LAW

SAN MARINO


We the Captains Regent
Most Serene Republic of San Marino


In view of article 4 of the Constitutional Law no.185 / 2005 and Article 6 of Qualified Law
186/2005;
Promulgate and publish the following ordinary law approved by the Great and General Council
its meeting on June 2, 2010:


LAW June 7, 2010 N.100


RULES ON DRIVERS

TITLE I GENERAL PROVISIONS




CHAPTER I SCOPE AND DEFINITIONS


Art. 1
(Purpose)

The Chapter I of this Act is directed at regulating in a uniform manner throughout the
national territory of the Republic of San Marino, and in full respect of the role of 'autonomous collective bargaining
, disciplinary profiles employment-related organization time
of working time of persons performing mobile road transport activities, to improve
health protection, personal safety, road safety. They are governed therefore
driving times, breaks and rest periods for drivers engaged in the transport of
persons and goods by road.


Art.
2 (Definitions)

For the purposes of this Act, it means:
1. 'vehicle' means any motor vehicle, motor vehicle or trailer; this term includes any
combination of vehicles;
2. 'motor vehicle' means any vehicle equipped with a jet engine, working on the road to
own half and that is normally used to transport by road of persons or goods or
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traction on the road, vehicles used for the transport of persons or goods; This term does not
include agricultural tractors; 3
. "trailer" means any vehicle designed to be coupled to a motor vehicle; such term
includes semi-trailers;
4. for "semi-trailer" means any trailer designed to be coupled to a motor vehicle so
that part of it rests on, and that a substantial part of its weight and the weight of its load
is borne by said motor vehicle;
5. in "combination of vehicles" means coupled vehicles which travel on the road as a unit;
6. for "permissible maximum weight" means the maximum weight of the laden vehicle declared permissible
competent authority of the State in which the vehicle is registered;
7. for "road" transport, any journey made on roads open to the public, at no load or
load of a vehicle used for carrying passengers or goods;
8. "international road transport" means road transport which involves the crossing
at least one border;
9. "regular services' means services which provide for the carriage of passengers at the base to a
frequency and at a certain ratio, as such services may take up or persons
at predetermined stopping fixed. An operating rules or documents substitutes
, approved by the competent authorities of the Contracting Parties and published by the carrier
before their application, define the conditions of transport, in particular the frequency,
times, rates and the obligation to carry, to the extent that these conditions are not
specified in laws or regulation. Whomsoever organized transport,
are also considered to be regular services, services which provide for the transport of
certain categories of persons the exclusion of others, to the extent that such services
are carried out under the conditions specified in first paragraph of this definition. Services
in this category, in particular those providing for the carriage of passengers at the place of
work and by the latter to their home or the transportation of school children to the
educational institutions and by the latter to their domicile, are called below "special regular services
';
10. "driver" means any person, employed or not, who drives the vehicle even for a
short period, or who is carried in the vehicle to be available for driving if necessary;
11. for "crew member" or "crew member", the driver or one of
following persons, whether the driver or the person is hired or not:
a. the assistant guide, ie any person accompanying the driver in order to assist him in certain
maneuvers and habitually taking an effective part in the transport operations, though not
a driver in the sense of paragraph 10 of this Article;
B. a messenger, ie any person accompanying the driver of a vehicle that transports people and
who is usually in charge of the issue or checking of tickets or other documents that give
entitling passengers to travel on the vehicle;

