Procedure : 2012/0186(COD)
Document stages in plenary
Document selected : A7-0207/2013

Texts tabled :

A7-0207/2013

Debates :

PV 01/07/2013 - 16
CRE 01/07/2013 - 16

Votes :

PV 02/07/2013 - 9.9
CRE 02/07/2013 - 9.9
PV 11/03/2014 - 9.17

Texts adopted :

P7_TA(2013)0296
P7_TA(2014)0196

REPORT     ***I
PDF 364kWORD 563k
17 June 2013
PE 504.235v03-00 A7-0207/2013

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))

Committee on Transport and Tourism

Rapporteur: Olga Sehnalová

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
 EXPLANATORY STATEMENT
 OPINION of the Committee on Industry, Research and Energy
 PROCEDURE

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

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))

(Ordinary legislative procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to Parliament and the Council (COM(2012)0382),

–   having regard to Article 294(2) and Article 91 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0188/2012),

–   having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–   having regard to the reasoned opinions submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Cypriot Parliament and by the Netherlands Senate and the Netherlands House of Representatives, asserting that the draft legislative act does not comply with the principle of subsidiarity,

–   having regard to the opinion of the European Economic and Social Committee of 12 December 2012(1),

–   having regard to the opinion of the Committee of Regions(2),

–   having regard to Rule 55 of its Rules of Procedure,

–   having regard to the report of the Committee on Transport and Tourism and the opinion of the Committee on Industry, Research and Energy (A7-0207/2013),

1.  Adopts its position at first reading hereinafter set out;

2.  Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

3.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

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.

Justification

Roadside inspections of commercial vehicles should only be complementary on periodic roadworthiness testing in order to target vehicles posing an immediate threat 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 206 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.

Justification

Periodic roadworthiness testing should be the main tool to ensure the roadworthiness of all vehicles and the roadside inspections of commercial vehicles should only be complementary in order to target vehicles posing an immediate threat to road safety. A parallel amendment should be introduced for the proposal on periodic roadworthiness testing.

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.

Justification

With respect to Article 20, it is not clear how often Member States should communicate results to the Commission. Therefore, recital 17 of the preamble and Article 20 need to be brought into conformity.

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 transport1, Directive 2006/22/EC and Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport2, should be encouraged.

 

_____________

 

1 OJ L 102, 11.4.2006, p. 1.

 

2 OJ L 370, 31.12.1985, p. 8.

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  21

Proposal for a regulation

Article 2 – paragraph 1 – introductory part

 

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 2003/37/EC of the European Parliament and of the Council of 26 May 2003 on type-approval of agricultural or forestry tractors, their trailers and interchangeable towed machinery, together with their systems, components and separate technical units and Directive 2007/46/EC:

Justification

Some models of tractors also have to be included into the scope of this Regulation as they are being frequently used on public roads for commercial purposes.

Amendment  22

Proposal for a regulation

Article 2 – paragraph 1 – indent 1

 

Text proposed by the Commission

Amendment

– 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,

Justification

It is appropriate to test any trailer, regardless of size or type, when used with M2 and M3 vehicles. It makes enforcement clearer and simpler.

Amendment  23

Proposal for a regulation

Article 2 – paragraph 1 – indent 2

 

Text proposed by the Commission

Amendment

– 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,

deleted

Justification

It is questionable whether component wear in category N1 vehicles leads to a higher accident rate and thereby affects road safety. Furthermore, extending the inspection requirement to a wider range of commercial vehicles would impose a significantly greater financial and administrative burden on the bodies responsible for vehicle inspections.

Amendment  24

Proposal for a regulation

Article 2 – paragraph 1 – indent 3

 

Text proposed by the Commission

Amendment

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

Justification

It is appropriate to test any trailer, regardless of size or type, when used with N2 and N3 vehicles. It makes enforcement clearer and simpler.

Amendment  25

Proposal for a regulation

Article 2 – paragraph 1 – indent 4

 

Text proposed by the Commission

Amendment

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

deleted

Amendment  26

Proposal for a regulation

Article 2 – paragraph 1 – indent 5

 

Text proposed by the Commission

Amendment

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

deleted

Justification

When used with commercial vehicles, these would be inspected so separate identification is not necessary.

Amendment  27

Proposal for a regulation

Article 2 – paragraph 1 – indent 5 a (new)

 

Text proposed by the Commission

Amendment

 

wheeled tractors of category T5 used mainly 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;

Justification

The rapporteur considers it necessary to replace the phrase ‘for professional purposes’ with the wording of the Convention on the Contract for the International Carriage of Goods by Road (‘CMR’).

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.

Justification

Articles 8 and 24 refer to the concept of an ‘operator’, which necessitates defining what this means.

Amendment  36

Proposal for a regulation

Article 4

 

Text proposed by the Commission

Amendment

Article 4

Article 4

Roadside inspection system

Date and frequency of testing

The roadside inspection system shall include initial roadside inspections as referred to in Article 9 and more detailed roadside inspections as referred to in Article 10(1).

Vehicles shall be subject to periodic vehicle safety inspections with the following minimum frequency:

 

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 04 vehicles:

 

- initially, 30 months after the date of first registration and, thereafter, every six months after the last roadworthiness test.

Justification

By increasing the frequency of this vehicle safety inspection, additional tests, depending on vehicle category, do not begin until the second or third year after first registration and unnecessary testing can be avoided.

