Circular No. 08/2011/TT-BGTVT dated March 08, 2011 of the Ministry of Transport on promulgation the national technical regulation on automobile tachograph

CIRCULAR

ON PROMULGATION THE NATIONAL TECHNICAL REGULATION ON AUTOMOBILE TACHOGRAPH

THE MINISTRY OF TRANSPORT

Pursuant to the Law No. 68/2006/QH11 June 29, 2006 on standards and technical regulations and the Government s Decree No. 127/2007/ND-CP dated August 1, 2007, detailing a number of articles of the Law on Standards and Technical Regulations;
Pursuant to the Government s Decree No.51/2008/ND-CP dated April 22, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Transport;
Pursuant to the Government s Decree No.91/2009/ND-CP of October 21, 2009, on road transport business and business conditions;
At the proposal of the Director general of Science and Technology Department
The Minister of Transport provides as follows

Article 1.Promulgating attached this Circular“Thenational technical regulation of automobile tachograph”;

Code QCVN 31: 2011/BGTVT

Article 2.This Circular has effect for implementation after 45 days, from the day of signing.

Article 3.Tachograph are entitled to mount on transport business automobiles which are subjects provided in the Government s Decree No.91/2009/ND-CP, only after conducting registration of valid regulation-conformity announcement, have valid regulation-conformity seal as provisions in this Regulation.

Article 4.Chief of Ministry Office, chief Ministry inspector, directors general of departments, director general of Vietnam register department, director general of Vietnam Road department, heads of unities and the relative organizations, individuals are responsible for implementation this Circular  .

QCVN 31: 2011/BGTVT

THE NATIONAL TECHNICAL REGULATION ON AUTOMOBILE TACHOGRAPH

The Foreword

QCVN 31 : 2011/BGTVTcompiled by the National technical regulation on automobile tachograph Committee, appraised by the Ministry of Science and Technology and issued  by the Minister of Transport attaching with the March 08, 2011 Circular No. 08/2011/TT-BGTVT .

INDEX

1. GENERAL REGULATION

1.1. The scope of applying

1.2. The subject of applying

1.3. Interpretation of terms

2. TECHNICAL REGULATION

2.1. The general requirements of the automobile tachograph

2.2. The specific technical requirements of the automobile’s route monitor

3. REGULATION ON MANAGEMENT

3.1. Announcement of valid regulation-conformity

3.2. The requirements of compliance with information technology product

3.3. The requirements of product labeling

3.4. Implementation Operation

3.5. Applying documents

THE NATIONAL TECHNICAL REGULATION

ON AUTOMOBILE TACHOGRAPH

1. GENERAL REGULATION

1.1. The scope of applying

This Regulation provides minimum technical requirements of tachographs which are mounted types of automobile be subjects provided in the Government s Decree No.91/2009/ND-CP of October 21, 2009, on road transport business and business conditions.

1.2. The subject of applying

This Regulation apply for organizations, individuals in related to manufacture, assembling, import, distribution, quality certificate checking, using and operation of the tachographs which are mounted on types of automobile which have the scope of applying such as clause 1.1 stated above .

1.3. Interpretation of terms

In this regulation, the following terms shall be construed as follows:

-Tachograph (GSHT):means electronic equipment mounted on the automobile, aims to record, archive and transmit information in related to the operate process of automobile in a fixed duration;

-The automobile trip: means routes, which automobile drive on, specific determined on time, coordinate of point of departure or destination of automobile, and point of stopping, parking on the road;

-The limited speed: means speed is permitted to maximum for each type of automobile, according to the automobile trip;

-The time of uninterrupted driving of the driver: means the time in which the driver control automobile driving continuously over 4 hours, without parking for rest minimum in 15 minutes or longer .

2. TECHNICAL REGULATION

2.1. The general requirements of the automobile tachograph

2.1.1. Structure of the tachograph:

The tachograph conclusive hardware (microprocessor, record part, archive part, transmit part, dial indicator of real time, GPS global position signal receipt part, drive information collecting part, connection gate, equipment behavior information part ) and software analyzing data.

2.1.2. The requirements of minimum information need record, handle, and archive and transmit of the tachograph

The tachograph must have function of continuous record, archive and transmit through the network to computer of enterprise for saving as provisions, regard to minimum information of the following process of automobile extraction, operation:

- Information of the automobile and driver;

- Automobile trip;

- The operation speed of automobile;

- The number of time and time of stopping or parking;

- The number of time and time of opening and closing automobile’s doors;

- The working time of driver (conclusive: time of uninterrupted driving of the driver and total of driver’s working time in a day)

With the minimum information stated above, depend on the management requirements of transport enterprise, the tachograph may have more other management assistance functions

2.1.3. Condition of operation

The tachograph must be small, neat, hard cover in order to ensure normal activity in driver’s operation environment, which shall not lost or change recorder, archived data in tachograph.

