Establishes The Regime That Must Comply With The Implementation And Use Of Intelligent Transport Systems, Transposing Directive No 2010/40/eu Of 7 July, Which Establishes A Framework For The Implementation Of Intelligent Transport Systems In Tran

Original Language Title: Estabelece o regime a que deve obedecer a implementação e utilização de sistemas de transportes inteligentes, transpondo a Diretiva n.º 2010/40/UE, de 7 de julho, que estabelece um quadro para a implementação de sistemas de transporte inteligentes no tran

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PRESIDENCY of the COUNCIL of MINISTERS 1 Proposal of law No. 128/XII explanatory memorandum this proposal of law aims to undertake the transposition of Directive No. 40/2010/EU of the European Parliament and of the Council of 7 July 2010, establishing a framework for the deployment of intelligent transport systems in road transport, including interfaces with other modes of transport. One of the challenges of the Union is to develop innovative solutions for networks of different modes of transport and traffic management, in response to the increased flow of mobility of citizens resulting from the motor, high road congestion, the increase of energy consumption and the environmental and social problems associated with. The intelligent systems and services are therefore alternatives to traditional measures of expansion of road infrastructures. The ' Intelligent ' transport systems (its) are advanced technological applications which are designed to provide innovative services within the framework of the operation and integration of the different modes of transport and traffic management, enabling the provision of transport networks and services organized and managed in a more rational, safe, coordinated and more ' intelligent ', as well as better information for users. These systems have assumed different names and various integrated concepts, since the initial ' telematics ' to ' Intelligent ' transport systems (Intelligent Transport Systems-ITS) and have gained increasing importance in the pursuit of the goals of the transport sector and mobility, showing a wide variety of solutions and a rapid evolution.

PRESIDENCY of the COUNCIL of MINISTERS 2 and STI services, systems that combine telecommunications, electronics and information technologies with the transport engineering, are essential for planning, design, operate, maintain and manage the transport systems, contributing significantly to improve the environmental performance, energy efficiency, security of road transport, including the transport of dangerous goods , public security and the mobility of passengers and goods, while ensuring the proper functioning of the internal market and higher levels of competition and employment. The progress made in the implementation of information and communication technologies to other modes of transport must now be reflected in the evolution of the road transport sector, in particular in order to ensure higher levels of integration between road transport and other modes of transport. Some European Union countries are already using ITS applications in the road transport sector, albeit fragmented and uncoordinated, which has allowed a geographical continuity of ITS services throughout the European Union and its external borders. It is intended to mitigate this situation by implementing rules and interoperable specifications in all States. In view of the objective of the Directive n° 40/2010/EU of the European Parliament and of the Council of 7 July 2010, namely, to ensure the coherent and coordinated implementation of "intelligent transport systems interoperable within the Union, visa ' to ensure that STI systems to implement in national territory if articulate with the European Plan of ITS Action and the measures and to adopt specifications by the Commission.



PRESIDENCY of the COUNCIL of MINISTERS 3 were heard the National data protection Commission, the National Association of Portuguese municipalities, the National Road Safety Authority and the National Authority of communications. She was promoted to audition, on an optional basis, Portugal auto Association, the National Association of automotive Branch of the National Association of Trade companies and car repair, of the National Association of Public Road freight Carriers and the National Association of Road Transporters of heavy passengers. So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following Bill, with priority and urgency request: article 1 Object and scope 1-this law establishes the rules to which it must comply with the implementation and use of intelligent transport systems, transposing to the internal legal order the directive n° 40/2010/EU of the European Parliament and of the Council of 7 July 2010, establishing a framework for the implementation of intelligent transport systems in road transport, including interfaces with other modes of transport. 2-The intelligent transportation systems (its) to which this Act applies are designing systems in which the information and communication technologies are applied in the field of road transport, including infrastructure, vehicles and users, in the management of traffic and mobility, as well as the interfaces with other modes of transport.



