EN    EN  
 EUROPEAN  
COMMISSION 
Brussels, 15.4.2013  
COM(2013) 195 final 
2013/0105 (COD) 
  
Proposal for a 
DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 
amending Directive 96/53/EC of 25 July 1996 laying down for certain road vehicles 
circulating within the Community the maximu m authorised dimensions in national and 
international traffic and the maximum auth orised weights in in ternational traffic 
(Text with EEA relevance) 
{SWD(2013) 108 final} 
{SWD(2013) 109 final}  EN 2   EN EXPLANATORY MEMORANDUM  
1. CONTEXT  OF THE  PROPOSAL 
For many years Council Directive 96/53/EC of  25 July 1996 laying down for certain road 
vehicles circulating within the Community th e maximum authorized dimensions in national 
and international traffic and the maximum au thorized weights in international traffic1 has 
satisfactorily contributed to th e smooth operation of the internal market in road transport by 
setting the maximum dimensions and weight fo r vehicles for the national and international 
transport of goods and passengers. It also indi cates the conditions under which derogations 
may be granted for the traffic of vehicles  that exceeds these maximum dimensions. 
In the light of the evolving market and the available technologies, the question today is 
whether the choices made when the Directive was adopted in 1996 ar e still relevant. In 
particular, it has become cruc ial to reduce greenhouse gas emi ssions and the consumption of 
petroleum products in the field of transport, an d even more crucial for road transport, which 
accounts for 82% of the energy consumption of th e transport sector. The steady rise in the 
price of fuel is continuously increasing Euro pe's energy bill and prompt us to identify 
solutions to reduce vehicle fuel consump tion. The White Paper on Transport Policy2 
published in 2011 set a goal of reducing gr eenhouse gas emissions by 60% by 2050 in 
comparison with 1990 levels.  
In this context, the White Paper announced the revision of the Directive on the maximum 
dimensions and weight for road transport vehi cles, with the aim of allowing more energy-
efficient, aerodynamic vehicles to be put on th e market. Indeed, the improvement of vehicles’ 
aerodynamic performances and the installation of alte rnative propulsion systems, hybrid or 
electric, is only possible, within the limits  of the maximum dimensions and weights 
authorized by the current Direc tive, to the detriment of the vehicle’s commercial load. The 
hybrid engine or the batteries carry a consid erable amount of excess weight. Tractor cabs 
which are rounded at the front to be more aer odynamic will be longer.  The installation of 
streamlined flaps at the back of the vehicle w ill also increase its length. This reduction in the 
commercial load discourages transporters, shippers, and manufacturers from using and 
developing vehicles that ar e more energy-efficient. 
The revision of the Directive also offers an  opportunity to improve road safety by improving 
the streamlining of the cab, allowing a reduction of the driver’s blind spots, adding an energy-
absorbing structure in case of shocks, as well as increasing the driver’s safety and comfort. 
This would help spare the lives  of numerous vulnerable user s, such as pedestrians and 
cyclists, who the driver does not ne cessarily see when making manoeuvres. 
It is thus necessary to  amend Directive 96/53/EC to improve  the aerodynamics of vehicles and 
their energy efficiency, while continuing to improve road safety, and within the limits 
imposed by the geometry of road infrastructures.  
For example, some studies3 show that adding flaps of 1 m to 2 m in length at the rear of the 
vehicle would allow savings of between 5 and 10  % in fuel consumption at an average speed 
of 80 to 90 km/h. 
Furthermore, since the adoption of Directive 96/53/EC, the aver age weight of a bus passenger 
has increased. Moreover, EU legislation has made onboard safety devices mandatory, the 
                                                 
1 OJ L 235, 17.09.1996, p. 59. 
2 White Paper on Transport: Roadmap to a Single Eu ropean Transport Area – Towards a competitive and 
resource efficient transport system - COM (2011) 0144 
3 TU Delft 2011 Study on the aerodynamics of heavy goods vehicles EN 3   EN weight of which must be offset by a correspondi ng reduction in the vehi cle’s payload and thus 
the number of passengers transported. This is co unter to the aim of reducing fuel consumption 
per person transported and also counter to th e objective aimed at sh ifting from individual 
vehicles to public transp ort, which is clearly bett er for the environment. 
Fuel savings and reducing polluting emissions ar e not the only motives for proposing to revise 
Directive 96/53/EC. 
Indeed, Directive 96/53/EC does not take the recent developments in containerisation and 
intermodal transport into account. Some containe rs used on rail, waterways, intercontinental 
maritime transport and maritime cabotage can thus  currently only end their journeys by road, 
necessitating special permits which increase the administrative costs for transporters and administrations. Yet for the most common of these containers, which are 45 feet (13.72 m) 
long, the length of a truck would only need to be increased by 15 cm to avoid the need for 
these special permits, which would not pose any problems in terms of road safety or the 
geometry of infrastructures. 
