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.

Passengers and goods: Driver attestation

Leave a reply

Passengers and goods: Driver attestation

Outline of the Community (European Union) legislation about Passengers and goods: Driver attestation

Topics

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

Transport > Road transport

Passengers and goods: Driver attestation

Document or Iniciative

Regulation (EC) No 484/2002 of the European Parliament and of the Council of 1 March 2002 amending Council Regulations (EEC) No 881/92 and (EEC) No 3118/93 for the purposes of establishing a driver attestation [Official Journal L 76, 19.03.2002].

Summary

Background

The impossibility of checking whether drivers are legally employed or used outside the territory of the Member State where a haulier is established has given rise to a market in which drivers from third countries are sometimes irregularly used only to carry out the international carriage of goods outside the Member State in which the haulier employing them is established. This Regulation has been designed to combat such practices.

These irregularly employed drivers often work in precarious conditions and are poorly paid, which is a threat to road safety. This situation seriously distorts competition between hauliers engaged in such practices and those that use only legally employed drivers.

New rules

International carriage by road was already subject to a Community authorisation under Regulation (EEC) No 881/92. Under Regulation (EC) No 484/2002, drivers who are nationals of third countries must from now on be in possession of a driver attestation.

The attestation must certify that a driver is employed in the haulier’s Member State of establishment in accordance with the laws and regulations applicable in that Member State.

The scope of the Regulation is restricted to drivers from non-member countries. The scope may be extended to drivers who are nationals of Member States, after evaluation by the Commission.

Driver attestations will be issued by a Member State to the haulier requesting them for each driver who is the national of a third country and whom he legally employs.

The attestation must comply with the model in the Annex to the Regulation. Driver attestations are issued for a period to be determined by the issuing Member State, subject however to a maximum validity of five years. The attestation must be produced whenever required by authorised inspecting officers.

The competent authorities of a Member State may withdraw a driver attestation where the holder:

  • has failed to observe the conditions in accordance with which the attestation was issued;
  • has supplied incorrect information in relation to the data required for the issue or renewal of a driver attestation.

A certified true copy of the driver attestation must be kept at the haulier’s premises.

The original driver attestation must be kept on board the vehicle and presented for inspection whenever required by authorised inspecting officers.

Act

Date of entry into force

Deadline for implementation by the Member States

Regulation (EC) N°484/2002

19.03.2002

19.03.2003

Minimum levels of safety in European road tunnels

Leave a reply

Minimum levels of safety in European road tunnels

Outline of the Community (European Union) legislation about Minimum levels of safety in European road tunnels

Topics

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

Transport > Road transport

Minimum levels of safety in European road tunnels

Document or Iniciative

Directive 2004/54/EC of the European Parliament and of the Council of 29 April 2004 on minimum safety requirements for tunnels in the trans-European road network [See amending act].

Summary

Background

Tunnels are important infrastructures which facilitate communication between extensive areas of the European Union (EU) and are therefore essential for long-distance transport and the development of regional economies.

However, accidents in tunnels, and particularly fires, can have dramatic consequences and can prove extremely costly in terms of human life, increased congestion, pollution and repair costs.

The fires in the Mont Blanc (France/Italy) and Tauern (Austria) tunnels in 1999 and in the Gotthard (Switzerland) tunnel in 2001 have highlighted the potential consequences, in human and economic terms, of such accidents in tunnels: dozens of dead and injured, and major European trunk roads blocked for months, if not years.

The Commission’s concern at this increase in the accident rate led to its White Paper entitled “European transport policy for 2010: time to decide” announcing minimum safety requirements for road tunnels in the trans-European road network.

This directive lays down a set of harmonised minimum safety standards dealing with the various organisational, structural, technical and operational aspects.

The aim of this directive is to ensure that all tunnels longer than 500 metres, whether in operation, under construction or at the design stage, and forming part of the trans-European road network, comply with the new harmonised safety requirements. Tunnels shorter than 500 metres do not generally need to be equipped with mechanical ventilation systems, as the hot smoke emitted by the fire is naturally stratified.

Administrative authority

Each EU country must designate one or more administrative authorities, responsible for all aspects of safety, which take the necessary measures to ensure that the directive is complied with.

