Category Archives: Road transport

Road transport is the principal means of transport in the European Union for both passengers and goods. Today, the European Union has almost one vehicle for every two residents, and road freight traffic represents more than two thirds of the total tonnage. European Union action focuses essentially on controlling the multiple costs of road transport. Transport development must comply with safety requirements as well as environmental protection. In addition, a number of aspects of transport are the subject of European regulation, whether this is competition between transport operators, access to the profession, working conditions or the technical standards of vehicles.

Goods: statistical returns on the carriage of goods by road

Goods: statistical returns on the carriage of goods by road

Outline of the Community (European Union) legislation about Goods: statistical returns on the carriage of goods by road

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Transport > Road transport

Goods: statistical returns on the carriage of goods by road

Document or Iniciative

Council Regulation (EC) No 1172/98 of 25 May 1998 on statistical returns in respect of carriage of goods by road. [See amending acts].

Summary

The Regulation is intended to supplement the current production of statistical data on the carriage of goods by road.

The Member States are to compile Community statistics on the carriage of goods by road by means of goods road motor vehicles registered in a Member State, and on the journeys made by such vehicles.

The Regulation does not apply to carriage of goods by road by means of:

  • goods road motor vehicles whose permitted weight or dimensions exceed the normal permitted limits in the Member States concerned.
  • agricultural vehicles, military vehicles, and vehicles used by central governments and public services, with the exception of goods road motor vehicles used by the railway administration.

The Member States may exclude from the field of application of the proposal goods road motor vehicles:

  • whose load capacity is less than 3.5 tonnes;
    or
  • whose maximum permissible laden weight is less than 6 tonnes.

The Member States are to collect:

  • vehicle-related data ;
  • journey-related data ;
  • goods-related data.

The statistical variables in each domain, their definition and the levels within the classification used for their breakdown are set out in the annexes.

The methods for the collection of data are to ensure that the statistical results meet minimum standards of accuracy determined by the Commission.
Member States are to process the information collected in such a way as to obtain comparable statistics.

Member States are to transmit to Eurostat the data as well as the prepared statistical tables within five months of the end of each quarterly period of observation.

The Member States are to communicate:

  • a detailed report on the methods used in compiling data;
  • information on sample sizes, non-response rates, and the reliability of the results;

After three years, the Commission is to transmit a report to the Council and to the European Parliament.

During the first three years of implementation of the statistical returns the Member States are to receive financial assistance from the Community, subject to the availability of appropriations.

The proposal also describes the procedure for:

  • the dissemination of results ;
  • determining the arrangements for implementation.

The Statistical Programme Committee assists the Commission.

The Member States give the results for the years 1997 and 1998 to comply with Directive 78/546/EEC. This was repealed as of 1 January 1999.

Regulation 2691/1999 establishes a new consolidation procedure for international transport by Country.

References

Act Entry into force – Date of expiry Deadline for transposition in the Member States Official Journal
Regulation (EC) No 1172/98 26.6.1998 OJ L 163 of 6.6.1998
Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EC) No 2691/99 7.1.2000 OJ L 326 of 18.12.1999
Regulation (EC) No 642/2004 27.4.2004 OJ L 102 of 7.4.2004
Regulation (EC) No 1791/2006 1.1.2007 OJ L 363 of 20.12.2006
Regulation (EC) No 1893/2006 1.1.2008 OJ L 393 of 30.12.2006
Regulation (EC) 1304/2007 28.11.2007 OJ L 290 of 8.11.2007

 

Goods: distribution of permits for heavy goods vehicles travelling in Switzerland

Goods: distribution of permits for heavy goods vehicles travelling in Switzerland

Outline of the Community (European Union) legislation about Goods: distribution of permits for heavy goods vehicles travelling in Switzerland

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Transport > Road transport

Goods: distribution of permits for heavy goods vehicles travelling in Switzerland

Document or Iniciative

Council Regulation (EC) No 2888/2000 of the European Parliament of 18 December 2000 on the distribution of permits for heavy goods vehicles travelling in Switzerland.

Summary

On 20 November 2000, the Swiss Confederation decided to grant permits to heavy goods vehicles, of a maximum of 34 tonnes, to travel in Switzerland from 1 January 2001 onwards and also to increase the number of permits granted for heavy vehicles (whose total laden weight exceeds 34 tonnes but is not more than 40 tonnes) and for unladen vehicles or those laden with lightweight goods. This Decision is accompanied by the introduction of the LSVA (Capacity-linked levy on heavy goods vehicles) in Switzerland.

However, this Swiss autonomous measure cannot be considered as provisional application of the agreement between the European Community and Switzerland regarding the transport of goods and passengers by rail and road, signed on 21 June 1999, which is currently being ratified.

As a result, and pending the agreement’s final entry into force, provision has been made to apply standards along with the current regulation, standards governing the distribution and management of the permits made available to the Community by the Swiss Decision from 1 January 2001.