12. "week" means the period between 00.00 on Monday and 24.00 on Sunday;
13. to "rest" means any uninterrupted period of at least one hour, during which the driver may
freely dispose of his time.
14. for any period between the beginning and the end of work, during which the mobile worker
is at work, at the disposal of the employer and exercising his
functions or activities, that is: || | a. the time devoted to all road transport activities. In particular, these operations
: driving, loading and unloading, assisting the rising or
passengers disembarking from the vehicle, cleaning and technical maintenance of the vehicle, any other
work intended to ensure the safety of the vehicle and its cargo and passengers or to
fulfill the legal or regulatory obligations directly linked to the specific transport
way, including monitoring of loading and unloading operations, the formalities administrative police
, customs, or otherwise;
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b. i periodi di tempo durante i quali il lavoratore mobile non può disporre liberamente del
proprio tempo e deve rimanere sul posto di lavoro, pronto a svolgere il suo lavoro normale,
occupato in compiti connessi all'attività di servizio, in especially the waiting periods for
loading and unloading, if none is to know in advance the probable duration, ie or
before departure or just before the actual start of the period, or
accordance the general conditions negotiated between the social partners;
C. They are excluded from the calculation of working time interruptions, breaks and times
availability referred to in point b);
D. in the case of self-employed drivers, the same definition shall apply to the time
between the beginning and the end of work, during which the self employed driver is at
workplace, available to the client and exercising his functions or activities, except
general administrative work that is not directly linked to the specific transport
course;
15. for:
a. periods other than, breaks and rest periods, during which the worker's mobile
, not required to remain at work, must be available for
answering any calls with which they are asked to begin or resume driving or
to carry out other work. In particular such periods of availability periods
during which the mobile worker is accompanying a vehicle being transported by a
ferry or a train and waiting periods at frontiers and those due to prohibitions | || circulation. These periods and their foreseeable duration shall be communicated to the worker's mobile
notice, that is to say either before departure or just before the actual
of the period, or under the general conditions negotiated between the social partners ;
B. for mobile workers driving in a team, the time spent sitting next to the driver or
on the couchette while the vehicle is moving;
16. by:
a. the place where is located the main establishment of the undertaking to which the worker's mobile
carries out duties, together with its various secondary establishments, regardless
by the fact that their location is equal to or less than the registered office or the factory main company
;
B. the vehicle which the person performing mobile road transport activities for the
discharge of their duties;
C. any other place where they have carried out activities related to carrying out transmission;
17. for any worker forming part of the traveling staff,
including apprentices, who is in the service of an undertaking which operates transport services for goods and
persons on behalf of third parties;
18. for: a person whose main occupation
consists in transporting road passengers and goods reward within the meaning of
Community legislation under cover of a Community license or other authorization professional
perform the aforementioned transport, which is entitled to work for himself and who
is not tied to an employer by an employment contract or other employment relationship of
hierarchical, that freedom to organize the activity in question, whose income depends
directly on the profits made and who has the freedom to, individually or through a
cooperation between self-employed drivers, to have relations with several customers. The
drivers who do not meet these requirements are subject to the same obligations and
benefit from the same rights provided for mobile workers by this Chapter .;
19. for any mobile worker or

Self-employed driver who performs such activities;
20. for a period of at least four consecutive hours between 00.00 hours and 7.00 hours;
21. for any work performed at night;
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22. for: unprocessed times that alternate with periods of actual and
work that arise between the beginning and the end of work, during which the worker can replenish
psychophysical energy consumed in the provision;
23. for: collective agreements between trade unions
comparatively workers most representative at national level.
24. for, the regulations of the European Union Council on
equipment in the road transport sector, notably Regulation 20
December 1985 n. 3821, as amended, published in Journal of the European Union the
December 31, 1985 with the number 370, which is intended to transpose.
25. for> the European Agreement concerning the Work of Crews of
vehicles engaged in international transport by road, concluded at Geneva on 1 July 1970,
approved by the Federal Assembly on 8 October 1992 ratified San Marino by decree Board
21 March 2007 n. 36, and including all subsequent amendments and annexes.
26. for: The Sammarinese Committee for Transport, set up pursuant to this
law and consists of:
a. a member appointed by the State Secretariat for Foreign Affairs, Political Affairs, the
Telecommunications;
B. a member appointed by the State Secretariat for Industry, Handicraft and
Commerce;
C. a member appointed by the Secretary of State for Health and Social Security, the
Security, the Family and Social Affairs; Equal Opportunity;
D. a member appointed by the State Secretariat for Labour, Cooperation and the Post Office;
E. a member appointed by the Secretary of State for Internal Affairs and the Civil
protection.
F. A member of the Secretariat of State with responsibility for Transport.


Art. 3
(Scope)

This Act applies to the territory of the Republic of San Marino to any
international road transport performed by any vehicle registered in the territory of each
Party that has acceded to the AETR.
However, this law does not apply to road of
goods international carriage by:
- vehicles for the carriage of goods and having a permissible maximum weight, including the weight of
trailers or semi-trailers, does not exceed 3.5 tons;
- Vehicles used for the carriage of passengers which, according to their type of construction and to their
equipment, are suitable for carrying more than nine persons, including the driver, and are
intended for that purpose;
- Vehicles used for the service of passengers on regular line, where the route does not
exceed 50 kilometers;
- Vehicles with a maximum authorized speed not exceeding 30 kilometers per hour;
- Vehicles for the service, or under the control of the Civil Police, Gendarmerie, Police Rocca
, civil defense, fire services and forces responsible for maintaining public order
;
- Vehicles involved in sewerage services, flood protection, water,
gas, electricity, road network, the refuse collection, telegraph and telephone services, the
expeditions postal articles, radio, television and the detection of transmitters or receivers of television
or radio;
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- vehicles used in emergencies or rescue operations; vehicles special
used for medical purposes; vehicles transporting circus and fairground
amusement;
- Tow trucks; vehicles undergoing road tests for technical development, repair
or maintenance purposes, and new or rebuilt vehicles not yet put into service;
- Vehicles used to transport non-commercial of goods for personal use;
- Vehicles used for milk collection from farms and the return to farms of
milk containers or milk-based products for animal feed;
- Vehicles for the universal service: is the supplier of a postal service, public or private
, that it provides a universal postal service or parts thereof within
an EU Member State .

