# EUR-Lex - 52013PC0195 - EN

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# 52013PC0195

**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 maximum authorised dimensions in national and international traffic and the maximum authorised weights in international traffic /* COM/2013/0195 final - 2013/0105 (COD) */**

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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 the maximum authorized dimensions in national and international
traffic and the maximum authorized weights in international traffic[1] has satisfactorily contributed
to the smooth operation of the internal market in road transport by setting the
maximum dimensions and weight for vehicles for the national and international
transport of goods and passengers. It also indicates 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 are still relevant. In particular, it has become
crucial to reduce greenhouse gas emissions and the consumption of petroleum
products in the field of transport, and even more crucial for road transport,
which accounts for 82% of the energy consumption of the transport sector. The
steady rise in the price of fuel is continuously increasing Europe's energy
bill and prompt us to identify solutions to reduce vehicle fuel consumption.
The White Paper on Transport Policy[2]
published in 2011 set a goal of reducing greenhouse 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
vehicles, with the aim of allowing more energy-efficient, aerodynamic vehicles
to be put on the market. Indeed, the improvement of vehicles’ aerodynamic
performances and the installation of alternative propulsion systems, hybrid or
electric, is only possible, within the limits of the maximum dimensions and
weights authorized by the current Directive, to the detriment of the vehicle’s
commercial load. The hybrid engine or the batteries carry a considerable amount
of excess weight. Tractor cabs which are rounded at the front to be more
aerodynamic will be longer. The installation of streamlined flaps at the back
of the vehicle will also increase its length. This reduction in the commercial
load discourages transporters, shippers, and manufacturers from using and
developing vehicles that are 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 users, such as
pedestrians and cyclists, who the driver does not necessarily 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 studies[3] 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 average weight of a bus passenger has increased.
Moreover, EU legislation has made onboard safety devices mandatory, the weight
of which must be offset by a corresponding reduction in the vehicle’s payload
and thus the number of passengers transported. This is counter to the aim of
reducing fuel consumption per person transported and also counter to the
objective aimed at shifting from individual vehicles to public transport, which
is clearly better for the environment.

Fuel savings and reducing polluting
emissions are 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 containers 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 provisions on vehicle checks and the applicable penalties, many
infringements go unpunished, 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 causes 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 illegally
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 needing 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 therefore necessary to add
provisions on controls and penalties to Directive 96/53/EC to re-establish
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
the interpretation of Article 4 of Directive 96/53/EC. In the light of these
questions, Vice-President Kallas sent a letter on 13 June 2012 to the Chairman
of the Committee on Transport of the European Parliament. This letter offered
guidance on this subject and considered that 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 derogations 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 the text of the Directive.

2.           RESULTS OF CONSULTATIONS WITH THE
INTERESTED PARTIES AND IMPACT ASSESSMENTS

The Commission organised public and
sectoral consultations in 2011 and 2012.

The public consultation organised from
December 2011 to February 2012 yielded over a thousand contributions from
citizens, Member States and different professional and non-governmental
organisations. The consultation allowed the following opinions to be
identified:

(i) the improved aerodynamic performance of
heavy 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.

(ii) The idea of facilitating the
introduction of hybrid or electric engine types, 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 without increasing their financial
burden or disrupting or delaying traffic.

Based on the results of this public
consultation, the Commission held working seminars bringing together vehicle
manufacturers, transporters and shippers, combined transport stakeholders, road
control bodies and road safety stakeholders. Those consultations produced a
consensus on targets for reducing pollution and 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 the area of
aerodynamic performance, more streamlined cabs and the installation at the back
of vehicles 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 selected. The option selected, described in detail in
paragraph 4 below, combines technical harmonisation work conducted with a group
of experts with a view to adopting delegated acts and a moderate regulatory approach,
to avoid imposing disproportionate or inapplicable obligations, 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 vehicles which exceed the dimensions laid
down in the Directive. The Commission has therefore decided to make its own orientations
on the current Directive public (letter dated 13 June 2012 to the President of
the Committee on Transport of the European Parliament). The guidance 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 demand of the
profession.

This proposal is in keeping with the
principles of subsidiarity and proportionality. Given the importance of
transport for the functioning of the internal market, its increasing
cross-border dimension and the increasing fuel costs and greenhouse gas
emissions, provisions are essential to increase the fuel-efficiency of road
transport, reduce its environmental impact, and ensure compliance with the
rules.

The proposal leaves the Member States free
to decide on derogations from the rules contained therein as far as national
transport is concerned. It establishes a Committee to assist the Commission in
drawing up the requirements in relation to aerodynamics, along with 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 proposed, the instrument proposed is a directive. The proposal concerns a
matter relevant to the European Economic Area and should therefore be extended
to the EEA.

Finally, this proposal has no implications
for the Union budget.

4.           DETAILED EXPLANATION OF THE PROPOSAL

The Commission proposal intends first of
all to grant derogations from the maximum dimensions of vehicles for the
addition of aerodynamic 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 drivers’ field of vision,
and thus save around 400 lives each year in Europe. The drivers’ comfort 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 compatible with this proposal for a Directive.