From this date onwards, the regulation thus establishes the following arrangements for the issue of permits to the Community by Switzerland:

  • from 2001 and in 2002, 300 000 “heavy vehicles” permits will be distributed each year between the 15 Member States, in accordance with the percentage defined in Annex I, and in 2003 and 2004, this will increase to 400 000;
  • from 2001 to 2004, 220 000 “unladen vehicle” permits will be distributed each year (Annex II).

The regulation also details the Community permit distribution method for both heavy and unladen vehicles (Annex III). This is based on the objective criteria of transport operations leaving, entering or travelling in Switzerland and to other destinations, with a minimum of 1 500 permits for each Member State.

The regulation also provides for the establishment of statistics on the flow of heavy goods vehicle traffic in the Alpine region, on the basis of which the Commission will revise the number of permits allotted if numbers differ significantly from the percentage provided for in the Annex.

It is the Member States’ responsibility to distribute the permits they have for their countries to the transport undertakings that require them in an objective and non-discriminatory manner.

In order to ensure optimum use of permits, any permits not used by 15 September each year will be returned to the Commission who will redistribute them to other Member States.

A committee composed of representatives from the Member States and headed by the Commission representative has been created in order to be able to modify the distribution of permits.

References

Act Entry into force – Date of expiry Deadline for transposition in the Member States Official Journal
Regulation (EC) No 2888/2000 30.12.2000 L 336 of 30.12.2000

 

Goods: towards a safer and more competitive high-quality road transport system

Goods: towards a safer and more competitive high-quality road transport system

Outline of the Community (European Union) legislation about Goods: towards a safer and more competitive high-quality road transport system

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Transport > Road transport

Goods: towards a safer and more competitive high-quality road transport system

Document or Iniciative

Communication from the Commission to the European Parliament and Council of 21 June 2000 – Towards a safer and more competitive high-quality road transport system in the Community [COM (2000) 364 final – Not published in the Official Journal].

Summary

Professional road transport is having to face certain challenges, as a result of which the Commission has developed a global strategy for the sector. Strengthening the conditions of fair competition should minimise the impact of increasing competition due to the advent of the internal market. Moreover, ever-increasing safety requirements mean that measures must be taken to protect the safety of workers and road users. Finally, in order to deal with the social disquiet caused by the use of illegally employed drivers, working conditions must be improved, monitoring strengthened and the image of the profession raised. The measures proposed come under four objectives: 1) preparing legislation on the organisation of working time for drivers; 2) fair conditions of employment for drivers; 3) improving road transport monitoring; 4) improving professional training for drivers.

Organisation of working time for drivers

In November 1998 the Commission presented a proposal for a Directive concerning the organisation of working time for mobile workers performing road transport activities. The proposal is currently blocked in the Council, due to differences of opinion among the Member States over whether or not to include self-employed drivers within the scope of the Directive.

Conditions for the employment of drivers

The “social disquiet” mentioned above is due to the growing number of drivers, often from third countries, being employed under “non-Community” working conditions (low wages, virtually unlimited working time, poor welfare cover, etc.). This situation is leading to the distortion of competition, and safety problems. In order to deal with the matter, the Commission proposes to introduce a “driver’s certification” as a means of controlling the regularity of conditions of drivers’ employment. The certification will be issued by the Member State authorities. The Commission will soon be presenting a proposal for a Regulation to this effect.

Monitoring of road transport

The effectiveness of the measures to increase safety, competition and ensure fair working conditions depends on the existence of monitoring in the transport sector. The Commission is planning a communication on inspections and penalties in the sector, and aims to strengthen Directive 88/599/EEC by increasing the number of working days to be monitored by Member States. Certain other measures already exist, and the electronic tachograph will be obligatory from the end of 2002 under Regulation (EC) No 2135/98.

Professional training

Driver training is currently regulated by Directive 76/914/EEC on training for some road transport drivers, and Directive 91/439/EEC on driving licences. The Commission will soon present a proposal for a Directive laying down common rules on training for all new professional drivers, taking account of the complexity of the profession.

Conclusion

The Commission will consider at a later stage whether it is necessary to amend the common rules on driving and rest times. The action being taken by the Commission in the road transport sector is currently focused on reinforcing cohesion in the industry. The Commission also proposes a global approach with a package of measures taking account of road safety, competition and the economic and social aspects of road transport.

Related Acts

Directive 2006/1/EC of the European Parliament and of the Council of 18 January 2006 on the use of vehicles hired without drivers for the carriage of goods by road (codified version) (Text with EEA relevance)

Directive 2006/94/EC of the European Parliament and of the Council of 12 December 2006 on the establishment of common rules for certain types of carriage of goods by road (codified version) (Text with EEA relevance)

 

Interbus Agreement: the international occasional carriage of passengers by coach and bus

Interbus Agreement: the international occasional carriage of passengers by coach and bus

Outline of the Community (European Union) legislation about Interbus Agreement: the international occasional carriage of passengers by coach and bus

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Transport > Road transport

Interbus Agreement: the international occasional carriage of passengers by coach and bus

Document or Iniciative

Agreement on the international occasional carriage of passengers by coach and bus (Interbus Agreement).

