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RS 0.822.725.22 European Agreement of 1er July 1970 on the work of crews of vehicles engaged in international road transport (AETR) (with annex)

Original Language Title: RS 0.822.725.22 Accord européen du 1er juillet 1970 relatif au travail des équipages des véhicules effectuant des transports internationaux par route (AETR) (avec annexe)

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0.822.725.22

Original text

European Agreement on the Work of Crews of Vehicles engaged in International Road Transport

(AETR)

Geneva on 1 Er July 1970

Approved by the Federal Assembly on October 8, 1999 1

Instrument of ratification deposited by Switzerland on 7 April 2000

Entered into force for Switzerland on 4 October 2000

(State on 7 October 2014)

The Contracting Parties,

Wishing to promote the development and improvement of international passenger and freight transport,

Convinced of the need to increase the safety of road traffic, to regulate certain conditions of employment in international road transport in accordance with the principles of the International Labour Organisation and to stop In concert with certain measures to ensure compliance with such regulations,

Agreed to the following:

Art. 1 Definitions

For the purposes of this Agreement:

(a)
"Vehicle" means any motor vehicle or trailer; this term includes any combination of vehicles;
(b)
"Motor vehicle" means any vehicle provided with a propulsion engine, travelling on road by its own means and which is normally used in road transport of persons or goods or on the road haulage of vehicles used for transport Persons or goods; this term does not include agricultural tractors;
(c)
By "trailer" means any vehicle intended to be coupled to an automobile; this term includes semi-tugs;
(d)
"Semi-trailer" means any trailer intended to be coupled to an automobile in such a way that it rests in part on the motor vehicle and that a substantial part of its weight and the weight of its load is borne by that automobile;
(e)
"Vehicle set" means coupled vehicles which take part in road traffic as a unit;
(f) 1
"Maximum permissible mass" means the maximum mass of the laden vehicle declared admissible by the competent authority of the State in which the vehicle is registered;
(g) 2
By "road transport" means any movement carried out, in whole or in part and in a vacuum or in charge on the road network open to the public, by a vehicle used for the transport of passengers or goods;
(h)
"International road transport" means any road transport which involves crossing at least one border;
(i)
By "regular services" means the services which provide for the transport of persons carried out according to a frequency and on specified routes, these services which can take and place persons at predetermined stops. An operating regulation or documents, taking place, approved by the competent authorities of the Contracting Parties and published by the carrier before application, shall define the conditions of carriage, in particular the Frequency, schedules, tariffs and the obligation to transport, to the extent that these conditions are not specified by a legal or regulatory text. Regardless of the organiser of the transport, they shall also be considered as regular services those who transport specified categories of persons to the exclusion of other passengers, to the extent that such services are carried out in accordance with Conditions specified in para. 1 of this definition. The services of this category, in particular those providing for the transport of workers to the place of work and the transport of workers to their homes or the transport of schoolchildren to educational establishments and to their homes, shall be referred to as the Hereinafter "special regular services";
(j) 3
"Driver" means any person, whether employed or not, who drives the vehicle, even for a short period of time, or who is on board the vehicle in the course of his or her duties in order to be able to drive the vehicle;
(k)
By "crew member" or "crew member", the driver or one of the following persons, whether or not the driver or persons are employed:
(i)
The conveyor, that is, any person accompanying the driver in order to assist the driver in certain manoeuvres and normally takes an effective part in the transport operations, without being a driver within the meaning of s. (j) of this article;
(ii)
A recipient, that is, any person who accompanies the driver of a vehicle carrying persons and who is in particular responsible for issuing or controlling tickets or other documents giving passengers the right to travel in the Vehicle;
(l)
By "week", the period from 0 hours on Monday to 24 hours on Sunday;
(m) 4
"Rest" means any uninterrupted period during which the driver may freely dispose of his or her time;
(n) 5
"Interruption" means any period during which a driver does not have the right to drive or perform other tasks, and which must only allow him to rest;
(o) 6
"Daily rest period" means the part of a day during which a driver may freely dispose of his or her time and which may be a "normal daily rest period" or a "reduced daily rest period":
-
"Normal daily rest period" means any rest period of at least 11 hours. This normal daily rest period may also be taken in two instalments, the first of which shall be an uninterrupted period of at least three hours and the second shall be an uninterrupted period of at least nine hours;
-
"Reduced daily rest time" means any rest period of at least nine hours, but less than 11 hours;
(p) 7
By "weekly rest period", a weekly period during which a driver may freely dispose of his time, and which may be a "normal weekly rest period" or a "reduced weekly rest period":
-
"Normal weekly rest period" means any rest period of at least forty-five hours;
-
"Reduced weekly rest period" means any rest period of less than forty-five hours, which may be reduced to a minimum of twenty-four consecutive hours, subject to the conditions set out in subs. 6 of the art. 8 of the Agreement;
(q) 8
"Other duties" means any activity, other than conduct, including any activity performed for the same or another employer, in or outside the transportation sector. Wait time and time not spent driving past driving, a ferry or a train is not considered to be a "other task";
(r) 9
"Driving time" means the duration of driving recorded automatically or semi-automatically or manually under the conditions laid down in this Agreement;
(s) 10
"Daily driving time" means the total driving time accumulated between the end of a daily rest period and the beginning of the following daily rest period or between a daily rest period and a weekly rest period;
(t) 11
"Weekly driving time" means the total driving time accumulated over a week;
(u) 12
"Driving time" means a cumulative driving time between the moment when the driver is driving after a rest period or a break and when he is observing a rest period or a break. Driving time may be continuous or fragmented;
(v) 13
"Crew conduct" means the situation in which, during a period of driving between two consecutive daily rest periods, or between a daily rest period and a weekly rest period, there are at least two drivers to be The vehicle to ensure succession. During the first hour of crew driving, the presence of another or other drivers is optional, but is compulsory for the remainder of the period to be run;
(w) 14 "Transport undertaking" means any natural or legal person, association or group of persons without legal personality, whether for profit or not, or any public body with legal personality or dependent on an authority Having legal personality which carries out transport by road, on behalf of others or on its own account;

1 New content according to the modification of the 20 seven. 2010, in force for Switzerland since 20 September. 2010 ( RO 2010 5727 ).
2 New content according to the modification of the 20 seven. 2010, in force for Switzerland since 20 September. 2010 ( RO 2010 5727 ).
3 New content according to the modification of the 20 seven. 2010, in force for Switzerland since 20 September. 2010 ( RO 2010 5727 ).
4 New content according to the modification of the 20 seven. 2010, in force for Switzerland since 20 September. 2010 ( RO 2010 5727 ).
5 Introduced by the modification of the 20 seven. 2010, in force for Switzerland since 20 September. 2010 ( RO 2010 5727 ).
6 Introduced by the modification of the 20 seven. 2010, in force for Switzerland since 20 September. 2010 ( RO 2010 5727 ).
7 Introduced by the modification of the 20 seven. 2010, in force for Switzerland since 20 September. 2010 ( RO 2010 5727 ).
8 Introduced by the modification of the 20 seven. 2010, in force for Switzerland since 20 September. 2010 ( RO 2010 5727 ).
9 Introduced by the modification of the 20 seven. 2010, in force for Switzerland since 20 September. 2010 ( RO 2010 5727 ).
10 Introduced by the modification of the 20 seven. 2010, in force for Switzerland since 20 September. 2010 ( RO 2010 5727 ).
11 Introduced by the modification of the 20 seven. 2010, in force for Switzerland since 20 September. 2010 ( RO 2010 5727 ).
12 Introduced by the modification of the 20 seven. 2010, in force for Switzerland since 20 September. 2010 ( RO 2010 5727 ).
13 Introduced by the modification of the 20 seven. 2010, in force for Switzerland since 20 September. 2010 ( RO 2010 5727 ).
14 Introduced by the modification of the 20 seven. 2010, in force for Switzerland since 20 September. 2010 ( RO 2010 5727 ).

Art. 2 1 Scope of application

This Agreement shall apply in the territory of each Contracting Party to any international carriage by road carried out by any vehicle registered in the territory of that Contracting Party or in the territory of any other Party Contracting Party.

2. However, unless otherwise agreed between the Contracting Parties whose territory is borrowed, this Agreement shall not apply to international carriage by road carried out by:

(a)
Vehicles used for the transport of goods if the maximum authorised mass of the vehicle, including trailer or semi-trailer vehicles, does not exceed 3.5 tonnes;
(b)
Vehicles for the carriage of passengers which, according to their type of construction and equipment, are capable of carrying a maximum of nine persons, including the driver, and are intended for that purpose;
(c)
Vehicles used for the carriage of passengers by regular services whose route of the line does not exceed 50 km;
(d)
Vehicles with a maximum authorized speed not exceeding 40 km per hour;
(e)
Vehicles belonging to the services of the army, the civil protection, the firemen and the forces responsible for the maintenance of public order, or leased without drivers by them, where the transport falls within the proper function entrusted to these services and Is carried out under their conduct;
(f)
Vehicles used in emergency or rescue missions, including the transportation of humanitarian aid for non-commercial purposes;
(g)
Specialized vehicles assigned to medical tasks;
(h)
Specialized troubleshooting vehicles operating within 100 km of their point of attack;
(i)
Vehicles undergoing road tests for technical improvement, repair or maintenance, and new or processed vehicles not yet put into circulation;
(j)
Vehicles with a maximum authorised mass not exceeding 7.5 tonnes, used for non-commercial transport of goods;
(k)
Commercial vehicles which are of a historic character in accordance with the law of the Contracting Party in which they are conducted and which are used for the transport of passengers or goods for non-commercial purposes.

1 New content according to the modification of the 20 seven. 2010, in force for Switzerland since 20 September. 2010 ( RO 2010 5727 ).

Art. 3 Application of certain provisions of the Agreement to road transport carried out by vehicles originating in States not Contracting Parties

(1) Each Contracting Party shall apply on its territory to international carriage by road carried out by any vehicle registered in the territory of a State not Contracting Party to this Agreement at least as demanding Those that are provided for in s. 5 to 10 of this Agreement.

2. 1 (a)
However, any Contracting Party may, in the case of a vehicle registered in a State which is not a Contracting Party to this Agreement, require, instead of the control apparatus conforming to the specifications of the Annex to this Agreement, that Daily record sheets completed by hand by each crew member for the period of time from entry into the territory of the first Contracting Party.
(b)
To this end, each crew member shall record, on his registration sheet, the particulars relating to his periods of professional and rest activities, using the appropriate graphic symbols as defined in Art. 12 of the Annex to this Agreement.

1 New content according to the modification of the 20 seven. 2010, in force for Switzerland since 20 September. 2010 ( RO 2010 5727 ).

Art. 4 General Principles

Each Contracting Party may apply higher or lower minima than those provided for in Art. 5 to 8 inclusive. The provisions of this Agreement shall, however, remain applicable to drivers engaged in international transport operations on vehicles registered in another Contracting State or non-Contracting States.

Art. 5 Balancing

The minimum age of drivers for the carriage of goods shall be fixed:

(a)
For vehicles, including, where appropriate, trailers or semi-trailers, the maximum authorised weight of which is less than or equal to 7.5 tonnes at 18 years of age;
(b)
For other vehicles, to:
-
Twenty-one years of age or
-
18 years of age, provided that the person concerned has a certificate of professional competence attesting to the completion of a road haulage operator training recognised by one of the Contracting Parties. Contracting Parties shall be informed of the minimum level of national training required in their country and of other relevant conditions applicable to drivers of the carriage of goods in accordance with the provisions of this Agreement.

2. Drivers assigned to passenger transport shall be at least twenty-one years old.

Drivers assigned to the carriage of passengers on journeys exceeding a radius of 50 kilometres around the usual home point of the vehicle shall also meet one of the following conditions:

(a)
Have carried out at least one year the activity of drivers assigned to the carriage of goods of vehicles with a maximum authorised weight of more than 3.5 tonnes;
(b)
Have carried out at least one year the activity of the driver assigned to the passenger transport on journeys not exceeding a radius of 50 kilometres around the usual home point of the vehicle, or to other types of passenger transport not Subject to this Agreement in so far as the competent authority considers that they have in this way acquired the necessary experience;
(c)
Carry a certificate of professional competence attesting to the completion of a road passenger driver training recognised by one of the Contracting Parties.
Art. 6 1 Driving time

1. The daily driving time, as defined in Art. 1 (s) of this Agreement shall not exceed 9 hours. It can be extended up to ten hours, but not more than twice during the week .

