1. Why Improve Road Transport
Enforcement in Europe?
Ellen Townsend
European Transport Safety Council
2. OVERVIEW
• EU road safety overview
• ETSC and Work Related Road Safety
• Research on Fatigue and Professional Drivers
• Fatigue in Europe
• Road Safety Implications for Professional Transport
• EU Legislation
• Fatigue Risk Management Systems
• Report on the Business Case
• ETSC Recommendations
9. ROAD SAFETY AT WORK IN THE EU
6 of 10 work accidents resulting in death are road crashes
10. THE PRAISE PROJECT
• Thematic Reports
• Case Studies
• Awards
• Country Seminars
• Annual events
• Advocacy
11. PRAISE REPORT ON HGV SAFETY
• Data and main risks – Fatigue
• Workplace Health Promotion
• EU legislation
• Social rules: enforcement; training; fines; fraud;
informing drivers, journey planning and
infrastructure
• Employers: safety culture; compliance with
legislation; Good Practice
Download from: www.etsc.eu/praise
16. • Driver fatigue a significant factor in 20% of
commercial road transport crashes;
• Fatigue main cause in 6% of collisions, 37% of these
were fatal.
• International truck drivers said they were tired
behind the wheel and reported falling asleep more
than car drivers (23% vs 10%)
PROFESSIONAL TRANSPORT
FATIGUE RESEARCH
19. • 75% reduction in enforcement resources: loss
of expert knowledge and experience.
• Big variations in enforcement
• Germany and France doing nearly 50% of the
roadside enforcement
EC Report 2011-2012 Report (published 2014)
ENFORCEMENT LEVELS
20. • Big disparity in detection rates and rates of
offences
• Drops in detection rate from last reporting
period
• Few MSs manage required checks at
premises.
EC Report 2011-2012 Report
(published 2014)
ENFORCEMENT LEVELS
47 organisations from across Europe under one unique umbrella promoting science-based transport safety measures at EU level.
More than 200 experts contributing to ETSC’s Reviews, Policy Papers, Newsletters, Positions, Lectures, Press Releases, Year Books, etc.
The European Commission, member organisations, member states and corporate sponsors are funding our work
A science-based approach to road safety policy
Road
Actual figures higher as not all deaths recorded attributed to road collisions.
Road deaths fell by a negligible 1% in the EU last year according to new data released today by the European Commission. The drastic slowdown in progress puts at risk the region’s target of halving road deaths by 2020.
Policymakers do need to consider the return on investment of research.
The potential gains are huge for road safety.
PRAISE: A European project for a Global Issue
Aim: To advance the knowledge of the need for work-related Road Safety Management.
Aim: Examine the work-related road safety standards of EU Member States and carry out advocacy work at the EU level.
Sponsors include ETSC members DVR and IBSR and MAPFRE
3 year programme: new publications and handbook, case studies and seminars at national and EU level
(1st chapter of the handbook)
H&safety transport
6/10 work accidents resulting in death are road crashes, including both crashes while driving for work and commuting crashes (Eurogip)
40% of all road crashes involve people ‘on duty’ and people driving to work or returning from work (ORSA)
July 2014 W. Lothian, Scotland
A West Lothian couple and their young son and daughter have been killed in a road crash near Polmont.
The family's Fiat car was involved in a head-on collision with a lorry on the A801, near the Lathallan roundabout where it joins with the M9 at about 14:20 on Wednesday.
Police said the children were both under the age of three.
Emergency services cordoned off the scene, with the A801 closed between Lathallan and Bowhouse.
The Scottish Fire and Rescue service sent crews from Falkirk, Bo'ness and Larbert.
The lorry driver was not hurt in the crash.
In the European Union 4,254 people lost their lives in collisions involving heavy goods vehicles (HGVs)
Fig. 1 Average annual percentage change between 2001 and 2011 in the number of road deaths in collisions involving a goods vehicle with a maximum permitted weight larger than 3.5tt.