Finally, because the current Directive has no pr ovisions on vehicle checks  and the applicable 
penalties, many infringements go unpunish ed, which undermines the Directive’s 
requirements. The main infringement committed is overloading the vehicle. On average, one in three vehicles checked is overloaded. These excess loads often exceed the maximum authorized weight by 10 or even 20%. This ca uses premature wear and tear of surfaces and 
increases the risk of accidents on the road. It  also distorts competition between transport 
companies, because the fraudsters can illegall y gain undue competitive advantages. Yet, there 
are technical filtering solutions available that make it possible to conduct more and faster and 
more effective checks, without ne eding to stop all the vehicles  that are to be checked. On-
board weighing systems also exist which allow the driver him- or herself to ensure the standards imposed are respected. It is therefor e necessary to add provisions on controls and 
penalties to Directive 96/53/EC to re-establi sh compliance with the rules of competition 
between transporters, to ensure a good level of road safety and the durability of the 
infrastructure.  
Some stakeholders raised questions about th e interpretation of Ar ticle 4 of Directive 
96/53/EC. In the light of these questions, Vice-P resident Kallas sent a letter on 13 June 2012 
to the Chairman of the Committee on Transpor t of the European Parliament. This letter 
offered guidance on this subject and considered th at the cross-border use of longer vehicles is 
lawful for journeys that only cross one border,  if the two Member States concerned already 
allow it, and if the conditions for derogation s under Article 4(3), (4) or (5) of Directive 
96/53/EC are met. This use should not have  any significant impact on international 
competition. To reflect the guidelines given in that letter, this revision includes the provisions regarding Article 4(4) in th e text of the Directive. 
2. RESULTS
 OF CONSULTATIONS  WITH  THE  INTERESTED  PARTIES  AND  
IMPACT  ASSESSMENTS 
The Commission organised public and s ectoral consultations in 2011 and 2012.  
The public consultation organised from D ecember 2011 to February 2012 yielded over a 
thousand contributions from citizens, Member  States and different  professional and non-
governmental organisations. The consultation allo wed the following opinions to be identified:  
(i) the improved aerodynamic performance of he avy goods vehicles is unanimously welcomed 
as progress and most of the contributions believed that Directive 96/53/EC should be 
amended to allow this improvement.  EN 4   EN (ii) The idea of facilitating the introduction of hybrid or elec tric engine t ypes, and the 
development of containerisation and intermodality by amending Directive 96/53/EC, are largely approved.  
(iii) The establishment of measures to check overloading is welcomed by the profession since 
it restores fair competition between transporters , and it appears essential to give the Member 
States the means to conduct such checks wit hout increasing their financial burden or 
disrupting or delaying traffic.  
Based on the results of this public consu ltation, the Commission held working seminars 
bringing together vehicle manufacturers, tran sporters and shippers, combined transport 
stakeholders, road control bodies and road safe ty stakeholders. Those consultations produced 
a consensus on targets for reducing pollution an d fuel consumption and for improving road 
safety, and an agreement for opening up to new possibilities of intermodal transport. A consensus was also reached on the need to step up checks, particularly on possible 
overloading of vehicles. In th e area of aerodynamic performan ce, more streamlined cabs and 
the installation at the back of ve hicles of equipment to reduce the drag effect are desirable. A 
limited adaptation of the maximum weights and dimensions, accompanied by appropriate signposting for the dimensions, does not seem to present any risk to road safety. 
The measures presented in this revision are the result of these consultations.  They were examined in an impact assessment, which allowed the best options in terms of 
economic and environmental efficiency to be sele cted. The option selected , described in detail 
in paragraph 4 below, combines technical harmonisation work conducted with a group of 
experts with a view to adopti ng delegated acts and a moderate  regulatory appr oach, to avoid 
imposing disproportionate or inapplicable ob ligations, which would penalise small and 
medium-sized enterprises in particular. 
The consultation also concerned Article 4 of  Directive 96/53/EC, which determines the 
conditions to meet to benefit from derogations from the limits imposed by the Directive, 
which can be determined by the Member States  in certain well-defined cases. Differences 
emerged concerning international traffic for vehi cles which exceed the dimensions laid down 
in the Directive. The Commission has therefore decided to make its own orientations on the 
current Directive public (le tter dated 13 June 2012 to the President of the Committee on 
Transport of the European Parliament). The guida nce relative to Article 4(4) is reflected in 
Article 1(2) of this proposal. 
3. LEGAL
 ELEMENTS  OF THE  PROPOSAL 
The proposal for amending Directive 96/53/EC is  based on Article 91 of the Treaty on the 
Functioning of the European Union (TFEU). Improving the efficiency and environmental performance of road transport is indeed an essential goal of the common transport policy. The 
harmonisation of rules at European level is also a continuing dema nd of the profession. 
This proposal is in keeping with the principles  of subsidiarity and proportionality. Given the 
importance of transport for the functioning of th e internal market, its increasing cross-border 
dimension and the increasing fuel costs and greenhouse gas emissions, provisions are 
essential to increase the fuel-e fficiency of road transport, reduce its environmental impact, 
and ensure compliance with the rules. 
The proposal leaves the Member States free to decide on deroga tions from the rules contained 
therein as far as national transport is con cerned. It establishes a Committee to assist the 
Commission in drawing up the requirements in relation to aerodynamics, along with EN 5   EN guidelines on checking policy procedures and penalties adapted to the infringements 
committed. The proposal therefore does not exceed what is required to achieve its objective. 
As the amendment of an existing directive is prop osed, the instrument proposed is a directive. 
The proposal concerns a matter re levant to the European Econ omic Area and should therefore 
be extended to the EEA. 
Finally, this proposal has no imp lications for the Union budget. 
