Amended proposal for a Directive of the European Parliament and of the Council on the roadside inspection of the roadworthiness of commercial vehicles circulating in the Community
Date: 1999-10-14
Institutions: European Commission
Subjects: commercial vehicle, intra-EU transport, road safety, road transport, roadworthiness tests

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 14.10.1999
COM(1999) 458 final

98/0097 (COD)

Amended proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on the roadside inspection of the roadworthiness of commercial vehicles
circulating in the Community

(presented by the Commission pursuant to Article 250 (2) of the EC Treaty)

EXPLANATORY MEMORANDUM

A.

On 11 March 1998 the Commission submitted to the Council a proposal for a
Directive  on  the  roadside  inspection  of  the  roadworthiness  of  commercial
(COM(98)0117-C4-0346/98-
the  Community 
vehicles  circulating 
98/0097(SYN).

in 

On  29  July  1998  the  Economic  and  Social  Committee  gave  a  favourable
opinion.

On  17  February  1999  the  European  Parliament  gave  an  opinion  on  the
proposal at the first reading.

Although the Parliament was generally supportive of the proposal  it  adopted
seventeen amendments.

The  amendments  1,  3,  4,  5,  6,  7,  9,  10,  11,  15  and  17  are  acceptable  to  the
Commission as they clarify procedures for the application of the Directive and
do not impose any undue problems for the authorities.

The Parliament's main concern  lies in the application of  the Directive  in  that
they  fear  that  Member  States  may  not  apply  it  evenly.  The  proposed
amendments  2,  12  and  13  would  have  examiner  training,  infringement
penalties and technical and human resources harmonised as a condition of the
Directive's 
these  amendments  are  not
acceptable  because  such  harmonisation  between  Member  States  of  their
vehicle  examiners  training  (amendment  2  and  13),  the  level  of  penalties  for
defective vehicles (amendment 12 and 13) and the availability of technical and
human resources (amendment 13) would not be feasible in the short term.

implementation.  Consequently, 

The  Commission's  review  of  the  Directive's  implementation  will  include  an
assessment  of  the  proportion  of  vehicles  that  are  inspected  by  each  Member
State,  the  types  of  vehicles  that  are  inspected,  their  pass/failure  rate  and  a
breakdown  of  where  the  vehicles  were  registered.  Once  done  then  the
Commission will review whether further harmonisation is necessary. It would
be  impractical  and  politically  unfeasible  to  harmonise  these  measures  as  a
condition of the Directive's implementation.

Amendments 8 and 16 are both unacceptable, as they do not add anything to
the efficiency of the proposed measures. Vehicles should either pass or fail the
roadside inspection. Where there is doubt, then the vehicle can be tested at a
testing station. Having to tow defective vehicles to a testing station would not
add any benefit and would be needlessly time consuming.

Amendment  14  would  have  'vehicles  for  animal  transportation'  specifically
included  as  a  vehicle  group. This  is  not  acceptable  as  the  proposal's  vehicle
categorisation is by type of vehicle (truck, bus, etc.) and not by the nature of
the goods transported.

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B.

The Commission therefore modifies its proposal as follows:

Amendment 1 replaces the word 'operators' with 'undertaking' and is therefore
more comprehensive.

Amendment 3 requires the format of the inspection forms to be standardised to
reduce language difficulties, as information of a certain kind will then always
be  found  at  the  same  place,  even  when  it  is  in  another  language  and  is
therefore a procedural improvement.

Amendment 4 recognises that the roadworthiness inspections can be combined
with other statutory inspections and is acceptable.

Amendments  5  and  6  are  procedural,  the  former  requires  Member  States  to
notify  the  Commission  on  the  format  of  roadside  inspections,  and  the  latter
requires  the  Commission  to  notify  the  Parliament  of  the  results  of  the
programme's two year assessment. Both are acceptable.

Amendment  7  clarifies  the  action  to  be  taken  where  a  vehicle  has  recently
undergone an inspection and is acceptable.

Amendment 9 is a new clause that requires that a statistical record be made of
vehicles that successfully pass the inspection and that they be delayed for the
minimum time possible. This is acceptable.

Amendment 10 requires that details of the office which carries out the checks
and contact persons are provided between relevant Authorities. This provision
is envisaged on the 'check list' at Annex 1 and is therefore acceptable.

