Par starptautisko līgumu un tā tulkojumu

Ārlietu ministrijas informācija Rīgā 2014.gada 13.maijā Par starptautisko līgumu un tā tulkojumu Ārlietu ministrija nosūta publicēšanai:

1970. gada 1. jūnija "Eiropas valstu līguma attiecībā uz transportlīdzekļu apkalpju darbu starptautiskajos autopārvadājumos" (AETR) konsolidēto tekstu ar grozījumiem, kas saskaņā ar AETR 21. pantu veikti līdz 2010. gada 10. septembrim, angļu un latviešu valodā.

Ārlietu ministrijas Juridiskā departamenta direktore I.Mangule European agreement concerning the work of crews of vehicles engaged in international road transport (AETR) (Consolidated version*) * This consolidated version does not replace the only authentic text, namely the text of the European agreement concerning the work of crews of vehicles engaged in international road transport (AETR), of 1 July 1970, deposited with the Secretary-General of the United Nations. It has for unique objective to facilitate the understanding and reading of the AETR and comprises the original Agreement (E/ECE/811;

E/ECE/TRANS/564), the amendments 1-4 (E/ECE/811;

E/ECE/TRANS/564/Amend. 1-4) which entered into force respectively on 3 August 1983, 24 April 1992, 28 February 1995 and 27 February 2004, the fifth amendment (ECE/TRANS/SC.1/375/Add.1) which entered into force on 16 June 2006, as well as the sixth and most recent amendment ((ECE/TRANS/SC.1/386/Add.1) entered into force on 20 September 2010.

The Contracting Parties, Being desirous of promoting the development and improvement of the international transport of passengers and goods by road, Convinced of the need to increase the safety of road traffic, to make regulations governing certain conditions of employment in international road transport in accordance with the principles of the International Labour Organisation, and jointly to adopt certain measures to ensure the observance of those regulations, HAVE AGREED as follows:

Article 1Definitions

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 self-propelled road vehicle which is normally used for carrying persons or goods by road or for drawing, on the road, vehicles used for the carriage of persons or goods; this term does not include agricultural tractors; (c) "trailer" means any vehicle designed to be drawn by a motor vehicle and includes semi-trailers; (d) "semi-trailer" means any trailer designed to be coupled to a motor vehicle in such a way that part of it rests on the motor vehicle and that a substantial part of its weight and of the weight of its load is borne by the motor vehicle; (e) "combination of vehicles" means coupled vehicles which travel on the road as a unit; (f) "permissible maximum mass"1 means the maximum mass of the laden vehicle declared permissible by the competent authority of the State in which the vehicle is registered; (g) "carriage by road"2 means any journey made entirely or in part on roads open to the public of a vehicle, whether laden or not, used for the carriage of passengers or goods; (h) "international road transport" ["international carriage by road"] means road transport which involves the crossing of at least one frontier; (i) "regular services"3 means services which provide for the carriage of passengers at specified intervals along specified routes, passengers being taken up and set down at predetermined stopping points.

Rules governing the operations of services or documents taking the place thereof, approved by the competent authorities of Contracting Parties and published by the carrier before coming into operation, shall specify the conditions of carriage and in particular the frequency of services, timetables, fare tables and the obligation to accept passengers for carriage, insofar as such conditions are not prescribed by any law or regulation.

Services by whomsoever organized, which provide for the carriage of specified categories of passengers to the exclusion of other passengers, insofar as such services are operated under the conditions specified in the first subparagraph of this definition, shall be deemed to be regular services. Such services, in particular those providing for the carriage of workers to and from their place of work or of schoolchildren to and from school, are hereinafter called "special regular services"; (j) "driver"4 means any person, whether wage-earning or not, who drives the vehicle even for a short period, or who is carried on a vehicle as part of his duties in order to be available for driving if necessary; (k) "crew member" means the driver or either of the following, whether wage-earning or not: (i) a driver's mate, i.e. any person accompanying the driver in order to assist him in certain manoeuvres and habitually taking an effective part in the transport operations, though not a driver in the sense of paragraph (j) of this article; (ii) a conductor, i.e. any person who accompanies the driver of a vehicle engaged in the carriage of passengers and is responsible in particular for the issue or checking of tickets or other documents entitling passengers to travel on the vehicle; (l) "week"5 means the period between 0000 hours on Monday and 2400 hours on Sunday; (m) "rest"6 means any uninterrupted period during which the driver may freely dispose of his time; (n)7 "Break" means any period during which a driver may not carry out any driving or any other work and which is used exclusively for recuperation; (o) "Daily rest period" means the daily period during which a driver may freely dispose of his time and covers a 'regular daily rest period' and a 'reduced daily rest period': (i) "Regular daily rest period" means any period of rest of at least 11 hours. Alternatively, this regular daily rest period may be taken in two periods, the first of which must be an uninterrupted period of at least 3 hours and the second an uninterrupted period of at least 9 hours; (ii) "Reduced daily rest period" means any period of rest of at least 9 hours but less than 11 hours; (p) "Weekly rest period" means the weekly period during which a driver may freely dispose of his time and covers a 'regular weekly rest period' and a 'reduced weekly rest period': (i) "Regular weekly rest period" means any period of rest of at least 45 hours; (ii) "Reduced weekly rest period" means any period of rest of less than 45 hours, which may, subject to the conditions laid down in article 8, paragraph (6), of the

Agreement be shortened to a minimum of 24 consecutive hours; (q) "Other work" means all working activities except driving, including any work for the same or another employer, within or outside of the transport sector. It does not include waiting time and time not devoted to driving spent in a vehicle in motion, a ferryboat or a train; (r) "Driving time" means the duration of driving activity recorded automatically or semi-automatically or manually in the conditions defined in this Agreement; (s) "Daily driving time" means the total accumulated driving time between the end of one daily rest period and the beginning of the following daily rest period or between a daily rest period and a weekly rest period; (t) "Weekly driving time" means the total accumulated driving time during a week; (u) "Driving period" means the accumulated driving time from when a driver commences driving following a rest period or a break until he takes a rest period or a break. The driving period may be continuous or broken; (v) "Multi-manning" means the situation where, during each period of driving between any two consecutive daily rest periods, or between a daily rest period and a weekly rest period, there are at least two drivers in the vehicle to do the driving. For the first hour of multi-manning the presence of another driver or drivers is optional, but for the remainder of the period it is compulsory; (w) "Transport undertaking" means any natural person, any legal person, any association or group of persons without legal personality, whether profit-making or not, or any official body, whether having its own legal personality or being dependent upon an authority having such a personality, which engages in carriage by road, whether for hire or reward or for own account.

