Commission Recommendation of 6 April 2004 on enforcement in the field of road safety (Text with EEA relevance)
Date: 2004-04-06
Institutions: European Commission
Subjects: accident prevention, administrative sanction, common transport policy, form, national planning, public awareness campaign, road safety, safety device, speed control, transport accident, transport regulations

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COMMISSION RECOMMENDATION

of 6 April 2004

on enforcement in the field of road safety

(Text with EEA relevance)

(2004/345/EC)

THE EUROPEAN COMMISSION,

Having regard to the Treaty establishing the European Com-
munity, and in particular Article 211 thereof,

Whereas:

Every year, approximately 40 000 people are killed on
the roads of the European Union. In the White Paper on
European transport policy for 2010: time to decide (1),
the Commission has set as its overall objective in terms
of road safety that this number of fatalities needs to be
halved by 2010.

The main causes of fatal accidents are speeding, driving
under the influence of alcohol (hereafter referred to as
drink-driving) and non-use of a seat belt. Cutting back
these causes of deaths on the roads would achieve more
than half of the intended 50 % reduction in fatalities.

(7)

(8)

(9)

From the same scientific sources it appears that enforce-
ment actions are only optimally effective if they are
combined with actions to make the public aware of such
enforcement actions and of the reasons why they are
being held.

In order to make an effective planning of the measures
to be taken following the Recommendation, Member
States should establish a national enforcement plan
which they should evaluate at regular intervals and if
necessary adapt.

Because of the potential serious consequences of the
violations dealt with by the Recommendation, Member
States should apply as a general policy that violations
are followed-up with effective, proportionate and dissua-
sive sanctions and not, as is currently sometimes the
case, for instance with respect to non-use of seat belts,
with only a warning.

It appears from research that enforcement is an impor-
tant and effective way of preventing and reducing acci-
dents, deaths and injuries.

(10) Acts which aim at hindering or undermining enforce-
ment should also be subject to effective sanctions.

The areas of speeding, drink-driving and non-use of seat
belts are well documented and analysed by several
research and study projects which provide information
on what is best practice in enforcement of the traffic
violations concerned.

An impact assessment study carried out concerning
proposals in line with the measures provided in this
Recommendation has found that the best enforcement
practices that it seeks to introduce in all EU Member
States have a considerable positive benefit-cost result.

These best practices are, with respect to speeding: the
use of automated speed enforcement systems, followed
up by procedures that have the necessary capacity to
cope with a large number of violations; with respect to
drink-driving: the application of random breath testing
with alcohol screening devices and the use of evidential
breath test devices; and with respect to seat belt use:
intensive enforcement actions of a certain duration and
which take place several times a year.

(1) COM (2003)370 of 12.9.2001.

(11)

(12)

In some cases,
imposing a remedial measure can be
appropriate, alongside or instead of a sanction; this can
for example be the case where an individual has a struc-
tural drinking problem.

In order to enable effective sanctioning also in cases of
serious and/or repeated violations that are committed in
another Member State than the Member State where the
car is registered, the Recommendation provides for a
mechanism for cross-border enforcement.

(13) With a view to identifying how effectively the Recom-
mendation is being implemented, Member States should
fill in a standard form with relevant information on the
details of the enforcement and information actions they
have carried out and, with a view to getting a better
picture of the situation on drugs-driving, also relevant
information in that area.. The information should be
sent to the Commission and exchanged between the
Member States. They should also provide information
concerning cross-border enforcement actions in which
they were involved.

(1)

(2)

(3)

(4)

(5)

(6)

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(14)

(15)

(16)

The Commission should draw up a report every two
years on the basis of this information provided by the
Member States.

(EEC)

forms,

together with

the
This Recommendation
proposed Directive on minimum conditions for the
implementation of Directive 2002/15/EC and Council
Regulations
3821/85
concerning social
legislation relating to road transport
activities (1), an enforcement package that aims at
considerably improving road safety in the European
Union and reducing the number of road fatalities and
injuries.