PRESIDENCY of the COUNCIL of MINISTERS 4 3-this law covers ITS applications in the field of road transport and interfaces with other transport modes, getting deleted the safety-related systems and national defense, as well as for vehicles considered to be of historical interest that have been registered and/or approved before the entry into force of this law and of its implementing measures. Article 2 definitions for the purposes of this law and supplementary regulations: a) «STI» Application, an operational instrument for the implementation of STI; b) «architecture», the concept that defines the structure, behaviour and the integration of a given system in your environment; c) ' Compatibility ', the General capacity of a device or system to work with another device or other system without amendment; d) ' services ' continuity, the ability to ensure, throughout the Union, the free flow of services in transport networks; e) «traffic data», accurate, real-time data relating to the characteristics of road traffic; f) «travel» Data, basic data, such as timetables and public transport fares, needed to provide multimodal travel information before and during the trip in order to facilitate the planning, booking and the adaptation of the trips; g) «Road» Data, data on the characteristics of road infrastructures, including traffic signs or their regulatory security attributes;



PRESIDENCY of the COUNCIL of MINISTERS 5:00) ' nomadic ' Device, a portable communication equipment or information which may be brought into the vehicle to support the conduct and or transport operations; I) «Specification», a measure binding provisions containing requirements, procedures or other relevant rules; j) «Interface», an installation among systems that provides the means of communication through which these can be connected and interact; k) ' interoperability ' means the ability of the systems and industrial processes that underlie them to Exchange data and share information and knowledge; l) ' standard ' means a standard in aceção the provisions of Decree-Law No. 58/2000, 18 April, concerning the procedure for the provision of information in the field of technical standards and regulations; m) «platform», an internal or external drive that allows the implementation, supply, operation and integration of STI services and applications; n) «STI service provider ' means a provider of a service STI, both public and private; «STI» Service), providing an application STI within a framework clearly defined organizational and operational, with the objective of contributing to the safety of users, for efficiency, for comfort or to facilitate or support to the operations of transport and travel; p) «Intelligent Transport Systems» or «STI», as defined in paragraph 2 of the preceding article;



PRESIDENCY of the COUNCIL of MINISTERS 6 q) «STI» user, any user applications or STI services, including travelers, vulnerable users of the roads, users and road infrastructure operators, fleet managers and operators of emergency services; r) ' vulnerable Users of transit ', non-motorised users, such as pedestrians, including those with disabilities or with reduced mobility and orientation, cyclists and motorcyclists. Article 3 implementation of STI, domains and priority actions 1-the implementation of STI services and applications must meet the priority areas, in accordance with the specifications set out in annex I to this Act and which is an integral part. 2-under the priority areas referred to in the preceding paragraph, priority actions should be developed, using ITS systems for the provision of services to users, including: a) multimodal travel information; b) real-time information about the traffic; c) data and procedures for the provision, if possible, of minimum universal traffic information, related to road safety, free to users; d) Provide interoperable service of harmonized emergency calls at EU level; and) information on secure parking spaces for trucks and commercial vehicles;




PRESIDENCY of the COUNCIL of MINISTERS 7 f) reserve of safe parking spaces for trucks and commercial vehicles. 3-the implementation of systems, applications and services STI, in the fields and actions referred to in the preceding paragraphs, according to the specifications approved by the European Commission pursuant to Directive No. 40/2010/EU of the European Parliament and of the Council of 7 July 2010, shall be borne by the bodies with responsibilities in the areas of transport, communications, road safety, medical emergency and civil protection in accordance with the set by order of the members of the Government responsible for the listed areas. 4-On implementation referred to in the previous paragraph must be surveyed, namely, the organism with responsibilities in the planning, implementation and coordination of policies to promote the rights of persons with disabilities and the non-governmental organizations of people with disabilities nationwide, on matters including the vulnerable users of the roads. 5-Notwithstanding the approval of specifications by the European Commission in accordance with the procedure referred to in paragraph 3, may be adopted domestic measures of implementation of STI systems in priority areas, in accordance with the principles laid down in annexes I and II to this law and which form an integral part. Article 4 1 coordination body-it is the mobility and transport Institute, I.P. (IMT), to coordinate the implementation and continuity of systems, applications and services STI, in accordance with the set in the Ordinance referred to in paragraph 3 of the preceding article.