Article 28Scope

Article 39Application of some provisions of the Agreement to road transport

performed by vehicles registered in the territories of non-Contracting States 1. Each Contracting Party shall apply in its territory, in respect of international road transport performed by any vehicle registered in the territory of a State which is not a Contracting Party to this Agreement, provisions not less strict than those laid down in articles 5, 6, 7, 8, 9 and 10 of this Agreement.

2.(a) However, it shall be open to any Contracting Party, in the case of a vehicle registered in a State which is not a Contracting Party to this Agreement, merely to require, in lieu of a control device conforming to the specifications in the Annex to this Agreement, daily record sheets completed manually by each crew member for the period of time from the moment of entry into the territory of the first Contracting Party. (b) For this purpose, each crew member shall write on his record sheet the information concerning his professional activities and rest periods, using the appropriate graphic symbols as defined in article 12 of the Annex to this Agreement.

Article 410General principles

Each Contracting Party may apply higher minima or lower maxima than those laid down in articles 5 to 8 inclusive. Nevertheless, the provisions of this Agreement shall remain applicable to drivers, engaged in international road transport operations on vehicles registered in another Contracting or non-Contracting State.

Article 511Crews

Any driver engaged in the carriage of passengers on journeys beyond a 50 kilometre radius from the place where the vehicle is normally based must also fulfil one of the following conditions: (a) he must have worked for at least one year in the carriage of goods as a driver of vehicles with a permissible maximum weight exceeding 3.5 tonnes; (b) he must have worked for at least one year as a driver of vehicles used to provide passenger services on journeys within a 50 kilometre radius from the place where the vehicle is normally based, or other types of passenger services not subject to this Agreement provided the competent authority considers that he has by so doing acquired the necessary experience; (c) he must hold a certificate of professional competence recognized by one of the Contracting Parties confirming that he has completed a training course for drivers of vehicles intended for the carriage of passengers by road.

Article 612Driving periods

Article 713Breaks

Article 814Rest periods

If the portion of the daily rest period which falls within that 24-hour period is at least 9 hours but less than 11 hours, then the daily rest period in question shall be regarded as a reduced daily rest period.

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

A weekly rest period shall start no later than at the end of six 24-hour periods from the end of the previous weekly rest period. (b) By way of derogation from paragraph 6 (a), a driver engaged in a single service of international carriage of passengers, other than a regular service, may postpone the weekly rest period for up to twelve consecutive 24-hour periods following a previous regular weekly rest period, provided that: (i) the service lasts at least 24 consecutive hours in a Contracting Party or a third country other than the one in which the service started, and (ii) the driver takes after the use of the derogation: a. either two regular weekly rest periods, or b. one regular weekly rest period and one reduced weekly rest period of at least 24 hours. However, the reduction shall be compensated by an equivalent period of rest taken en bloc before the end of the third week following the end of the derogation period, and (iii) four years after the country of registration has implemented the digital tachograph, the vehicle is equipped with recording equipment in accordance with the requirements of Appendix 1B of the Annex, and (iv) after 1 January 2014, in case of driving during the period from 22:00 to 06:00, the vehicle is multi-manned or the driving period referred to in Article 7 is reduced to three hours. (c) By way of derogation from paragraph 6 (a), drivers who are engaged in multi manning shall take each week a regular weekly rest period of at least 45 hours. This period may be reduced to a minimum of 24 hours (reduced weekly rest period). However, each reduction shall be compensated by an equivalent period of rest taken en bloc before the end of the third week following the week in question.

A weekly rest period shall start no later than at the end of six 24-hour periods from the end of the previous weekly rest period.

Article 8bis15

Derogations from article 8 1. By way of derogation from article 8, where a driver accompanies a vehicle which is transported by ferryboat or train and takes a regular daily rest period, that period may be interrupted not more than twice by other activities provided the following conditions are fulfilled: (a) That part of the daily rest period spent on land must be able to be taken before or after the portion of the daily rest period taken on board the ferryboat or the train; (b) The period between the portions of the daily rest period must be as short as possible and may on no account exceed a total of one hour before embarkation or after disembarkation, customs formalities being included in the embarkation or disembarkation operations.

During all the portions of the daily rest period, the driver shall have access to a bunk or couchette.

Article 916Exceptions

Provided that road safety is not thereby jeopardized and to enable him to reach a suitable stopping place, the driver may depart from the provisions of this Agreement to the extent necessary to ensure the safety of persons, of the vehicle or of its load. The driver shall indicate the nature of and reason for his departure from those provisions on the record sheet or on a printout of the control device or in his duty roster, at the latest on arrival at a suitable stopping place.

Article 1017Control device

3821/85 of 20 December 1985 as regards construction, installation, use and testing shall be considered as conforming to the requirements of this Agreement and the Annex and Appendices thereto.

Article 1118Supervision by the undertaking

Without prejudice to the right of Contracting Parties to hold transport undertakings fully liable, Contracting Parties may make this liability conditional on the undertaking's infringement of paragraphs 1 and 2. Contracting Parties may consider any evidence that the transport undertaking cannot reasonably be held responsible for the infringement committed.

