Précis - The eCall system is one element of the European Union ("EU") framework for the deployment of Intelligent Transport Systems ("ITS") to improve road transportation safety. The EU issued delegated regulation under Directive 2010/40/EU on 26 November 2012 (the "Regulations") with the aim of ensuring that by 2015, all new vehicles sold in the EU have an eCall system fitted and that Member states have the relevant communications infrastructure in place for the eCall system to be operative by the 2015 deadline.
What?
The EU has a number of programs aimed at promoting safety within the community. One of these programs was set out in Council Communication "Information and Communication Technologies for Safe and Intelligent Vehicles" (COM(2003)0524) which described how communication technologies could be employed to make road transport safer. In August 2010 the European Parliament brought into effect Directive 2010/40/EU which set out a framework for the deployment of ITS in the field of road transport and for interfacing with other modes of transport. Since then there have been a number of studies and programmes which resulted in the EU Commission recommending that all Member states have electronic communication networks able to support transmission of in-vehicle emergency calls on the EU wide 112 systems (the "eCall" system).
The eCall system allows a road vehicle, such as a car, to automatically (or manually) contact the emergency services in the event of an accident. This call will be independent of any actions by the vehicle occupants and as such will operate even where the occupants are incapacitated or unconscious. The call will be established using the 112 call number (or in the case of the UK, 999) and routed to the nearest Public Safety Answering Point ("PSAP"). At the same time as the call is initiated, an emergency message is sent to the PSAP containing the time, location and driving direction (referred to as the "Minimum Set of Data" or "MSD"). The aim is to ensure that emergency services can respond more quickly.
eCall was originally planned for introduction 2009, but has been delayed. That does not mean to say the system has not been implemented (for example, there are a number of manufacturers who offer such systems primarily as means of support following accidents and breakdowns) just that it is not universally operative across the EU. Note that manufacturers with operation systems have their own response centres, which forward the details on to the relevant emergency service(s) as well as ensuring attendance by the manufacturers' own support services where required.
The eCall systems comprise of a mobile voice and data (SMS) link facilitated by a telematics system that interfaces to the vehicle's systems and a machine to machine ("M2M") SIM that is permanently incorporated in the telematic system. The systems are designed to permit a vehicle to contact a service centre or the manufacture in the event of breakdown or the emergency services in the event of an accident. The eCall can be triggered automatically or manually.
So what?
The current Commission expectations are for eCall systems to be available on all new passenger cars and light vehicles by 2015. One element that does not seem to have been fully addressed by Member States is that of the PSAPs. The Commission requirements will mean that Member States will now have two years in which to ensure that their PSAPs are upgraded so as to comply with the eCall requirements. This is especially important because up to now the eCall services have been provided by some manufacturers as a paid for service and the PSAP function has been largely performed by private response centres. The Regulations set out various minimum requirements with which eCall systems must comply.
What next?
Mobile network operators and the emergency service operators should ensure that their networks have the relevant capability for handling the eCall and for integrating the information (i.e. the call and the MSD information) that is given to the emergency operators. They should ensure that the relevant contractual provision are in place to ensure that call handing is in line with the requirements of the Regulations and to ensure that any potential data protection risk is mitigated. In addition, all service providers involved in the provision of eCall solutions should ensure that they comply with applicable electronic communications regulations as they implement and roll out eCall solutions.
The Regulations were published on 26 November 2012 and state that they will come into effect on the twentieth day following publication in the Official Journal of the European Union. At the time of this briefing note the Regulations have not been published in the Official Journal the effective date remains unknown.