4. DETAILED  EXPLANATION  OF THE  PROPOSAL 
The Commission proposal intends  first of all to grant de rogations from the maximum 
dimensions of vehicles for the addition of aerodyna mic devices to the rear of vehicles or to 
redefine the geometry of the cabs for tractors.  These derogations open up new prospects for 
manufacturers of tractors, lorries and trailers  but must meet certain requirements, one of 
which is not to increase the load capacity of vehicles. The Commission will, with the 
assistance of a Committee, specify these requirements at a later stage. The requirements will ensure compliance with road safety rules and the constraints imposed by infrastructure and 
traffic flow. In addition to the reduction of fuel consumption and greenhouse gas emissions, 
streamlining of cabs must also improve the driv ers’ field of vision, and thus save around 400 
lives each year in Europe. The drivers’ co mfort and safety will also be increased.  
The Commission will amend Commission Regulation (EU) 1230/2012 of 12 December 2012 
implementing Regulation 661/2009 with regard to the requirements for the type-approval of 
motor vehicles, in order to make them comp atible with this proposal for a Directive. 
The proposed Directive plans to au thorise a weight increase of one  tonne for vehicles with an 
electric or hybrid propulsion, to take account  of the weight of batteries or the dual 
motorisation, without prejudi ce to the load capacity of th e vehicle. Furthermore, the 
maximum weight of buses will be increase d by a tonne to take account of various 
developments such as the increase in the averag e weight of passengers and their baggage, of 
new equipment imposed by the safety regulations, and the new Euro VI class.  
The amendment of Directive 96/53/EC will facilitate the development of intermodal transport 
by allowing a derogation of 15 cm in the lengt h of trucks carrying 45- foot containers, which 
are increasingly used in intercontinental and European transport. 
The proposal also confirms that cross-border use of  longer vehicles is lawful for journeys that 
only cross one border, if the two Member St ates concerned already allow it and if the 
conditions for derogations under Ar ticle 4(3), (4) or (5) of the Directive are met. Concerning 
Article 4(4), these operations do not have a sign ificant impact on international competition if 
the cross-border use remains limited to two Member States and the existing infrastructure and the road safety situation allow it. Article 4(4) is amended accordingly. 
New provisions will be added to Directive 96/53 /EC to enable the inspection authorities to 
better detect infringements and harmonise admi nistrative penalties that  apply to them. The 
Commission will publish guidelines on inspection procedures to ensure harmonisation of 
inspection methods between all Member States . Member States must carry out a minimum 
number of vehicle checks, using either weighi ng systems built into the road or by means of 
onboard sensors in vehicles which communicate remotely with roadside inspectors. These 
measurements will allow the inspection authorities to  filter the vehicles, so that only vehicles 
strongly suspected of infringement are st opped for manual inspection. The Commission will 
define the technical standards for onboard we ighing devices that can communicate with the 
inspection authorities, particularly the stan dards for the electromagnetic communication EN 6   EN interface. This will encourage the spread of su ch devices. They offer the additional advantage 
of enabling drivers to better control the weight  of their vehicles. 
Infringements of Directive 96/53/EC  are classified by their degree of severity to harmonise at 
EU level the types of administrative penalties applicable. 
In order to accelerate the introduction of vehicl es that are more aerodynamic and have hybrid 
motorisation, the Commission will use the budgets at  its disposal, in particular those allocated 
to trans-European networks and the EU programmes for research, development and 
innovation, to help industrial researc h, and equipping vehicle fleets.  EN 7   EN 2013/0105 (COD) 
Proposal for a 
DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 
amending Directive 96/53/EC of 25 July 1996 laying down for certain road vehicles 
circulating within the Community the maximu m authorised dimensions in national and 
international traffic and th e maximum authorised weights in international traffic 
(Text with EEA relevance) 
THE EUROPEAN PARLIAMENT AND THE CO UNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty on the Functioning of the European Union, and in particular 
Article 91 thereof, 
Having regard to the proposal from the European Commission, 
After transmission of the draft legislative act to the national Parliaments, Having regard to the opinion of the Eu ropean Economic and Social Committee
4,  
Having regard to the opinion of  the Committee of the Regions5,  
Acting in accordance with the or dinary legislative procedure, 
Whereas: (1) The White Paper ‘Roadmap to a Singl e European Transport Area – Towards a 
competitive and resource efficient transport system’ published in 2011
6 emphasised 
the need to reduce greenhouse gas emissi ons, particularly carbon dioxide (CO 2) 
emissions, by 60% in comparison with 1990 levels by 2050. 
(2) In this context, the White Paper propos ed to adapt Council Directive 96/53/EC of 
25 July 1996 laying down for cer tain road vehicles circul ating within the Community 
the maximum authorised dimensions in na tional and international traffic and the 
maximum authorised weights in internati onal traffic in the aim of reducing energy 
consumption and greenhouse gas emissions, so as to adapt the legislation to 
technological developments and changing ma rket needs and to facilitate intermodal 
transport. 
(3) Technological developments include the possibi lity of attaching retr actable or foldable 
aerodynamic devices to the rear of  vehicles, mainly trailers or semi-trailers, but which 
then exceed the maximum lengths allowed under Directive 96/53/EC. This equipment 
may be installed as soon as this Directive ente rs into force, as the products are 
available on the market and alre ady used in other continents. 
