Amendments adopted by the European Parliament on 2 July 2013 on the proposal for a regulation of the European Parliament and of the Council on the technical roadside inspection of the roadworthiness of commercial vehicles circulating in the Union and repealing Directive 2000/30/EC (COM(2012)0382 — C7-0188/2012– 2012/0186(COD))
Date: 2013-07-02
Institutions: Committee on Industry, Research and Energy, Committee on Transport and Tourism, Committee on the Environment, Climate and Food Safety, Committee on the Internal Market and Consumer Protection, European Parliament
Subjects: commercial vehicle, road safety, roadworthiness tests, technical regulations




C_2016075EN.01019201.xml










26.2.2016   


EN


Official Journal of the European Union


C 75/192





P7_TA(2013)0296
Inspection of the roadworthiness of commercial vehicles ***I
Amendments adopted by the European Parliament on 2 July 2013 on the proposal for a regulation of the European Parliament and of the Council on the technical roadside inspection of the roadworthiness of commercial vehicles circulating in the Union and repealing Directive 2000/30/EC (COM(2012)0382 — C7-0188/2012– 2012/0186(COD)) (1)

(Ordinary legislative procedure: first reading)
(2016/C 075/33)

Amendment 1


Proposal for a regulation


Recital 3








Text proposed by the Commission




Amendment











(3)


Roadworthiness testing is a part of a wider regime ensuring that vehicles are kept in a safe and environmentally acceptable condition during their use. This regime should cover periodic roadworthiness tests for all vehicles and roadside technical inspection for vehicles used for commercial road transport activities as well as provisions on a vehicle registration procedure to ensure 
that
 vehicles which constitute an immediate risk to road safety 
are not used on roads
.












(3)


Roadworthiness testing is a part of a wider regime ensuring that vehicles are kept in a safe and environmentally acceptable condition during their use. This regime should cover periodic roadworthiness tests for all vehicles and roadside technical inspection for vehicles used for commercial road transport activities as well as provisions on a vehicle registration procedure
. Periodic testing should be the main tool
 to ensure 
roadworthiness. Technical roadside inspections of commercial vehicles should only be complementary to periodic tests and should be targeted at
 vehicles 
on the road
 which constitute an immediate risk to road safety.









Amendment 2


Proposal for a regulation


Recital 4








Text proposed by the Commission




Amendment











(4)


A number of technical standards 
and
 requirements on vehicle safety have been adopted within the Union. It is however necessary to ensure, through a regime of unexpected roadside inspections, that after being placed on the market, vehicles 
continue to meet safety standards
 throughout their lifetime.












(4)


A number of technical standards, requirements on vehicle safety 
and environmental standards
 have been adopted within the Union. It is however necessary to ensure, through a regime of unexpected 
technical
 roadside inspections, that after being placed on the market, vehicles 
remain technically roadworthy
 throughout their lifetime.









Amendment 3


Proposal for a regulation


Recital 5 a (new)








Text proposed by the Commission




Amendment





 










(5a)





Since, as shown by the Commission's report on the implementation of Directive 2000/30/EC, numerous vehicles which are stopped for roadside inspections reveal no defects, the selection of vehicles for roadside inspection should be based on the risk profile of the operators and should be targeted at high-risk undertakings in order to reduce the burden on operators that maintain their vehicles in a proper way.










Amendment 4


Proposal for a regulation


Recital 6








Text proposed by the Commission




Amendment











(6)




The
 roadside inspections should be implemented via a risk rating system
. The Member States may use the risk rating system established in accordance with Article 9 of Directive 2006/22/EC of the European Parliament and the Council of 15 March 2006 on minimum conditions for the implementation of Council Regulation (EEC) No 3820/85 and (EEC) No 3821/85 concerning social legislation relating to road transport activities and repealing Council Directive 88/599/EEC
.












(6)




Technical
 roadside inspections should 
therefore
 be implemented via a risk rating system 
based on the number and severity of deficiencies found on vehicles operated by individual undertakings as stated in standardised roadworthiness certificates and roadside inspection reports
.









Amendment 5


Proposal for a regulation


Recital 6 a (new)








Text proposed by the Commission




Amendment





 








(
6a
)




Taking into consideration the volume of traffic of commercial vehicles between Member States, and in order to avoid any discrimination based on the country of registration of the vehicle, the risk rating system should be implemented throughout the Union and based on an adequate level of harmonisation between all Member States of periodic roadworthiness testing and roadside checks.











Amendment 6


Proposal for a regulation


Recital 6 b (new)








Text proposed by the Commission




Amendment





 










(6b)






Regulation (EC) No 1071/2009 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 established the European Register of Road Transport Undertakings (ERRU). ERRU allows national electronic registers of transport undertakings to be interconnected throughout the Union, in compliance with the Union rules on the protection of personal data. The use of that system, operated by the competent authority of each Member State, facilitates cooperation among Member States and reduces the costs involved in checks for both undertakings and administrative bodies.











