Proposal for a Council Directive on a transparent system of harmonized rules for driving restrictions on heavy goods vehicles involved in international transport on designated roads
Date: 1998-03-11
Institutions: European Commission
Subjects: approximation of laws, commercial vehicle, international road transport, traffic control, traffic regulations

24.6.98

EN

Official  Journal  of  the  European  Communities

C  198/17

II

(Preparatory  Acts)

COMMISSION

Proposal  for  a  Council  Directive  on  a  transparent  system  of  harmonised  rules  for  driving
restrictions  on  heavy  goods  vehicles  involved  in  international  transport  on  designated  roads

(98/C  198/08)

(Text  with  EEA  relevance)

COM(1998)  115  final  -  98/0096(SYN)

(Submitted  by  the  Commission  on  25  May  1998)

THE  COUNCIL  OF  THE  EUROPEAN  UNION,

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

Having  regard  to  the  proposal  from  the  Commission,

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

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

(1)(cid:217)Whereas  there  are  currently  no  harmonised  rules
across  the  Community  on  driving  restrictions  for
heavy  goods  vehicles  on  Sundays  and  public
holidays;

(2)(cid:217)Whereas  this  lack  of  harmonised  rules  results  in
differences  as  regards 
the  duration  of  driving
restrictions  and  definitions  of  vehicles  exempt  from
those  restrictions;

(3)(cid:217)Whereas 

this 

significant  negative
consequences  for  the  freedom  to  provide  transport
services  in  the  Community;

situation  has 

(4)(cid:217)Whereas  the  existence  of  driving  bans  which  differ
from  Member  State  to  Member  State  makes 
it
impossible  to  make  round  trips  over  long  distances
without  excessive  interruptions;  whereas  peripheral
regions  of  the  Community  are,  in  particular,  highly
and  disproportionately  affected  by  such  driving
restrictions  because  of  their  geographical  situation;

transparent 

to  establish  a 

(5)(cid:217)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 
system  of
harmonised  rules  for  driving  restrictions,  thereby
ensuring  that  the  negative  consequences  for  the
freedom  to  provide  transport  services  are  reduced
as  far  as  possible,  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;

(6)(cid:217)Whereas  it  is  desirable  that,  in  particular  for  inter(cid:220)
national  transport,  the  negative  impact  of  driving
restrictions  be  minimised;  whereas 
it  would  be
desirable  that  certain  roads,  indicated  in  Annex  I,
Section  2  of  Decision  No  1692/96/EC  of  the
European  Parliament  and  of  the  Council  of  23  July
1996  on  Community  guidelines  for  the  development
of  the  trans(cid:220)European  transport  network(cid:216)(˛),  be
transport;  whereas
kept  open 
therefore  such  roads  should  only  be  subject  to
driving  bans  during  certain  hours  on  Sundays  and
public  holidays;  whereas  the  Commission  should  be
notified  of  such  driving  restrictions;

international 

for 

(7)(cid:217)Whereas  this  maximum  permitted  duration  should
be  extendible  when  such  extension  can  be  justified
on  environmental,  road(cid:220)safety  or  social  grounds;
whereas  a  request  for  such  an  extension  should  be
examined  without  delay  by  the  Commission  with
the  assistance  of  a  committee;

(˛)(cid:217)OJ  L  228,  9.9.1996,  p.  1;  Corrigendum  published  in  OJ

L  15,  17.1.1997,  p.  1.

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24.6.98

(8)(cid:217)Whereas  Member  States  should  be  able  to  restrict
the  circulation  during  the  night  of  heavy  goods
vehicles  whose 
exceeds  Community
standards;  whereas  Member  States  should  also  be
able  to  restrict  heavy  goods  vehicles  when  excep(cid:220)
tionally  high  traffic  density  is  expected,  for  example
during  holiday  periods;  whereas  the  Commission
should  be  notified  of  such  driving  restrictions;

noise 

(9)(cid:217)Whereas  under  special  environmental  or  weather
conditions  Member  States  should  be  able  to  restrict
the  circulation  of  heavy  goods  vehicles  on  grounds
of  environmental  protection  or  road  safety;  whereas
for  practical  reasons,  it  should  be  possible  to  adopt
such  restrictions  without  notifying  the  Commission;

(10)(cid:217)Whereas  the  types  of  heavy  goods  vehicles  or
transport  operations  which  are  exempted  from  bans
in  all  Member  States  should  be  harmonised;

(11)(cid:217)Whereas  the  introduction  of  driving  restrictions  at
national,  regional  and  local  level  is  currently  done
in  an  uncoordinated  manner  and,  therefore,  a
system  of  notification  on  the  timing  and  extent  of
these  restrictions  should  be  established;  whereas  on
the  basis  of  these  notifications  the  Commission
should  produce  an  annual  report  to  the  Member
States;

(12)(cid:217)Whereas  to  amend  the  Annex  and  to  consider
certain  restrictions  to  be  introduced  by  Member
States,  the  Commission  should  be  assisted  by  a
committee  of  an  advisory  nature;