*CZ, EL, PT data for 2011 not available, average annual percentage change calculated for the period 2001-2010. **LT data for 2001 not available, average annual percentage change calculated for the period 2002-2011. †HU data for 2001 and 2011 not available, average annual percentage change calculated for the period 2002-2010. ‡RS data for 2001-2005 not available, average annual percentage change calculated for the period 2006-2011. •PL data refers to all goods vehicles.
This is HGVs data from IRTAD. The latest data they have are 2013. I made a figure of % change between 2012-2013 in the no of deaths in collisions with HGVs.
Small increases in PT, DK and NL.Note – not for all EU MSs and a small time frame.
Fatigue or sleepiness manifest itself in slower reaction time, diminished steering performance, lesser ability to keep distance to the car in front, and increased tendency to mentally withdraw from the driving task.
A person who drives after being awake for 17 hours has a risk of crashing equivalent to being at the 0.5 g/l blood alcohol level (i.e. twice the normal risk).
Surveys show that over 50% of long haul drivers have fallen asleep at the wheel. Increased crash risk occurs at night (peak levels at night can be 10 times daytime levels), the longer the working day and with irregular hours.
The following table shows different sources of fatigue and impacts on driving and link to possible countermeasures.
Reproduced from SafetyNet, Fatigue (2009).
The human body’s natural sleep wake cycle means that most people feel sleepy twice a day (at night and in the afternoon)
how long a person is awake is equally important: late at night and early in the morning will be a double burden on people who drive at night
Fatigue can come via private life/lifestyle factors or via work related pressures...can result in an impact on driving performance.
Professional drivers and amongst the increased risk groups. Can result in fatigue related crashes.
Counter measures include legislation and enforcement of working and resting hours legislation and fatigue management by employers.
Link to Fitness - sedentary lifestyle and poor eating habits contribute to more than 40% of professional drivers being categorised as obese or having a significantly elevated body mass index. Obese individuals are more frequently falling asleep whilst driving.
For professional drivers, long working hours often go together with early waking and reduced sleep.
Hamelin found that after 11 hours of work the risk of being involved in a collision doubles.
His data also shows that risk levels vary with three key factors. There is an increased risk of impaired function and drowsiness at night, an increased risk due to the greater length of the working day, and irregular working hours also seem to lead to sleep/alertness problems.
Research shows that driver fatigue is a significant factor in approximately 20% of commercial road transport crashes. ETSC 2001
The ETAC Study, based on the 624 collisions in the database, showed that while fatigue was the main cause in only 6% of the collisions, 37% of these were fatal.
In a recent study by SWOV, a group of mainly international truck drivers said they were tired behind the wheel and reported falling asleep while more frequently driving than car drivers (23% to 10%).
Workloads are increasing and drivers face escalating pressures, for example pressures from clients to deliver faster and more cheaply, with issues such as ‘just-in-time management’, increased traffic, remote monitoring and working irregular and long hours.
Drivers can be over-stressed by the demands placed on them to deliver goods to meet the schedules of modern transport systems and the impact of elaborate subcontracting chains.
If they fail to meet such schedules the transport operator may have to compensate the client for delays incurred.
This situation encourages drivers to flout the rules in relation to rest times so that they can deliver on time and remain competitive.
At European level a framework of social rules for goods and passenger road transport operators has been established over the years, in order to ensure the adequate social protection of road transport workers and improve road safety by preventing fatigue.
One important question is whether or not hours of work legislation can manage fatigue effectively. A recent review cites that this “one size fits all” approach cannot possibly manage the complex influencing factors and consequences of fatigue. Fourie C. et al (2011) Fatigue Risk Management Systems DfT
However, research points to the need for a more systematic approach that ‘improves HoW limitations and isolated measures for managing fatigue’.
Yet, hours of work should remain as the regulatory starting point. At the end of this presentation, I will look briefly at what fatigue risk management could offer employers and employees.