Amendment 7


Proposal for a regulation


Recital 7 a (new)








Text proposed by the Commission




Amendment





 










(7a)






Agricultural vehicles with a maximum design speed exceeding 40 km/h are in some instances being used to replace trucks for commercial road haulage purposes. It is important to ensure that where agricultural vehicles are used in this way they are treated in the same way as trucks as regards technical roadside inspections.











Amendment 8


Proposal for a regulation


Recital 10








Text proposed by the Commission




Amendment











(10)


With a view to avoid unnecessary administrative burden and costs and to improve the efficiency of inspections, vehicles operated by undertakings not complying with road safety and environmental standards 
should
 be selected as a priority, while vehicles operated by responsible and safety-minded operators and properly maintained 
should
 be rewarded with less frequent inspections.












(10)


With a view to avoiding unnecessary administrative burdens and costs and to improve the efficiency of inspections, 
it should be possible for competent national authorities to decide that
 vehicles operated by undertakings not complying with road safety and environmental standards 
will
 be selected as a priority, while vehicles operated by responsible and safety-minded operators and properly maintained 
will
 be rewarded with less frequent inspections.









Amendment 9


Proposal for a regulation


Recital 11








Text proposed by the Commission




Amendment











(11)


Technical roadside inspections of the roadworthiness should consist of initial and, where necessary, more detailed inspections. In both cases they should cover all relevant parts and systems of vehicles. To achieve a more harmonised testing, for all of the possible test items, test methods and examples of deficiencies and their assessment according to their severity should be introduced.












(11)


Technical roadside inspections of roadworthiness should consist of initial and, where necessary, more detailed inspections. In both cases they should cover all relevant parts and systems of vehicles
, including the securing of cargo
. To achieve a more harmonised testing, for all of the possible test items, test methods and examples of deficiencies and their assessment according to their severity should be introduced. 
The use of standards for the securing of cargo and for its assessment should be encouraged.











Amendment 10


Proposal for a regulation


Recital 11 a (new)








Text proposed by the Commission




Amendment





 










(11a)






Since the proper performance of tyres is closely linked to their inflation pressure, the extension of the mandatory fitment to commercial vehicles of tyre pressure monitoring systems as defined in UNECE (United Nations Economic Commission for Europe) Regulation 64.02 should be considered and, if it is found to be appropriate, the functioning of such systems should be checked in the course of technical roadside inspections.











Amendment 11


Proposal for a regulation


Recital 11 b (new)








Text proposed by the Commission




Amendment





 










(11b)






Member States may check cargo securing during technical roadside inspections according to existing standards. The outcome of such checks should not be introduced into the risk rating system until the rules on cargo securing are harmonised at Union level. Pending such harmonisation, the use of the European standards and the European Best Practice Guidelines on Cargo Securing for Road Transport for assessment purposes should be encouraged.











Amendment 12


Proposal for a regulation


Recital 12








Text proposed by the Commission




Amendment











(12)


Reports of technical roadside inspections are in several Member States elaborated by electronic means. In such cases 
a
 print 
out
 of the inspection report should be 
handed over to the driver
. All the data and information gathered during roadside inspections should be transferred to a common repository of the Member State in order that the data can be easier processed and information transfer can be performed without additional administrative burden.












(12)


Reports of technical roadside inspections are in several Member States elaborated by electronic means. In such cases
, it is important that full advantage be taken of the benefits of electronic communication, and recourse to
 print
-outs
 of the inspection report should be 
minimised
. All the data and information gathered during roadside inspections should be transferred to a common repository of the Member State in order that the data can be more easily processed and information transfer can be performed without 
any
 additional administrative burden.









Amendment 13


Proposal for a regulation


Recital 13








Text proposed by the Commission




Amendment











(13)


The use of mobile inspection units reduces the delay and costs for operators as more detailed inspections can be performed directly at the roadside. Testing centres may also 
be used in certain circumstances
 to carry out more detailed inspections.












(13)


The use of mobile inspection units reduces the delay and costs for operators as more detailed inspections can be performed directly at the roadside. Testing centres may also be used to carry out more detailed inspections 
when they are located nearby
.









Amendment 14


Proposal for a regulation


Recital 13 a (new)








Text proposed by the Commission




Amendment





 










(13a)






Personnel performing initial roadside inspections should have the appropriate skills to carry out visual inspections in an efficient manner.











Amendment 15


Proposal for a regulation


Recital 14 a (new)








Text proposed by the Commission




Amendment





 










(14a)






No fee should be charged to undertakings or drivers for the performance of the initial technical roadside inspection. However, in order to mitigate the costs arising from the use of technical equipment for a more detailed roadside inspection either by mobile inspection unit or in a test centre located nearby, Member States should be able to charge a fee if major or dangerous deficiencies have been found indicating that the undertaking operating the vehicle has not complied with its responsibility to keep the vehicle in a roadworthy condition. In order to limit the financial burden for such undertakings, the amount of the fee should not exceed that payable for a periodic roadworthiness test for a vehicle of the same vehicle category. Any revenue or income derived from the charging of such fees should be used to enhance road safety.











