WRITTEN QUESTION E-2031/02

by Emilia Müller (PPE-DE) to the Commission

(9 July 2002)

Subject: Long-distance buses that exceed weight restrictions

A German bus operator bought a long-distance vehicle in 2000.

In 2002 the bus was weighed for the first time on a journey within Europe. The subject of overall weight had never been brought up before. There had never before been any reason to doubt the manufacturer's and Technical Inspection Authority (TÜV) specifications contained in the vehicle registration document.

It came to light retrospectively, however, that a weight of only 68 kg per person was allowed, without any allowance for luggage or the necessary useful load.

The 18-tonne total weight would have been reached with only about 30 passengers, although the vehicle is licensed to carry 49 people. A larger number of passengers would mean that the weight limit had been exceeded, which would entail waiting for several hours at weigh stations, procuring a vehicle to transport the excess luggage, fines and loss of insurance cover.

Therefore:

1. Is it justified to fine a bus company when there is in fact an error in the specifications given in the vehicle registration document and by the Technical Inspection Authority?

2. Is it possible to raise the axle loads and overall weight of buses at European level?

3. If so, what exactly can be done at European level to avoid such incidents in future?

4. What does the Commission recommend the bus operator to do in this case?

Answer given by Mrs de Palacio on behalf of the Commission

(27 August 2002)

Council Directive 96/53/EC(1) 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, has fixed 18 tonnes (t) as the maximum weight for two-axle motor vehicles (annex I, item 2.3.1) guaranteeing them free circulation within the Union. The fact that the coach was type-approved in Germany for the transport of maximum 49 passengers (probably without luggage) did not dispense indeed the operator from respecting the maximum weights imposed by the above mentioned Directive for international traffic.

An increase of the total weight or the axle weight maxima for coaches at European level would require an amendment to this Directive. However, this is not envisaged for the moment. Indeed, the whereas clause No(5) of Directive 2002/7/EC(2) of the Parliament and of the Council of 18 February 2002, amending Council Directive 96/53/EC regarding the maximum dimensions of buses, states clearly that harmonised rules on maximum weights and dimensions of vehicles should remain stable in the long term.

Concerning the type-approval of coaches it can be noticed that to date, indeed different technical requirements exist in the Member States; however, this does not mean that the rules contained in Directive 96/53/EC can be supersede. Furthermore, in the near future the entering into force of Directive 2001/85/EC(3) as from 13 February 2004, will introduce, regarding new types of vehicles, a Community type-approval. Nevertheless, these harmonised provisions too will in no case supersede the obligations resulting from Directive 96/53/EC.

(1) OJ L 235, 17.9.1996.

(2) OJ L 67, 9.3.2002.

(3) Directive 2001/85/EC of the Parliament and of the Council of 20 November 2001 relating to special provisions for vehicles used for the carriage of passengers comprising more than eight seats in addition to the driver's seat OJ L 42, 13.2.2002.