Proposal for a Council Directive on the roadside inspection of the roadworthiness of commercial vehicles circulating in the Community
Date: 1998-03-11
Institutions: European Commission
Subjects: commercial vehicle, road safety, road transport, roadworthiness tests, transport regulations

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 11.03.1998 
COM(1998) 117  final 

98/0097 (SYN) 

Proposal for a 
COUNCIL DIRECTIVE 
on the roadside inspection of the roadworthiness of commercial vehicles 
circulating in the Community 

(presented by the Commission) 

EXPLANATORY  MEMORANDUM 

A.  GENERAL 

1. 

Introduction 

This  proposal  concerns  a  legal  framework  for  the  roadside  inspection  of  commercial 
vehicles,  both  passenger  and  freight  carriage,  and  has  as  its  primary  objective  the 
enhancement  of  safety  and  environmental  protection  in  road  transport  within  the 
Community.  It also  aims  at the  creation  of  a level  playing  field  regarding  the quality  of 
the  Community  by 
maintenance  of  the  commercial  vehicles  circulating  within 
discouraging  irresponsible  operators from attempting  to gain  a competitive  advantage  by 
operating  inadequately  maintained  vehicles.  These  practices  currently  undermine  the 
creation  of  equitable  conditions  of  competition  in  the  internal  road  haulage  market,  a 
situation that is likely to be aggravated by the advent of full  liberalization on  1  July  1998. 
There is, therefore, clearly a case for Community intervention to address this problem. 

The scope of the proposal does not include passenger cars. This category of vehicle may 
be  the  subject  of  a  later  amendment  after  appraisal  in  the  framework  of  the  current 
Auto-Oil II Programme (see point 6). 

The adoption  of Directive  96/96/EC1  has  already  ensured  that  commercial  road  vehicles 
(other  than  car  derivatives)  undergo  annual  roadworthiness  inspection  in  testing  centres. 
However,  given the increasing  international  nature  of commercial  vehicle  operation,  and 
that  many  of  the  heaviest  vehicles  travelling  150  000  km/year  or  more,  an  annual 
inspection  is unlikely  to provide  sufficient  assurance  that  commercial  vehicles  operating 
on  Community  territory  do  so  with  an  acceptable  standard  of  maintenance  throughout 
the year. 

Clearly,  it  is  in  the  interests  of  road  safety,  environmental  protection  and  equitable 
competition  that  all  vehicles  are  only  operated  if  they  are  maintained  to  a  high  degree 
of roadworthiness. 

The proposal  requires  Member  States to  supplement  the  annual roadworthiness  test  with 
unexpected  inspections  of a representative proportion  of the commercial  vehicle  fleet  on 
their  roads  each  year.  These  inspections  can  be  carried  out  at  the  roadside,  at  ports,  at -
other 
locations  where  vehicles  are  parked  or,  more  frequently  in  the  case  of 
Public Service Vehicles (PSVs), at operators' premises. 

The proposal  does not  specify  the number  of vehicles  or the proportion  of  the  fleet  that 
Member  States  will  need  to  inspect.  This  is because  the  fleet  of  vehicles  circulating  on 
the roads varies between Member States (the fleet being made up of vehicles registered  in 
the  Member  State, vehicles  from  other  Member  States  and  those  from  third  countries). 
Also,  the  frequency  and  intensity  of  the  regular  roadworthiness  tests  vary  between 
Member  States  and  any other national  initiatives, such  as roadside  inspections  and  other 
controls, will affect  the general quality of maintenance of the vehicles on their roads. 

OJL46,  17.2.1977, p. 1. 

It  must  therefore  be  the  responsibility  of  Member  States  to  determine  the  scale  of  the 
roadside  inspection  programme  bearing  in  mind  that  it  should  relate  to  the  average 
maintenance standard of the commercial vehicles on its roads. 

2.  Method of roadside  inspection 

Targeting  operators  with  a  poor  maintenance  record  and  visual  screening  of  vehicles 
(lights not working, bald tyres, excessive  smoke) will give a high "success rate" and will 
help to ensure that public resources are used to their greatest  effect. 

It  will  be  important  to  ensure  that  roadside  inspections  are  carried  out  without 
discrimination  on grounds of the nationality of the driver or of the country of registration 
of the commercial  vehicle. The Commission  Services will review the  comprehensiveness 
and  character  of  Member  States'  roadside  inspection  practices  through  the  biannually 
reports submitted by Member States. 

This proposal therefore, prescribes a three-stage approach to roadside inspection: 

1. 

2. 

3. 

The  first  stage  is  the  visual  inspection  by  a  trained  vehicle  examiner  of  the 
maintenance  condition  of  the  vehicle  passing  on  the  road.  The  vehicle  examiner 
would  need  to  suspect  that  the  vehicle  is  inadequately  maintained  before 
proceeding to the second stage; 

The  second  stage  involves  a  cursory  inspection  of  the  stationary  vehicle  which 
includes  a check  on roadworthiness  documentation  (i.e. proof  that  the  vehicle  had 
undergone  its  statutory  roadworthiness  test  in  accordance  with  Article  3(1)  of 
Directive  96/96/EC  or  had  undergone  a roadside  inspection).  If  the  examiner  still 
suspects  that  the  vehicle  is  unroadworthy,  then  the  inspection  proceeds  to  a 
third stage; 

The  vehicle  is  examined  at  the  roadside  for  maintenance  irregularities  such  as: 
excessive  smoke  opacity,  bald  or  damaged  tyres,  inoperable  lights  and  signalling 
devices,  speed  limiter  malfunction  (by  checking  the  tachograph)  and,  as  far  as  is 
practical, inadequate braking. If there is continued  doubt or where the extent  of the 
maintenance  deficiency  needs  further  quantification,  the  vehicle  may  be  further 
inspected and assessed at a roadworthiness test centre. 

If,  following  the  roadworthiness  inspection,  the  vehicle  does  not  comply  with  the 
standard of roadworthiness stipulated in the proposal's technical annex, and is considered 
to present  a serious  risk  to  its occupants  or other  road  users, the  vehicle  may be  banned 
immediately from use on the public roads. 

Roadside  inspections  on  the  maintenance  condition  of  commercial  vehicles  can  be 
combined  with  other  road  traffic  enforcement  checks,  such  as  those  concerning  drivers 
hours,  weights  and  dimensions,  vehicle  circulation  taxation,  driver  licence/access  to  the 
profession  requirements,  etc. Therefore,  the  overall  cost  to  the  vehicle  operator  and  the 
authorities can be shared with other enforcement  programmes. 

3. 

