must use, without prejudice to the regime of

data protection, anonymous data in the frame of STI applications and services.

Article 7.

Rules relating to liability

The questions regarding liability, with regard to the implementation and use of

applications and STI services listed in the approved specifications, are treated in

compliance with national legislation and the right of the European Union in force,

notably Decree-Law No. 383/89 of November 6, as amended by the Decree-Law

n 131/2001 of April 24 on liability arising from products

defective.

Article 8.

Entry into force

This Law shall come into force thirty days after the date of its publication.

Seen and approved in Council of Ministers of January 31, 2013

The Prime Minister

The Deputy Minister and Parliamentary Affairs

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ANNEX I

(referred to in Article 3 (1) and (5))

PRIORITY AREAS

The implementation of STI applications and services must comply with the following domains

priority:

I-Optimized use of the data on the tracks, traffic and travel;

II-Continuity of the STI services of traffic management and the transport of

goods;

III-STI applications in the field of road safety;

IV-Liaison between vehicles and transport infrastructure.

PRIORITY ACTIONS

They constitute priority actions for the priority areas, with a view to the elaboration and

use of the specifications and standards set out in this Annex:

a) Provision, at the EU level, of information services on multimodal travel;

b) Provision, at the EU level, of real-time information services on the

traffic;

c) Data and procedures for the provision, if possible, of minimal information

universal on traffic related to road safety, free of charge for

the users;

d) Harmonized provision of an interoperable service of emergency calls to

level of the EU;

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e) Provision of information services on safe parking spaces for

heavy vehicles and commercial vehicles;

f) Provision of booking services of safe parking places for vehicles

heavy and commercial vehicles.

Priority area I: Great use of the data concerning pathways, traffic and travel

The specifications and standards for the optimal use of the data relating to the tracks, traffic and

to travel must include:

1. Specifications for priority action a)

The definition of the necessary requirements for the users of STI to be able to have,

at the Union level, of reliable and cross-border information services on traffic

and multimodal travel, on the basis of:

On the availability and accessibility, for the providers of STI services, of the

existing and reliable data on the tracks and on the road traffic in real time

for effects of information on multimodal travel, without prejudice to the

constraints on safety and transport management,

Aim At the simplification of the electronic data exchange between public authorities,

interested parties and pertinent STI service providers, short and beyond-

borders,

In the timely update of the available data on pathways and road traffic

used by public authorities and other relevant stakeholders

to make available information on multimodal travel,

REED In the timely update, on the part of the STI service providers, das

information about multimodal travel.

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2. Specifications for priority action b )

The definition of the necessary requirements so that the users of STI can have

of reliable information services short and beyond-borders on traffic in time

real at EU level, on the basis of:

On the availability and accessibility, for the providers of STI services, of the

existing and reliable data on the tracks and on the road traffic in real time

for effects of information on real-time traffic, without prejudice to the

constraints on safety and transport management,

Aim At the simplification of the electronic data exchange between public authorities,

interested parties and pertinent STI service providers, short and beyond-

borders,

In the timely update of the available data on pathways and road traffic

used by public authorities and other relevant stakeholders

to make available information about traffic in real time,

REED In the timely update, on the part of the STI service operators, das

information about the traffic in real time.

3. Specifications for priority actions a) and b)

3.1. The definition of the necessary requirements for the collection, by the authorities

competent public and or, where appropriate, by the private sector, of data relating to the

public routes and traffic (including, for example, the movement plans of the

traffic, traffic rules and recommended percourses, particularly for the

heavy goods cars) and for the supply of such data to the

providers of STI services, based:

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Willingness On the availability, for STI service providers, of existing data

relative to the tracks and traffic (p. ex., traffic circulation plans, rules of

transit and recommended pathways) collected by the public authorities

competent and or by the private sector,

On the simplification of the electronic exchange of data between public authorities

competent and the providers of STI services,

To be in the timely update, by the competent public authorities and or, if applicable

of this, by the private sector, of data concerning pathways and traffic (p. ex., plans of

traffic circulation, traffic rules and recommended pathways),

REED In the timely update, on the part of the STI service providers, of the services and

applications STI that use such data on pathways and traffic.