(4) The improved aerodynamics of  the cabs of motor vehicles would also allow significant 
gains on the energy performance of vehicl es, in conjunction with the devices 
mentioned in recital 3 above. However, this improvement is impossible under the 
                                                 
4 OJ C , , p. . 
5 OJ C , , p. . 
6 COM (2011) 0144: -  EN 8   EN current maximum lengths set by Directive 96 /53/EC without reducing the vehicle load 
capacity and threatening the economic equilibrium of the sector. Therefore a derogation from this maximum length is required.  
(5) In its policy orientations on road safety 2011-2020
7, the Commission set out measures 
to make vehicles safer and better protect vulnerable road users. The importance of 
visibility for vehicle drivers was also underlined in the Commission’s report to the 
European Parliament and the Council on th e implementation of Directive 2007/38/EC 
on the retrofitting of mirrors to heavy goods  vehicles registered in the Community8. A 
new cab profile will also contribute to improving road safety by reducing the blind spot in the drivers’ vision, including under the windscreen, which should help save the 
lives of many vulnerable road users such as pedestrians or cyclists. This new profile 
could also incorporate energy absorption stru ctures in the event of a collision. The 
potential gain in the volume of the cab w ould also improve the driver’s comfort and 
safety. 
(6) Aerodynamic devices and their installation in vehicles must be tested before being put 
on the market. To this end, Member States are to issue certificat es that will be 
recognised by other Member States. 
(7) Longer vehicles may be used in cross-bo rder transport if th e two Member States 
concerned already allow it a nd if the conditions for deroga tion under Article 4(3), (4) 
or (5) of the Directive are met. The European Commission has already provided 
guidance on the application of Article 4 of  the Directive. The transport operations 
referred to in Article 4(4) do not have a si gnificant impact on international competition 
if the cross-border use remains limited to two Member States where the existing infrastructure and the road safety requirements allow it. This balances the Member States’ right under the principle of subsidiari ty to decide on transport solutions suited 
to their specific circumstances with the need  to prevent such po licies from distorting 
the internal market. The provisions of Artic le 4 (4) are clarified in this respect. 
(8) Using alternative engines that no longer rely only on fossil fuels and are therefore non-
polluting or less polluting, such as electric or hybrid engine s for heavy-duty vehicles 
or buses (mainly in urban or suburban e nvironments) generates extra weight which 
should not be counted at the ex pense of the effective load of the vehicle so that the 
road transport sector is not penalised in economic terms. 
(9) The White Paper on Transport also stress es the need to monitor developments in 
intermodal transport, particularly in th e area of containerisation, where 45-foot 
containers are increasingly used. They are transported by rail or inland waterways. But 
the road components of  intermodal journeys can only be  undertaken today if both the 
Member States and the transporters follow cumbersome administrative procedures or 
if these containers have patented chamfered corners, the cost of which is prohibitive. 
Increasing the length of the vehicles tran sporting them by 15 cm could eliminate these 
administrative procedures for transporters a nd facilitate intermodal transport, without 
risk or prejudice to the infrastructure or ot her road users. The small increase that this 
15 cm represents in relation to the length of an articulated truck (16.50 m) does not 
constitute an additional risk to road safety. In the policy orientation of the White Paper on Transport, this increase is however au thorised only for intermodal transport, for 
which the road component does not exceed 300 km for operations involving a rail, river or sea component. This distance app eared sufficient to link an industrial or 
                                                
 
7 COM(2010) 389 
8 COM (2012) 258 EN 9   EN commercial site with a freight terminal or  a river port. To link a seaport and support 
the development of motorways of the sea, a longer distance is possible for a short 
intra-European maritime transport operation. 
(10) To further promote intermodal transport a nd take into account the unladen weight of 
45-foot containers, the provision authorisin g the circulation of 44-tonne combinations 
of vehicles with 5 or 6 axles transporting 40-foot containers in intermodal transport 
should be extended to those carrying 45-foot containers. 
(11) Since the adoption of Directive 96/53/EC,  the average weight of bus passengers and 
their luggage has increased substantially, l eading to a gradual reduction in the number 
of passengers carried, given the weight limits  imposed by the Directive. The need to 
promote public transport over private transport in the interests of better energy 
efficiency means that the previous number of bus passengers must be re-established, 
taking into account this increas e in their weight and that of  their luggage. This can be 
done by increasing the authorised weight for bus es with two axles, within limits that 
nonetheless ensure that the infrastructure  is not damaged through faster erosion. 
(12) The authorities responsible for enforci ng road transport-related requirements note a 
high number of infringements, sometimes seriou s, particularly in relation to the weight 
of transport vehicles. This situation stem s from the insufficient number of checks 
conducted under Directive 96/53/EC, or from  their inefficiency. Furthermore, the 
procedures and rules for checks differ between Member States, creating legal 
uncertainty for drivers of vehicles operati ng in several Member States of the Union. 
Furthermore, transporters that do not comply  with the relevant rules enjoy a significant 
competitive advantage over competitors that do comply with the rules, and over other 
modes of transport. This situation constitutes an obstacle to the proper functioning of the internal market. It is th erefore important that Member States increase the pace of 
checks carried out, both the manual checks and the pre-selections for manual checks.  