The case for roadside inspections of commercial  vehicles 

The  objective  of  improving  the  quality  of  in-year  maintenance  could  also  be  met  to  a 
certain  degree  by  increasing  the  frequency  of  statutory  testing,  for  example  to  two  or 
three times  a year.  This would  still  not  guarantee  that  operators  maintained  standards  in 
between  tests  but  it  could  in  most  cases  be  expected  to  result  in  higher  levels  of 
compliance.  However,  the  additional  burden  to  both  the  authorities  and  the  operating 
industry  would  be  considerable  and  would,  most  probably,  outweigh  the  potential 
benefits.  Furthermore,  such  an  approach  would  unduly  and  unnecessarily  penalize 
responsible operators. 

A  programme  of  roadside  inspections,  on  the  other  hand,  can  be  introduced  at 
significantly  lower costs but with the important  added benefit  of targeting vehicles which 
are in  active  use rather  than those which have been prepared  for  the annual  test."  Some 
unscrupulous  operators  are  known  to  fit  new  tyres,  reset  the  speed  limiter,  or  fill  the 
motor vehicle with  low  sulphur  fuel  ("clean  diesel")  in order to pass  the  roadworthiness 
test,  only  to revert  the vehicle  to  its poorly  maintained  and  illegal  state  after  receiving  a 
satisfactory  roadworthiness  certificate.  Other  operators  treat  the  annual  test  as  a  cheap 
maintenance  assessment.  Unscheduled  and therefore,  as far  as the operator  is  concerned, 
unexpected,  roadside  or  fleet  spot  checks  act  as  an  incentive  for  enhanced  maintenance 
and will help discourage irresponsible operator practices. 

This  consideration  is  supported  by  an  analysis  of  a  recent  targeted  police  coordinated 
check  in the UK (although not the only Member  State to carry out roadside  inspections). 
Over  6 000 HGVs  were  stopped,  out  of  which  approximately  2 000  were  examined  in 
detail.  Of  the  vehicles  examined,  33% had  some  form  of  defect  that  would  have  been 
serious  enough  to  fail  the  regulated  roadworthiness  test  and  in  over  13% of  the  vehicle 
examined,  the  defect(s)  was  so  serious  as  to  warrant  the  immediate  prohibition  of  the 
vehicles from circulation. 

The  number  of  HGVs  and  PSVs  which  fail  the  emissions  check  in  the  annual 
roadworthiness  test is about half the number  failing  at a roadside  check,  according  to the 
UK's  annual  report  by  their  Vehicle  Inspectorate  on  the  effectiveness  of 
the 
Inspectorate's  enforcement  work.  This  supports  the  view  that  many  vehicles  might  be 
able  to  pass  the  annual  test  as  far  as  emissions  are  concerned  but  do  not  have  an 
appropriate level of roadworthiness in the months following  the annual  inspection. 

4. 

Cost-benefit  aspects of roadside inspection 

4.1  Cost 

It should be borne in mind  that there is a general scarcity of data on the cost  and  benefits 
associated  with roadworthiness  inspection,  in particular with regard to its contribution  to 
ambient  pollution  reduction.  Indeed,  the  costs  and  benefits  will  be  a  matter  for 
Member States to determine in the light of their individual circumstances. However, there 
is  useful  data  from  the  UK  which  gives  a  good  indication  of  costs  of  implementing 
roadside  inspection  at  a  certain  level  of  intensity  and  which  provides  some  information 
on the added benefit  of roadside inspection over and above annual testing. 

The  cost  for  the  authorities  of  a  roadside  inspection  scheme  can  be  derived  from  the 
UK example  where  the  Vehicle  Inspectorate  spends  around  GBP 4  million  on  roadside 
enforcement  checks  for commercial  vehicles. The total time devoted to this task is in the 
order  of  12 000 man  days. Establishing  an overall  cost  estimate  for  the  Community  as a 
whole may be difficult  given that the intensity of the level of application  of the proposed 
directive  is  left  to  the  Member  States.  However,  on  the  basis  of  the  UK  example  it  is 
reasonable to assume that the total cost  for the Community  if all Member  States  adopted 
a  similar  testing  programme  would  be  in  the  order  of  ECU 40-60  million  per  year 
(i.e. based on the assumption that there are around ten times as many relevant vehicles in 
the Community and that average wage rates are similar). 

The  costs  to  the  operators  should  be  in  proportion  to  the  maintenance  condition  of  the 
operator's  fleet,  i.e.  the  more  obviously  poorly  maintained  vehicles  should  suffer  a 
greater  roadside  testing  frequency  than  vehicles  that  are  well  maintained.  Whereas,  it  is 
assumed  that  the  time  spent  by  the  operators  will  be  similar  to  that  spent  by  the 
inspecting  authorities, it  is acknowledged  that  the cost  for  the  operator  also  includes  the 
productivity  losses  due  to  stopping  of  the  vehicle.  Assuming  that  the  total  cost  to  the 
operators  is  about  twice  that  for  the  authorities,  costs  would  be  in  the  order  of 
ECU 80-120 million per year.  Costs  for repair and fines should  also be considered  in the 
total cost to the commercial vehicle operator industry. Total costs for the Community as a 
whole would be in the neighbourhood of ECU  120 - 180 million. 

4.2  Benefits 

It  is possible  to provide  some  form  of estimate  on the benefits  of  a properly  maintained 
fleet,  in terms of accident  and pollution reduction,  and energy conservation. However,  an 
accurate  estimate  of  the  effectiveness  of  enhanced  roadworthiness  enforcement  in 
attaining  a properly  maintained  fleet  will  be  dependent  on  the  effort  the  authorities  are 
prepared  to make  and  the initial  state of the commercial  vehicles  on the Member  State's 
roads. Such an estimate is therefore  difficult  to make. 

Safety benefits 

Recent  extensive  studies  of  fatalities  involving  heavy  goods  vehicles  (HGVs)  over  a 
three-year period gave the following  results: 

-  HGVs  are  more  likely  to  be  involved  in  fatal  accidents  than  the  numbers  of  such 

vehicles on the road, or the mileage they cover, would  suggest; 

-  just  over  6% of all HGVs had  serious  defects  which were  a contributory  cause  of the 

accident or  fatalities; 

-  most  (two-thirds)  of  these  defects  concerned  defective  brakes  resulting  from  lack  of 

proper maintenance; 

-  around  3.4% of all fatalities  in HGV accidents would be prevented  if HGVs were kept 

properly maintained  at all times. 

