THE QUERY PROJECT - European Commission - Europa

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FR Favorize co-optation (Nomination through relationships), no real technical choice. Judges are overwhelmed with law cases and do not have time to review properly technical nomination details. No national view, only regional decisions. CY Even though the Engineering Chamber of Cyprus assigns experts and arbitrators in various fields including reconstruction, this does not mean that a person with little or no qualifications cannot be accepted in court as an expert. The judges in our legal system listen to the various testimonies and make their own evaluations. Usually in their decisions [they] make comments on the expert statements. very dissatisfied ------------------------ PL Certification according ISO norm, as certification of personnel is not a good way to recognise knowledge and experience. It is impossible to determine ability and intelligence which is necessary to experts’ work. NL For criminal law, [certification] for the police is provided by law, which is good. For civil law, a method of certification/ membership of an expert bulletin board is still being worked on. HU It would be necessary to liberalise the certification process. LV The certification method falls short on several points, is incomplete. Court is unable to pay for further training of accident analysts. GR There is no certification or other accrediation for accident analysts. So far, there is no examination of an analyst’s expertise. FI There is no certification nor education and training. SE There is none [no certification]. Question 61, answer: ‘other’ – details on other certification system preferred PL Random comparison between report and the records available, or competency tests. CH [Certification] through the federation of the particular professional group, and a state body. CY Certification through a <strong>European</strong> Institution. HU E.g. IQ certificate / Bonn. Responses to question 71: Comments on ISO accreditation LV ISO is not suitable for reconstructionists. A form of quality evaluation needs to be introduced! I have drawn up [such an evaluation] which I will be introducing at the EFA congress in Greece (www.efacongress.com). PL Accreditation at ISO isn’t a good idea. It is impossible to check the ability of experts to prepare good expertises. Also if certification exists, it is crazy to have it renewed after such short period as 3 years. For old experts it should be lifetime or 10 years. SI We don’t have an ISO accreditation of accident reconstructionists. CY There is no experience in Cyprus on ISO accreditation but if such accreditation would improve the quality of work of the reconstructionist, I believe it is something to evaluate seriously. HU There is no ISO accreditation in Hungary, only as of 5 years ago the IQ-Cert, formerly DVR-Cert. AT At the moment, the ISO certification is irrelevant. R E S u lt S o f t h E Q u E S t I o n n A I R E Question 94, answer ‘other’, occasions in which the expert is regularly called to an accident scence LV expert decides whether to attend the scene IT very rarely the case ES only for research projects PL important persons FR Extremely severe accidents CH regional differences / accidents through speeding Question 95, answer ‘other’: more than one option for the hiring of an expert in a penal case FR Judge in charge ES a, b, c PT a, b and c CH a, b, c NO a, c IT a, c SK The expert can also be called to court by one of the parties [= a,c] GR a, but b is also possible CZ Police NL The police carry out the primary work; a lawyer can consult the advice of a private expert Question 98, answer ‘yes, in the following situations can findings in a private expert’s report be kept confidential’ IT Things that are not favourable to the party PT During police investigations NL He always may, but with the risk of not being believed again in the future CH Solely has to answer questions LU Ethically not justifiable!! Question 101, Answer ‘other’ on requirement of oath in a penal case IT Only the court expert. CH No oath, a false report can be punished with a fine or up to five years in prison. Responses to question 112: Reasons for the preference of the availability of both joint and private expert systems DE For a severe accident, two experts are better, while for all minor accidents, one expert should suffice. NO Different solutions in different types of cases. FR Providing 2 insights is intellectually beneficial however choice should always be left to litigants. PT Freedom of choosing the best way of defence - expert is impartial LU Were there only competent and unbiased expert, one joint expert would be preferable. This should be aimed at but is sadly not the case. Therefore, the parties should at least have the possibility to defend themselves. BE The public prosecutor has an expert. Each party has an expert and sometimes the judge calls another expert. No matter who’s asking you to work: you give an expert opinion. GB [not for the availability of both systems] It must be understood that the experts on each side must give their true unbiased opinions. They must not act simply to support their client’s case. Generally this works, but there are a few notori-
