WRITTEN QUESTION E-1891/00

by Carlos Coelho (PPE-DE) to the Commission

(16 June 2000)

Subject: Freedom of movement, road safety, driving rules and compulsory national provisions within the European area

There have been a number of complaints from Portuguese motorists whose experiences, when driving on different European roads either as tourists or part of their job have made them aware of the enormous disparities between the various European Union countries' legal provisions on driving and compulsory equipment for cars.

It would appear to be possible for a Portuguese driver undertaking a trip through Europe to find himself fined on entering Spain for not carrying a spare set of bulbs for his headlights (something which is not obligatory in Portugal), and on entering Germany, to be fined for not carrying a first-aid box (likewise not compulsory in Portugal), and so forth.

If all European drivers travelling within the European Union are to heed the various national regulations on driving and equipment which are also applicable to non-residents, should there not be some kind of campaign to inform and educate these drivers, independently of the Member State in which they reside?

Given that it might prove extremely difficult to harmonise the existing national provisions of the Member States, would it not be possible in the meantime to reach agreement at least on what equipment must compulsorily be carried on board the vehicle?

What does the Commission think should be done at the level of road safety and freedom of movement for Community citizens? Should there be more information or harmonisation of legal requirements? What steps could the Commission take in this area?

Answer given by Mrs de Palacio on behalf of the Commission

(31 July 2000)

There are common rules for road traffic throughout the Community and, provided those rules are adhered to, then free circulation should be guaranteed. Those rules relate to the driver's competence to drive (the driving licence legislative requirements are contained in Council Directive 91/439/EEC)(1); the roadworthiness of the vehicle (Council Directive 96/96/EC)(2); for heavy commercial vehicles, their maximum weights and dimensions (Council Directive 96/53/EC)(3); the necessity for the driver

and occupants to wear their seat belts (Council Directive 91/671/EEC)(4) and the United Nations Economic Commission for Europe (UN-ECE) Convention on road traffic, of 8 November 1968 (known as the Vienna Convention). The Vienna Convention establishes broad guidelines on free circulation for international traffic and in its Annex 5: Technical conditions concerning motor vehicles and trailers stipulates that:

Any Contracting Party may, with respect to motor vehicles which it registers and to trailers which it allows on the road under its domestic legislation, lay down rules which supplement, or are stricter than, the provisions of this annex.

Thus Member States may require that vehicles registered on their own territory carry equipment such as first-aid kits, fire extinguishers or spare light bulbs.

The Vienna Convention also stipulates that:

All vehicles in international traffic must meet the technical requirements in force in their country of registration when they first entered into service.

Therefore, a Member State may not require that a vehicle registered in another Member State shall carry equipment that is not mandatory in the Member State where the vehicle is registered. Consequently, in the example quoted by the Honourable Member, Portuguese vehicles do not have to be equipped with spare light bulbs when travelling in Spain or first aid kits when in Germany, and accordingly fines should not be levied on foreign drivers who do not comply with such national requirements.

So far, it as not been found necessary to harmonise further the various national road traffic rules regarding the provision of ancillary equipment, and Member States have not requested such harmonisation.

(1) OJ L 237, 24.8.1991.

(2) OJ L 46, 17.2.1997.

(3) OJ L 235, 17.9.1996.

(4) OJ L 373, 31.12.1991.