Amendment 16


Proposal for a regulation


Recital 16








Text proposed by the Commission




Amendment











(16)


In order to ensure the efficient exchange of information between Member States, there should be within each Member State a single body acting as contact point for liaising with other relevant competent authorities. That body should also compile relevant statistics. Furthermore, Member States should apply a coherent national enforcement strategy on their territory and may designate a single body to coordinate its implementation. The competent authorities in each Member State should designate procedures setting out time limits and the contents of the information to be forwarded.












(16)


In order to ensure the efficient exchange of information between Member States, there should be within each Member State a single body acting as contact point for liaising with other relevant competent authorities. That body should also compile relevant statistics
, in particular in relation to the categories of commercial vehicles checked during technical roadside inspections, the number and type of deficiencies found, and their severity
. Furthermore, Member States should apply a coherent national enforcement strategy on their territory and may designate a single body to coordinate its implementation. The competent authorities in each Member State should designate procedures setting out time limits and the contents of the information to be forwarded.









Amendment 17


Proposal for a regulation


Recital 17








Text proposed by the Commission




Amendment











(17)


In order to allow a monitoring of the roadside inspection regime implemented in the Union Member States should communicate 
on a biannual basis
 to the Commission the results of the roadside inspections performed. The Commission should report the data collected to the European Parliament.












(17)


In order to allow a monitoring of the roadside inspection regime implemented in the Union Member States should communicate to the Commission
, before 31 March of every second year,
 the results of the roadside inspections performed. The Commission should report the data collected to the European Parliament.









Amendment 18


Proposal for a regulation


Recital 17 a (new)








Text proposed by the Commission




Amendment





 










(17a)






In order to minimise the time loss for undertakings and drivers and to increase overall efficiency, the performance of technical roadside inspections, along with inspections to check compliance with social legislation in the field of road transport, in particular Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport

 (2)

, Directive 2006/22/EC and Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport

 (3)

, should be encouraged.











Amendment 19


Proposal for a regulation


Article 1 — paragraph 1








Text proposed by the Commission




Amendment





This Regulation establishes a regime of roadside inspections of commercial vehicles circulating within the territory of the Member States.




1.
   This Regulation establishes a regime of 
technical
 roadside inspections 
of the roadworthiness
 of commercial vehicles circulating within the territory of the Member States.





Amendment 20


Proposal for a regulation


Article 1 — paragraph 1 a (new)








Text proposed by the Commission




Amendment





 




1a.
   
Technical roadside inspections shall be carried out without discrimination on grounds of the nationality of the driver or of the country of registration or entry into service of the commercial vehicle concerned.







Amendment 75


Proposal for a regulation


Article 2 — paragraph 1








Text proposed by the Commission




Amendment





1.   This Regulation shall apply to commercial vehicles with a design speed exceeding 25 km/h of the following categories, as defined in Directive 2007/46/EC 
of the European Parliament and the Council
:


1.   This Regulation shall apply to commercial vehicles with a design speed exceeding 25 km/h of the following categories, as defined in Directive 2007/46/EC 
and Directive 2003/37/EC
:










—


motor vehicles used for the carriage of passengers and with more than eight seats, excluding the driver's seat — vehicle category M2 and M3,












—


motor vehicles 
and any attached trailer,
 used for the carriage of passengers and with more than eight seats, excluding the driver's seat — vehicle category M2 and M3,














—


motor vehicles 
having at least four wheels, normally
 used for 
the road
 carriage of goods and 
with
 a maximum permissible mass not exceeding 3 500 kg — vehicle category N1,












—


motor vehicles 
and any attached trailer
 used for carriage of goods and 
having
 a maximum permissible mass not exceeding 3 500 kg — vehicle category N1,














—


motor vehicles used for the carriage of goods and having a maximum permissible mass exceeding 3 500 kg — vehicle categories N2 and N3,












—


motor vehicles 
and any attached trailer
 used for the carriage of goods and having a maximum permissible mass exceeding 3 500 kg — vehicle categories N2 and N3,














—




trailers and semi-trailers with a maximum permissible mass not exceeding 3 500 kg — vehicle categories O1 and O2,








 










—




trailers and semi-trailers with a maximum permissible mass exceeding 3 500 kg — vehicle categories O3 and O4.








 




 








—




wheeled tractors of category T5, the use of which mainly takes place on public roads for commercial road haulage purposes, with a maximum design speed exceeding 40 km/h.











