Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Directive 96/53/EC of 25 July 1996 laying down for certain road vehicles circulating within the Community the maximum authorised dimensions in national and international traffic and the maximum authorised weights in international traffic
Date: 2013-04-15
Institutions: European Commission
Subjects: carrying capacity, commercial vehicle, container, electric vehicle, energy saving, international road transport, reduction of gas emissions, safety standard, technical standard, weight and size

EUROPEAN 
COMMISSION 

Brussels, 21.5.2013  
COM(2013) 195 final/2 

2013/0105 (COD) 

CORRIGENDUM 
Annule et remplace le document COM(2013) 195 final du 15/04/2013 
Concerne la version anglaise, page 13, Article 9, paragraphe 4 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Directive 96/53/EC of 25 July 1996 laying down for certain road vehicles 
circulating within the Community the maximum authorised dimensions in national and 
international traffic and the maximum authorised weights in international traffic 

(Text with EEA relevance) 

{SWD(2013) 108 final} 
{SWD(2013) 109 final}

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

For  many  years  Council  Directive  96/53/EC  of  25  July  1996  laying  down  for  certain  road 
vehicles  circulating  within  the  Community  the  maximum  authorized  dimensions  in  national 
and  international  traffic  and  the  maximum  authorized  weights  in  international  traffic1  has 
satisfactorily contributed to the smooth operation of the internal market in road transport by 
setting  the  maximum  dimensions  and  weight  for  vehicles  for  the  national  and  international 
transport  of  goods  and  passengers.  It  also  indicates  the  conditions  under  which  derogations 
may be granted for the traffic of vehicles that exceeds these maximum dimensions. 

In  the  light  of  the  evolving  market  and  the  available  technologies,  the  question  today  is 
whether  the  choices  made  when  the  Directive  was  adopted  in  1996  are  still  relevant.  In 
particular, it has become crucial to reduce greenhouse gas emissions and the consumption of 
petroleum products in the field of transport, and even more crucial for road transport, which 
accounts  for  82%  of  the  energy  consumption  of  the  transport  sector.  The  steady  rise  in  the 
price  of  fuel  is  continuously  increasing  Europe's  energy  bill  and  prompt  us  to  identify 
solutions  to  reduce  vehicle  fuel  consumption.  The  White  Paper  on  Transport  Policy2 
published  in  2011  set  a  goal  of  reducing  greenhouse  gas  emissions  by  60%  by  2050  in 
comparison with 1990 levels.  

In  this  context,  the  White  Paper  announced  the  revision  of  the  Directive  on  the  maximum 
dimensions  and  weight  for  road  transport  vehicles,  with  the  aim  of  allowing  more  energy-
efficient, aerodynamic vehicles to be put on the market. Indeed, the improvement of vehicles’ 
aerodynamic  performances  and  the  installation  of  alternative  propulsion  systems,  hybrid  or 
electric,  is  only  possible,  within  the  limits  of  the  maximum  dimensions  and  weights 
authorized  by  the  current  Directive,  to  the  detriment  of  the  vehicle’s  commercial  load.  The 
hybrid  engine  or  the  batteries  carry  a  considerable  amount  of  excess  weight.  Tractor  cabs 
which  are  rounded  at  the  front  to  be  more  aerodynamic  will  be  longer.  The  installation  of 
streamlined flaps at the back of the vehicle will also increase its length. This reduction in the 
commercial  load  discourages  transporters,  shippers,  and  manufacturers  from  using  and 
developing vehicles that are more energy-efficient. 

The revision of the Directive also offers an opportunity to improve road safety by improving 
the streamlining of the cab, allowing a reduction of the driver’s blind spots, adding an energy-
absorbing  structure  in  case  of  shocks,  as  well as  increasing  the  driver’s  safety  and  comfort. 
This  would  help  spare  the  lives  of  numerous  vulnerable  users,  such  as  pedestrians  and 
cyclists, who the driver does not necessarily see when making manoeuvres. 

It is thus necessary to amend Directive 96/53/EC to improve the aerodynamics of vehicles and 
their  energy  efficiency,  while  continuing  to  improve  road  safety,  and  within  the  limits 
imposed by the geometry of road infrastructures.  
For example, some studies3 show that adding flaps of 1 m to 2 m in length at the rear of the 
vehicle would allow savings of between 5 and 10 % in fuel consumption at an average speed 
of 80 to 90 km/h. 

Furthermore, since the adoption of Directive 96/53/EC, the average weight of a bus passenger 
has  increased.  Moreover,  EU  legislation  has  made  onboard  safety  devices  mandatory,  the 

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3 

OJ L 235, 17.09.1996, p. 59. 
White Paper on Transport: Roadmap to a Single European Transport Area – Towards a competitive and 
resource efficient transport system - COM (2011) 0144 
TU Delft 2011 Study on the aerodynamics of heavy goods vehicles 

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weight of which must be offset by a corresponding reduction in the vehicle’s payload and thus 
the number of passengers transported. This is counter to the aim of reducing fuel consumption 
per  person  transported  and  also  counter  to  the  objective  aimed  at  shifting  from  individual 
vehicles to public transport, which is clearly better for the environment. 

Fuel savings and reducing polluting emissions are not the only motives for proposing to revise 
Directive 96/53/EC. 

Indeed,  Directive  96/53/EC  does  not  take  the  recent  developments  in  containerisation  and 
intermodal transport into account. Some containers used on rail, waterways, intercontinental 
maritime transport and maritime cabotage can thus currently only end their journeys by road, 
necessitating  special  permits  which  increase  the  administrative  costs  for  transporters  and 
administrations.  Yet  for  the  most  common  of  these  containers,  which  are  45 feet  (13.72 m) 
long, the length  of a  truck would  only need to be increased by 15 cm to avoid the need for 
these  special  permits,  which  would  not  pose  any  problems  in  terms  of  road  safety  or  the 
geometry of infrastructures. 