(13) Simple technological solutions, fixed or mobile, are now available that allow 
inspectors to preselect vehicles suspect ed of infringements without stopping the 
vehicles in question, which is less disadvant ageous in terms of traffic flow, less 
onerous and allows optimal safety conditi ons. Some devices may be installed onboard 
heavy goods vehicles and give the driver a way of checking whether his or her vehicle 
is compliant with the law. These onboard devices may also use a microwave communication interface to co mmunicate their data to officials or to roadside 
automatic inspection systems without stopping the vehicle. The pre-selection should 
have a minimum threshold of one weighing pe r 2 000 vehicle kilometres to ensure the 
effectiveness of the roadside checks on the territory of the Union, because this would 
allow every vehicle to be checked on a st atistical average of every three days. 
(14) The observation of a high number of  infringements of the provisions of 
Directive 96/53/EC is to a large extent due to the non-deterren t level of penalties 
prescribed by Member States’ legislation fo r violations of these rules, or even the 
absence of any such penalties. This w eak point is further compounded by the wide 
variety in the levels of administrative pe nalties applicable in the different Member 
States. To remedy these weak points, the levels and categories of administrative penalties for infringements of Directive 96/53/EC should be approximated at Union 
level. These administrative penalties should be  effective, proportio nate and dissuasive. 
(15) The inspection authorities in the Member St ates must be able to exchange information 
to make checking the weight of vehicles or  vehicle combinations more effective at 
international level, and to facilitate the sm ooth operation of these checks, in particular EN 10   EN the identification of offenders , the description of offences  and penalties applied, and 
the state of good repute of the undertaking c oncerned. The contact point designated in 
accordance with Article 18(1) of Re gulation 1071/2009/EC of the European 
Parliament and of the Council of 21 October 2009 establishing common rules 
concerning the conditions to be complied with to pursue the occupation of road 
transport operator and repealing Council Directive 96/26/EC9 could serve as a relay 
for this exchange of information. 
(16) The European Parliament and the Council should be regularly informed of the checks 
on road traffic carried out by the Member States. This information, provided by the 
Member States, will enable the Commission to ensure compliance with this Directive 
by hauliers and to define whether or not additional coercive measures should be developed. 
(17) The Commission should be empowered to  adopt delegated acts, in accordance with 
Article 290 of the Treaty on the Functioning of the European Union, to define the 
requirements imposed on new aerodynamic devices placed in the rear of the vehicle or the design of new motor vehicles, as well as the technical specifications to ensure full 
interoperability of onboard weighing devi ces, and guidelines on the procedures for 
checking the weight of vehicles  in circulation. It is particularly important that the 
Commission carry out appropria te consultations during its preparatory work, including 
at expert level. The Commission, when prep aring and drawing-up de legated acts, shall 
ensure a simultaneous, timely and appropriate transmission of relevant documents to 
the European Parliament and Council. 
(18) Since the objectives of this Directive cannot be suffici ently achieved by the Member 
States and can therefore, by reason of the scal e and effects of this Directive, be better 
achieved at Union level, the Union may ta ke the necessary measures, in accordance 
with the principle of subsidiarity as set out in Article 5 of the Treaty on European 
Union. In accordance with the principle of  proportionality, as set out in the same 
Article, this Directive does not exceed what is necessary in order to achieve that 
objective. 
(19) Directive 96/53/EC should therefore be amended accordingly, 
HAVE ADOPTED THIS DIRECTIVE:  
Article 1 
Directive 96/53/EC is hereby amended as follows: 
1) The following definitions are added to the first subparagraph of Article 2: - ‘hybrid propulsion vehicle’ means a vehicle w ithin the meaning of Directive 2007/46/EC of 
the European Parliament and of the Council of 5 September 2007 esta blishing a framework 
for the approval of motor vehicles  and their trailers, and of systems, components and separate 
technical units intended for such vehicles
10, equipped with one or more traction motor(s) 
operated by electric power and not permanentl y connected to the grid and one or more 
traction motor(s) operated by internal combustion; 
- ‘electric vehicle’ means a vehicle within the meaning of  Directive 2007/46/EC of the 
European Parliament and of the Council of 5 September 2007 establishing a framework for 
the approval of motor vehicles and their traile rs, and of systems, components and separate 
                                                 
9 OJ L 300, 14.11.2009, p. 51. 
10 OJ L 263, 9.10.2007, p. 1. EN 11   EN technical units intended for such vehicles11, equipped with one or more traction motor(s) 
operated by electric power and not pe rmanently connected to the grid;  
- ‘intermodal transport unit’ means a unit be longing to one of the following categories: 
container, swap body, semi-trailer; 
2) Article 4 is amended as follows: (a) The word ‘national’ is deleted from  points (a) and (b) of paragraph 1. 
(b) The first phrase of the second subparagra ph of Article 4(4) is replaced by the 
following phrase: 
‘Transport operations shall be considered to  not significantly affect international 
competition in the transport sector if they  take place on the territory of a Member 
State or, for a cross-border  operation, between only two neighbouring Member States 
who have both adopted measures  taken in application of this  paragraph, and if one of 
the conditions under (a) and (b) is fulfilled:’ 
3) Article 4(6), Article 5(b)  and Article 8a are deleted. 
4) Article 5 is amended as follows: the wo rds ‘Without prejudice to Article 4 (6):’ are 
deleted. 
5) The references to Council Directive 70/156/EEC are replaced by a reference to 
Directive 2007/46/EC
12. 