2. The weekly driving time, within the meaning of s. 1 (t) of this Agreement shall not exceed 56 hours.

3. The total driving time accumulated in two consecutive weeks shall not exceed 90 hours.

4. Driving time shall include all driving times completed in the territory of the Contracting Parties or of non-Contracting Parties.

5. A driver registers, as another task, any time as defined in art. 1 (q), as well as any time spent driving a vehicle used for commercial operations not falling within the scope of this Agreement, and records any period of availability, as defined in par. 3 (c) of Art. 12 of the Annex to this Agreement. This record is entered either manually on a record sheet or printed output, or by using the manual input feature of the control device.


1 New content according to the modification of the 20 seven. 2010, in force for Switzerland since 20 September. 2010 ( RO 2010 5727 ).

Art. 7 Interrupts

1. 1 After a driving time of four and a half hours, a driver shall observe an uninterrupted break of at least 45 minutes, unless he takes a rest period.

2. 2 This trap , Within the meaning of s. 1 (n) of this Agreement may be replaced by an interruption of 15 minutes followed by an interruption of at least 30 minutes, each interspersed in the driving time or immediately thereafter, in order to comply with the provisions of par. 1.

3. 3 For the purposes of this Article, waiting time and time not spent on driving past in a vehicle running, a ferry or a train shall not be regarded as other work within the meaning of Art. 1 (q) of this Agreement, and may be described as "interruptions".

4. Interruptions observed under this Article shall not be considered as daily rest.


1 New content according to the modification of the 20 seven. 2010, in force for Switzerland since 20 September. 2010 ( RO 2010 5727 ).
2 New content according to the modification of the 20 seven. 2010, in force for Switzerland since 20 September. 2010 ( RO 2010 5727 ).
3 New content according to the modification of the 20 seven. 2010, in force for Switzerland since 20 September. 2010 ( RO 2010 5727 ).

Art. 8 1 Rest Time

1. The driver takes daily and weekly rest periods within the meaning of sub-paragraphs (o) and (p) of s. 1.

2. In each period of twenty-four hours after the end of the previous daily or weekly rest period, the driver shall have taken a new daily rest period.

If the part of the daily rest period which falls within that twenty-four hour period is at least nine hours, but less than 11 hours, the daily rest period in question shall be considered as a reduced daily rest period.

3. By way of derogation from s. 2, a driver who participates in the driving of a vehicle crew shall have taken a new daily rest period of at least nine hours within thirty hours after the end of a daily or weekly rest period.

A daily rest period may be extended to become a normal weekly rest period or a reduced weekly rest period.

5. A driver may not take more than three reduced daily rest periods between two weekly rest periods.

6. A)
In two consecutive weeks, a driver shall take at least:
(i)
Two normal weekly rest periods, or
(ii)
A normal weekly rest period and a weekly rest period reduced by at least 24 hours. However, the reduction shall be compensated by an equivalent rest period taken en bloc before the end of the third week following the week in question.

A weekly rest period shall begin at the latest at the end of six periods of twenty-four hours from the previous weekly rest period.

(b)
By way of derogation from s. 6 (a), a driver engaged in a single international passenger service, other than a regular service, may postpone his weekly rest period until the end of twelve periods of 24 hours after his period of Previous weekly rest, provided that:
(i)
The service shall last at least 24 consecutive hours in a Contracting Party or a third country, other than that in which the service had commenced, and
(ii)
The driver takes, after using the exemption:
A.
Two normal weekly rest periods,
B.
Either a normal weekly rest period and a reduced weekly rest period of at least 24 hours. The reduction shall, however, be compensated by an equivalent rest period taken en bloc before the end of the third week following the end of the derogation period,
And
(iii)
Four years after the implementation of the digital tachograph by the country of registration, the vehicle is equipped with a control device in accordance with Appendix 1B of the Annex to this Agreement, and
(iv)
After 1 Er January 2014, in the case of conduct carried out between 22:00 and 06:00, the vehicle is driven to the crew or the duration of conduct referred to in Art. 7 is reduced to three hours.
(c)
By way of derogation from s. 6 (a), each driver who participates in the flight crew shall take a weekly rest period of at least 45 hours. This rest period can be reduced to a minimum of 24 hours (reduced weekly rest period). However, each reduction shall be compensated by an equivalent rest period taken as a block no later than the third week following the week in which the reduction was made.
A weekly rest period shall begin at the latest at the end of six periods of 24 hours from the previous weekly rest period.

7. Any rest taken in compensation for the reduction of a weekly rest period shall be attached to another rest period of at least nine hours.

8. If a driver makes the choice, the daily rest periods and the reduced weekly rest periods, taken out of the point of attachment, may be taken on board the vehicle, provided that the vehicle is equipped, for each driver, of a Suitable sleeping equipment as provided for by the manufacturer when the vehicle is designed and at the end of the vehicle.

9. A weekly rest time on two weeks can be counted in either week, but not in both.


1 New content according to the modification of the 20 seven. 2010, in force for Switzerland since 20 September. 2010 ( RO 2010 5727 ).

Art. 8 Bis 1 Derogations from Art. 8

1. Notwithstanding s. 8, where a driver accompanies a vehicle which is carried by ferry-boat or by train and takes a normal daily rest period, this rest period may be interrupted not more than twice by other activities as long as the conditions To be completed:

(a)
The portion of the daily rest taken ashore must be in place before or after the portion of the daily rest taken on board the ferry or train;
(b)
The period between the parts of the daily rest shall be as short as possible and shall not, under any circumstances, exceed one hour before boarding or after deplaning, the customs formalities being included in the boarding operations Or deplaning.

During all parts of the daily rest, the driver shall be able to have a berth.

2. Any time spent to travel to a place in order to take over a vehicle falling within the scope of this Agreement, or to return, when the vehicle is not in the driver's home or at the operational centre of The employer in which the driver normally has his or her home point will not be counted as rest or rest unless the driver is in a ferry or train and has access to suitable sleeping equipment.

(3) Any time spent by a driver when driving a vehicle that does not fall within the scope of this Agreement when travelling to or returning to a vehicle falling within the scope of this Agreement. In the driver's home or in the operational centre of the employer where the driver normally has his or her home point, will be counted as " other task.


1 Introduced by the modification of the 20th. 2010, in force for Switzerland since 20 September. 2010 ( RO 2010 5727 ).

Art. Derogations

Provided that it does not endanger road safety and in order to enable it to reach an appropriate stopping point, the driver may derogate from this Agreement to the extent necessary to ensure the safety of the persons, the vehicle or its Loading. The driver shall indicate the type and reason for the exemption on the registration sheet or on a printed output of the control device or in the service registry, at the latest upon arrival at the appropriate breakpoint. 1


1 New wording of the last sentence according to the modification of 20 seven. 2010, in force for Switzerland since 20 September. 2010 ( RO 2010 5727 ).

Art. 10 1 Control device

The Contracting Parties shall prescribe the installation and use on vehicles registered in their territory of a control apparatus in accordance with the requirements of this Agreement, including its Annex and its Appendices.

2. The control apparatus within the meaning of this Agreement shall, in respect of its conditions of construction, installation, use and control, comply with the requirements of this Agreement, including its annex and its appendices.

3. A control apparatus which complies with the Regulation (EEC) n O 3821/85 of the Council of 20 December 1985 concerning its conditions of construction, installation, use and control shall be considered to be in conformity with the requirements of this Agreement, including its Annex and its Appendices.


1 New content according to mod. From 27 February to 16 June 2006, in force since 16 June 2006 ( RO 2007 2209 ).

Art. 11 Company Controls

1. 1 The undertaking shall arrange the road transport service and give appropriate instructions to the crew members in such a way that they are able to comply with the provisions of this Agreement.

2. It shall regularly monitor periods of driving and other work, as well as hours of rest, using all the documents available to it, such as individual control booklets. If the Commission finds infringements of this Agreement, it must put an end to it without delay and take measures to prevent them from reoccurring, for example by changing timetables and routes.

3. It is prohibited to pay, even by the granting of premiums or salary increases, employed drivers according to the distances travelled and/or the volume of the goods carried, unless such remuneration is of such a nature as to Jeopardize road safety or encourage the commission of violations of this Agreement. 2

4. 3 A transport undertaking shall be liable for offences committed by drivers of the undertaking, even if the infringement has been committed in the territory of another Contracting Party or of a country which is not a Contracting Party.

Without prejudice to the right of Contracting Parties to hold transport undertakings fully responsible, Contracting Parties may link this responsibility to non-compliance by the undertaking of s. The Contracting Parties may take into consideration any evidence establishing that the transport undertaking cannot reasonably be held responsible for the offence committed.

5. 4 The undertakings, consignors, shippers, tour operators, freight forwarders, subcontractors and operators employing drivers shall ensure that the transport schedules agreed upon by contract are in accordance with this Agreement.


1 New content according to the modification of the 20 seven. 2010, in force for Switzerland since 20 September. 2010 ( RO 2010 5727 ).
2 Last part of the sentence introduced by the modification of the 20th. 2010, in force for Switzerland since 20 September. 2010 ( RO 2010 5727 ).
3 Introduced by the modification of the 20th. 2010, in force for Switzerland since 20 September. 2010 ( RO 2010 5727 ).
4 Introduced by the modification of the 20th. 2010, in force for Switzerland since 20 September. 2010 ( RO 2010 5727 ).

Art. 12 1 Measures to ensure implementation of the Agreement

Each Contracting Party shall take all appropriate measures to ensure compliance with the provisions of this Agreement, in particular by means of checks of an adequate level carried out on the roads and in the premises of the undertakings concerned On an annual basis a large and representative part of the drivers, undertakings and vehicles of all categories of transport falling within the scope of this Agreement.

(a) 2
The competent administrations of the Contracting Parties shall organise the controls in such a way that:
(i)
In a calendar year, at least 1 % of the working days carried out by the drivers of vehicles to which this Agreement applies is controlled; from 1 Er January 2010, this percentage will be at least 2 % and from 1 Er January 2012 at least 3 %;
(ii)
At least 15 % of the total number of working days checked is on the road and at least 25 % on business premises. From 1 Er January 2010 at least 30 % of the total number of working days checked will be on the road and at least 50 % on business premises.
(b) 3
The controls carried out on roads shall cover the following:
(i)
Daily and weekly driving times, interruptions and daily and weekly rest periods;
(ii)
The record sheets of the preceding days, which must be on board the vehicle, and/or the data stored for the same period in the driver's card and/or in the memory of the control apparatus and/or printed output, Where applicable;
(iii)
The correct operation of the control apparatus.
Such checks shall be carried out without discrimination against resident or non-resident vehicles, undertakings and drivers, and irrespective of the point of departure and arrival of the journey or the type of tachograph.
(c) 4
The elements to be checked in the premises of undertakings, in addition to the elements subject to road checks and compliance with the provisions of subs. 2 of the art. 11 of the Annex, shall relate to:
(i)
Weekly rest periods and driving times between these rest periods;
(ii)
The two-week limitation of driving hours;
(iii)
Compensation for the reduction of weekly rest periods pursuant to s. 6 of the art. 8;
(iv)
The use of the record sheets and/or data and paper copies from the embedded unit and driver's card and/or the organisation of the drivers' working time.

2. Within the framework of mutual assistance, the competent authorities of the Contracting Parties shall regularly communicate all available information concerning:

-
Infringements of this Agreement by non-residents and any sanction imposed for such offences;
-
The sanctions applied by a Contracting Party to its residents for such offences committed in other Contracting Parties.

In the case of serious infringements, this information must include the sanctions applied.

3. If, in the course of a roadside check of the driver of a vehicle registered in another Contracting Party, the findings give reasons for the assessment that the offences are not detectable in the course of this In the absence of the necessary elements, the competent authorities of the Contracting Parties concerned shall give each other assistance in order to clarify the situation. Where, in order to do so, the competent Contracting Party performs a check in the premises of the undertaking, the results of that inspection shall be notified to the other Contracting Party concerned.

4. The Contracting Parties shall cooperate in the organisation of concerted checks on roads.

Every two years, the United Nations Economic Commission for Europe shall publish a report on the application by the Contracting Parties of s. 1 of this article.

6. 5 (a)
Any Contracting Party shall permit the competent authorities to impose a penalty on a driver for an infringement of this Agreement found on its territory and having not already given rise to punishment, even if the infringement has been committed on the Territory of another Contracting Party or of a non-Contracting Party.
(b)
Any Contracting Party shall permit the competent authorities to impose a penalty on an undertaking for an infringement of this Agreement found on its territory and which have not already given rise to sanctions, even if the infringement has been committed on the Territory of another Contracting Party or of a non-Contracting Party.

