Communication from the Ministry of Foreign Affairs No. 80 / 1994 Coll.
Communication from the Ministry of Foreign Affairs on the negotiation of Appendix 2 to the Europe Agreement on the work of vehicle crews in international road transport (AETR)
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Effective from 24.04.1994
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13.05.1994
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80
COMMUNICATION
Ministry of Foreign Affairs
The Ministry of Foreign Affairs announces that at the meeting of the Working Group on Road Transport of the United Nations Economic Commission for Europe in 1990, a draft of Appendix 2 to the Europe Agreement on the Work of Vehicles in International Road Transport (AETR), negotiated in Geneva on 1 July 1970, published under No. 108 / 1976 Coll., as amended by Amendments of 3 August 1983, published under No. 82 / 1984 Coll. In 1991, Amendment 2 was submitted to the Secretary-General of the United Nations for adoption in accordance with Article 23 (1) of the Europe AETR Agreement.
Appendix 2 entered into force pursuant to Article 23 (6) of the AETR Europe Agreement on 24 April 1992 and thus entered into force on 24 April 1992 for the Czech and Slovak Federal Republic.
On 2 June 1993, the Czech Republic notified the Secretary-General of the United Nations that the Czech Republic, in its successor state of the Czech and Slovak Federal Republic, was considered to be bound by the European Agreement on the work of international road transport vehicles (AETR) of 1 July 1970 with effect from 1 January 1993.
The Czech translation of Appendix 2 is announced simultaneously.
APPENDIX 2
THE EUROPEAN AGREEMENT on the work of international road transport vehicles (AETR) agreed in Geneva on 1 July 1970
- Definitions
Edit the text of point (g) as follows:
"(g)" road transport "means all transport carried out on public roads by empty or loaded road goods vehicles or buses;"
Edit the text of point (i) as follows:
"(i)" scheduled passenger transport "means the transport of passengers at specified intervals and on specified routes, and passengers may board and perform at predetermined stops.
The rules governing the operation or the documents which replace them, approved by the competent authorities of the Contracting Parties and published by the carrier before the start of their use, define the conditions of carriage, in particular the frequency of connections, timetables, tariffs and the obligation to accept passengers for carriage, unless those conditions are laid down by law or regulation.
However, whoever the transport operator is, regular connections are also considered to be such as to ensure the transport of specified groups of persons, excluding other passengers where these services are carried out under the conditions set out in the first paragraph of this definition. Such connections, in particular those which provide for the transport of workers to and from the workplace or for the transport of pupils to and from schools, are called in other "special regular links'; '
Edit the text of point (l) as follows:
"(l)" week "means the period between 0,00 hours on Monday and 24.00 hours on Sunday; ';
Edit the text of point (m) as follows:
"(m)" rest "means any uninterrupted period of at least one hour during which the driver may freely dispose of his time."
Release letters n) and o).
- Area of use
Edit Article 2 (2) (b) as follows:
"(b) unless the Contracting Parties concerned agree otherwise, this Agreement shall not apply to international road transport carried out by:
1. vehicles intended for the carriage of goods whose permissible maximum total mass, including the total mass of the trailer or semi-trailer, does not exceed 3,5 tonnes;
2. passenger vehicles which, according to their type of construction and their equipment, are intended for the carriage of not more than nine persons, including the driver;
3. vehicles used for the carriage of passengers on scheduled lines where the length of the line does not exceed 50 km;
4. vehicles whose maximum permissible speed does not exceed 30 km / h;
5. vehicles used or controlled by the armed forces, civil defence, fire brigade and police;
6. vehicles used for specific purposes, i.e. maintenance and repair of sewerage, water, gas and electricity, maintenance and control of roads, removal and disposal of waste, telegraph and telephone services, transport of mail packages, radio and television broadcasting and detection of radio and television transmitters and receivers;
7. vehicles used in emergency or rescue operations;
8. specialised vehicles used for medical purposes;
9. circus and carnival vehicles;
10. special emergency vehicles;
11. vehicles used in road driving tests for development, repair or maintenance purposes and new or rebuilt vehicles which have not yet been put into service;
12. vehicles used for the non-commercial carriage of personal costs;
13. vehicles used for the transport of milk from farms and the re-transport of milk containers or dairy products intended for farm feeding. ';
In Article 2 (2), delete points (c) and (d).