Finally, because the current Directive has no provisions on vehicle checks and the applicable 
penalties,  many 
the  Directive’s 
infringements  go  unpunished,  which  undermines 
requirements. The main infringement committed is overloading the vehicle. On average, one 
in  three  vehicles  checked  is  overloaded.  These  excess  loads  often  exceed  the  maximum 
authorized weight by 10 or even 20%. This causes premature wear and tear of surfaces and 
increases  the  risk  of  accidents  on  the  road.  It  also  distorts  competition  between  transport 
companies, because the fraudsters can illegally gain undue competitive advantages. Yet, there 
are technical filtering solutions available that make it possible to conduct more and faster and 
more  effective  checks,  without  needing  to  stop  all  the  vehicles  that  are  to  be  checked.  On-
board  weighing  systems  also  exist  which  allow  the  driver  him-  or  herself  to  ensure  the 
standards imposed are  respected.  It  is therefore necessary to add provisions on controls and 
penalties  to  Directive  96/53/EC  to  re-establish  compliance  with  the  rules  of  competition 
between  transporters,  to  ensure  a  good  level  of  road  safety  and  the  durability  of  the 
infrastructure.  

Some  stakeholders  raised  questions  about  the  interpretation  of  Article  4  of  Directive 
96/53/EC. In the light of these questions, Vice-President Kallas sent a letter on 13 June 2012 
to  the  Chairman  of  the  Committee  on  Transport  of  the  European  Parliament.  This  letter 
offered guidance on this subject and considered that the cross-border use of longer vehicles is 
lawful for journeys that only cross one border, if the two Member States concerned already 
allow  it,  and  if  the  conditions  for  derogations  under  Article  4(3),  (4)  or  (5)  of  Directive 
96/53/EC  are  met.  This  use  should  not  have  any  significant  impact  on  international 
competition. To reflect the guidelines given in that letter, this revision includes the provisions 
regarding Article 4(4) in the text of the Directive. 

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

The Commission organised public and sectoral consultations in 2011 and 2012.  

The  public  consultation  organised  from  December 2011  to  February  2012  yielded  over  a 
thousand  contributions  from  citizens,  Member  States  and  different  professional  and  non-
governmental organisations. The consultation allowed the following opinions to be identified:  

(i) the improved aerodynamic performance of heavy goods vehicles is unanimously welcomed 
as  progress  and  most  of  the  contributions  believed  that  Directive 96/53/EC  should  be 
amended to allow this improvement.  

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(ii)  The  idea  of  facilitating  the  introduction  of  hybrid  or  electric  engine  types,  and  the 
development  of  containerisation  and  intermodality  by  amending  Directive  96/53/EC,  are 
largely approved.  

(iii) The establishment of measures to check overloading is welcomed by the profession since 
it restores fair competition between transporters, and it appears essential to give the Member 
States  the  means  to  conduct  such  checks  without  increasing  their  financial  burden  or 
disrupting or delaying traffic.  

Based  on  the  results  of  this  public  consultation,  the  Commission  held  working  seminars 
bringing  together  vehicle  manufacturers,  transporters  and  shippers,  combined  transport 
stakeholders, road control bodies and road safety stakeholders. Those consultations produced 
a  consensus  on  targets  for  reducing  pollution  and  fuel  consumption  and  for  improving  road 
safety,  and  an  agreement  for  opening  up  to  new  possibilities  of  intermodal  transport.  A 
consensus  was  also  reached  on  the  need  to  step  up  checks,  particularly  on  possible 
overloading of vehicles. In the area of aerodynamic performance, more streamlined cabs and 
the installation at the back of vehicles of equipment to reduce the drag effect are desirable. A 
limited  adaptation  of  the  maximum  weights  and  dimensions,  accompanied  by  appropriate 
signposting for the dimensions, does not seem to present any risk to road safety. 

The measures presented in this revision are the result of these consultations.  

They  were  examined  in  an  impact  assessment,  which  allowed  the  best  options  in  terms  of 
economic and environmental efficiency to be selected. The option selected, described in detail 
in  paragraph  4  below,  combines  technical  harmonisation  work  conducted  with  a  group  of 
experts with a view to adopting delegated acts and a moderate regulatory approach, to avoid 
imposing  disproportionate  or  inapplicable  obligations,  which  would  penalise  small  and 
medium-sized enterprises in particular. 

The  consultation  also  concerned  Article  4  of  Directive  96/53/EC,  which  determines  the 
conditions  to  meet  to  benefit  from  derogations  from  the  limits  imposed  by  the  Directive, 
which  can  be  determined  by  the  Member  States  in  certain  well-defined  cases.  Differences 
emerged concerning international traffic for vehicles which exceed the dimensions laid down 
in the Directive. The Commission has therefore decided to make its own orientations on the 
current  Directive  public  (letter  dated  13  June  2012  to  the  President  of  the  Committee  on 
Transport  of  the  European  Parliament).  The  guidance  relative  to  Article  4(4)  is  reflected  in 
Article 1(2) of this proposal. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

The  proposal  for  amending  Directive  96/53/EC  is  based  on  Article  91  of  the  Treaty  on  the 
Functioning  of  the  European  Union  (TFEU).  Improving  the  efficiency  and  environmental 
performance of road transport is indeed an essential goal of the common transport policy. The 
harmonisation of rules at European level is also a continuing demand of the profession. 

This proposal is in keeping with the principles of subsidiarity and proportionality. Given the 
importance of transport for the functioning of the internal market, its increasing cross-border 
dimension  and  the  increasing  fuel  costs  and  greenhouse  gas  emissions,  provisions  are 
essential  to  increase  the  fuel-efficiency  of  road  transport,  reduce  its  environmental  impact, 
and ensure compliance with the rules. 

The proposal leaves the Member States free to decide on derogations from the rules contained 
therein  as  far  as  national  transport  is  concerned.  It  establishes  a  Committee  to  assist  the 
Commission  in  drawing  up  the  requirements  in  relation  to  aerodynamics,  along  with 

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guidelines  on  checking  policy  procedures  and  penalties  adapted  to  the  infringements 
committed. The proposal therefore does not exceed what is required to achieve its objective. 