As an exception, where an offence has been committed by a company located in another Contracting Party or in a non-Contracting Party, the penalty shall be imposed in accordance with the procedure laid down in the Agreement Bilateral road transport between the Parties involved.

The Contracting Parties will consider, starting in 2011, the possibility of removing the exception provided for in subs. 6 (b), provided they so wish.

7. 6 Where a Contracting Party initiates a proceeding or imposes a sanction for a given offence, it shall provide the driver with the proof in writing in writing.

8. 7 Contracting Parties shall ensure that a system of proportionate sanctions , Which may include financial penalties, or set up in the event of infringement of this Agreement by undertakings or associated consignors, shippers, tour operators, freight forwarders, subcontractors and agencies employing Drivers associated with them.


1 New content according to mod. From 27 February to 16 June 2006 in force since 16 June 2006 ( RO 2007 2209 ).
2 New content according to the modification of the 20 seven. 2010, in force for Switzerland since 20 September. 2010 ( RO 2010 5727 ).
3 New content according to the modification of the 20 seven. 2010, in force for Switzerland since 20 September. 2010 ( RO 2010 5727 ).
4 New content according to the modification of the 20 seven. 2010, in force for Switzerland since 20 September. 2010 ( RO 2010 5727 ).
5 Introduced by the modification of the 20th. 2010, in force for Switzerland since 20 September. 2010 ( RO 2010 5727 ).
6 Introduced by the modification of the 20th. 2010, in force for Switzerland since 20 September. 2010 ( RO 2010 5727 ).
7 Introduced by the modification of the 20th. 2010, in force for Switzerland since 20 September. 2010 ( RO 2010 5727 ).

Art. 12 Bis 1 Model Form Templates

1. In order to facilitate international road controls, model form templates will, as appropriate, be introduced in the Annex to this Agreement which is supplemented by a new Appendix 3. These forms will be introduced or modified in accordance with the procedure set out in Art. 22 Ter .

2. Forms listed in Appendix 3 are not mandatory. However, if they are used, they will have to respect the content as defined, in particular with regard to numbering, order and heading of headings.

3. Contracting Parties may supplement this data with other information in order to meet national or regional requirements. Such additional information shall under no circumstances be required for transport originating in another Contracting Party or a third country. To this end, they will have to appear on the form in a completely separate way from the data defined for international traffic.

4. These forms shall be accepted in the event of presentation during road traffic control carried out in the territory of the Contracting Parties to this Agreement.


1 Introduced by the modification of the 20th. 2010, in force for Switzerland since 20 September. 2010 ( RO 2010 5727 ).

Art. 13 1 Transitional provisions

1. All new provisions of this Agreement, including its Annex and Appendices 1B and 2, relating to the introduction of a digital control apparatus shall become mandatory for countries that are Contracting Parties to this Agreement. No later than four years after the date of entry into force of the relevant amendments resulting from the procedure laid down in Art. 21. Consequently, all vehicles covered by this Agreement which have been put into circulation for the first time after the expiry of that period shall be equipped with a control device in accordance with these new requirements. During this four-year period, Contracting Parties, which have not yet implemented those provisions, will have to accept and control on their territory vehicles registered in another Contracting Party to the Agreement already Equipped with the digital control device in question.

2.
(a) The Contracting Parties shall take the necessary measures to be able to issue the driver cards referred to in the Annex to this Agreement, as amended, not later than three months before the expiry of the four-year period referred to in par. (1) This minimum period of three months shall also be observed in the case of implementation by a Contracting Party of the provisions relating to the digital control apparatus in accordance with Appendix 1B to this Annex, before the expiry of the period Four years. The said Contracting Party shall inform the secretariat of the Working Party on Road Transport of the Economic Commission for Europe of the progress of the implementation of the digital control apparatus in accordance with Appendix 1B to the Present annex on its territory;
(b)
Pending the issuance by the Contracting Parties of the maps referred to in para. (a) the provisions of s. 14 of the Annex to this Agreement shall apply to drivers who may be required to drive vehicles equipped with a digital control device in accordance with Appendix 1B to this Annex.

3. Any instrument of ratification or accession deposited by a State after the date of entry into force of this amendment shall be deemed to apply to the Agreement as amended, including the period of application defined in par. 1.

If the accession takes place less than two years before the expiry of the period referred to in par. 1, the State, upon the deposit of its instrument of ratification or accession, shall inform the depositary of the date on which the digital control apparatus will be effective on its territory. This State may take advantage of a transitional period not exceeding two years from the date of entry into force of the Agreement in respect of that State. The depositary shall then inform all the Contracting Parties.

The provisions of the preceding paragraph shall also apply in the case of the accession of a State after the expiry of the four-year period referred to in subs. 1.


1 New content according to mod. From 27 February to 16 June 2006, in force since 16 June 2006 ( RO 2007 2209 ).

Art. 13 Bis 1 Transitional provisions

Provisions contained at the end of subs. 7 (a) and 7 (b) of Art. 12 of the Annex to this Agreement shall apply 3 months after the entry into force of this Amendment .


1 Introduced by the modification of the 20th. 2010, in force for Switzerland since 20 September. 2010 ( RO 2010 5727 ).

Art. 14 Final provisions

(1) This Agreement shall be open for signature until 31 March 1971 and, after that date, for the accession of the member States of the Economic Commission for Europe and of the States admitted to the Commission in an advisory capacity in accordance with subs. 8 of the mandate of this Commission.

2. This Agreement shall be ratified.

3. Instruments of ratification or accession shall be deposited with the Secretary-General of the United Nations.

4. This Agreement shall enter into force on the one hundred and eightieth day after the deposit of the eighth instrument of ratification or accession.

5. For each State ratifying or acceding to this Agreement after the deposit of the eighth instrument of ratification or accession referred to in s. 4 of this Article, this Agreement shall enter into force 180 days after the date of the deposit by that State of its instrument of ratification or accession.

Art. 15

1. Any Contracting Party may denounce this Agreement by notification addressed to the Secretary-General of the United Nations.

(2) The denunciation shall take effect six months after the date on which the Secretary-General has received such notification.

Art. 16

This Agreement shall cease to have effect if, after its entry into force, the number of Contracting Parties is less than three for any period of twelve consecutive months.

Art. 17

(1) Any State may, when signing this Agreement or upon the deposit of its instrument of ratification or accession or at any later time, declare by notification addressed to the Secretary-General of the United Nations that the The validity of this Agreement shall be extended to all or part of the territories it represents at international level. This Agreement shall apply to the territory or territories referred to in the notification from the one hundred and eightieth day after receipt of such notification by the Secretary-General or, if so far this Agreement is not yet Entered into force, from the date of its entry into force.

(2) Any State which has made, in accordance with the preceding paragraph, a declaration which has the effect of making this Agreement applicable to a territory which it represents on the international level may, in accordance with Art. 15 of this Agreement, denounce this Agreement in respect of that Territory.

Art. 18

1. Any dispute between two or more Contracting Parties concerning the interpretation or application of this Agreement shall, as far as possible, be settled by negotiation between the Parties in dispute.

(2) Any dispute which has not been settled by negotiation shall be referred to arbitration if any of the Contracting Parties in dispute so requests and shall, accordingly, be referred to one or more arbitrators chosen by mutual agreement Parties in dispute. If, within three months of the date of the request for arbitration, the disputing Parties are unable to agree on the choice of an arbitrator or arbitrators, any such Party may request the Secretary-General of the United Nations To appoint a sole arbitrator to which the dispute shall be referred for decision.

The award of the arbitrator or arbitrators designated in accordance with the preceding paragraph shall be binding on the Contracting Parties in dispute.

Art. 19

(1) Any State may, at the time of signing or ratifying this Agreement or acceding to this Agreement, declare that it does not consider itself bound by s. 2 and 3 of Art. 18 of this Agreement. The other Contracting Parties shall not be bound by those paragraphs with respect to any Contracting Party which has made such a reservation.

(2) If, upon the deposit of its instrument of ratification or accession, a State formulates a reservation other than that provided for in par. 1 of this Article, the Secretary-General of the United Nations shall transmit this reservation to those States which have already deposited their instruments of ratification or accession and have not subsequently denounced this Agreement. The reservation shall be deemed accepted if, within the period of six months from the date of such communication, none of these States has objected to its admission. Otherwise, the reservation will not be accepted and, if the State which has formulated it does not withdraw it, the deposit of the instrument of ratification or accession of that State shall have no effect. For the purposes of this paragraph, no account shall be taken of the opposition of States whose accession or ratification would have no effect under this paragraph on the basis of the reservations that they would have made.

3. Any Contracting Party whose reservation has been adopted in the Protocol for the signing of this Agreement or which has made a reservation in accordance with par. 1 of this section or makes a reservation that has been accepted in accordance with s. 2 of this Article may, at any time, withdraw this reservation by notification addressed to the Secretary-General.

Art.

(1) After the present Agreement has been in force for three years, any Contracting Party may, by notification addressed to the Secretary-General of the United Nations, request the convening of a conference to review The Agreement. The Secretary-General shall notify all Contracting Parties of this request and shall convene a Review Conference if, within four months from the date of the notification addressed by him, at least one third of the Contracting Parties Signify their consent to this request.

(2) If a conference is convened in accordance with the preceding paragraph, the Secretary-General shall notify all Contracting Parties and invite them to submit, within a period of three months, the proposals they would like to see examined by the The conference. The Secretary-General shall communicate to all Contracting Parties the provisional agenda of the Conference, as well as the text of those proposals, at least three months before the opening date of the Conference.

The Secretary-General shall invite to any conference convened in accordance with this article all States referred to in s. 1 of the art. 14 of this Agreement.

Art.

Any Contracting Party may propose one or more amendments to this Agreement. The text of any proposed amendment shall be communicated to the Secretary-General of the United Nations, who shall communicate it to all Contracting Parties and shall bring it to the attention of the other States referred to in subs. 1 of the art. 14 of this Agreement.

2. Within six months from the date of the communication by the Secretary-General of the draft amendment, any Contracting Party may make known to the Secretary-General:

(a)
Or that it has an objection to the proposed amendment;
(b)
Either that, although it intends to accept the project, the conditions necessary for this acceptance are not yet fulfilled in its State.

(3) As long as a Contracting Party which has addressed the communication provided for in par. 2 B ) Of this Article shall not notify the Secretary-General of its acceptance, it may, for a period of nine months from the expiry of the six-month period for the communication, submit an objection to the proposed amendment.

4. If an objection is made to the draft amendment under the conditions laid down in subs. 2 and 3 of this Article, the amendment shall be deemed not to have been accepted and shall have no effect.

5. If no objection has been made to the proposed amendment under the conditions laid down in subs. 2 and 3 of this Article, the amendment shall be deemed to be accepted on the following date:

(a)
Where no Contracting Party has sent a communication under s. 2 B ) Of this Article, upon the expiry of the six-month period referred to in that paragraph. 2 of this article;
(b)
Where at least one Contracting Party has sent a communication pursuant to s. 2 B ) Of this Article, at the earliest of two dates:
-
The date on which all Contracting Parties that have sent such a communication have notified the Secretary-General of their acceptance of the project, however, that date shall be deferred until the expiry of the six-month period referred to in subs. 2 of this Article if all acceptances were previously notified at that time;
-
Expiry of the nine-month period referred to in s. 3 of this article.

5 Bis . In the event that a country became a Contracting Party to this agreement between the time of notification of a proposed amendment and the time when it was deemed accepted, the secretariat of the Working Party on Road Transport of the Commission Economic for Europe will notify the amendment as soon as possible

Proposed to the new State Party. The latter may express any objection to the Secretary-General before the expiry of the period of six months from the date of circulation of the original amendment communication to all Contracting Parties. 1

6. Any amendment deemed to be accepted shall enter into force three months after the date on which it is deemed to have been accepted.

The Secretary-General shall, as soon as possible, send to all Contracting Parties a notification to inform them whether an objection has been raised against the draft amendment in accordance with subs. 2 A ) Of this Article and if one or more Contracting Parties have communicated a communication to it in accordance with paragraph 1. 2 B ) In this article. In the event that one or more Contracting Parties have addressed such a communication, it shall subsequently notify all Contracting Parties whether the Contracting Party that has addressed such a communication raises an objection Against the draft amendment or accept it.