Given  that  HGVs  cause  around  20%  of  the  current  Community-wide  road  accident 
fatalities  rate  of  45 000  each  year,  and  assuming  that  3.4%  of  fatalities  could  be 
prevented, then the maximum potential hard economic cost savings gained from ensuring 
that  these  vehicles  are  always  adequately  maintained  while  on  the  Union's  roads  could 
well be in the order of ECU 306 million per year. These benefits  are conservative  as they 
are  based  on  estimates  of  only  the  hard  economic  cost  (of  ECU  1 million)  for  every 
fatality  accident  in  the  Commission's  Communication  "Promoting  Road  Safety  in 
the EU - The Programme for  1997-2001". 

Experience  from  other  forms  of  road  safety  enforcement  can  be  used  to  assess  the 
probable  effectiveness  of  roadside  inspections  in bringing  about  an  improvement  in  the 
compliance  with  roadworthiness  legislation.  Judging  by  the  performance  of  other 
roadside  enforcement  campaigns,  there  is  the  potential  to  reduce  non-compliance  by 
approximately  50%. If this can be related to the proposed roadside inspection  scheme  for 
commercial vehicles, then an improvement in vehicle maintenance of 50% could result. 

Therefore^  assuming  that  roadside  enforcement  has  the  realistic  potential  of  improving 
the  maintenance  of  the  fleet  by  around  50%,  then  the  financial  benefits  of  such 
enforcement  should  be  in  the  order  of  ECU 0.50  x  ECU 306  million/year  =  ECU  153 
million. 

- ,. 

Consequently,  there  is  every  expectation  that  the  benefit  of  the  potential  reductions  in 
road  accidents  more  than  covers  the  cost  of  the  additional  legislative  requirements. 
However,  added to this benefit  must be the effect  on pollution  reduction  and the  savings 
in fuel  consumption which are discussed below. 

Environmental  Benefits 

Estimating  the  potential  reduction  in  pollution  from  inspection  and  maintenance 
measures  has  been  introduced  with  the  Auto-Oil  I  Programme  and  refining  of  the 
findings,  under  inclusion  of  the  estimated  effects  of  the  enforcement  measures,  will  be 
one  of  the  challenges  of  the  Auto-Oil  II  Programme.  The  Auto-Oil  I  Programme 
attributed  a potential  10% reduction in diesel engine particulates caused by light vehicles 
through an enhanced  testing  scheme. More recently,  a study undertaken  on behalf of the 
Commission,  assessed  that  the  potential  reduction  in  particulates  from  diesel  passenger 
cars  and  light  vans resulting  from  a well  maintained  fleet  could  be  in the  order  of 25%. 
However,  these  estimates  may  not. directly  relate  to  heavier  commercial  vehicle 
emissions. Without  doubt, the smoke opacity  test  is adequate  for  identifying  most  of the 
current  fleets  poorly  maintained  diesel  engines.  It  is  likely  that  the  added  benefit  of 
roadside  vehicle  emission  testing  using  the  current  test  procedures  for  measuring  diesel 
exhaust  smoke  will  diminish  as  the  fleet  modernizes.  Therefore,  testing  authorities 
around  the  world,  not just  within  the  Community,  are  anxious  to  develop  more  realistic 
testing  techniques  and  equipment  that  can  differentiate  between  the  in-service  emission 
performance  of modern diesel engines. 

Nevertheless, the current test techniques combined with a visual appraisal of the vehicle's 
in-use  emission  performance,  will  identify  vehicles  that  currently  cause  public  offence 
and  will  positively  identify  most  gross  polluters.  More  effective  identification  of  such 
vehicles will in addition help to improve fuel  efficiency. 

It is estimated that a correctly maintained fleet saves 2% fuel consumption (equivalent to 
an economic benefit of ECU 1 000 million per year) and an equivalent proportion of  C02 
emissions. Therefore, assuming that roadside inspections are 50% effective  in improving 
the  maintenance  condition  of  the  fleet,  then  a  1%  fuel  saving  would  equate  to  an 
economic benefit of around ECU 500 million per year. 

Total costs and benefits 

Adding  the  fuel-saving  benefits  to  the  benefits  from  improved  road  safety  gives  an 
estimate  of  about ECU 650  million.  Obviously,  this figure still  excludes  environmental 
benefits.  Given  costs  of  at  most  ECU 120  million,  this  proposal  is  justified  on 
cost-benefit grounds. 

5.  Complementarity with Directive 96/96/EC 

The Roadworthiness  Directive  96/96/EC  specifies  the types  of  vehicles  that need  to be 
inspected,  the minimum frequency of  inspection  (every  year  for trucks  and buses),  and 
the items that need inspection  . It describes in some detail how to inspect the brakes and 
emissions  and sets performance  standards (minimum braking  efficiencies,  diesel  smoke 
opacity, etc.). 

The  proposed  Directive  is  a  new  Community  initiative  concerned  with  vehicle 
roadworthiness  standardization  in that  it  establishes  a regime  of  roadside  inspection  of 
the  most  visual  elements  of  the  vehicle's  safety  and  environmental  protection  systems 
and  equipment.  The  proposal  is  therefore  complementary  to  Directive  96/96/EC 
regarding  the vehicles  registered by  a Member  State.  However,  its  scope  is  wider than 
Directive 96/96/EC  in  that  it  includes  all  relevant  vehicles  that  circulate  on  a 
Member State's roads and not only vehicles registered in that Member State. 

The testing methods and standards of roadside inspections  that are contained within this 
proposal  can equally be  applied by Member States to vehicles from third countries that 
are  used  in  the  European  Community.  Indeed,  the  need  to  secure  minimum  levels  of 
safety  and environmental protection in the entire Community justifies  that third-country 
vehicles should also.be submitted to these roadside inspections (see point 7). 

6. 

The relationship of the proposal with the Cornmunity's Auto-Oil Programme. 

Inspection  and  maintenance  was  established  as  an  important  instrument  for  reducing 
transport  emissions  under  the  Community's  first  Auto-Oil  (Auto-Oil  I)  Programme. 
Auto-Oil  I was  a tri-partite  programme  organized  by  the  Commission  and  the  oil  and 
motor  manufacturing  industries  which  provided  the  technical  foundation  on  which  to 
base  future  proposals  for  legislation  on  new  vehicles  emission,  fuel  composition  and 
roadworthiness standards that would be effective from the year 2000. 

The Air Quality Study of the Auto-Oil I Programme predicted concentrations of benzene, 
carbon  monoxide,  and  nitrogen  dioxide  in  seven  European  cities,  and  ozone  across 
Europe for the period  1990 to 2010. In addition, the effect  of already agreed measures on 
emissions  of  particulate  matter  from  the  road  transport  sector  were  estimated.  The 
programme  was  designed  to  identify  the  most  cost-effective  measures  which  could  be 
introduced from the year 2000  to meet Community  air quality targets by the year 2010 

time  for 

the  fleet 

technology). 
(allowing 
light 
The  Auto-Oil programme 
diesel-engined  vehicles  as  having  the  potential  to  reduce  the  emissions  of  particulates 
by 10%. 

identified  enhanced  roadworthiness  standards  for 

the  newer,  cleaner 

to  turn  over 

to 

Whereas,  earlier  debate  centred  on  enhancing  the  standard  of  the  current  statutory 
roadworthiness test as defined  in Directive 96/96/EC, it has become clear that the greatest 
short-term  gain  in  environmental  protection  can  be  made  through  enforcement  of 
adequate roadworthiness standards at all times, not just once every year. 