3820/85

(EEC)

and

6. ensure the application of random breath testing with an
alcohol screening device as a leading principle for surveil-
lance of drink-driving and in such a way as to guarantee
its effectiveness; with a view to this, in any event ensure
that random breath testing is carried out regularly in
places where and at times when non-compliance occurs
regularly and where this brings about an increased risk of
accidents, and ensure that officers carrying out random
breath testing checks use evidential breath test devices
whenever they suspect drink-driving;

This Recommendation aims at improving road safety
and reducing the number of deaths and injuries on the
roads in the European Union, through the implementa-
tion of national enforcement plans of the Member States
which contain measures of best practice in enforcement
and information of the public in the field of speeding,
drink-driving and non-use of seat belts,

7. ensure that intensive enforcement actions concerning the
non-use of seat belts with a duration of at least two weeks
take place at least three times a year, in places where non-
use occurs regularly and where there is an increased risk of
accidents, and ensure that the use of seat belts is enforced
in every individual case where non-use is observed and the
car is being stopped; these enforcement actions may take
place in combination with other
traffic enforcement
actions, such as those concerning speeding and drink-
driving;

HEREBY RECOMMENDS THAT MEMBER STATES:

1. set up a national enforcement plan containing the
measures they intend to take for the implementation of
this Recommendation and provide the Commission with
this national enforcement plan, which should contain the
information described in chapter I of the standard form
laid down in the annex;

2. evaluate regularly and may adapt the national enforcement
plan in accordance with relevant developments and
provide the Commission with information concerning
such adaptations;

3. ensure that enhanced enforcement actions described in
recommendations 4 to 7 will be combined with informa-
tion of the public, which will be given in the form of
publicity campaigns aiming at making the public conscious
of the subject concerned, which shall be held for each of
the three subjects of enhanced enforcement actions sepa-
rately, and in the form of roadside information concerning
concrete enforcement actions carried out on that road;

4. ensure that automated speed enforcement equipment is
used to check speeding on motorways, secondary roads
and urban roads and ensure that the checks are carried out
in such a way as to guarantee their effectiveness, namely
that they are carried out regularly on stretches of roads
where non-compliance occurs regularly and where this
brings about an increased risk of accidents;

5. provide for procedures assuring that all speeding violations
registered by the automated speed enforcement equipment
are followed-up;

(1) This proposal for a Directive (COM(2003) 628 final) is meant to
replace Directive 88/599/EEC on standard checking procedures for
the implementation of Regulation (EEC) No 3820/85 on the harmo-
nization of certain social legislation relating to road transport and
in road
Regulation (EEC) No 3821/85 on recording equipment
transport.

8. apply as a general policy that violations detected in the
course of the enhanced enforcement actions prescribed in
recommendations 4 to 7 are followed-up by the infliction
and execution of a sanction and/or a remedial measure and
ensure that sanctions applicable to speeding, drink-driving
and non-use of seat belts are effective, proportionate and
dissuasive, that acts which aim at hindering or circum-
venting enforcement are subject to sanctions based on the
same principles, that sanctions are more severe in the case
of repeated serious violations committed by the same
offender and that sanctions include the possibility of
suspension or withdrawal of the driving licence and of
immobilisation of the vehicle for serious violations;

9. assist one another in order to give proper effect to this
recommendation for which purpose every Member State
will designate an enforcement coordination point and
provide each other and the Commission with the coordi-
nates of this coordination point; the enforcement coordina-
tion points will be used for exchange of best enforcement
practices applied by Member States in the fields covered by
this recommendation and will also carry out the task of
communicating the information to the Commission as
described in recommendation 12, and shall moreover send
the same information to the coordination points of the
other Member States;

10. ensure that serious or repeated offences jeopardising road
safety committed by a non-resident driver are reported to
the competent authorities of the Member State in which
the vehicle is registered, through the enforcement coordi-
nation point concerned mentioned in recommendation 9,
which will keep record of such communications between
Member States;

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11. ensure that the competent authorities of the Member State
in which such serious or repeated offences have been
recorded will ask the competent authorities of the Member
State in which the vehicle is registered for appropriate
measures to be taken with regard to the offender and
ensure that in such cases, the latter Member State will
inform the first Member State about the follow up it has
given to the request, and ensure that the coordination
points mentioned in recommendation 9 will be used for
these contacts between Member States;

12. communicate the information on the implementation of
this recommendation and developments in the fields in
question to the Commission every two years, in accord-
ance with Chapter II of the standard form laid down in the
Annex; the first year covered by this report from Member
States will be the first full calendar year after the date of
publication of this recommendation; the information will
reach the Commission not
than 30 September
following the date on which the two-year period covered
by this report expires;

later

13. examine, at the end of the first two-year period mentioned
in recommendation 12,
the effectiveness of existing
national measures taken subsequent to this recommenda-
tion and inform the Commission of their findings.