Amendment 28


Proposal for a regulation


Article 3 — paragraph 1 — point 6








Text proposed by the Commission




Amendment











(6)


‘commercial vehicle’ means a motor vehicle and its trailer intended for the transport of goods or passengers 
for professional purposes
;












(6)


‘commercial vehicle’ means a motor vehicle and its trailer intended for the transport of goods or passengers 
for the carriage of goods by road in vehicles for reward;











Amendment 29


Proposal for a regulation


Article 3 — paragraph 1 — point 9








Text proposed by the Commission




Amendment











(9)


‘roadside inspection’ means an unexpected inspection of the roadworthiness of a commercial vehicle circulating on roads open to public traffic within the territory of a Member State carried out by the authorities, or under their direct supervision;












(9)


‘
technical
 roadside inspection’ means an unexpected inspection of the roadworthiness of a commercial vehicle
, and of the securing of its cargo, whilst that vehicle is
 circulating on roads open to public traffic within the territory of a Member State carried out by the authorities, or under their direct supervision;









Amendment 30


Proposal for a regulation


Article 3 — paragraph 1 — point 10








Text proposed by the Commission




Amendment











(10)


‘roadworthiness test’ means 
a verification that the parts and components of
 a vehicle 
comply with its
 safety and environmental characteristics at the time of approval, first registration or entry into service, or at the time of retrofitting;












(10)


‘roadworthiness test’ means 
an inspection to ensure that
 a vehicle 
is safe to be used on public roads and complies with required
 safety and environmental characteristics at the time of approval, first registration or entry into service, or at the time of retrofitting;









Amendment 31


Proposal for a regulation


Article 3 — paragraph 1 — point 11








Text proposed by the Commission




Amendment











(11)


‘competent authority’ means an authority or public body 
responsible
 for managing the 
national
 system of roadside inspections.












(11)


‘competent authority’ means an authority or public body 
entrusted by the Member State with responsibility
 for managing the system of roadside inspections
, including where appropriate the carrying-out of technical roadside inspections;











Amendment 32


Proposal for a regulation


Article 3 — paragraph 1 — point 12 a (new)








Text proposed by the Commission




Amendment





 










(12a)





‘undertaking’ means any natural or legal person, association or group of persons without legal personality, whether profit-making or not, or any official body, whether it has its own legal personality or is dependent on an authority with legal personality, which engages in carriage by road, whether for hire or reward, or for its own account;










Amendment 33


Proposal for a regulation


Article 3 — paragraph 1 — point 14 a (new)








Text proposed by the Commission




Amendment





 










(14a)





‘vehicle safety inspection’ means a visual inspection, a performance test and a functional check of a commercial vehicle’s chassis/frame, coupling devices, steering, tyres, wheels and braking equipment;










Amendment 34


Proposal for a regulation


Article 3 — paragraph 1 — point 14 b (new)








Text proposed by the Commission




Amendment





 










(14b)





‘testing centre’ means a public or private body or establishment authorised by a Member State to carry out roadworthiness tests;










Amendment 35


Proposal for a regulation


Article 3 — paragraph 1 — point 14 c (new)








Text proposed by the Commission




Amendment





 










(14c)





‘operator’ means an individual or legal entity which operates the vehicle as its owner or is authorised to operate the vehicle by its owner.










Amendment 37


Proposal for a regulation


Article 5








Text proposed by the Commission




Amendment





Each Member State shall carry out in every calendar year 
a total
 number of initial roadside inspections
, corresponding
 to at least 5 % of the total number of vehicles referred to in Article 
3(1)
 that are registered in its territory.


Each Member State shall carry out in every calendar year 
an appropriate
 number of initial roadside inspections.




 




The total number of initial roadside inspections shall correspond
 to at least 5 % of the total number of 
the following commercial
 vehicles referred to in Article 
2(1)
 that are registered in its territory:




 








—




motor vehicles used for the carriage of passengers and with more than eight seats, excluding the driver’s seat — vehicle category M2 and M3,










 








—




motor vehicles used for the carriage of goods and having a maximum permissible mass exceeding 3 500 kg — vehicle categories N2 and N3,










 








—




trailers and semi-trailers with a maximum permissible mass exceeding 3 500 kg — vehicle categories O3 and O4.










 




At least 5 % of commercial vehicles that are not registered in its territory but operating there shall be proportionally checked.







Amendment 76


Proposal for a regulation


Article 6








Text proposed by the Commission




Amendment





1.   A roadside inspections risk rating system based on the number and severity of deficiencies found on vehicles 
operated by individual undertakings
 shall be introduced at 
national
 level. The risk rating system shall be operated by the competent authority 
of the Member State
.


1.   
In order to improve the efficiency of technical roadside inspections,
 a roadside inspections risk rating system based on the number and severity of deficiencies found on 
commercial
 vehicles 
during periodic roadworthiness tests and technical roadside inspections
 shall be introduced at 
Union
 level. The risk rating system shall be 
based on a national electronic register interconnected throughout the Union and
 operated by the competent authority 
in each Member State.