8. Independently of the amendment procedure provided for in s. 1 to 6 of this Article, the Annex to this Agreement may be amended by agreement between the competent Authorities of all Contracting Parties; if the competent Authority of a Contracting Party has declared that its national law Require the consent of the competent authority of the Contracting Party concerned to amend the Annex to be subject to a special authorization for that purpose or for the approval of a legislative body As such, as at the time the competent authority has declared to the Secretary General that the required approvals or approvals were obtained. The agreement between the competent authorities shall fix the date of entry into force of the amended annex and may provide that, during a transitional period, the old annex shall remain in force, in whole or in part, simultaneously with the amended annex.


1 Introduced by the mod. From 27 February to 16 June 2006, in force since 16 June 2006 ( RO 2007 2209 ).

Art.

Appendices 1 and 2 to the Annex to this Agreement may be amended in accordance with the procedure set out in this Article.

2. At the request of a Contracting Party, any amendment of Appendices 1 and 2 to the Annex to this Agreement proposed by that Party shall be considered by the Main Working Party on Road Transport of the Economic Commission for Europe.

(3) If adopted by a majority of the members present and voting, and if this majority includes the majority of the Contracting Parties present and voting, the amendment shall be communicated for acceptance to the competent administrations of all Contracting Parties by the Secretary-General.

4. The amendment shall be accepted if, within six months from the date of this communication, less than one third of the competent administrations of the Contracting Parties shall notify the Secretary-General of their objection to the amendment.

4 Bis . In the event that a country became a Party to this Agreement between the time of notification of a draft amendment and the time when it was deemed to have been accepted, the secretariat of the Working Party on Road Transport of the Economic Commission for Europe will notify the proposed amendment to the new State Party as soon as possible. The latter may express any objection to the Secretary-General before the expiry of the period of six months from the date of circulation of the original amendment communication to all Contracting Parties. 1

5. Any accepted amendment shall be communicated by the Secretary-General to all Contracting Parties and shall enter into force three months after the date of such notification.


1 Introduced by the mod. From 27 February to 16 June 2006, in force since 16 June 2006 ( RO 2007 2209 ).

Art. Bis 1 Amendment procedure in Appendix 1B

Appendix 1B to the Annex to this Agreement shall be amended in accordance with the procedure set out in this Article.

2. Any proposed amendment to the introductory articles of Appendix 1B shall be adopted by the Working Party on Road Transport of the Economic Commission for Europe by a majority of the Contracting Parties present and voting. The amendment thus adopted will be transmitted by the secretariat of the above-mentioned Working Group to the Secretary-General for notification to all Contracting Parties. It shall enter into force three months after the date of its notification to the Contracting Parties.

Appendix 1B, adaptation to this Agreement of Annex 1B 2 Of Regulation (EEC) No 3821/85 referred to in Art. 10 of this Agreement, depending directly on the developments introduced in Annex 1B by the bodies of the European Union, any amendment to this Annex shall be applicable to Appendix 1B under the following conditions:

-
The secretariat of the Working Party on Road Transport of the Economic Commission for Europe will officially inform the competent authorities of all Contracting Parties of the publication in the Official Journal of the Communities European amendments to Annex 1B of the Community Regulation and, concomitantly, will communicate this information to the Secretary-General together with a copy of the relevant texts.
-
These amendments shall enter into force directly at the level of Appendix 1B three months after the date of the communication of the information to the Contracting Parties.

Where a proposal for an amendment concerning the Annex to this Agreement will involve amending also Appendix 1B, the amendments relating to this Appendix shall not enter into force before those relating to the Annex. Where, in this context, the amendments to Appendix 1B are submitted at the same time as those relating to the Annex, their date of entry into force shall be determined by that resulting from the procedure implemented pursuant to Art. 21.


1 Introduced by the mod. From 27 February to 16 June 2006, in force since 16 June 2006 ( RO 2007 2209 ).
2 Last amended by Commission R (EC) n O 1360/2002 of 13 June 2002 (OJ L 207, 5 August 2002, corrigendum OJ L 77, 13 March 2004) and n O 432/2004 of 5 March 2004 (OJ L 71, 10 March 2004)

Art. Ter 1 Amendment procedure in Appendix 3

Appendix 3 to the Annex to this Agreement shall be amended in accordance with the procedure set out below.

2. Any proposal for the entry into Appendix 3 of standard forms in accordance with Art. 12 Bis The present Agreement or to amend the existing forms shall be subject to the adoption of the Working Party on Road Transport of the United Nations Economic Commission for Europe. The proposal shall be deemed accepted if adopted by a majority of the Contracting Parties present and voting.

The secretariat of the United Nations Economic Commission for Europe will officially inform the competent authorities of all Contracting Parties to the Agreement on the adoption of these amendments and, concomitantly, communicate this Information to the Secretary-General accompanied by a copy of the relevant text.

3. Any standard form thus adopted may be used three months after the date of the communication of the information to the Contracting Parties to the Agreement.


1 Introduced by the modification of the 20th. 2010, in force for Switzerland since 20 September. 2010 ( RO 2010 5727 ).

Art.

In addition to the notifications under s. 20 and 21 of this Agreement, the Secretary-General of the United Nations shall notify the States referred to in para. 1 of the art. 14 of this Agreement:

(a)
Ratifications and accessions under Art. 14 of this Agreement;
(b)
The dates on which this Agreement enters into force in accordance with Art. 14 of this Agreement;
(c)
Denunciations under s. 15 of this Agreement;
(d)
The repeal of this Agreement in accordance with Art. 16 of this Agreement;
(e)
Notifications received pursuant to s. 17 of this Agreement;
(f)
Declarations and notifications received in accordance with Art. 19 of this Agreement;
(g)
The entry into force of any amendment in accordance with Art. 21 of this Agreement.
Art. 24

The Protocol for the Signing of this Agreement shall have the same force, value and duration as this Agreement itself shall be considered to be an integral part.

Art. 25

After 31 March 1971, the original of this Agreement shall be deposited with the Secretary-General of the United Nations, who shall transmit certified copies thereof to each of the States referred to in s. 1 of the art. 14 of this Agreement.

In witness whereof , the undersigned, duly authorized, have signed this Agreement.

Done at Geneva, 1 Er July 1970, in a single copy, in the English and French languages, both texts being equally authentic.

(Suivent signatures)

Annex 1

Control apparatus General provisions

I. Approval

Art. 1

For the purposes of this Chapter, the terms "control apparatus" shall be construed as "control apparatus or its components".

Any application for approval of a model of a control device or of a record sheet or of a memory card, together with the appropriate descriptive documents, shall be submitted by the manufacturer or his authorised representative to a Contracting Party. For the same model of control apparatus or record sheet or memory card, this application may be filed only with a single Contracting Party.

Art. 2

Each Contracting Party shall grant approval to any model of a control apparatus, to any model of a record sheet or a memory card, if these are in conformity with the requirements of Appendices 1 or 1B and if the Contracting Party is to Even to monitor the conformity of production with the approved model.

Approval of the system referred to in Appendix 1B shall only be granted to the control apparatus when the whole system (control apparatus itself, memory card and electrical connections to the gearbox) has demonstrated its capacity to Resist attempts to manipulate or alter data on driving hours. The tests required in this regard shall be carried out by experts on the basis of the latest handling techniques.

The modifications or additions to a certified model shall be the subject of a complementary model approval by the Contracting Party which has granted the initial approval.

Art. 3

The Contracting Parties shall accord to the applicant a certification mark in accordance with the model set out in Appendix 2 for each model of control apparatus or record sheet or memory card that they certify under Art. 2.

Art. 4

The competent authorities of the Contracting Party to which the application for approval has been submitted shall send to those of the other Contracting Parties, within one month, a copy of the approval form, accompanied by a copy The necessary descriptive documents, or notify them of the refusal of approval for each model of control apparatus or record sheet or memory card that they certify or refuse to certify; in the case of refusal, they Communicate the reasons for the decision.

Art. 5

1. If the Contracting Party which has carried out the type-approval referred to in Art. 2 finds that control apparatus or registration sheets or memory cards bearing the approval mark which it has awarded are not in conformity with the model which it has approved, it shall take the necessary measures to ensure that the Conformity of production to the model is ensured. These may, if necessary, go until the approval is withdrawn.

(2) The Contracting Party which has granted approval shall revoke it if the control apparatus or the registration sheet or memory card which has been the subject of the approval are considered not to be in conformity with this Annex, y Including its appendages, or present, for use, a general defect that renders them unsuitable for their intended purpose.

(3) If the Contracting Party which has granted approval is informed by another Contracting Party of the existence of one of the cases referred to in s. 1 and 2, it shall also take, after consulting the latter, the measures provided for in those paragraphs, subject to subs. 5.

4. The Contracting Party which has ascertained the existence of one of the cases provided for in s. 2 may suspend until further notice the placing on the market and the placing in service of the control apparatus or sheets of registration or of the memory cards. The same applies in the cases provided for in s. 1 for control apparatus or record sheets or memory cards exempted from the first verification, if the manufacturer, after warning, does not comply with the approved model or with the requirements of the Annex.

In any event, the competent authorities of the Contracting Parties shall inform each other within one month of the withdrawal of an approval granted and of the other measures taken in accordance with s. 1, 2 and 3, as well as the reasons justifying these actions.

5. If the Contracting Party which carried out an approval contests the existence of the cases provided for in s. 1 and 2 of which it has been informed, the Contracting Parties concerned shall endeavour to settle the dispute.

Art. 6

The applicant for a registration sheet model shall specify on his application the model or models of control apparatus for which this sheet is intended to be used and shall provide, for the purpose of testing the sheet, An appropriate device of the appropriate type (s).

2. The competent authorities of each Contracting Party shall indicate on the registration sheet of the model of the registration sheet the model or models of control apparatus for which the sheet model may be used.

Art. 7

Contracting Parties may not refuse registration or prohibit the entry into circulation or use of vehicles equipped with the control apparatus for reasons inherent in such equipment if the device is equipped with the approval mark Referred to in s. 3 and the installation plate referred to in s. 9.

Art. 8

A decision on the refusal or withdrawal of approval of a model of a control device or of a record sheet or of a memory card, taken pursuant to this Annex, shall be reasoned in a precise manner. It shall be notified to the person concerned with an indication of the remedies available under the legislation in force in the Contracting Parties and the time limits in which such remedies may be introduced.

II. Installation and control

Art.

Only authorised to carry out the installation and repair operations of the control apparatus shall the installers or workshops approved for that purpose by the competent authorities of the Contracting Parties, after they have heard, if They wish, in the opinion of the manufacturers concerned.

The administrative validity of the approved workshop and installers cards may not exceed one year.

In the event of renewal, damage, malfunction, loss or theft of the card issued to approved shops and installers, the authority shall provide a replacement card within five working days of receipt A detailed request to that effect.

When a new card is issued to replace the old one, the new card has the same "workshop" information number, but the index is increased by one unit. The issuing authority shall keep a register of lost, stolen or failed cards.

Contracting Parties shall take all necessary measures to avoid the risk of falsification of cards distributed to approved installers and workshops.

2. The approved installer or workshop shall affix a particular mark on the seals it carries out, and in addition, for the control apparatus in conformity with Appendix 1B, shall introduce the electronic safety data enabling, inter alia, the Authentication checks. The competent authorities of each Contracting Party shall keep a register of the marks and electronic safety data used, as well as the cards of approved workshops and installers issued.

3. The competent authorities of the Contracting Parties shall inform each other of the list of approved installers or workshops and of the cards issued to them and shall communicate copies of the marks and the necessary information relating to them The electronic security data used.

4. The conformity of the installation of the control apparatus to the requirements of this Annex shall be attested by the installation plate affixed in accordance with the conditions set out in Appendix 1 or 1B.

5. Any sealing may be removed by installers or workshops approved by the competent authorities in accordance with the provisions of subs. 1 of this Article or in the circumstances described in Appendix 1 or 1B to this Annex.

III. Terms of use

Art. 10

The employer and drivers shall ensure the proper operation and proper use, on the one hand, of the control apparatus, and on the other hand, of the driver card in the event that the driver is called to drive a vehicle equipped with a Control in accordance with Appendix 1B.

Art. 11

1. The employer shall issue to drivers of vehicles equipped with a control apparatus in accordance with Appendix 1 a sufficient number of sheets of registration, taking into account the personal character of those sheets, the duration of the service and the obligation Possibly replace damaged or damaged leaves by a monitoring agent. The employer shall only provide drivers with sheets of a certified model suitable for use in the aircraft installed on the vehicle.