It  should  therefore  be  noted  that  this  proposal  does  not  impose  stricter  roadworthiness 
test  standards.  Further  proposed  improvements  to  testing  techniques  will  be  presented 
to  the  Commission's  Technical  Adaptation  Committee  shortly.  In  the  Auto-Oil  II 
Programme,  importance  will  be  given  to  the  assessment  of  the  costs  and  benefits  of 
alternative  testing  procedures  that  better  represent  real  world  driving  patterns  and 
assessment techniques for particulates. 

Consequently,  assessment  of  the  maintenance  condition  of  the  diesel-engined  vehicle's 
emission  control  will,  as  far  as  this  proposal  is  concerned,  continue  to  be  made  by 
reference  to  the  opacity  of  the  vehicle's  exhaust  smoke.  It  is  recommended  that  the 
authorities  target  vehicles  for  inspection  on the  basis  of  the  their  exhaust  opacity  while 
the vehicle is driven under engine loaded conditions. 

7.  Vehicles from third countries 

Community  law lays down a set of provisions  enabling motor vehicles (and their trailers) 
to  be  driven  freely  throughout  Community  territory.  Also,  other  provisions,  coming 
under the Vienna Convention on road traffic2,  still apply in most Member States. 

Austria,  Belgium,  Denmark,  Finland,  France,  Germany,  Greece,  Italy,  Luxembourg 
and  Sweden  are  contracting  parties  to  this  Convention,  which  Portugal,  Spain  and 
the  United Kingdom  have  signed  but  never  ratified.  The  Community 
is  not  a 
contracting party. 

For  those  Member  States  that  are  contracting  parties  to  the  Vienna  Convention,  the 
application  of  the  safety  standards  contained  in  the  proposal  to  third-country  vehicles 
does not  entail  for them  any infringement  of their international  obligations  deriving  from 
the  Vienna  Convention.  In particular,  reference  can  be  made  to  Article  39  which  states 
that  "Every  motor  vehicle,  every  trailer  and  every  combination  of  vehicles 
in 
international  traffic  shall  satisfy  the  provisions  of  Annex  5  to  this  Convention.  It  shall 
also be in good working  order". 

Annex  5 allows  Member  States  to  impose  stricter  rules  which  are not  inconsistent  with 
the provisions of the Vienna Convention. 

Convention  on  road  traffic,  Vienna,  8  November  1968,  comprising  the  amendments  which  entered 
into force  on 3 September  1993. United Nations Economic Commission for Europe. 

As far as vehicle emissions are concerned, the Convention is less specific.  Annex 5 under 
"General Provisions" states: 

"59.  (a) The mechanical  parts  and  equipment  of  a motor  vehicle  shall  not,  so  far  as  this 
can possibly be avoided, give rise to any danger of fire or explosion; nor shall they cause 
excessive emission of noxious gases, opaque fumes,  smells or noise." 

However,  an  amendment  to  the  Convention  has  recently  been  endorsed  by  Ministers  at 
the  United  Nation's  Regional  Conference  on  Transport  and  the  Environment  in 
November  1997. This amendment includes a Regulation on roadworthiness testing which 
is  identical  in  technical  content  to  the  environmental  protection  test  methods  of 
Directive 96/96/EC  and therefore  to the standards  indicated  in Annex II of this proposal. 
The  standards  of  smoke  opacity  measurement  contained  within  this  proposal  can  be 
considered  as  defining  the  pollution  limits  that  are  considered  to  be  "excessive"  within 
the definition  of the Vienna  Convention. 

8. 

Possible adaptation of the roadworthiness testing requirements in the  future 

The introduction  of roadside inspection  is the first step away from the traditional  method 
where  the  State  controls  the  maintenance  of the  national  fleet,  i.e.  through  the  statutory 
roadworthiness  test.  Technology  and  operator  practice  changes  and  the  roadworthiness 
scheme  needs  to  respond  to  those  changes.  The  following  highlights  potential  areas  of 
change that will be considered in the  future. 

-  An  expert  team  has  been  established  whose  aim  is  to  examine  how  to  improve  the 
usability  and  reliability  of  the  smoke  metres  currently  used  and  develop  a  test 
methodology  that  can  identify  all  high  polluting  engines  in  the  roadworthiness  test. 
Also,  several  authorities  are  examining  ways  of  improving  the  current  free 
acceleration  smoke  test  to  make  it  more  repeatable  and  more  effective  in  controlling 
the  exhaust  emission  levels  from  diesel-engined  vehicles  on  the  roads.  This  work 
includes a survey of smoke measurement techniques used in other countries. The work 
is  being  assessed  by  the  Commission,  in  the  context  of  the  Auto-Oil  II  Programme, 
with  the  view  to  incorporating 
into  the  roadworthiness 
Directive 96/96/EC with possible consequences for the roadside inspection test. 

its  recommendations 

-  Operators  that  gain  a high  success  in  the  annual  test  and  also  maintain  their  vehicles 
throughout  the year could  be  awarded  a "high  quality" certificate  and  exempted  from 
further  annual  testing. The burden  of responsibility  would  then  rest with  the  operator 
to ensure that his vehicles are always well maintained. 

-  When,  in  the  future,  On  Board  Diagnostics  (OBD)  are the  norm  for  all  major  safety 
and  environmental  functions,  then  enforcement  could  move  away  from  annual  testing 
to  an  operator  maintenance  audit  approach;  perhaps  based  on  automatic 
fault  identification  and  recording  on  the  vehicle,  in  the  company  or  even  via 
roadside  infrastructure. 

The  Commission  recognizes  that  the  roadside  inspection  of  passenger  cars  would 
also  have  benefits 
invites 
Member States  to  assess  the  possibility  of  such  inspections  at  the  national  level.  The 
future  introduction  of  OBD  in  passenger  cars  will  also  facilitate  roadside  enforcement. 

for  both  safety  and  environmental  protection  and 

Also,  "remote  roadside  sensing"  techniques  are  being  assessed  with  regard  to  their 
potential  for  screening  and  selecting  potentially  gross  polluting  vehicles.  These 
developments  may  make  roadside  inspection  of  passenger  cars  a  particularly  attractive 
option in ambient air pollution control. These aspects will be considered  further  under the 
Auto-Oil II Programme. 