Article 1219Measures of enforcement of the Agreement

These checks shall be carried out without discrimination among vehicles, undertakings and drivers whether resident or not, and regardless of the origin or destination of the journey or type of tachograph. (c) The elements of checks on the premises of undertakings shall include, apart from the elements subject to roadside checks and compliance with the provisions of article 11, paragraph 2, of the Annex: (i) Weekly rest periods and driving periods between these rest periods; (ii) Two-weekly limits on hours of driving; (iii) Compensation for weekly rest periods reduced in accordance with article 8, paragraph 6; (iv) Use of record sheets and/or vehicle unit and driver card data and printouts and/or the organization of drivers' working time.

In case of serious breaches, such information shall include the penalty imposed.

6.(a) A Contracting Party shall authorize its competent authorities to impose a penalty on a driver for an infringement of this Agreement detected on its territory and for which a penalty has not already been imposed, even if that infringement has been committed in the territory of another Contracting Party or of a non-Contracting Party; (b) A Contracting Party shall authorize its competent authorities to impose a penalty on an undertaking for an infringement of this Agreement detected on its territory and for which a penalty has not already been imposed, even if that infringement has been committed in the territory of another Contracting Party or of a non-Contracting Party.

By way of exception, when an infringement is detected which has been committed by an undertaking established in another Contracting Party or in a non-Contracting Party, the imposing of sanctions shall conform to the procedure foreseen in the bilateral road transport agreement between the Parties concerned.

Contracting Parties will examine, starting from 2011, the possibility of removing the exception in paragraph 6 (b), on the basis of the readiness of all Contracting Parties.

Article 12bis20

Model standardized forms 1. To facilitate international roadside checks, model standardized forms will be introduced, for use when required, in the Annex to this Agreement, which will be supplemented accordingly by a new Appendix 3. These forms will be introduced or amended in accordance with the procedure defined in article 22 ter.

However, if they are used, they shall respect the contents as defined, in particular the numbering, order and titles of items.

Article 1321Transitional provisions

In consequence, all vehicles covered by this Agreement, put into service for the first time after the expiry of this period, shall be equipped with a control device conforming to these new requirements. During this four-year period, Contracting Parties, which have not yet implemented these amendments in their countries, shall accept and control on their territory vehicles registered in another Contracting Party to this Agreement, which are already equipped with such a digital control device.

2.(a) The Contracting Parties shall take the necessary steps to be able to issue the driver cards referred to in the Annex to the present Agreement, as amended, at latest three months before the expiry of the four-year deadline referred to in paragraph 1.

This minimum period of three months shall also be complied with in the event of the implementation by a Contracting Party of the provisions relating to the digital control device in conformity with Appendix 1B to this Annex before the expiry of the four-year deadline. Such Contracting Parties shall keep the secretariat of the Working Party on Road Transport of the Economic Commission for Europe informed of progress in the introduction of the digital control device in conformity with Appendix 1B to this Annex within its territory. (b) Pending the issue by Contracting Parties of the cards referred to in (a), the provisions of article 14 of the Annex to this Agreement shall apply to drivers who may be required to drive vehicles fitted with a digital control device in accordance with Appendix 1B to this Annex.

If accession takes place less than two years before the expiry of the deadline referred to in paragraph 1, the State shall inform the depositary of the date on which the digital control device will be brought into effective use in its territory when it deposits its instrument of ratification or accession. Such State may make use of a transitional period not exceeding two years from the date of entry into force of the Agreement for the State. The depositary shall so inform all Contracting Parties.

The provisions of the preceding paragraph shall also apply in the event of the accession of a State after the expiry of the four-year deadline for implementation referred to in paragraph 1.

Article 13bis22

Transitional provisions The provisions referred to at the end of article 12, paragraphs 7 (a) and 7 (b), of the Annex to this Agreement shall apply three months after the present amendment has entered into force.

Article 14Final provisions

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

Article 151. Any Contracting Party may denounce this Agreement by notice

addressed to the Secretary-General of the United Nations.

Article 16This Agreement shall cease to have effect if for any period of

twelve consecutive months after its entry into force the number of Contracting Parties is less than three.

Article 17231. Any State may, at the time of signing this Agreement or of

depositing its instrument of ratification or accession or at any time thereafter, declare by notification addressed to the Secretary-General of the United Nations that the validity of the Agreement shall be extended to all or any of the territories for the international relations of which it is responsible. The Agreement shall apply to the territory or territories named in the notification as from the one hundred and eightieth day after receipt of the notification by the Secretary-General or, if on that day the Agreement has not yet entered into force, as from the date of its entry into force.

Article 181. Any dispute between two or more Contracting Parties

concerning the interpretation or application of this Agreement shall so far as possible be settled by negotiation between them.

Article 19241. Any State may, at the time of signing, ratifying, or

acceding to this Agreement, declare that it does not consider itself bound by article 18, paragraphs 2 and 3 hereof. The other Contracting Parties shall not be bound by the said paragraphs with respect to any Contracting Party which has entered such a reservation.

Article 20251. After this Agreement has been in force for three years any

Contracting Party may, by a notification addressed to the Secretary-General of the United Nations, request that a conference be convened for the purpose of revising the Agreement.

The Secretary-General shall notify all Contracting Parties of the request and shall convene a revision conference if not less than one-third of the Contracting Parties signify their assent to the request within a period of four months from the date of the notification by the Secretary-General.

Article 21261. 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 inform thereof all the other States referred to in article 14, paragraph 1, of this Agreement.

5.bis In the case of a country which becomes a Contracting Party to this Agreement between the moment of notification of a draft amendment and the moment when it is considered accepted, the secretariat of the Working Party on Road Transport of the Economic Commission for Europe shall notify the new State Party of the draft amendment as soon as possible. The latter may inform the Secretary-General of any objection before the end of the six-month period from the date of transmission of the original amendment to all Contracting Parties.

Article 22271. Appendices 1 and 2 to the annex to this Agreement may be

amended by the procedure specified in this article.