Art. 4
(Application of certain provisions of the Agreement to road transport performed by vehicles
from States not Parties to the AETR)

The Republic of San Marino apply in its territory, in respect of transport international
road performed by any vehicle registered in the territory of a State not

Party to the agreement AETR, provisions not less strict than those of the next
Chapter II.
The Republic of San Marino, in the case of a vehicle registered in a State not party
AETR agreement, may demand, instead of the recording equipment in conformity with the
specifications referred to the AETR agreement and its annexes, if only record sheets daily
filled in manually by the driver.



CHAPTER II

DISCIPLINE OF PERIODS OF DRIVING, BREAKS AND REST PERIODS FOR DRIVERS WHO
MAKING THE PERSONS AND GOODS BY ROAD.


Art. 5
(driving periods)

The weekly driving time: average weekly working time may not exceed
forty-eight hours. The maximum weekly working time may be extended to sixty hours
if, over four months, an average of working hours does not exceed the limit of forty-eight
hours per week. They are subject to the provisions laid down by the national collective labor agreements
stipulated by the trade unions most representative in the presence of technical reasons
, as well as requirements relating to the organization of work that objectively
involve a different regime organization of working and that, while respecting the general principles of
protection of the safety and health of workers, determine a different maximum and average
organization of working.
The time period can be used as a benchmark for calculating the working week average
can not in any case be extended beyond six months.
The duration of work on behalf of several employers is the sum of
all hours worked. The employer must request in writing the mobile worker the
number of hours worked for another employer. The mobile worker shall provide such
information in writing.
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The driving period between any two daily rest periods or between a period of
daily rest and a weekly rest period, hereinafter called 'driving period daily
', shall not exceed 9 hours . It may be extended twice in any one week to 10 hours.
After more than six daily driving periods, a driver must take a weekly rest period
as stipulated in Article 7 paragraph 3.
The weekly rest period may be postponed to the end of the sixth day if the duration of maximum driving
over the six days does not exceed the maximum corresponding to six daily driving periods
.
In the case of international of different passenger transport on regular services, the terms "six" and
'sixth' in the second and third paragraphs shall be replaced by 'twelve' and 'twelfth'.
The driving period shall not exceed 90 hours in a period of two consecutive weeks
.


Art. 6
(Interruptions)

After a driving period of four and a half hours a driver shall observe
break of 45 minutes, unless he begins a rest period.
This break may be replaced by breaks of at least 15 minutes each,
over the driving period or immediately after this period, in order to ensure
compliance with paragraph 1.
During these breaks the driver may not carry out other work. Under this
article, the waiting time and time not devoted to driving spent in a moving vehicle,
a ferry or a train shall not be regarded as 'other work'.
The breaks observed under this Article may not be regarded as
daily rest.

Art. 7
(Rest periods)

In a period of 24 hours, the driver must have a daily rest period of at least
11 consecutive hours, which may be reduced to a minimum of 9 consecutive hours not more than three
times in a week, provided that compensation is granted an equivalent period of rest
before the end of the following week. The days when the rest is not reduced in accordance with
first paragraph, it may be taken in two or three separate periods during the 24 hours, one of
which must be at least 8 consecutive hours. In this case, the minimum rest period is extended to
12 hours.
In each period of 30 hours during which aboard a vehicle has at least two
drivers, each driver shall have a minimum daily rest period of at least 8 consecutive hours
.
In the course of each week, one of the rest periods referred to in paragraph 1 shall be extended, by way of
weekly rest, to a total of 45 consecutive hours. This rest period may be reduced to

A minimum of 36 consecutive hours if taken at the place where the vehicle or in the
driver's base or a minimum of 24 consecutive hours if taken outside those places. Each
reduction is compensated by an equivalent rest taken en bloc before the end of the third
week following the week in question.
A weekly rest period which begins in one week and continues into the following week
can be connected to either of these weeks.
In the case of passenger transport, the weekly rest period may be postponed until
week following that for which the rest is due and the weekly rest
that second week.
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Any rest taken as compensation for the reduction of the daily and / or weekly
rest must be attached to another rest period of at least 8 hours and must be
granted, at the request , in place of the vehicle park and the headquarters of
driver.
The daily rest period may be taken in a vehicle as long as it is fitted with a bunk
and is stationary.
Notwithstanding paragraph 1, where in the transport of goods or passengers a driver
accompanies a vehicle which is transported by ferry or train, the daily rest
can be interrupted, one once, provided the following conditions:
a) part spent on land daily rest period must be taken before or after the portion of the daily rest
period taken on board the ferryboat or the train;
B) the period between any two daily rest period must be as short as possible
and can not in any case exceed one hour before embarkation or after disembarkation, formalities customs
are included in the embarkation or disembarkation operations;
C) during both portions of the rest period the driver must be provided with a bed or a
bunk.
The thus interrupted daily rest period is increased by two hours.