PRESIDENCY of the COUNCIL of MINISTERS 8 2-within the framework of the coordination functions of the IMT, I.P., centralizes the information relating to the implementation of systems, applications and services STI and presents the European Commission reports on the activities and projects of national STI relating to priority areas. Article 5 Duty of collaboration All public authorities with powers or responsibility in the implementation of STI systems or services, as well as private entities and concessionaires in the areas of transport and their infrastructure, should cooperate in the implementation of this law and provide the data needed for the preparation of the reports referred to in the previous article. Article 6 rules on privacy, security and the re-use of information 1-the processing of personal data in the framework of the implementation and operation of applications and services STI should comply with national legislation and European Union law in force in the field of protection of fundamental rights and freedoms of persons, in particular with regard to personal data protection. 2-applications and services STI shall respect, in particular, the protection of personal data against any misuse, including illegal access, amendment or the loss thereof, in compliance with the provisions of law No. 67/98 of 26 October, which approves the law of protection of personal data. 3-as regards the application of the law referred to in the previous paragraph, and especially when they're concerned specific categories of personal data, should also be ensured that the provisions relating to consent to the processing of such personal data.



PRESIDENCY of the COUNCIL of MINISTERS 9 4-except as provided in the preceding paragraphs, shall apply the law No. 46/2007, of 24 August, which regulates the access to administrative documents and their re-use. 5-in order to safeguard privacy, use, subject to the data protection regime, anonymized data within the framework of ITS applications and services. Article 7 rules on liability issues relating to liability, with regard to the implementation and use of ITS applications and services contained in the approved specifications, are treated in accordance with national law and European Union law in force, in particular Decree-Law No. 383/89, of November 6, as amended by Decree-Law No. 131/2001 , April 24, concerning liability for defective products. Article 8 entry into force this law shall enter into force thirty days after the date of its publication.

Seen and approved by the Council of Ministers of 31 January 2013 the Prime Minister Deputy Minister and Parliamentary Affairs PRESIDENCY of the COUNCIL of MINISTERS 10 Annex I (referred to in paragraphs 1 and 5 of article 3) PRIORITY AREAS the implementation of STI services and applications must meet the following priority areas: I-optimized Use of data relating to the , to traffic and travel; II – continuity of STI services and traffic management of freight transport; III – STI Applications in the area of road safety; IV – connection between the vehicles and the transport infrastructures.

PRIORITY ACTIONS Are priority actions for the priority areas, with a view to the preparation and use of specifications and standards laid down in this Annex: a) Provision, at EU level, of information services on multimodal travel; b) Provision, at EU level, real-time information about the traffic; c) data and procedures for the provision, if possible, minimum information about the traffic universal relating to road safety, free to users; d) Provide interoperable service of harmonized emergency calls at EU level;

PRESIDENCY of the COUNCIL of MINISTERS and 11) provision of information on safe parking spaces for trucks and commercial vehicles; f) provide services of safe parking spaces for trucks and commercial vehicles. Priority area i: great Use of data relating to roads, traffic and travel specifications and standards for optimal use of data relating to roads, traffic and travel should include: 1. Specifications for priority action) the definition of the necessary requirements for users of STI can have, at Union level, to reliable and cross-border information services about the traffic and multimodal travel based:  In availability and accessibility, ITS service providers, existing and reliable data about the ways and on road traffic in real time for the purposes of multimodal travel information, without prejudice to the security constraints and transport management  On simplifying the exchange of electronic data between public authorities , stakeholders and service providers relevant STI short and beyond borders,  On timely update of data available on the roads and road traffic used by public authorities and other relevant stakeholders to provide multimodal travel information, timely update  by the STI service providers, information on multimodal travel.



PRESIDENCY Of The COUNCIL Of MINISTERS, 12 2. Specifications for priority action b) the definition of the necessary requirements for users of STI can have reliable information services below and across borders on the traffic in real time at EU level, on the basis of:  In availability and accessibility, ITS service providers, existing and reliable data about the ways and on road traffic in real time for information on real-time traffic without prejudice to the security constraints and transport management  On simplifying the exchange of electronic data between public authorities, stakeholders and service providers relevant STI short and beyond borders,  On timely update of data available on the roads and road traffic used by public authorities and other relevant stakeholders to provide information on real-time traffic  timely update, by operators of STI services, information on traffic in real time. 3. Specifications for priority actions) and b) 3.1. The definition of the necessary requirements for collection by the competent public authorities or, where appropriate, the private sector, of data relating to public roads and traffic (including, for example, traffic circulation plans, traffic regulations and recommended routes, particularly for heavy goods vehicles) and for the supply of that data to service providers STI based: PRESIDENCY of the COUNCIL of MINISTERS 13


