Proposal for a Council Directive on the roadside inspection of the roadworthiness of commercial vehicles circulating in the Community (98/C 190/09) (Text with EEA relevance) COM(1998) 117 final - 98/0097(SYN)

(Submitted by the Commission on 19 May 1998)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular points (c) and (d) of Article 75(1) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the Economic and Social Committee,

Acting in accordance with the procedure laid down in Article 189c of the Treaty in cooperation with the European Parliament,

(1) Whereas the growth of traffic presents all Member States with road safety and environmental problems of a similar nature and seriousness;

(2) Whereas it is in the interests of road safety, environmental protection and equitable competition that commercial vehicles should be operated only if they are maintained to a high degree of roadworthiness;

(3) Whereas roadside inspections should be carried out without discrimination on grounds of the nationality of the driver or of the country of registration of the commercial vehicle;

(4) Whereas checks on the roadworthiness of commercial vehicles, in accordance with Council Directive 96/96/EC of 20 December 1996 on the approximation of the laws of the Member States relating to roadworthiness tests for motor vehicles and their trailers (1), ensure that these vehicles undergo an inspection by an authorised body every year;

(5) Whereas the regulated annual roadworthiness test is considered not to be sufficient to guarantee that those vehicles tested are in a roadworthy condition throughout the year;

(6) Whereas effective enforcement through targeted additional roadside inspection is an important and cost-effective measure to control the standard of maintenance of commercial vehicles on the road;

(7) Whereas, in accordance with the subsidiarity and proportionality principles as set out in Article 3b of the Treaty, the objectives of the proposed action, namely to establish a regime of roadside inspections of commercial vehicles circulating in the Community, cannot be sufficiently achieved by the Member States and can, therefore, by reason of the scale of the action be better achieved by the Community; whereas this Directive confines itself to the minimum required in order to achieve those objectives and does not go beyond what is necessary for that purpose;

(8) Whereas the method of inspection selection should be based on a targeted, staged approach giving the greatest effort to identifying vehicles that seem most likely to be poorly maintained and thereby enhancing the authorities' operational effectiveness and minimising the costs and delays to drivers and operators;

(9) Whereas the Council, in the context of the discussions of the Auto Oil Programme, has invited the Commission to present proposals which would ensure the simultaneous applicability of Directives on vehicle type-approval standards, fuel quality and on technical controls;

(10) Whereas in the event of serious and repeated infringements, it should be possible for the competent authorities of the Member State in which the vehicle is registered or in which the relevant undertaking is established to be requested to take appropriate measures; whereas those authorities should inform the Member state making such request of any follow-up measures taken;

(11) Whereas each Member State should determine the penalties to be imposed in the event of an infringement of the provisions adopted for the implementation of this Directive,

HAS ADOPTED THIS DIRECTIVE:

Article 1

1. This Directive establishes a regime of roadside inspections of the roadworthiness of commercial vehicles circulating in the Community.

2. This Directive shall not affect the Member States' right, due regard being had to Community law, to carry out checks on vehicles not covered by this Directive.

Article 2

For the purpose of this Directive:

(a) 'commercial vehicle` shall mean those motor vehicles and trailers as defined in categories 1, 2 and 3 of Annex I to Directive 96/96/EC.

(b) 'roadside inspection` shall mean an unscheduled, and therefore unexpected inspection of a commercial vehicle circulating on the territory of a Member State carried out by the authorities at the roadside or wherever the authorities see fit.

(c) 'roadworthiness test` is a test of the vehicle's roadworthiness as provided by Annex I to Directive 96/96/EC.

Article 3

1. The first stage of the roadside inspection shall be the visual assessment by a trained vehicle examiner of the maintenance condition of the commercial vehicle as it passes on the road.

2. Where, in the first stage, there is suspicion that the commercial vehicle is inadequately maintained then the second stage shall be a cursory inspection of the stationary vehicle which includes a check of its roadworthiness documentation, and in particular of proof that the commercial vehicle has undergone its statutory roadworthiness test in accordance with Article 2 of Directive 96/96/EC, or proof under Article 3(1) of Directive 96/96/EC that the commercial vehicle has undergone another recent roadside inspection.

3. Where documentation does not provide adequate assurance that the vehicle is well maintained or if the examiner still suspects that the commercial vehicle is unroadworthy, then the inspection proceeds to a third stage, in accordance with Annex II to this Directive.

Article 4

1. Member States shall organise appropriate and frequent roadside inspections covering, each year, a large and representative cross-section of commercial vehicles of all categories falling within the scope of this Directive.

2. Roadside checks shall cover a sufficiently representative part of the road network for the checks to be effective.

3. Roadside inspections shall be carried out without discrimination as to the nationality of the driver or the country of registration of the commercial vehicle.

4. Member States shall communicate to the Commission every two years the number of commercial vehicles checked, categorised by type and country of registration, including data on the reasons for failure.