 




Three years after the entry into force of Regulation XX of the European Parliament and of the Council on periodic roadworthiness tests for motor vehicles and their trailers and repealing Directive 2009/40/EC, roadworthiness certificates and roadside inspection reports shall comply with a standard European Union form
.




2.   A risk profile shall be attributed to each undertaking identified in the 
roadside inspections
 risk rating system using the criteria 
set out in
 Annex I.


2.   
After the date referred to in paragraph 1,
 a risk profile shall be attributed to each undertaking identified in the risk rating system using the 
following
 criteria 
in accordance with
 Annex I:




 








—




number of deficiencies;










 








—




severity of deficiencies;










 








—




number of inspections or tests;










 








—




time factor.










Undertakings shall be classified according to the following risk profile:


Undertakings shall be classified according to the following risk profile:










—


high risk,












—


high risk,














—


medium risk,












—


medium risk,














—


low risk.












—


low risk.








 




In order to allow undertakings to improve their risk profile, information on compliance with roadworthiness requirements from voluntary regular vehicle safety inspections by undertakings carried out in line with the following frequencies shall be taken into account when establishing the risk rating of an undertaking:






 








—




Category N2 vehicles with a maximum permissible mass exceeding 7,5 tonnes: initially, 42 months after the date of first registration and, thereafter, every six months after the last roadworthiness test;










 








—




Category N3 vehicles: initially, 30 months after the date of first registration and, thereafter, every six months after the last roadworthiness test;










 








—




Category O4 vehicles: initially, 30 months after the date of first registration and, thereafter, every six months after the last roadworthiness test.










3.   With a view to 
implement
 the roadside inspections risk rating system, Member States 
may
 use the risk rating system established 
in accordance with Article 9 of Directive 2006/22/EC of the European Parliament and the Council
.


3.   With a view to 
implementing
 the roadside inspections risk rating system, Member States 
shall
 use the risk rating system established 
by Regulation (EC) No 1071/2009.






 




The risk rating system shall contain the information on roadworthiness of vehicles referred to in Article 2 four years after the entry into force of this Regulation
.





Amendment 39


Proposal for a regulation


Article 7 — paragraph 1








Text proposed by the Commission




Amendment





1.   Drivers of a vehicle registered in a Member State shall keep on board the roadworthiness certificate corresponding to the latest roadworthiness test and the report of the last roadside inspection, when they are available.


1.   Drivers of a vehicle registered in a Member State shall keep on board the roadworthiness certificate corresponding to the latest roadworthiness test and the report of the last roadside inspection, when they are available. 
If the certificate and the report are available electronically in the Member State of the vehicle, the authorities cannot ask for paper copies to be kept onboard.







Amendment 40


Proposal for a regulation


Article 7 — paragraph 3








Text proposed by the Commission




Amendment





3.   
Individual
 undertakings shall ensure that the vehicles which they operate are in a good roadworthy condition at all times.


3.   Undertakings 
that operate vehicles which fall within the scope of this Regulation
 shall ensure that the vehicles which they operate are in good roadworthy condition at all times 
and that the original or a certified copy of the roadworthiness certificate and a proof of test issued pursuant to Article 10 of Regulation XX [on periodic roadworthiness tests] in respect of the most recent roadworthiness test is kept on board
.





Amendment 41


Proposal for a regulation


Article 7 — paragraph 3








Text proposed by the Commission




Amendment





3.   Individual undertakings shall ensure that the vehicles which they operate are in a good roadworthy condition at all times.



(Does not affect the English version)






Amendment 42


Proposal for a regulation


Article 9








Text proposed by the Commission




Amendment





When identifying vehicles to be subject to a roadside inspection, inspectors 
shall
 select as a priority vehicles operated by undertakings with a high-risk profile as referred to in Article 6(2). Other vehicles may be selected for inspection when there is a suspicion that the vehicle presents a risk to road safety.


When identifying vehicles to be subject to a roadside inspection, inspectors 
may, if the Member State so decides,
 select as a priority vehicles operated by undertakings with a high risk profile as referred to in Article 6(2). Other vehicles may be selected for inspection when there is a suspicion that the vehicle presents a risk to road safety.





Amendment 43


Proposal for a regulation


Article 10 — paragraph 1 — subparagraph 2








Text proposed by the Commission




Amendment





On each initial inspection of a vehicles, the inspector 
shall
:


On each initial inspection of a vehicles, the inspector:










(a)


check the roadworthiness certificate and roadside inspection report
, where available
, kept on board in accordance with Article 7(1);












(a)




shall
 check the roadworthiness certificate 
corresponding to the most recent roadworthiness test, the proof of test issued pursuant to Article 10 of Regulation XX [on periodic roadworthiness tests]
 and
, where available, the latest
 roadside inspection report, kept on board in accordance with Article 7(1);














(b)


carry out a visual assessment of the condition of the vehicle 
and of its cargo.