- Application of certain provisions of the Road Transport Agreement to vehicles registered in States which are not Contracting Parties
Change Article:
Application of certain provisions of the Road Transport Agreement by vehicles registered in non-Contracting Parties
1. Each Contracting Party shall apply in its territory to international road transport operations carried out by any vehicle registered in the territory of a State which is not a Contracting Party to this Agreement at least as demanding as those specified in Articles 5, 6, 7, 8, 9 and 10 of this Agreement.
2. Each Contracting Party may allow, in the case of a vehicle registered in a State which is not a Contracting Party to this Agreement, to use, instead of a control instrument as specified in the Annex to this Agreement, only daily record sheets drawn up in the same form and containing the same content as those specified in the Annex to this Agreement.
- General principles
Change Article:
General principles
Each Contracting Party may use higher minimum values or lower maximum values than those referred to in Articles 5 to 8 inclusive. However, the provisions of this Agreement shall remain in force in international road transport for drivers of vehicles registered in another State which is or is not a Contracting Party. ';
- Conditions to be met by the driver
Change Article:
Crews
1. The minimum age of drivers of international road freight transport shall be:
(a) 18 years for vehicles whose permissible maximum total mass, including trailer and semi-trailer, does not exceed 7,5 t;
(b) for other vehicles 21 years or 18 years, provided that the driver holds a certificate of professional competence recognised by one of the Contracting Parties confirming the termination of training for drivers of road freight vehicles. The Contracting Parties shall keep informed of the minimum level of training required by the State in their countries and of the other relevant conditions applicable to drivers of international freight transport in accordance with the provisions of this Agreement.
2. Bus drivers must be at least 21 years old.
Bus drivers on lines exceeding 50 km in length from the usual weaning point shall also comply with one of the following conditions:
(a) carry out, for at least one year, the activities of a freight transport driver on vehicles whose maximum permissible total mass exceeds 3,5 tonnes;
(b) carry out, for at least one year, the activity of bus drivers on lines not exceeding 50 km from the usual weaning point or for other types of passenger transport not covered by this Agreement, provided that the competent authority finds that it has acquired the necessary experience in this way;
(c) hold a certificate of professional competence confirming the successful completion of a training course for bus drivers recognised by one of the Contracting Parties. ";
- Daily rest
Change Article:
Driving time
1. The total driving time between two daily or one daily rest and one weekly rest, in another called "daily driving time," shall not exceed 9 hours. Twice a week can be extended to 10 hours.
After a maximum of six days of driving, the driver shall have weekly rest as provided for in Article 8 (3).
The weekly rest period may be moved to the end of the sixth day if the total driving time for six days does not exceed a maximum corresponding to six daily driving times.
In the case of international passenger services not operating on scheduled flights, the words "six 'and" six' referred to in the preceding second and third paragraphs shall be replaced by the words "twelve 'and" twelfth'.
2. The total driving time shall not exceed 90 hours in two consecutive weeks. ';
Release the article.
- Daily driving time, maximum weekly and 14 days driving time
Change Article:
Interruption
1. After four and a half hours of driving, the driver must have a break of at least 45 minutes if the rest period does not begin.
2. Such a break may be replaced by at least 15 minutes' breaks, which shall be placed up to or immediately after the driving time, in order to comply with paragraph 1.
3. During these breaks the driver shall not perform any other activity. For the purposes of this Article, the waiting period and the unattended driving time spent in a vehicle when driving on a ferry or train shall not be considered as "other activity '.
4. The breaks referred to in this Article shall not be considered as daily rest. ';
- Maximum continuous driving time
Change Article:
Rest period
1. During every 24 hours, the driver must rest for at least eleven consecutive hours, which may be reduced to at least nine consecutive hours, not more than three times a week, provided that the corresponding rest period is provided before the end of the following week.
