EU Common Formula Risk Rating System

The EU has introduced a common formula for determining the risk status of operators via  Commission Implementing Regulation (EU) 2022/695. RSA has implemented this new system, which will replace the Commercial Vehicle Operator Risk Indicator (CVORI) system.

The decision to introduce the new system across the EU is primarily aimed at harmonising enforcement practices throughout the Union, by ensuring that all drivers and transport undertakings are treated equally as regards checks and sanctions under the applicable Union rules. It is also aimed at facilitating the exchange of information on risk scores in the context of cross-border enforcement.

As with the CVORI system, risk ratings computed according to this new system are available to operators via their  'CVRT Online Account'. It will be presented as a 'Red/ Amber/ Green ' status. Operators that have a current self-declaration can view their risk rating online. In all cases operators can only view their own risk rating. The RSA does not share an operator’s risk rating with any person other than the operator themselves.

This new system will be an important part of the RSA's ongoing enforcement toolkit and will be used to target operator/driver enforcement activity where there is most risk to road safety. Operators with a high risk (Red) indicator will be more likely to be targeted for roadside and premises inspections.

We have prepared a list of Frequently Asked Questions to assist operators/drivers with queries related to the introduction of this new risk rating system. Please see below for details.

Frequently Asked Questions

Why is the risk rating system changing?

The EU has introduced a common formula for assessing transport operators' risk and all Member States are legally bound to introduce this system. The aim of the EU Common Formula is to harmonise enforcement practices throughout the EU by ensuring that all drivers and transport undertakings are treated equally as regards checks and sanctions under applicable EU rules, and to facilitate the exchange of information on risk scores between EU Member States.

What is the legal basis for the EU Common Formula?

The legal basis for the common formula is Commission Implementing Regulation (EU) 2022/695 pursuant to Article 9 of Enforcement Directive 2006/22/EC as amended.

Will the CVORI system be decommissioned by the RSA?

RSA will maintain the CVORI system, but it will cease to be used by our officers for targeting purposes and neither will it be visible to operators via their 'CVRT Online Account'. No decision has been made at this point as to what the CVORI system might be used for into the future, but should we decide to introduce an Earned Recognition type system here like that in place in the UK, then we will examine the feasibility of incorporating it in some way.

Who does the EU Common Formula apply to?

The EU Common Formula applies to all operators, both licensed and unlicensed, with an expanded list of infringement types included for licensed operators.

What infringements are in scope of the EU Common Formula?

Infringements in scope for all operators include those relating to breaches of the EU rules relating to the following:

• Driving & rest time rules (Regulation  (EC) No  561/2006)
• Tachographs (Regulation (EU) No  165/2014)
• Working time for mobile workers performing road transport activities,(Directive  2002/15/EC) and
• Technical roadside inspections (roadworthiness) (Directive  2014/47/EU)

These infringements (including severities) are listed in Annex III to Enforcement Directive 2006/22/EC as amended for breaches of the driving & rest time and tachographs rules, Annex II to Directive 2014/47/EU as amended for breaches detected during vehicle roadside roadworthiness inspections, and Annex I of Commission Regulation (EU) 2016/403 for everything else.

For licensed operators, additional infringement categories are included in situations where the transport manager or the transport undertaking have in one or more Member States been convicted of a serious criminal offence or incurred a penalty for a serious infringement of EU rules relating to the following:

• The maximum weights and dimensions of commercial vehicles used in international traffic
• The initial qualification and continuous training of drivers
• The roadworthiness of commercial vehicles, including the compulsory technical inspection of motor vehicles
• Access to the market in international road haulage or, as appropriate, access to the market in road passenger transport
• Safety in the carriage of dangerous goods by road
• The installation and use of speed-limiting devices in certain categories of vehicle
• Driving licences
• Admission to the occupation
• Animal transport
• The posting of workers in road transport
• The law applicable to contractual obligations
• Cabotage

Again, the details are contained in Annex I of Commission Regulation (EU) 2016/403.

What infringements are NOT in scope of the EU Common Formula?

The following infringement types which were included in the CVORI system (and will remain as infringements which may be detected by our officers) are not included in the EU Common Formula:

• Periodic roadworthiness testing related infringements detected during tests carried out by CVRT network
• Self-Declaration related infringements
• Maintenance & Repair related infringements detected during premises inspections

From a vehicle roadworthiness point of view, instead of periodic testing (CVRT) infringements, infringements recorded during technical roadside checks on commercial vehicles are included.

Self-declaration and Vehicle Maintenance & Repair related infringements are not included as they are based on Irish national legislation only.

National law Infringements are not to be considered for calculating the risk rating because categorisation of severity of ‘national law’ infringements can vary in countries, and this can impact the comparability of risk ratings.

How can I access my risk rating?

