START OF DIRECT ENFORCEMENT IN THE CZECH REPUBLIC. ZUZANA ADAMEOVA Ministry of Transport Czech Republic

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1 START OF DIRECT ENFORCEMENT IN THE CZECH REPUBLIC EMIL DOUPAL Transport Research Centre Czech Republic Obtained MSc. and Ph.D. degrees from the TU Brno. From 1990 to 1997 he worked for ETH Zurich on a wide range of WIM projects. Currently director of RTS GmbH in Zurich and works as expert for the TRC Brno in CZ. Member of Commercial chamber of RF Federation in commission of innovative technologies. ZUZANA ADAMEOVA Ministry of Transport Czech Republic Graduated in law from the Palacký University in Olomouc in After three years of practice in the Palacký University s legal aid office and the Faculty of Administrative Law she became a lawyer of the Department of Road Network of the Czech Ministry of Transport. IVAN KRIZ Czech Metrology Institute Czech Republic Obtained MSc. degrees from the Technical University of Brno, CZ. From 1992 he worked in Czech Metrology Institute as head of primary mass dept. and leading team responsible for type approvals of weighing instruments, From 2000 deputy director of CMI Brno. Member of EU and international working groups concerning mass measure and weighing instruments (EURAMET, WELMEC, OIML). Abstract The Czech Republic was the first country in the European region to start using HS WIM systems for direct enforcement concerning weighing road vehicles. The Transport Research Centre (TRC) designed the METHODOLOGY for the design and operation of control systems for weighing vehicles in motion (WIM), this document has been approved by Ministry of Transport in Czech Republic. The paper presents the most important parts of additional field tests regarding to fulfill all of the metrological and technical requirements, as well as any practical experiences with the initial verification of WIM system in realized Czech Metrological Institute and TRC. Keywords: WIM, Police, haulage, direct enforcement, research project. Résumé La République Tchèque fut le premier état européen à utiliser les systèmes de pesage en marche à haute vitesse pour la mesure directe du poids des véhicules. Le Ccntre de recherche pour les transports (TRC) a défini la méthodologie pour la conception et les opérations de contrôle des stations de pesage en marche, et celle-ci a été publiée. Elle a également été approuvé par le ministère des transports de la République tchèque. Cette publication présente les points les plus importants concernant les tests supplémentaires à effectuer sur site pour respecter les conditions techniques et métrologiques, ainsi que le retour d expérience des vérifications initiales de système de pesage en marche réalisées par l institut de métrologie Tchèque et le TRC. Mots clés : WIM, Police, contrôle sanction automatisé, projet de recherche.

2 1. Introduction The Czech Republic was the first country in the European region to start using HS WIM system for direct enforcement of vehicle weight. Paper describes regulatory framework of the vehicle weight control in the Czech Republic and metrology requirements of the HS WIM enforcement. Lastly, paper offers a commentary on results and experiences with HS WIM. 1.1 Regulatory framework of vehicle weight enforcement in the Czech Republic The legal basis for vehicle weight enforcement is stipulated by Sections 38a 38d Act no. 13/1997 Coll., on the Road Network, as amended (hereinafter, Road Network Act ) and Chapter X of Decree no. 104/1997 Coll., Implementing the Act on the Road Network, as amended (hereinafter, Road Network Decree ). 1 Specific provisions on vehicle weight enforcement were enacted and came into force on 1 July Related issues of road traffic safety and technical conditions of vehicles in operation are governed by different laws, namely Act no. 361/2000 Coll., On Traffic on the Road Network and on Changing Certain Acts, as amended, and Act no. 56/2001 Coll., On the Conditions for the Operation of Vehicles on the Road Network, as amended, including their implementing decrees. The Road Network Act recognizes two categories of vehicle weight control. Although the two categories are called low speed vehicle weight inspection (hereinafter, LS WIM ) and high speed vehicle weight inspection (hereinafter, HS WIM ), use of static scales is not excluded. The reason is that the Road Network Act defines HS WIM as weight enforcement with non-transferable scales, which does not require that vehicle diverts from operation. On the other hand, the LS WIM is defined as weight enforcement with any other technical facility, which does require diversion of vehicle from operation. Therefore, measurement of vehicle weight with static scales falls into the latter category and is allowed. Only vehicles of categories listed in Section 38a Road Network Act are subject to weight enforcement under the Road Network Act (i.e. vehicles of N2, N3, R3, R4 category and vehicle combinations consisting of a motor vehicle from N2, N3 category coupled to a trailer/semi-trailer of O2, O3, O4 category. Vehicle weight enforcement only applies to motorways, roads and municipal roads. 2 As far as the methods and performance of weighing itself are concerned, the Road Network Act is rather succinct. During the LS WIM vehicle is diverted from operation to site, which is maximum 16 km far away including return journey. Document containing weighing results is issued and handed over to the driver and later sent to the vehicle operator (haulier). During the HS WIM vehicle is not diverted from operation and thus the Road Network Act. Scales are built into the road infrastructure and the driver of the vehicle is obliged to submit the vehicle to a control, which is carried on the route of the vehicle regardless if the driver is familiar or not with the place where the HS WIM is performed. The absence of more detailed rules on the LS WIM performance does not jeopardize the legality of entire procedure. It is however necessary to note that both the LS WIM and the HS WIM shall be carried out with scales that are legally controlled measuring instrument. The Act no. 505/1990 Coll., 1 Public database of legislation of the Czech Republic is available at site in Czech language. 2 Highway is designed for long distance transport or international transport. 1 st class roads are designed for fast intercity and international transport, road of lower class is designed for transport between districts and urban areas. Finally, municipal roads serve for local transport in urban areas.

