Slovenia Case Study Workshop on Digital Tachograph Approval

Slovenia Case Study Workshop on Digital Tachograph Approval of Authorised Workshops TAIEX Assistance - INFRA 30939 – Budapest Zdravko Igličar

Authorised Workshops for Digital Tachograph in Slovenia Content – Who is responsible for approval of workshops in Slovenia? – The Legislative Process. – Timeline of Approval of Workshops. – General provision from Act. – Scope of approval. – Approval requirements. – Withdrawal of approval. – Supervision of workshops. – Plan for future.

Who is responsible for approval of workshops in Slovenia? • Act on Working Time and Compulsory Rest Periods of Persons Performing Mobile Road Transport Activities, and on Recording Equipment (Tachographs) in Road Transport (Official Gazette of the Republic of Slovenia [Ur. l. RS], No. 64/2007) establishes responsibilities: • Ministry of Transport: coordination and legislative tasks • Slovene Roads Agency (SRA): Approval Workshops for installing, checking and repairing recording equipment • Transport Inspectorate: coordinating enforcement, implementing the law

The Legislative Process • The legislative process for implementation Regulation (EC) No 561/2006 and 3821/85 – – we started with act process in September 2004 National Council vetoed on 22. 7. 2005 primary law was published in OJ of RS, 12. August 2005 we needed cca 11 months from start to publication

The Legislative Process • Main solutions in Act for Workshops for installing, checking and repairing recording equipment: – – – – General provision Scope of approval Approval requirements Withdrawal of approval Supervision of workshops Register of tachographs Technician, manager and workshop notice board

The Legislative Process • Secondary law: – Regulation concerning approval and tasks of workshops for tachographs and devices for limiting of speed (OJ RS No 46/2006, 5. 5. 2006) – Regulations concerning downloading of data about working time from recording equipment and to guidance of records (OJ RS No 25/2006, 9. 3. 2006) – Regulation concerning control of implementing of regulation concerning working time and obligatory rests of mobile workers and concerning recording equipment (OJ RS No 34/2006, 31. 3. 2006)

Timeline of Approval of Workshops • August 2005 – primary law was published • October 2005 - started with preparing regulation in co-operation with workshops • November 2005 - workshops started with training • January 2006 - workshops started to buy new equipment for DT • February 2006 - prepared regulation for public discussion and called workshops for necessary documentation for approval procedure • April 2006 - majority of workshops mediated necessary documentation • 5. May 2006 - regulation was published • 10. May 2006 - first workshop approved • 18. May 2006 - first workshop received card • We needed 8 months from start to workshop card

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General provision from Act • Legal or natural persons who acquire approval for workshop carrying out: – installation and programming, – checking and inspection, – repairing and decommissioning, may within these procedures perform the following tasks: – – – – activation, check, repair, calibrate and seal recording equipment; instalation plaques; downloaded data from recording equipment; certificated of undownloadability transfer data; remove or decommission the equipment.

General provision from Act • The workshop approval shall indicate the procedures and tasks which the workshops are allowed to perform. • The SRA issued the approval for the period of five (5) years. • The workshop shall, within a period of 60 days prior to expiry of the approval, submit an application for the renewal of said approval.

Scope of approval • Workshop should gets approval for performing at least one procedure. • For checking and inspection of recording equipment shoud gets approval for all approved types, • For other workshop procedures, shoud gets approval at least one approved type of recording equipment. • Marks for sealing define to workshop at approval.

Approval requirements In order to obtain an approval according to individual procedures and tasks, workshops shall fulfil the following conditions: • The applicant shall demonstrate the provision of traceability of the procedures and tasks performance: – installation, checking and inspection by way of a valid accreditation document issued in compliance with ISO 17020. – repairing (installation? ) by way of a valid agreement concluded with the manufacturer of recording equipment and stipulating that the recording equipment manufacturer will regularly supply the applicant with technical documentation and any innovations.

Approval requirements • provide: – adequate premises on the territory of the Republic of Slovenia, – equipment and tools and – fully employed qualified technicians, in order to be able to perform any activity required in accordance with the provisions of Regulation 3821/85 and 561/2006; – easy and visible access to working premises without impeding road traffic;

Approval requirements • provide – appropriate reliability of measurements related to recording equipment (calibration of measurements equipment and tools); – evidence that no bankruptcy proceedings, compulsory settlement proceedings or liquidation proceedings have been instituted against the workshop in question; – evidence that the workshop or any member of its management board or any technician employed with it has not been convicted, by a final judgement, of a criminal offence prosecuted ex officio and committed in pursuing tasks related to recording equipment, while the sentence has not yet been expunged; – state that no criminal procedure under the preceding indent has been instituted;

Approval requirements • Provide – state that no member of the management board and/or business executive has been a member of the management board or a business executive in a workshop whose approval has been withdrawn; – have an appropriately regulated business relationship with the manufacturer of recording equipment as regards procedures and tasks to be carried out (only for repairs); – have premises and equipment enabling records and files on all activities associated with recording equipment, as well as data recorded on said equipment, to be appropriately stored and accessible to supervisory bodies, and enabling personal data to be protected pursuant to regulations on the protection of personal data;