In the event that the vehicle is equipped with a control device in accordance with Appendix 1B, the employer and the driver shall ensure that, taking into account the duration of the service, the printing on request referred to in Appendix 1B may be carried out correctly in Control cases.

2. A)
The undertaking shall keep, in chronological order and in a legible form, the registration sheets and the printed output each time such printed output is produced in application of subs. 1 of the art. 12, for at least one year after their use, and shall deliver a copy of the request to the drivers concerned. The company shall also provide a copy of the data downloaded from the driver cards to the drivers concerned who request it, as well as the printed copies thereof. Registration sheets, printouts and downloaded data are presented or submitted upon request of any authorized screening officer.
(b)
Any transport undertaking operating vehicles equipped with a control apparatus in accordance with Appendix 1B of this Annex and falling within the scope of this Agreement:
(i)
Ensures that all data are downloaded from the embedded unit and the driver card as regularly as required by the Contracting Party and that the relevant data are downloaded more frequently to Ensure that all activities carried out by or for that undertaking are downloaded;
(ii)
Ensures that all data downloaded from the embedded unit and driver card are kept at least 12 months after registration and that, in the event that a screening officer requests such data, the data are available for consultation, Directly or remotely, at the company's premises;

For the purposes of this paragraph, the term "teleloaded" shall be interpreted in accordance with the definition in Chapter I, Chapter I, point (s) of Appendix 1B.

The driver card referred to in Appendix 1B shall be issued, at the request of the driver, by the competent authority of the Contracting Party in which he has his normal residence.

A Contracting Party may require that any driver subject to the provisions of this Agreement having its normal residence on its territory be the holder of the driver's card:

(a)
For the purposes of this Agreement, normal residence means the place where a person ordinarily resides, that is, for at least 185 days per calendar year, due to personal and professional ties or, in the case of a person without Professional ties, because of personal ties, revealing a close relationship between her and the place where she lives;
However, the normal residence of a person whose professional ties are situated in a place other than that of his personal ties, and which, as such, is required to stay alternately in different places in the Two or more Contracting Parties shall be deemed to be in place of their personal ties, provided that they return regularly to them. This latter condition is not required where the person makes a stay in a Contracting Party for the execution of a fixed term mission;
(b)
Drivers shall provide proof of the place of their normal residence, by any means, in particular by their identity card, or by any other valid document;
(c)
In the case where the competent authorities of the Contracting Party of the driver card have doubts as to the validity of the declaration of the normal residence made in accordance with point (b), or for the purposes of certain controls They may request additional information or evidence;
(d)
The competent authorities of the Contracting Party shall ensure, as far as possible, that the applicant is not already the holder of a valid driver card.
4.
(a) The competent authority of the Contracting Party shall customise the driver card in accordance with the provisions of Appendix 1B;
The administrative validity of the driver card shall not exceed five years;
The driver can only hold one valid card. It is only allowed to use its own custom card. It must not use a defective or expired card;
When a new card is issued to the driver replacing the old one, the new card bears the same serial number of the driver card, but the index is increased by one unit. The issuing authority shall keep a register of cards issued, stolen, lost or defective for a period of at least the duration of validity;
In the event of damage, malfunction, loss or theft of the driver card, the authority shall provide a replacement card within five working days of receipt of a detailed request to that effect;
In the event of an application for renewal of a card whose validity expires, the authority shall provide a new card before the due date provided that the application has been sent to it within the time limits laid down in Art. 12, para. 1, para. 4;
(b)
Driver cards shall be issued only to applicants who are subject to the provisions of this Agreement;
(c)
The driver card is personal. It shall not, for the duration of its administrative validity, be subject to withdrawal or suspension for any reason, unless the competent authority of a Contracting Party finds that the card has been falsified, that the driver Uses a card of which he is not the owner or that the card held was obtained on the basis of false declarations and/or forged documents. If the above-mentioned suspension or withdrawal measures are taken by a Contracting Party other than that which has issued the card, that Contracting Party shall return the card to the authorities of the Contracting Party that issued it by indicating The reasons for the return;
(d)
Driver cards issued by the Contracting Parties shall be mutually recognised;
Where the holder of a valid driver card issued by a Contracting Party has fixed his normal residence in another Contracting Party, he may request the exchange of his card against an equivalent driver card; he Belongs to the Contracting Party conducting the exchange to verify, if necessary, whether the card presented is in fact still valid;
The Contracting Parties which carry out an exchange shall return the old card to the authorities of the Contracting Party that issued it and indicate the reasons for the return;
(e)
Where a Contracting Party replaces or exchanges a driver card, such replacement or exchange, as well as any subsequent replacement or renewal, shall be registered in that Contracting Party;
(f)
Contracting Parties shall take all necessary measures to avoid the risk of falsification of driver cards.

5. The Contracting Parties shall ensure that the data necessary for the monitoring of compliance with this Agreement, recorded and kept in memory by the control apparatus in accordance with Appendix 1B to this Annex, are kept in For at least 365 days after the date of their registration and may be made available under conditions that ensure the safety and accuracy of these data.

The Contracting Parties shall take all necessary measures to ensure that the reselling or disservice operations of the control apparatus may not impair, in particular, the proper application of this paragraph.

Art. 12

1. Drivers do not use dirty or damaged record sheets or driver cards. To this end, the sheets or driver cards must be adequately protected.

In the case of damage to a sheet or driver card which contains records, drivers shall attach the damaged sheet or driver card to the reserve sheet or to an appropriate sheet used for the Replace.

In the case of damage, malfunction, loss or theft of the driver card, drivers shall, within seven calendar days, request the replacement of the driver with the competent authorities of the Contracting Party in which They have their normal residence.

When drivers wish to renew their driver cards, they must apply to the competent authorities of the Contracting Party in which they have their normal residence, no later than 15 working days before the date Card expiration.

2. A)
Drivers shall use the registration sheets or the driver card every day on which they drive, from the moment they take over the vehicle. The registration sheet or driver card shall not be withdrawn before the end of the daily working period, unless the withdrawal is otherwise authorised. No record sheet or driver card may be used for a period longer than the one for which it was intended.
Where more than one driver is on board a vehicle equipped with a control apparatus in accordance with Appendix 1B, drivers shall ensure that their driver card is inserted in the correct slit of the tachograph.
(b)
When, as a result of their removal from the vehicle, drivers cannot use the vehicle mounted on the vehicle, the time groups specified in par. 3, second indent, (b), (c) and (d) are:
(i)
If the vehicle is equipped with a control device in accordance with Appendix 1, on the recording sheet in a legible and unreadable form, manually, automatically or by other means; or
(ii)
If the vehicle is equipped with a control device in accordance with Appendix 1B, entered on the driver card using the manual input functions available to the control device;
(c)
Drivers shall bear the necessary modifications on the registration sheets when more than one driver is on board the vehicle, so that the information indicated in par. 3, second indent, (b), (c) and (d) below shall be recorded on the driver's sheet which actually holds the steering wheel.

3. Drivers:

-
Ensure agreement between the time marking on the sheet and the legal time of the country of registration of the vehicle;
-
Use switching devices to record separately and separately the following periods of time:
(a)
Under sign

Image Image

Or

Image * :

Driving time;

(b)
Under sign

Image Image

Or

Image * :

All other working hours;

(c)
Under sign

Image Image

Or

Image * :

Availability times, namely:

-
Wait time, that is, the period during which drivers are not required to remain at their work stations, except in response to possible calls to resume driving or other work;
-
Time spent next to a driver while walking on the vehicle;
-
Time spent on a sleeve while the vehicle is walking;
(d)
Under sign

Image

Or

Image * :

Driving interruptions and daily rest periods.

*
Symbols used for digital tachograph.

4. Each Contracting Party may permit, for registration sheets used on vehicles registered in its territory, the periods of time referred to in par. 3 second indent, points (b) and (c) of this Article are all registered under the sign Image Image .

5. Each crew member shall bear the following particulars on the registration sheet:

(a)
His name and surname at the beginning of the use of the sheet;
(b)
Date and place at the beginning and end of use of the sheet;
(c)
The number of the registration plate of the vehicle to which it is assigned before the first voyage recorded on the sheet and then, in the case of vehicle changes, during the use of the sheet;
(d)
The odometer reading:
-
Before the first journey recorded on the sheet;
-
At the end of the last recorded trip on the sheet;
-
In the case of a change of vehicle during the service day (meter of the vehicle to which it was assigned and meter of the vehicle to which it is to be assigned);
(e)
Where applicable, the time of vehicle change.

5 Bis The driver shall enter in the control apparatus in conformity with Appendix 1B the symbol of the country in which he starts and that of the country where he finishes his daily working period.

The entries of the above data are activated by the driver, they can be either entirely manual or automatic when the control apparatus is connected to a satellite positioning system.

6. The control apparatus defined in Appendix 1 shall be designed in such a way as to allow the control agents to read, after possible opening of the apparatus, without permanently deforming, damaging or suing the sheet, the Records relating to the nine hours preceding the control time.

The devices must also be designed to verify, without opening the housing, that the recordings are made.

7. A)
When the driver drives a vehicle equipped with a control device in accordance with Appendix 1, the driver shall be able to present at any request of the screening officers:
(i)
The registration sheets for the current week and those used by the driver in the previous 15 calendar days;
(ii)
The driver card if the driver is the holder of such a card; and
(iii)
Any information collected manually and any printed output during the current week and during the previous 15 calendar days, as provided for in this Agreement.
From the application date defined in s. 13 Bis Of this Agreement, the periods referred to in points (i) and (iii) shall cover the current day and the preceding 28 calendar days.
(b)
When the driver drives a vehicle equipped with a control device in accordance with Appendix 1B, the driver must be able to present at any request of a screening officer:
(i)
The driver card of which he is the holder;
(ii)
Any information collected manually and any printed output for the current week and for the previous 15 calendar days, as provided for in this Agreement;
(iii)
The registration sheets corresponding to the same period as the one referred to in the preceding paragraph during which he drove a vehicle equipped with a recording device in accordance with Appendix 1.
From the application date defined in s. 13 Bis Of this Agreement, the terms referred to in item (ii) shall cover the current day and the preceding 28 days.
(c) An authorised agent may monitor compliance with this Agreement by the analysis of the registration sheets, displayed or printed data which have been recorded by the control apparatus or by the driver card and, failing that, by the analysis Any other probative document to justify non-compliance with a provision such as those set out in s. 13, para. 2 and 3.

8. It is prohibited to falsify, erase or destroy the recordings made on the registration sheet, the data stored in the control apparatus or the driver card, and the printing documents produced from the apparatus of Control set out in Appendix 1B. It is also forbidden to manipulate the control apparatus, the registration sheet or the driver card and/or the printing documents, in order to falsify the recordings, make them inaccessible or destroy them. No device for carrying out the above mentioned manipulations shall be on board the vehicle.

Art. 13

1. In the event of a failure or malfunctioning of the control apparatus, the employer shall cause it to be repaired, by an installer or approved workshop, as soon as the circumstances permit.

If the return to the seat cannot be carried out only after a period of more than one week from the day of the failure or the finding of the malfunctioning operation, the repair shall be carried out in the course of the journey.

Contracting Parties may provide for the right of the competent authorities to prohibit the use of the vehicle in cases where the failure or malfunctioning is not remedied under the conditions set out above.

2. A)
During the period of failure or malfunction of the control apparatus, the driver defers the indications relating to the time groups, in so far as they are no longer recorded or printed by the control apparatus Correctly, on the registration sheet (s) or on an appropriate sheet to be attached either to the registration sheet or to the driver card, and on which it defers the identification elements (name and number of its Driver's licence or name and driver card number), including signature.
(b)
When a driver card is damaged, does not work, is lost or is not in the driver's possession, the driver must:
(i)
At the beginning of his or her journey, print the detailed information about the vehicle he is driving and include on this printed output:
-
Detailed data to identify the driver (name, driver card number or driver's licence), including signature;
-
The periods referred to in s. 3, second indent, points (b), (c) and (d) of Art. 12;
(ii)
At the end of its journey, print the information concerning the periods of time recorded by the control apparatus, record all periods spent on another activity, the periods of availability and rest periods since the Printed output obtained at the beginning of the journey, where this information has not been recorded by the tachograph, and carry the detailed data identifying the driver (name, driver card number or driver's license number) on this document. Drive), including its signature.