(b)




shall
 carry out a visual assessment of the 
technical
 condition of the vehicle;









Amendment 44


Proposal for a regulation


Article 10 — paragraph 1 — subparagraph 2 — point b a (new)








Text proposed by the Commission




Amendment





 










(ba)






may carry out a compliance check in respect of any other regulatory requirement pertaining to the operation of a commercial vehicle within the Union.











Amendment 45


Proposal for a regulation


Article 10 — paragraph 2 — subparagraph 2 — indent 2 a (new)








Text proposed by the Commission




Amendment





 








—




chassis/frame,











Amendment 46


Proposal for a regulation


Article 10 — paragraph 2 — subparagraph 2 — indent 3








Text proposed by the Commission




Amendment











—




axles
, wheels tyres 
and suspension.














—


wheels 
and
 tyres,









Amendment 47


Proposal for a regulation


Article 10 — paragraph 2 — subparagraph 2 — indent 3 a (new)








Text proposed by the Commission




Amendment





 








—




coupling equipment,











Amendment 48


Proposal for a regulation


Article 10 — paragraph 2 — subparagraph 2 — indent 4








Text proposed by the Commission




Amendment











—


nuisance.












—


nuisance
: noise and exhaust fumes
.









Amendment 49


Proposal for a regulation


Article 10 — paragraph 2 — subparagraph 3








Text proposed by the Commission




Amendment





The inspection of each of these areas shall cover 
one, several or all of
 the items listed in Annex II and relevant to these areas.


The inspection of each of those areas shall cover 
all
 the items listed in Annex II 
that are considered necessary
 and relevant to those areas.





Amendment 50


Proposal for a regulation


Article 10 — paragraph 2 — subparagraph 4








Text proposed by the Commission




Amendment





In addition, the inspector may check other areas of inspection listed in Annex II point 1

and
 covering 
one, several or all of
 the items listed in this Annex.


In addition, 
and whenever necessary due to a potential safety risk,
 the inspector may check other areas of inspection listed in part 1 of Annex II covering 
all
 the items listed in that Annex 
that are considered necessary and relevant to those areas
.





Amendment 77


Proposal for a regulation


Article 10 — paragraph 2 — subparagraph 5








Text proposed by the Commission




Amendment





Where the roadworthiness certificate or a roadside inspection report demonstrates that an inspection of one of the items listed in Annex II, , has been carried out in the course of the preceding 
month
, the inspector shall not check 
this
 item, except where justified on the grounds of an obvious deficiency.


Where the roadworthiness certificate 
corresponding to the most recent roadworthiness test, voluntary regular vehicle safety inspection
 or a roadside inspection report demonstrates that an inspection of one of the items listed in Annex II has been carried out in the course of the preceding 
three months
, the inspector shall not check 
that
 item, except where 
such inspection is
 justified on the grounds of an obvious deficiency.





Amendment 52


Proposal for a regulation


Article 11 — paragraph 2








Text proposed by the Commission




Amendment





2.   Where the inspections are to be carried out in a testing centre, 
the place of the initial roadside inspection shall not be fixed more than 10 km away from this
 centre.


2.   Where the inspections are to be carried out in a testing centre, 
they must be carried as soon as possible out in the nearest
 centre.





Amendment 53


Proposal for a regulation


Article 11 — paragraph 3








Text proposed by the Commission




Amendment





3.   Mobile inspection units shall include appropriate equipment for carrying out a roadside inspection, including at least the equipment necessary to assess the condition of the brakes, steering, suspension 
and
 emissions of the vehicle.


3.   Mobile inspection units shall include appropriate equipment for carrying out a roadside inspection, including at least the equipment necessary to assess the condition of the brakes, steering, suspension, emissions 
and weight
 of the vehicle.





Amendment 54


Proposal for a regulation


Article 12 — paragraph 2 — indent 3








Text proposed by the Commission




Amendment











—


dangerous deficiencies that constitute a direct and immediate risk to road safety 
such that
 the vehicle 
may not be used
 on the road 
under any circumstances
.












—


dangerous deficiencies that constitute a direct and immediate risk to road safety 
justifying the Member State concerned or its competent authorities banning
 the vehicle 
from use
 on the road.









Amendment 55


Proposal for a regulation


Article 13








Text proposed by the Commission




Amendment





Article 13


Article 13






Specific rules concerning the inspection
 of cargo securing




Inspection
 of cargo securing






The inspector
 may subject a vehicle to an inspection of the cargo securing in accordance with 
Annex IV. The follow-up procedures referred to in Article 14 shall also apply in case of major or dangerous deficiencies related to cargo securing
.




Inspectors
 may subject a vehicle to an inspection of the cargo securing in accordance with 
existing standards. The outcome of such an inspection shall not be introduced into the risk rating system until the rules on cargo securing are harmonised at Union level.






 




By …[align to date in Article 18a of the proposal for a Regulation on periodic roadworthiness tests], the Commission shall submit to the European Parliament and to the Council a report on the level of harmonisation in the area of cargo securing in road transport, the checking thereof at the roadside and the result of an analysis of methods to ensure that undertakings operating the vehicle, consignors, freight forwarders, loaders and other relevant operators involved in the handling of cargo are complying with cargo securing requirements.