As the amendment of an existing directive is proposed, the instrument proposed is a directive. 
The proposal concerns a matter relevant to the European Economic Area and should therefore 
be extended to the EEA. 

Finally, this proposal has no implications for the Union budget. 

4. 

DETAILED EXPLANATION OF THE PROPOSAL 

The  Commission  proposal  intends  first  of  all  to  grant  derogations  from  the  maximum 
dimensions of vehicles for the addition of aerodynamic devices to the rear of vehicles or to 
redefine the geometry of the cabs for tractors. These derogations open up new prospects for 
manufacturers  of  tractors,  lorries  and  trailers  but  must  meet  certain  requirements,  one  of 
which  is  not  to  increase  the  load  capacity  of  vehicles.  The  Commission  will,  with  the 
assistance of a Committee, specify these requirements at a later stage. The requirements will 
ensure  compliance  with  road  safety  rules  and  the  constraints  imposed  by  infrastructure  and 
traffic flow. In addition to the reduction of fuel consumption and greenhouse gas emissions, 
streamlining of cabs must also improve the drivers’ field of vision, and thus save around 400 
lives each year in Europe. The drivers’ comfort and safety will also be increased.  

The Commission will amend Commission Regulation (EU) 1230/2012 of 12 December 2012 
implementing Regulation 661/2009 with regard to the requirements for the type-approval of 
motor vehicles, in order to make them compatible with this proposal for a Directive. 

The proposed Directive plans to authorise a weight increase of one tonne for vehicles with an 
electric  or  hybrid  propulsion,  to  take  account  of  the  weight  of  batteries  or  the  dual 
motorisation,  without  prejudice  to  the  load  capacity  of  the  vehicle.  Furthermore,  the 
maximum  weight  of  buses  will  be  increased  by  a  tonne  to  take  account  of  various 
developments such as the increase in the average weight of passengers and their baggage, of 
new equipment imposed by the safety regulations, and the new Euro VI class.  

The amendment of Directive 96/53/EC will facilitate the development of intermodal transport 
by allowing a derogation of 15 cm in the length of trucks carrying 45-foot containers, which 
are increasingly used in intercontinental and European transport. 

The proposal also confirms that cross-border use of longer vehicles is lawful for journeys that 
only  cross  one  border,  if  the  two  Member  States  concerned  already  allow  it  and  if  the 
conditions for derogations under Article 4(3), (4) or (5) of the Directive are met. Concerning 
Article 4(4), these operations do not have a significant impact on international competition if 
the cross-border use remains limited to two Member States and the existing infrastructure and 
the road safety situation allow it. Article 4(4) is amended accordingly. 

New  provisions  will  be  added  to  Directive  96/53/EC  to  enable  the  inspection  authorities  to 
better  detect  infringements  and  harmonise  administrative  penalties  that  apply  to  them.  The 
Commission  will  publish  guidelines  on  inspection  procedures  to  ensure  harmonisation  of 
inspection  methods  between  all  Member  States.  Member  States  must  carry  out  a  minimum 
number of vehicle checks, using either weighing systems built into the road or by means of 
onboard  sensors  in  vehicles  which  communicate  remotely  with  roadside  inspectors.  These 
measurements will allow the inspection authorities to filter the vehicles, so that only vehicles 
strongly suspected of infringement are stopped for manual inspection. The Commission will 
define  the  technical  standards  for  onboard  weighing  devices  that  can  communicate  with  the 
inspection  authorities,  particularly  the  standards  for  the  electromagnetic  communication 

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interface. This will encourage the spread of such devices. They offer the additional advantage 
of enabling drivers to better control the weight of their vehicles. 

Infringements of Directive 96/53/EC are classified by their degree of severity to harmonise at 
EU level the types of administrative penalties applicable. 

In order to accelerate the introduction of vehicles that are more aerodynamic and have hybrid 
motorisation, the Commission will use the budgets at its disposal, in particular those allocated 
to  trans-European  networks  and  the  EU  programmes  for  research,  development  and 
innovation, to help industrial research, and equipping vehicle fleets.  

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2013/0105 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Directive 96/53/EC of 25 July 1996 laying down for certain road vehicles 
circulating within the Community the maximum authorised dimensions in national and 
international traffic and the maximum authorised weights in international traffic 

(Text with EEA relevance) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 91 thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national Parliaments, 
Having regard to the opinion of the European Economic and Social Committee4,  
Having regard to the opinion of the Committee of the Regions5,  

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

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6 

The  White  Paper  ‘Roadmap  to  a  Single  European  Transport  Area  –  Towards  a 
competitive  and  resource  efficient  transport  system’  published  in  20116  emphasised 
the  need  to  reduce  greenhouse  gas  emissions,  particularly  carbon  dioxide  (CO2) 
emissions, by 60% in comparison with 1990 levels by 2050. 

In  this  context,  the  White  Paper  proposed  to  adapt  Council  Directive  96/53/EC  of 
25 July 1996 laying down for certain road vehicles circulating within the Community 
the  maximum  authorised  dimensions  in  national  and  international  traffic  and  the 
maximum  authorised  weights  in  international  traffic  in  the  aim  of  reducing  energy 
consumption  and  greenhouse  gas  emissions,  so  as  to  adapt  the  legislation  to 
technological  developments  and  changing  market  needs  and  to  facilitate  intermodal 
transport. 

Technological developments include the possibility of attaching retractable or foldable 
aerodynamic devices to the rear of vehicles, mainly trailers or semi-trailers, but which 
then exceed the maximum lengths allowed under Directive 96/53/EC. This equipment 
may  be  installed  as  soon  as  this  Directive  enters  into  force,  as  the  products  are 
available on the market and already used in other continents. 