These management systems would go above and beyond the current legislative requirements on Hours of Work and employers taking this systematic approach would be better placed to prevent fatigue.
Fourie C. et al (2011) Fatigue Risk Management Systems DfT
Driving Hours Legislation:
Regulation 561/2006/EC of 15 March 2006. This set of common rules aims to avoid distortion of competition, improve road safety and ensure drivers' good working conditions within the EU.
Daily driving must not exceed 9 hours while a break totalling 45 minutes (separable into 15 minutes followed by 30 minutes) must be taken after 4 ½ hours’ driving at the latest.
The daily rest period ought to be at least 11 hours, with an exception of going down to 9 hours three times a week.
Working Time Legislation
Whilst the EU drivers’ hours rules place limits on driving times and rest periods, they do not place any specific limits on overall working time. The provisions of Regulation (EC) n° 561/2006 are, therefore, supplemented by the Directive 2002/15/EC laying down minimum requirements with regard to the organisation of the working time for all persons performing mobile road transport activities, including self-employed drivers.
The Directive regulates on a longer perspective the daily, weekly, monthly working time. Its main objective is to ensure that professional drivers are not being overloaded with work and to create comparable competition between the Member States.
Compared to the driving and resting time regulations, it has only an indirect influence on road safety.
Tachograph Legislation
A tachograph is recording equipment, fitted to commercial vehicles, which stores details of the movement of vehicles and of certain work periods of their drivers. The recording of the driver’s individual duty periods is mandatory in commercial vehicles in European countries for enforcement of driving-time regulations.
Recently updated in 2014
The legislative proposal looks at using the satellite positioning system, which would allow for better monitoring and provide important information for organising the logistics chain.
Aims to improve the technical capabilities of the digital tachograph and make it a real ‘smart’ tachograph and link into current ITS developments.
Includes measures such as improving the trustworthiness of the workshops
Tried to introduce a minimum degree of harmonisation of sanctions,
Harmonise training of control officers.
75% reduction in resources: 383.5 thousand to 96.7 thousand
Big variations in levels of enforcement
Germany and France doing 50% of the enforcement: 83 million out of 159 million
Big disparity in detection rates: 0.08 in Bulgaria to 6.07 in Slovakia of offences detected per 100 working days.
Drops in detection rate from last reporting period: Ireland 8.13 to 2.92 and Poland 5.82 to 1.91 – Why is this? which could be higher awareness of social legislation among drivers and undertakings or lower effectiveness of controls. (EC analysis)
Few MSs manage required checks at premises.
Germany manages 54% of all offences at premises.
National Level:
Focus also on eradicating fraud amongst numbers of Driver Cards – as common practice to have 3 Driver Cards – include this in an EU database to allow MSs to check this.
Use the European Risk Rating Scheme – not followed up by the EC. Delays - needs a sense of urgency
ditto enforcement data exchange. All these activities, if they do exist in the first place in the member states, are currently confined to the national level of member states.
ERRU – should be extended – recommendation to set up national electronic database should be implemented by all MSs..check level of implementation with EC if poss.?
Trust Based Schemes: UK, NLs? Evaluation.
EU Level:
Improve current enforcement
Build capacity
Peer Review – could help between MSs to build capacity instead of jumping straight to EC Infringement Proceedings.
Also physical presence can lead to real commitment.
See parallel with European Railway Agency – auditing…also leads to ‘sanctions’ totally different structure – Rail Safety Agencies in every EU MSs – co-ordinated by ERA.