3. In the event of deterioration or malfunction of the card, the driver shall return it to the competent authority of the Contracting Party in which he has his normal residence. The flight of the driver card shall be the subject of a formal declaration to the competent authorities of the Contracting Party where the flight has occurred.

The loss of the driver card shall be the subject of a proper declaration to the competent authorities of the Contracting Party which issued it and to those of the Contracting Party of the normal residence in the case where These authorities would be different.

The driver may continue to drive his vehicle without his driver card for a maximum of 15 calendar days, or for a longer period if necessary to allow the vehicle to return to the company's seat, to Condition that he or she may be unable to present or use his card during this period.

Where the authorities of the Contracting Party in which the driver has his normal residence are different from those who have issued his card and are called upon to renew, replace or exchange the card Driver, they shall inform the authorities who have issued the old card of the exact reasons for its renewal, replacement or exchange.

Art. 14

1. Pursuant to para. (b) from s. 2 of the art. 13 of the Agreement, drivers who, during the four-year transitional period referred to in s. 1 of this Article, drive in international traffic a vehicle equipped with a digital control apparatus in conformity with Appendix 1B to this Annex and to which the competent authorities have not yet been able to issue a card of Driver, must be able to present, at any requisition, the printed slips or statements showing their schedules during the current week and, in all cases, the slip and/or statement corresponding to their last day of conduct during The previous week.

2. Le par. 1 does not apply to drivers of vehicles registered in a country where the driver card is compulsory. However, drivers are required to submit printed slips at any requisition.

3. The printed slips referred to in s. 1 above shall contain all the information necessary to identify the driver (name and driver's licence number), as well as his signature.



1 New content according to mod. 27 Feb 2004/16 June 2006 ( RO 2007 2209 ). Updated according to mod. Of the 20th. 2010, in force for Switzerland since 20 September. 2010 (RO 2010 5727).

Appendix 1

Conditions for construction, testing, installation and control

Definitions

The purpose of this Appendix is to:

(a) "control apparatus",

A device intended to be installed in on-road vehicles to indicate and record in an automatic or semi-automatic way data on the operation of these vehicles and on certain working times of their drivers;

(b) "registration sheet",

A sheet designed to receive and fix records, to be placed in the control apparatus and on which the control devices of the control device continuously record the data to be recorded;

(c) "control apparatus constant",

The numerical characteristic giving the value of the input signal necessary to obtain the indication and the recording of a distance travelled 1 km; this constant shall be expressed either in revolutions per kilometre (k = ... tr/km), or in pulses Per kilometre (k = ... imp/km);

(d) "vehicle characteristic coefficient",

The numerical characteristic giving the value of the output signal emitted by the part provided on the vehicle for its connection to the control apparatus (outlet of the gearbox in certain cases, wheel of the vehicle in other cases), When the vehicle travels the distance of 1 km measured under the normal test conditions (see chap. VI, para. 4 of this appendix). The characteristic coefficient is expressed either in revolutions per kilometre (w = ... tr/km) or in pulses per kilometre (w = ... imp/km);

(e) "effective circumference of the wheels of the wheels",

The average of the distances travelled by each wheel driving the vehicle (driving wheels) during a complete rotation. The measurement of these distances shall be carried out under the normal conditions of test (see chap. VI, para. 4 of this appendix) and is expressed as "1 = ... mm".

II. General characteristics and functions of the control apparatus

The device must record the following:

1.
Distance travelled by the vehicle;
2.
Vehicle speed;
3.
Driving time;
4.
Other working time and availability time;
5.
Work interruptions and daily rest periods;
6.
Opening of the enclosure containing the registration sheet;
7.
For electronic devices operating on the basis of signals transmitted electrically by the distance and speed sensor, any power failure greater than 100 milliseconds of the apparatus (except for lighting), of The power of the distance and speed sensor and any signal failure of the distance and speed sensor.

For vehicles used by two conductors, the apparatus shall permit the recording of the time referred to in points 3 to 5 simultaneously and in a differentiated manner on two separate sheets.

III. Conditions for construction of the control apparatus

A. General

1. For the control apparatus, the following devices are prescribed:

(a)
Indicator devices:
-
The distance travelled (totalizer meter),
-
Speed (tachometer),
-
Time (clock);
(b)
Recording devices including:
-
A flight distance recorder,
-
A speed recorder,
-
One or more time recorders in accordance with the conditions laid down in heading III, sect. C, para. 4;
(c)
A marker device that indicates separately on the record sheet:
-
Any opening of the enclosure containing this sheet
-
For electronic devices as defined in Chapter 7 of the Chapter. 11, any power outage greater than 100 milliseconds from the appliance (except lighting), at the latest at the time of the recharge,
-
For electronic devices as defined in Chapter 7 of the Chapter. 11, any power failure greater than 100 milliseconds from the distance and speed sensor and any signal failure of the distance and speed sensor.

2. The possible presence in the device of devices other than those listed above shall not compromise the proper functioning of the mandatory devices or interfere with their reading. The device shall be submitted for approval with these possible complementary devices.

3. Materials

(a)
All components of the control apparatus shall be made of sufficient stability and mechanical strength and invariable electrical and magnetic characteristics.
(b)
Any change in an element of the device or the nature of the materials used in its manufacture must be approved, prior to use, by the authority that approved the device.

4. Measuring the distance travelled

The distances travelled can be totalled and recorded:

-
Either on the front and back,
-
Is only on the front.

The possible recording of the back-running manoeuvres absolutely must not affect the clarity and accuracy of the other recordings.

5. Speed measurement

(a)
The speed measurement range shall be fixed by the model approval certificate.
(b)
The specific frequency and damping device of the measuring mechanism shall be such that the indicator devices and the speed recorder can, in the extent of measurement, be able to follow accelerations up to 2 m/s 2 Within the tolerances allowed.

6. Time measurement (clock)

(a)
The control of the time delivery device shall be within an enclosure containing the record sheet, each of which is marked automatically on the record sheet.
(b)
If the mechanism of progress of the registration sheet is ordered by the clock, the correct operating time of the clock, after full reassembly, shall be at least 10 % higher than the recording duration corresponding to the loading Maximum of the sheet (s).

7. Lighting and Protection

(a)
The device's indicator devices shall be provided with adequate lighting that is not dazzling.
(b)
For normal operating conditions, all internal parts of the device must be protected against moisture and dust. They must also be protected against accessibility by envelopes that can be sealed.

Indicator devices

1. Distance travelled indicator (totalizer counter)

(a)
The value of the smallest step of the distance travelled shall be 0.1 km. The figures expressing the hectometers shall be clearly distinguishable from those expressing the whole number of kilometres.
(b)
The figures for the totalizing meter shall be clearly legible and have an apparent height of at least 4 mm.
(c)
The totalizing meter shall be capable of indicating up to 99 999.9 km at least.

2. Speed indicator (tachometer)

(a)
Within the measurement range, the speed scale shall be uniformly graded by 1, 2, 5 or 10 km/h. The value at the speed of the step (range between two successive marks) shall not exceed 10 % of the maximum speed at the end of the scale.
(b)
The extent of indication beyond the scope of measurement shall not be encrypted.
(c)
The length of the graduation interval corresponding to a difference in speed of 10 km/h shall not be less than 10 mm.
(d)
On a needle indicator, the distance between the needle and the dial shall not exceed 3 mm.

3. Time indicator (clock)

The time indicator must be visible from the outside of the device and the reading must be safe, easy and unambiguous.

C. Recorder devices

1. General

(a)
In any device, regardless of the form of the record sheet (tape or record), a marker should be provided for the correct placement of the record sheet so that the correspondence between the specified time is assured By the clock and the time marking on the sheet.
(b)
The mechanism leading to the registration sheet must ensure that it is trained without a game and can be freely placed and removed.
(c)
The device for the advancement of the recording sheet, when it is in the form of a disc, shall be ordered by the mechanism of the clock. In this case, the rotation movement of the sheet will be continuous and uniform, with a minimum speed of 7 mm/h measured on the inside edge of the circular crown delineating the speed record area. In devices of the type to tape, when the device for the advancement of the sheets is controlled by the mechanism of the clock, the speed of the rectilinear progress shall be at least 10 mm/h.
(d)
The records of the distance travelled, the speed of the vehicle and the opening of the enclosure containing the record sheet (s) shall be automatic.

2. Record the distance travelled

(a)
Any distance travelled by 1 km shall be represented on the diagram by a variation of at least 1 mm from the corresponding coordinate.
(b)
Even at speeds at the upper limit of the measurement range, the course diagram still needs to be clearly legible.

3. Record speed

(a)
The speed recording pen shall normally have a rectilinear motion perpendicular to the direction of movement of the record sheet, regardless of the geometry of the record sheet.
However, a curvilinear movement of the stylus may be allowed if the following conditions are met:
-
The plot by the stylus is perpendicular to the average circumference (in the case of records in the form of discs) or to the axis of the area reserved for recording the speed (in the case of strip-shaped sheets);
-
The ratio between the radius of curvature of the plot described by the stylus and the width of the area reserved for the recording of the speed is not less than 2 ,4: 1 regardless of the shape of the record sheet;
-
The different features of the time scale must cross the record area according to a curve of the same radius as the plot described by the stylus. The distance between the strokes must be one hour to the maximum of the time scale.
(b)
Any variation of 10 km/h of the speed shall be represented, on the diagram, by a variation of at least 1.5 mm from the corresponding coordinate.

4. Time recording

(a)
The device shall record the driving time in a fully automatic manner. It shall also record, after the operation of an appropriate order, the other time groups as follows:

(i)

Under sign

Image

:

Driving time;

(ii)

Under sign

Image Image

:

All other working hours;

(iii)

Under sign

Image Image

:

Availability time to know:

-
Waiting time, that is, the period during which drivers are not required to remain at their work station, except to respond to possible calls to undertake or resume driving or other work;
-
The time spent next to a driver while the vehicle is walking;
-
Time spent on a sleeve while the vehicle is walking;

(iv)

Under sign

Image

:

Driving interruptions and daily rest periods.

Each Contracting Party may permit for registration sheets used on vehicles registered in its territory, that the periods of time referred to in items (ii) and (iii) above be all registered under the sign Image Image .
(b)
The characteristics of the plots, their relative positions and, possibly, the signs provided for in subs. 4 A ), should make it possible to clearly identify the nature of the different times. The nature of the different time groups shall be represented, in the diagram, by differences in the thickness of the lines relating thereto or by any other system of at least equal effectiveness from the point of view of legibility and interpretation of the Diagram.
(c)
In the case of vehicles used by a crew composed of several drivers, the recordings of subs. 4 A ) Must be made on two separate sheets, each of which is assigned to a driver. In this case, the progress of the different sheets must be ensured either by the same mechanism or by synchronised mechanisms.

D. Closure device

1. The case containing the registration sheet (s) and the control of the time delivery device shall be filled with a lock.

2. Any opening of the case containing the registration sheet (s) and the control of the time delivery device shall be marked automatically on the sheet (s).

E. Enrolment

1. The following entries shall be included on the dial of the device:

-
Near the number indicated by the totalizing meter, the unit of measurement of distances in the form of its symbol "km";
-
Near the speed scale, the indication "km/h";
-
The extent of measurement of the tachymeter, in the form "Vmin ... km/h, Vmax ... km/h". This indication is not required if it is on the device nameplate.

However, these requirements are not applicable to control devices registered before August 10, 1970.

2. On the nameplate issued in solidarity with the device, the following shall be shown, which shall be visible on the installed apparatus:

-
Name and address of the manufacturer of the equipment;
-
Manufacturing number and year of construction;
-
Approval mark of the device model;
-
The device constant in the form "k = ... tr/km" or "k = ... imp/km";
-
The extent of measurement of the speed in the form indicated in par. 1;
-
If the sensitivity of the instrument to the angle of inclination is likely to affect the indications given by the device beyond the tolerances allowed, the angular orientation permissible in the form:

Image Image

In which a represents the angle measured from the horizontal position of the front face (oriented upwards) of the device for which the instrument is settled, B And G Representing the upper and lower permissible boundary deviations, respectively, from the angle A .

F. Maximum tolerable errors (indicator devices and recorders )

1. At the pre-installation test bench:

(a)
Distance travelled: ± 1 % more or less than the actual distance, the distance being at least 1 km;
(b)
Speed: ± 3 km/h more or less than the actual speed;
(c)
Time: ± 2 mn per day with a maximum of 10 mn by 7 days in case or the clock walking time after reassembly is not less than this period.