Approval requirements • Provide – have all the matured tax liabilities and other public duty liabilities settled; – state that in the last five (5) years no approval has been withdrawn from the workshop or from the person whose universal legal successor the workshop is; – have a notice board for providing information; – have at least one technician among the employees who meets the conditions;

Approval requirements Technicians may only be persons: • who are professionally qualified to pursue work associated with the procedures and tasks they are entitled to perform. – Their professional qualification shall be attested by a specialist training. – The professional training programme shall be prescribed by the Minister. – The certificate of training covering digital tachographs shall not be older than three years; • who have not been convicted, by a final judgement, of a criminal offence prosecuted ex officio and committed in pursuing tasks related to recording equipment, while the sentence has not yet been expunged;

Approval requirements Technicians may only be persons • against whom no criminal procedure under the previous indent has been instituted in respect of a criminal offence. • No one, save for the workshop technician with a valid approval, shall carry out any work related to recording equipment and the associated devices which ensure the correct operation of the recording equipment.

Approval requirements • Provide – have an appointed manager; • Managers may only be persons: – who are regularly employed by the workshop and appointed by a person responsible for performing workshop tasks; – who have not been convicted, by a final judgement, of a criminal offence prosecuted ex officio and committed in pursuing tasks related to recording equipment, while the sentence has not yet been expunged; – against whom no criminal procedure under the previous indent has been instituted in respect of a criminal offence;

Approval requirements The manager shall be responsible for: • safety, storage and manipulation regarding workshop identification cards, and shall furthermore attend to the following tasks: – ensure that the authorised technicians have received and use their cards in compliance with the relevant rules; – ensure that the workshop identification cards, sealing tools and corresponding documents are safely stored in a drawer or a safe when not in use; – ensure that the competent issuing body is immediately notified of any loss, theft or non-functioning of identification cards; – ensure that applications for extension shall be properly filled out and sent to the competent bodies within the prescribed period; – ensure that additional attention shall be paid to the maintenance of physical safety of the card during its use.

Approval requirements • have a functioning electronic information link with the central register of tachographs (TAHOEV);

Approval requirements central register of tachographs (TAHOEV)

Approval requirements central register of tachographs (TAHOEV) VRN Vset km old VIN W K l Tyre km new LJ 1 -059 VF 624 APD 0000007 5312 2976 315/60 R 22, 5 90 1167 27. 3. 2008 12: 35 Instalation KR 3 -76 L WDB 9302041 L 3101 4244 2984 315/60 R 22. 5 90 12567 27. 3. 2008 16: 49 Control NM 43 -7 L WDB 9302041 L 3002 4211 3008 315/60 R 22. 5 90 1795 29. 3. 2008 8: 56 GO 4 -7 L WDB 9302041 L 3092 4255 2976 315/60 R 22. 5 90 6578 GO 4 -9 L WDB 9302041 L 3033 4241 2992 315/60 R 22. 5 90 1561 234 Time old Time new 29. 3. 2008 8: 15 Purpose Instalation 31. 3. 2008 9: 46 Change 2. 4. 2008 12: 15 Instalation

Withdrawal of approval The SRA may withdraw workshop approval if establishes that: • the workshop no longer fulfils the conditions referred to in the preceding paragraph; • in pursuing their work, the workshop or its employees do not comply with the provisions of Regulation 3821/85/EEC and Act; • the workshop has, during the procedure for obtaining the approval or for verifying the fulfilment of conditions required to obtain the approval, submitted fraudulent statements, data or documents; • the workshops performs its tasks in a manner which may make its operations questionable (for example, by adapting calibration parameters or vehicle equipment, resulting in incorrect measurement of driving time in vehicles or fraudulent calibration); • the workshop has adapted safety elements in the recording equipment, and the violation from preceding indents is of such a nature and so serious that in the future, one cannot expect the workshop to legally and correctly perform its tasks.

Withdrawal of approval • The decision on the withdrawal of an approval shall have the effect of the withdrawal of all approvals obtained by a workshop. • The appeal against a decision on withdrawal of an approval shall not suspend its enforcement. • By a decision on withdrawal, the workshop shall be obliged to, within three (3) days of receipt of the decision, hand to the SRA all workshop cards, seals, and any documentation or records which the workshop is obliged to maintain under Regulation 3821/85/EEC and Act. • The SRA shall duly notify all manufacturers of recording equipment, the European Commission and the supervisory bodies of the withdrawal of the approval, the cards and the sealing equipment.

Supervision of workshops • Supervision is carried out by the SRA. Within this supervision, the SRA shall obtain information from workshops on whether they still satisfy the required conditions for the approval and whether they perform their tasks in accordance with the relevant regulations. • The inspection supervision of workshops is carried out by the Transport Inspectorate of the Republic of Slovenia. • Supervision is carried out by the Slovenian Accreditation body (SA). Within this supervision, the SA shall obtain information from workshops on whether they still satisfy the conditions for ISO/IEC 17020.

Supervision of workshops

Plans for future • Setting up of central register of tachographs (TAHOEV). • Supplementation of legislation for execution Commission Recommendation on guidelines for best enforcement practice concerning checks of recording equipment to be carried out at roadside checks and by authorised workshops (2009/60/EC). • Setting up of national system infringement for workshops according to principle of Annex III, Directive 2009/5. • Setting up of national system for the risk rating system for workshops.

Thank you!