2.1.4. The function of automatic confirmation of operation behavior of the equipment

When beginning operation, the tachograph must conduct check itself and have seal to inform of the operation behavior of the equipment

2.1.5. The connection gate

The tachograph must have at least a connection gate 9 legs pursuant to the RS 232 standard (DB9-Male, DTE).

2.1.6. The function of transfer and print data through connection gate of the tachograph

- Having to ensure of output through connection gate to print or save, copy the minimum information data immediately in relation to the process of automobile extraction, operation such as provided at the section 2.1.2.

- When printing, copying, saving or transmitting data, are not permitted to change or delete data which saved in the memory of tachograph

- Having to ensure of connecting with hand mobile printer (type of print needle or print heat) in order to print directly from the tachograph data need print as stated above according to the following standards:

+ Connecting to hand mobile printer through RS 232 connection gate;

+ Output data according to ASCII format (raw data, in Vietnamese without mark);

+ Print script ESC/POS;

+ Printing format: 24 letters/row

- Data need print:

+ The immediate speed of automobile at ten arbitrary points of time during automobile running trip

+ The number of time when automobile run exceed limit speed and keep in continuously 30 seconds during automobile running trip;

+ The number of time opening and closing automobile’s doors during automobile running trip;

+ The working time of driver (conclusive: time of uninterrupted driving of the driver and total of driver’s working time in a day) during automobile running trip;

2.1.7. The capacity of memory:

The capacity of tachograph’s memory must ensure for recording and archiving minimum data in related to the automobile (provided in the section 2.1.2) in the minimum time is 30 days.

2.1.8. Synchronism with time of GPS:

When operation, all of data which are related to time of archiving must be synchronous with the GPS time and adjust pursuant to the hour of Vietnam. When loss signal of GPS, must automatic switch over using time-clock control of tachograph which has been synchronous with time of GPS before that;

2.1.9. Software for analyzing data

Analyzing data Software of tachograph must satisfy the following minimum requirements:

- Being enable to search, access, archive, make table, data chart, … of minimum information in relation to the process of automobile operation prescribed in the section 2.1.2;

-  Having interfaces and results presented in Vietnamese (marked or no marked) and in English;

- Being enabled to install of common management systems;

- For identity information of automobile and driver: (VNI, license plate, name of driver and license permission …), which analyzing data software system may access without amending or deleting.

2.1.10. The security of data

- Data which is recorded and archived in tachograph must ensure not to delete or change during time of archiving such as prescribed;

- Having mechanism of copying, saving data, in order to ensure in case tachograph is damaged, data archived in tachograph shall be preserved and can used through a other equipment.

- In case of import tachograph, it must be adjusted pre-installed softwares in tachograph, in order to data prescribed in the section 2.1.2 can be recorded, archived and transmitted to complain with requirements in the section 2.1.9. 

2.1.11. The used power

Tachograph uses the power of automobile. The rated voltage of tachograph must compliant with rated voltage of automobile and have electrode inverse plugged possibility as prescribed in the table 1.

Table 1: The rated voltage and the test voltage of tachograph

When test of electrode inverse plugged possibility for the test voltage prescribed in the table 1 in time of 1 minute, automatic power down part have to power down itself , then tachograph must operate normally ( automatic functions of checking, recording, archiving and transmitting data must run normally).

2.2. The specific technical requirements of tachograph

The specific technical requirements of tachograph’s functions prescribed in the section 2.1, specifying as:

2.2.1. Output first data (identity information of automobile and driver)

Tachograph must record time, place of rate of automobile and driver’s first data. Through connection gate, or direct by handling keys, tachograph conduct recording, archiving and transmitting network to computer of enterprise the following first data  as:

- Vehicle identity number (VIN) and license plate;

- Name of driver and license permission;

- Serial number of tachograph and the latest adjustment day;

The first identity Information of automobile and driver stated above, must attached with all file of information archiving in tachograph.

2.2.2. Information of working time of driver

- Time, coordinate of beginning and ending of working of each driver;

- Recording of time of uninterrupted driving of the driver and total of driver’s working time in a day;

- Transmitting signal of warning as  time of uninterrupted driving or total ofdriver’s working time in a day exceed of the provided limit.

2.2.3. Information of rate and time of stopping or parking

Coordinate, moment and time of rate of stopping or parking during automobile trip;

2.2.4. Information of rate and time of closing, opening automobile’s door

Information of rate and time of closing, opening automobile’s door during automobile trip inclusive:  automobile Coordinate, automobile speed, moment, time of closing, opening automobile’s door.

2.2.5. Information of automobile trip

Information of time, speed, stretch of driving road, automobile’s coordinate each minute during automobile’s driving trip.