Art. 8
(Night work)

If night work is performed, the daily working time should not exceed ten
hours for each period of twenty-four hours.
Night work is compensated based on the provisions of the collective
employment contract provided that the chosen compensation method is such as to endanger road safety
.


Art. 9
(Exemptions)

As long as not to endanger road safety and to be able
reach a suitable stopping place, the driver may depart from the provisions
to the extent necessary to ensure the safety of persons, the vehicle or its cargo. The
driver shall indicate the unit recording sheet control or registry service
the nature of and reason for his departure from those provisions.


TITLE II

OF INSPECTIONS AND AUTHORITIES

CHAPTER III

INTRODUCTION AND GENERAL PROVISIONS

Art. 10
(Scope)

The Title II of this law regulates the checks on drivers, businesses and vehicles
all transport categories falling within the scope of the present law, and
associated control unit in the road transport sector.
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Art. 11
(fact-finding powers)

For the control bodies of the Civil Police, the Gendarmerie, the
Republic of San Marino Fortress Guard is responsible for ensuring the compliance of
recording equipment, record sheets and tachograph cards to their respective approved models,
besides the control functions set forth in articles.

Art. 12
(Checks made by the company)

The undertaking shall so organize road transport operations so that crew members
are able to observe the provisions of this Act.
It must regularly check driving time and other work, and the hours of
rest, using all the documents at its disposal, such as the individual control
booklets. Where it finds violations of this Act, it must be ended immediately and adopt
measures to avoid its repetition, for example by changing hours of work and routes.
Payments to wage-earning drivers also by awarding prizes or
wage supplements, related to distances traveled and / or the amount of goods carried
unless these payments are not such as to jeopardize the safety of road traffic
.


CHAPTER IV

AUTHORITIES

Art. 13
(Authority and Committee)


The national authorities of San Marino is the Secretariat of State for Industry, Handicraft and
Commerce. That authority may avail of the Committee for the conduct of
activities under this law in application of the AETR Agreement and to
its inherent regulatory requirements.
The authority will appoint a representative who will act as president of the
Committee. The Committee will have the Coordination Office function and therefore must:
a. ensure coordination with equivalent bodies in the other States in taking action
pursuant to the following items;
B. define the objectives of the national control.
The control activities on road and control activities at the premises of companies are
planned and coordinated by the Committee in that regard will to enact the appropriate circular application
. Are in each case subject to the specific powers and authorities provided by
current regulations, concerning roadside checks and at the premises of enterprises,
areas of application other than those of this Law.

Art. 14
(Control Systems)

The controls, both on the road and at premises of undertakings of all transport categories referred
Article 3 are carried out each year, at least 3 percent of all days of
work drivers of vehicles falling within the scope of this Act. Since
8
2012, the minimum percentage of checks may be increased by decision of the
Committee.
As part of the total number of checks referred to in paragraph 1, at least 30 percent of the
total number of working days checked shall be checked at the roadside and at least 50 percent on company premises
.

Art. 15
(Determination of the number of controls)

The identification of vehicles subject to the application of this Act, it shall be made at
December 31 of each year, on the basis of the vehicles registered registration data at
Office Vehicles Registry of San Marino and also in accordance with the policy laid
Article 3 of title I of this Act.
In relation to the data referred to in this Article, the Committee as of
Coordination Office determines the minimum number of checks to ensure pursuant to this Chapter.

Art. 16
(Communication of data relating to controls)

The Committee by March 31 of each year prepare the information needed to carry out
function Coordination Office, following the form of the same provided for that purpose.