On days in which rest is not reduced in accordance with the first paragraph, it may be drawn in two or three separate parts within 24 hours, one of which must last at least eight consecutive hours. In this case, the minimum rest period shall be extended to 12 hours.
2. If there are at least two drivers in the vehicle, each of them shall have a daily rest of at least eight consecutive hours every 30 hours.
3. In each week, one of the rest periods referred to in paragraphs 1 and 2 shall be taken as a weekly rest period of a total duration of forty-five consecutive hours. This rest period may be reduced to a minimum of thirty-six consecutive hours if it is selected at the usual place of weaning or at the driver's place of stay, or to a minimum of twenty-four consecutive hours when it is selected outside those places. Any reduction shall be compensated for by the corresponding rest period selected in whole before the end of the third week following the week in question.
4. A weekly rest period starting in one week and continuing until the following week may be connected to one or the other of those weeks.
5. In the case of passenger services covered by the fourth subparagraph of paragraph 1 of Article 6, the weekly rest period in the week following that in which the rest is to be taken may be drawn and joined to the weekly rest of the second week.
6. Any rest period chosen as compensation for reducing the rest periods of the daily or weekly shall be connected to another rest period of at least eight hours and shall be provided at the driver's request in the parking lot or at the driver's place of residence.
7. The driver may spend a day's rest in a parked vehicle if it is equipped with a couchette.
8. Notwithstanding the provisions of paragraph 1, where a driver of freight or passenger transport accompanies a vehicle carried on or by rail, daily rest may be interrupted only once if the following conditions are met:
- for part of the daily rest on the ground, it must be possible to spend it before or after part of the daily rest on board a ferry or train,
- the period between two parts of daily rest must be as short as possible and may in no case exceed one hour before or after embarkation, the customs formalities being counted against the time of embarkation and disembarkation,
- during both parts of the daily rest, the driver must have a bed or couchette at his disposal.
This interruption shall be extended by two hours. '.
Release the article.
Release the article.
Refigure and amend Article:
Derogations
The driver may derogate from the provisions of this Agreement to the extent necessary to reach an appropriate stop point in order to ensure the safety of persons, vehicles or their cargo, provided that he does not endanger road safety. The driver shall indicate the type and reason for the deviation on the surveillance instrument record sheet or on his daily record. ';
Release the article.
Refigure and amend Article:
Control equipment
1. The Contracting Parties shall prescribe the installation and use of control equipment in vehicles registered in their territory in accordance with the following requirements:
(a) The inspection apparatus shall comply with the requirements of this Agreement, including its Annex, which forms an integral part of this Agreement with regard to the construction, installation, use and testing. The inspection apparatus which complies with the provisions of Council Regulation No 33821.85 of 20.12.1985 in respect of the construction, installation, use and testing shall also be deemed to satisfy the conditions of this Article.
(b) Where it is not possible to use the control equipment installed on the vehicle in a normal and appropriate manner, each member of the crew shall record manually, using appropriate graphic symbols, data relating to the times of his activities and rest on his record sheet.
(c) If the crew members were unable to use control devices to move away from the vehicle, they shall manually record on their record sheets appropriate graphic symbols the periods of time of their activities during their distance from the vehicle.
(d) Members of the crew must always be at their disposal and present for inspection the record sheets of the current week and the last day of the week preceding that during which they were driving.
(e) Crew members shall ensure that the control equipment is connected and used correctly and that it is corrected as soon as possible in the event of a defect.
2. The employer must issue to drivers a sufficient number of record sheets, taking into account the individual nature of the sheets, the duration of the transport and the need to replace the sheets damaged or taken by the worker in charge of the inspection. The employer may only issue to drivers sheets of an approved model suitable for use in equipment incorporated in the vehicle.