9. 

Consultation 

In  developing  its  proposal,  the  Commission  consulted  Member  States'  and  EFTA 
countries  governments,  CITA,  CLEPA,  CECRA,  EGEA,  AIT/FIA,  IRU,  ACEA, 
EUROPIA and T&E. 

B. 

JUSTIFICATION  FOR ACTION AT COMMUNITY  LEVEL 

Subsidiarity 

(a)  What are the proposed  actions in relation to the Community's  obligations? 

The  proposal  is  a  measure  which  complements  the  regime  established  by 
Directive 96/96/EC as amended. 

The  proposed  action  will  ensure  that  commercial  vehicles  on  the  Community's 
roads are maintained to an acceptable level of safety  and environmental  protection. 

(b)  Does  competence for  the planned  activity  lie  solely  with  the  Community  or  is  it 

shared with the Member  States? 

It  is  a  competence  shared  between  the  Community  and  the  Member  Sates, 
according to Article 75(c) and (d) of the EC Treaty. 

(c)  What  is  the  Community  dimension  of  the  problem  (for  example,  how  many 

Member States are involved and what solution has been used up to now)? 

All  Member  States  are  already  bound  by  Council  Directive  96/96/EC  which 
establishes regular roadworthiness  inspections for these vehicles. 

Transposition  of  the  provisions  of  this  proposed  Directive  into  national  law  will 
ensure  that  sufficient  levels  of  maintenance  are  enforced  by  Member  States  for 
commercial  vehicles  on their  territory  irrespective  of whether  or not  the vehicle  is 
operated  in  international  transport  or  the  vehicle  is  registered  in  a  specific 
Member State. 

(d)  What is the most  effective solution  taking  into account  the  means  available  to the 

Community and those of the Member States? 

Inspection  and  Maintenance  was  established  as  an 
transport  emissions  under 
for  reducing 
(Auto-Oil I) Programme. 

the  Community's 

important 

instrument 
first  Auto-Oil 

10 

Action  at  Community  level  is  the  only  way  to  solve  the  problems  of  inadequate 
maintenance of the vehicles on Community roads. 

In the event  of serious  and repeated  infringement,  the competent  authorities  of  the 
Member  State  in  which  the  vehicle  is  registered  or  in  which  the  undertaking  is 
established  may  be  asked  to  take  appropriate  measures  to  ensure  that  only 
roadworthy  vehicles  are  put  into  operation.  Where,  to  that  end,  the  competent 
Member  State  carries  out  an  assessment  of  the  quality  of  the  undertaking's 
maintenance  and inspection  facilities  then the other Member  States concerned  shall 
be notified  of the results. 

(e)  What real  added  value  will  the  activity proposed  by  the  Community provide  and 

what would be the cost of inaction? 

It is anticipated  that the enforcement  of these roadside  inspections will provide  the 
incentive  for  a rapid improvement  in the maintenance  condition of the  commercial 
vehicles on the European Union's roads, particularly those from third countries  that 
transit  the  European  Union.  Consequently  the  proposal  will  improve  road  safety 
and  reduce  the  environmental  impact  of  transport.  Total  estimated  monetized 
benefits  are in the order of ECU 650 million whereas  costs to the Community  as a 
whole  were  estimated  to  be  in  the  order  of  ECU  120  -  180  million.  In  addition, 
important non-monetized  environmental benefits were considered. 

(f)  What forms  of action are available to the  Community  (recommendations,  financial 

support, regulation, mutual recognition, etc...)? 

It is considered that a Directive is the best means  available of achieving the goal of 
free circulation  of commercial  vehicles that  are maintained  to  acceptable  standards 
of  roadworthiness.  A  Directive  would  allow  the  flexibility  of  amending  existing 
national rules rather than  abandoning  these  for  a Regulation.  A recommendation  is 
insufficient,  it is not a legally binding act. 

(g) 

Is  it  necessary  to  have  a  uniform  Regulation,  or  is  a  Directive  setting  out  the 
the 
general  objectives  sufficient, 
Member States? 

implementation  at 

level  of 

leaving 

the 

The adoption of a Council Directive  is the appropriate procedure  for  laying down a 
legal framework to ensure  adequate  safety,  environmental  protection  and  equity  of 
competition, while leaving the means of enforcement  and the implementation  of the 
Directive to Member States. 

C. 

SCOPE OF THE  PROPOSAL 

The  scope  of  this  proposed  Directive  will  include  certain  vehicles  that  are  subject  to 
Roadworthiness  Testing  within  the  scope  of  Directive  96/96/EEC.  These  vehicles  are 
defined  in Annex I to Directive 96/96/EC as: 

Category  1 - motor vehicles used for the carriage of passengers  and with more than eight 
seats, excluding the driver's seat. 

11 

Category  2  -  motor  vehicles  used  for  the  carriage  of  goods  and  having  a  maximum 
permissible mass exceeding 3 500 kg. 

Category  3  -  trailers  and  semi-trailers  with  a  maximum  permissible  mass  exceeding 
3500 kg. 

D.  CONTENTS OF THE PROPOSAL 

Article  1 outlines the purpose of this proposal and determines its scope. 

Article 2 defines  the following  terms: 

-  vehicle 

-  roadside  inspection 

-  roadworthiness test. 

Article 3 establishes the three-stage approach to the "targeted" roadside inspections. 

Article 4 defines  the extent to which Member States shall carry out roadside inspections. 

Article  5 defines  the  technical  content  of  the  roadside  inspection  and  the  consequences 
for vehicles that fail that inspection. 

Article  6  sets  out  the  mutual  responsibility  that  each  Member  States  has  for  informing 
the  requirements  of  the 
other  Member  States  on  operators  that  do  not  meet 
roadside inspection. 

Article  7  and  Article  8  describe  the  procedure  to  be  followed  in  the  Committee  for 
technical  adaptation. 

Article 9 lays down national sanctions. 

Article  10  contains  provisions  concerning  the  transposition  of  this  Directive  into  the 
national laws. 

Annex I gives a "checklist" for the authorities giving details of the vehicles that are to be 
inspected together with driver information,  a copy of which is for the driver's records. 

Annex II gives the technical requirements of the roadside  inspection. 