 




The report shall be accompanied, if appropriate, by a legislative proposal.







Amendment 56


Proposal for a regulation


Article 14 — paragraph 1








Text proposed by the Commission




Amendment





1.   Any major deficiency revealed by an initial or a more detailed inspection shall be rectified without delay and in 
the vicinity of the
 inspection 
spot
.


1.   Any major deficiency revealed by an initial or a more detailed inspection shall be rectified without delay and in 
a location with the requisite equipment as close as possible to the place in which the initial or more detailed
 inspection 
was carried out
.





Amendment 57


Proposal for a regulation


Article 14 — paragraph 3 — subparagraph 1








Text proposed by the Commission




Amendment





3.   The inspector shall not authorise a vehicle classified with dangerous deficiencies, to be used until such deficiencies have been rectified on the spot 
of
 the inspection. 
The inspector may
 authorise 
such a
 vehicle to be used in order to reach the closest workshop where those deficiencies can be rectified, on 
the
 condition that the dangerous deficiencies have been fixed in such a way as to allow it to reach this workshop and that there is no immediate risk to the safety of 
its
 occupants or other road users.


3.   The inspector shall not authorise a vehicle classified with dangerous deficiencies to be used until such deficiencies have been rectified on the spot 
where
 the inspection 
took place or at one of the closest workshops
. 
If deficiencies are detected in areas of a vehicle that are referred to in Article 10(2), the inspector shall
 authorise 
the
 vehicle to be used in order to reach the closest workshop where those deficiencies can be rectified, on condition that the dangerous deficiencies have been fixed in such a way as to allow it to reach that workshop and that there is no immediate risk to the safety of occupants 
of the vehicle
 or other road users.





Amendment 58


Proposal for a regulation


Article 14 — paragraph 3 — subparagraph 2








Text proposed by the Commission




Amendment





The inspector may authorise the vehicle classified with dangerous deficiencies to be brought directly to the closest location where 
this vehicle
 can be repaired or impounded.


The inspector may authorise the vehicle classified with dangerous deficiencies to be brought directly to the closest 
available
 location where 
it
 can be repaired or impounded.





Amendment 59


Proposal for a regulation


Article 16 — paragraph 2








Text proposed by the Commission




Amendment





2.   The inspector shall communicate to the competent authority the results of the more detailed roadside inspections within a reasonable time limit following these inspections. The competent authority shall keep 
this information
 for 36 months from the date of its 
reception
.


2.   The inspector shall communicate 
electronically
 to the competent authority the results of the more detailed roadside inspections within a reasonable time following those inspections. The competent authority 
shall introduce that information in the national register referred to in Regulation (EC) No 1071/2009 and
 shall keep 
it
 for 36 months from the date of its 
receipt
.





Amendment 60


Proposal for a regulation


Article 16 — paragraph 3








Text proposed by the Commission




Amendment





3.   The results of the roadside inspection shall be communicated to the registration authority of the vehicle.


3.   The results of the roadside inspection shall be communicated 
electronically
 to the registration authority of the vehicle
, to the owner of the vehicle and, in the case of vehicles registered in another Member State, through the use of ERRU, as provided for in Regulation (EC) No 1071/2009.







Amendment 61


Proposal for a regulation


Article 18 — paragraph 1








Text proposed by the Commission




Amendment





1.   When major or dangerous deficiencies, in particular those resulting in a prohibition to use the vehicle, are found in a vehicle not registered in the Member State of inspection, the contact point shall inform the competent authority of the Member State of registration of the vehicle of the results of this inspection


1.   When major or dangerous deficiencies, in particular those resulting in a prohibition to use the vehicle, are found in a vehicle not registered in the Member State of inspection, the contact point shall inform the competent authority of the Member State of registration of the vehicle of the results of that inspection.




 




The Member State of registration shall take that information into account when classifying undertakings pursuant to Article 6(2).







This information shall contain the elements of the roadside inspection report as set out in Annex VI.



That information shall contain the elements of the roadside inspection report as set out in Annex VI
, shall be in a standardised format and shall be communicated through the national electronic register referred to in Article 16 of Regulation (EC) No 1071/2009.






The Commission shall adopt detailed rules concerning the procedures 
and formats
 for the notification of vehicles with major or dangerous deficiencies to the competent authority of the Member State of registration in accordance with the examination procedure referred to in Article 23(2).


The Commission shall adopt detailed rules concerning the procedures for the notification of vehicles with major or dangerous deficiencies to the competent authority of the Member State of registration in accordance with the examination procedure referred to in Article 23(2).





Amendment 62


Proposal for a regulation


Article 18 — paragraph 2 — subparagraph 2








Text proposed by the Commission




Amendment





The competent authority of the Member State of registration of the vehicle shall inform the Member State of inspection of the action taken.