3. Undertakings shall keep records completed in accordance with points (b), (c) and (d) of paragraph 1 of this Article for at least 12 months from the date of the last registration and submit them to the inspection authorities upon request. ';
Refigure this Article to Article 11 and insert new paragraph 3:
'3. It shall also be prohibited to reward by the premium advantage or by improving the driver's salary for the distance travelled and / or for the volume of cargo transported, where such remuneration could give rise to principles of road safety. ';
Refigure and amend Article:
Measures ensuring the implementation of the Agreement
1. Each Contracting Party shall take all appropriate measures to ensure compliance with the provisions of this Agreement, in particular by roadworthiness checks and undertakings. The competent authorities of the Contracting Parties shall inform each other of the general measures taken to this end.
2. The Contracting Parties shall assist each other in the application of this Agreement and in monitoring compliance with it.
3. Within the framework of such mutual assistance, the competent authorities of the Contracting Parties shall regularly send each other all information concerning:
- infringements of this Agreement by drivers of vehicles registered in other States and any fines for such infringements,
- fines imposed by a Contracting Party on drivers of vehicles registered in their country for such infringements committed in the territory of the other Contracting Parties.
In the event of serious infringements, such information shall include penalties imposed.
4. Where the results of the roadside inspection of the driver of a vehicle registered in the territory of the other Contracting Party are grounds for believing that the provisions of the Agreement which cannot be detected during the inspection due to the lack of the necessary data, the competent authorities of the Contracting Parties shall assist each other to clarify the case. To this end, if the relevant Contracting Party carries out an inspection of the undertaking, it shall communicate the results of that inspection to the other Contracting Party concerned. '.
Refigure and amend Article:
Transitional provisions
The new Article 10 "Control equipment 'shall not be binding on the Contracting Parties to the Agreement until 24 April 1995. Until that date, the provisions of the original Article 12" Personal control book "and Article 12- bis" Control equipment. "'
Refigure Articles 16 to 18 of the Final Provisions to Articles 14 to 16.
Refigure the Article to Article 17 and amend the appeal in paragraph 2 "may, in accordance with Article 17," be "in accordance with Article 15."
Refigure Article 18.
Refigure Article 19 and amend the first sentence of paragraph 1:
"1. Each State may, when signing, ratifying or accessing this Agreement, declare that it does not feel bound by paragraphs 2 and 3 of Article 18 of this Agreement. ';
Refigure Article 20 and amend paragraph 3:
'3. The Secretary-General shall invite all States referred to in paragraph 1 of Article 14 of this Agreement to each conference convened pursuant to this Article. ';
Refigure this Article to Article 21 and adapt the last part of paragraph 1 as follows:
"1...... referred to in paragraph 1 of Article 14 of this Agreement. '
Insert new Article 22:
(1) Appendices 1 and 2 to the Annex to this Agreement may be amended in accordance with the procedure laid down in this Article.
2. At the request of a Contracting Party, any draft amendment to Appendices 1 and 2 to the Annex to this Agreement shall be discussed by the Working Party on Road Transport at the European Economic Commission.
3. If adopted by a majority of the members present and voting and if that majority represents a majority of the Contracting Parties present and voting, this amendment shall be notified by the Secretary-General to the competent authorities of all Contracting Parties for adoption.
4. The amendment shall be accepted if less than one third of the competent authorities of the Contracting Parties have notified the Secretary-General of their objections to the amendment within six months of the date of such communication.
5. Each amendment adopted shall be notified by the Secretary-General to all Contracting Parties and shall enter into force three months after the date of such notification. ';
Refigure and amend Article:
In 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 paragraph 1 of Article 14 of this Agreement:
(a) ratification and accession pursuant to Article 14 of this Agreement;
(b) the dates on which this Agreement enters into force pursuant to Article 14 of this Agreement;
(c) withdrawal pursuant to Article 15 of this Agreement;
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Regulation Information
| Citation | Communication from the Ministry of Foreign Affairs No. 80 / 1994 Coll., on the negotiation of Appendix 2 to the Europe Agreement on the work of vehicle crews in international road transport (AETR) |
|---|---|
| Regulation Type | International Treaty |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 13.05.1994 |
|---|---|
| Effective from | 24.04.1994 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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