The improved aerodynamics of the cabs of motor vehicles would also allow significant 
gains  on  the  energy  performance  of  vehicles,  in  conjunction  with  the  devices 
mentioned  in  recital  3  above.  However,  this  improvement  is  impossible  under  the 

OJ C , , p. . 
OJ C , , p. . 
COM (2011) 0144: -  

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(5) 

(6) 

(7) 

(8) 

(9) 

current maximum lengths set by Directive 96/53/EC without reducing the vehicle load 
capacity  and  threatening  the  economic  equilibrium  of  the  sector.  Therefore  a 
derogation from this maximum length is required.  
In its policy orientations on road safety 2011-20207, the Commission set out measures 
to  make  vehicles  safer  and  better  protect  vulnerable  road  users.  The  importance  of 
visibility  for  vehicle  drivers  was  also  underlined  in  the  Commission’s  report  to  the 
European Parliament and the Council on the implementation of Directive 2007/38/EC 
on the retrofitting of mirrors to heavy goods vehicles registered in the Community8. A 
new  cab  profile  will  also  contribute  to  improving  road  safety  by  reducing  the  blind 
spot in the drivers’ vision, including under the windscreen, which should help save the 
lives of many vulnerable road users such as pedestrians or cyclists. This new profile 
could  also  incorporate  energy  absorption  structures  in  the  event  of  a  collision.  The 
potential gain in the volume of the cab would also improve the driver’s comfort and 
safety. 

Aerodynamic devices and their installation in vehicles must be tested before being put 
on  the  market.  To  this  end,  Member  States  are  to  issue  certificates  that  will  be 
recognised by other Member States. 

Longer  vehicles  may  be  used  in  cross-border  transport  if  the  two  Member  States 
concerned already allow it and if the conditions for derogation under Article 4(3), (4) 
or  (5)  of  the  Directive  are  met.  The  European  Commission  has  already  provided 
guidance  on  the  application  of  Article  4  of  the  Directive.  The  transport  operations 
referred to in Article 4(4) do not have a significant impact on international competition 
if  the  cross-border  use  remains  limited  to  two  Member  States  where  the  existing 
infrastructure  and  the  road  safety  requirements  allow  it.  This  balances  the  Member 
States’ right under the principle of subsidiarity to decide on transport solutions suited 
to their specific circumstances with the need to prevent such policies from distorting 
the internal market. The provisions of Article 4 (4) are clarified in this respect. 

Using alternative engines that no longer rely only on fossil fuels and are therefore non-
polluting or less polluting, such as electric or hybrid engines for heavy-duty vehicles 
or  buses  (mainly  in  urban  or  suburban  environments)  generates  extra  weight  which 
should  not  be  counted  at  the  expense  of  the  effective  load  of  the  vehicle  so  that  the 
road transport sector is not penalised in economic terms. 

The  White  Paper  on  Transport  also  stresses  the  need  to  monitor  developments  in 
intermodal  transport,  particularly  in  the  area  of  containerisation,  where  45-foot 
containers are increasingly used. They are transported by rail or inland waterways. But 
the road components of intermodal journeys can only be undertaken today if both the 
Member States and the transporters follow cumbersome administrative procedures or 
if these containers have patented chamfered corners, the cost of which is prohibitive. 
Increasing the length of the vehicles transporting them by 15 cm could eliminate these 
administrative procedures for transporters and facilitate intermodal transport, without 
risk or prejudice to the infrastructure or other road users. The small increase that this 
15 cm  represents  in  relation  to  the  length  of  an  articulated  truck  (16.50  m)  does  not 
constitute an additional risk to road safety. In the policy orientation of the White Paper 
on  Transport,  this  increase  is  however  authorised  only  for  intermodal  transport,  for 
which  the  road  component  does  not  exceed  300 km  for  operations  involving  a  rail, 
river  or  sea  component.  This  distance  appeared  sufficient  to  link  an  industrial  or 

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COM(2010) 389 
COM (2012) 258 

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commercial site with a freight terminal or a river port. To link a seaport and support 
the  development  of  motorways  of  the  sea,  a  longer  distance  is  possible  for  a  short 
intra-European maritime transport operation. 

(10)  To further promote intermodal transport and take into account the unladen weight of 
45-foot containers, the provision authorising the circulation of 44-tonne combinations 
of  vehicles  with  5  or  6  axles  transporting  40-foot  containers  in  intermodal  transport 
should be extended to those carrying 45-foot containers. 

(11)  Since the  adoption  of  Directive 96/53/EC, the average  weight of bus passengers and 
their luggage has increased substantially, leading to a gradual reduction in the number 
of passengers carried, given the weight limits imposed by the Directive. The need to 
promote  public  transport  over  private  transport  in  the  interests  of  better  energy 
efficiency means that the previous number of bus passengers must be re-established, 
taking into account this increase in their weight and that of their luggage. This can be 
done by increasing the authorised weight for buses with two axles, within limits that 
nonetheless ensure that the infrastructure is not damaged through faster erosion. 

(12)  The  authorities  responsible  for  enforcing  road  transport-related  requirements  note  a 
high number of infringements, sometimes serious, particularly in relation to the weight 
of  transport  vehicles.  This  situation  stems  from  the  insufficient  number  of  checks 
conducted  under  Directive 96/53/EC,  or  from  their  inefficiency.  Furthermore,  the 
procedures  and  rules  for  checks  differ  between  Member  States,  creating  legal 
uncertainty  for  drivers  of  vehicles  operating  in  several  Member  States  of  the  Union. 
Furthermore, transporters that do not comply with the relevant rules enjoy a significant 
competitive advantage over competitors that do comply with the rules, and over other 
modes of transport. This situation constitutes an obstacle to the proper functioning of 
the internal market. It is therefore important that Member States increase the pace of 
checks carried out, both the manual checks and the pre-selections for manual checks.  

(13)  Simple  technological  solutions,  fixed  or  mobile,  are  now  available  that  allow 
inspectors  to  preselect  vehicles  suspected  of  infringements  without  stopping  the 
vehicles  in  question,  which  is  less  disadvantageous  in  terms  of  traffic  flow,  less 
onerous and allows optimal safety conditions. Some devices may be installed onboard 
heavy goods vehicles and give the driver a way of checking whether his or her vehicle 
is  compliant  with  the  law.  These  onboard  devices  may  also  use  a  microwave 
communication  interface  to  communicate  their  data  to  officials  or  to  roadside 
automatic  inspection  systems  without  stopping  the  vehicle.  The  pre-selection  should 
have a minimum threshold of one weighing per 2 000 vehicle kilometres to ensure the 
effectiveness of the roadside checks on the territory of the Union, because this would 
allow every vehicle to be checked on a statistical average of every three days. 