CHAPTER V

ROADSIDE CHECKS

Art. 17
(Roadside checks)

Roadside checks shall be organized in various places and time and shall cover a portion large enough
of the road network, so difficult to avoid places
control and related transactions are conducted in a way that They are verified at least the subjects
listed later.
Except as provided in Article 18 roadside checks are carried out without
discrimination. In particular, no discrimination can be made in relation to the country of
vehicle registration, country of residence of the driver, to the country of establishment of the undertaking
, to the point of departure and destination of the trip, type of tachograph.
The checks are carried out following a random rotation system, with an appropriate
geographical balance. Control posts are made on the roads, at gas stations or
parking areas; when necessary to protect the safety of people or the safety of
circulation, vehicles to be checked can be directed to safe places located in their
nearby.
During the road control operations are also recorded related information
the type of road, namely whether it is a motorway, a national or a secondary road, the country in which it was
registration of the subject vehicle to control and type of tachograph whether analog or digital.
Undertakings responsible for drivers shall keep, for a year the reports issued to them by
control bodies, the protocols of results and other relevant data of the inspections conducted.
In order to facilitate the control operations referred to in this article, you set a
a model checklist to be adopted by the Committee, within a period of sixty days
from the date of entry into force of this Act.


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Art. 18
(for roadside enforcement mode)

In the roadside checks is necessary to verify, at least the following points:

1) the periods of daily and weekly driving times, breaks and rest periods daily and weekly
; the record sheets of the preceding days, which must be on
board the vehicle and / or the data stored for the same period on the driver card and / or
in the memory of control and / or on printouts;
2) possible overruns of the authorized speed of the vehicle, defined as any period of
lasting more than one minute during which the vehicle speed exceeds 90 km times for
category N3 vehicles or 105 km h for category M3 vehicles;
3) where appropriate, momentary speeds attained by the vehicle as recorded by the recording
during, the last twenty-four hours of use of the vehicle;
4) the correct functioning of the recording, verification of possible misuse of
and / or the driver card and / or record sheets-or if not
both the equipment installed a subsidiary document control.

Art. 19
(Documentation to be exhibited at the controls)

The driver drives a vehicle fitted with recording equipment, must be
able to present, on request inspecting officer:
i) the driver card of which he owns, || | ii) any manual record and printout made during the current day and in 28 days
antecedents,
iii) the record sheets corresponding to the same period in the preceding subparagraph where
referred to in that period he drove a vehicle fitted with recording equipment in accordance
Annex of the Regulation.
An authorized inspecting officer may check compliance of these provisions through
the analysis of the record sheets, of the displayed or printed data which have been recorded
by the recording equipment or by the driver card or, failing this, by
the analysis of any other supporting document that justifies non-compliance of a
of provisions such as those in the next article.

Art. 20
(failure or malfunction of the tachograph)

In case of failure or faulty operation, the employer must do
repaired by an approved fitter or workshop, as soon as circumstances permit.
If the return to the seat can be made only after a period of more than a week
from the day of the breakdown or of the discovery of defective operation, the repair
must be carried out en route.
During the period of the failure or malfunctioning of the recording equipment, the driver
contains all information for the periods of time, to the extent that they are no longer
properly registered to or from the printed control, on the sheet or recording
sheets, or on a temporary sheet to be attached to the record sheet or to the paper
driver of time which are the elements that help to identify it (name and number | || driving license or name and number of the driver card), including the signing.
In case of loss, theft, damage or malfunction of the card of
the driver, the driver shall, at the end of his journey, the information relating to periods of time
recorded by the recording, reports on that document the details that
10
enable you to identify (name and number of the driving license or name and number of the driver
card), including his signature.
In case of deterioration or malfunction of the driver card these the
returns competent authority of the State Party AETR in which he has his residence. The
Theft of the driver card must be reported in a formal declaration
with the competent authorities of the State where the theft occurred.
Loss of the driver card shall be the subject of a bona
formal declaration to the competent authorities of the State that issued it and to those
of the acceding State AETR in which the driver is resident, where they are different.
The driver may continue to drive without a driver card for a maximum of fifteen
calendar days or for a longer period if this is necessary for the vehicle
to its premises, to provided he can prove the impossibility of producing or using the
card during this period.
If the state authorities adhering AETR in which the driver has his residence are
different from those which issued his card and where the latter are requested to proceed to

Renew, replace or exchange the driver card, they shall inform the authorities that
issued the old card of the precise reasons for its renewal, replacement or
exchange it.


CHAPTER VI
OF CHECKS AT THE PREMISES OF THE COMPANIES

Art. 21
(Checks at the premises of undertakings)

The company premises inspections shall be made so they can be reviewed at least the subjects
listed in the following article.
In the course of the control operations at the premises are also detected
information about the type of transport activity, namely whether the activity at national or international level
, passengers or goods, on behalf own or for third account, the size of the park
vehicles enterprise and type of tachograph whether analog or digital.
Undertakings responsible for drivers shall keep, for a year the reports issued to them by
control bodies, the protocols of results and other relevant data of the inspections conducted.
In order to facilitate the control operations referred to in paragraph 3, has established a
model checklist, to be adopted by the Committee, which shall be sent all the information
regarding assessment reports above.
Checks at premises of further businesses are made, when they were detected at the roadside
serious infringements referred to in previous articles of Chapter V.
The Office of Coordination on the basis of information received from organs control and
taking account of any information provided by the liaison bodies designated
other States, draws up the list of San Marino companies to control.
The Coordination Office also draw up a list of undertakings established in other countries
who have committed serious offenses under this Act on the territory of San Marino and gives
notice to their competent authorities

