Annexes to COM(1994)323 - Amendment of Council Regulation (EEC) 3821/85 and Council Directive 88/599/EEC on recording equipment in road transport

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dossier COM(1994)323 - Amendment of Council Regulation (EEC) 3821/85 and Council Directive 88/599/EEC on recording equipment in road transport.
document COM(1994)323 EN
date September 24, 1998
ANNEX

'ANNEX I(B)

REQUIREMENTS FOR CONSTRUCTION, TESTING, INSTALLATION, AND INSPECTION

I. DEFINITIONS

In this Annex:

(a) "recording equipment" means:

the total equipment intended for installation in road vehicles to show, record and store automatically or semi-automatically details of the movement of such vehicles and of certain work periods of their drivers. This equipment includes cables, sensors, an electronic driver information device, one (two) card reader(s) for the insertion of one or two driver memory card(s), an integrated or separate printer, display instruments, facilities for downloading the data memory, facilities to display or print information on demand and facilities for the input of the places where the daily work period begins and ends;

(b) "data memory" means:

an electronic storage system built into the recording equipment, capable of storing at least 365 calendar days from the recording equipment. The memory should be protected in such a way as to prevent unauthorised access to and manipulation of the data and detect any such attempt;

(c) "driver card (with memory)" means:

a removable information transfer and storage device allocated by the authorities of the Member States to each individual driver for the purposes of identification of the driver and storage of essential data. The format and technical specifications of the driver card (with memory) shall meet the requirements laid down in Chapter IV of this Annex;

(d) "the constant of the recording equipment" means:

the numerical characteristic giving the value of the input signal required to show and record a distance travelled of one kilometre; this constant must be expressed either in revolutions per kilometre (k = . . . rev/km) or in impulses per kilometre (k = . . . imp/km);

(e) "characteristic coefficient of the vehicle" means:

the numerical characteristic giving the value of the output signal emitted by the part of the vehicle linking it with the recording equipment (gearbox output shaft or axle) while the vehicle travels a distance of one kilometre under normal test conditions (see Chapter VII(e)). The characteristic coefficient is expressed either in revolutions per kilometre (w = . . . rev/km) or in impulses per kilometre (w = . . . imp/km);

(f) "effective circumference of the wheel tyres" means:

the average of the distances travelled by each of the wheels moving the vehicle (driving wheels) in the course of one complete rotation. The measurement of these distances must be made under normal test conditions (see Chapter VII(e)) and is expressed in the form "l = . . . mm"; where appropriate measurement of these distances may be based on a theoretical calculation which takes into account the distribution of the maximum authorised weight on the axles;

(g) "test station card" means:

a removable data transfer and storage device for use in the card reader of the recording equipment, issued by the authorities of the Member States to their authorised bodies. The test station card identifies the body and allows for testing, calibration and programming of the recording equipment;

(h) "control card" means:

a removable data transfer and storage device for use in the card reader of the recording equipment, issued by the authorities of the Member States to competent authorities to get access to the data stored in the data memory or in the driver cards for reading, printing and/or downloading;

(i) "company data card" means:

a removable data transfer and storage device issued by the Member State's authorities to the owner of vehicles fitted with recording equipment.

The company data card allows for displaying, downloading and printing of the data stored in the (item of) recording equipment fitted in the company's vehicle(s);

(j) "calendar day" means:

a day ranging from 00.00 hours to 24.00 hours. All calendar days relate to UTC time (universal time coordinated);

(k) "downloading" means:

copy of a part or of a complete set of data stored in the data memory of the vehicle or in the memory of the driver card.

Downloading may not alter or delete any stored data.

Downloaded data are protected in such a way as to make attempts to data manipulation detectable; origin of downloaded data must be authenticatable.

Downloaded data are kept in a format that can be used by any authorised person;

(l) "vehicle identification" means:

number(s) identifying the vehicle on the basis of its VIN and/or its VRN.