THE COMMISSION HEREWITH COMMITS ITSELF:

1. to make the national enforcement plans mentioned in

recommendation 1 available to all Member States;

2. to make the information mentioned in recommendation 2

available to all Member States;

3. to produce a report every two years on the implementation
of this recommendation by Member States and develop-
ments in the fields in question, based on the information
from Member States mentioned in recommendation 12 and
forward the report to the Council and the European Parlia-
ment within 13 months after the end of the two-year period
covered by the report;

4. to evaluate, before the end of the third year after the date of
publication of this Commission recommendation, on the
basis of the information mentioned in recommendation 12,
whether improvements have been achieved in road safety to
the extent that, if such improvements continue, the objec-
tive of reducing the annual number of road deaths in the
EU by 50 % in the year 2010 is likely to be achieved;

5. to submit a proposal for a directive aiming at achieving the
objective of 50 % reduction, in the event that the improve-
ments described in the previous paragraph are not achieved.

Done at Brussels, 6 April 2004.

For the Commission

Loyola DE PALACIO

Vice-President

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ANNEX

STANDARD FORM MENTIONED IN RECOMMENDATION 1

I.

The national enforcement plan

The national enforcement plan mentioned in recommendation 1 will at least contain the following information:

1. With respect to the planning of speed enforcement:

(a) an inventory of all the stretches of road in the Member State where non-compliance with the maximum speed
limit occurs regularly and where this brings about an increased risk of accidents; this inventory shall include
the relevant national high-risk road sections as defined in the proposed Directive on the setting of national
guidelines for road infrastructure safety and their implementation on the Trans-European Road Network, from
the transposition date of that Directive;

(b) a planning of the application of automated speed enforcement equipment to the stretches of road contained in

this inventory containing the following information:

— the dates on which the use of such equipment will start for different stretches included in the inventory in

1(a)

— the date when all the stretches included in the inventory will be covered by such equipment.

2. With respect to the planning of random breath testing:

(a) a generic description of the places in the Member State where and the times when non-compliance with the
maximum blood alcohol level occurs regularly and where this brings about an increased risk of accidents; in
this description, due account will be taken of the specific risk of accidents that exists on rural roads;

(b) a planning of the application of random breath testing in accordance with recommendation 5 in the places and

at the times described in 1(a), above, containing the following information:

— the frequency with which random breath testing will take place in the places and at the times described in

1(a) above,

3. With respect to the planning of enforcement of restraint use:

(a) a generic description of the places in the Member State where non-use occurs regularly and where there is an

increased risk of accidents; in this respect, due account will be taken of towns and urban agglomerations;

(b) a planning of the application of intensive enforcement actions in the places described in 1(a), above, in accord-

ance with recommendation 6, containing the following information:

— the places where intensive enforcement actions will be held, their duration and the number of times per

year that they will be held.

II.

Information to be communicated following recommendation 12

Member States shall provide the Commission with the following information, for each of the two reporting years
separately (1):

1.

Information with respect to speed enforcement

1.1. A u toma te d spe e d en forc e me nt e qu i pme nt ( re c om men da ti on 4)

(a) number, kind and type of the equipment, applied to motorways, secondary roads and urban roads respectively,

and whether it is meant to be visible for drivers or not;

(b) number of hours, and periods during which checking was carried out with this equipment on the different

types of road;

(c) stretches of road where the equipment is applied.

(1) Where possible, the information should also be broken down between private and commercial vehicles.

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1.2. V i ol a ti on s

(a) number of speeding violations registered by automated equipment;

(b) number of violations referred to in (a) committed by drivers of foreign-registered cars;

(c) total number of speeding violations registered (including those registered by other enforcement methods);

(d) total number of violations meant in (c) committed by drivers of foreign-registered cars.