Art. 22
(mode of the premises of undertakings)

In the premises of undertakings must check the following points, in addition to the provisions
in the previous Chapter V:
1) weekly rest periods and driving periods between these rest periods;
11
2) observance of the two-weekly limitation of driving hours;
3) record sheets, data and printouts vehicle unit and the driver card.
In the case of established infringement during the transport chain, the competent authorities
may, if appropriate, check on the joint liability of other persons who instigated or otherwise
contributed to commit that offense, to as shippers, freight forwarders or
subcontractors, including verification that contracts for the provision of transport services are
comply with the provisions of the present law.

Art. 23
(Concerted checks)

The Coordination Office, on the basis of special agreements with the competent authorities of
other countries, organizes at least six times per year, undertake concerted operations to check at the roadside
drivers and vehicles under this Act .

Art. 24
(of the drivers absences Control Module)

The absence through sickness, annual leave or driving another vehicle exempted from
scope of the present law by the driver during the period indicated above
Article 19 must be documented through the form electronically and print
issued by the Committee and must be completed in its entirety.
The form referred to in paragraph 1 shall be kept by the transport undertaking for one year from
expiry of the period covered.
For the time period indicated in Article 19, the driver of a vehicle to which
apply the provisions of this Act must have with them the form referred to in paragraph 1 that
must be presented at the request of the control bodies.
Unless the act constitutes a criminal offense and subject to the application of the necessary sanctions on
driver who does not have with him or that takes the form referred to
paragraph 1 is subject to the sanction incomplete or altered Administration of the payment of a sum of Euro 143,00 to
Euro 570,00.
The sanction is subject to the company that does not keep the form for the time period
indicated in paragraph 2.

CHAPTER VII
COOPERATION BETWEEN MEMBER

Art. 25
(Exchange of Information)

The police communicate twice a year, before September, and by
March Coordination Office, the semi-annual data relating to offenses referred to in

This Act committed by non-resident carriers and any penalties imposed for such breaches.
Based on these data, the Coordinating Office, every six months, shall
disclose the information due to the competent authorities of other countries.
The Coordination Office, following a specific request from the competent
authority of an EU Member State, communicate the information referred to in paragraph 2, even in
individual cases.
The Police authorities shall also notify the Office of Coordination of data on
offenses under this Act committed by resident transport operators and penalties imposed for such
infringements.

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Art. 26
(Best Practices)

The Office of Coordination, elaborates every two years, a training program, intended
the operators responsible for inspection, taking account of guidelines published in the report of the Commission biennial
on best practice in the field of 'European Union.
The Coordination Office shall, at least once a year, educational exchanges and exchanges
staff with the liaison bodies of other countries.
The Coordination Office also promotes, also through agreements and agreements with
public and private bodies, periodic training of controllers, generally on the basis of control
and, in particular, on the correct application of the provisions of the present law.
The Coordination Office may determine that the Police Bodies in monitoring
referred to in this Title, can avail themselves of technical staff expert in the field and suitably qualified
.


TITLE III
MODE FOR RELEASE TACHOGRAPH CARDS AND THE UPDATING OF
LOG

CHAPTER VIII
General provisions and definitions

Art. 27
(Definitions)

For the purposes of this title, shall apply:
a) 'release' means the delivery of a tachograph card;
B) "Secretary of State": the State Secretariat for Industry, Crafts and Commerce;
C) 'the Chamber of Commerce': the Chamber of Commerce, Industry, Crafts and Agriculture of
Republic of San Marino;
D) 'operator of the information system ": the company, also with registered offices in other states, which
will be appointed by resolution of the Congress of State;
E) 'information system' means the electronic and computer system of the Chamber of Commerce;
F) "tachograph card" and only "paper": the driver card, the workshop card, the card
company and the control chart whose approval certificates can be issued by || | authorities of other States as provided for under legislation;
G) "administrative data": the data required for the issue of tachograph cards and can be
subject to change, pursuant to the Community regulations.

Art. 28
(Purpose)

The tachograph cards covered by this law are divided into four different
types: driver card, a workshop card, the company card and control card.