(14)  The  observation  of  a  high  number  of 

infringements  of 

the  provisions  of 
Directive 96/53/EC  is  to  a  large  extent  due  to  the  non-deterrent  level  of  penalties 
prescribed  by  Member  States’  legislation  for  violations  of  these  rules,  or  even  the 
absence  of  any  such  penalties.  This  weak  point  is  further  compounded  by  the  wide 
variety  in  the  levels  of  administrative  penalties  applicable  in  the  different  Member 
States.  To  remedy  these  weak  points,  the  levels  and  categories  of  administrative 
penalties  for  infringements  of  Directive 96/53/EC  should  be  approximated  at  Union 
level. These administrative penalties should be effective, proportionate and dissuasive. 

(15)  The inspection authorities in the Member States must be able to exchange information 
to  make  checking  the  weight  of  vehicles  or  vehicle  combinations  more  effective  at 
international level, and to facilitate the smooth operation of these checks, in particular 

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the  identification  of  offenders,  the  description  of  offences  and  penalties  applied,  and 
the state of good repute of the undertaking concerned. The contact point designated in 
accordance  with  Article  18(1)  of  Regulation  1071/2009/EC  of  the  European 
Parliament  and  of  the  Council  of  21  October  2009  establishing  common  rules 
concerning  the  conditions  to  be  complied  with  to  pursue  the  occupation  of  road 
transport  operator  and  repealing  Council  Directive  96/26/EC9  could  serve  as  a  relay 
for this exchange of information. 

(16)  The European Parliament and the Council should be regularly informed of the checks 
on  road  traffic  carried  out  by  the  Member  States.  This  information,  provided  by  the 
Member States, will enable the Commission to ensure compliance with this Directive 
by  hauliers  and  to  define  whether  or  not  additional  coercive  measures  should  be 
developed. 

(17)  The  Commission  should  be  empowered  to  adopt  delegated  acts,  in  accordance  with 
Article  290  of  the  Treaty  on  the  Functioning  of  the  European  Union,  to  define  the 
requirements imposed on new aerodynamic devices placed in the rear of the vehicle or 
the design of new motor vehicles, as well as the technical specifications to ensure full 
interoperability  of  onboard  weighing  devices,  and  guidelines  on  the  procedures  for 
checking  the  weight  of  vehicles  in  circulation.  It  is  particularly  important  that  the 
Commission carry out appropriate consultations during its preparatory work, including 
at expert level. The Commission, when preparing and drawing-up delegated acts, shall 
ensure a simultaneous, timely and appropriate transmission of relevant documents to 
the European Parliament and Council. 

(18)  Since the objectives of this Directive cannot be sufficiently achieved by the Member 
States and can therefore, by reason of the scale and effects of this Directive, be better 
achieved  at  Union  level,  the  Union  may  take  the  necessary  measures,  in  accordance 
with  the  principle  of  subsidiarity  as  set  out  in  Article  5  of  the  Treaty  on  European 
Union.  In  accordance  with  the  principle  of  proportionality,  as  set  out  in  the  same 
Article,  this  Directive  does  not  exceed  what  is  necessary  in  order  to  achieve  that 
objective. 

(19)  Directive 96/53/EC should therefore be amended accordingly, 

HAVE ADOPTED THIS DIRECTIVE:  

Directive 96/53/EC is hereby amended as follows: 

Article 1 

1) 

The following definitions are added to the first subparagraph of Article 2: 

- ‘hybrid propulsion vehicle’ means a vehicle within the meaning of Directive 2007/46/EC of 
the European Parliament and of  the Council of 5 September 2007 establishing a  framework 
for the approval of motor vehicles and their trailers, and of systems, components and separate 
technical  units  intended  for  such  vehicles10,  equipped  with  one  or  more  traction  motor(s) 
operated  by  electric  power  and  not  permanently  connected  to  the  grid  and  one  or  more 
traction motor(s) operated by internal combustion; 

-  ‘electric  vehicle’  means  a  vehicle  within  the  meaning  of  Directive  2007/46/EC  of  the 
European  Parliament  and  of  the  Council  of 5  September  2007  establishing  a  framework  for 
the  approval  of  motor  vehicles  and  their  trailers,  and  of  systems,  components  and  separate 

9 
10 

OJ L 300, 14.11.2009, p. 51. 
OJ L 263, 9.10.2007, p. 1. 

EN 

10 

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technical  units  intended  for  such  vehicles11,  equipped  with  one  or  more  traction  motor(s) 
operated by electric power and not permanently connected to the grid;  

-  ‘intermodal  transport  unit’  means  a  unit  belonging  to  one  of  the  following  categories: 
container, swap body, semi-trailer; 

2)  Article 4 is amended as follows: 

(a)  The word ‘national’ is deleted from points (a) and (b) of paragraph 1. 

(b)  The first phrase of the second subparagraph of Article 4(4) is replaced by the 

following phrase: 

‘Transport  operations  shall  be  considered  to  not  significantly  affect  international 
competition  in  the  transport  sector  if  they  take  place  on  the  territory  of  a  Member 
State or, for a cross-border operation, between only two neighbouring Member States 
who have both adopted measures taken in application of this paragraph, and if one of 
the conditions under (a) and (b) is fulfilled:’ 

Article 4(6), Article 5(b) and Article 8a are deleted. 

Article 5 is amended as follows: the words ‘Without prejudice to Article 4 (6):’ are 
deleted. 

The  references  to  Council  Directive  70/156/EEC  are  replaced  by  a  reference  to 
Directive 2007/46/EC12. 