The proposed Directive plans to authorise 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 prejudice to the load capacity of the vehicle.
Furthermore, the maximum weight of buses will be increased by a tonne to take
account of various developments such as the increase in the average 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 length 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 States concerned already allow it and if the
conditions for derogations under Article 4(3), (4) or (5) of the Directive are
met. Concerning Article 4(4), these operations do not have a significant 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 administrative 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 weighing 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 stopped for manual inspection. The Commission will define the
technical standards for onboard weighing devices that can communicate with the
inspection authorities, particularly the standards for the electromagnetic
communication interface. This will encourage the spread of such 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
vehicles 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 research, and equipping vehicle fleets.

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 maximum authorised dimensions in national and international
traffic and the maximum authorised weights in international traffic

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE
COUNCIL 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
European Economic and Social Committee[4],

Having regard to the opinion of the Committee
of the Regions[5],

Acting in accordance with the ordinary
legislative procedure,

Whereas:

(1)       The White Paper ‘Roadmap
to a Single European Transport Area – Towards a competitive and resource
efficient transport system’ published in 2011[6]
emphasised the need to reduce greenhouse gas emissions, particularly carbon
dioxide (CO2) emissions, by 60% in comparison with 1990 levels by
2050.

(2)       In this context, the White
Paper proposed to adapt Council Directive 96/53/EC of 25 July 1996 laying
down for certain road vehicles circulating within the Community the maximum
authorised dimensions in national and international traffic and the maximum
authorised weights in international traffic in the aim of reducing energy
consumption and greenhouse gas emissions, so as to adapt the legislation to
technological developments and changing market needs and to facilitate
intermodal transport.

(3)       Technological developments
include the possibility of attaching retractable 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 enters into force, as the
products are available on the market and already used in other continents.

(4)       The improved aerodynamics
of the cabs of motor vehicles would also allow significant gains on the energy
performance of vehicles, in conjunction with the devices mentioned in recital 3
above. However, this improvement is impossible under the 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 the implementation of Directive 2007/38/EC on the retrofitting of
mirrors to heavy goods vehicles registered in the Community[8]. 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 structures in the event of a
collision. The potential gain in the volume of the cab would 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 certificates that will be recognised by
other Member States.

(7)       Longer vehicles may be
used in cross-border transport if the two Member States concerned already allow
it and if the conditions for derogation 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 significant 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 subsidiarity to decide on transport
solutions suited to their specific circumstances with the need to prevent such
policies from distorting the internal market. The provisions of Article 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 engines for heavy-duty vehicles or
buses (mainly in urban or suburban environments) generates extra weight which
should not be counted at the expense 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 stresses the need to monitor developments in intermodal
transport, particularly in the 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 transporting them by 15 cm could eliminate these
administrative procedures for transporters and facilitate intermodal transport,
without risk or prejudice to the infrastructure or other 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 authorised 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 appeared sufficient to link an industrial
or 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 and take into account the unladen weight of 45-foot
containers, the provision authorising 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, leading 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 increase in their weight and that of
their luggage. This can be done by increasing the authorised weight for buses
with two axles, within limits that nonetheless ensure that the infrastructure
is not damaged through faster erosion.

(12)     The authorities responsible
for enforcing road transport-related requirements note a high number of
infringements, sometimes serious, particularly in relation to the weight of
transport vehicles. This situation stems 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 operating 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
therefore 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 suspected of infringements without stopping the vehicles in
question, which is less disadvantageous in terms of traffic flow, less onerous
and allows optimal safety conditions. 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 communicate 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 per 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
statistical 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-deterrent level of penalties prescribed by Member
States’ legislation for violations of these rules, or even the absence of any
such penalties. This weak point is further compounded by the wide variety in
the levels of administrative penalties 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,
proportionate and dissuasive.

(15)     The inspection authorities
in the Member States 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 smooth operation of these checks, in particular
the identification of offenders, the description of offences and penalties
applied, and the state of good repute of the undertaking concerned. The contact
point designated in accordance with Article 18(1) of Regulation 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/EC[9] 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 devices, and guidelines on the procedures
for checking the weight of vehicles in circulation. It is particularly
important that the Commission carry out appropriate consultations during its
preparatory work, including at expert level. The Commission, when preparing and
drawing-up delegated 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 sufficiently achieved by the Member States and can
therefore, by reason of the scale and effects of this Directive, be better
achieved at Union level, the Union may take 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 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 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 permanently 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 trailers, and of systems, components and separate technical
units intended for such vehicles[11],
equipped with one or more traction motor(s) operated by electric power and not
permanently connected to the grid;

- ‘intermodal transport unit’ means a unit
belonging 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 subparagraph 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 words ‘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 combinations of vehicles equipped with devices that meet the criteria set out
below may exceed the maximum 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 aerodynamic
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 significantly increase
the risk of being overturned by crosswinds;

–
integration into existing networks, in
particular

(i) the maintenance of the manoeuvrability of
vehicles or combinations of vehicles on urban and inter-urban 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 folded,
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 compliance with the requirements mentioned in paragraph
2 above and indicating that the device contributes significantly to improving
aerodynamic performance. The certificates of authorisation issued in one Member
State shall be recognised by the other Member States.

