THE QUERY PROJECT - European Commission - Europa

LU I would consider as important an extensive and in-depth
education in mathematics and physics, seeing as one frequently
has to think laterally in order to interpret different
pieces of evidence. Without an in-depth education, one can
easily draw wrong conclusion without realising it. Especially
in criminal law, any resulting misjudgment can morally not
be justified.
SK A reconstructionist also has to know vehicle technology very
well. Here, the actual market demands in society, as well as the
actual practical experience of experts has to be considered
as well. Thus a reconstructionist has to be trained in damage
assessment and damage calculation as well.
GR A degree from a univerisity of applied science
[‘Fachhochschule’] has be to equated to that from a standard
university.
SE Hardly any accident reconstruction is carried out in Sweden,
and to get acceptance in the field of work a professional
profile with an academic degree and a certification are welcome.
Responses to question 31: Suggestions regarding possible
terms for the distinction of professional profiles
DE “Unfallberater” (German) – without adequate qualification,
this professional group would have to restrict themselves
to consultation in the private sector. For the lay person, the
difference between ‘Analytiker’ and ‘Gutachter’, ‘analyst’ and
‘expert’, is certainly not clearly visible.
ES I agree with the distinction, and it’s quite clear for me that
different tasks that are expected from each group, but I’m not
sure if the general public would differentiate. Anyway, the fact
is that accident investigation is, in Spain, being carried out
only by the police forces (sometimes even a pure reconstruction
is asked from the courts), and it seems difficult to me to
change this (I mean to let private persons have access to data
of an accident).
FR To avoid confusion, only one name should be given and
protected. In the public’s mind, either you can study accident
reconstruction or you cannot. French mindset is on/off.
GB “Accident investigator” is a broad term which includes accident
reconstructionists. It also includes road safety investigators
(e.g. Otte’s group in Hannover), and “accident analyst”
could be applied to them. “Accident analyst” should not be
used to describe a reconstructionist, whatever his level of
expertise. British lawyers would like to see the terms ‘engineer’
or ‘scientist’ attached to the higher qualified reconstructionists,
so I would propose “accident reconstruction scientist”
and “accident reconstruction engineer” as alternative titles
for such people: they can choose which one is more suited
to themselves.
PT Accident investigator - Averiguador de acidentes.
CH In my opinion a differentiation would be sensible. E.g.
‘Schadengutachter’ for German – the differentiation has to
be distinctive in oder to avoid confusion.
SK In my opinion, accident reconstruction expert reports should
be prepared only by experts with academic qualification.
Other experts can only provide assistance to some extent.
R E S u lt S o f t h E Q u E S t I o n n A I R E
Responses to question 40: Comments on driving licence
requirements
DE Standard car as well as motorcycle licence would be desirable
due to their differing vehicle dynamics. Class C licence (trucks)
not mandatory, but training in technology of commercial
vehicles useful.
ES Regarding question 37 – no driving licence is required.
Regarding question 38 – I don’t think a significant number
of Spanish reconstructionists (if any) have driving licences
other than class A and class B. My personal opinion (and I’ve
considered that possibility in the past) is that obtaining a
licence, without subsequent driving experience, hardly gives
you any extra knowledge.
PL What for A, C licence obtaining twenty years ago without any
practice?
FR Only B and A. Motorcycling involves complex links between
machine (power,...), environment (weather conditions,
roads,...), perception (fatigue, stature,...), etc. Those parameters
are easier to handle in other examples (trailers, buses,...)
GB There is no requirement in the UK for an expert to hold a driving
licence. All will, of course, have a B licence. If they have
any others, they would mention it in their reports if it were
relevant to the particular case.
CZ Some experts should be specialized on commercial vehicles.
FI There is no official requirement for the driver’s licence.
CH Practical experience is needed to assess dynamic vehicle
behaviour.
SK It is very important that a reconstructionist has experience
with other types of vehicles as well, especially motorbikes and
trucks. Without possessing class A and C, a reconstructionist
cannot provide the proper context. We have bad experience
with pure theoreticians.
GR We consider possessing all classes of driving licences except
passenger transport as necessary.
SE There are no full time working reconstructionist in Sweden
now. That is the reason for no figures in the above questions.
A degree in mechanical engineering would probably be the
most common degree later when the profession is established.
Responses to question 42: Other ways in which a reconstructionist
can document his expertise (e.g. through membership
of a professional organisation), in the absence of certification
LV The court hiring the expert gives the reconstructionist expert
status for the particular case he is hired for.
IT No certification is available in Italy at the moment. In every
court there is a bulletin-board of experts for each area of
expertise. Prerequisites to be registered on the court’s bulletin-board
could be specific technical expertise, to be part of
a professional bulletin-board, and upright moral behaviour.
In theory the judge or the prosecutor should hire an expert
belonging to the court bulletin-board (but this rule is not
strictly observed as the judge and the prosecutor can freely
hire the expert with whom they have a fiduciary relationship).
ES As well as an academic degree, reconstructionists can attend
private training courses which offer a diploma.