6) Article 8 is replaced by the following: 
Article 8  
1. With the aim of improving the aerodynamic performance of vehicles or combinations 
of vehicles, vehicles or comb inations of vehicles equipped with devices that meet the 
criteria set out below may exceed the maxi mum lengths provided for in point 1.1 of 
Annex I. The only purpose of these exceedances is to allow the addition to the rear of 
vehicles or vehicle combinations of  devices increasing their aerodynamic 
characteristics.  
2. The performance and safety requirements to  be met by the devices referred to in the 
first paragraph are as follows: 
– significant improvement in the aerod ynamic performance of the vehicles,  
– in terms of road safety and safety of  intermodal transport, in particular:  
(i) secure attachment of the devices in such a way as to reduce their risk of 
their detachment over time 
(ii) day and night markings, effective even in poor weather conditions, that 
allows other road users to gauge the external bodywork of the vehicle,  
(iii) a design that limits the risks for other vehicles and their passengers in the 
event of collision,  
(iv) the device does not signi ficantly increase the risk  of being overturned by 
crosswinds; 
                                                 
11 OJ L 263, 9.10.2007, p. 1. 
12 Directive 2007/46/EC of the European Parliament and of the Council establishing a framework for the 
approval of motor vehicles and their trailers, and of systems, components and separate technical units 
intended for such vehicles EN 12   EN – integration into existing ne tworks, in particular  
(i) the maintenance of the manoeuvrability of vehicles or combinations of 
vehicles on urban and inter-urb an road infrastructures,  
(ii) the inclusion of the trailers and semi -trailers concerned in the rail, river and 
sea units during intermodal transport operations,  
(iii) these devices can be easily folde d, retracted or removed by the driver. 
The exceedances of maximum lengths do not increase the capacity of vehicles 
or combinations of vehicles.  
3. Before being put on the market, the additional aerodynamic devices and their 
installation on vehicles shall be authorised by the Member States, which shall issue a certificate to this effect, attesting comp liance with the requirements mentioned in 
paragraph 2 above and indicating that the device contribu tes significantly to 
improving aerodynamic performance. The certifi cates of authorisa tion issued in one 
Member State shall be recognise d by the other Member States.  
4. The Commission shall be empowered to a dopt delegated acts in accordance with 
Article 16, to complement the requirements  referred to in paragraph 2. These shall 
take the form of technical characteristic s, minimum levels of performance, design 
constraints, and procedures for the establishment of the test certificate referred to in paragraph 3. 
5. Pending the adoption of the delegated acts, th e vehicles or combinations of vehicles 
equipped with aerodynamic devices to the r ear, which meet the requirements referred 
to in paragraph 2 and were tested in acco rdance with paragraph 3 may circulate if 
their length exceeds the length laid down in  Annex I, point 1.1 by no more than two 
metres. This transitional measure shall apply from the date of entry into force of this Directive. 
7) Article 9 is replaced by the following: 
Article 9  
1. In the aim of improving the aerodynamic performance and road safety of vehicles or 
combinations of vehicles, vehicles or combin ations of vehicles that meet the criteria 
set out in paragraph 2 below may exceed the maximum lengths provided for in point 1.1 of Annex I. The main purpose of  these exceedances is to allow the 
construction of tractor cabs improving the ae rodynamic characteristics of vehicles or 
combinations of vehicles, and improving road safety. 
2. The performance and safety requirements to be met by the cabs referred to in the first 
paragraph are as follows: 
- improved aerodynamic performance of the vehicles, - enhanced road safety and security in inte rmodal transport, in particular to ensure 
that the front of the cab  
(i) makes vulnerable road users more visibl e to the driver, in particular by reducing 
the blind spot under the front windscreen 
(ii) reduces the damage in the event of a collision,  - the manoeuvrability of vehi cles or vehicle combinations in infrastructure and 
without imposing restrictions on the use of vehicles in intermodal terminals, EN 13   EN - the comfort and safety of the drivers. 
The exceedances of the maximum length shall not lead to the increase in the load 
capacity of vehicles or co mbinations of vehicles.  
3. Before they are put on the market, th e aerodynamic performance of new motor 
vehicle designs shall be tested  by Member States, who will issue a certificate to this 
end. This will certify compliance with the requirements of paragraph 2 above. The 
test certificates issued in one Member St ate shall be recognised by the other Member 
States.  
4. The requirements set out in paragraph 2 are adopted in accordance with paragraph 5 
below. 
5. The Commission shall be empowered to  adopt delegated acts concerning the 
requirements which the new tractor cabs must  meet in accordanc e with Article 16. 
These take the form of technical characte ristics, minimum levels of performance, 
design constraints, and procedures for th e establishment of the test certificate 
indicating the increas e in aerodynamic performance re ferred to in paragraph 3. 
8) In Article 10, the words ‘from the date in Article 11’ are replaced by the words 
‘17 September 1997’. 
9) Article 10a is replaced by the following: 
Article 10a 
 The maximum weights of vehicles with hybrid propulsion or fully electric propulsion 
shall be those set out in Annex I, point 2.3.1. 
The vehicles with hybrid or electric propul sion must however comply with the limits 
set out in Annex I point 3: ma ximum authorized axle weight. 
10) Article 11 is replaced by the following:  
Article 11  
The maximum dimensions laid down in Annex I points 1.1 and 1.6 may be exceeded 
by 15 cm for vehicles or combinations of ve hicles engaged in the transport of 45-foot 
containers or swap bodies, if the road tran sport of the container or swap body is part 
of an intermodal transport operation.  