2. At installation:

(a)
Distance travelled: ± 2 % more or less than the actual distance, the distance being at least 1 km;
(b)
Speed: ± 4 km/h more or less than the actual speed;
(c)
Time: ± 2 min per day, or ± 10 min per 7 days.

3. In Use:

(a)
Distance travelled: ± 4 % more or less than the actual distance, the distance being at least 1 km;
(b)
Speed: ± 6 km/h more or less than the actual speed;
(c)
Time: ± 2 min per day, or ± 10 min per 7 days.

4. The maximum tolerated errors listed in s. 1, 2 and 3 are valid for temperatures between 0 and 40 ° C, with temperatures detected in the immediate vicinity of the device.

5. The maximum tolerated errors listed in s. 2 and 3 shall be understood when measured under the conditions set out in chap. VI.

IV. Record Sheets

A. General

1. The registration sheets shall be of such quality that they do not prevent the normal operation of the apparatus and that the recordings they support are indelible and clearly legible and identifiable.

Record sheets must maintain their dimensions and records under normal conditions of humidity and temperature.

In addition, it must be possible for each crew member to inscribe on the sheets, without causing them to deteriorate and without preventing the legibility of the recordings, the following indications:

(a)
His or her first name at the beginning of the use of the sheet;
(b)
The date and place at the beginning and end of use of the sheet;
(c)
The number of the registration plate of the vehicle to which it is assigned before the first voyage recorded on the sheet and then, in the case of vehicle changes, during the use of the sheet;
(d)
The odometer reading:
-
Before the first recorded trip on the sheet;
-
At the end of the last recorded trip on the sheet;
-
In the case of a change of vehicle during the day of service (meter of the vehicle to which it was assigned and meter of the vehicle to which it is to be assigned);
(e)
Where applicable, the time of vehicle change.

Under normal conditions of conservation, records must remain legible for at least one year.

2. The minimum registration capacity of the leaves, whatever their shape, must be 24 hours.

If several discs are connected to each other in order to increase the capacity of continuous recording feasible without the intervention of staff, the connections between the different discs shall be made in such a way that the recordings, to the Places to pass from one disc to the next, do not present interruptions or overlaps.

B. Registration Areas and Their Graduations

1. Record sheets have the following record fields:

-
An area reserved exclusively for indications relating to speed;
-
An area reserved exclusively for indications relating to distances travelled;
-
An area (s) for indications relating to driving times, other working time and availability times, work interruptions and driver rest.

2. The zone reserved for the recording of speed shall be subdivided into slices of 20 km/h or less. The corresponding speed shall be indicated in figures on each line of this subdivision. The symbol km/h must appear at least once inside this zone. The last line of this field must coincide with the upper limit of the measurement scope.

3. The area reserved for the registration of routes shall be printed in such a way as to allow easy reading of the number of kilometres travelled.

4. The zone (s) set aside for registration of time under subs. 1 must bear the information necessary to individualize the various groups of time unambiguously.

C. Printed Indications on the Registration Sheets

Each sheet shall bear the following particulars:

-
Name and address or mark of the manufacturer;
-
Certification mark of the leaf model;
-
Approval mark of the model (s) of apparatus in which the sheet is usable;
-
Upper limit of recordable speed printed in km/h.

Each sheet must also bear, in print, at least one graduated time scale so as to allow the direct reading of the time by 15 min intervals and a simple determination of 5-minute intervals.

D. Freespace for handwritten inscriptions

A free space on the sheets shall be provided for the driver to carry forward at least the following handwritten statements:

-
The name and surname of the driver;
-
The date and location of the start and end of use of the sheet;
-
The number (s) of the registration plate of the vehicle (s) to which the driver is assigned during the use of the sheet;
-
Odometer readings of the vehicle (s) to which the driver is assigned during the use of the sheet;
-
The time of vehicle change.

Installation of the control apparatus

A. General

1. The control apparatus shall be placed on the vehicles in such a way that, on the one hand, the driver can easily monitor, in his place, the speed indicator, the totalizing meter and the clock, and that, on the other hand, all their Elements, including those for transmission, are protected against accidental deterioration.

The constant of the control apparatus shall be capable of being adapted to the characteristic coefficient of the vehicle by means of an adequate device known as the adaptor.

Multi-deck vehicles shall be fitted with a switching device which automatically brings these various ratios to the one for which the adaptor's adaptation to the vehicle is carried out by the adapter.

3. A properly visible installation plate is attached to the vehicle near the device, or on the device itself, after the first installation. After each intervention of an approved installer or workshop requiring a modification of the installation itself, a new insert, replacing the previous one, shall be affixed.

The insert shall bear at least the following particulars:

-
Name, address or mark of the approved installer or workshop;
-
Characteristic coefficient of the vehicle, in the form "w = ... tr/km" "w = ... imp/km ";
-
Effective circumference of the wheel tires in the form "1 = ... mm";
-
The date of the statement of the characteristic coefficient of the vehicle and the measurement of the effective circumference of the wheels.

B. Sealing

The following must be sealed:

(a)
The installation insert, unless it is applied in such a way that it cannot be removed without destruction of the indications;
(b)
The ends of the link between the control device itself and the vehicle;
(c)
The adapter itself and its insertion into the circuit;
(d)
The switching device for vehicles with multiple bridge reports;
(e)
The connections of the adapter and the switching device to the other components of the installation;
(f)
The envelopes provided for in chap. III, sect. A, para. 7 (b).

For specific cases, other seals may be provided for when the device model is approved, and reference to the location of such seals must be made on the approval form.

Only the binding seals referred to in s. (b), (c) and (e) may be removed in such emergency cases; any breakage of such seals shall be justified in writing and shall be made available to the competent authority.

VI. Audits and controls

The Contracting Parties shall designate the bodies which must carry out the checks and controls.

1. Certification of new or repaired instruments

Every single device, whether new or repaired, shall be certified, in respect of its proper functioning and the accuracy of its indications and registrations within the limits set out in chap. III, sect. F, para. 1, by the sealant provided for in chap. V, sect. B, para. (f).

The Contracting Parties may establish, for this purpose, the initial verification, which is the control and confirmation of the conformity of a new or refurbished device with the approved model and/or with the requirements of the Annex, including its Appendices, or delegate certification to manufacturers or their agents.

2. Install

During its installation on board a vehicle, the apparatus and the installation as a whole shall comply with the provisions relating to the maximum permissible errors fixed in chap. III, sect. F, para. 2.

The relevant control tests shall be carried out, under its responsibility, by the installer or approved workshop.

3. Periodic Controls

(a)
Periodic inspections of equipment installed on vehicles shall take place at least every two years and may be carried out, inter alia, in the framework of the technical inspections of motor vehicles.
In particular, they will:
-
The state of operation of the equipment;
-
The presence of the sign of approval on the apparatus;
-
The presence of the installation insert;
-
The integrity of the seals' seals and other components of the facility;
-
Effective circumference of tires.
(b)
Monitoring compliance with the provisions of the chap. III, sect. F, para. 3, relating to maximum tolerated errors in use, shall be carried out at least once every 6 years, with the possibility for any Contracting Party to prescribe a shorter period for vehicles registered in its territory. This control is required to replace the installation insert.

4. Determination of errors

The determination of errors at installation and use shall be made under the following conditions, to be considered as normal test conditions:

-
Empty vehicles under normal conditions of operation;
-
Tire pressure conforming to the manufacturer's specifications;
-
Tyre wear within the limits permitted by the current requirements;
-
Motion of the vehicle: it shall be moved, driven by its own motor, on a straight line, on a flat area, at a speed of 50 ± 5 km/h; the control, provided that it is of comparable accuracy, may also be carried out on a test bench Appropriate.

Status on October 7, 2014

Appendix 1B 1

Provisions relating to the construction, testing, installation and control of digital recording equipment used in road transport

Art. 1 Preamble

1. As this Appendix is an adaptation of Annex 1B to the Regulation (EEC) n O 3821/85 of the Council, dated 20 December 1985, concerning the control apparatus in the field of road transport 1 , the contents of this annex are not reproduced in the AETR because of its volume and its highly technical nature. In order to obtain the full official text and its subsequent amendments, the Contracting Parties will have to refer to the Official Journal of the European Union.

The contents of this Appendix 1B are thus limited to an introduction giving the reference to the relevant texts of the European Union and of the Official Journals in which they have been published and to indicate, to the means of cross references, the Specific points on which this Annex should be adapted to the context of the AETR.

2. In order to facilitate the consultation of this Annex with the adaptations made to take into account the context of the AETR and thus to give an overview of the text [...], a consolidated version of Appendix 1B will be prepared by the secretariat The United Nations Economic Commission for Europe. It will, however, have no force of law. This version, published in the official languages of the UNECE, will be updated as appropriate.


1 As amended by R (EC) n O 2135/98 of the Council, of 24 September. 1998 (OJ L 274, 9 Oct. 1998), as well as by Commission R (EC) n O 1360/2002 of 13 June 2002 (OJ L 207, 5 August 2002, corrigendum OJ L 77, 13 March 2004) and n O 432/2004 of 5 March 2004 (OJ L 71, 10 March 2004)

Art. 2 Introductory Provisions of Appendix 1B
1.
In accordance with para. 1 of the art. 1 above, Contracting Parties are invited to refer to Annex 1B to Commission Regulations (EC) n O 1360/2002 of 13 June 2002 and n O 432/2004 of 5 March 2004 (see footnote below for the dates of their publication in the Official Journal of the European Union) which adapts for the seventh and eighth times technical progress the Regulation (EEC) n O 3821/85 concerning the control apparatus in the field of road transport.
2.
For the purposes of Appendix 1B:
2.1
The words in the left column below should be replaced by the corresponding terms in the right column:

Terms used in Annex 1B

Terms to be used in AETR

Member States

Replaced By

Contracting Parties

EM

PC

Annex (1B)

Appendix (1B)

Appendix

Sub-Appendix

Regulation

Agreement or AETR

Community

CEE-ONU

2.2
The references to the legal texts in the left column below should be replaced by those in the right column:

Legal texts of the European Community

Legal texts under the Economic Commission for Europe

Regulation n O 3820 /85/EEC of the Council

Replaced By

AETR

Guideline n O Council's 92 /23/EEC

ECE Regulation n O 54

Guideline n O 95 /54/EC of the Commission adapting to the technical progress of Council Directive 72/245/EEC

ECE Regulation n O 10

2.3
The list of texts or provisions for which there is no UN/ECE equivalent or which require further information is given below. These texts or information are only mentioned for memory.
2.3.1
The limit set for the adjustment of the speed limitation device, as defined in the I (Definitions) (bb) of Annex 1B/Appendix 1B, is in accordance with the provisions of Directive n O 92 /6/EEC of 10 February 1992 (OJ L 57, 02/03/1992).
2.3.2
The measurement of distances, as defined in the I (Definitions) u) of Annex 1B/Appendix 1B, is in accordance with the provisions of Directive n O 97 /27/EC of the Council, of 22 July 1997, as last amended (OJ L 233, 25/08/1997).
2.3.3
The identification of vehicles, as defined in the I (Definitions), (nn) of Annex 1B/Appendix 1B, shall comply with the provisions of Directive n O 76 /114/EEC of 18 December 1975 (OJ L 24, 30/01/1976).
2.3.4
Safety requirements shall be in accordance with the provisions set out in Recommendation No. O 95 /144/EC of the Council of 7 April 1995 concerning common criteria for the assessment of the security of information technologies (OJ L 93, 26/04/1995).
2.3.5
The protection of natural persons with regard to the processing of personal data and the free movement of such data are in accordance with the provisions of Directive n O 95 /46/EC of the Council, of 24 October 1995, as last amended (OJ L 281, 23/11/1995).
2.4
Other provisions to be amended or deleted:
2.4.1
The text of provision 172 is deleted and replaced by the reference "Reserved".
2.4.2
Provision 174 is amended as follows:
" The distinguishing sign of the Contracting Party having issued the card. The distinctive signs of Contracting Parties not members of the European Union are those defined in the 1968 Vienna Convention on Road Traffic 1 And in the 1949 Geneva Convention on Road Traffic."
2.4.3
The reference to the flag of the European Union, followed by the letters "EM" ("Member State") in Rule 178 is replaced by the letters "PC" ("Contracting Parties"), the flag of the Contracting Parties not members of the European Union Being optional.
2.4.4
Provision 181 is amended as follows:
"In consultation with the UNECE secretariat, Contracting Parties may add colours or marks, such as safety marks, without prejudice to the other provisions of this Appendix."
2.4.5
Section 278 is amended as follows:
"Interoperability tests shall be carried out by a single competent body."
2.4.6
Provisions 291 to 295 are deleted and replaced by "Reserved".
2.4.7
In Appendix 9, Appendix 9 to the AETR (Homologation by type-List of prescribed minimum tests), 1, 1-1, the introductory sentence is amended as follows:
"Approval by type of equipment (or element) of registration or of the tachograph card shall be based on:".