Summary

The Interbus Agreement on the international occasional carriage of passengers by coach and bus entered into force in the European Community on 1 January 2003.

The Agreement applies to the international carriage of passengers, of any nationality, and to unladen journeys of the buses and coaches concerned with these services on the territory of the European Union (EU), and in Bosnia and Herzegovina, Bulgaria, Croatia, Moldova, Romania and Turkey.

The Interbus Agreement will govern traffic not only between the Community and the non-EC countries concerned but also between the non-EC countries themselves, thus establishing a degree of fiscal, social and technical harmonisation in addition to market access rules. The Agreement also provides for accession, subsequent to its entry into force, by any member of the European Conference of Ministers of Transport, and by the Republic of San Marino, the Principality of Monaco and the Principality of Andorra.
The Interbus Agreement replaces the bilateral agreements concluded between the contracting parties.

The main objective is to achieve the same degree of liberalisation as that attained under the Agreement on the international carriage of passengers by road by means of occasional coach and bus services (ASOR), signed in Dublin in May 1982.

The Interbus Agreement therefore incorporates most of the liberalisation measures of the ASOR Agreement while adding social, fiscal and technical measures based on the principle of non-discrimination between the various contracting parties.

The principle of non-discrimination on grounds of nationality or the place of establishment of the transport operator, and of the origin or destination of the bus or coach should be considered to be a basic condition applying to the provision of international transport services.

The Agreement provides for uniform models for transport documents such as the control document for liberalised occasional services and also the authorisation and the application form for non-liberalised services in order to facilitate and simplify inspection procedures.

Buses and coaches are exempted from all vehicle taxes and charges levied on the circulation or possession of vehicles as well as from all special taxes or charges levied on transport operations in the territory of the other contracting parties. However, buses and coaches are not exempted from payment of taxes and charges on motor fuel, value added tax on transport services, road tolls and user charges levied on the use of infrastructure.

A Joint Committee is established, responsible for the management and proper application of the Agreement. In particular, the Committee is responsible for:

  • drawing up, on the basis of the information provided by the contracting parties, a list of the authorities responsible for certain tasks provided for under the Agreement,
  • amending or adapting the control documents and other models of documents established in the Annexes to the Agreement,
  • amending or adapting the Annexes concerning the technical standards applicable to buses and coaches,
  • drawing up a list, on the basis of information provided by the contracting parties, of all customs duties, taxes and charges,
  • amending or adapting the requirements concerning the social provisions in order to incorporate future measures taken within the European Community,
  • resolving any dispute over the implementation and interpretation of the Agreement,
  • recommending further steps towards the liberalisation of those occasional services still subject to authorisation.

The Agreement is concluded for a period of five years, dating from its entry into force. The duration is automatically extended for successive periods of five years among those contracting parties who do not express their wish not to do so.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Interbus Agreement 01.01.2003 OJ L 321 of 26.11.2002

Related Acts

Council Regulation (EEC) No 56/83 of 16 December 1982 concerning the implementation of the Agreement on the international carriage of passengers by road by means of occasional coach and bus services (ASOR) [Official Journal L 10 of 13.01.1983].

Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport [Official Journal L 370 of 31.12.1985].

Council Directive 92/6/EEC of 10 February 1992 on the installation and use of speed limitation devices for certain categories of motor vehicles in the Community [Official Journal L 57 of 02.03.1992].

Council Directive 96/26/EC of 29 April 1996 on admission to the occupation of road haulage operator and road passenger transport operator and mutual recognition of diplomas, certificates and other evidence of formal qualifications intended to facilitate for those operators the right to freedom of establishment in national and international transport operations [Official Journal L 124 of 23.05.1996].

Council Directive 96/96/EC of 20 December 1996 on the approximation of the laws of the Member States relating to roadworthiness tests for motor vehicles and their trailers [Official Journal L 46 of 17.02.1997].

Council Directive 96/53/EC of 25 July 1996 laying down for certain road vehicles circulating within the Community the maximum authorized dimensions in national and international traffic and the maximum authorized weights in international traffic [Official Journal L 235 of 17.09.1996].

2002/917/EC: Council Decision of 3 October 2002 on the conclusion of the Interbus Agreement on the international occasional carriage of passengers by coach and bus [Official Journal L 321 of 26.11.2002].

 

Hiring of vehicles for the carriage of goods

Hiring of vehicles for the carriage of goods

Outline of the Community (European Union) legislation about Hiring of vehicles for the carriage of goods

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Transport > Road transport

Hiring of vehicles for the carriage of goods

Document or Iniciative

Directive 2006/1/EC of the European Parliament and of the Council of 18 January 2006 on the use of vehicles hired without drivers for the carriage of goods by road [Official Journal L 33 of 4.2.2006].

Summary

From a macroeconomic point of view, the use of hired vehicles * permits an optimum allocation of resources by limiting the wasteful use of factors of production.