To access your Risk Rating you must first register with us for a 'CVRT Online Account' You will then be able to view your risk rating online. Please don’t forget that you are also legally required to complete an annual online self-declaration to the RSA, and whilst it will not be necessary to do this to view your risk rating, completing it will make sure your rating is accurate based on your current fleet. If you have already registered and cannot access your risk rating online, or are having issues completing your annual self-declaration, please contact the CoVIS helpdesk on it.support@cvrt.ie or +353 91 480 981 for assistance.

Will the EU Common Formula apply to UK operators?

Yes. The EU-UK Trade and Cooperation Agreement provides that each party to the Agreement shall introduce a risking rating system for undertakings established on its territory. The infringement categories listed in Appendix 31-A-1-1 of the Trade and Cooperation Agreement (TCA) are in scope, as will any future infringement types agreed on by the EU’s Specialised Committee on Road Transport established under the TCA, that an individual undertaking has committed. Appendix 31-A-1-1 of the TCA includes the following most serious infringements:

1. Exceeding driving time limits as follows:
   • (a) exceeding the maximum 6-day or fortnightly driving time limits by margins of 25% or more;
   • (b) exceeding, during a daily working period, the maximum daily driving time limit by a margin of 50% or more.
2. Not having a tachograph and/or speed limiter, or having in the vehicle and/or using a fraudulent device able to modify the records of the recording equipment and/or the speed limiter or falsifying record sheets or data downloaded from the tachograph and/or the driver card.
3. Driving without a valid roadworthiness certificate and/or driving with a very serious deficiency of, inter alia, the braking system, the steering linkages, the wheels/tyres, the suspension or chassis that would create such an immediate risk to road safety that it leads to a decision to immobilise the vehicle.
4. Transporting dangerous goods that are prohibited for transport or transporting such goods in a prohibited or non-approved means of containment or without identifying them on the vehicle as dangerous goods, thus endangering lives or the environment to such extent that it leads to a decision to immobilise the vehicle.
5. Carrying goods without holding a valid driving licence or carrying by an undertaking not holding a valid operator's licence as referred to in Article 463 of this Agreement.
6. Driving with a driver card that has been falsified, or with a card of which the driver is not the holder, or which has been obtained based on false declarations and/or forged documents.
7. Carrying goods exceeding the maximum permissible laden mass by 20 % or more for vehicles the permissible laden weight of which exceeds 12 tonnes, and by 25 % or more for vehicles the permissible laden weight of which does not exceed 12 tonnes.

What are the main elements of the EU Common Formula?

The common formula for calculating the risk rating of a transport undertaking and the requirements for its application are laid down in the Annex to Commission Implementing Regulation (EU) 2022/695. In summary it considers the number, gravity and frequency of occurrence of all relevant infringements, the results of inspections where no infringement has been detected and whether a road transport undertaking has their full fleet equipped with smart tachographs. .

The following principles and elements apply:

• The period during which an infringement will be counted in the formula is 2 years
• Transport operators will be classified into the following risk bands based on their score:
  • operators on which no checks are performed (grey band)
  • 0-100 points: low-risk operators (green band)
  • 101-200 points: medium-risk operators (amber band)
  • 201 points or more: high risk operators (red band)
• The weighted score of an individual check will be calculated by applying the following weighting factors according to the type of infringement:
  • Minor Infringement (MI) = 1
  • Serious Infringement (SI) = 10
  • Very Serious Infringement (VSI) = 30
  • Most Serious Infringement (MSI) = 90
• An undertaking's final risk rating will take into account the total number of checks carried out both at the roadside and at its premises, including those checks where no infringements were detected.
• Checks where no infringements are detected will be recorded with zero points.
• The weighted score of an individual check will take into account all the vehicles checked during the inspection.
• The date of infringement that is taken into account in the common formula will be deemed the date on which the infringement was recorded, i.e. date of inspection.
• If a check at a transport undertaking’s premises establishes that its whole fleet is equipped with smart tachographs, its final score shall be multiplied by a factor of 0.9. This, in effect, helps to lower the risk score of the undertaking.

How do I claim the smart tachograph bonus?

Claiming the smart tachograph bonus is only possible where an operator’s whole fleet is equipped with smart tachographs. This bonus will be automatically applied to fleets comprised fully of vehicles (excluding trailers) with a date of first registration on or after 15 June 2019.

Operators who have retrofitted smart tachographs to all vehicles in their fleets can also claim this bonus by accessing their 'CVRT Online Account' and uploading supporting documentation for any vehicles registered before 15 June 2019, namely a calibration certificate from an NSAI approved tachograph workshop or a technical data printout for each vehicle proving smart installation.

Please note for operators who claim this bonus for pre-15 June 2019 registered vehicles, RSA intend checking compliance via both roadside and premises inspection activity.