R E S u lt S o f t h E Q u E S t I o n n A I R E ous individuals who are blatantly biased - usually the courts detect this and reject their evidence. Responses to question 123: Other professions carrying out tasks which fall into the working areas of reconstructionists DE Other vehicle experts LV Experts from the department responsible for road traffic, fire officers NO Police, official car inspectors, insurance people ES Police (calculating speeds, gathering evidence, insecure loads); technical inspectors (general vehicle checks); physicians (biomechanics); technical adjusters (nullification of sale, calculation of repair costs) PL Forensic medicine, Technical University staff FR Expert d’assurance, expert privé GB Forensic materials scientists or metallurgists; specialist vehicle technicians; biomechanical researchers; insurance assessors PT Accident investigators, Repair costs technicians Police, Official laboratories Private engineeers, Private organisations CZ Experts for damage calculation FI Traffic / highway engineer, police, technician CH Police experts, damage assessors, insurance people CY Engineers and Technicians working for the Ministry of Transport - Department of Vehicle Inspections SK Physicians, police, insurance people HU Damage assessors GR Traffic engineers from the National Technical College, damage assessors BE Medical experts, automotive experts DK Mechanics, road authorities SE Police determining causes, Research determining most things checked above, technical check is made by Bilprovning (company), repair costs are made by insurance company experts AT Insurance assessors, police Responses to question 130 - other resources used LV Experience with similar cases or expert reports GB Telephoning/e-mailing me and expecting free advice! CH Carrying out their own tests GR The answers to question 124 relate to DEKRA experts. Other experts in Greece use specialist literature and the internet as a resource. BE Carrying out our own test (5th wheel, decelerometer, V-BOX), total station AT EES catalogues Responses to question 133 – reconstructionists exchanging information with or drawing resources from other countries LV No exchange, but I would like to receive information from Germany and Switzerland NO Austria, Denmark IT Germany, USA ES 1. USA: SAE – Accident Reconstruction Paper 2. Austria: PC Crahs and other data from DSD, which includes information developed in Germany, Hungary, Slovenia etc. PL Austria, Slovakia, Czech, Germany, USA, UK FR US (DRI California); Austria (DSD Linz) GB United States (especially the SAE), Canada, Australia, Germany etc. CZ AREC Slovakia, Germany, Hungary SI Germany, Austria NL Germany, Austria, Switzerland, the English-speaking countries FI USA, Germany, Great Britain, Holland, New Zealand CH Germany, various others CY United States, Canada, Australia, Italy LU Austria, Germany SK Czech Rep, Germany, Hungary, Austria HU Germany, Austria, Slovakia, Slovenia GR Germany BE No possibilities. You have to follow training from AREC, EVU or use books and specialist literature. DK Germany, Norway AT Germany, Switzerland Responses received to question 134: Availability of further/ongoing training: LV I run a prviate school for traffic experts and their specialist training, and used to run training courses at the agricultural university. NO None IT Very poor, as far as I know. Probably some courses from one or two universities. ES Private courses from research institutes and universities (not official or academic degrees but specialisation training courses) PL Post graduate studies in four towns. Some extra courses. FR ITRA (Claude Tarrière) GB events organised by ITAI ; private courses (Accident Investigation Training Services, TRL etc.); occasional courses from manufacturers (Michelin, Siemens VDO) PT None CZ PhD study in Forensic Engineering at Institute of Forensic Engineering of Brno University of Technology (in Czech, Slovak, English or German language) SI No possibilities NL little FI only a very basic training CH specialist conferences CY Very good possibilities LU none, only abroad SK Full postgraduate course (4 semesters, i.e. 2 yrs) leading to an accident reconstructionist qualification in existence. PhD study for accident reconstructionist and other experts also available, as well as shorter training courses on specialst subjects, e.g. pedestrian accidents, impact analysis,... HU Specialist seminars (e.g. IbB-Hungary) and other events GR none BE No possibilities. You have to follow training from AREC, EVU or use books and specialist literature. DK Depends on where he/she is employed. SE None at the moment but Chalmers University is planning to set up a course in further training. AT Specific masters degree, various seminars, lectures at Graz Technical University.
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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
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.1. ThE RECONSTRUCTIONIST wIThIN Th
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. Progression . .1 QUERY PhASE I .
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. . . Conference QUERY Phase II, Br
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. The Research Results of the QUERY
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01.01.1999, the room for argumentat
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Professional association such as CE
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• Bradáč A. and Col.: Expert St
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The supervision of the certificate
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There is in addition to that a bunc
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annual reports and preliminary repo
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United kingdom Richard Lambourn rla
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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 64 and 65: 43) If you mentioned professional o
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 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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Page 134 and 135: 6. Appendices A P P E n D I C E S 1
Page 136 and 137: 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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