Article 8 is replaced by the following: 

Article 8  

With the aim of improving the aerodynamic performance of vehicles or combinations 
of vehicles, vehicles or combinations of vehicles equipped with devices that meet the 
criteria set out below may exceed the maximum lengths provided for in point 1.1 of 
Annex I. The only purpose of these exceedances is to allow the addition to the rear of 
their  aerodynamic 
vehicles  or  vehicle  combinations  of  devices 
characteristics.  

increasing 

3) 

4) 

5) 

6) 

1. 

2. 

The performance and safety requirements to be met by the devices referred to in the 
first paragraph are as follows: 

– 

– 

significant improvement in the aerodynamic performance of the vehicles,  

in terms of road safety and safety of intermodal transport, in particular:  

(i)  secure  attachment  of  the  devices  in  such  a  way  as  to  reduce  their  risk  of 
their detachment over time 

(ii)  day  and  night  markings,  effective  even  in  poor  weather  conditions,  that 
allows other road users to gauge the external bodywork of the vehicle,  

(iii) a design that limits the risks for other vehicles and their passengers in the 
event of collision,  

(iv) the device does not significantly increase the risk of being overturned by 
crosswinds; 

11 
12 

OJ L 263, 9.10.2007, p. 1. 
Directive 2007/46/EC of the European Parliament and of the Council establishing a framework for the 
approval of motor vehicles and their trailers, and of systems, components and separate technical units 
intended for such vehicles 

EN 

11 

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– 

integration into existing networks, in particular  

(i)  the  maintenance  of  the  manoeuvrability  of  vehicles  or  combinations  of 
vehicles on urban and inter-urban road infrastructures,  

(ii) the inclusion of the trailers and semi-trailers concerned in the rail, river and 
sea units during intermodal transport operations,  

(iii) these devices can be easily folded, retracted or removed by the driver. 

The exceedances of maximum lengths do not increase the capacity of vehicles 
or combinations of vehicles.  

Before  being  put  on  the  market,  the  additional  aerodynamic  devices  and  their 
installation on vehicles shall be authorised by the Member States, which shall issue a 
certificate  to  this  effect,  attesting  compliance  with  the  requirements  mentioned  in 
paragraph  2  above  and  indicating  that  the  device  contributes  significantly  to 
improving aerodynamic performance. The certificates of authorisation issued in one 
Member State shall be recognised by the other Member States.  

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article  16,  to  complement  the  requirements  referred  to  in  paragraph  2.  These  shall 
take  the  form  of  technical  characteristics,  minimum  levels  of  performance,  design 
constraints, and procedures for the establishment of the test certificate referred to in 
paragraph 3. 

Pending the adoption of the delegated acts, the vehicles or combinations of vehicles 
equipped with aerodynamic devices to the rear, which meet the requirements referred 
to  in  paragraph  2  and  were  tested  in  accordance  with  paragraph  3  may  circulate  if 
their length exceeds the length laid down in Annex I, point 1.1 by no more than two 
metres. This transitional measure shall apply from the date of entry into force of this 
Directive. 

3. 

4. 

5. 

7) 

Article 9 is replaced by the following: 

Article 9  

1. 

2. 

In the aim of improving the aerodynamic performance and road safety of vehicles or 
combinations of vehicles, vehicles or combinations of vehicles that meet the criteria 
set  out  in  paragraph  2  below  may  exceed  the  maximum  lengths  provided  for  in 
point 1.1  of  Annex  I.  The  main  purpose  of  these  exceedances  is  to  allow  the 
construction of tractor cabs improving the aerodynamic characteristics of vehicles or 
combinations of vehicles, and improving road safety. 

The performance and safety requirements to be met by the cabs referred to in the first 
paragraph are as follows: 

- improved aerodynamic performance of the vehicles, 

-  enhanced  road  safety  and  security  in  intermodal  transport,  in  particular  to  ensure 
that the front of the cab  

(i) makes vulnerable road users more visible to the driver, in particular by reducing 
the blind spot under the front windscreen 

(ii) reduces the damage in the event of a collision,  

-  the  manoeuvrability  of  vehicles  or  vehicle  combinations  in  infrastructure  and 
without imposing restrictions on the use of vehicles in intermodal terminals, 

EN 

12 

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- the comfort and safety of the drivers. 

The  exceedances  of  the  maximum  length  shall  not  lead  to  the  increase  in  the  load 
capacity of vehicles or combinations of vehicles.  

Before  they  are  put  on  the  market,  the  aerodynamic  performance  of  new  motor 
vehicle designs shall be tested by Member States, who will issue a certificate to this 
end.  This  will  certify  compliance  with  the requirements  of  paragraph  2  above.  The 
test certificates issued in one Member State shall be recognised by the other Member 
States.  

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article  16, to  complement the requirements  which  the  new  tractor  cabs  must  meet, 
and  which  are  referred  to  in  paragraph  2.  These  shall  take  the  form  of  technical 
characteristics,  minimum  levels  of  performance,  design  constraints,  and  procedures 
for the establishment of the test certificate referred to in paragraph 3. 

In  Article  10,  the  words  ‘from  the  date  in  Article  11’  are  replaced  by  the  words 
‘17 September 1997’. 

Article 10a is replaced by the following: 

3. 

4. 

8) 

9) 

Article 10a 

The maximum weights of vehicles with hybrid propulsion or fully electric propulsion 
shall be those set out in Annex I, point 2.3.1. 

The vehicles with hybrid or electric propulsion must however comply with the limits 
set out in Annex I point 3: maximum authorized axle weight. 

10) 

Article 11 is replaced by the following:  

Article 11  

The maximum dimensions laid down in Annex I points 1.1 and 1.6 may be exceeded 
by 15 cm for vehicles or combinations of vehicles engaged in the transport of 45-foot 
containers or swap bodies, if the road transport of the container or swap body is part 
of an intermodal transport operation.  