4.bis In the case of a country which becomes a Party to this Agreement between the moment of notification of a draft amendment and the moment when it is considered accepted, the secretariat of the Working Party on Road Transport of the Economic Commission for Europe shall notify the new State Party of the draft amendment as soon as possible. The latter may inform the Secretary-General of any objection before the end of the six-month period from the date of transmission of the original amendment to all Contracting Parties.

Article 22bis28

Procedure for the amendment of Appendix 1B 1. Appendix 1B of the Annex to the present Agreement shall be amended according to the procedure defined in the present article.

Article 22ter29

Procedure for amending Appendix 3 1. Appendix 3 to the Annex to this Agreement shall be amended in accordance with the following procedure.

The proposal shall be deemed accepted if adopted by the majority of Contracting Parties present and voting.

The secretariat of the Economic Commission for Europe will officially inform the competent authorities of all Contracting Parties to this Agreement of any amendment thus adopted and, at the same time, will communicate this information to the Secretary- General accompanied by a copy of the relevant text.

Article 2330In addition to the notifications referred to in articles 20

and 21 of this Agreement, the Secretary-General of the United Nations shall notify the States referred to in article 14, paragraph 1, hereof of: (a) ratifications or accessions under article 14 of this Agreement; (b) the dates of entry into force of the present Agreement, in conformity with article 14 hereof; (c) denunciations under article 15 of this Agreement; (d) the termination of this Agreement in conformity with article 16 hereof; (e) notifications received under article 17 of this Agreement; (f) declarations and notifications received under article 19 of this Agreement; (g) the entry into force of any amendment in conformity with article 21 of this Agreement.

Article 24The Protocol of signature of this Agreement shall have the

same force, validity and duration as the Agreement itself, of which it shall be deemed to be an integral part.

Article 2531After 31 March 1971 the original of this Agreement shall be

deposited with the Secretary-General of the United Nations, who shall transmit certified true copies to each of the States referred to in article 14, paragraph 1, hereof.

Annex32 Control Device General provisions

Chapter I - Type

approval

Article 1For the purposes of this Chapter, the words "control

device" shall mean "control device or its components".

Applications for the approval of a type of control device or of a model record sheet or memory card shall be submitted, accompanied by the appropriate specifications, by the manufacturer or his agent to a Contracting Party. No application in respect of any one type of control device or of any one model record sheet or memory card may be submitted to more than one Contracting Party.

Article 2A Contracting Party shall grant its type approval to any type

of control device, to any model record sheet or memory card which conforms to the requirements laid down in Appendix 1 or 1B to this Annex, provided that the Contracting Party is in a position to check that production models conform to the approved prototype.

The control device referred to in Appendix 1B may not be granted type approval until the whole system (the control device itself, driver card and electrical gearbox connections) has demonstrated its capacity to resist attempts to tamper with or alter the data on driving times. The tests necessary to establish this shall be carried out by experts familiar with up-to-date tampering techniques.

Any modifications or additions to an approved model must receive additional type approval from the Contracting Party which granted the original type approval.

Article 3Contracting Parties shall issue to the applicant an approval

mark, which shall conform to the model shown in Appendix 2, for each type of control device or model record sheet or memory card which they approve pursuant to article 2.

Article 4The competent authorities of the Contracting Party to which

the application for type approval has been submitted shall, in respect of each type of control device or model record sheet or memory card which they approve or refuse to approve, either send within one month to the authorities of the other Contracting Parties a copy of the approval certificate accompanied by copies of the relevant specifications, or, if such is the case, notify those authorities that approval has been refused; in cases of refusal they shall communicate the reasons for their decision.

Article 51. If a Contracting Party which has granted type approval as

provided for in article 2 finds that a certain control device or record sheet or memory card bearing the type approval mark which it has issued does not conform to the prototype which it has approved, it shall take the necessary measures to ensure that production models conform to the approved prototype. The measures taken may, if necessary, extend to withdrawal of the type approval.

In any event, the competent authorities of the Contracting Parties shall notify one another within one month, of any withdrawal of type approval or of any other measures taken pursuant to paragraphs 1, 2 and 3 and shall specify the reasons for such action.

Article 61. An applicant for type approval of a model record sheet

shall state on his application the type or types of control device on which the sheet in question is designed to be used and shall provide a suitable device of such type or types for the purpose of testing the sheet.

Article 7No Contracting Party may refuse to register any vehicle fitted

with a control device, or prohibit the entry into service or use of such vehicle for any reason connected with the fact that the vehicle is fitted with such device, if the control device bears the approval mark referred to in article 3 and the installation plaque referred to in article 9.

Article 8All decisions pursuant to this Annex refusing or withdrawing

approval of a type of control device or model record sheet or memory card shall specify in detail the reasons on which they are based. A decision shall be communicated to the party concerned, who shall at the same time be informed of the remedies available to him under the laws of the Contracting Party and of the time limits for the exercise of such remedies.

Chapter II -

Installation and inspection

Article 91. The control device may be installed or repaired only by

fitters or workshops approved by the competent authorities of Contracting Parties for that purpose after the latter, should they so desire, have heard the views of the manufacturers concerned.

The period of administrative validity of approved workshop and fitter cards shall not exceed one year.

If a card issued to an approved workshop or fitter is to be extended, is damaged, malfunctions, is lost or stolen, the authority shall supply a replacement card within five working days of receiving a detailed request to that effect.

Where a new card is issued to replace an old one, the new card shall bear the same "workshop" information number, but the index shall be increased by one. The authority issuing the card shall maintain a register of lost, stolen or defective cards.

Contracting Parties shall take any measure necessary to prevent the cards distributed to approved fitters and workshops from being falsified.

Chapter III -

Use of equipment

Article 10The employer and drivers shall ensure the correct functioning

and proper use of, on the one hand, the control device and, on the other, the driver card where a driver is required to drive a vehicle fitted with a control device in conformity with Appendix 1B.

Article 11331. The employer shall issue a sufficient number of record

sheets to drivers of vehicles fitted with the control device in conformity with Appendix 1, bearing in mind the fact that these sheets are personal in character, the length of the period of service, and the possible obligation to replace sheets which are damaged, or have been taken by an authorized inspecting officer.