(13)(cid:217)Whereas  each  Member  State  should  determine  the
penalties 
the  event  of  an
imposed 
infringement  of  the  provisions  adopted  for  the
implementation  of  this  Directive,

to  be 

in 

HAS  ADOPTED  THIS  DIRECTIVE:

Article  1

This  Directive  establishes  a 
system  of
harmonised  rules  concerning  driving  restrictions  applied
for  certain  periods  to  heavy  goods  vehicles  undertaking
international 
the
Community.

transport  on 

transparent 

roads  of 

certain 

(a) "heavy  goods  vehicle’:  shall  mean  all  motor  vehicles
with  a  gross  weight  of  7,5  t  and  above,  used  for  the
transport  of  goods;

(b) "driving  restrictions’:  shall  mean  a  ban  on  the  circu(cid:220)
lation  of  heavy  goods  vehicles  for  certain  periods;

(c) "trunk  roads’:  shall  mean  the  network  of  roads  as
indicated  in  Annex  I,  Section  2  of  Decision  No
1692/96/EC;

(d) "other  roads’:  shall  mean  all  roads  other  than  trunk

roads;

(e) "international 

transport’: 

transport
operations  with  a  place  of  departure  and  place  of
arrival  in  two  different  Member  States;

shall  mean 

(f)

"public  holiday’:  shall  mean  any  day  defined  as  a
public  holiday  by  a  Member  State;

(g)(cid:217)"cars’:  shall  mean  motor  vehicles  in  category  M1  as
to  Council  Directive
II 

in  Annex 

defined 
70/156/EEC(cid:216)(˛);

(h) "load’:  shall  mean  at  least  1  tonne  of  cargo,  including

packaging.

Article  3

1.(cid:218)(cid:217)Member  States  shall  not  impose  driving  restrictions
on  heavy  goods  vehicles 
international
transport  which  are  stricter  than  those  applied  to  heavy
goods  vehicles  involved  in  national  transport.

involved 

in 

2.(cid:218)(cid:217)Member  States  may  impose  driving  restrictions  for
all  heavy  goods  vehicles  on  Sundays  and  public  holidays
between  the  hours  of  7h00  -  22h00  from  1  October  to
31  March  and  between  7h00  -  24h00  from  1  April  to
30  September.

3.(cid:218)(cid:217)Member  States  may 
impose  driving  restrictions
during  the  night,  from  22h00  to  5h00,  which  apply  to  all
heavy  goods  vehicles  which  do  not  comply  with  noise
emission  standards  provided  by  Commission  Directive
96/20/EC(cid:216)(ˇ).

4.(cid:218)(cid:217)On  trunk  roads  Member  States  may  only  impose
driving  restrictions  additional  to  those 
in
paragraphs  2  and  3  on  condition  that  heavy  goods
vehicles  involved  in  international  transport  are  exempted
from  those  additional  driving  restrictions.

laid  down 

Article  2

For  the  purposes  of  this  Directive:

(˛)(cid:217)OJ  L  42,  23.2.1970,  p.  1.
(ˇ)(cid:217)OJ  L  92,  13.4.1996,  p.  23.

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5.(cid:218)(cid:217)On  other  roads  Member  States  may  impose  driving
restrictions  additional  to  those  laid  down  in  paragraphs  2
and  3.

6.(cid:218)(cid:217)Notwithstanding  paragraph  4  on 
trunk  roads
Member  States  may  impose  driving  restrictions  extending
the  time  limits  laid  down  in  paragraphs  2  and  3  on  heavy
international
goods  vehicles, 
transport,  provided  that  they  submit  evidence  that  such
additional  restrictions  can  be  justified  on  environmental,
road(cid:220)safety  or  social  grounds,  and  after  having  received
the  prior  consent  of  the  Commission  in  accordance  with
the  procedure  laid  down  in  Article  8.

including  undertaking 

The  evidence  shall  include  an  analysis  which  justifies  the
restrictions  as  a  proportional  measure  by  comparison
with  alternative  traffic  management  measures.

The  evidence  shall  quantify  the  effects  of  the  additional
restrictions  on  the  basis  of  one  or  more  of  the  following
criteria:

(a)(cid:217)relevant  statistics  and/or  estimates,  both  including
the  circulation  of  heavy  goods
and  excluding 
vehicles,  concerning 
traffic  density  on  weekends
during  different  periods  of  the  year  (summer,  winter,
during  holiday  periods)  and  possible  effects  on
congestion;

(b) relevant  statistics  and/or  estimates,  both  including
the  circulation  of  heavy  goods
and  excluding 
vehicles,  concerning  rates  of  accidents  both  during
periods  where  the  additional  restrictions  would  apply
and  at  times  when  no  restrictions  are  in  force;

(c) relevant  data  and/or  estimates  concerning 

the
exhaust  emissions  saved  by  additional  restrictions,
including  the  negative  effect  that  bans  may  have  on
the  emissions  of  diversionary  traffic  and  on  traffic
concentrated  on  periods  of  the  week  where  no
restrictions  apply;