II. GENERAL CHARACTERISTICS AND FUNCTIONS OF RECORDING EQUIPMENT

The equipment must be able to record, store, display and print the following:

(a) recording and storing in the data memory

1. distance travelled by the vehicle with an accuracy of 1 km;

2. speed of the vehicle;

2.1. momentary speed of the vehicle at a frequency of 1 s for the last 24 hours of use of the vehicle;

2.2. exceeding the authorised speed of the vehicle, defined as any period of more than 1 minute during which the vehicle speed exceeds 90 km/h for N3 vehicles or 105 km/h for M3 vehicles (with time, date, maximum speed of the overspeeding, average speed during the period concerned);

3. periods of driving time (times and dates), with an accuracy of 1 minute;

4. other periods of work or of availability (times and dates) with an accuracy of 1 minute;

5. breaks from work and daily rest periods (times and dates) with an accuracy of 1 minute;

6. for electronic recording equipment which is equipment operated by signals transmitted electrically from the distance and speed sensor, any interruption exceeding 100 milliseconds in the power supply of the recording equipment (except lighting), in the power supply of the distance and speed sensor and any interruption in the signal lead to the distance and speed sensor, with date, time, duration and driver card issue number;

7. the driver card issue number with times and dates of insertion and removal;

8. for each driver card that is inserted for the first time after it was used in another item of recording equipment:

- current driving time since the last break or rest period,

- driving time for the day after the last rest period of at least eight hours,

- driving times for the day between two rest periods of at least eight hours for the preceding 27 calendar days with date, time and duration,

- total of the driving times for the current week and the preceding week and the total of the driving times of the two completed preceding weeks,

- rest periods of at least eight hours' duration for the day and the preceding 27 calendar days in each case with date, time and duration,

- the VRN of the vehicles driven;

9. date, time and duration of driving without an inserted or a functioning driver card;

10. data recorded on the places at which the daily work period began and ended;

11. automatically identifiable system faults of the recording equipment with date, time and driver card issue number;

12. faults in the driver card with date and time and driver card issue number;

13. workshop card number of the authorised fitter or workshop with date of at least the last installation inspection and/or periodic inspection of the recording equipment in accordance with Chapter VII(c) and (d);

14. control card number with date of control card insertion and type of control (display, printing, downloading). In case of downloading, period downloaded should be recorded;

15. time adjustment with date, time and card issue number;

16. driving status (single/crew driving - driver/co-driver);

(b) storing on the driver card

1. the essential data for the periods listed under point (a)(3), (4) and (5) for a period of at least the last 28 calendar days combined with the "VRN" identification of the vehicle driven and the data under point (a)(10), (14) and (16);

2. the events and faults according to point (a)(6), (11) and (15) with the "VRN" identification of the vehicle driven;

2.1. date and time of insertion and removal of the driver card and distance travelled during the corresponding period;

2.2. date and time of insertion and removal of the co-driver card with issue number;

3. data must be recorded and stored on the driver card in such a way as to rule out any possibility of falsification;

(c) recording and storing in the case of two drivers

for vehicles used by two drivers the driving time listed under point (a)(3) must be recorded and stored on the driver card of the driver who is driving the vehicle. The equipment must record and store in the data memory and on the two driver cards simultaneously but distinctly details of the information listed under point (a)(4) and (5);

(d) displaying or printing on request for an authorised user

1. driver card issue number, expiry date of the card;

2. the surname and first name of the driver who is the cardholder;

3. current driving time since the last break or rest period;

4. driving time for the day after the last rest period of at least eight hours;

5. driving times for the day between two rest periods of at least eight hours for the preceding 27 calendar days on which the driver has driven, with date, time and duration;

6. total of the driving times for the current week and the preceding week and the total times for the two completed preceding weeks;

7. the other periods of work and availability;

8. rest periods of at last eight hours' duration for the day and the preceding 27 days in each case with date, time and duration;

9. "VRN" identification of vehicles driven for at least the last 28 calendar days with the distance travelled per vehicle and day, time of first insertion and last removal of the driver card and the time of change of vehicle;