The employer shall issue to drivers only sheets of an approved model suitable for use in the control device installed in the vehicle.

Where the vehicle is fitted with a control device in conformity with Appendix 1B, the employer and the driver shall ensure that, taking into account the length of the period of service, the printing on request referred to in Appendix 1B can be carried out correctly in the event of an inspection.

For the purposes of this subparagraph, "downloaded" shall be interpreted in accordance with the definition laid down in Appendix 1B, Chapter I, point (s).

A Contracting Party may require any driver subject to the provisions of the Agreement and normally resident on its territory to hold a driver card. (a) For the purposes of this Agreement 'normal residence' means the place where a person usually lives, that is for at least 185 days in each calendar year, because of personal and occupational ties, or, in the case of a person with no occupational ties, because of personal ties which show close links between that person and the place where he is living.

However, the normal residence of a person whose occupational ties are in a different place from his personal ties and who consequently lives in turn in different places situated in two or more Contracting Parties shall be regarded as being the place of his personal ties, provided that such person returns there regularly. This last condition need not be met where the person is living in a Contracting Party in order to carry out a fixed-term assignment. (b) Drivers shall give proof of their place of normal residence by any appropriate means, such as their identity card or any other valid document. (c) Where the competent authorities of the Contracting Party issuing the driver card have doubts as to the validity of a statement as to normal residence made in accordance with point (b), or for the purpose of certain specific controls, they may request any additional information or evidence. (d) The competent authority of the issuing Contracting Party shall, as far as this can be done, ensure that the applicant does not already hold a valid driver card.

4.(a) The competent authority of the Contracting Party shall personalize the driver card in accordance with the provisions of Appendix 1B.

The period of administrative validity of the driver card shall not exceed five years.

The driver may hold one valid driver card only. The driver is authorized to use only his own personalized driver card. The driver shall not use a driver card which is defective or which has expired.

When a driver card is issued replacing an old one, the new card shall bear the same driver card issue number but the index shall be increased by one. The issuing authority shall keep records of issued, stolen, lost or defective driver cards for a period at least equivalent to their period of validity.

If the driver card is damaged, malfunctions or is lost or stolen, the authority shall supply a replacement card within five working days of receiving a detailed request to that effect.

In the event of a request for the renewal of a card whose expiry date is approaching, the authority shall supply a new card before the expiry date provided that the request was sent to it within the time limits laid down in the fourth subparagraph of article 12 (1). (b) Driver cards shall be issued only to applicants who are subject to the provisions of the Agreement. (c) The driver card shall be personal. It may not, during its official period of validity, be withdrawn or suspended for whatever reason unless the competent authority of a Contracting Party finds that the card has been falsified, or the driver is using a card of which he is not the holder, or that the card held has been obtained on the basis of false declarations and/or forged documents. If such suspension or withdrawal measures are taken by a Contracting Party other than the Contracting Party of issue, the former shall return the card to the authorities of the Contracting Party which issued it and shall indicate the reasons for returning it. (d) Driver cards issued by Contracting Parties shall be mutually recognized.

Where the holder of a valid driver card issued by a Contracting Party has established his normal place of residence in another Contracting Party, he may ask for his card to be exchanged for an equivalent driver card; it shall be the responsibility of the Contracting Party which carries out the exchange to verify if necessary whether the card produced is actually still valid.

Contracting Parties carrying out an exchange shall return the old card to the authorities of the Contracting Party of issue and indicate the reasons for so doing. (e) Where a Contracting Party replaces or exchanges a driver card, the replacement or exchange, and any subsequent replacement or renewal, shall be registered in that Contracting Party. (f) Contracting Parties shall take all the necessary measures to prevent any possibility of driver cards being falsified.

Contracting Parties shall take any measures necessary to ensure that the resale or decommissioning of a control device cannot detract, in particular, from the satisfactory application of this paragraph.

Article 12341. Drivers shall not use dirty or damaged record sheets or

driver card. The sheets or driver card shall be adequately protected on this account.

In case of damage to a sheet or driver card bearing recordings, drivers shall attach the damaged sheet or driver card to a spare sheet or an appropriate sheet used to replace it.

If the driver card is damaged, malfunctions or is lost or stolen, the driver shall apply within seven calendar days for its replacement to the competent authorities of the Contracting Party in which he has his normal residence.

Where a driver wishes to renew his driver card, he shall apply to the competent authorities of the Contracting Party in which he has his normal residence not later than 15 working days before the expiry date of the card.

When there is more than one driver on board a vehicle fitted with a control device in conformity with Appendix 1B, each driver shall ensure that his driver card is inserted in the correct slot in the tachograph. (b) When, as a result of being away from the vehicle, a driver is unable to use the control device fitted to the vehicle, the periods of time indicated in paragraph 3, second indent, (b), (c) and (d), below shall: (i) If the vehicle is fitted with a control device in conformity with Appendix 1, be entered on the record sheet, either manually, by automatic recording or other means, legibly and without dirtying the sheet; or (ii) If the vehicle is fitted with a control device in conformity with Appendix 1B, be entered on the driver card using the manual entry facility provided in the recording equipment. (c) Drivers shall amend the record sheets as necessary should there be more than one driver on board the vehicle, so that the information referred to in paragraph 3, second indent, (b), (c) and (d), below is recorded on the record sheet of the driver who is actually driving.

5.bis The driver shall enter in the control device in conformity with Appendix 1B the symbols of the countries in which he begins and ends his daily work period.

The above data entries shall be activated by the driver, and may be entirely manual or automatic if the control device is linked to a satellite tracking system.

The device shall, furthermore, be so designed that it is possible, without opening the case, to verify that recordings are being made.