For  the  purposes  of  this  Article,  and  of  point  2.2.2(c)  of  Annex  I,  an  intermodal 
transport  operation  shall  include  at  least  rail,  river  or  sea  transport  at  least.  It  shall 
also include a road section for its initial and/or terminal journey. Each of these road 
sections shall be less than 300 km in the territory of the European Union or just as far 
as  the  closest  terminals  between  which  there  is  a  regular  service.  A  transport 
operation  shall  also  be  regarded  as  intermodal  transport  if  it  uses  intra-European 
short sea shipping, regardless of the lengths of the initial and terminal road journeys. 
The initial road journey and the terminal road journey for an operation using intra-
European short sea shipping takes place from the point where the goods are loaded to 
the nearest appropriate seaport for the initial leg, and/or where appropriate between 
the  nearest  appropriate  seaport  and  the  point  where  the  goods  are  unloaded  for  the 
final leg.  

11) 

Article 12 is replaced by the following: 

EN 

13 

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1. 

2. 

3. 

4. 

5. 

6. 

Article 12  

The Member States shall establish a system for pre-selecting and targeting checks on 
vehicles  or  combinations  of  vehicles  in  circulation,  in  order  to  ensure  compliance 
with the requirements of this Directive. 

After  the  expiry  of  a  period  of  two  years  from  the  date  of  entry  into  force  of  this 
Directive,  Member  States  shall  measure  the  weight  of  vehicles  or  combination  of 
vehicles  in  circulation.  The  purpose  of  these  pre-selection  measures  is  to  identify 
vehicles  that  are  likely  to  have  committed  an  offence  and  that  should  be  checked 
manually. These measures may be taken with the aid of automatic systems set up on 
the infrastructure, or onboard systems installed in vehicles in line with paragraph 6 
below.  The  automatic  systems  must  enable  the  identification  of  the  vehicles 
suspected  of  exceeding  the  maximum  authorised  weights.  As  these  automatic 
systems are only to be used for pre-selection purposes, and not to define an offence, 
they do not have to be certified by the Member States. 

Member  States  shall  take  a  number  of  preselection  measures  equivalent  to  at  least 
one weighing per 2 000 vehicle kilometres per year on average.  

Member States shall ensure that the competent authorities exchange the information 
necessary  to  make  these  checks  more  effective  at  EU  level,  and  to  facilitate  their 
conduct, notably through the national contact point responsible for the exchange of 
information with the other Member States. This necessary information shall include 
in particular the identification of offenders, the description of the offences committed 
and  penalties  imposed,  and  the  reputation  of  the  company  concerned.  The  contact 
point is designated in accordance with Article 18(1) of Regulation 1071/2009/EC.  

Vehicles  suspected  of  being  overweight  following  the  pre-selection  procedure 
conducted  pursuant  to  paragraph  2  shall  be  subject  to  at  least  one  of  the  following 
measures: 

– 

– 

– 

roadside 

(i) 
interception of the vehicle,  

inspection  with  approved  measurement  equipment  after 

(ii) sending the transport company notification of the suspected overloading of 
the vehicle, 

(iii)  inspection  of  the  transport  company  on  its  premises,  particularly  in  the 
case of repeated infringements after the sending of the notification referred to 
in (ii). 

In  accordance  with  paragraph  1,  Member  States  shall  encourage  the  equipment  of 
vehicles and vehicle combinations with onboard weighing devices (total weight and 
axle load) to enable the weight data to be communicated at any time from a moving 
vehicle to an authority carrying out roadside inspections or responsible for regulating 
the transport of goods. This communication shall be through the interface defined by 
the  CEN  DSRC13  standards  EN 12253,  EN 12795,  EN 12834,  EN 13372  and 
ISO 14906.  

7. 

The  Commission  shall  be  empowered  to  adopt  delegated  acts,  in  accordance  with 
Article 16, concerning:  

– 

 the  additional  technical  specifications  to  ensure  full  interoperability  at  Union 
level of the on-board weighing equipment mentioned in paragraph 6 above, so 

13 

DSRC: Dedicated Short-Range Communications 

EN 

14 

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that  the  authorities  of  all  Member  States  can  communicate  in  the  same  way 
with  vehicles  or  vehicle  combinations  registered  in  any  Member  State  and, 
where appropriate, exchange information received with the authorities of other 
Member States.  

– 

 the  procedures  for  the  pre-selection  checks  referred  to  in  paragraph 2  of  this 
Article, the technical specifications, precision requirements and instructions for 
use  of  the  equipment  used  for  these  preselection  checks.  These  procedures, 
specifications and instructions for use are intended to ensure that the checks are 
performed  in  the  same  way  in  all  Member  States,  thereby  ensuring  equal 
treatment for all transporters throughout the territory of the Union. 

12) 

Article 13 is replaced by the following: 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

Article 13 

Infringements of this Directive are divided into different categories according to their 
severity. 

An overload of less than 5 % of the maximum authorised weight in points 2, 3, 4.1 
and  4.3  of  Annex  1  shall  give  rise  to  a  written  warning  to  the  transport  company, 
which could give rise to a penalty, if the national legislation provides for this type of 
penalty; 

An overload of between 5 and 10 % of the maximum authorised weight in points 2, 
3, 4.1 and 4.3 of Annex 1 shall be considered as a minor offence within the meaning 
of this Directive, and shall give rise to a financial penalty. The inspection authorities 
may  also  immobilise  the  vehicle  for  unloading  until  it  reaches  the  maximum 
authorised weight; 

An overload of between 10 and 20 % of the maximum authorised weight in points 2, 
3,  4.1  and  4.3  of  Annex  1  shall  be  considered  a  serious  infringement  within  the 
meaning of this Directive. It shall give rise to a financial penalty and the immediate 
immobilisation of the vehicle for unloading until it reaches the maximum authorised 
weight, 

An overload of more than 20 % of the maximum authorised weight in points 2, 3, 4.1 
and  4.3  of  Annex  1  shall  be  considered  a  very  serious  infringement  within  the 
meaning  of  this  Directive,  because  of  the  increased  risks  incurred  by  other  road 
users.  This  shall  give  rise  to  an  immediate  immobilisation  of  the  vehicle  for 
unloading until it reaches the maximum authorised weight, and to a financial penalty. 
The procedure leading to the loss of good repute of the transport company shall be 
implemented in accordance with Article 6 of Regulation (EC) No 1071/200914, 

An  excess  length  or  excess  width  of  less  than  2%  of  the  maximum  dimensions 
indicated  in  point  1of  Annex  1  shall  give  rise  to  a  written  warning  to  the  transport 
company, which could give rise to a penalty, if the national legislation provides for 
such a penalty. 