2.2.6. Information of automobile speed

- Average operation speed of each minute of automobile in accordance with real time during automobile’s driving trip;

- Automobile’s immediately speed each second during automobile’s driving trip. This information is enabling to output through direct connection gate of tachograph at anytime during automobile’s driving trip;

- Warning driver as automobile run with speed exceed limit and recording rate of driving exceed speed limit during automobile’s driving trip;

- Unit of speed for recording is km/h; recordable maximum speed shall smaller than 150km/h; dividing of measuring scale is smaller or equal 1km/h;

-  Automobile speed which is defined through tachograph, must ensure not to be error more than ± 5 km/h comparing with automobile’s real speed. The accuracy of automobile’s speed is tested as keep on speed of driving firmly at 60km/h on a smooth road.

3. REGULATION OF MANAGEMENT

3.1. Announcement of valid regulation-conformity

3.1.1. Tachographs which are producted, assembled, traded in home and import, must announced valid regulation-conformity in accordance with provisions of this Regulation.

3.1.2. Manner, order, procedure of announcement of tachograph’s valid regulation-conformity conduct by “the regulation on certification of standard conformity, certification of technical – regulation conformity, announcement of technical –regulation cement of technical regulation conformity” adopted together with theScience and Technology Ministry sDecision No. 24/2007/QD-BKHCN of September 28, 2007 and other provisions of law, applying specifying as:

a. Tachographs which are producted, assembled in home: applied manner 1, annex II together the Decision No. 24/2007/QD-BKHCN stated above. Content of testing sample is conducted as provisions in part II of this Regulation;

b. Tachograph which are imported together with goods lot: applied manner 7, annex II together the Decision No. 24/2007/QD-BKHCN stated above. Test samples are collected random depend on lot of imported tachograph, prescribed:

- For tachograph have amount to 100:                                          02 samples

- For tachograph have amount from over 100 to 500:          03 samples

- For tachograph have amount more than 500:                              05 samples

Content of testing sample is conducted as provisions in part II of this Regulation. Result of testing of all samples must meet requirement. In there are one in testing samples which has one or more criterions failing to meet requirements, shall conduct to sampling second time. When testing second time, if there are one or more samples failing to meet requirements, all of that lot of tachographs, which are registered for testing, shall fail to meet requirements and not to register again

The announcement of valid regulation-conformity which is evaluated by manner 7, shall be valid for each lot of import tachograph (base on serial numbers of registered tachographs).

3.1.3. Operations who test appraising conformity of this Regulation, must have certificate in which register activities fields in accordance with provisions of theScience and Technology Ministry s Circular of April 08, 2009 and must be assigned by the Ministry of transport;

3.1.4. Dossier of valid regulation-conformity announcement must be archived during time when tachograph is assembled and used on automobile.

3.2. Requirements of conformity with technology information product

Beside of valid regulation-conformity announcement as this regulation, tachograph must be certificate/announce conformity as relative provisions of the Information and communication Ministry regard to the GSM terminal information equipment.

3.3. Requirements of goods labeling

Goods label must be paste, stick, print, direct on goods and trade packing at the easy readable position with the following minimum information:

- Name and serial number of goods;

- Name and address of producer/importer having liability on good quality;

- The origin of goods;

- Seal of valid regulation-conformity announcement;

- Period of guarantee;

3.4. Implementing operation

3.4.1. Duty of organizations, individuals:

a. Organizations, individuals who product, assemble and import tachograph, have liabilities:

- Ensuring goods quality in accordance relative provisions of the Law on product and goods quality;

- Announcement of valid regulation-conformity under provisions in this Regulation;

- Registration of valid regulation-conformity announcement according to theScience and Technology Ministry sDecision No. 24/2007/QD-BKHCN of September 28, 2007;

- Only putting tachograph on business and mount on transport means after confirmed finish of Registration of valid regulation-conformity announcement, having valid regulation-conformity seal and ensuring requirements of conformity labeling.

- Supplying guarantee service, having liability on product quality and ensuring for operation maintenance of tachograph mounted on automobile during automobile’s operation;

b. Operations who test appraising conformity of tachograph have liability according to article 20 of the Law on product and goods quality and other relative provisions of law;

c. Organizations, individuals manage transport means mounted tachograph

- Being permitted only of mounting and using tachographs which attached with valid regulation-conformity seal and conformity goods label;

- Having liability for ensuring of keeping on tachograph’s operation status uninterruptedly when operate transport means managed by themselves as provisions;

2.4.2. Management, checking, handling of violations

- Science Technology department – Ministry of Transport is start office responsible for management of product quality and inspection of valid regulation-conformity announcement in accordance with this Regulation and other current relative;

- Organizations, individuals violate provisions on valid regulation-conformity announcement, registration, depend on nature and seriousness of violations shall be handled under provisions of law.

3.5. Applying documents

In case standards, regulations and provisions of law which are quoted in this Regulation have supplementing, amending or replacing, shall apply according to new documents. /.