10. time adjustment with date, time and card issue number;

11. interruption of power supply to the recording equipment with date, time, duration and driver card issue number (as defined in point (a)(6));

12. sensor interruption with date, time, duration and driver card issue number (as defined in point (a)(6));

13. the "VIN" and/or "VRN" identification of the vehicle driven;

14. driving without driver card as defined in point (a)(9) for the last 28 calendar days;

15. details of the information stored concerning the driver (as defined in point (c));

16. recorded data on the places where the daily work period began and ended;

17. the automatically identifiable system faults of the recording equipment with date, time and driver card issue number;

18. the faults in the driver card with date and time and driver card issue number;

19. control card number with date of control card insertion and type of control (display, printing, downloading). In the case of downloading, period downloaded should be recorded;

20. exceeding the authorised speed as defined in point (a)(2.2), with date, time and driver card issue number for the current week and in any case including the last day of the previous week;

21. summary reports whereby compliance with Regulations (EEC) No 3820/85 and (EEC) No 3821/85 and Directive 88/599/EEC can be checked.

III. CONSTRUCTION AND FUNCTIONAL REQUIREMENTS FOR RECORDING EQUIPMENT

(a) General points

1.1. Any inclusion in or connection to the recording equipment of any device, or devices, approved or otherwise, must not interfere with, or be capable of interfering with, the proper operation of the recording equipment. The recording equipment must be submitted for approval complete with any such included devices.

1.2. The recording equipment must be capable of operating correctly in all the climatic conditions normally encountered in Community territory.

2. Materials

2.1. All the constituent parts of the recording equipment must be made of materials of sufficient stability and mechanical strength and with stable electrical and magnetic characteristics.

2.2. Any modification in a constituent part of the equipment or in the nature of the materials used for its manufacture must, before being used, be submitted for approval to the authority which granted type-approval for the recording equipment.

3. Measurement of distance travelled

The distance travelled may be measured and recorded either:

- so as to include both forward and reverse movements, or

- so as to include only forward movement.

Any recording of reversing movements must on no account affect the clarity and accuracy of the other recordings.

4. Measurement of speed

4.1. The range of speed measurement must be as stated in the type-approval certificate.

4.2. The natural frequency and the damping of the measuring device must be such that the instruments showing and recording the speed can, within the range of measurements, follow acceleration changes of up to 2 m/s2, within the limits of accepted tolerances.

5. Measurement of time (clock)

Time is digital. Update is performed (if necessary) at the authorised workshop. The internal clock time is UTC. The driver can change the offset of the time displayed on the display screen.

5.1. The measurement of time is effected automatically in the recording equipment.

5.2. The clock time in the memory can be reset only when an authorised workshop card is inserted.

6. Lighting and protection

6.1. The visual instruments of the equipment must be provided with adequate non-dazzling lighting.

6.2. For normal conditions of use, all the internal parts of the equipment must be protected against damp and dust. In addition, they must be made tamper-proof by means of casings capable of being sealed.

6.3. Protection against electrical interference and magnetic fields must be provided complying with standards for electronics in vehicles.

6.4. The cables connecting the recording equipment to the transmitter must be protected by electronic monitoring, such as signal encryption, capable of detecting the presence within that part of the system of any device, not otherwise necessary for the correct operation of the recording equipment, which is capable of preventing the accurate operation of the recording equipment by any short circuit, interruption or modification of the electronic data from the speed and distance sensor, or by the duplication of any other approved devices, when that device is connected and put into operation.

6.5. The total system, including the connections to the speed and distance sensor must be tamper-proof.

6.6. The recording equipment must self-detect faults.

(b) Visual instruments

Indications must be visible from outside the recording equipment and give a clear, plain and unambiguous reading including where there are two drivers.

The display instrument must enable the information referred to in Chapter II(d) to be displayed on request. The request can take place selectively or sequentially.