An excess length or excess width of between 2 and 20% of the maximum dimensions 
indicated in point 1 of Annex 1, either of the load on board or of the vehicle itself, 
shall  give  rise  a  financial  penalty.  The  inspection  authorities  shall  immobilise  the 
vehicle until its unloading if the excess length or excess width comes from the load 

14 

OJ L300, 14.11.2009, p. 51. 

EN 

15 

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8. 

or  until  the  transport  company  obtains  a  special  permit  in  accordance  with  Article 
4(3); 

An excess length or excess width of the load or of the vehicle of more than 20% of 
the  maximum  dimensions  indicated  in  point  1  of  Annex  1  shall  be  considered  as  a 
very  serious  infringement  within  the  meaning  of  this  Directive,  because  of  the 
increased risks incurred by other road users. It shall give rise to a financial penalty 
and  to  the  immediate  immobilisation  of  the  vehicle  by  the  inspection  authorities, 
until  its  unloading  or  until  the  transport  company  obtains  a  special  permit  in 
accordance  with  Article  4(3),  if  the  excess  length  or  excess  width  comes  from  the 
load. The procedure leading to the loss of good repute of the transport company shall 
be implemented in accordance with Article 6 of Regulation (EC) No 1071/2009. 

9. 

The financial penalties referred to in paragraphs 3, 4, 5, 7, and 8 shall be effective, 
proportionate and dissuasive. 

13) 

The following Article 14 is added: 

Article 14 

For the transport of containers, the shipper shall give the road haulier to whom it entrusts the 
transport of a container a statement indicating the weight of the container moved. If 
this information is missing or incorrect, the shipper shall incur liability in the same 
way as the haulier if the vehicle is overloaded. 

14) 

The following Article 15 is added: 

Article 15 

Every  two  years  in  the  first  quarter  of  the  calendar  year,  the  Member  States  shall 
send the Commission a report on the checks carried out in the previous two calendar 
years,  the  results  of  these  checks  and  the  penalties  imposed  on  the  offenders.  The 
Commission  shall  produce  an  analysis  of  these  reports  and  send  it  to  the  European 
Parliament and the Council in the second quarter of the calendar year.  

15) 

The following Article 16 is added: 

Article 16 

1. 

2. 

3. 

4. 

The  power  to  adopt  delegated  acts  is  conferred  on  the  Commission  subject  to  the 
conditions laid down in this Article. 

The  power  to  adopt  delegated  acts  referred  to  in  Article  8(4),  Article 9(5)  and 
Article 12(7)  shall  be  conferred  on  the  Commission  for  an  indeterminate  period  of 
time from the [date of entry into force of this Directive] 

The delegation of power referred to in Articles 8(4), 9(5) and 12(7) may be revoked 
at any time by the European Parliament or by the Council. A decision of revocation 
shall  put  an  end  to  the  delegation  of  power  specified  in  that  decision.  It  shall  take 
effect the day following the publication of the decision in the Official Journal of the 
European Union or at a later date specified therein. It shall not affect the validity of 
any delegated acts already in force. 

As soon as it adopts a delegated act, the Commission shall notify it simultaneously to 
the European Parliament and to the Council.  

EN 

16 

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5. 

A delegated act adopted pursuant to Article 8(4), Article 9(5) and Article 12(7) shall 
enter  into  force  only  if  the  European  Parliament  or  the  Council  did  not  express  an 
objection  within  a  period  of  two  months  of  notification  of  that  act  to  these  two 
institutions, or if, before the expiry of that period, the European Parliament and the 
Council  have  both  informed  the  Commission  of  their  intention  not  to  raise 
objections.  That  period  can  be  extended  by  two  months  at  the  initiative  of  the 
European Parliament or the Council. 

16) 

Annex I is amended as follows: 

– 

– 

– 

(a) Point 1.2(b) is replaced by the following provisions: 

‘superstructures  of  conditioned  vehicles  or  vehicles  transporting  conditioned 
intermodal transport units: 2.60 m’ 

(b) Point 2.2.2 (c) is replaced by the following:  

‘three-axle  motor  vehicle  with  two  or  three-axle  semi-trailer  carrying,  in 
intermodal  transport,  one  or  more  intermodal  transport  units,  for  a  total 
maximum length of 40 or 45 foot: 44 tonnes.’ 

– 

(c) Point 2.3.1 is replaced by the following:  

‘two-axle motor vehicles other than buses: 18 tonnes’ 

‘two-axle  motor  vehicles  other  than  buses,  and  with  hybrid  or  electric 
propulsion: 19 tonnes’ 

‘two-axle buses: 19 tonnes’ 

Article 2 

1. 

Member  States  shall  bring  into  force  the  laws,  regulations  and  administrative 
provisions necessary to conform to this Directive not later than 18 months from the 
date  of  its  publication  in  the  Official  Journal  of  the  European  Union.  They  shall 
immediately communicate to the Commission the text of those provisions. 

When  Member  States  adopt  those  provisions,  they  shall  contain  a  reference  to  this 
Directive  or  be  accompanied  by  such  a  reference  on  the  occasion  of  their  official 
publication. Member States shall determine how such reference is to be made. 

2. 

Member States shall communicate to the Commission the text of the main provisions 
of national law which they adopt in the field covered by this Directive. 

This Directive shall enter into force on the 20th day following its publication in the Official 
Journal of the European Union. 

Article 3 

EN 

17 

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This Directive is addressed to the Member States. 

Done at Brussels,  

Article 4 

For the European Parliament 
The President 

For the Council 
The President 

EN 

18 

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