From a microeconomic point of view, this possibility brings an element of flexibility to the organisation of transport and thus increases the productivity of the undertakings concerned.

Each Member State must allow the use within its territory of vehicles * hired by undertakings established on the territory of another Member State, provided that:

  • the vehicle has been registered or put into circulation in compliance with the laws in the latter Member State;
  • the contract relates solely to the hiring of a vehicle without a driver and is not accompanied by a service contract concluded with the same undertaking covering driving or accompanying personnel;
  • the hired vehicle is at the sole disposal of the undertaking using it during the period of the hire contract;
  • the hired vehicle is driven by personnel of the undertaking using it.

The following documents providing proof of the vehicle’s compliance with the requirements must be carried on board:

  • the contract of hire, or a certified extract from that contract giving in particular the name of the lessor, the name of the lessee, the date and duration of the contract and the identification of the vehicle;
  • where the driver is not the person hiring the vehicle, the driver’s employment contract or a certified extract from that contract giving in particular the name of the employer, the name of the employee and the date and duration of the employment contract or a recent pay slip.

The Directive does not affect the application of the rules concerning:

  • the organisation of the market for the carriage of goods by road for hire or reward and own account or access to the market and to quota restrictions on road capacities;
  • prices and conditions for the carriage of goods by road;
  • the formation of hire prices;
  • the import of vehicles;
  • the conditions governing access to the activity or occupation of road-vehicle lessor.
Key terms used in the act
  • vehicle: a motor vehicle, a trailer, a semi-trailer, or a combination of vehicles intended exclusively for the carriage of goods;
  • hired vehicle: any vehicle which, for remuneration and for a determined period, is put at the disposal of an undertaking which engages in the carriage of goods by road for hire or reward or for its own account on the basis of a contract with the undertaking which makes the vehicles available.

References

Act Entry into force – Date of expiry Deadline for transposition in the Member States Official Journal
Directive 2006/1/EC 18.1.2006 OJ L 33 of 4.2.2006

 

Road safety: transportable pressure equipment

Road safety: transportable pressure equipment

Outline of the Community (European Union) legislation about Road safety: transportable pressure equipment

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Transport > Road transport

Road safety: transportable pressure equipment

Document or Iniciative

Directive 2010/35/EU of the European Parliament and of the Council of 16 June 2010 on transportable pressure equipment and repealing Council Directives 76/767/EEC, 84/525/EEC, 84/526/EEC, 84/527/EEC and 1999/36/EC.

Summary

This directive updates certain technical provisions of Directive 1999/36/EC to avoid conflicting rules. It sets out detailed rules on transportable pressure equipment *to improve safety and to ensure free movement of such equipment within the European Union (EU).

This directive applies to:

  • new transportable pressure equipment which does not bear the conformity markings provided for in Directives 84/525/EEC, 84/526/EEC, 84/527/EEC or 1999/36/EC, for the purpose of making it available on the market;
  • transportable pressure equipment bearing the conformity markings provided for in the above directives, for the purposes of its periodic inspections, intermediate inspections, exceptional checks and use;
  • transportable pressure equipment which does not bear the conformity markings provided for in Directive 1999/36/EC, for the purposes of reassessment of conformity.

This directive does not apply to:

  • transportable pressure equipment placed on the market before the implementation date of Directive 1999/36/EC and which has not been subject to a reassessment of conformity;
  • transportable pressure equipment exclusively used for the transport of dangerous goods between EU and non-EU countries, undertaken in accordance with Directive 2008/68/EC.

Obligations of economic operators *

Manufacturers must ensure that when placing their transportable pressure equipment on the market, the equipment has been designed, manufactured and documented in compliance with the requirements in both this directive and in Directive 2008/68/EC. When this compliance is demonstrated through the conformity assessment process, manufacturers must affix the Pi marking * to the equipment. This Pi marking must only be affixed by the manufacturer or, in cases of reassessment of conformity, by or under the surveillance of the notified body.

If manufacturers believe that they have placed on the market transportable pressure equipment that does not conform to the requirements, they must immediately take the necessary corrective measures to fulfil the requirements and, where appropriate, withdraw or recall the equipment from the market. If requested by the competent national authority, manufacturers must provide all documents to prove the conformity of their equipment, in a language easily understood by the authority.

Manufacturers may, by a written mandate, appoint an authorised representative. The mandate will specify tasks for the authorised representative to undertake, but will include:

  • keep the technical documentation at the disposal of national surveillance authorities;
  • provide the competent national authority, on request, with all necessary information and documentation to prove the conformity of the transportable pressure equipment;
  • cooperate with the competent national authorities on action taken to eliminate any risks posed by the equipment covered by the mandate.

Importers and distributors may only place on the EU market transportable pressure equipment that complies with Directive 2008/68/EC and this directive. They must ensure that the equipment bears the Pi marking and has the necessary certificate of conformity. Where importers or distributors do not believe the equipment to be in conformity, they must not place it on the market.