1.3. S a nc ti on s

(a) number of sanctions imposed for speeding violations registered by automated equipment;

(b) numbers of different types of such sanctions (e.g. fines, reduction/addition of points, suspension/withdrawal of
driving licence, immobilisation of vehicle, etc.), and further details, such as amount of the fines, number of
points, period of suspension, and for which violations;

(c) the information mentioned in (a) and (b) on such sanctions imposed on drivers of foreign-registered cars;

(d) the information mentioned in (b) and (c) with respect to sanctions imposed for speeding violations registered

by other enforcement methods;

(e) the information mentioned in (a), (b), (c) and (d) on sanctions effectively executed.

1.4. Inf or ma ti on w i th r e spe c t to the pr oce du re s de sc ri be d i n r ec omme nda ti on 5

(a) description in detail of the process of detection, prosecution and sanctioning of the speeding violations and
how far they are carried out through automated procedures; how long does it take for offenders to receive a
summons for paying a fine; what is the deadline for paying the fine; period and procedure for appeal (if
possible);

(b) does a fixed set of sanctions apply in such procedures; if so, which;

(c) who is liable to pay the fine: the owner of the car, the driver, or both, and in which order;

(d) is there still a role for the court in the procedure; if so, which;

(e) how long does it take for the entire procedure including execution of the sanction (average, minimum and

maximum duration);

(f) information concerning special challenges Member States have met with respect to the implementation of the

provisions concerning procedures of recommendation 5;

(g) any other information that Member States consider relevant for the implementation of these provisions.

1.5. Cou rt de ci si ons

The same information as mentioned in 1.3 with respect to court decisions concerning sanctions for speeding viola-
tions.

1.6. Cha ng e s i n the r ule s on spe e di n g

Detailed information on any changes in the national rules on speed limits that came into effect during the reporting
period.

1.7. O the r i n for ma ti on

Any other information that Member States consider relevant for the implementation of the provisions on speeding
enforcement including special challenges they have met with respect to the implementation of the provisions
concerned.

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2.

Information with respect to enforcement in the field of drink-driving

2.1. R a ndom br ea th te sti ng a nd e v i de nti a l br e a th te sti ng (r ec omme nda ti on 6)

(a) information concerning the places where and the times when random breath testing took place;

(b) number, kind and type of alcohol screening devices used for random breath testing;

(c) number of checks and periods during which random breath checking took place;

(d) the number of checks carried out with an evidential breath test device; information on the number, kind and

type of these devices available for the enforcement actions;

(e) information on number/percentage of the information of (b),( d) and (f) with respect to drivers not resident in

the Member State concerned;

(f) information on other ways of testing the blood-alcohol level, e.g. blood tests;

(g) information on drink-driving enforcement actions other than random checking actions, giving where possible

similar details as requested in the questions above.

2.2. V i ol a ti on s

(a) number of drink-driving violations registered in the course of random drink-driving enforcement actions;
numbers according to the equipment used for establishing the violations (alcohol screening device, evidential
breath test device or other, e.g. blood test);

(b) numbers of such violations committed by non-resident drivers.

(c) total number of drink-driving violations registered (including those registered in the course of other enforce-

ment actions);

(d) total number of such violations committed by non-resident drivers;

2.3. S a nc ti on s

(a) number of sanctions imposed for drink-driving violations registered in the course of random drink-driving

enforcement actions;

(b) numbers of different types of such sanctions (e.g. fines, reduction/addition of points, suspension/withdrawal of
driving licence, immobilisation of vehicle), and further details such as amount of the fines, number of points,
period of suspension, and for which violations;

(c) the information mentioned in (a) and (b) on such sanctions imposed on non-resident drivers;

(d) the information mentioned in (b) and (c) on sanctions imposed for drink-driving violations registered in the

course of other enforcement actions;

(e) information on sanctions imposed in cases where the driver refused to submit to a test;

(f) the information mentioned in (a), (b), (c), (d) and (e) on sanctions effectively executed.

2.4. Cou rt de ci si ons

The same information as mentioned in 2.3 with respect to court decisions concerning sanctions for drink-driving
violations.

2.5. Cha ng e s i n the r ule s on dr i nk- dr i v i n g

Detailed information on any changes in the national legal regime on drink-driving that came into effect during the
reporting period.

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2.6. O the r i n for ma ti on

Any other information that Member States consider relevant for the implementation of the provisions on enforce-
ment in the field of drink-driving, including special challenges they have met with respect to the implementation of
the provisions concerned.