Art. 29
(Organisational principles, issuance and release of tachograph cards)

The Chamber of Commerce, using their own information system, or possibly
to person qualified and recognized as such by other States prepares electronic instruments
and data required for the issuing of tachograph cards and their issuance according to standard
13 established safety
. Similarly acquires the data and information required by Article 12 of the
Regulation.
The cards will be issued, with a homogenous manner throughout the national territory, at a cost
which will accordingly be determined by the Chamber of Commerce.
The tachograph cards shall be issued by the Chamber of Commerce of San Marino within thirty
working days from receipt to comply with the models approved by the Committee.
The tachograph cards are recorded in accordance with the technical standards specified in
this law.
The Chamber of Commerce provides the interoperability of the tachograph card system
allowed in the rules and provides the electronic and telematic support for performing
operations related to the issue, replacement and tachograph card blocking .
On expiry of the validity period the card holder is obliged to his return.
The paper must also be returned in all cases where the holder does not need more paper
for the exercise of its activity or has lost the requirements to issue the card.
In case of cessation of communication, which must be received at the Chamber of Commerce

Through the purpose competent public offices, the office with which the
question of termination shall have been presented, through the information system of which will, to suspend
the validity of the card and require the holder thereof the refund where these will have no
already done.

Art. 30
(Driver card)

The driver card is required for the driving of vehicles established by this law.
The applicant must meet the following requirements:
a) ownership of a valid driver's license, and appropriate category to the medium to be conducted;
B) not be holding another tachograph card;
C) residence in the Republic of San Marino.
The card must be printed the following data:
- the full name of the applicant;
- The date of birth;
- The photograph and signature of the applicant;
- The ISS code of the applicant;
- The expiry date of the card is released;
- The Authority indicates issue;
- The number of the driving license;
- The number of tachograph card;
- The residential address of the applicant.
Upon receipt of the request for the first issuance, amendment or renewal of the card, the Chamber of Commerce
assessing the validity of the driving license of the applicant and verifies that the
category of license is the appropriate level for driving vehicles interested in installing the
digital tachograph.
The driver card has a five-year validity period.

Art. 31
(company card)

The applicant is the owner or the legal representative, or the person delegated by him, a
transport company that owns at least one vehicle fitted with the recording equipment.
The card must be printed the following data:
- company name;
- Address;
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- full name of the legal representative / holder;
- The number of the economic operator code;
- The effective date and the date of expiry of the card;
- The authority that issued it;
- The card number;
- The signature of the legal representative / holder.
The company's card has a five-year validity period.

Art. 32
(check card)

The control card is required at the Chamber of Commerce, exclusively, by the authorities
deputed to technical and administrative nature relating to security checks at work, and the
road transport, ie, used or authorized in traffic police services, pursuant to the
placed under legislation.
The paper reports in the press the following:
- the identification name of the Inspection;
- Name and surname of the person conducting the inspection;
- The date of validity of the card;
- The expiration date;
- The name of the issuing institution;
- The ISS code of the person conducting the inspection;
- The card number;
- The photograph and signature of the person conducting the inspection on behalf of its Comptroller.
The control card has a five-year validity period.

Art. 33
(Card Renewal tachograph)

The request for renewal of a card must be presented at the Chamber of Commerce that the
has issued or in which the applicant has his residence within a period of thirty working days
prior to the expiration date. The new card is issued within the period of validity of that in
deadline.
The expiring card must be returned upon collection of the renewed card.

Art. 34
(Edit and replace the tachograph card)

When asked to change a tachograph card issued by another country and carried
by a person who states in San Marino its place of residence, the procedure
established for the first issue.
The request to change the card valid concerns variations of administrative
data recorded at the time of issuance of the card.
If damaged, malfunctions or is lost or stolen card, the
owner within seven days as from the event, must request the blocking and / or
replacement at the Chamber of Commerce .
In order to prevent forgery or misuse of the tachograph cards,
in accordance with the Regulation, the theft or loss of the card must be the subject
a complaint to the police authorities of the State where the event occurred.
The issue of a new card is subject to the exception of theft and loss, the requirement
to return the subject of modification or replacement card. The card issued to replace
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A declared earlier stolen, lost or malfunctioning, have maturity date equal to that in
be for the intended card.
The Chamber of Commerce, in the cases provided for in paragraphs 1, 2 and 3, provides for the new card
release within thirty working days after the time at which it received the request.

Art. 35
(Special provisions for the driver card)

The driver, if required under Article 34, paragraph 3, may continue to drive without a
card for a maximum of thirty days, or a longer period if this is necessary for
return the vehicle at the company headquarters, provided he can prove the impossibility of
producing or using the card during this period.
If the new issue of the license, and a change of the identification number
thereof, the cardholder must send the request for modification of the card.