 On availability, ITS service providers, existing data relating to roads and traffic (e.g. traffic circulation plans, traffic regulations and recommended routes) collected by the competent public authorities and/or by the private sector,  On simplification of the electronic exchange of data between the competent public authorities and service providers, timely update  STI competent public authorities or, where appropriate, the private sector, of data relating to roads and traffic (e.g. traffic circulation plans, traffic regulations and recommended routes),  On timely update of ITS service providers, ITS applications and services that use these data on roads and traffic. 3.2. The definition of the requirements for data on roads, traffic and transport services used to create digital maps are accurate and, if possible, are available to the digital map producers and service providers of digital cartography, based:  On possibility of digital map producers and providers of digital cartography have access to existing data on tracks and on the traffic used for creating digital maps,  On simplifying the exchange of electronic data between public authorities and relevant stakeholders and private producers and suppliers of digital maps and service providers of digital cartography,  On timely update, public authorities and relevant stakeholders, of the data on the roads and the traffic used for creating digital maps  timely update, the digital maps by the producers of these maps PRESIDENCY of the COUNCIL of MINISTERS and 14 service providers of digital cartography. 4. specifications required for priority action c) the definition of minimum requirements, whenever possible, to «universal traffic messages» related to road safety, if possible free of charge for all users of public roads, as well as the definition of their minimum content, based on:  in the identification and use of a standardised list of events related to traffic safety («universal traffic messages») , which must be communicated free of charge to all users of STI,  On compatibility and integration of «universal traffic messages» STI services of real-time information about the traffic and multimodal trips. Priority area II: continuity of STI services and traffic management of freight transport specifications and rules designed to ensure the continuity and interoperability of services and traffic management of goods transport, particularly in the trans-European transport network-ten-T should include: 1. Specifications for other actions 1.1. The definition of the necessary measures to develop the framework architecture of STI, specifically aimed at EU interoperability in the field of STI, continuity of services and aspects connected to the multimodality, including for example the multimodal ticketing and interoperable, within which the Member States and their competent authorities, in cooperation with the private sector, to develop your own STI architecture for mobility at national level , regional or local level. 1.2. The definition of the minimum requirements for the continuity of ITS services, PRESIDENCY of the COUNCIL of MINISTERS 15 in particular with regard to cross-border services, for the management of passenger transport between different modes of transport, on the basis of:  On simplification of the electronic exchange of data and information relating to the traffic below and across borders, and, if appropriate, at the regional level , or between urban and interurban areas, among the information centres or relevant traffic control and the different stakeholders,  On use of information flows or standard traffic interfaces between information centres or relevant traffic control and the different stakeholders. 1.3. The definition of the minimum/necessary for the continuity of ITS services for the management of freight transport corridors and between different modes of transport, on the basis of:  On simplification of the electronic exchange of data and information relating to the traffic below and across borders, and, where appropriate, at regional level, or between urban and interurban areas, among the information centres or relevant traffic control and the different stakeholders ,  use of flows of information or standard traffic interfaces between information centres or relevant traffic control and the different stakeholders. 1.4. The definition of the necessary measures for the establishment of ITS applications (including the tracking and location of goods along the journey and in the different modes of transport) in the field of freight transport logistics ((eFreight) system), with base:  in ITS applications developers have access to the technologies ITS PRESIDENCY of the COUNCIL of MINISTERS 16 relevant and in use by the same  the integration of results, the position in the instruments and traffic management centres. 1.5. The definition of the interfaces necessary to ensure the interoperability and compatibility between the architecture of the urban and architecture of STI STI Europeans based:  the possibility of urban control centres and service providers have access to data relating to public transport, travel planning, looking for transport services, the traffic and the parking lot ,  On simplifying the exchange of electronic data between the different urban control centres and service providers as regards the public or private transport and all modes of transport possible,  on integrating all relevant data and information on a single architecture. Priority area III: ITS Applications in the field of road safety specifications and standards for ITS 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 an interoperable in-vehicle emergency call service at EU level, which should include:  data availability required Exchange STI vehicle , the availability of necessary equipment in response to emergency calls they receive the data emitted by vehicles,  simplifying the electronic exchange of data between the vehicles and the response to emergency calls.