From the date of application defined in article 13 bis of this Agreement, the time periods referred to under (i) and (iii) shall cover the current day and the previous 28 calendar days. (b) Where the driver drives a vehicle fitted with a control device in conformity with Appendix 1B, he must be able to produce, whenever an inspecting officer so requests: (i) The driver card of which he is holder; (ii) Any manual record and printout made during the current week and the previous 15 calendar days, as required under this Agreement; (iii) The record sheets corresponding to the same period as the one referred to in the previous subparagraph during which he drove a vehicle fitted with a control device in conformity with Appendix 1.

From the date of application defined in article 13 bis of this Agreement, the time periods referred to under (ii) shall cover the current day and the previous 28 calendar days. (c) An authorized inspecting officer may check compliance with the Agreement by analysis of the record sheets, of the displayed or printed data which have been recorded by the control device or by the driver card or, failing this, by analysis of any other supporting document that justifies non-compliance with a provision, such as those laid down in article 13 (2) and (3).

Article 13391. In the event of breakdown or faulty operation of the

control device, the employer shall have it repaired by an approved fitter or workshop, as soon as circumstances permit.

If the vehicle is unable to return to the premises within a period of one week calculated from the day of the break-down or of the discovery of defective operation, the repair shall be carried out en route.

Measures taken by the Contracting Parties may give the competent authorities power to prohibit the use of the vehicle in cases where breakdown or faulty operation has not been put right as provided in the foregoing subparagraphs.

Loss of the driver card must be reported in a formal declaration to the competent authorities of the Contracting Party that issued it and to the competent authorities of the Contracting Party of normal residence where they are different.

The driver may continue to drive without a driver card for a maximum period of 15 calendar days or for a longer period if this is necessary for the vehicle to return to its premises, provided he can prove the impossibility of producing or using the card during this period.

Where the authorities of the Contracting Party in which the driver has his normal residence are different from those which issued his card and where the latter are requested to renew, replace or exchange the driver card, they shall inform the authorities which issued the old card of the precise reasons for its renewal, replacement or exchange.

Article 14

Appendix 140 Requirements for construction, testing, installation and inspection I.

Definitions In this appendix (a) "control device" means equipment intended for installation in road vehicles to show and record automatically or semi-automatically details of the movement of those vehicles and of certain working periods of their drivers; (b) "record sheet" means a sheet designed to accept and retain recorded data, to be placed in the control device and on which the marking devices of the latter inscribe a continuous record of the information to be recorded; (c) "constant of the control device" means the numerical characteristic giving the value of the input signal required to show and record a distance travelled of 1 kilometre; this constant must be expressed either in revolutions per kilometre (k = ... rev/km), or in impulses per kilometre (k = ... imp/km); (d) "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 control device (gearbox output shaft or axle) while the vehicle travels a distance of one measured kilometre under normal test conditions (see chapter VI, paragraph 4 of this appendix). The characteristic coefficient is expressed either in revolutions per kilometre (W = rev/km) or in impulses per kilometre (W = ... imp/km); (e) "effective circumference of wheel tyres" means the average of the distances travelled by the several 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 VI, paragraph 4 of this appendix) and is expressed in the form: 1 = ... mm.

II. General characteristics and functions of control device The control device must be able to record the following:

For vehicles used by two drivers the control device must be capable of recording simultaneously but distinctly and on two separate sheets details of the periods listed under 3, 4 and 5.

III.

Construction requirements for control device A. General points 1. Control device shall include the following: (a) Visual instruments showing:

The control device must be submitted for approval complete with any such additional devices.

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

B. Visual instruments 1. Distance travelled indicator (distance recorder) (a) The value of the smallest grading on the control device showing distance travelled must be 0.1 kilometres. Figures showing hectometres must be clearly distinguishable from those showing whole kilometres. (b) The figures on the distance recorder must be clearly legible and must have an apparent height of at least 4 mm. (c) The distance recorder must be capable of reading up to at least 99,999.9 kilometres.

C. Recording instruments 1. General points (a) All equipment, whatever the form of the record sheet (strip or disc) must be provided with a mark enabling the record sheet to be inserted correctly, in such a way as to ensure that the time shown by the clock and the time-marking on the sheet correspond. (b) The mechanism moving the record sheet must be such as to ensure that the latter moves without play and can be freely inserted and removed. (c) For record sheets in disc form, the forward movement device must be controlled by the clock mechanism. In this case, the rotating movement of the sheet must be continuous and uniform, with a minimum speed of 7 millimetres per hour measured at the inner border of the ring marking the edge of the speed recording area.

In equipment of the strip type, where the forward movement device of the sheets is controlled by the clock mechanism the speed of rectilinear forward movement must be at least 10 millimetres per hour. (d) Recording of the distance travelled, of the speed of the vehicle and of any opening of the case containing the record sheet or sheets must be automatic.

However, the movement of the stylus may be curvilinear, provided the following conditions are satisfied:

The spaces between the markings on the timescale must represent a period not exceeding one hour. (b) Each variation in speed of 10 kilometres per hour must be represented on the record by a variation of at least 1.5 millimetres on the corresponding coordinate.

Each Contracting Party may permit all the periods referred to in subparagraphs (ii) and (iii) above to be recorded under the sign on the record sheets used on vehicles registered in its territory. (b) It must be possible, from the characteristics of the traces, their relative positions and if necessary the signs laid down in paragraph 4 (a) to distinguish clearly between the various periods of time.

The various periods of time should be differentiated from one another on the record by differences in the thickness of the relevant traces, or by any other system of at least equal effectiveness from the point of view of legibility and ease of interpretation of the record. (c) In the case of vehicles with a crew consisting of more than one driver, the recordings provided for in paragraph 4 (a) must be made on two separate sheets, each sheet being allocated to one driver. In this case, the forward movement of the separate sheets must be effected either by a single mechanism or by separate synchronized mechanisms.

D. Closing device 1. The case containing the record sheet or sheets and the control of the mechanism for resetting the clock must be provided with a lock.

E. Markings 1. The following markings must appear on the instrument face of the control device:

However, these requirements shall not apply to control devices approved before 10 August 1970.