What are the main differences between the CVORI and EU Common Formula risk rating systems?

The main differences versus the CVORI system are as follows:

• Ratings:
  • Under CVORI operators have two ratings, a driver's hours (DH) and a roadworthiness (RW) rating. Under the common formula, operators have one rating only which is computed based on all infringement categories in scope.
• Ranking System:
  • CVORI uses a percentile ranking system where operators are ranked relative to one another whereas the common formula is based on an absolute scoring system.
• Scope of Infringements:
  • The CVORI system incorporates infringements of EU legislation relating to vehicle roadworthiness, drivers’ hours, tachograph, working time, operator licensing and driver CPC, whereas (for licensed operators) the common formula expands this list to include infringements of legislation pertaining to vehicle weights and dimensions in international traffic, access to the market in road passenger transport, driving licences, carriage of dangerous goods by road, the installation and use of speed limitation devices, animal transport, the posting of workers in road transport, the law applicable to contractual obligations, and cabotage.
• Timing:
  • The CVORI system is based on infringements/clean inspections undertaken over a rolling three-year period with more recent encounters (year 1) being weighted more heavily than year 2 and year 3 etc., whereas the common formula will be based on infringements/clean inspections carried out over a rolling two-year period with no weighting applied for more recent (year 1) infringements.
• Smart Tacho Reward:
  • The CVORI system does not reward operators if their fleets are fully equipped with version 2 smart tachographs, whereas under the common formula their final scoring will be multiplied by a factor of 0.9 if this is the case as smart tachographs have functionality included to assist officers enforcing changes introduced by the EU's Mobility Package.

Who will have access to operator's risk ratings calculated under the EU Common Formula?

Risk ratings will be accessible to all Member State competent enforcement authorities responsible for enforcing the EU rules on driving and rest times, tachographs, working time for mobile workers performing road transport activities, and technical roadside inspections.

Does fleet size influence what an operator's risk rating will be?

No. But the number of vehicles inspected during an individual check and the number of checks carried out on an undertaking will. Further details are contained in the Annex to Commission Implementing Regulation (EU) 2022/695.

How often do the EU Common Formula risk rating calculations update?

Ratings will be updated in real time as soon as any in scope inspections are uploaded to the RSA’s enforcement database.

Do roadside checks carried out in other EU Member States feed into risk rating calculations under the EU Common Formula?

The results of roadside checks undertaken on licensed Irish operators by the competent enforcement authorities in other Member States will, once received by RSA, be factored into the risk rating calculation. Likewise, checks carried out in Ireland on licensed operators from other Member States will result in infringement data being sent to the relevant competent authority in the operator’s Member State of establishment for inclusion in the risk rating score for that operator. This is to ensure that all drivers and transport operators are treated equally as regards checks and sanctions under applicable EU rules.

Does the EU Common Formula apply to operators of light commercial vehicles (LCVs)?

Yes, where LCV operators have qualifying inspections, they will be included. For example, any inspections carried out/ infringements recorded during technical roadside checks, or when on international journeys and checked for compliance with operator (community) licensing rules, and/or tachograph and drivers’ hours rules from 1 July 2026.

As a transport undertaking how can I improve my risk rating calculation under the EU Common Formula?

The advice here is no different to that which applied in respect of the CVORI system, with the addition of ensuring vehicles are retrofitted with smart tachographs where required. From a roadworthiness perspective this includes testing vehicles on time and having a functional preventative maintenance system in place to ensure vehicles always remain roadworthy. From a drivers’ hours perspective this includes making sure your drivers comply with the driving & rest time and working time rules, checking that your tachograph equipment and driver cards work properly, and drivers can use them correctly, keeping adequate drivers’ hours records (for both analogue and digital units), and making sure all the vehicles you operate are on your transport licence (where required).

Will voluntary CVR tests improve my rating?

No. Voluntary CVR tests are not in scope of the EU Common Formula risk rating system. Notwithstanding this we are aware that many operators make use of these voluntary tests to supplement their annual test and comply with vehicle maintenance and repair requirements, and we would encourage operators to continue with this practice.

As an operator do I need to take any action to enable my current CVORI risk rating calculation to change to an EU Common Formula risk rating calculation?

If you have already registered for a CVRT Online account with access to your CVORI risk rating calculation via your operator portal, then no action is required on your part. The risk rating calculation will update automatically once the system change is implemented.

I am concerned my risk rating is incorrect. What should I do?

Feedback on any potential errors or omissions in your risk rating can be sent to us by email at riskrating@rsa.ie so that we can review and action as appropriate.

Please include the following information in any correspondence with us:

• Your CVRT account number - you will find this number at the top right-hand corner of the page when you log into your CVRT online account – it begins with "OP_"
• Specific details of what the error or omission is – including as much information as you can for example registration number, dates or times and so on.