12 

Proposal for a 
COUNCIL  DIRECTIVE 
on the roadside inspection of the roadworthiness  of commercial vehicles 
circulating in the Community 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
points (c) and (d) of Article 75(1-) thereof, 

Having regard to the proposal from the Commission3, 

Having regard to the opinion of the Economic and Social Committee4, 

Acting  in  accordance  with  the  procedure  laid  down  in  Article  189c  of  the  Treaty  in 
cooperation with the European  Parliament5, 

1.  Whereas  the  growth  of  traffic  presents  all  Member  States  with  road  safety  and 

environmental problems of a similar nature and seriousness; 

2.  Whereas it is in the interests of road  safety,  environmental  protection  and  equitable 
competition  that  commercial  vehicles  should  be  operated  only  if  they  are 
maintained to a high degree of roadworthiness; 

3.  Whereas  roadside  inspections  should  be  carried  out  without  discrimination  on 
grounds  of  the  nationality  of  the  driver  or  of  the  country  of  registration  of  the 
commercial vehicle; 

4.  Whereas checks on the roadworthiness  of commercial  vehicles, in accordance  with 
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  trailers6,  ensure  that  these  vehicles  undergo  an  inspection  by  an  authorized 
body every year; 

5.  Whereas the regulated  annual roadworthiness  test is considered not to be  sufficient 
to  guarantee  that  those  vehicles  tested  are  in  a  roadworthy  condition  throughout 
the year; 

6.  Whereas  effective  enforcement  through  targeted  additional  roadside  inspection  is 
an important  and  cost-effective  measure  to  control  the  standard  of maintenance  of 
commercial vehicles on the road; 

3  OJC 
4  OJ 
5  OJ 
6  OJ L 46,  17.2.1997, p. 1. 

13 

7.  Whereas,  in  accordance  with  the  subsidiarity  and  proportionality  principles  as  set 
out  in  Article  3b  of  the  Treaty,  the  objectives  of  the  proposed  action,  namely  to 
establish a regime of roadside inspections of commercial  vehicles circulating  in the 
Community,  cannot  be  sufficiently  achieved  by  the  Member  States  and  can, 
therefore, by reason of the scale of the action be better achieved by the  Community; 
whereas  this Directive  confines  itself to the minimum  required  in order to  achieve 
those objectives  and does not go beyond what is necessary for that purpose; 

8.  Whereas  the method  of  inspection  selection  should  be based  on  a targeted,  staged 
approach  giving the greatest  effort  to identifying  vehicles  that  seem  most  likely  to 
be  poorly  maintained  and 
the  authorities'  operational 
thereby  enhancing 
effectiveness  and minimizing the costs and delays to drivers and operators; 

9.  Whereas the Council, in the context of the discussions of the Auto-Oil  Programme, 
has  invited  the  Commission  to  present  proposals  which  would  ensure  the 
simultaneous  applicability  of  Directives  on  vehicle  type-approval  standards,  fuel 
quality and on technical controls; 

10.  Whereas  in  the  event  of  serious  and  repeated  infringements,  it  should  be  possible 
for the competent  authorities of the Member State in which the vehicle is registered 
or  in  which  the  relevant  undertaking  is  established  to  be  requested  to  take 
appropriate  measures;  whereas  those  authorities  should  inform  the  Member  State 
making such request of any follow-up  measures taken; 

11.  Whereas  each  Member  State  should  determine  the  penalties  to  be  imposed  in  the 
event  of  an  infringement  of  the  provisions  adopted  for  the  implementation  of 
this Directive, 

HAS ADOPTED THIS DIRECTIVE: 

Article 1 

1. 

2. 

This Directive establishes a regime of roadside inspections of the roadworthiness  of 
commercial vehicles circulating in the Community. 

This  Directive  shall  not  affect  the  Member  States'  right,  due  regard  being  had  to 
Community  law, to carry out checks on vehicles not covered by this Directive. 

For the purpose of this Directive: 

Article 2 

(a) 

(b) 

"commercial  vehicle"  shall  mean  those  motor  vehicles  and  trailers  as  defined  in 
categories  1, 2 and 3 of Annex I to Directive 96/96/EC. 

"roadside  inspection"  shall  mean  an  unscheduled,  and  therefore  unexpected 
inspection  of  a commercial  vehicle  circulating  on  the  territory  of  a Member  State 
carried out by the authorities at the roadside or wherever the authorities see fit. 

14 

(c) 

"roadworthiness  test"  is  a  test  of  the  vehicle's  roadworthiness  as  provided  by 
Annex I to Directive 96/96/EC. 

Article 3 

1. 

The first stage of the roadside inspection shall be the visual assessment by a trained 
vehicle  examiner  of  the  maintenance  condition  of  the  commercial  vehicle  as  it 
passes on the road. 

2.  Where,  in  the  first  stage,  there  is  suspicion  that  the  commercial  vehicle  is 
inadequately  maintained  then  the  second  stage  shall be  a cursory  inspection  of  the 
stationary vehicle which includes a check of its roadworthiness  documentation,  and 
in  particular  of  proof  that  the  commercial  vehicle  has  undergone  its  statutory 
roadworthiness  test  in  accordance  with  Article  2  of  Directive  96/96/EC,  or  proof 
under  Article  3(1)  of  Directive  96/96/EC  that  the  commercial  vehicle  has 
undergone another recent roadside  inspection. 

3.  Where documentation  does not provide  adequate  assurance  that the vehicle  is well 
maintained  or  if  the  examiner  still  suspects  that  the  commercial  vehicle  is 
unroadworthy,  then  the  inspection  proceeds  to  a  third  stage,  in  accordance  with 
Annex II to this Directive. 

Article 4 

1.  Member  States  shall  organize  appropriate  and  frequent  roadside  inspections 
covering, each year, a large and representative cross-section of commercial  vehicles 
of all categories falling within the scope of this Directive. 

2. 

3. 

Roadside  checks  shall  cover  a sufficiently  representative  part  of  the  road  network 
for the checks  to be  effective. 

Roadside  inspections  shall  be  carried  out  without  discrimination  as  to  the 
the 
nationality  of 
commercial vehicle. 

the  country  of 

the  driver  or 

registration  of 

the 

4.  Member  States  shall  communicate  to the Commission  every  two  years  the  number 
of  commercial  vehicles  checked,  categorized  by  type  and  country  of  registration, 
including data on the reasons for  failure. 

Article 5 

1. 

In  order  to  carry  out  the  roadside  inspections  provided  for  in  this  Directive,  the 
Member States shall use the checklist in Annex I. A copy of this checklist  drawn up 
by  the  authority  which  has  carried  out  the  inspection  or  a  certificate  showing  the 
result  of  the  regular  roadworthiness  inspection  as  required  by  Directive  96/96/EC 
shall  be  given  to  the  driver  of the  commercial  vehicle  and presented  on  request  in 
order  to  simplify  or  avoid  subsequent  roadside  inspections  within  a  short  and 
unreasonable time period  thereafter. 

15 

2. 