3.2. The definition of the necessary requirements for the data on the tracks, the traffic and the

transport services used for the creation of digital maps are accurate and, if

possible, if they find themselves at the disposal of the producers of digital maps and the

digital cartography service providers, based:

To the possibility of the producers of digital maps and the providers of services of

digital cartography to have access to existing data on the tracks and on traffic

used for the creation of digital maps,

On The simplification of the electronic data exchange between public authorities and

relevant stakeholders and the producers and private suppliers of

digital maps and the providers of digital cartography services,

In the timely update, on the part of the public authorities and the parties

relevant stakeholders, from the data on the tracks and the traffic used for the

creation of digital maps,

In the timely update of the digital maps by the producers of these maps

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and of digital cartography service providers.

4. Specifications required for priority action c )

The definition of minimum requirements, where possible, for " traffic messages

universal " related to road safety, if possible gratuitous

for all users of the public tracks, as well as the definition of their content

minimum, based:

On the identification and use of a normalized list of related events

with the safety of traffic ("universal traffic messages"), which must be

communicated free of charge to all users of STI,

On the compatibility and integration of the "universal traffic messages" in the

Real-time information STI services on traffic and travel

multimodal.

Priority Domain II: Continuity of the STI services of traffic management and transport

of goods

The specifications and standards designed to ensure the continuity and interoperability of the

traffic management services and freight transport, particularly in the Network

Trans-European Transport-RTE-T, must include:

1. Specifications for other actions

1.1. The definition of the necessary measures to develop the framework architecture of the STI

of the EU, which specifically target interoperability in the field of STI, the

continuity of services and the aspets linked to multimodality, including by

example the multimodal and interoperable bilhtics, in the framework of which the

Member States and their respective competent authorities, in cooperation with the sector

private, can develop their own STI architecture for mobility to

national, regional or local level.

1.2. The definition of the minimum requirements necessary for the continuity of STI services,

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particularly with regard to cross-border services, for the management of the

transport of passengers between different modes of transport, on the basis of:

On the simplification of the electronic exchange of data and information concerning the

traffic short and beyond-borders, and, if appropriate, at the regional level, or between zones

urban and interurban, between information centres or traffic control centres

pertinent and the different stakeholders,

Purpose In the use of information flows or standard traffic interfaces between

the relevant traffic information or control centres and the different

interested parties.

1.3. The definition of the minimum / necessary requirements for the continuity of STI services

for the management of the transport of goods in the transport corridors and between

different modes of transport, based on:

On the simplification of the electronic exchange of data and information concerning the

traffic short and beyond-borders, and, if appropriate, at the regional level, or between zones

urban and interurban, between information centres or traffic control centres

pertinent and the different stakeholders,

Purpose In the use of information flows or standard traffic interfaces between

the relevant traffic information or control centres and the different

interested parties.

1.4. The definition of the necessary measures to create STI applications (namely the

follow up and the location of the goods along the journey and in the different

modes of transport) in the logistics sector of the freight transport (system

eFreight ), on the basis of:

In the possibility of the creators of STI applications having access to STI technologies

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pertinent and in their use by the same,

In On the integration of the positioning results in the instruments and centres of

management of traffic.

1.5. The definition of the interfaces required to ensure interoperability and

compatibility between the architecture of urban STI and the architecture of the STI

Europeans, on the basis of:

In the possibility of the urban control centres and service providers

have access to the data on public transport, the planning of

travel, the demand for transport services, traffic and parking,

Aim On the simplification of the electronic data exchange between the different centres of

urban control and service providers with regard to transport

public or private and to all possible modes of transport,

To be involved in the integration of all pertinent data and information in a unique architecture.

Priority Domain III: Applications STI in the field of road safety

The specifications and standards for STI applications in the field of road safety

must include:

1. Specifications for priority action d )

The definition of the necessary measures for the harmonised provision of a service

interoperable of emergency calls at EU level, which should include:

(A) The availability of the STI data necessary for the exchange on board the vehicles,

(A) The availability of the necessary equipment in the centres of response to

emergency calls receiving the data issued by the vehicles,

The simplification of the electronic data exchange of data between vehicles and centres

of response to emergency calls.

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2. Specifications for priority action and )

The definition of the necessary measures to make information systems available,

based on STI, on safe parking spaces for lorries and vehicles

commercial, particularly in service and rest areas on the roads, on the basis of:

In the provision of the provision to users of information about parking,

In The simplification of the electronic exchange of data between the places of

parking, the centres and the vehicles.

3. Specifications for priority action f )

The definition of the necessary measures to make available reservation systems, based

in STI, of safe parking places for trucks and commercial vehicles,

on the basis:

In the provision of the provision to users of information about parking,

In The simplification of the electronic exchange of data between the places of

parking, the centres and the vehicles,

On the integration of pertinent STI technologies, both in the vehicles and in the locals

of parking, which allow to update the information on the places of

parking available, for the purpose of booking.

