2006-06-16 | BWBV0004455 | Europese Overeenkomst nopens de arbeidsvoorwaarden voor de bemanningen van motorrijtuigen in het internationale vervoer over de weg (AETR)
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@ -158,19 +158,11 @@ Provided that road safety is not thereby jeopardized and to enable him to reach
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### Artikel 10
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**1.**
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**1.** The Contracting Parties shall prescribe the installation and use on vehicles registered in their territory of a control device according to the requirements of this Agreement and the Annex and Appendices thereto.
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The Contracting Parties shall prescribe the installation and use on vehicles registered in their territory of a control device according to the following requirements:
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**2.** The control device within the sense of this Agreement shall, as regards construction, installation, use and testing, comply with the requirements of this Agreement and the Annex and Appendices thereto.
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a) The control device shall as regards construction, installation, use and testing, comply with the requirements of this Agreement and the annex thereto, which shall form an integral part of this Agreement. A control device which as regards construction, installation, use and testing complies with the EEC Council Regulation No. 3821.85 of 20 December 1985 shall be deemed to be in compliance with the requirements of this article.
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b) If the normal and appropriate use of a control device installed on a vehicle is not possible, each crew member shall enter by hand, using the appropriate graphic representation, the details corresponding to his occupational activities and rest periods on his record sheet.
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c) When, by reasons of their being away from the vehicles, the crew members are unable to make use of the device, they shall insert by hand, using the appropriate graphic representation, on their record sheet the various times corresponding to their occupational activities while they were away.
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d) The crew members must always have available, and be able to present for inspection record sheets for the current week and for the last day of the previous week on which they drove.
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e) The crew members must ensure that the control device be activated and handled correctly and that, in case of malfunctioning, it be repaired as soon as possible.
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**2.** The employer shall issue a sufficient number of record sheets to drivers, 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 equipment installed in the vehicle.
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**3.** Undertakings shall keep in good order the record sheets filled in as provided under (b), (c) and (d) of paragraph 1 of this article, for a period of not less than 12 months after the date of the last entry and shall produce them at the request of the control authorities.
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**3.** A control device conforming to Council Regulation (EEC) No. 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.
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### Artikel 11
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@ -228,7 +220,18 @@ In case of serious breaches, such information shall include the penalty imposed.
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### Artikel 13
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The provisions of new article 10 - Control device, shall not become mandatory for countries Contracting Parties to this Agreement until 24 April 1995. Before that date the provisions of the old article 12 - Individual control book, and the old article 12 *bis -* Control device, shall continue to apply.
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**1.** All the new provisions of the present Agreement, including its Annex and Appendices 1B and 2, relating to the introduction of a digital control device, shall become mandatory for countries which are Contracting Parties to this Agreement at latest four years after the date of entry into force of the relevant amendments resulting from the procedure specified in article 21. 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.
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**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.
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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.
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**3.**
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Any instrument of ratification or accession deposited by a State after the entry into force of the amendments referred to in paragraph 1 shall be deemed to apply to the Agreement as amended, including the deadline for implementation specified in paragraph 1.
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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.
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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.
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## Titel . Final provisions
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@ -309,6 +312,8 @@ If no objection to the proposed amendment has been stated under paragraphs 2 and
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- the date by which all the Contracting Parties which sent such communications have notified the Secretary-General of their acceptance of the proposal, subject to the proviso that, if all the acceptances were notified before the expiry of the period of six months referred to in paragraph 2 of this article, this date shall be taken to be the date of expiry of the said six-month period;
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- the date of expiry of the period of nine months referred to in paragraph 3 of this article.
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**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.
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**6.** Any amendment deemed to be accepted shall enter into force three months after the date on which it was deemed to be accepted.
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**7.** The Secretary-General shall as soon as possible notify all Contracting Parties whether an objection to the proposed amendment has been stated under paragraph 2 (*a*) of this article and whether he has received from one or more Contracting Parties a communication under paragraph 2 (*b*) of this article. If he has received such a communication from one or more Contracting Parties, he shall subsequently inform all the Contracting Parties whether the Contracting Party or Parties which have made such a communication raise an objection to or accept the proposed amendment.
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@ -325,8 +330,25 @@ If no objection to the proposed amendment has been stated under paragraphs 2 and
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**4.** The amendment shall be accepted if, within a period of six months following the date of notification, less than one-third of the competent administrations of the Contracting Parties notify the Secretary-General of their objection to the amendment.
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**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.
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**5.** Any amendment accepted shall be communicated by the Secretary-General to all the Contracting Parties and shall come into force three months after the date of its notification.
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### Artikel 22 bis
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**1.** Appendix 1B of the Annex to the present Agreement shall be amended according to the procedure defined in the present article.
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**2.** Any amendment proposal to the introductory articles of Appendix 1B shall be adopted by the Working Party on Road Transport of the Economic Commission for Europe by a majority of the Contracting Parties present and voting. Any amendment thus adopted will be transmitted by the secretariat of the Working Party to the Secretary-General for notification to all Contracting Parties. It shall enter into force three months after the date of notification to Contracting Parties.
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**3.**
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Appendix 1B, adapted for the present Agreement from Annex IBAs last amended by Commission Regulations (EC) No.1360/2002 of 13 June 2002 (OJ L 207 of 5 August 2002 (corrigendum OJ L 77 of 13 March 2004)) and No. 432/2004 of 5 March 2004 (OJ L 71 of 10 March 2004). of Regulation (EEC) 3821/85 as cited in article 10 of the present Agreement, depending directly on evolutions introduced into this Annex by the European Union, any amendment made to this Annex shall be applicable to Appendix 1B under the following conditions: of Regulation (EEC) 3821/85 as cited in article 10 of the present Agreement, depending directly on evolutions introduced into this Annex by the European Union, any amendment made to this Annex shall be applicable to Appendix 1B under the following conditions:
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– the secretariat of the Working Party on Road Transport of the Economic Commission for Europe will officially inform the competent authorities of all Contracting Parties of the publication in the Official Journal of the European Communities of the amendments introduced to Annex IB of the Community Regulation and at the same time will communicate this information to the Secretary-General accompanied by a copy of the relevant texts.
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– these amendments shall enter directly into force for Appendix 1B three months after the date of communication to Contracting Parties of the information.
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**4.** When a proposal to amend the Annex to the present Agreement also implies an amendment to Appendix 1B, the amendments concerning the Appendix may not enter into force before those concerning the Annex. When, in this framework, amendments to Appendix 1B are presented at the same time as amendments to the Annex, their date of entry into force shall be determined by the date resulting from application of the procedures outlined in article 21.
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### Artikel 23
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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 article 14, paragraph 1, hereof of
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