3 on Metrology, as amended (hereinafter, Metrology Act ) stipulates that a penalty 3 based on certain measurement may be imposed only if verified measuring instrument, which conforms to prescribed legal metrological requirements, was used. As far as the absence of more detailed procedural rules is concerned, the Czech Constitutional court delivered a judgement in the past, which contains conclusions applicable to weight enforcement as well. For the purposes of legal relations, it is sufficient that public authorities are required to use measuring devices in accordance with the Metrology Act. On the other hand, detailed legal requirements on methods and measuring devices, such as type, model etc., would be contrary to the requirement that laws shall only regulate legal relationships of the legislation addressees. 4 Both, the LS WIM and the HS WIM, are performed by the owner of the particular road, i.e. either the state, regions or municipalities. In case of the LS WIM road owners cooperate with either Police of the Czech Republic or Customs Administration of the Czech Republic. Furthermore, both, state police and customs administration are competent to perform the LS WIM themselves without involvement of road owners. The Road Network Act regulates penalties for infringements identified through the LS WIM or the HS WIM. The law recognizes two types of infringements, i.e. offense of the driver and offense of the haulier. 5 Whether the LS WIM or the HS WIM is used, results of measurements are forwarded to the competent authority if any infringement is identified. The competent authority (customs office or municipal authority depending on a category of an offence) conducts initial screening and initiates offence proceedings which may result in penalty. The rights of an accused person, such as the right to present evidence or the right to appeal, are respected throughout the offence proceedings. The maximum penalty for both driver s and haulier s offence is CZK fine. 6 In case of shortened offence proceedings the driver can be fined up to CZK only and by accepting the fine ticket he waives the right to appeal. 2. Metrology Aspects in WIM direct enforcement 2.1 Type certification simulated functional tests Simulated functional tests are performed when assessing resistance to the influence of the external environment on complete scales unless the size and/or configuration of the scales make it impossible to test them in their complete form. In such cases, testing is allowed with a load signal generator taking the place of load receptors. The metrological body approving measuring device types can accept a manufacturer's proposal to modify the method and manner in which simulated functional tests are performed, if suitable with regards to the specifics of the technology and design of the scales' measurement chain. [1] 2.2 Tests of resistance to physical effects Tests of resistance to random vibrations Shock resistance test 3 Penalty or administrative sanction for violation of rules on maximum gross and axle weight meets the criteria of criminal charge under Article 6 (see the European Court of Human Rights Judgement in Engel and Others v. the Netherlands, No. 5100/71; 5101/71; 5102/71; 5354/72; 5370/72, Series A no. 22, ) 4 The Czech Constitutional Court decision no. IV. ÚS 868/11 of 1 June 2011 (available at in Czech language only). 5 Offence of the driver is generally based on subjective liability (intentional offence), while offence of the haulier operator is based on strict liability. 6 The amount equals to EUR or USD approximately.

4 2.3 Weather resistance tests Resistance to limit temperatures Resistance to operating temperatures Resistance to air humidity Dust and water resistance 2.4 Electromagnetic compatibility (EMC) tests Resistance to interference caused by power lines, induced by high-frequency fields During a simulated functional test under the given test conditions, measurement error must not exceed the maximum permissible error or the system must detect a serious error and react to it. Resistance to electrostatic discharge Resistance to electrical fast transients/bursts Resistance to electrical surges Resistance to AC mains voltage dips Limit power voltages test 2.5 Software The special care shall be given to legally relevant software (i.e. programs, data, type-specific and device-specific parameters that belong to the measuring instrument, and define or fulfill functions which are subject to legal control) Resources for securing software subject to metrological verification of measuring devices are as follows: Only authorized individuals may be given access, for example using codes (passwords) or a special device (hardware key, etc.); codes must be changeable, The measuring device's memory must store all accesses, listing the date of the access, identification of the authorized individual performing the access, and the type of access, Memory capacity must be sufficient for at least 2 years of expected accesses; if memory capacity for access record storage is exhausted, no automatic erasure of any stored records can take place, It must be possible to recall relevant access records to the full extent of information recorded, It must not be possible to erase access records without removing a physical seal, Downloading of software subject to metrological verification must be possible only via an appropriate secure interface connected to the scales, The software must include identification of its version, which must change if any software version changes occur, Functions that are performed or launched via a software interface must meet the terms and conditions of this legislation. [1], [2] Czech Metrology Institute as the only authority in the Czech Republic for type approval certification and verification has issued from the starting point (year 2010) six type approval certificate for domestic and also for foreign manufacturers. Afterwards some installations were verified. The fact is that in the period from 2010 to 2015 only few of them were used for law enforcement since the legislation rules were not complete. Currently, three HS WIM systems are verified and can be used for weight enforcement in the Czech Republic. One site located in Moravia region and two sites located in Region of central Bohemia. We expect more activities in this field during the year 2017 since the ministry of traffic has announced to initiate a bigger tender for HS WIM systems that will be used on highways and also on selected regular roads.