Importers, distributors and owners must:

  • inform the manufacturer and competent authority of any risk presented by the equipment. Alternatively, where relevant, the distributor can inform the importer and the owner can inform either the distributor or the importer of such a risk;
  • document all instances of non-compliance and corrective measures;
  • ensure that when transportable pressure equipment is under their responsibility, storage or transport conditions do not jeopardise its conformity.

The above does not apply to private individuals intending to use the equipment for their personal use, leisure or sporting activities.

Conformity of transportable pressure equipment

The transportable pressure equipment must meet the relevant conformity assessment, periodic inspection, intermediate inspection and exceptional checks requirements, as well as the specifications of the documentation according to which the equipment was manufactured;

Free movement of transportable pressure equipment

No EU country may prohibit, restrict or impede the free movement, the placing on the market and the use of transportable pressure equipment on their territory, when the above complies with this directive.

Key terms used in the act
  • Transportable pressure equipment:
    • all pressure receptacles, their valves and other accessories when appropriate;
    • tanks, battery vehicles / wagons, multiple-element gas containers (MEGCs), their valves and other accessories when appropriate;
    • includes gas cartridges but excludes aerosols, open cryogenic receptacles, gas cylinders for breathing apparatus and fire extinguishers;
  • economic operator: the manufacturer, the authorised representative, the importer, the distributor, the owner or the operator acting in the course of a commercial or public service activity, whether in return for payment or free of charge;
  • Pi marking: marking which indicates that the transportable pressure equipment is in conformity with the applicable conformity assessment requirements set out in Directive 2008/68/EC and in this directive.

References

Act Entry into force Deadline for transposition in the Member States Official Journal

Directive 2010/35/EU

20.7.2010

30.6.2011

OJ L 165 of 30.6.2010

Motor vehicles and their trailers: roadworthiness test

Motor vehicles and their trailers: roadworthiness test

Outline of the Community (European Union) legislation about Motor vehicles and their trailers: roadworthiness test

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Transport > Road transport

Motor vehicles and their trailers: roadworthiness test

Document or Iniciative

Directive 2009/40/EC of the European Parliament and of the Council of 6 May 2009 on roadworthiness tests for motor vehicles and their trailers (Recast).

Summary

Motor vehicles registered in a European Union (EU) country and their trailers must undergo periodic roadworthiness tests. Annexes I and II to this directive detail the categories of vehicles to be tested, the frequency of the roadworthiness tests and the items which must be tested. The roadworthiness tests must be undertaken by the EU countries, or by a public body that has been entrusted with the task, or by bodies or establishments designated and directly supervised.

Annex I details the categories of motor vehicles that will be subject to roadworthiness tests and the required frequency of the tests for each category. The minimum testing frequency for the different categories of motor vehicles and their trailers is:

  • One year after the date on which the vehicle was first used, and thereafter annually for:
    • motor vehicles used for the carriage of passengers and with more than eight seats, excluding the driver’s seat;
    • motor vehicles used for the carriage of goods and having a maximum permissible mass exceeding 3 500 kg;
    • trailers and semi-trailers with a maximum permissible mass exceeding 3 500 kg;
    • taxis, ambulances;
  • Four years after the date on which the vehicle was first used, and thereafter every two years for:
    • motor vehicles having at least four wheels, normally used for the road carriage of goods and with a maximum permissible mass not exceeding 3 500 kg, excluding agricultural tractors and machinery;
    • motor vehicles having at least four wheels, used for the carriage of passengers and with not more than eight seats excluding the driver’s seat.

Annex II sets out which items must be compulsorily tested. The tests covered by Annex II should be undertaken using techniques and equipment available without the use of tools to disassemble or remove any part of the vehicle. Where the motor vehicle is found to be defective with regard to the test items below, the competent authority in the EU country concerned must set specific conditions under which the particular vehicle may be used before passing another roadworthiness test. The test must cover the items listed in the annex, provided that these are related to the equipment of the vehicle being tested in the EU country concerned. The compulsory test items include:

  • vehicle identification;
  • braking equipment;
  • steering;
  • visibility;
  • lighting equipment and parts of electric system;
  • axles, wheels, tyres and suspension;
  • chassis and chassis attachments;
  • other equipment – safety belts, fire extinguisher, locks and anti-theft device, warning triangle, first-aid kit, speedometer, etc;
  • nuisance – noise, exhaust emissions, etc;
  • supplementary tests for public transport vehicles – emergency exit(s), heating and ventilation systems, seat layout, interior lighting;

The vehicle operator or driver must be informed in writing of any defects, the result of the test and the legal consequences. EU countries will take the necessary measures to make it possible to prove that a vehicle has passed a roadworthiness test. Other EU countries and the Commission will be informed of these measures. All EU countries will mutually recognise the proof issued in another EU country showing that a vehicle registered in that other EU country, together with its trailer or semi-trailer, has passed a roadworthiness test in compliance with the provisions of this directive. EU countries will also implement all appropriate measures to establish that the brake performance of motor vehicles registered in their country complies with the requirements of this directive.

