THE QUERY PROJECT - European Commission - Europa

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43) If you mentioned professional organisations in your answer to the previous question, is membership with these automatic, or does the reconstructionist have to submit details to prove his expertise? N [15] A B C A: anyone can become a member B: when applying for membership, the person’s expertise has to be proven C: other * 0% 25% 50% 75% 100% * CH: members vote on new admissons; DK: member must be appointed; no details given by other respondents . . . Certification Procedure Apart from Luxembourg, an exam always has to be passed as part of the certification procedure. Greece also responded that no exam was necessary, but there, reconstructionists register with individual courts. Such registration procedure does not require an exam in any country. 44) In order to obtain certification, does the reconstructionist have to pass an exam? N [12] NO The exam contents were listed as follows: DE Vehicle technology, law, accident reconstruction (not standardised throughout DE) LV Three expert report and annual attendance at a seminar for insurance damage assessors AT Oral and wirtten parts Written part: Reconstructing an accident from actual court case: Which factors have to be determined, which questions are to be expected from the court and the lawyers Oral part: general questions on the specialist knowledge of a reconstructionist For simulation also: preparation of three simulations Duration: written part: 1 hour; oral part: chairperson 15mins, each examiner 30mins Subjects: specialist knowledge (physics, vehicle technology, vehicle dynamics, gathering and interpretation of YES R E S u lt S o f t h E Q u E S t I o n n A I R E evidence, photogrammetry, injury patterns, time-distance analysis,...), examination on legal questions relating to court experts, e.g. court procedures, the organisation of expert lists, liability of an expert) CZ 1. Practical part: 3 expert evidences, 2. Written part: test (60 questions), 3. Oral part SI Kinetics, biomechanics, vehicle technology, road surfaces, expert and legal systems,... NL In civil law, a certification and registration system for this group of experts is being developed at present (details not known yet) SK Law, vehicle technology, theory of accident reconstruction, technical examination of vehicles HU Postgraduate education at technical university DK Control of all types of vehicles, driving licence examination (all classes), accident reconstruction The examining committees are made up of between one and five persons, averaging on three. The examining committee consists, in most cases, of at least one person with specialist technical expertise, and one with expert knowledge of the judicial system. 46) How many people is the examining committee made up of? AT CZ DE DK HU LV SK 0 1 2 3 4 5 6 7 persons The qualifications of the members of the examining committee were named as: DE Accident analyst, legal expert, engineer LV None, they are well-known people PL Some are professors of mechanical engineering, some experienced experts AT Chairperson: judge; Specialist Examiners: provided by the Federation of Experts, with the relevant specialisation, usually experienced experts CZ TU Professors, certified experts SI Vehicle mechanics, biomechanics, law SK All [members] must possess a university degree and have to be accredited experts HU Doctoral degree / Professorship DK Appointed by the Ministry of Justice, usually with a degree in engineering 6
R E S u lt S o f t h E Q u E S t I o n n A I R E In order to obtain certification, an expert must at least possess several years of working experience. As additional expertise or special training required for certification were listed: DE Working experience LV Specialisation – e.g. for expert reports on biomechanical issues, the expert needs to possess specialist training in biomechanics (occupant movement during impact) PL 2 years of experience and many expert reports (ca. 50-100) done as assistant of expert AT With relevant degree: 5 yrs working experience. Without: 10 yrs working experience. Additionally, knowledge of human factors (perceptive faculties) CZ Special training for accident experts (approximately 240 hrs) at the Institute of Forensic Engineering of Brno University of Technology SI 5 yrs working experience, suitable qualification, further training with contents proposed by the EVU NL A solid qualification, which can be a suitable academic one, or a comparable one on a comparable level SK Specialist postgraduate degree, 7 yrs working experience In all countries with an actual certifying system, certification requires an oath. In several cases, this oath upon certification replaces the necessity of an oath when giving evidence in Court. [While Latvia and Denmark answered that no oath is required, theirs is a different system of registration]. 6 49) Does the applicant have to take an oath? N [11] NO In all of the countries with a certifying system, moral integrity is also assessed as part of the certification process. The most common methods for the assessment of moral integrity are the use of references from experts in AR and of police records. Comments made in the free text all referred to a clean police record. In Slovenia, the applicant has to provide proof that the necessary tools to carry out his profession are available to him. In Germany, referees do not necessarily have to have a background in a reconstruction-related field. YES 51) If an assessment of the applicant's moral integrity is carried out, in which way is it assessed? (multiple answers possible) N [12] A B C D E FR, PL, CZ, SI, NL, DK, AT NL, GR FR, NL, LU, HU, GR, DK, AT SI, SK DE, CZ D: financial records E: other A: references from experts in accident reconstruction B: references from persons in the legal profession C: police records 0% 25% 50% 75% 100% The respondents were asked how satisfied they were with the assessment of moral integrity in their country, and whether moral integrity should be monitored more closely (i.e. after certification has been granted). The issue of such a continuous assessment is taken up by more than half of the respondents, who would like to see it introduced. However, there seems to be some uncertainty as to a suitable method for carrying out such assessment. For the full responses to question 52, please see endnotes. The length of working experience required for certification varies from two to seven years, averaging on 4.2 years for an academically qualified reconstructionist. In Austria, where the length of working experience required is five years, this increases to 10 years for candidates with a lesser qualification than the academic one.