If  the  vehicle  examiner  considers  that  the  deficiency  in  the  maintenance  of  the 
commercial  vehicle justifies  further  examination,  the  commercial  vehicle  may  be 
subjected  to a roadworthiness  test  at an approved  testing  centre in  accordance  with 
Article 2 of Directive 96/96/EC. 

If  the  consequence  of  the  roadside  inspection  is  that  the  commercial  vehicle  does 
not  comply  with  Annex  II  or  fails  any  subsequent  roadworthiness  test  at  an 
approved  testing  centre  in  accordance  with  Article  2 of Directive  96/96/EC  and  is 
therefore  considered  to  present  a serious  risk  to  its  occupants  or  other  road  users, 
then  the  commercial  vehicle  may  be  banned  immediately  from  use  on  the 
public roads. 

Article 6 

1.  Member States shall assist one another in the application of this Directive. 

2. 

Serious or repeated deficiencies  of vehicles of non-residents  shall be reported to the 
competent  authorities  in  the  Member  State  in  which  the  commercial  vehicle  is 
registered or in which the undertaking is established. 

The  competent  authorities  of  the  Member  State  which  have  recorded  serious  or 
repeated  deficiencies  of  vehicles  of  non-residents  may  ask  the  competent 
authorities of the Member  State in which the commercial vehicle is registered  or in 
which  the  undertaking  is  established  for  appropriate  measures  to  be  taken  with 
regard to the offender  or  offenders. 

The  latter  competent  authorities  shall  notify  the  competent  authorities  of  the 
Member  State  which  recorded  the  commercial  vehicle's  deficiencies,  of  any 
measures taken with regard to the offender  or  offenders. 

Article 7 

The  Commission  shall  adopt  any  amendments  which  are  needed  for  adapting  the 
technical  standards  defined  in  Annex  II  to  technical  progress  in  accordance  with  the 
procedure laid down in Article 8. 

Article 8 

The  Commission  shall  be  assisted  by  the  Committee  on  the  Adaptation  to  Technical 
Progress  of  the  Directive  on  roadworthiness  tests  for  motor  vehicles  and  their  trailers, 
hereinafter  referred  to as "the Committee". 

The  representative  of  the  Commission  shall  submit  to  the  Committee  a  draft  of  the 
measures  to  be  taken.  The  Committee  shall  deliver  its  opinion  on  the  draft,  within  a 
time-limit  which  the  chairman  may  lay  down  according  to  the urgency  of  the  matter,  if 
necessary by taking a vote. 

16 

The opinion  shall be recorded  in the minutes; in addition,  each Member  State shall  have 
the right to ask to have its position recorded in the minutes. 

The  Commission  shall  take  the  utmost  account  of  the  opinion  delivered  by  the 
Committee.  It  shall  inform  the  Committee  of  the  manner  in which  its  opinion  has  been 
taken into account. 

Article 9 

Member States shall determine the penalties applicable to infringements  of this Directive 
and shall take all necessary measures to ensure that they are enforced.  The penalties  thus 
provided  for  shall  be  effective,  proportionate  and  dissuasive.  The  Member  States  shall 
notify  the  Commission  of  those  measures  no  later  than  the  date  specified  in  the 
first  subparagraph  of  Article  10(1)  and  shall  notify  it  of  any  amendments  to  them 
without delay. 

Article 10 

1.  Member  States  shall  adopt  and  publish,  by  31  December  1998,  the  laws, 
regulations  and  administrative  provisions  necessary  to  comply  with  this  Directive. 
They shall forthwith  inform  the Commission thereof. 

When Member  States adopt these provisions, these shall contain  a reference  to this 
Directive  or  shall  be  accompanied  by  such  reference  at  the  time  of  their  official 
publication. The procedure for such reference  shall be adopted by Member States. 

Member States shall apply these provisions from 1  July  1999. 

2.  Member States shall communicate to the Commission the texts of the provisions  of 

national law which they adopt in the field governed by this Directive. 

Article 11 

This Directive shall enter into force  on the twentieth day following  that of its publication 
in the Official Journal of the European  Communities. 

This Directive is addressed to the Member States. 

Article 12 

Done at Brussels, 

For the Council 
The President 

17 

ANNEX I 

CHECKLIST 

1.  Place of check 

2.  Date. 

3.  Time 

4.  Vehicle nationality mark 
and registration number.. 

5.  Trailer/semi-trailer nationality mark 

and registration number 

6.  Class of vehicle 

• 
• 
• 

Lorry (more than  12  tonnes)1 
Road train2 
Coach4 

• 
• 

Articulated vehicle with  platform3 
mini bus5 
• 

Light goods vehicle 
(3.5-  12  tonnes)6 

7.  Undertaking carrying out transport/address 

8.  Nationality 

9.  Driver 

10.  Consignor, address, place of loading 

11.  Consignee, address, place of unloading 

12.  Gross mass of unit 

Vehicle specifications  in accordance with Directive 70/156/EEC, Annex IIA: 
1  Motor  vehicles  with  at  least  four  wheels  and  used  for  the  carriage  of  goods  and  having  a  maximum 

mass exceeding  12 tonnes (category N3). 
Combination  of Motor vehicles used  for  the carriage of goods  and having  a maximum  mass  exceeding 
3.5 tonnes (categories N2, N3) with trailers (categories  O). 
Towing vehicle designed to be coupled to a semi-trailer. 
Motor  vehicle  with  at  least  four  wheels  used  for  the  carriage  of  passengers,  comprising  more  than 
eight seats in addition to the driver's seat (categories M2, M3). 

Motor  vehicles  with  at  least  four  wheels  used  for  the  carriage  of  passengers,  comprising  (more  than 
five but) no more than eight seats in addition to the driver's  seat (category  Ml). 
Motor  vehicles  with  at  least  four  wheels  and  used  for  the  carriage  of  goods  and  having  a  maximum 
mass exceeding 3.5 tonnes but not exceeding  12 tonnes (category N2). 

13.  Reason for failure: 

braking system and components 

steering linkages 

lamps, lighting and signalling devices 

wheels/hubs /tyres 

exhaust system 

smoke opacity (diesel) 

gaseous emissions (petrol) 

14.  Miscellaneous/remarks 

15.  Authority/officer  having carried out the inspection 

16.  Result of inspection: 

-  pass 

-  passed with minor defects 

-  serious defects 

- 

immediate prohibition 

Signature of testing inspector/Authorization 

19 

ANNEX II 

Technical standards of the roadside check 

Commercial  vehicles  as defined  in Article 2 shall be maintained  in such  a condition  that 
can be deemed as roadworthy by the inspection authorities. 

