WRITTEN QUESTION E-0690/03

by Antonios Trakatellis (PPE-DE) to the Commission

(7 March 2003)

Subject: Accident at the bridge over the river Aliakmona

A fatal accident occurred at the bridge over the river Aliakmona in Greece in which 15 persons died. Regardless of the causes of the accident, it is reported that, under a law of the Ministry of Transport and Communications, KTEL buses have to be withdrawn from circulation after 23 years of service at the very latest. However, 75 % of the 4 100 or so KTEL buses operating throughout Greece are over 15 years old and no further training is provided for KTEL drivers to help them cope with difficult weather conditions or unforeseen circumstances.

Bearing in mind the above, will the Commission say:

1. Is the above Greek law in line with Community legislation?

2. Does uniform legislation exist concerning public transport in the European Union and, if so, is Greek legislation in line with this legislation?

3. What are the existing criteria regarding drivers of public transport in Greece and what training do they receive? What should these criteria and training consist of? What does the Commission intend to do about this?

4. Is all public transport fitted with safety belts and, if so, is compliance strictly monitored?

Answer given by Mrs de Palacio on behalf of the Commission

(23 April 2003)

There are no age related limits in Community law concerning vehicles in circulation. However, coaches and other heavy commercial vehicles are subject to and must pass annual roadworthiness inspections as required by 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).

Community legislation on driving times and rest periods (Regulation (EEC) No 3820/85)(2) applies to vehicles used for the carriage of passengers, which by virtue of their construction and equipment are suitable for carrying more

than nine persons. Those vehicles used for journeys of less than 50 kilometres (km) (essentially local or urban public transport) are exempted. The Regulation is directly applicable in Member States and therefore should there be any discrepancy with Member States implementing legislation, its measures take precedence.

Two fields of Community legislation have to be taken into account: driver licensing and training of professional drivers. With regard to driver licensing, Annex II of Council Directive 91/439/EEC of 29 July 1991 on driving licenses(3) lays down the minimum requirements for theory and practical tests which are conditions for issuing a driving licence. This Annex has been completely reviewed by Commission Directive 2000/56/EC of 14 September 2000 amending Directive 91/439/EEC(4), raising considerably these minimum requirements. This Directive includes very detailed requirements concerning the contents of both tests as well as their assessment and will have to be transposed into national legislation by the Member States on 30 September 2003.

With regard to the training of professional drivers, Regulation (EEC) No 3820/85 allows drivers to carry passengers within a 50 km radius from the place where the vehicle is normally based without any professional training. Even those drivers who carry passengers beyond a 50 km radius will in many cases not receive any professional competence training as the above mentioned Regulation allows them simply to have experience in transport of goods or on small passenger carrying vehicles for which training is not compulsory.

In order to overcome this flagrant lack of training of professional drivers, the Commission submitted, on 2 February 2001, to the Parliament and to the Council a proposal for a Directive on the training of professional drivers for the carriage of goods or passengers by road(5). The Commission proposed to make compulsory initial and continuous training for all professional drivers. This proposal contains a detailed syllabus of subjects that should be covered, including the ability to ensure passenger comfort and safety, vehicle loading and assessing emergency situations. The Commission is looking forward to a swift adoption by Parliament and Council later this year.

Council Directives 77/541/EEC of 28 June 1977(6), 76/115/EEC of 18 December 1975(7) and 74/408/EEC of 22 July 1974(8) lay down European standards for safety belts, their anchorages and compatible seats for all categories of vehicles. These Directives are optional with respect to vehicles designed and constructed for the carriage of goods and for the carriage of more than eight passengers (driver not included). That means that Member States may choose to oblige new vehicles registered on their territory to comply with the Directives. However, it should be underlined that many coach and minibus operators are already opting to fit safety belts on new coaches.

In the framework of its Road Safety Action Plan, the Commission is considering the obligation to install safety belts in all commercial vehicles, in coaches more specifically. Its services are preparing an amending Directive to Directive 77/541/EEC with a view to imposing the fitting of safety belts in new commercial vehicle types as from 1 January 2004. However, freedom will be given to Member States to require fitting of safety belts with respect to city buses intended for public transport.

Furthermore, the Commission has just gained approval for an adaptation to the seat belt wearing Directive (Council Directive 91/671/EC of 16 December 1991)(9) which requires all occupants of whatever motor vehicle to wear the seat belts provided, and that included coaches. The Directive is due to come into force in 2006.

(1) OJ L 46, 17.2.1997.

(2) Council Regulation (EEC) No 3820/85 of 20 December 1985 on the harmonisation of certain social legislation relating to road transport, OJ L 370, 31.12.1985.

(3) OJ L 237, 24.8.1991.

(4) OJ L 237, 21.9.2000.

(5) OJ C 154 E, 29.5.2001.

(6) OJ L 220, 29.8.1977.

(7) OJ L 24, 30.1.1976.

(8) OJ L 221, 12.8.1974.

(9) OJ L 373, 31.12.1991.