(c) Warning signals

1. A warning to the driver of at least 30 seconds if the vehicle is driven:

- without the driver card in place,

- with a malfunctioning card,

- with the driver card in the wrong slot,

- when the recording equipment has detected one or more cases of internal malfunctioning, in particular those referred to in Chapter II(d)(17) and (18),

- above the speed limit as defined in Chapter II(a)(2.2).

2. A warning to the driver before exceeding four and a half hours driving time per period of driving time and nine hours daily driving time, 15 minutes before and at the time of exceeding the limit.

3. A warning to the driver, 15 minutes before and at the time of failing to observe the required eight hours daily rest period within the last 24 hours.

4. Additional warnings may be installed at the request of the vehicle owner.

5. Format of the warnings

Warnings may be either auditory or visual, or a combination of both and must be clearly recognisable by the user.

(d) Memory

1. The periods of time referred to in Chapter II(a)(3), (4) and (5) must be stored whenever there is any change of activity or status.

2. The period of driving time must always be stored automatically when the vehicle is in motion.

3. The other periods of time as indicated in Article 15(3), second indent (b), (c) and (d) of the Regulation must always be stored separately through the operation where necessary of an activity selection device.

(e) Markings

1. The following details must appear on the instrument face of the recording equipment:

- near the figure indicating the distance, the unit of measurement of distance, indicated by the abbreviation "km",

- near the figure showing the speed, the entry "km/h".

2. The descriptive plaque must be visible on the recording equipment and must show the following details:

- name and address of the manufacturer of the equipment,

- manufacturer's number and year of manufacture of the equipment,

- approval mark for the recording equipment type,

- the constant of the recording equipment in the form "k = . . . rev/km" or "k = . . . imp/km",

- optionally, the range of speed measurements, in the form indicated in 1.

This information may also be shown on demand by the recording equipment.

(f) Maximum tolerances (display and recording instruments)

1. The maximum tolerances relate to distance travelled, speed and time and are measured on the dynamometer before installation and, under the circumstances referred to in Chapter VII, on installation, during periodic inspection and in use.

2. The maximum tolerances set out in 1 are valid for extreme temperatures corresponding to climatic conditions normally encountered in Community territory.

IV. CARDS WITH MEMORY

A. DRIVER CARD (WITH MEMORY)

1. Insertion/removal

The recording equipment must be so designed that the driver card (with memory) is locked in position on its proper insertion into the card reader and that the relevant driver card data are automatically stored in the data memory of the recording equipment. The release of the driver card may function only when the vehicle is stationary and after the relevant data have been stored on the driver card.

2. Memory capacity of the driver card

The capacity of the driver card must be sufficient to store at least 28 calendar days of data referred to in Chapter II(c) for the actual driver. Should the data card be full the new data will replace the oldest data.

3. Visible data

Page 1 will contain:

(a) the words "Driver card" printed in large type in the official language or languages of the Member State issuing the card;

"Driver card" in the other official languages of the Community, printed to form the background of the licence:

es: TARJETA DEL CONDUCTOR

dk: FØRERKORT

de: FAHRERKARTE

el: ÊÁÑÔÁ ÏÄÇÃÏÕ

en: DRIVER CARD

fr: CARTE DE CONDUCTEUR

ga: CÁRTA TIOMÁNAÍ

it: CARTA DEL CONDUCENTE

nl: BESTUURDERSKAART

pt: CARTÃO DE CONDUTOR

fi: KULJETTAJAKORTTI

sv: FÖRARKORT;

(b) the name of the Member States issuing the card (optional);

(c) the distinguishing sign of the Member States issuing the card, printed in negative in a blue rectangle and encircled by 12 yellow stars; the distinguishing signs shall be as follows:

B Belgium

DK Denmark

D Germany

GR Greece

E Spain

F France

IRL Ireland

I Italy

L Luxembourg

NL The Netherlands

A Austria

P Portugal

FIN Finland

S Sweden

UK The United Kingdom

(d) information specific to the card issued, numbered as follows:

1. surname of the holder;

2. first name(s) of the holder;

3. date and place of birth;

4. (a) date of issue of the card;

(b) date of expiry of the card;

(c) the name of the issuing authority (may be printed on page 2);

(d) a different number from the one under heading 5, for administrative purposes (optional);

5. (a) driving licence number including number of replacement issue;

(b) driver card issue number including index number of replacement issue;

6. photograph of the holder;

7. signature of the holder;

8. normal place of residence, or postal address of the holder (optional).