Focus on certain types of infringements
“Consignors, freight forwarders, tour operators, principal contractors, sub-contractors and driver employment agencies must ensure that contractually agreed transport time schedules comply with the provisions on drivers’ hours (rest and driving time).”
all Member States to ensure that the chain of responsibility is enforced and that all of those involved take necessary steps to prevent driver fatigue through the appropriate application of the rules. ‘Ultimately any satisfactory scheme to regulate the working hours of commercial drivers should be built on mutual obligations or requirements.’
http://www.etsc.eu/documents/drivfatigue.pdf pg 22
Under Article 10(4) of Regulation (EC) n° 561/2006 consignors, freight forwarders, tour operators, principal contractors, sub-contractors and driver employment agencies must ensure that contractually agreed transport time schedules comply with the provisions on drivers’ hours (rest and driving time). A report from the European Parliament in 2010 noted that this obligation was only explicitly referred to in the national legislation of Denmark, Estonia, Finland, Poland and Sweden.
Furthermore, there are varying approaches across Member States on how control authorities check compliance with these rules by each of the actors involved.
Some Member States are already moving more towards a concrete application of Article 10 underlining the chain of responsibility and focusing on consigners.
Denmark, Estonia, Finland, Poland and Sweden have specific legislation
Different approaches in MSs on how to enforce this.
This recognises, especially in the case of large companies/consigners, that they are responsible for taking the decisions in terms of scheduling of work rather than individual drivers.
In Ireland, The Road Safety Authority has produced a guidance leaflet for those involved in the industry explaining the chain of responsibility for breaches of the rules on driving time, breaks and rest time. The simple two page leaflet clearly underlines that the rules relating to drivers’ hours are not just the responsibility of drivers. They are also the responsibility of anyone who, as part of their business, manages, operates, schedules or uses road transport services.
EC Report 2014 (which only has information on this part from 7 MSs) states that MSs seem to apply in their penalty systems principles of co-liability and proportionality by distinguishing between penalties for drivers and employers as well as parties that organise the transport operation and adjusting the penalty levels accordingly.
Different views from the enforcers: In Member State 1 only the drivers are held responsible and yet in another country it is the company owner and in Country C it is both!
Fraud:
‘the deliberate and deceptive action to interfere with the authentic recording process of the tachograph to facilitate the production of falsified records, including;
the preliminary acts and attempts with the same intention and
the possession of objects or instruments specifically meant, intended or used for that purpose.’
Euro Controle Route
Also -
Different types of fraud occur ranging from ‘occasional’ fraud, undertaken perhaps anything from once a month to once a year with actions that may not have an implication for road safety to ‘structural’ fraud, when an entire company is fraudulent and malpractice and manipulation are part of everyday working.
Also tackled by new legislation.
ECR/TISPOL Tachoweb Working Group (TWG) undertakes a number of different activities to support fighting fraud: workshops and manual.
Non compliance with obligations for minimum rest periods can result in driver fatigue and is estimated to produce an increase in the societal cost of collisions of 2.8 Billion Euro a year.
European Commission, 2011
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2011:0451:FIN:EN:PDF
Cited in the CE Delft, Handbook on estimation of external costs in the transport sector, 2008. On the basis of these estimations the EC conservatively estimated the cost of fatigue of professional drivers in terms of accidents to € 2.2 billion. Furthermore, it is estimated (CARE Database) that fatalities involving buses represent 28% of those involving heavy Duty Vehicles (HDV). Under the simplifying assumption that other costs of accidents (injuries, damage to the infrastructure, congestion, etc…) involving buses are following the same relation to the same costs generated by HDV, the total cost of accidents for all commercial vehicles above 3.5 t would amount to € 2.8 billion.
Changing drivers’ attitude and behaviour is the key to reducing their likelihood to drive while fatigued.
Primary prevention efforts, such as improving understanding of drivers about the importance of getting sufficient sleep prior to driving, the proactive use of naps to reduce hours of wakefulness prior to commencing a drive, and avoiding circadian performance troughs when planning journeys.
(PACTS)
CPC plus specific campaigns and further trainer at national and employer level
Give Examples
Germany
“Keep awake behind the steering wheel” – Wach am Steuer
The German Social Accident Insurance Institution for the transport industry offers specific training to raise the awareness about fatigue in road transport to their member companies. This training scheme was tailor-made for truck drivers and was tested and evaluated by Ford Gmbh in Cologne. The drivers learn to develop strategies against fatigue, e.g. to recognise first indicators of fatigue.