The  items  that  shall  be  inspected  will  include  those  that  are  considered  to  be  important 
for  the  safe  and  clean  operation  of  the  vehicle.  As  well  as  simple  functional  checks 
(lighting, signalling, tyre condition, etc.), specific  tests and/or inspections shall be carried 
out on the vehicle's brakes and the motor vehicle's emissions in the following  manner: 

1. 

Brakes 

It  is  required  that  every  part  of  the  braking  system  and  its  means  of  operation  shall  be 
maintained  in good and efficient  working order and be properly  adjusted. 

The  vehicle's  brakes 
braking  functions: 

shall  be  capable  of  performing 

the 

following 

three 

(a)  For  motor  vehicles  and  their  trailers  and  semi-trailers,  a  service  brake  capable  of 
slowing  down  the  vehicle  and  of  stopping  it  safely,  rapidly  and  efficiently, 
whatever  its conditions  of loading  and whatever  the upward  or downward  gradient 
of the road on which it is moving; 

(b)  For  motor  vehicles  and  their  trailers  and  semi-trailers  a parking  brake  capable  of 
holding  the  vehicle  stationary,  whatever  its  condition  of  loading,  on  a  noticeable 
upward or downward  gradient, the operative surfaces  of the brake being held in the 
braking position by a device whose action is purely mechanical; 

(c)  For  motor  vehicles,  a  secondary  (emergency)  brake  capable  of  slowing  down  and 
stopping  the  vehicle,  whatever  its  condition  of  loading,  within  a  reasonable 
distance, even in the event of failure of the service brake. 

Where  the  maintenance  condition  of  the  vehicle  is  in  doubt  then  the  inspection 
authorities  may test the vehicle's braking performance  in accordance  with  some or 
all of the provisions of Directive 96/96/EC, Annex II, item 1. 

2. 

Exhaust  emissions 

2.1  Exhaust  emission 

20 

2.1.1  Motor vehicles equipped with positive-ignition (petrol) engines. 

(a)  Where  the  exhaust  emissions  are  not  controlled  by  an  advanced  emission 
is 

three-way  catalytic  converter  which 

control  system  such  as  a 
lambda-probe  controlled: 

1.  Visual  inspection  of  the  exhaust  system  in  order  to  check  that  there  is 

no leakage. 

2.  If appropriate, visual inspection of the emission control system  in order to 

check that the required equipment has been  fitted. 

After  a  reasonable  period  of  engine  conditioning  (taking  account  of 
the  vehicle  manufacturer's 
the  carbon  monoxide 
(CO) content  of  the  exhaust  gases  is measured  when  the  engine  is  idling 
(no load). 

recommendations) 

The maximum  permissible  CO  content  in  the  exhaust  gases  is that  stated 
by  the  vehicles  manufacturer.  Where  this  information  is  not  available  or 
where  Member  States'  competent  authorities  decide  not  to  use  it  as  a 
reference  value, the CO content must not exceed the  following: 

-  for  vehicles  registered  or  put  into  service  for  the  first  time  between 
the date  from  which  Member  States  required  the  vehicles  to  comply 
with  Directive 70/220/EEC7 and  1  October  1986 : CO - 4,5 % vol; 

-  for  vehicles registered  or  put  into  service  for  the  first  time  after 

1 October  1986 : CO - 3.5 % vol. 

(b)  Where  the  exhaust  emissions  are  controlled  by  an  advanced  emission 
is 

three-way  catalytic  converter  which 

control  system  such  as  a 
lambda-probe controlled: 

1.  Visual inspection  of the exhaust system in order to check that there are no 

leakages and that all parts are complete. 

2.  Visual inspection of the emission control system in order to check that the 

required equipment has been  fitted. 

3.  Determination  of  the  efficiency  of  the  vehicle's  emission  control  system 
by measuring the lambda value and the CO content of the exhaust gases in 
accordance  with  section  4  or  with  the  procedures  proposed  by  the 
manufacturers  and  approved  at the time of type-approval.  For  each  of  the 
tests, 
the  vehicle 
manufacturer's  recommendations. 

in  accordance  with 

is  conditioned 

the  engine 

Council  Directive  70/220/EEC  of  20  March  1970  on  the  approximation  of  the  laws  of  the 
Member States relating to measures to be taken against air pollution by emissions from motor vehicles 
(OJ L 76, 9.3.1970, p. 1) and corrigendum (OJL 81, 11.4.1970, p. 15). 

21 

4.  Exhaust pipe emissions - limit values 

-  Measurement  at engine idling speed: 

The  maximum  permissible  CO  content  in  the  exhaust  gases  is  that 
stated  by  the  vehicle  manufacturer.  Where  this  information  is  not 
available, the maximum CO content must not exceed 0.5% vol. 

-  Measurement at high idle speed, engine speed to be at least 2 000 min"1: 

CO content: maximum 0.3 % vol. 

Lambda:  1  = 0.03 in accordance with the manufacturer's  specifications. 

2.1.2  Motor vehicles equipped with compression ignition (diesel) engines 

Measurement  of exhaust gas opacity with free acceleration  (no load  from  idling 
up  to  cut-off  speed).  The  level  of  concentration  must  not  exceed  the  level 
this 
recorded  on  the  plate  pursuant 
information  is  not  available  or  where  Member  States'  competent  authorities 
decide  not  to  use  it  as  a  reference,  the  limit  values  of  the  coefficient  of 
absorption are as follows: 

to  Directive  72/306/EEC8.  Where 

Maximum coefficient  of absorption  for: 

-  naturally aspirated diesel engines = 2.5 m"1, 

- 

turbo-charged diesel engines = 3.0 m"1 

or  equivalent  values  where  use  is  made  of  equipment  of  a type  different  from 
that used for EC type-approval. 

Vehicles  registered  or  put  into  service  for  the  first  time before  1 January  1980 
are exempted from these requirements. 

2.1.3 

Test equipment 

Vehicle  emissions  are  tested  using  equipment  designed  to  establish  accurately 
whether  the limit values prescribed  or indicated  by the manufacturer  have  been 
complied with. 

2.2 

Where  appropriate,  a  check  on  the  correct  functioning  of  the  On  Board 
Diagnostic (OBD) emission monitoring system. 

8  Council  Directive  72/306/EEC  of  2  August  1972  on  the  approximation  of  the  laws  of  the 
Member States  relating  to  the  measures  to  be  taken  against  the  emission  of  pollutants  from  diesel 
engines for use in vehicles (OJ L  190, 20.8.1972, p. 1). 

22 

ISSN 0254-1475 

COM(98) 117 final 

DOCUMENTS 

EN 

07  10  11  02 

Catalogue  number  :  CB-CO-98-165-EN-C 

ISBN  92-78-32077-3 

Office  for  Official  Publications of the European  Communities 

L-2985  Luxembourg 

23