PRESIDENCY Of The COUNCIL Of MINISTERS 17 2. Specifications for priority action and) the definition of the necessary measures to make information systems, based in STI, about secure parking spaces for trucks and commercial vehicles, in particular in service and rest areas on highways, with base:  in providing users with information on parking,  On simplification of the electronic data exchange between the parking locations , the centers and vehicles. 3. Specifications for priority action f) the definition of the necessary measures to provide reservation systems, based in STI, safe parking spaces for trucks and commercial vehicles, on the basis of:  in providing users with information on parking,  On simplification of the electronic data exchange between the parking locations, the centres and the vehicles  On integration of STI relevant technologies both vehicles as parking locations, making it possible to update the information about the parking spaces available, for the purpose of booking. 4. Specifications for other actions 4.1. The definition of the necessary measures to support the safety of the users of the roads with respect to man-machine interface and the use of nomadic devices for driving and support or to transport operation, as well as the security of the communications systems aboard the vehicles; 4.2. The definition of the necessary measures to improve the safety and comfort of users vulnerable of roads in respect of all applications ITS PRESIDENCY of the COUNCIL of MINISTERS 18


relevant; 4.3. The definition of the necessary measures to integrate advanced information systems to support the driver in road infrastructure and vehicles, excluding information on standards for approval of vehicles and their components. Priority area IV: connection between the vehicles and the transport infrastructure specifications and standards applicable to STI for the connection between the vehicles and the transport infrastructures shall include: 1. Specifications for other actions: 1.1. The definition of the necessary measures for the integration of different applications in an open in-vehicle platform STI, based:  in identifying the functional requirements of ITS existing or planned applications,  in the definition of an open system architecture that defines the functionality and interfaces required for interoperability/interconnection with the systems and infrastructure facilities,  In automatic integration («Plug and play») of future new or updated STI applications on an open platform vehicle ,  in the use of the standardization process for the adoption of the architecture and specifications relating to the open platform vehicle. 1.2. The definition of the necessary measures to further progress in the development and implementation of cooperative systems (between vehicles, between vehicles and infrastructure or infrastructure), with base:  On simplifying the exchange of data and information between vehicles, between infrastructures and between vehicles and infrastructure, PRESIDENCY of the COUNCIL of MINISTERS 19  In making available data or information pertaining to trade for vehicles and road infrastructures , using a  message standardised format for this information or data exchange between vehicles and infrastructure,  in the definition of a communication infrastructure for each type of exchange between vehicles, between infrastructures and between vehicles and infrastructure,  in applying standardisation processes for the adoption of different architectures.



PRESIDENCY of the COUNCIL of MINISTERS 20 ANNEX II (referred to in paragraph 5 of article 3) PRINCIPLES for ITS IMPLEMENTATION the choice and implementation of ITS applications and services must be based on a needs assessment involving all the relevant stakeholders and to observe the following principles: a) be effective — have the ability to materially contribute to the resolution of the main challenges faced by road transport in Europe (p. ex. , reducing congestion, reducing emissions, increasing energy efficiency, ensuring higher levels of security, in particular for vulnerable users of roads); b) be profitable — optimize the ratio between costs and results, from the perspective of the fulfilment of the objectives set; c) Be offered — to provide, where appropriate, different possible levels of quality and implementation of services, taking into account the specific local, regional, national and European; d) support the continuity of services — ensuring the fluidity of services throughout the community, especially on trans-European networks, and, if possible, in their external borders when these services are deployed. Continuity of services should be ensured at a level appropriate to the characteristics of transport networks linking countries with countries and, where appropriate, regions with regions and cities with rural areas; e) Provide interoperability — ensure that the systems and the underlying business processes are able to Exchange data and share information and PRESIDENCY of the COUNCIL of MINISTERS 21 knowledge to enable effective delivery of ITS services;

f) Support compatibility with existing systems — to ensure, where appropriate, the ability of the STI to work with existing systems that share a common goal, without harming the development of new technologies; g) Respect the characteristics of the infrastructure and existing national networks — differences inherent in the characteristics of transport networks, in particular with regard to the size of the volumes of traffic and weather conditions on the road; h) Promote equal access — not raise obstacles nor do discriminate vulnerable users of the access roads to STI services and applications; I) support — demonstrate maturity, after a proper risk assessment, the soundness of ITS innovative systems, through a sufficient level of technical development and operational exploration; j) provide quality positioning and timing — use satellite infrastructures or other technologies that allow an equivalent level of accuracy for the purposes of ITS applications and services that require positioning and timing services global, continuous, accurate and reliable; l) Facilitate intermodality — take into account the coordination of various modes of transport, if appropriate, on the implementation of STI; m) respect the coherence — take into account the rules, policies and existing community activities, relevant in the field of STI, in particular in the field of standardisation.