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THE QUERY PROJECT Developing Guidel
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I M P R I n t Part financed by the
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Co n t E n t S Contents Preface . .
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P R E fAC E Preface Road accidents
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t h E P R o P o S A l I Accident Sc
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. The QUERY Project - Developing Gu
Page 14 and 15: .1. ThE RECONSTRUCTIONIST wIThIN Th
Page 16 and 17: . Progression . .1 QUERY PhASE I .
Page 18 and 19: . . . Conference QUERY Phase II, Br
Page 20 and 21: . The Research Results of the QUERY
Page 22 and 23: 01.01.1999, the room for argumentat
Page 24 and 25: Professional association such as CE
Page 26 and 27: • Bradáč A. and Col.: Expert St
Page 28 and 29: The supervision of the certificate
Page 30 and 31: There is in addition to that a bunc
Page 32 and 33: annual reports and preliminary repo
Page 34 and 35: United kingdom Richard Lambourn rla
Page 36 and 37: Germany Wolfgang Hugemann, wolfgang
Page 38 and 39: in order to estimate the possibilit
Page 40 and 41: working conditions The labour legis
Page 42 and 43: Italy Cinzia Cardigno, dr. ing. cin
Page 44 and 45: working conditions The forensic exp
Page 46 and 47: • to complement its analysis, if
Page 48 and 49: Poland Jan Unarski junarski@ies.kra
Page 50 and 51: working conditions Practicalities n
Page 52 and 53: values. Point values are harmonised
Page 54 and 55: Spain Juan Carlos Iribarren Vera Ce
Page 56 and 57: one expert opinion in a trial. If t
Page 58 and 59: While in some countries, more than
Page 60 and 61: 26) In principle, would you agree t
Page 62 and 63: 36) How many years does university
Page 66 and 67: 53) How many years' work experience
Page 68 and 69: a) effect of certification - privat
Page 70 and 71: 73 & 74) What is the hourly rate of
Page 72 and 73: In the same countries as above, as
Page 74 and 75: When asked how frequently a reconst
Page 76 and 77: . .6. Confidentiality of Private Ex
Page 78 and 79: In close to half of the countries,
Page 80 and 81: 114) Approximately what percentage
Page 82 and 83: . . RECONSTRUCTIONISTS’ wORkING f
Page 84 and 85: Academic Research 46% of respondent
Page 86 and 87: LU I would consider as important an
Page 88 and 89: FR Favorize co-optation (Nomination
Page 90: Responses to question 135: possible
Page 93 and 94: t R A n S l At I o n S o f t h E P
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t R A n S l At I o n S o f t h E P
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1 0
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6. Appendices A P P E n D I C E S 1
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Appendix II Agenda QUERY Phase II w
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accident analysis: see -> accident
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Appendix ‘D’, Forensics for Col
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• In connection with night-time p
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21) Please tell us, in percentages,
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67) Is the ISO standard and its acc
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108) If it is the judge who makes t
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1. Name and Registered Office The a
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the Executive Committee three years
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The European Association for Accide
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THE QUERY PROJECT - European Commission - Europa

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