1 Introduced by the mod. From 27 February to 16 June 2006, in force since 16 June 2006 ( RO 2007 2209 ).

Appendix 2 1

Trade mark and approval forms

Approval mark

1. The approval mark shall be composed

-
A rectangle within which the letter "e" is placed followed by a distinguishing number of the country which has granted approval, in accordance with the following conventions:

Germany

-1

Romania

-19

Lithuania

-36

France

-2

Portugal

-20

Turkey

-37

Italy

-3

Poland

-21

Turkmenistan

-38

Netherlands

-4

Russian Federation

-22

Azerbaijan

-39

Sweden

-5

Greece

-23

Former Yugoslav Republic of Macedonia

-40

Belgium

-6

Ireland

-24

Andorra

-41

Hungary

-7

Croatia

-25

Uzbekistan

-44

Czech Republic

-8

Slovenia

-26

Cyprus

-49

Spain

-9

Slovakia

-27

Malta

-50

Serbia

-10

Belarus

-28

Albania

-54

United Kingdom

-11

Estonia

-29

Armenia

55

Austria

-12

Republic of Moldova

-30

Montenegro

-56

Luxembourg

-13

Bosnia and Herzegovina

-31

San Marino

-57

Switzerland

-14

Latvia

-32

Monaco

-59

Norway

16

Liechtenstein

-33

Finland

-17

Bulgaria

-34

Denmark

-18

Kazakhstan

-35

How the following numbers are allocated:

(i)
In countries which are Contracting Parties to the 1958 Agreement on the Adoption of Uniform Conditions of Approval and Reciprocal Recognition of Approval for Motor Vehicle Equipment and Parts, the same figures as those which are Assigned to the said countries in this Agreement;
(ii)
In countries that are not Contracting Parties to the 1958 Agreement, in the chronological order in which they ratify or accede to this Agreement
And an approval number corresponding to the approval form number established for the prototype of the control apparatus or record sheet, placed in any position in the immediate vicinity of the rectangle.

Note: In order to ensure that, in the future, there is compliance between the treaty signs of the 1958 Agreement and those defined in the AETR, the same number should be allocated to the new Contracting Parties by the two Agreements.

2. The approval mark shall be affixed to the nameplate of each device and on each record sheet. It must be indelible and always legible.

3. The dimensions of the approval mark set out below are expressed in mm, these dimensions constituting minima. The relationship between these dimensions must be respected.

Image Image

(1) These figures are for illustrative purposes only.

II. Registration form for products complying with Appendix 1

The Contracting Party which has carried out an approval shall issue to the applicant an approval certificate, drawn up according to the model set out below. For the communication to other Contracting Parties of approvals granted or possible withdrawals, each Contracting Party shall use copies of this document.

Approval sheet

Name of the competent authority

Communication concerning *

-
The approval of a control device model;
-
Withdrawal of approval of a control device model;
-
Registration of a record sheet;
-
Withdrawal of registration of a registration sheet.

Approval number

1.

Trade name or mark

2.

Name of the template

3.

Manufacturer Name

4.

Manufacturer's address

5.

Submitted for approval on

6.

Test Lab

7.

Date and number of laboratory report

8.

Date of approval

9.

Date of withdrawal of approval

10.

Model (s) of control apparatus (s) on which the sheet is intended to be used

11.

Place

12.

Date

13.

In Annex, Descriptive Documents

14.

Remarks

(Signature)

*

Rayer unnecessary mentions.

III. Approval sheet for products complying with Appendix 1B

The Contracting Party which has carried out an approval shall issue to the applicant an approval certificate, drawn up in accordance with the following model. For the communication to other Contracting Parties of approvals granted or possible withdrawals, each Contracting Party shall use copies of this document.

Approval sheet for products complying with Appendix 1B

Name of the competent authority

Communication concerning (1):

Q

Type-approval

Q

Withdrawal of approval

Q

A control device model

Q

Of a control apparatus component (2)

Q

A driver card

Q

A workshop card

Q

A business card

Q

A controller card

Approval number

1.

Trade name or mark

2.

Name of the template

3.

Name of manufacturer

4.

Manufacturer's address

5.

Submitted for approval on

6.

Test Laboratory (s)

7.

Date and number of minutes

8.

Date of approval

9.

Date of withdrawal of approval

10.

Model (s) of the control device component (s) on which the component is intended for use

11.

Place

12.

Date

13.

Descriptive documents attached

14.

Remarks (including location of seals if applicable)

(Signature)

(1)

Check the relevant boxes.

(2)

Specify the component involved in the communication.


1 Updated according to mod. 27 Feb 2004/16 June 2006 ( RO 2007 2209 ) And of 20 seven. 2010, in force for Switzerland since 20 September. 2010 (RO 2010 5727).


Status on October 7, 2014

Appendix 3 1

Types Forms

In accordance with Art. 12 Bis Of this Agreement, road carriers may use the following standard forms in order to facilitate roadside inspections:

1. The ACTIVITY CERTIFICATE FORM is a form to be used when a driver has been on sick leave or on annual leave or when driving another vehicle excluded from the AETR application within the meaning of s. 2 of this Agreement.

Instructions for its use. (Remember as much as possible on the back of the form)

(a)
All fields on this form must be completed. Before the trip , by the transport undertaking and the driver concerned.
(b)
The form text cannot be changed.
(c)
In order to be valid, the form must be signed by both the authorised representative of the transport undertaking and the driver himself. For individual companies, the driver will sign on behalf of the company and once as a driver. Only the original signed document is valid.
(d)
The form can be printed with the company logo. Items 1 through 5 can be pre-printed. The stamp of the undertaking may not replace the signature of the undersigned, but its signature may be accompanied by the stamp.
(e)
Additional national or regional information should be included on the back of the form.
(f)
If this form is established in a language other than English or French, its title, in the national language, shall appear below the English and French titles which must be retained. Titles of headings within the form should be repeated in English when the original document is done in a language other than English (see attached template).

2. (reserved for another form)

Appendix 3 of the Annex to the AETR

Certification of Activities Form * /attestation of activities * (Regulation [EC] n O 561/2006 or AETR* *) / (Regulation [EC] 561/2006 or the AETR* * )

To be completed in typing in Latin characters and to be signed prior to travel / To be filled in by Typing in Latin characters And Signed before a journey .

Attach to the control device records that are to be retained / To be kept with the original control device records wherever they are required to be kept .

False attestations constitute an offence / False attestations constitute an infringement.

Party to be completed by the business (Part to be filled in by the undertaking)

1

Company Name / Name of the undertaking:

2

Street, postal code, city / Street address, postal code, city: ,,

Pays/ Country:

3

Telephone number (including international prefix) / Telephone number (including international prefix):

4

Facsimile number (including international prefix) / Fax number (including international pr E Fix):

5

Email address / E-mail address:

The undersigned (I, the undersigned):

6

Last Name and First Name / Name and first name:

7

Function in Company / Position in the undertaking:

Declares that the driver / Declare that the driver:

8

Last Name and First Name / Name and first name:

9

Date of birth (day/month/year) / Date of birth (day/month/year): //

10

Number of driver's licence or identity card or passport /

Driving licence or identity card or passport number:

11

Who started working in the business on (day/month/year) /

Who has started to work at the underta K Ing on (day/month/year): //

During Period / For the period:

12

Of (hour/day/month/year) / From (hour/day/month/year): ///

13

At (time/day/month/year) / To (hour/day/month/year): ///

14

Was on sick leave * ** / Was on sick leave

15

Was on annual leave * ** / Was on annual leave

16

Was on leave or rest * ** / Was on leave or rest

17

Driving a vehicle excluded from the scope of Regulation (EC) No O 561/2006 or AETR* ** / Vehicle produced from the scope of Regulation (EC) 561/2006 or the AETR

18

Performed other work than driving * ** / Performed other work than driving

19

Was available * ** / Was available

20

Lieu/ Place : Date/ Date :

Bookmark / Signature :

21

The undersigned, driver, confirms that he has not conducted a vehicle falling within the scope of Regulation (EC) No O 561/2006 or AETR during the above period / I, The driver Confirm that I have not been driving a vehicle falling under the scope of Regulation (EC) 561/2006 or the AETR during the period mentioned above .

22

Lieu/ Place : Date/ Date:

Driver's signature (signature of the driver):

*

This form can be obtained electronically and in printable version at the following address: This form is available in electronic and printable versions at the following address: http://www.unece.org/trans/main/sc1/aetr.html

**

European Agreement on the Work of Crews of Vehicles engaged in International Road Transport /European Agreement concerning the Work of Crews of Vehicles engaged in Intern A Tional Road Transport.

***

Check only one of the boxes / Choose only one box .


1 Introduced by the modification of the 20th. 2010, in force for Switzerland since 20 September. 2010 ( RO 2010 5727 ).


Status on October 7, 2014

Scope of application on 7 October 2014 2

States Parties

Ratification

Accession (A)

Statement of Succession (S)

Entry into force

Albania

July 20

2006 A

16 January

2007

Germany *

July 9

1975

5 January

1976

Andorra

13 February

1997 A

August 12

1997

Armenia

9 June

2006 A

6 December

2006

Austria

11 June

1975

5 January

1976

Azerbaijan

August 16

1996 A

12 February

1997

Belarus

5 April

1993 A

2 October

1993

Belgium *

December 30

1977

August 16

1978

Bosnia and Herzegovina

12 January

1994 S

6 March

1992

Bulgaria

12 May

1995 A

8 November

1995

Cyprus

September 5

2003 A

3 March

2004

Croatia

August 3

1992 S

8 October

1991

Denmark *

December 30

1977 A

August 16

1978

Spain *

3 January

1973 A

5 January

1975

Estonia

3 May

1993 A

30 October

1993

Finland *

February 16

1999 A

August 15

1999

France *

9 January

1978

August 18

1978

Georgia *

19 May

2011 A

20 November

2011

Greece

11 January

1974 A

5 January

1976

Hungary

22 October

1999 A

19 April

2000

Ireland *

August 28

1979 A

1 Er March

1980

Italy

28 December

1978

26 June

1979

Kazakhstan

17 July

1995 A

13 January

1996

Latvia

14 January

1994 A

July 13

1994

Liechtenstein

6 November

1996 A

5 May

1997

Lithuania

3 June

1998 A

30 November

1998

Luxembourg *

December 30

1977

August 16

1978

Macedonia

10 November

1999 S

17 November

1991

Malta *

24 September

2004 A

23 March

2005

Moldova

26 May

1993 A

22 November

1993

Monaco *

June 16

2008 A

14 December

2008

Montenegro

23 October

2006 S

3 June

2006

Norway

28 October

1971

5 January

1976

Uzbekistan

22 October

1998 A

19 April

1999

Netherlands *

December 30

1977

August 16

1978

Poland

July 14

1992

10 January

1993

Portugal

September 20

1973

5 January

1976

Czech Republic *

2 June

1993 S

1 Er January

1993

Romania

8 December

1994 A

6 June

1995

United Kingdom *

4 January

1978

August 18

1978

Russia *

July 31

1978 A

27 January

1979

San Marino

April 25

2007 A

21 October

2007

Serbia

12 March

2001 S

April 27

1992

Slovakia *

28 May

1993 S

1 Er January

1993

Slovenia

August 6

1993 S

25 June

1991

Sweden

August 24

1973

5 January

1976

Switzerland

7 April

2000

4 October

2000

Tajikistan

28 December

2011 A

25 June

2012

Turkmenistan

18 September

1996 A

March 17

1997

Turkey

16 January

2001 A

July 16

2001

Ukraine

3 February

2006

2 August

2006

Reservations and declarations.

Reservations and declarations are not published in the RO. The texts in English and French can be found at the United Nations Internet site: http://treaties.un.org/ or obtained from the Directorate of Public International Law (DDIP), International Treaty Section, 3003 Berne.


RO 2003 1765 ; FF 1999 5399


1 RO 2003 1764
2 RO 2003 1798 , 2007 2059, 2011 1611, 2014 3287. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).


Status on October 7, 2014