4. Specifications for other actions

4.1. The definition of the necessary measures to support the safety of road users

road in respect of the human-machine interface on board and the use of

nomadic devices for support of the driving and or the transport operation, well

as the safety of the communications systems on board the vehicles;

4.2. The definition of the necessary measures to improve the safety and comfort of the

vulnerable users of the road tracks in relation to all STI applications

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pertinent;

4.3. The definition of the necessary measures to integrate advanced information systems

of driver support in vehicles and road infrastructure, excluding

information on the type approval standards of vehicles and their components.

Priority area IV: Liaison between vehicles and transport infrastructure

The specifications and standards applicable to ITS for the connection between the vehicles and the

transport infrastructure must include:

1. Specifications for other actions:

1.1. The definition of the necessary measures for the integration of the different STI applications

on an open platform in the vehicles, on the basis of:

REED On the identification of the functional requirements of the existing STI applications or

predicted,

Formulation In the definition of an open system architecture that defines the functionalities and

interfaces necessary for interoperability / interconnection with systems and

facilities of the infrastructure,

英英In automatic integration (" Plug-and-play ") of future STI applications new or

updated on an open platform on board the vehicles,

Adhering to the use of the normalization process for the adoption of architecture and the

specifications relating to the open platform on board the vehicles.

1.2. The definition of the necessary measures for the continuation of progress in the

development and the application of cooperative systems (between vehicles, among the

vehicles and infrastructure or between infrastructure), on the basis of:

On the simplification of the exchange of data or information between vehicles, between

infrastructure and between vehicles and infrastructure,

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(s) On the placing at the disposal of the relevant data or information to be exchanged by the

vehicles and road infrastructure,

Purpose In the use of a standardised message format for such an exchange of

data or information between vehicles and infrastructure,

Working On the definition of a communication infrastructure for each type of exchange

between vehicles, between infrastructure and between vehicles and infrastructure,

In the Application of normalization processes for the adoption of the different

architectures.

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ANNEX II

(as referred to in Article 3 (5))

PRINCIPLES FOR IMPLEMENTATION OF STI

The choice and implementation of STI applications and services should be based on an assessment

of the needs entailing all relevant stakeholders and observing the

following principles:

a) Being effective-having the ability to contribute materially to the resolution of the

main challenges with which road transport is confronted in Europe

(p. ex., reduction of congestion, decrease in emissions, increase in

energy efficiency, guarantee of higher safety levels,

particularly for vulnerable users of the road routes);

b) Being profitable-optimizing the ratio between costs and the results, in the perspetive of the

compliance with the defined objectives;

c) Be provided-predicting, if any, different possible levels of

quality and implementation of the services, taking into account local specificities,

regional, national and European;

d) Supporting the continuity of services-ensuring the fluidity of services across the

Community, especially in the trans-European network, and, if possible, in its

external borders when these services are implanted. The continuity of the

services should be ensured at a level adapted to the characteristics of the networks of

transport that litigate countries with countries and, if appropriate, regions with regions and

cities with rural areas;

e) Provide interoperability-ensuring that systems and commercial processes

underlying have the ability to exchange data and share information and

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knowledge to enable the effective provision of STI services;

f) Support the compatibility with existing systems-ensuring, if appropriate, the

ability of ITS to work with the existing systems they share

a common goal, without harming the development of new technologies;

g) Respect the characteristics of existing infrastructure and national networks-

take into account the differences inherent in the characteristics of transport networks,

particularly with regard to the dimensions of traffic volumes and the

atmospheric conditions on the road;

h) Promoting equal access-not raising obstacles or making

discrimination to the access of vulnerable users of the road tracks to the

applications and STI services;

i) Support the maturity-demonstrating, after an appropriate risk assessment, the

soundness of innovative STI systems, through a sufficient level of

technical development and operational operation;

j) Provide timeframe services and quality positioning-use

satellite infrastructure or other technologies that allow for a level

equivalent of precision for the purposes of the STI applications and services that require

global, continuous, accurate chronometry and positioning services

reliable;

l) Facilitating intermodality-taking into account the coordination of various modes of

transport, if appropriate, when implementing STI;

m) Respecting the coherence-taking into account the rules, policies and activities

community already existing, relevant in the field of STI, particularly in the

field of normalization.