WRITTEN QUESTION E-1227/03

by Anne Jensen (ELDR) to the Commission

(2 April 2003)

Subject: Periodic inspection of motor vehicles for the conveyance of passengers

It is surprising that it was deemed necessary for the EU to draw up rules governing the periodic inspection of motor vehicles for the conveyance of passengers. Does the Commission consider that regulation in this area, with all the bureaucracy and inconvenience that it has entailed not least in Denmark is in proportion to the impact of the directive?

What results have been achieved by Directive 91/328/EEC(1) (subsequently amended by Directive 96/96/EEC(2)), which requires Member States to carry out periodic inspections of motor vehicles used for the conveyance of passengers? Could not such regulation have been carried out just as well at national level in the light of Article 5 of the EC Treaty concerning the subsidiarity principle?

(1) OJ L 178, 6.7.1991, p. 29.

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

Answer given by Mrs de Palacio on behalf of the Commission

(12 May 2003)

As the question correctly identifies, legislation that stipulates the in-use standards that vehicles should attain before they can circulate within the Union is governed by Directive 96/96/EC of 20 December 1996 on the approximation of the laws of the Member States relating to roadworthiness tests for motor vehicle and their trailers(1). The Community's Roadworthiness policy was framed over twenty-five years ago (framework Directive 77/143/EEC of 29 December 1976(2)) and originally only included trucks, buses, taxis and ambulances within its scope. The original directive has been modified nine times and now includes the inspection of passenger cars and light vans within its scope and also gives detailed requirements for the testing of vehicle brakes and exhaust emissions.

The Commission decided to include passenger cars within the scope of the roadworthiness Directive following a study made by the German vehicle inspection institute (TUV Rhineland) that estimated that around 5 % of car crashes in the Community were the direct result of poor maintenance, mostly due to poor brakes, tyres and lights. This study complemented other studies make by the Netherlands, Finland, Sweden and the United Kingdom.

When the original roadworthiness Directive was expanded to include passenger car testing (Directive 91/328/EEC of 21 June 1991(3)) there was considerable discussion with Member States' representatives within the Council and within the Parliament on the scope and detail of that Directive. The final Directive that requires cars to be inspected for their roadworthiness when they are four years old and then every two years thereafter as a minimum, was a reduction in severity from the Commission's original proposal which was for testing once the car was three years old and then every subsequent year. In fact, the periodicity for passenger car testing was made the same as for light commercial vehicles.

Over the past decade there has been significant advances in vehicle construction standards. Also, vehicles are becoming more reliable and there may be potential for the law of diminishing returns on what traditional vehicle inspection can deliver. On the other hand, the reliability of these electronically based systems once the vehicle has been in service for some time could compromise road safety and environmental benefits.

The Commission is considering how roadworthiness testing requirements can evolve for the future. To assist in its analysis, the Commission is to launch later in 2003 an open tender study contract with the title: Assessment of future roadworthiness enforcement options for road vehicles taking full account of the complexity of current vehicle safety and environmental control systems and their expected developments for the future and other developments such as mutual recognition and the possibility of self certification in some circumstances.

(1) OJ L 46, 17.2.1997.

(2) OJ L 47, 18.2.1977.

(3) OJ L 178, 6.7.1991.