WRITTEN QUESTION E-1101/01

by Mark Watts (PSE) to the Commission

(6 April 2001)

Subject: The need for a level playing field in the road haulage industry

Given that UK HGVs are subject to safety checks every six weeks, why are vehicles registered in Northern Ireland (part of the UK) and other Member States in the EU only subjecting their vehicles to equivalent checks every six months or less?

Why are vehicles weighed before they board ferries sailing from the UK (to avoid overloading), but not when sailing to the UK from ports such as Calais? Is this lack of checks prejudicing the safety of ships, crew and passengers?

In the UK, every tachograph is subject to regular and rigorous checks, in contrast to the practice in some other Member States where they are subject to random checks (for example Germany). What measures are planned to address this serious anomaly?

Answer given by Mrs de Palacio on behalf of the Commission

(19 June 2001)

The Commission fully shares the Honourable Member concern about safety and fair competition in road haulage. For this reason there are a number of Community Directives that apply to the road haulage sectors in all Member States. These Directives require vehicles and their equipment to be checked on a regular basis, but Member States may establish more onerous regimes for their own registered vehicles. Consequently, the United Kingdom or any other Member State could check the roadworthiness condition of Heavy Goods Vehicles (HGVs) or inspect the tachograph more frequently than the minimum required in the Directives.

However, the Honourable Member's question refers to practices in the United Kingdom that are not required in Community law. Indeed, in transposing the Community Directives within their national legislation, the United Kingdom has not opted for more frequent checks and inspections than the Directives require.

On the first point, Community law(1) requires that heavy goods vehicles in all Member States undertake a regulated roadworthiness inspection at least once every year. The Directive establishes minimum testing and inspection intervals leaving Member States the possibility to require more frequent testing of vehicles registered on their territory if they wish. Both the United Kingdom and Ireland's legislative requirements for checking HGVs are in compliance with the Directive, i.e. they both require annual roadworthiness inspections.

On the second point, there are no Community requirements that require vehicles to be weighed when boarding a ferry but it is the operators responsibility to ensure that their vehicles are within the statutory maximum weight limits and the ferry company's responsibility to ensure that their ferries are not overloaded. The Commission has no knowledge of an established link between maritime accidents and the overloading of lorries. It should also be noted that systematic controls of lorries at internal Community frontiers are not permitted(2).

Concerning the third point on tachograph checks, Community legislation(3) defines the content of checks at installation or repair and minimum frequency for periodic inspection and sets minimum standards during road side checks and in transport companies. In the context of Directive 88/599/EEC, the Commission produces a biennial report(4) on the level of compliance on the basis of information provided by the Member States. Such reports do not show particular discrepancies in the level of compliance as reported by the individual Member States.

(1) 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 (OJ L 46, 17.2.1997).

(2) Council Regulation (EEC) No 4060/89 of 21 December 1989 on the elimination of controls performed at the frontiers of Member States in the field of road and inland waterway transport (OJ L 390, 30.12.1989) and Council Regulation (EEC) No 3912/92 of 17 December 1992 on controls carried out within the Community in the field of road and inland waterway transport in respect of means of transport registered or put into circulation in a third country (OJ L 395, 31.12.1992).

(3) Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport (article 12 and Annex I Chapter VI), (OJ L 370, 31.12.1985) and Council Directive 88/599/EEC of 23 November 1988 on standard checking procedures for the implementation of Regulation (EEC) No 3820/85 on the harmonization of certain social legislation relating to road transport and Regulation (EEC) No 3821/85 on recording equipment in road transport (OJ L 325, 29.11.1988).

(4) COM(2000) 84 final.