Ireland
The Road Safety Authority of Ireland has produced a suite of information and guidance material aimed at both drivers and operators to assist in understanding the rules and responsibilities in the area of tachographs and driving hours and underlining their importance in terms of combating fatigue and improving road safety. The leaflets present the Directives in a clear and simple manner and are used in professional driver CPD training as well as for general distribution.
The IRU Academy
Training of control officers
Member States shall ensure that control officers are appropriately trained for the analysis of the data recorded and the checking of tachographs in order to achieve efficient and harmonised control and enforcement.
2. Member States shall inform the Commission of the training requirements for their control officers by 2 September 2016.
3. The Commission shall, by means of implementing acts, adopt measures specifying the content of the initial and continuing training of control officers, including training in relation to techniques to target controls and to detect manipulation devices and fraud. Those measures shall include guidelines to facilitate the implementation of the relevant provisions of this Regulation and of Regulation (EC) No 561/2006. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 42(3).
4. Member States shall include the content specified by the Commission in the training given to control officers.
Adopt measures specifying the content of training of control officers, including targetting controls and to detect manipulation devices and fraud.
Guidelines to facilitate the implementation of the relevant provisions of this Regulation and of Regulation (EC) No 561/2006.
Member States shall include the content specified by the Commission in the training given to control officers.
Combined Learning Objectives for Safer Roads
After Trace (Transport Regulators Align Control Enforcement).
Aims: to achieve harmonized enforcement practices and relying on input from all the stakeholders in the logistic chain (drivers, operators,enforcers) the project will produce training requirements in the following area's:
cabotage enforcement
cargo securing
extension of the trace results to drivers and operators as well as focus on company check
penalties shall be effective, proportionate, dissuasive and non-discriminatory. (2006/561)
Also, Level of sanction should reflect the seriousness of the infringement
Latest Tachograph Revision – attempt to harmonise was thrown out by Council now we have similar to 2006:
Member States shall, in accordance with national constitutional arrangements, lay down rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. Those penalties shall be effective, proportionate, dissuasive and nondiscriminatory, and shall be in compliance with the categories of infringements set out in Directive 2006/22/EC. 2.
The Member States shall notify the Commission of those measures and the rules on penalties by 2 March 2016. They shall inform the Commission of any subsequent change to those measures.
‘The rules on penalties applicable to serious infringements of the social legislation vary appreciably between Member States as regards the types of penalties, the level of fines and the categorisation of infringements’. (EC Report 2014)
Manipulation of a driver’s tachograph, for example, is penalised with a fine of up to €586 in Lithuania but €2,460 in Poland. In other countries, the fine can be even higher for such an infringement – €4,601 in Spain; up to €6,232 in Italy; and up to €30,000 in France, with the additional possibility of a one-year jail sentence. In the UK, deliberate falsification of tachograph records can result in a £5,000 fine, and a jail sentence under the more general conviction of fraud
Data collection should also be improved at national level.
Information for undertakings and lorry drivers.
Target professional drivers with information, education and training.
Target SMEs.
Employees’ ill-health should be considered as part of risk assessment under Directive 89/391, and Work Place Promotion should be recognised as an efficient tool to combat fatigue.
Develop a brochure for undertakings and for lorry drivers about the relevant social rules and the penalties.
Target professional drivers with information, education and training about the dangers of driving when tired.
Efforts should be made to target transport subgroups such as small firms and self-employed workers.
Employees’ ill-health should be considered as part of risk assessment under Directive 89/391, and Work Place Promotion should be recognised as an efficient tool to combat fatigue.
Furthermore, from a profit-making perspective, cost analysis research shows that cost savings made through preventive safety countermeasures translate automatically into the profit margin.
Our main publication with updates on these issues: Safety Monitor.
Thank you for your attention..