5 3. Initial verification practical results and experiences with HS WIM In the Czech Republic since 2014 are tree HS WIM system for direct enforcement in operation. Results of initial verification in Tab.1 present the standard deviations intervals of three vehicle types full and half loaded. The initial verification on one of the above mentioned stations has been provided by CMI in co-operation with Transport Research Centre in September The results (see Tab.1) of the tests showed that the Standard deviation Interval was slightly more loaded on a static scale most cases resulted in the second axle being significantly heavier during dynamic weighing. The biggest weighing error of the first axle of Vehicle No.2 (half loaded) was between 6,80 9,92 % and 3,21 7,22% (loaded). Based on the above measured results the WIM site has been certified for a direct enforcement measuring, which started immediately after one moth verification phase. We assume that the higher the value of measurement error axles of four-axle vehicles was due to the fact that, with the vehicle axles are independently suspended (terrain version, flat steel suspension). For vehicles of structure measurements show values typically higher axle variations than conventional road vehicles. [5] Table 1 - Summary statistics for pre-weighed trucks Vehicle No. 1-2 axles rigid Standard Deviation Intervall in [%] full loaded half loaded GVW Axle Axle Vehicle No. 2-4 axles articulated lorry Standard Deviation Intervall in [%] full loaded half loaded GVW Axle Axle Axle Axle Vehicle No. 2-5 axles articulated lorry Standard Deviation Intervall in [%] full loaded half loaded GVW Axle Axle Axle Axle Axle

6 Figure 1 Vehicle No.2 Initial verification The mentioned WIM site position is on a secondary road (parallel to the highway D1 Prague Brno), with two traffic lanes. The traffic volume of heavy vehicles is aproximatly 600 veh./day. Table 2 - Statistic of penalized overloading vehicles, penalized on the WIM site II/602 Overloading in [t] >1 t >2 t >3 t >4 t >5 t >6 t Number of penalised 43 vehicles in one month period The most overloaded cases are local carriers. They form a full 98 % of all offenses, with practically no foreign carriers. For various reasons were excluded 29 potentially overloaded vehicles, because the validity of measuring were not 100%. [4], [5] 4. Conclusions and recommendations Although the HS WIM is a part of the Czech legal system for more than a decade, public authorities are far more experienced with the LS WIM. The HS WIM was primarily used as a pre-selection method due to the lack of certified scales in the Czech Republic. Only few years ago the Czech Metrology Institute issued first certificates for the HS WIM system. Near future will show us whether and to what extent the HS WIM became a solid part of weight enforcement in the Czech Republic. As far as metrological aspects are concerned, the following conclusions may be drawn: Validity of measurement must unconditionally create part of WIM systems built in the Czech Republic for the needs of direct recourse. Possible movement of load in the place of measurement influences the result of measurement of the weights of axles, however not the total weight of the vehicle itself. The impact of movement of load is significantly lower also as regards a set of axles. Accuracy of measurement of the distance between axles of a vehicle

7 The accuracy achieved by WIM system is ±5cm at best. In addition to that, HS WIM stations should be supplemented with: Measurement of position of a wheel in the cross-profile of the lane Distinguishing of an independent wheel and wheel set Measurement of temperature of the road in the place of sensors. [5] 5. References CMI CZ Measure of a general nature, No OOP-C010-10, ref. No. 0313/003/10/Pos., May 2010 OIML R134-1 "Automatic instruments for weighing road vehicles in motion and measuring axle loads Part 1: Metrological and technical requirements, Ministry of Transport and Communications Decree No. 341/2002 Coll., on approving technical competence, and on technical conditions for operating vehicles on the road network, as amended Doupal E., Cornu D., Kriz I. WIM-system for direct enforcement, 1 st -Seminarion International de Pesagem em Movimento, April 2011, Florianópolis, Brasil Doupal E., Novotny J. Methodics for the design and operation of weighing systems of vehicles in motion (WIM), Ministry of Transport Czech Republic, 2015 This article was produced with the financial support of the Ministry of Education, Youth and Sports within the National Sustainability Program I, project of Transport R&D Centre (LO1610), on the research infrastructure acquired from the Operation Programme Research and Development for Innovations (CZ.1.05/2.1.00/ ).