Exceptions

Notwithstanding the provisions of Annexes I and II, EU countries have the right to:

  • bring forward the date for the first compulsory roadworthiness test and, where appropriate, require the vehicle to be submitted for test prior to registration;
  • shorten the interval between two successive compulsory tests;
  • make the testing of optional equipment compulsory;
  • increase the number of items to be tested;
  • extend the periodic test requirement to other categories of vehicles;
  • prescribe special additional tests;
  • require vehicles registered on their territory to have higher minimum standards for braking efficiency than those specified in Annex II and include a test on vehicles with heavier loads, provided such requirements do not exceed those of the vehicle’s original type-approval.

EU countries also have the right to exclude vehicles belonging to the armed forces, the forces of law and order and the fire service from the scope of this directive. After consultation with the Commission, EU countries may exclude from the requirements of this directive certain motor vehicles operated or used in exceptional conditions, and motor vehicles which are never, or hardly ever, used on public highways. Following consultation with the Commission, EU countries also have the right to set their own testing standards for vehicles considered to be of historic interest.

The Commission will adopt all necessary directives to define the minimum standards and methods for testing the items listed in Annex II of this directive, as well as any amendments necessary to adapt to technical progress in these areas.

Within three years from the introduction of regular testing of speed limitation devices, the Commission will re-examine whether the tests laid down are sufficient to detect defective or manipulated speed limitation devices or whether the rules need to be modified.

This directive repeals Directive 96/96/EC.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Directive 2009/40/EC

26.6.2009

OJ L 141 of 6.6.2009

Successive amendments and corrections to Directive 2009/40/EC have been incorporated in the basic text. This consolidated versionis for reference purposes only.

Related Acts

Commission Recommendation 2010/378/EU of 5 July 2010 on the assessment of defects during roadworthiness testing in accordance with Directive 2009/40/EC of the European Parliament and of the Council on roadworthiness tests for motor vehicles and their trailers [Official Journal L 173 of 8.7.2010].

Road safety: Policy orientations on road safety 2011-20

Road safety: Policy orientations on road safety 2011-20

Outline of the Community (European Union) legislation about Road safety: Policy orientations on road safety 2011-20

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Transport > Road transport

Road safety: Policy orientations on road safety 2011-20

rd road safety action programme, the Commission has published policy orientations on road safety to provide a general framework, under which concrete action can be taken at European, national, regional or local levels from 2011 until 2020.

Document or Iniciative

Commission Communication of 20 July 2010 to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions – “Towards a European road safety area: policy orientations on road safety 2011-2020” [COM(2010) 389 final – Not published in the Official Journal].

Summary

Although progress was made on road safety in the European Union (EU) during the 3rd European road safety action programme (2003-10), the Commission highlights that efforts to improve road safety need to be further strengthened. This 3rd road safety action programme (RSAP) included an ambitious target to halve the number of road deaths by 2010 as well as numerous proposals for concrete actions in vehicle safety, safety of infrastructure and users’ safety. Although the Commission accepts that the initial target was not likely to be met by the end of 2010, the RSAP has encouraged EU countries to be more proactive in improving road safety and has gone a long way to dramatically reduce the number of fatalities on EU roads.

The European road safety policy orientations 2011-20 aims to provide a general framework and challenging objectives to guide national and local strategies, in accordance with the principle of subsidiarity. Within the general framework, the Commission highlights the need to:

  • create a cooperation framework based on the exchange of best practices across the EU;
  • adopt a strategy for injuries and first aid to address the need to reduce the number of road injuries;
  • improve the safety of vulnerable road users.

Principles and target

The Commission sets out three main principles:

  • striving for the highest road safety standards throughout Europe – by encouraging EU citizens to take primary responsibility for their own safety and the safety of others on EU roads, and by focusing on improving the safety of more vulnerable road users;
  • an integrated approach to road safety – through cooperation with other EU policy areas, such as energy, environment, education, innovation and technology, and justice.
  • subsidiarity, proportionality and shared responsibility – through the concept of shared responsibility, commitment and concrete actions at all levels from EU countries and their authorities to regional and local bodies.

Following the RSAP 2003-10, the Commission proposes to maintain the target of halving the overall number of road deaths in the EU between 2010 and 2020. This ambitious target demonstrates the EU’s clear commitment towards road safety and having a common objective is intended to provide EU citizens with a more uniform level of road safety within the EU. The Commission encourages individual EU countries to contribute to the achievement of this common target through their own national road safety strategies.

During the public consultation for these policy orientations, which took place between July and December 2009, a target for reducing road traffic severe injuries was proposed. Once a common definition exists for ‘severe injuries’, the Commission will propose to add a common “injuries reduction target” to these European road safety policy orientations up to 2020.