The competent authority of the Member State of registration of the vehicle shall inform 
the competent authority of the
 Member State of inspection of the action taken 
and introduce the information into ERRU
.





Amendment 63


Proposal for a regulation


Article 18 — paragraph 2 a (new)








Text proposed by the Commission




Amendment





 




2a.
   
In the event that major or dangerous deficiencies are found, the name of the operator shall be provided to the contact point in accordance with Article 16.







Amendment 64


Proposal for a regulation


Article 18 — paragraph 2 b (new)








Text proposed by the Commission




Amendment





 




2b.
   
The Member State of registration shall provide information to the authority performing a technical roadside inspection concerning the risk profile of the undertaking whose vehicle is being inspected. That information shall be provided by electronic means within a reasonable time. The Commission shall adopt implementing acts concerning detailed rules on the procedures for the provision of such information to such authorities.






 




Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 23(2).







Amendment 65


Proposal for a regulation


Article 20 — paragraph 2 — subparagraph 2








Text proposed by the Commission




Amendment





The Commission shall report the data collected 
to the European Parliament
.


The Commission shall 
submit to the European Parliament a
 report 
summarising
 the data collected.





Amendment 66


Proposal for a regulation


Article 22 — paragraph 2








Text proposed by the Commission




Amendment





2.   The delegation of power referred to in Article 21 shall be conferred for 
an indeterminate
 period of 
time
 [from the date of entry into force of this Regulation.]


2.   The delegation of power referred to in Article 21 shall be conferred 
on the Commission
 for 
a
 period of 
five years
 [from the date of entry into force of this Regulation.] 
The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of identical duration unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.







Amendment 67


Proposal for a regulation


Article 24 — paragraph 2








Texte proposé par la Commission




Amendement





2.   Rules laid down in accordance with paragraph 1 shall include penalties for failure by a driver or operator to cooperate with the inspector and 
to rectify deficiencies detected during an inspection
.


2.   Rules laid down in accordance with paragraph 1 shall include penalties for failure by a driver or operator to cooperate with the inspector and 
for the illegal use of a vehicle resulting from non-compliance with Article 14
.





Amendment 68


Proposal for a regulation


Annex II — part 2 — item 5.2.2 — point d a (new)









Text proposed by the Commission











5.2.2.


Wheels






Visual inspection of both side of each wheel


 












Amendment by Parliament











5.2.2.


Wheels






Visual inspection of both side of each wheel










(da)






Wheel not compatible with wheel hub











Amendment 69


Proposal for a regulation


Annex II — part 2 — item 5.2.3 — column 2: Method








Text proposed by the Commission











5.2.3


Tyres






Visual inspection of the entire tyre by rolling the vehicle backwards and forwards.











Amendment by Parliament











5.2.3


Tyres






Visual inspection of the entire tyre by rolling the vehicle backwards and forwards.




 




Use a pressure gauge to measure tyre pressure and compare it with the values given by the manufacturer.







Amendment 70


Proposal for a regulation


Annex III — part 1 — heading: Dangerous deficiencies — paragraph 1








Text proposed by the Commission




Amendment





Deficiencies that constitute a direct and immediate risk to road safety
. Further use of the vehicle on the road is not permitted
, although in some instances it may be permitted to be driven under specified conditions directly to a specified location, for example for immediate repair or impounding of the vehicle.


Deficiencies that constitute a direct and immediate risk to road safety 
justifying the Member State concerned or its competent authorities banning the vehicle from the road
, although in some instances it may be permitted to be driven under specified conditions directly to a specified location, for example for immediate repair or impounding of the vehicle.





Amendment 71


Proposal for a regulation


Annex 3 — part 2 — item 5.2.3 — point e











Text proposed by the Commission











5.2.3.


Tyres












(e)


Tyre tread depth 
not in accordance with the requirements(1)

.






 


X


X




 








 




Less than 80 % of required
 tread depth






 


 


 














Amendment by Parliament











5.2.3.


Tyres












(e)


Tyre 
at minimum legal
 tread depth.






 


X


X




 








 




Tyres below minimum legal
 tread depth






 


 


 





Amendment 72


Proposal for a regulation


Annex 3 — part 2 — item 5.2.3 — point g a (new)











Text proposed by the Commission











5.2.3.


Tyres






 


 


 


 














Amendment by Parliament











5.2.3.


Tyres














(ga)






In-service operating pressure in one of the vehicle's tyres reduced by 20 %








 


X


X





Amendment 73


Proposal for a regulation


Annex IV








Text proposed by the Commission




Amendment





[…]




deleted








(1)  The matter was referred back to the committee responsible for reconsideration pursuant to Rule 57(2), second subparagraph (A7-0207/2013).

(2)  

OJ L 102, 11.4.2006, p. 1.



(3)  

OJ L 370, 31.12.1985, p. 8.