(d) social 

the 

impact  of 

analysis  on 

additional
restrictions  on  the  average  working  conditions  of
drivers  of  heavy  goods  vehicles  registered  both  in
Member  States  where  these  restrictions  apply  and  in
into  account
the  other  Member  States, 
existing  Community  legislation  in  this  field.

taking 

(a)(cid:217)exceptionally  high  traffic  density 
example  during  holiday  periods;

is  expected,  for

(b) circulation  bans  for  a  limited  period  of  time  applying

to  cars,  notably  for  environmental  reasons;

(c) restrictions  for  maintenance  of 

infrastructure  are

deemed  necessary;

(d) restrictions  under  special  weather  conditions  are

required.

Article  4

Heavy  goods  vehicles  and/or  particular 
transport
operations  as  defined  in  the  Annex  shall  be  exempted
from  the  driving  restrictions  which  are  laid  down  in
accordance  with  Articles  3(2),  3(5),  3(6)  and  point  (a)  of
Article  3(7).

Article  5

1.(cid:218)(cid:217)Member  States  wishing  to  impose  extended  driving
restrictions  in  accordance  with  Article  3(6)  shall  present
a  request  to  the  Commission.

The  Commission 
in
shall  decide  on 
accordance  with  the  procedure  set  out  in  Article  8,
within  two  months  of  its  receipt.

such  request 

to 

States  wishing 

2.(cid:218)(cid:217)Member 
impose  driving
restrictions  in  accordance  with  Article  3(2),  3(3)  or  point
(a)  of  Article  3(7)  shall  notify  the  Commission,  giving
details  of  the  extent  of  those  restrictions,  including  the
public  holidays  on  which  such  driving  restrictions  shall
apply.

Article  6

on 

driving 

On  the  basis  of  the  information  provided  in  Article  5,  the
Commission  will  prepare  annually  by  30  November  a
report 
under
Articles  3(2),  3(3),  3(6)  and  point  (a)  of  Article  3(7)  for
heavy  goods  vehicles  performing  international  operations
on  the  trans(cid:220)European  road  network  for  the  forthcoming
year.

restrictions 

permitted 

Article  7

The  Commission  shall  adopt  any  amendments  necessary
to  adapt  the  Annex  in  accordance  with  the  procedure
laid  down  in  Article  8.

Article  8

7.(cid:218)(cid:217)Notwithstanding  paragraph  4,  Member  States  may,
as  regards  trunk  roads,  impose  special  driving  restrictions
on  heavy  goods  vehicles,  including  those  undertaking
international  transport,  on  those  days  and  roads  where:

The  Commission  shall  be  assisted  by  a  Committee  of  an
advisory  nature  composed  of  the  representatives  of  the
Member  States  and  chaired  by  the  representative  of  the
Commission.

C  198/20

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24.6.98

The  representative  of  the  Commission  shall  submit  to  the
Commission  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.

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

this  Directive  and 

Member  States  shall  determine  the  penalties  applicable  to
infringements  of 
take  all
necessary  measures  to  ensure  that  they  are  enforced.  The
penalties 
effective,
proportionate  and  dissuasive.  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  amendments  to  them  without  delay.

provide 

shall 

shall 

they 

for 

be 

Article  10

1.(cid:218)(cid:217)Member  States 
shall  adopt  and  publish,  by
31  December  1998,  the  laws,  regulations  and  adminis(cid:220)
trative  provisions  necessary  in  order  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  accom(cid:220)
panied  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  the  provisions  from  1  July
1999.

2.(cid:218)(cid:217)Member 
the
shall 
Commission  the  texts  of  the  provisions  of  national  law
which  they  adopt  in  the  field  governed  by  this  Directive.

communicate 

States 

to 

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.

Article  12

This  Directive  is  addressed  to  the  Member  States.

ANNEX

Transport  operations/types  of  vehicles  exempt  from  driving  restrictions

Vehicles  performing  combined  transport  operations  as  defined  in  Council  Directive  92/106/EEC(cid:216)(˛);

Certified  ATP  vehicles(cid:216)(ˇ)  transporting  a  load  of  ATP(cid:220)defined  perishable  foodstuffs;

Certified  ATP  tankers  for  the  transportation  of  liquid  milk  at  controlled  temperatures;

Vehicles  transporting  a  load  of  perishable  fruits  or  vegetables;

Vehicles  transporting  exceptional  loads  as  defined  by  Article  4(3)  of  Council  Directive  96/53/EC(cid:216)(—).

(˛)(cid:217)OJ  L  368,  17.12.1992,  p.  38.
(ˇ)(cid:217)As  defined  in  the  UN(cid:220)ECE  Agreement  on  the  international  carriage  of  perishable  foodstuffs  and  the  special  equipment

to  be  used  for  such  carriage  (ATP).

(—)(cid:217)OJ  L  235,  17.9.1996,  p.  59.