The administrative authority may be set up at national, regional or local level. In the case of transfrontier tunnels, either each EU country appoints an administrative authority or the two EU countries appoint a joint administrative authority.

The prior authorisation of the administrative authority is required in the event of the commissioning of a new tunnel or rebuilding of an existing one. The administrative authority has power to suspend or restrict the operation of a tunnel if the safety conditions are not met.

The administrative authority ensures that the following tasks are performed:

  • testing and inspecting tunnels on a regular basis and drawing up the related safety requirements;
  • putting in place organisational and operational schemes (including emergency response plans) for the training and equipping of emergency services;
  • establishing the procedure for immediate closure of a tunnel in case of an emergency;
  • implementing the necessary risk reduction measures.

Tunnel manager

For each tunnel located on the territory of an EU country, whether it is in the design, construction or operating stage, the administrative authority identifies as Tunnel Manager the public or private body responsible for the management of the tunnel at the stage in question. Any significant incident or accident occurring in a tunnel must be the subject of an incident report prepared by the Tunnel Manager.

Safety officer

For each tunnel, the Tunnel Manager, with the prior approval of the administrative authority, nominates a Safety Officer who coordinates all preventive and safeguarding measures to ensure the safety of users and operations staff. The Safety Officer performs the following tasks:

  • ensures coordination with the emergency services and takes part in the preparation of operational schemes;
  • takes part in the planning, implementation and evaluation of emergency operations;
  • takes part in the definition of safety plans and the specification of infrastructure installations;
  • verifies that operational staff and emergency services are trained, and takes part in the organisation of exercises held at regular intervals;
  • gives advice on the commissioning of the structure, equipment and operation of tunnels;
  • verifies that the tunnel structure and equipment are maintained and repaired;
  • takes part in the evaluation of any significant incident or accident.

In the case of tunnels that have been approved at the design stage but which have not been opened to the public by 30 April 2005, the administrative authority assesses their compliance with this directive.

With regard to tunnels that have been opened to the public by that date, the administrative authority has until 30 October 2005 to assess their compliance with this directive.

By 30 April 2005, EU countries must submit a report to the Commission on how they intend to meet the requirements of the directive, on planned measures, and, where appropriate, on the consequences of opening or closing the main access roads to the tunnels.

Periodic inspections

EU countries ensure that inspections, evaluations and tests are carried out by inspection entities.

The administrative authority verifies that regular inspections are carried out by the inspection entity to ensure that all tunnels falling within the scope of this directive comply with its provisions. The period between two consecutive inspections of any given tunnel should not exceed six years.

Risk analysis

A risk analysis, based on a single methodology defined at national level, is, at the request of the administrative authority, carried out by an independent body for a given tunnel, taking into account all design factors and traffic conditions that affect safety, notably traffic characteristics and type, length and geometry of the tunnel, as well as the projected number of heavy goods vehicles per day.

Reports

By 30 April 2009 the Commission must publish a report on the practice followed in EU countries.

Every two years, EU countries compile reports on fires in tunnels and on accidents which clearly affect the safety of road users in tunnels, and on the frequency and causes of such incidents, and evaluate them and provide information on the actual role and effectiveness of safety facilities and measures.

The Commission shall adapt the annexes to this directive according to technical progress.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Directive 2004/54/EC

30.4.2004

30.4.2006

OJ L 167, 30.04.2004
Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EC) No 596/2009

7.8.2009

–

OJ L 188, 18.7.2009

Successive amendments and corrections to Directive 2004/54/EC have been incorporated in the basic text. This consolidated versionis for reference purposes only.

Road safety: dimensions and maximum weights authorised for both national and international journeys

Leave a reply

Road safety: dimensions and maximum weights authorised for both national and international journeys

Outline of the Community (European Union) legislation about Road safety: dimensions and maximum weights authorised for both national and international journeys

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: dimensions and maximum weights authorised for both national and international journeys

Last updated: 04.09.2007

Goods: statistical returns on the carriage of goods by road

Leave a reply

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

Leave a reply

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

Leave a reply

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

Leave a reply

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

Leave a reply

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

Leave a reply

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

Leave a reply

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].