4.           The Commission shall be
empowered to adopt delegated acts in accordance with Article 16, to complement
the requirements referred to in paragraph 2. These shall take the form of
technical characteristics, 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, the vehicles or combinations of vehicles equipped with
aerodynamic devices to the rear, which meet the requirements referred to in
paragraph 2 and were tested in accordance 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 combinations 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 aerodynamic 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
intermodal transport, in particular to ensure that the front of the cab

(i) makes vulnerable road users more visible 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 vehicles or vehicle
combinations in infrastructure and without imposing restrictions on the use of
vehicles in intermodal terminals,

- 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 combinations of
vehicles.

3.           Before they are put on the
market, the 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 State 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 accordance with Article 16. These take the form of
technical characteristics, minimum levels of performance, design constraints,
and procedures for the establishment of the test certificate indicating the
increase in aerodynamic performance referred 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 propulsion
must however comply with the limits set out in Annex I point 3: maximum
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 vehicles engaged in the transport of 45-foot containers or swap bodies, if
the road transport of the container or swap body is part of an intermodal
transport operation.

For the purposes of this Article, 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 and/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 there 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 loaded to the nearest appropriate seaport for the
initial leg, and/or where appropriate between the nearest appropriate seaport
and the point where the goods are unloaded for the final leg.

11)         Article 12 is replaced by
the following:

Article 12

1.           The Member States shall
establish a system 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 from the date of entry into force of this Directive, Member
States shall measure the weight of vehicles or combination of vehicles in
circulation. The purpose of these 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 installed in vehicles in line with
paragraph 6 below. The automatic systems must enable the identification of the
vehicles suspected of exceeding the maximum authorised weights. As these
automatic systems are only to be used for pre-selection 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 preselection measures equivalent to at least one weighing per
2 000 vehicle kilometres per year on average.

4.           Member States shall ensure
that the competent authorities exchange the information necessary to make these
checks more effective at EU level, and to facilitate their conduct, notably
through the national contact 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 Regulation
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 approved
measurement equipment after interception of the vehicle,

–
(ii) sending the transport company notification
of the suspected overloading of the vehicle,

–
(iii) inspection of the transport company 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 any 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 adopt delegated acts, in accordance with Article 16,
concerning:

–
 the additional technical specifications to
ensure full interoperability at Union level of the on-board weighing equipment
mentioned in paragraph 6 above, so that the authorities of all Member States
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 checks
referred to in paragraph 2 of this Article, the technical specifications,
precision 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
Member States, thereby ensuring equal treatment for all transporters throughout
the territory 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 maximum 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 penalty, if the national legislation provides for this type of
penalty;

3.           An overload of between 5
and 10 % of the 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 weight in points 2, 3, 4.1 and 4.3 of
Annex 1 shall be considered a serious infringement within the meaning of this
Directive. It shall give rise to a financial penalty and the immediate
immobilisation of the vehicle for unloading until it reaches the maximum
authorised weight,

5.           An overload of more than
20 % of the maximum 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 the increased risks incurred by other road users. This
shall give rise to an immediate immobilisation of the vehicle for unloading
until it reaches the maximum authorised weight, and to a financial penalty. The
procedure leading to the loss of good repute 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 less than 2% of the maximum dimensions indicated in point 1of Annex 1
shall give rise to a written warning to the transport company, which could give
rise to a penalty, if the national legislation provides for such a penalty.

7.           An excess length or excess
width of between 2 and 20% of the maximum dimensions indicated in point 1 of
Annex 1, either of the load 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 or
until the transport company 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 meaning 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 transport 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 Article 6 of
Regulation (EC) No 1071/2009.

9.           The financial penalties
referred 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 indicating the weight of the 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 carried out in the previous two calendar years, the
results of these checks and the penalties imposed on the offenders. The
Commission shall produce an analysis of these reports and send it to the
European Parliament and the Council in the second 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
delegated 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 Articles 8(4), 9(5) and 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 publication of the decision in the Official Journal
of the European Union or at a later date specified therein. 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.

5.           A delegated act adopted
pursuant 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 the expiry of that period, the European Parliament
and the Council have both informed the Commission 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-trailer 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 replaced by the following:

‘two-axle motor vehicles other 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
Commission 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
determine 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.

Article 4

This
Directive is addressed to the Member States.

Done at Brussels,

For the European Parliament                       For
the Council

The President                                                 The
President

[1]               OJ L 235, 17.09.1996, p. 59.

[2]               White Paper on Transport: Roadmap to a Single
European 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

[4]               OJ C , , p. .

[5]               OJ C , , p. .

[6]               COM (2011) 0144: -

[7]               COM(2010) 389

[8]               COM (2012) 258

[9]               OJ L 300, 14.11.2009, p. 51.

[10]             OJ L 263, 9.10.2007, p. 1.

[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

[13]             DSRC: Dedicated Short-Range Communications

[14]             OJ L300, 14.11.2009, p. 51.