F. Maximum tolerances (visual and recording instruments) 1. On the test bench before installation: (a) distance travelled:

1% more or less than the real distance, where the distance is at least 1 kilometre; (b) speed:

3 km/h more or less than the real speed; (c) time: two minutes per day with a maximum of 10 minutes per 7 days in cases where the running period of the clock after rewinding is not less than that period.

2% more or less than the real distance, where that distance is at least 1 kilometre; (b) speed:

4 km/h more or less than real speed; (c) time: two minutes per day, or 10 minutes per seven days.

4% more or less than the real distance, where that distance is at least 1 kilometre; (b) speed:

6 km/h more or less than the real speed; (c) time: two minutes per day, or 10 minutes per seven days 4. The maximum tolerances set out in paragraphs 1, 2 and 3 are valid for temperatures between 0 and 40 C, temperatures being taken in close proximity to the equipment.

Chapter VI.

IV. Record sheets A. General points 1. The record sheets must be such that they do not impede the normal functioning of the instrument and that the records which they contain are indelible and easily legible and identifiable.

The record sheets must retain their dimensions and any records made on them under normal conditions of humidity and temperature.

In addition it must be possible by each crew member to enter on the sheets, without damaging them and without affecting the legibility of the recordings, the following information: (a) on beginning to use the sheet - his surname and first name; (b) the date and place where use of the sheet begins and the date and place where such use ends; (c) the registration number of each vehicle to which he is assigned, both at the start of the first journey recorded on the sheet and then, in the event of a change of vehicle, during use of the sheet; (d) the odometer reading:

Under normal conditions of storage, the recordings must remain clearly legible for at least one year.

If several discs are linked together to increase the continuous recording capacity which can be achieved without intervention by staff, the links between the various discs must be made in such a way that there are no breaks in or overlapping of recordings at the point of transfer from one disc to another.

B. Recording areas and their graduation 1. The record sheets shall include the following recording areas:

C. Information to be printed on the record sheets Each sheet must bear, in printed form, the following information:

By way of minimal additional requirements, each sheet must bear, in printed form a timescale graduated in such a way that the time may be read directly at intervals of 15 minutes while each 5-minute interval may be determined without difficulty.

D. Free space for handwritten insertions A free space must be provided on the sheets such that drivers may as a minimum write in the following details:

V. Installation of control device A. General points 1. The control device must be positioned in the vehicle in such a way that the driver has a clear view from his seat of speedometer, distance recorder and clock while at the same time all parts of those instruments, including driving parts, are protected against accidental damage.

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

The plaque must show at least the following details:

B. Sealing The following parts must be sealed: (a) the installation plaque, unless it is attached in such a way that it cannot be removed without the markings thereon being destroyed; (b) the two ends of the link between the control device proper and the vehicle; (c) the adaptor itself and the point of its insertion into the circuit; (d) the switch mechanism for vehicles with two or more axle ratios; (e) the links joining the adaptor and the switch mechanism to the rest of the control device; (f) the casings required under Chapter III A 7 (b).

In particular cases, further seals may be required on approval of the control device type and a note of the positioning of these seals must be made on the approval certificate.

Only the seals mentioned in (b), (c) and (e) may be removed in cases of emergency; for 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.

VI. Checks and inspections The Contracting Party shall nominate the bodies which shall carry out the checks and inspections.

Chapter III F 1, by means of sealing in accordance with Chapter V

B (f).

For this purpose, the Contracting Party may stipulate an initial verification, consisting of a check on and confirmation of the conformity of a new or repaired device with the type-approved model and/or with the requirements of this annex and its appendices or may delegate the power to certify to the manufacturers or to their authorized agents.

The inspection tests shall be carried out by the approved fitter or workshop on his or its responsibility.

These inspections shall include the following checks:

Chapter III F 3 on the maximum tolerances in use shall be carried

out at least once every six years, although each Contracting Party may stipulate a shorter interval for such inspection in respect of vehicles registered in its territory. Such inspections must include replacement of the installation plaque.

Appendix 1B41 Requirements for the construction, testing, installation and inspection of the digital control device used in road transport

Article 1Preamble

The content of the present Appendix 1B is therefore limited to an introduction citing the references to the relevant texts of the European Union and of the Official Journals in which they were published and highlighting, by means of cross references, the particular points where that Annex has had to be adapted to the context of the AETR.

Article 2Introductory provisions to Appendix 1B

2.1 The terms in the left column below shall be replaced by the corresponding terms in the right column:

Terms used in Annex IB Member States MS Annex (IB) Appendix Regulation Community Replaced by Terms used in the AETR Contracting Parties CP Appendix (1B) Sub-appendix Agreement or AETR UNECE 2.2 References made to legal texts in the left column below shall be replaced by those in the right column:

Legal texts of the European Community Replaced by Legal texts of the United Nations Economic Commission for Europe Council Regulation (EEC) No. 3821/85 AETR Council Directive No. 92/23/EEC ECE Regulation 54 Commission Directive No.95/54/EC adapting to technical progress Council Directive 72/245/EEC ECE Regulation 10 2.3 A list of texts or provisions for which an ECE equivalent does not exist or for which more information is necessary appears below. These texts or information are only quoted for reference.

2.3.1 The limit for setting the speed limitation device, as defined in I (Definitions), bb) of Annex IB/Appendix 1B conforms to the provisions of Council Directive No.92/6/EEC of 10 February 1992 (OJ, No. L57, 02/03/1992).

2.3.2 The measurement of distances, as defined in I (Definitions), u) of Annex IB/Appendix 1B conforms to the provisions of Council Directive No. 97/27/EC of 22 July 1997, as last amended (OJ, No. L 233, 25/08/1997).

2.3.3 Vehicle identification, as defined in I (Definitions),

2.3.4 The provisions on security shall conform with the provisions laid out in Council Recommendation No. 95/144/EC of 7 April 1995, on common information technology security evaluation criteria (ITSEC) (OJ, No. L 93, 26/04/1995).