For the purposes of this Ar ticle, and of point 2.2.2(c) of Annex I, an intermodal 
transport operation shall include at least rail , river or sea transport at least. It shall 
also include a road section for its initial a nd/or terminal journey. Each of these road 
sections shall be less than 300 km in the territory of the European Union or just as far 
as the closest terminals between which th ere is a regular service. A transport 
operation shall also be regarded as intermodal transport if it uses intra-European short sea shipping, regardless of the lengths of  the initial and terminal road journeys. 
The initial road journey and the terminal road journey for an operation using intra-
European short sea shipping takes place from  the point where the goods are lo aded to 
the nearest appropriate seaport for the init ial leg, and/or where appropriate between 
the nearest appropriate seaport and the po int where the goods are unloaded for the 
final leg.  
11) Article 12 is replaced by the following: EN 14   EN Article 12  
1. The Member States shall establish a syst em for pre-selecting and targeting checks on 
vehicles or combinations of vehicles in circulation, in order to ensure compliance 
with the requirements of this Directive. 
2. After the expiry of a period of two years fr om the date of entry into force of this 
Directive, Member States shall measure th e weight of vehicles or combination of 
vehicles in circulation. The purpose of thes e pre-selection measures is to identify 
vehicles that are likely to have committed an offence and that should be checked manually. These measures may be taken with the aid of automatic systems set up on the infrastructure, or onboard systems insta lled in vehicles in line with paragraph 6 
below. The automatic systems must enab le the identification of the vehicles 
suspected of exceeding the maximum authorised weights. As these automatic systems are only to be used for pre-selecti on purposes, and not to define an offence, 
they do not have to be certified by the Member States. 
3. Member States shall take a number of pres election measures equivalent to at least 
one weighing per 2 000 vehicle kilometres per year on average.  
4. Member States shall ensure that the comp etent authorities exchange the information 
necessary to make these checks more effec tive at EU level, and to facilitate their 
conduct, notably through the national contac t point responsible for the exchange of 
information with the other Member States. This necessary information shall include in particular the identification of offenders, the description of the offences committed and penalties imposed, and the reputation of the company concerned. The contact 
point is designated in accordance with Article 18(1) of Re gulation 1071/2009/EC.  
5. Vehicles suspected of being overweight  following the pre- selection procedure 
conducted pursuant to paragraph 2 shall be subject to at least one of the following 
measures: 
– (i) roadside inspection with appr oved measurement equipment after 
interception of the vehicle,  
– (ii) sending the transport company notific ation of the suspected overloading of 
the vehicle, 
– (iii) inspection of the transport compa ny on its premises, particularly in the 
case of repeated infringements after the sending of the notification referred to 
in (ii). 
6. In accordance with paragraph 1, Member States shall encourage the equipment of 
vehicles and vehicle combinations with onboard weighing devices (total weight and 
axle load) to enable the weight data to be communicated at a ny time from a moving 
vehicle to an authority carrying out roadside  inspections or responsible for regulating 
the transport of goods. This communication shall be through the interface defined by 
the CEN DSRC
13 standards EN 12253, EN 12795, EN 12834, EN 13372 and 
ISO 14906.  
7. The Commission shall be empowered to a dopt delegated acts, in accordance with 
Article 16, concerning:  
–  the additional technical specifications to ensure full interoperability at Union 
level of the on-board weighing equipmen t mentioned in paragraph 6 above, so 
                                                 
13 DSRC: Dedicated Short-Range Communications EN 15   EN that the authorities of all Member St ates can communicate in the same way 
with vehicles or vehicle combinations registered in any Member State and, 
where appropriate, exchange information received with the authorities of other 
Member States.  
–  the procedures for the pre-selection ch ecks referred to in paragraph 2 of this 
Article, the technical specifications, pr ecision requirements and instructions for 
use of the equipment used for these preselection checks. These procedures, specifications and instructions for use are intended to ensure that the checks are 
performed in the same way in all Me mber States, thereby ensuring equal 
treatment for all trans porters throughout the te rritory of the Union. 
12) Article 13 is replaced by the following: 
Article 13 
1. Infringements of this Directive are divided into different categories according to their 
severity. 
2. An overload of less than 5 % of the maxi mum authorised weight in points 2, 3, 4.1 
and 4.3 of Annex 1 shall give rise to a written warning to the transport company, which could give rise to a pe nalty, if the national legislati on provides for this type of 
penalty; 
3. An overload of between 5 and 10 % of th e maximum authorised weight in points 2, 
3, 4.1 and 4.3 of Annex 1 shall be considered as a minor offence within the meaning 
of this Directive, and shall give rise to a financial penalty. The inspection authorities 
may also immobilise the vehicle for unloading until it reaches the maximum 
authorised weight; 
4. An overload of between 10 and 20 % of the maximum authorised we ight in points 2, 
3, 4.1 and 4.3 of Annex 1 shall be consider ed a serious infringement within the 
meaning of this Directive. It  shall give rise to a financ ial penalty and the immediate 
immobilisation of the vehicle for unloadi ng until it reaches the maximum authorised 
weight, 
5. An overload of more than 20 % of the maxi mum authorised weight  in points 2, 3, 4.1 
and 4.3 of Annex 1 shall be considered a very serious infringement within the 
meaning of this Directive, because of th e increased risks incurred by other road 
users. This shall give rise to an im mediate immobilisation of the vehicle for 
unloading until it reaches the maximum author ised weight, and to a financial penalty. 