The data referred to in 1, 2, 3, 4(b) and 5(a) and (b) will also be stored in the driver card memory.

Page 2 will contain:

(a) an explanation of the numbered items which appear on pages 1 and 2 of the card;

(b) with the specific written agreement of the holder, information which is not related to the administration of the driver card may also be added, such addition will not alter in any way the use of the model as a driver card.

>REFERENCE TO A GRAPHIC>

4. Standards

The driver card and recording equipment must conform to the following standards:

- ISO 7810,

- ISO 7816-1,

- ISO 7816-2,

- ISO 7816-3,

- draft ISO 7816-4,

- draft ISO 10373,

- the detailed functional specifications defined within systems of identification cards intended for use in surface transport.

5. Security, including data protection

The various components of the driver card are intended to exclude any falsification or tampering and to detect any attempt of that kind.

6. Temperature range

The driver card must be capable of operating correctly in all the climatic conditions normally encountered in Community territory.

7. Lifetime

The card must be capable of operating correctly for a five-year period if used within the environmental and electrical specifications.

8. Electrical characteristics

The electrical characteristics of the card must correspond to the specifications applicable to electronics in vehicles.

9. Logical structure of the driver card

The logical structure of the card must be defined in such a way as to guarantee its proper operation and its compatibility with any recording equipment complying with this Annex.

10. Functions and commands

The card's functions and commands must cover all the functions referred to in Chapter I(c) and Chapter II(b).

11. Elementary files

The specifications of elementary files must be within the framework of the standards referred to in 4.

12. Special provisions

After consulting the Commission, Member States may add colours or markings, such as national symbols and security features, without prejudice to the other provisions of this Annex.

B. TEST STATION CARD (WITH MEMORY), CONTROL CARD (WITH MEMORY) AND COMPANY DATA CARD (WITH MEMORY)

The specifications of the test station, control and company data cards (with memory) must be such that they operate correctly when used as provided for in Chapter I(g), (h) and (i) and are compatible with any recording equipment complying with this Annex. The structure of the cards must be so designed as to give access only to the authorised user and only for the exercise of the functions which each card is intended to fulfil.

V. PRINTER AND STANDARD PRINT-OUTS

1. Printers must be so designed as to produce the print-outs referred to in Chapter II(d) with a degree of definition likely to avoid any ambiguity when they are read. Print-outs must remain clearly legible and identifiable under normal conditions of storage for at least one year.

They must retain their dimensions and recordings under normal conditions of humidity and temperature.

It must also be possible to add handwritten notes, such as the driver's signature, to these documents.

2. The minimum capacity of print-outs, whatever their form, must be sufficient to allow the printing of the information referred to in Chapter II(d).

If several print-outs have to be linked together to increase printing capacity, the links between the various documents must be made in such a way that there are no breaks in the data at the points linked which could jeopardise interpretation of the data.

VI. INSTALLATION OF RECORDING EQUIPMENT

(a) Installation

1. The recording equipment must be protected against accidental damage.

2. It must be possible for authorised agents to adapt the constant of the recording equipment to the characteristic coefficient of the vehicle by means of a suitable device, to be known as an adaptor.

Vehicles with two or more axle ratios must be fitted with a switch device whereby these various ratios will automatically be brought into line with the ratio for which the equipment has been adapted to the vehicle by the adaptor.

(b) Installation plaque

After the equipment has been checked on installation, an installation plaque which is clearly visible must be affixed on, in or beside the equipment. After every inspection by an approved fitter or workshop requiring a change in the calibration of the installation, a new plaque must be affixed in place of the previous one.