3.

Information with respect to enforcement of restraint use (recommendation 7)

3.1. Inte nsi v e e nfor c eme nt a cti ons

(a) number of checks carried out in the intensive enforcement actions on the different types of road; also for

different types of checks (e.g. visual, camera);

(b) duration of the intensive enforcement actions, number of times per year and periods during which they were

held;

(c) whether or not the intensive enforcement actions were combined with enforcement of other traffic rules and if

so, which ones (e.g. speeding; drink-driving).

3.2. V i ol a ti on s

(a) number of seat belt and child restraint violations registered during intensive enforcement actions;

(b) number of such violations committed by drivers and passengers of foreign-registered cars;

(c) total number of seat belt and child restraint violations registered (including those registered at other occasions

than intensive enforcement actions);

(d) total number of such violations committed by drivers and passengers of foreign-registered cars.

3.3. S a nc ti on s

(a) number of sanctions imposed for seat belt and child restraint violations registered during intensive enforcement

actions;

(b) numbers of different types of such sanctions and further details, such as amount of fines, number of reduced/

added points, and for which violations;

(c) the information mentioned in (b) on such sanctions imposed on drivers and passengers of foreign-registered

cars;

(d) the information mentioned in (b) on sanctions imposed for seat belt and child restraint violations registered at

other occasions than intensive enforcement actions;

(e) the information mentioned in (d) on sanctions imposed on drivers and passengers of foreign-registered cars;

(f) the information mentioned in (a), (b), (c), (d) and (e) on sanctions effectively executed.

3.4. Cou rt de ci si ons

The same information as mentioned in 3.3 with respect to court decisions concerning seat belt and child restraint
violations.

3.5. Cha ng e s i n the r ule s on r estr a i nt u se

Detailed information on any changes in the national rules on restraint use that came into effect during the
reporting period.

3.6. O the r i n for ma ti on

Any other information that Member States consider relevant for the implementation of the provisions on restraint
use enforcement, including special challenges they have met with respect to the implementation of the provisions
concerned.

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4.

Information with respect to information of the public (recommendation 3)

4.1. Inf or ma ti on on pu bli ci ty c a mpa i g ns

(a) number, duration and contents of publicity campaigns for each of the different types of enhanced enforcement

actions, periods during which, places where they were held and/or communication media used;

(b) authorities in charge of the campaigns mentioned in a) and others involved in their creation and preparation.

4.2. Inf or ma ti on on en for ce me nt i nfor ma ti on a t th e roa d si de

(a) detailed relevant information with respect to these information actions, e.g. concerning their places (alongside

which types of road), numbers, contents, periods during which they are placed;

(b) authorities in charge of information actions mentioned in a) and others involved in their creation and prepara-

tion;

(c) information about enforcement actions in the three fields concerned on which the public is not informed (e.g.

hidden, unmarked cameras).

4.3. O the r i n for ma ti on

Any other information that Member States consider relevant for the implementation of the provisions on informa-
tion of the public, including special challenges they have met with respect to the implementation of the provisions
concerned.

5.

Information on the effects of the intensive enforcement actions

Numbers of accidents, road fatalities and road injuries before and after intensive enforcement and information
actions conducted in accordance with this Recommendation and, where possible, the influence of the separate
types of enforcement and/or information actions on these numbers.

6.

Information with respect to drugs-driving

6.1. Inf or ma ti on on the na ti ona l si tu a ti on

Any information about the legal and factual situation: national rules on drugs-driving, including drugs covered,
legal limits, testing methods, sanctions and enforcement practice; also rules not specifically on drugs-driving but
which can have a similar effect (e.g. provisions on the driving capability more in general).

6.2. Inf or ma ti on on a c ti ons un der ta ke n

Detailed information about concrete actions and best practice with respect to drugs-driving; (examples of such
actions are: applying standard tests for drugs and medicines on drivers who are involved in fatal accidents and
registering and monitoring the resulting data, conducting information or publicity campaigns about the potential
dangers of drugs-driving).

6.3. Cha llen g e s

Special challenges that Member States encounter in this field.

6.4. O the r i n for ma ti on

Any other information that Member States consider relevant in this respect.