The procedure leading to the loss of good re pute of the transport company shall be 
implemented in accordance with Article 6 of Regulation (EC) No 1071/2009
14, 
6. An excess length or excess width of le ss than 2% of the maximum dimensions 
indicated in point 1of Annex 1 shall give ri se to a written warning to the transport 
company, which could give rise to a penalt y, if the national legislation provides for 
such a penalty. 
7. An excess length or excess width of betw een 2 and 20% of the maximum dimensions 
indicated in point 1 of Annex 1, either of the lo ad on board or of the vehicle itself, 
shall give rise a financial penalty. The inspection authorities shall immobilise the 
vehicle until its unloading if the excess length or excess width comes from the load 
                                                 
14 OJ L300, 14.11.2009, p. 51. EN 16   EN or until the transport compa ny obtains a special permit in accordance with Article 
4(3); 
8. An excess length or excess width of the load  or of the vehicle of more than 20% of 
the maximum dimensions indicated in point 1 of Annex 1 shall be considered as a 
very serious infringement within the mean ing of this Directive, because of the 
increased risks incurred by other road users. It shall give rise to a financial penalty 
and to the immediate immobilisation of the vehicle by the inspection authorities, 
until its unloading or until the trans port company obtains a special permit in 
accordance with Article 4(3), if the excess length or excess width comes from the 
load. The procedure leading to the loss of good repute of the transport company shall 
be implemented in accordance with Ar ticle 6 of Regulation (EC) No 1071/2009. 
9. The financial penalties refe rred to in paragraphs 3, 4, 5, 7, and 8 shall be effective, 
proportionate and dissuasive. 
13) The following Article 14 is added: 
Article 14 
For the transport of containers, the shipper shall give the road haulier to whom it entrusts the 
transport of a container a statement indica ting the weight of th e container moved. If 
this information is missing or incorrect, the shipper shall incur liability in the same 
way as the haulier if the vehicle is overloaded. 
14) The following Article 15 is added: 
Article 15 
 Every two years in the first quarter of the calendar year, the Member States shall 
send the Commission a report on the checks carr ied out in the previous two calendar 
years, the results of these checks and th e penalties imposed on the offenders. The 
Commission shall produce an analysis of th ese reports and send it to the European 
Parliament and the Council in the se cond quarter of the calendar year.  
15) The following Article 16 is added: 
Article 16 
1. The power to adopt delegated acts is conferred on the Commission subject to the 
conditions laid down in this Article. 
2. The power to adopt delegate d acts referred to in Article 8(4), Article 9(5) and 
Article 12(7) shall be conferred on the Commission for an indeterminate period of 
time from the [date of entry into force of this Directive] 
3. The delegation of power referred to in Ar ticles 8(4), 9(5) an d 12(7) may be revoked 
at any time by the European Parliament or  by the Council. A decision of revocation 
shall put an end to the delegation of power specified in that decision. It shall take 
effect the day following the public ation of the decision in the Official  Journal of the 
European Union  or at a later date specified therei n. It shall not affect the validity of 
any delegated acts already in force. 
4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to 
the European Parliament and to the Council.  EN 17   EN 5. A delegated act adopted pursu ant to Article 8(4) , Article 9(5) and Article 12(7) shall 
enter into force only if the European Parliament or the Council did not express an objection within a period of two months of notification of that act to these two 
institutions, or if, before th e expiry of that period, the European Parliament and the 
Council have both informed the Commissi on of their intention not to raise 
objections. That period can be extended by two months at the initiative of the 
European Parliament or the Council. 
16) Annex I is amended as follows: 
– (a) Point 1.2(b) is replaced by the following provisions: 
– ‘superstructures of conditioned vehicles or vehicles transporting conditioned 
intermodal transport units: 2.60 m’ 
– (b) Point 2.2.2 (c) is replaced by the following:  
‘three-axle motor vehicle with two or  three-axle semi-t railer carrying, in 
intermodal transport, one or more intermodal transport units, for a total maximum length of 40 or 45 foot: 44 tonnes.’ 
– (c) Point 2.3.1 is replace d by the following:  
‘two-axle motor vehicles ot her than buses: 18 tonnes’ 
‘two-axle motor vehicles other than buses, and with hybrid or electric 
propulsion: 19 tonnes’ 
‘two-axle buses: 19 tonnes’ 
Article 2 
1. Member States shall bring into force the laws, regulations and administrative 
provisions necessary to  conform to this Directive not later than 18 months from the 
date of its publication in the Official Journal of the European Union . They shall 
immediately communicate to the Commissi on the text of those provisions. 
When Member States adopt those provisions,  they shall contain a reference to this 
Directive or be accompanied by such a reference on the occasion of their official 
publication. Member States shall determin e how such reference is to be made. 
2. Member States shall communicate to the Commission the text of the main provisions 
of national law which they adopt in the field covered by this Directive. 
Article 3 
This Directive shall enter into force on the 20th day following its publication in the Official 
Journal of the European Union . EN 18   EN Article 4 
This Directive is addressed to the Member States. 
Done at Brussels,  
For the European Parliament For the Council 
The President The President