Art. 36
(Confiscation or withdrawal of a tachograph card)

The confiscation or removal of a card from the supervisory authorities shall be communicated to
Chamber of Commerce, which issued the card which shall indicate the name
"confiscated" or "withdrawn" in a special list. If the card has been issued in another country,
the Chamber of Commerce, shall also notify electronically the decision to the competent authority
in the country that issued the card.


Art. 37
(Carte non-operating)

The Chamber of Commerce, making use of the information system, preserved in the
information system relating to lost cards, stolen, malfunctioning, confiscated, blocked, suspended or withdrawn
. The declared card lost or stolen is invalidated and included in a list with the appropriate
causal.


Art. 38
(keys and certificates)

The manager of the information system of the Chamber of Commerce, as of
Certificate Authority on its behalf, receives from the Secretariat of State for Industry certificates, and
keys necessary for the performance of ' certification activities of tachograph cards and
vehicle units in accordance with the standards required by the Regulation.


Art. 39
(Charges and Expenses)

The charges and expenses related to the issuance of driver cards, and the enterprise shall be borne
of the applicant, by application, by the Chamber of Commerce, the administrative fees.
For expenditure relating to the issue of control charts you will stipulate special
agreements with the supervisory bodies for the issuing of cards at an agreed price.


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Art. 40
(Privacy)

The processing of personal data pursuant to this Law shall be carried out in
respect of the relevant provisions on the subject and, in particular, the provisions contained in
Read May 23, 1995 n. 70 and 71.



TITLE IV
PRESERVATION AND TRANSFER DATA FROM TACHOGRAPH
DIGITAL

Art. 41
(Obligation to transfer and retention of the device by
transport companies control data)

The transport companies are required to keep tachograph records for 12 months in order to
allow the inspection staff to carry out related checks. The data transfer
operation from digital tachographs and driver cards must be carried out by transport companies to
order to allow the inspection staff to carry out related checks. Holders of transport
companies are responsible, even for vehicles that have taken even leasing,
transfer and storage in data security, on an external data carrier that
guarantee the ' inalterability and conservation in time, taking care of arranging at least
further copy of rescue.
The data should be stored in a safe place, accessible only to authorized persons and
must be made available, at the company seat, the control authority.
The transferred data must be provided with an electronic signature. In particular, the daily data
returned by the device digital control must be transferred no later than three months;
Those for driver cards should be transferred no later than three weeks.
These operations must also be performed in the following cases:
1) from the digital tachograph immediately prior to the sale of such other company vehicle,
case of unit replacement is not working properly, or at the request || | authority control;

2) Driver card immediately before the driver leaves the transport company,
before the card expiration, or upon the request of the supervisory authority.
The transport company must maintain, for the period provided by law, all
records relating to such data.

Art. 42
(Obligations of the employer and drivers)

The employer is obliged to inform the employee of the existing rules on working hours
well as collective agreements and all conditions applicable to the
employment.
The employer has an obligation to check that the employee complies with the periods of driving and
rest as required by the Community provisions in force, to educate the driver about
the functioning of the recording and supervising the correct use of the same.
Drivers are required to comply with the driving and rest times laid down in this
law and the proper use of the recording equipment and the driver card if the vehicle
is equipped with a digital tachograph.

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TITLE V
TRANSITIONAL PROVISIONS, AND REFERRAL

CHAPTER IX
RIGHT AND TRANSITION

Art. 43
(Financial provision)

The implementation of this law shall not derive new or increased burdens on the
state budget or reduced revenue. The offices concerned make use of human resources, equipment and financial
available on the basis of existing legislation.

Art. 44
(Postponement)

As for all activities related to technical centers and the release of the workshop
paper cited by the provisions that have implemented the AETR agreement and in particular
to the EEC Regulation n. 3821 of 1985 of the Council of 20 December 1985 San Marino the
Republic recalls as is provided by these regulations, as amended.
The Republic of San Marino may make use of technical centers authorized by other countries
accordance with the provisions of the above as well as in the official list conformity provided
by the Office of Coordination.
The legislature San Marino will govern, in the manner that purpose suitable deem,
all the above, with regard to the technical centers of San Marino.
As regards the activities of the information referred to in this law exchange with other
countries, please refer to the appropriate administrative protocols to be defined from time to time
with individual countries.

Art.45
(Final Provisions)

Changes and / or additions to this Law may be carried out with
delegated decree.

Art. 46
(Entry into force of the law)

This Law shall enter into force on the fifteenth day following that of its legal
publication.


Our Residence, this day of June 7 2010/1709 dFR

THE CAPTAINS REGENT
Marco Conti - Glauco Sansovini


THE SECRETARY OF STATE
FOR INTERNAL AFFAIRS
Valeria Ciavatta
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