Article 5

1. In order to carry out the roadside inspections provided for in this Directive, the Member States shall use the checklist in Annex I. A copy of this checklist drawn up by the authority which has carried out the inspection or a certificate showing the result of the regular roadworthiness inspection as required by Directive 96/96/EC shall be given to the driver of the commercial vehicle and presented on request in order to simplify or avoid subsequent roadside inspections within a short and unreasonable time period thereafter.

2. If the vehicle examiner considers that the deficiency in the maintenance of the commercial vehicle justifies further examination, the commercial vehicle may be subjected to a roadworthiness test at an approved testing centre in accordance with Article 2 of Directive 96/96/EC.

If the consequence of the roadside inspection is that the commercial vehicle does not comply with Annex II or fails any subsequent roadworthiness test at an approved testing centre in accordance with Article 2 of Directive 96/96/EC and is therefore considered to present a serious risk to its occupants or other road users, then the commercial vehicle may be banned immediately from use on public roads.

Article 6

1. Member States shall assist one another in the application of this Directive.

2. Serious or repeated deficiencies of vehicles of non-residents shall be reported to the competent authorities in the Member States in which the commercial vehicle is registered or in which the undertaking is established.

The competent authorities of the Member State which have recorded serious or repeated deficiencies of vehicles of non-residents may ask the competent authorities of the Member State in which the commercial vehicle is registered or in which the undertaking is established for appropriate measures to be taken with regard to the offender or offenders.

The latter competent authorities shall notify the competent authorities of the Member State which recorded the commercial vehicle's deficiencies, of any measures taken with regard to the offender or offenders.

Article 7

The Commission shall adopt any amendments which are needed for adapting the technical standards defined in Annex II to technical progress in accordance with the procedure laid down in Article 8.

Article 8

The Commission shall be assisted by the Committee on the Adaptation to Technical Progress of the Directive on roadworthiness tests for motor vehicles and their trailers, hereinafter referred to as 'the Committee`.

The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft, within a time limit which the chairman may lay down according to the urgency of the matter, if necessary by taking a vote.

The opinion shall be recorded in the minutes; in addition, each Member State shall have the right to ask to have its position recorded in the minutes.

The Commission shall take the utmost account of the opinion delivered by the Committee. It shall inform the Commission of the manner in which its opinion has been taken into account.

Article 9

Member States shall determine the penalties applicable to infringements of this Directive and shall take all necessary measures to ensure that they are enforced. The penalties thus provided for shall be effective, proportionate and dissuasive. The Member States shall notify the Commission of those measures no later than the date specified in the first subparagraph of Article 10(1) and shall notify it of any amendments to them without delay.

Article 10

1. Member States shall adopt and publish, by 31 December 1998, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith inform the Commission thereof.

When Member States adopt these provisions, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.

Member States shall apply these provisions from 1 July 1999.

2. Member States shall communicate to the Commission the texts of the provisions of national law which they adopt in the field governed by this Directive.

Article 11

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Communities.

Article 12

This Directive is addressed to the Member States.

(1) OJ L 46, 17.2.1997, p. 1.

ANNEX I

CHECKLIST

>START OF GRAPHIC>

1. Place of check ..........

2. Date ..........

3. Time ..........

4. Vehicle nationality mark and registration number ..........

5. Trailer/semi-trailer nationality mark and

registration number ..........

6. Class of vehicle

Lorry (more than 12 tonnes) (1)

Road train (2)

Articulated vehicle with platform (3)

Coach (4)

Mini bus (5) Light goods vehicle (3,5-12 tonnes) (6)

7. Undertaking carrying out transport/address ..........

..........

8. Nationality ..........

9. Driver ..........

10. Consignor, address, place of loading ..........

..........

11. Consignee, address, place of unloading ..........

..........

12. Gross mass of unit ..........

13. Reason for failure:

- braking system and components

- steering linkages

- lamps, lighting and signalling devices

- wheels/hubs/tyres

- exhaust system

- smoke opacity (diesel)

- gaseous emissions (petrol)

Vehicle specifications in accordance with Directive 70/156/EEC, Annex IIA:

(1) Motor vehicles with at least four wheels and used for the carriage of goods and having a maximum mass exceeding 12 tonnes (category N3).

(2) Combination of motor vehicles used for the carriage of goods and having a maximum mass exceeding 3,5 tonnes (categories N2, N3) with trailers (category O).

(3) Towing vehicle designed to be coupled to a semi-trailer.

(4) Motor vehicle with at least four wheels used for the carriage of passengers, comprising more than eight seats in addition to the driver's seat (categories M2, M3).

(5) Motor vehicles with at least four wheels used for the carriage of passengers, comprising (more than five but) no more than eight seats in addition to the driver's seat (category M1).

(6) Motor vehicles with at least four wheels and used for the carriage of goods and having a maximum mass exceeding 3,5 tonnes but not exceeding 12 tonnes (category N2).

14. Miscellaneous/remarks

15. Authority/officer having carried out the inspection

16. Result of inspection:

- pass

- passed with minor defects

- serious defects

- immediate prohibition

Signature of testing inspector/Authorisation>END OF GRAPHIC>

ANNEX II

TECHNICAL STANDARDS OF THE ROADSIDE CHECK

Commercial vehicles as defined in Article 2 shall be maintained in such a condition that can be deemed as roadworthy by the inspection authorities.