The plaque must bear at least the following details:

- name, address or trade name of the approved fitter or workshop,

- characteristic coefficient of the vehicle, in the form "w = . . . rev/km" or "w = . . . imp/km",

- effective circumference of the wheel tyres in the form "l = . . . mm",

- the date on which the characteristic coefficient of the vehicle was determined and the effective circumference of the wheel tyres measured,

- the last eight digits of the chassis number of the vehicle.

(c) Sealing

1. The following parts must be sealed:

(a) any connection which, if disconnected, would cause undetectable alterations to be made or data to be lost;

(b) any cover giving access to the circuits or mechanisms, any alteration of which would affect the proper operation of the recording equipment or which would allow unauthorised alteration of the equipment's characteristics;

(c) the installation plaque, unless it is attached in such a way that it cannot be removed without the markings thereon being destroyed.

2. In all cases, the location of the seals must be mentioned on the type-approval certificate and their effectiveness tested as part of the type-approval procedures.

3. The seals mentioned in 1(b) may be removed:

- in case of emergency,

- to install, to adjust or to repair a speed limitation device or any other device contributing to road safety, provided that the recording equipment continues to function reliably and correctly and is resealed by an approved fitter or workshop (in accordance with Chapter VII) immediately after fitting the speed limitation device or any other device contributing to road safety or within seven days in other cases.

On each occasion that these seals are broken a written statement giving the reasons for such action must be prepared and made available to the competent authority.

VII. CHECKS AND INSPECTIONS

(a) Approval of test stations (fitters and workshops)

The Member States will nominate the bodies to carry out the checks and inspections.

(b) Certification of new or repaired instruments

Every individual device, whether new or repaired, must be certified in respect of its proper operation and the accuracy of its readings and recordings, within the limits laid down in Chapter III(f)(1) by means of sealing in accordance with Chapter VI(c)(1) or equivalent digital information in the data memory of the recording equipment.

(c) Installation inspection and programming

1. When being fitted to a vehicle, the recording equipment and the whole installation must comply with the provisions relating to maximum tolerances laid down in Chapter III(f)(2).

2. The following programming of the recording equipment must be carried out:

- the date of the installation test,

- the universal time coordinated (UTC),

- the "VIN" and "VRN" vehicle identification,

- the number of the workshop card of the approved fitter or approved workshop.

(d) Periodic inspections

1. Periodic inspections of the equipment fitted to vehicles must take place after any repair of the equipment or after any alteration of the characteristic coefficient of the vehicle or of the effective circumference of the tyres or at least once within two years of the last inspection; they may be carried out in conjunction with roadworthiness tests on vehicles.

These inspections must include at least the following checks:

- that the recording equipment is working properly, including the downloading of data to and from the workshop card,

- that compliance with the provisions of Chapter III(f)(2) on the maximum tolerances on installation is ensured,

- that the recording equipment carries the type-approval mark,

- that the installation plaque is affixed,

- that the seals on the equipment and on the other parts of the installation are intact,

- the actual circumference of the tyres.

2. The following programming of the recording equipment must be carried out:

- the date of the periodic inspection,

- the universal time coordinated (UTC),

- the "VIN" and "VRN" vehicle identification,

- the number of the card of the approved workshop.

3. Such inspections must include replacement of the installation plaque or equivalent digital information in the data memory of the recording equipment.

(e) Measurement of errors

The measurement of errors on installation and during use must be carried out under the following conditions, which are to be regarded as constituting standard test conditions:

- vehicle unladen, in normal running order,

- tyre pressures in accordance with the manufacturer's instructions,

- tyre wear within the limits allowed by national law,

- vehicle movement: the vehicle must advance under its own engine power in a straight line on level ground and at a speed of 50 ± 5 km/h. The measuring distance must be at least 1 000 m,

- provided that it is of comparable accuracy, an appropriate dynamometer may also be used for the test.`