2.3.5 The protection of individuals with regard to the processing of personal data and the free movement of such data conform to the provisions of Council Directive No.95/46/EC of 24 October 1995, as last amended (OJ, No. L 281, 23/11/1995).

2.4 Other provisions to be changed or deleted:

2.4.1 The content of requirement 172 is deleted and replaced by 'Reserved'.

2.4.2 Requirement 174 is changed as follows: 'the distinguishing sign of the Contracting Party issuing the card. The distinguishing signs of non EU Contracting Parties are those drawn up in accordance with the 1968 Vienna Convention on Road Traffic or the 1949 Geneva Convention on Road Traffic'.

2.4.3 The reference to the EU flag with the letters 'MS' meaning 'Member State' in requirement 178 is replaced by the letters 'CP' meaning 'Contracting Party', the flag of the non EU Contracting Party being optional.

2.4.4 Requirement 181 is changed as follows: 'After consulting the UN/ECE secretariat, Contracting Parties may add colours or markings, such as security features, without prejudice to the other provisions of this Appendix'.

2.4.5 Requirement 278 is changed as follows: 'Interoperability tests are carried out by a single competent body'.

2.4.6 Requirements 291 to 295 are deleted and replaced by 'Reserved'.

2.4.7 In Appendix 9/Sub-appendix 9 of the AETR (Type approval

A rectangle, within which shall be placed the letter "e" followed by a distinguishing number for the country which has issued the approval in accordance with the following conventional signs:

Germany 1 Slovakia 27 France 2 Belarus 28 Italy 3 Estonia 29 Netherlands 4 Moldova 30 Sweden 5 Bosnia-Herzegovina 31 Belgium 6 Latvia 32 Hungry 7 Liechtenstein 33 Czech Republic 8 Bulgaria 34 Spain 9 Kazakhstan 35 Serbia 10 Lithuania 36 United Kingdom 11 Turkey 37 Austria 12 Turkmenistan 38 Luxembourg 13 Azerbaijan 39 Switzerland 14 The former Yugoslav Republic of Macedonia 40 Norway 16 Andorra 41 Finland 17 Uzbekistan 44 Denmark 18 Ukraine 46 Romania 19 Cyprus 49 Poland 20 Malta 50 Portugal 21 Albania 54 Russian Federation 22 Armenia 55 Greece 23 Montenegro 56 Ireland 24 San Marino 57 Croatia 25 Monaco 59 Slovenia 26 Subsequent numbers shall be assigned: (i) To countries Contracting Parties to the 1958 Agreement Concerning the Adoption of Uniform Conditions of Approval and Reciprocal Recognition of Approval for Motor Vehicle Equipment and Parts the same numbers as assigned to those countries by that Agreement; (ii) To countries non-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 number of the approval certificate drawn up for the prototype of the control device or the record sheet, placed at any point within the immediate proximity of this rectangle.

Note: In order to ensure in the future conformity between conventional signs in the 1958 Agreement and those set up in the AETR Agreement new Contracting Parties should be allocated the same number in both Agreements.

II. Approval certificate for products in accordance with Appendix 143 A Contracting Party having granted approval shall issue the applicant with an approval certificate,the model for which is given below. When informing other Contracting Parties of approvals issued or, if the occasion should arise, withdrawn, a Contracting Party shall use copies of that certificate.

Approval certificate Name of competent administration Notification concerning:*

Approval certificate for products in accordance with appendix 1B Name of the competent administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Communication concerning (1):

Approval Withdrawal of an approval Of a control device model Of a control device component (2) Of a driver card Of a workshop card Of a company card Of an inspector's card Approval No. ...........................................................................................................................................................................

5 Submitted for approval on .....................................................................................................................................................

11 .Place..................................................................................................................................................................................

12.

Date....................................................................................................................................................................................

Instructions for use (To be reproduced, as much as possible, on the reverse of the form) (a) All the fields in this form must be filled in, before the journey, by the transport undertaking and the driver concerned. (b) The text of the form may not be modified. (c) In order to be valid, the form must be signed both by the authorized representative of the transport undertaking and by the driver himself. For individual undertakings, the driver signs once on behalf of the undertaking and once as the driver. Only the signed original is valid. (d) The form may be printed on paper containing the undertaking's logo. Sections 1 to 5 may be preprinted. The signature of the undersigned may not be replaced by the undertaking's stamp but may be accompanied by it. (e) Any additional national or regional information must be included on the reverse of the form. (f) If this form is drawn up in a language other than English or French, the title, in the national language, must appear below the English and French titles, which must be retained. The section headings in the body of the form must be repeated in English when the original document is drawn up in a language other than English (see attached model).

Attestation of activities*/Formulaire d'attestation d'activités* (REGULATION (EC) 561/2006 OR THE AETR**) /(RÈGLEMENT (CE) 561/2006 OU L'AETR**) To be filled in by typing in Latin characters and signed before a journey/ À remplir en dactylographie en caractères latins et à signer avant tout voyage To be kept with the original control device records wherever they are required to be kept/À joindre aux enregistrements de l'appareil de contrôle qui doivent être conservés False attestations constitute an infringement/ Les fausses attestations constituent une infraction Part to be filled in by the undertaking ( Partie à remplir par l'entreprise) 1. Name of the undertaking/Nom de l'entreprise …………………………………………………………………………………………..… 2. Street address, postal code, city/ Rue, code postal, ville …………………………………………………………….………………….... ……………………………………………………………………………………………………………………………………………..

Country / Pays:

I, the undersigned (Le soussigné):

Date/date:……………………………………………….

Signature/signature 21. 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 (Le soussigné, conducteur, confirme ne pas avoir conduit un véhicule relevant du champ d'application du règlement (CE) 561/2006 ou de l'AETR au cours de la période susmentionnée).

Date/date…………………………………….

Signature of the driver /Signature du conducteur * This form is available in electronic and printable versions at the following address /Ce formulaire peut être obtenu en version électronique et en version imprimable à l'adresse suivante: http://www.unece.org/trans/main/sc1/aetr.html