The items that shall be inspected will include those that are considered to be important for the safe and clean operation of the vehicle. As well as simple functional checks (lighting, signalling, tyre condition, etc.), specific tests and/or inspections shall be carried out on the vehicle's brakes and the motor vehicle's emissions in the following manner:

1. Brakes

It is required that every part of the braking system and its means of operation shall be maintained in good and efficient working order and be properly adjusted.

The vehicle's brakes shall be capable of performing the following three braking functions:

(a) For motor vehicles and their trailers and semi-trailers, a service brake capable of slowing down the vehicle and of stopping it safely, rapidly and efficiently, whatever its conditions of loading and whatever the upward or downward gradient of the road on which it is moving;

(b) For motor vehicles and their trailers and semi-trailers, a parking brake capable of holding the vehicle stationary, whatever its condition of loading, on a noticeable upward or downward gradient, the operative surfaces of the brake being held in the braking position by a device whose action is purely mechanical;

(c) For motor vehicles, a secondary (emergency) brake capable of slowing down and stopping the vehicle, whatever its condition of loading, within a reasonable distance, even in the event of failure of the service brake.

Where the maintenance condition of the vehicle is in doubt then the inspection authorities may test the vehicle's braking performance in accordance with some or all of the provisions of Directive 96/96/EC, Annex II, item 1.

2. Exhaust emissions

2.1. Exhaust emission

2.1.1. Motor vehicles equipped with positive-ignition (petrol) engines

(a) Where the exhaust emissions are not controlled by an advanced emission control system such as a three-way catalytic converter which is lambda-probe controlled:

1. Visual inspection of the exhaust system in order to check that there is no leakage.

2. If appropriate, visual inspection of the emission control system in order to check that the required equipment has been fitted.

After a reasonable period of engine conditioning (taking account of the vehicle manufacturer's recommendations) the carbon monoxide (CO) content of the exhaust gases is measured when the engine is idling (no load).

The maximum permissible CO content in the exhaust gases is that stated by the vehicle's manufacturer. Where this information is not available or where Member States' competent authorities decide not to use it as a reference value, the CO content must not exceed the following:

- for vehicles registered or put into service for the first time between the date from which Member States required the vehicles to comply with Directive 70/220/EEC (1) and 1 October 1986: CO - 4,5 % vol;

- for vehicles registered or put into service for the first time after 1 October 1986: CO - 3,5 % vol.

(b) Where the exhaust emissions are controlled by an advanced emission control system such as a three-way catalytic converter which is lambda-probe controlled:

1. Visual inspection of the exhaust system in order to check that there are no leakages and that all parts are complete.

2. Visual inspection of the emission control system in order to check that the required equipment has been fitted.

3. Determination of the efficiency of the vehicle's emission control system - by measuring the lambda value and the CO content of the exhaust gases in accordance with section 4 or with the procedures proposed by the manufacturers and approved at the time of type-approval. For each of the tests, the engine is conditioned in accordance with the vehicle manufacturer's recommendations.

4. Exhaust pipe emissions - limit values

- Measurement at engine idling speed:

The maximum permissible CO content in the exhaust gases is that stated by the vehicle's manufacturer. Where this information is not available, the maximum CO content must not exceed 0,5 % vol.

- Measurement at high idle speed, engine speed to be at least 2 000 min-1:

CO content: maximum 0,3 % vol.

Lambda: 1 = 0,03 in accordance with the manufacturer's specifications.

2.1.2. Motor vehicles equipped with compression ignition (diesel) engines

Measurement of exhaust gas opacity with free acceleration (no load from idling up to cut-off speed). The level of concentration must not exceed the level recorded on the plate pursuant to Directive 72/306/EEC (2). Where this information is not available or where Member States' competent authorities decide not to use it as a reference, the limit values of the coefficient of absorption are as follows:

Maximum coefficient of absorption for:

- naturally aspirated diesel engines = 2,5 m-1

- turbo-charged diesel engines: 3,0 m-1

or equivalent values where use is made of equipment of a type different from that used for EC type-approval.

Vehicles registered or put into service for the first time before 1 January 1980 are exempted from these requirements.

2.1.3. Test equipment

Vehicle emissions are tested using equipment designed to establish accurately whether the limit values prescribed or indicated by the manufacturer have been complied with.

2.2. Where appropriate, a check on the correct functioning of the On-Board Diagnostic (OBD) emission monitoring system.

(1) Council Directive 70/220/EEC of 20 March 1970 on the approximation of the laws of the Member States relating to measures to be taken against air pollution by emissions from motor vehicles (OJ L 76, 9.3.1970, p. 1) and corrigendum (OJ L 81, 11.4.1970, p. 15).

(2) Council Directive 72/306/EEC of 2 August 1972 on the approximation of the laws of the Member States relating to the measures to be taken against the emission of pollutants from diesel engines for use in vehicles (OJ L 190, 20.8.1972, p. 1).