Strategic objectives

The Commission has identified seven objectives, for which actions will be proposed at both EU and national level:

  • improve education and training of road users – the quality of the licensing and training system needs to be improved, with emphasis on young drivers. The Commission will work with EU countries to develop a common educational and training road safety strategy including pre-test learning, the driving licence test, and post-licence training;
  • increase enforcement of road rules – the Commission, the European Parliament and the Council will work together to establish a cross-border exchange of information in the area of road safety. The Commission will also work towards a common road safety enforcement strategy which will involve enforcement campaigns, national enforcement objectives, and vehicle technology to assist enforcement, including the possibility of speed limiters in light commercial vehicles and alcohol interlock devices;
  • safer road infrastructure – the Commission will ensure that European funds will only be granted to infrastructure that complies with the EU safety requirements. The Commission will also promote the application of the relevant principles of safe management to the secondary road network of EU countries, in particular through the exchange of best practices.
  • safer vehicles – as well as continue to encourage the progress of vehicle safety, the Commission will also evaluate and propose actions in the area of harmonisation and progressive strengthening of EU legislation on roadworthiness tests and on technical roadside inspections;
  • promote the use of modern technology to increase road safety – the Commission will continue to promote the use of Intelligent Transport Systems to improve road traffic safety. The effectiveness and speed of rescue will be enhanced by the adoption of the European emergency call service fitted to vehicles, ‘eCall’;
  • improve emergency and post-injuries services – the Commission will propose the establishment of a global strategy of action on road injuries and first aid. The Commission will in particular examine the means to improve the efficiency of first aid intervention and post-care handling in order to reduce the impact of road accidents.
  • protect vulnerable road users – the Commission will work to improve the safety of motorcyclists, addressing behaviour, as well as vehicle and infrastructure safety. It will also encourage the establishment of adequate infrastructures to increase the safety of cycling and other vulnerable road users.

Implementation of the European road safety policy orientations 2011-20

A framework for open cooperation between EU countries and the Commission will be established to facilitate the implementation of the EU road safety policy. Parallel to this, EU countries should also develop national road safety plans including specific national objectives which are individual to their particular situation.

The Commission will pursue the improvement of the existing tools for data collection and analysis, such as CARE, the EU database on road accidents established in accordance with Council Decision 93/704/EC, as well as the European Road Safety Observatory (ERSO), which makes publicly available through the Internet road safety data and knowledge at European level.

Checks on the transport of dangerous goods by road

Checks on the transport of dangerous goods by road

Outline of the Community (European Union) legislation about Checks on the transport of dangerous goods by road

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Transport > Road transport

Checks on the transport of dangerous goods by road

Document or Iniciative

Council Directive 95/50/EC of 6 October 1995 on uniform procedures for checks on the transport of dangerous goods by road [See amending acts].

Summary

This directive applies to checks carried out by European Union (EU) countries on the transport of dangerous goods by road in vehicles travelling in their territory or entering it from a third country. It does not apply to the transport of dangerous goods under the responsibility of the armed forces.

These checks are carried out in the territory of an EU country, provided that they are not carried out as frontier checks at the internal frontiers of the EU, but as part of normal checks without discrimination.

These checks must cover at least the items included in the checklist in Annex I to the directive, be carried out at different places, at any time of the day, and cover a sufficiently extensive portion of the road network to make checkpoints difficult to avoid.

Consignments found to be in infringement may be immobilised, and obliged to be brought into conformity before continuing their journey, or be subject to other appropriate measures, depending on the circumstances or the requirements of safety including, where appropriate, refusal to allow such vehicles to enter the EU.

Checks may also be carried out at the premises of undertakings.

EU countries must work together to effectively implement this directive (report of the infringement to the country in which the carrier is registered, cooperation between EU countries to exchange information, etc.).

Each EU country must send the Commission a report for each calendar year on the application of the directive, including the particulars listed in the directive, such as the number of checks carried out, the number of vehicles checked by place of registration, and the number and type of infringements recorded.

Starting in 1999 and subsequently at least every three years, the Commission will send the European Parliament and the Council a report on the application of the directive by the EU countries.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Directive 95/50/EC

17.10.1995

31.12.1996

OJ L 249 of 17.10.1995

Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal
Directive 2001/26/EC

23.6.2001

23.12.2001

OJ L 168 of 23.6.2001

Directive 2004/112/EC

3.1.2005

14.12.2005

OJ L 367 of 14.12.2004

Directive 2008/54/EC

11.7.2008

OJ L 162 of 21.6.2008

Successive amendments and corrections to Directive 95/50/EC have been incorporated in the basic text. This consolidated versionis for reference purposes only.

Related Acts

Report from the Commission to the European Parliament and the Council of 7 July 2010 on the application by the member states of Council Directive 95/50/EC on uniform procedures for checks on the transport of dangerous goods by road [COM (2010) 364 – Not published in the Official Journal].
This report covers the period from 2006 to 2007. It concludes that all EU countries have carried out road checks in accordance with Directive 95/50/EC. The Commission found a significant improvement in the volume and quality of the data submitted. Within the checks reported, there continues to be a proportion of vehicles found to infringe the EU legislation. The number of checks in the EU has increased, reaching about 285 000 annual checks in 2007. The number of infringements per check appears to be stable with an infringement detected in approximately one out of eight checks. The fact that almost 10,000 vehicles were immobilised following their check due to a serious infringement demonstrates that practical enforcement of rules on the transport of dangerous goods at the roadside is useful and helps to improve safety.

Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008 on the inland transport of dangerous goods [Official Journal L 260 of 30.9.2008].

Report from the Commission to the European Parliament and the Council of 13 December 2007 on the application by the Member States of Council Directive 95/50/EC on uniform procedures for checks on the transport of dangerous goods by road [COM (2007) 795 final – Not published in the Official Journal].

Report from the Commission to the European Parliament and the Council on the application by the member states of Council Directive 95/50/EC on uniform procedures for checks on the transport of dangerous goods by road [COM (2005) 430 – Not published in the Official Journal].

Commission Directive 2004/112/EC of 13 December 2004 adapting to technical progress Council Directive 95/50/EC on uniform procedures for checks on the transport of dangerous goods by road [Official Journal L 367 of 14.12.2004].

Report from the Commission to the European Parliament and the Council of 6 September 2000 on the application by the Member States of Council Directive 95/50/EC on uniform procedures for checks on the transport of dangerous goods by road [COM (2000) 517 final – Not published in the Official Journal].

Road safety: appointment and vocational qualification of safety advisers

Road safety: appointment and vocational qualification of safety advisers

Outline of the Community (European Union) legislation about Road safety: appointment and vocational qualification of safety advisers

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Transport > Road transport

Road safety: appointment and vocational qualification of safety advisers

The purpose of this directive is to require undertakings involved in the carriage of dangerous goods to designate one or more safety advisers to be responsible for helping to prevent the type of risk inherent in this kind of transport operation.

Document or Iniciative

Council Directive 96/35/EC of 3 June 1996 on the appointment and vocational qualification of safety advisers for the transport of dangerous goods by road, rail and inland waterway [Official Journal L 145 of 19.06.1996].

Summary

Aim: To require Member States to ensure that undertakings the activities of which include the transport, or the related loading or unloading, of dangerous goods by road, rail or inland waterway each appoint one or more safety advisers for the transport of dangerous goods, responsible for helping to prevent the risks inherent in such activities with regard to persons, property and the environment.

Definition of terms: (undertakings, safety advisers for the transport of dangerous goods, etc.).

Exemptions: The Directive does not apply to:

  • the carriage of goods under the authority of the armed forces;
  • activities concerning quantities within the limits defined in the Directive;
  • undertakings which only occasionally engage in the national transport of dangerous goods posing little danger or risk of pollution.

Role and appointment of adviser: The adviser has to seek all appropriate means and promote all appropriate action to ensure that dangerous goods are transported in the safest possible way.

Training certificate: the adviser must hold a vocational training certificate covering at least the subjects listed in Annex II to the Directive, the aim being to ensure that the candidate is sufficiently aware of the risks inherent in the transport of dangerous goods, knows the laws in question and has sufficient knowledge of the duties of the adviser defined in Annex I.

Validity of the certificate: five years, may be extended where, during the final year before its expiry, its holder has followed refresher courses or passed an examination both of which must be approved by the competent authority.

Accident report: In the event of an accident affecting persons, property or the environment, the adviser is required to draw up a report.

Adaptation of the Directive: The Directive sets up an advisory committee to assist the Commission by giving its opinion on the legislation in question.

Directive 96/35/EC will be repealed by Directive 2008/68/EC tr0006 as from 30 June 2009.

References

Act Date
of entry into force
Final date for implementation in the Member States
Directive 96/35/EC 09.07.1996 31.12.1999

Related Acts

Directive2000/18/EC of the European Parliament and of the Council of 17 April 2000 on minimum examination requirements for safety advisers for the transport of dangerous goods by road, rail or inland waterway [Official Journal L 118 of 19.5.2000]

Directive 96/35/EC lays down that undertakings whose activities include the transport of dangerous goods must appoint one or more safety advisers. However, that directive does not contain any detailed provisions aimed at the harmonisation of examination requirements for safety advisers or any provisions applicable to examination bodies. For this reason, Directive 2000/18/EC establishes a common minimum framework for the examination of safety advisers and the conditions for the examination bodies in order to guarantee a certain level of quality and to facilitate the mutual recognition of EC certificates of training for safety advisers.
The national authorities organise a compulsory written examination which may be supplemented by an oral examination to check whether candidates possess the necessary level of knowledge required to carry out the tasks of adviser in order to obtain the EC certificate. This examination covers general prevention and safety measures, the classification of dangerous goods, general packaging requirements, danger markings and labels etc.
If Member States do not take direct charge of the organisation of the examination, they must appoint the examination bodies on the basis of various criteria such as: competence of the examination body, independence of the body etc.
Directive 2000/18/EC entered into force on 19.5.2000. It will be repealed by Directive 2008/68/EC as from 30 June 2008.