Amendment  11  establishes  that  prosecution  for  defective  vehicles  will  be
carried  out  according  to  the  law  of  the  Member  State  that  carried  out  the
inspection. As this is the general practice in all forms of law, the amendment is
obviously acceptable.

Amendment 15 and 17 introduce evidence of diesel fuel and/or oil spillage as
a reason for failure. This simple adaptation comes from the motorcycle lobby
who  are  anxious  to reduce the  real  hazard  of  fuel  spillage  to  motor  cyclists.
The amendment is acceptable.

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98/0097 (COD)

Amended proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on the roadside inspection of the roadworthiness of commercial vehicles
circulating in the Community

The  Commission  proposal  in  document  COM(98)0117  final  –  SYN  98/0097  is
amended as follows :

Text initially proposed by the
Commission

Amended text

Recital

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,

THE EUROPEAN PARLIAMENT AND
THE COUNCIL OF THE EUROPEAN
UNION,

Having regard to the Treaty establishing the
European Community, and in particular
points (c) and (d) of article 71(1) thereof

Having regard to the proposal from the
Commission,

Having regard to the proposal from the
Commission,

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

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,

Having regard to the opinion of the
Committee of the Regions

Acting in accordance with the procedure
referred to in Article 251 of the Treaty,

Amendment 1

Recital 8

(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
thereby enhancing the authorities’
operational effectiveness and
minimising the costs and delays to
drivers and operators ;

(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 thereby enhancing
the authorities’ operational effectiveness and
minimising the costs and delays to drivers
and undertakings ;

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Text initially proposed by the
Commission

Amended text

Amendment 3

Article 3(2)

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.

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. In order
to avoid language difficulties in connection
with inspections in the Member States, the
relevant forms shall be standardised.

Amendment 4

Article 3(3a) (new)

3a. Inspections consistent with this directive
may be combined with other inspections of
commercial vehicles in use on public roads.

Amendment 5

Article 4(1)

1. Member States shall organise
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.

1. Member States shall organise, in
consultation and after discussions with the
Commission, 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.

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Text initially proposed by the
Commission

Amended text

Amendment 6

Article 4(4)

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

4. Member States shall communicate to the
Commission every two years the number of
commercial vehicles checked, categorised
by type and country of registration,
including data on the reasons for failure. The
Commission shall forward this information
to the European Parliament.

Amendment 7

Article 5(1)

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.

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. Before carrying out a check on the
basis of the points set out in the checklist in
Annex I, the examiner shall take into
consideration the following documents,
where they are presented by the driver :
- the most recent certificate of
roadworthiness, and/or
- the most recent certificate of an officially
approved safety test and/or
- a recently issued report of a roadside
check.
If these certificates and/or this report show
that one of the points listed in Annex I has
already been subject to a check in the past
three months, this point will not be checked
again unless such check is justified
particularly in the light of a manifest defect
and/or manifest non-conformity.

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Text initially proposed by the
Commission

Amended text

Amendment 9

Article 5(3) (new)

3. Where it is decided not to ban the vehicle
from use on public roads, the competent
authorities shall ensure that the period
during which the vehicle is immobilised due
to an inspection is as short as possible. To
this end, a statistical analysis of such periods
shall be carried out.

Amendment 10

Article 6(1)

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

1. Member States shall assist one another in
the application of this Directive. In
particular, they shall provide each other with
details of the office(s) responsible for
carrying out the checks and of the names of
contact persons.

Amendment 11

Article 6(2)

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

2. Serious or repeated deficiencies of
vehicles of non-residents shall be reported to
the competent authorities in the Member
States in which the commercial vehicle is
registered or in which the undertaking is
established, without prejudice to the
possibility of prosecuting the offender in
accordance with the legislation in force in
the Member State in which the deficiency
was recorded.

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The competent authorities of the
Member States 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, or
any measures taken with regard to the
offender or offenders.

The competent authorities of the Member
States 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, or any measures
taken with regard to the offender or
offenders.

Amendment 15

Annex I, Checklist, point 13

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)

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)
– evidence of diesel fuel and/or oil spillage

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Text initially proposed by the
Commission

Amended text

Amendment 17

Annex II, second introductory paragraph

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 :

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, fuel and/or oil leaks
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 :

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