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 500kg 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  38

Proposal for a regulation

Article 6

 

Text proposed by the Commission

Amendment

Article 6

Article 6

Roadside inspections risk rating system

Roadside inspections risk rating system

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 be in 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 found;

 

– severity of deficiencies found;

 

– number of inspections or tests carried out;

 

– 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 by undertakings with roadworthiness requirements derived from voluntary regular vehicle safety inspections shall be taken into account for the purposes of establishing the risk rating of the undertaking concerned.

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:

 

– three years after the entry into force of this Regulation for vehicles in categories N2, N3, M2;O3 and O4;

 

– five years after the entry into force of this Regulation for the other categories referred to in Article 2.

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 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 – point a

 

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  51

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 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.

Justification

The introduction of the six-monthly vehicle safety inspection ensures that the components of a commercial vehicle are regularly checked and signs of wear can be detected at an earlier stage. Undertakings can also schedule these inspections, and any deficiencies in the vehicle can be rectified in good time. This should enable technical roadside inspections to be carried out more efficiently.

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) 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 1 – point 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.

Justification

Driving an unroadworthy vehicle on public highways should be a punishable act, although the failure to correct problems uncovered at a roadworthiness test should not be. In certain cases, the owner or operator of a vehicle which has been found to present severe or dangerous deficiencies may decide to take it off the road (he may decide to have it destroyed in accordance with the rules laid down in Directive 2000/53/EC on end of life vehicles, or to use in it another manner).

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

Justification

There are serious liability and safety concerns associated with substandard or damaged wheels, whereby wheels are fitted onto non-standard axles. The testing of wheels not in conformity with the wheel hub should be treated as a safety critical item and therefore included in the list of items to be checked during roadside technical inspections.

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.

 

Justification

The pressure of a tyre cannot be checked without the use of a pressure gauge. The inspector will have to compare whether the tyre pressure is in line with that recommended by the vehicle 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

 

 

 

Justification

Any tyre with a tread depth below the legal requirements is illegal and should therefore not be allowed on European roads.

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

Justification

This is a serious safety concern as only properly inflated tyres hold the load, adhere to the road, consume less fuel, produce less noise, assure the best braking distance and contribute to extending the lifetime of tyres. A tyre under 150kPa is not only unsafe but dangerous, as it is at risk of exploding.

Amendment  73

Proposal for a regulation

Annex IV

 

Text proposed by the Commission

Amendment

 

Annex deleted

(1)

OJ C 44, 15.2.2012, p. 128.

(2)

OJ C...p.


EXPLANATORY STATEMENT

Commission's proposal

On 20 July 2010, the European Commission adopted policy orientations on road safety. To reach the announced target (i.e. reducing the number of road fatalities by 50 % between 2010 and 2020), the Commission proposed amongst other things a two-pronged strategy for safer vehicles: harmonisation/strengthening of EU legislation on roadworthiness tests and on technical roadside inspections (including the extension to powered two wheelers) and the study of setting-up a European electronic platform with a view to harmonising the exchange of vehicle data (type approval, registration, results of inspections, etc).

On 13 July 2012, the European Commission presented the “Roadworthiness Package”, a set of three legislative proposals aimed at strengthening road safety, environmental protection and fair competition by upgrading current requirements on periodic roadworthiness tests, technical roadside inspections of commercial vehicles as well as vehicle registration.

Currently Directive 2009/40/EC is complemented by Directive 2000/30/EC, which provides the requirement to control the technical state of commercial vehicles in between periodic inspections with technical roadside inspections, which are unexpected additional on-the-spot roadside checks for commercial vehicles.

The proposal on the technical roadside inspection of the roadworthiness of commercial vehicles, which repeals Directive 2000/30/EC, introduces a set of important new elements:

•    A risk rating system for the selection of vehicles to be inspected;

•    Light commercial vehicles will be subject to technical roadside inspections;

•    Members States will need to carry out a number of technical roadside inspections per year;

•    Technical roadside inspections will be performed in a stepwise approach: First an initial check of the overall condition of the vehicle and its documentation, such as roadworthiness certificates or previous roadside inspection reports. A more detailed roadside inspection may be performed on the basis of the outcome of the initial inspection.

•    More detailed inspections shall be carried out using a mobile inspection unit or a test centre in close vicinity.

•    The securing of cargo will be included in the roadside checks.

•    Harmonisation of standards for the assessment of deficiencies, level of knowledge and skills of inspectors performing roadside inspections based on the requirements for periodic roadworthiness tests;

•    Introduction of regularly concerted inspection activities by Member States.

Rapporteur's remarks and proposals

Your Rapporteur believes that road safety is a major societal issue. The European Parliament should give once again a clear signal of its commitment towards road safety.

Whatever the technical measures in place, we all know that the effectiveness of road safety policy depends ultimately on the users’ behaviour. For this reason, education, training and enforcement continue to be essential.

However, the road safety system also has to take into account human error and inappropriate behaviour and correct it as much as possible. All components, in particular vehicles and infrastructure, should therefore be 'forgiving', so as to prevent and limit the consequences of these failures for the users, in particular the most vulnerable users.

Therefore, your Rapporteur welcomes the Roadworthiness package and, in particular, the proposal on technical roadside inspections.

Nowadays there are huge differences between how technical roadside inspections are carried out in Member States. The proportion of vehicles found at the roadside inspection not to be compliant with roadworthiness requirements ranges from as little as 0.3 % in a Member State to 63 % in another, with significant differences even between neighbouring countries.

Some Member States perform an elaborated test procedure close to a PTI test where others – still complying with the minimum requirements of the current Directive – do a visual inspection or simply control the documentation. The important differences in the failure rates at roadside checks result also from the approach chosen by Member States.

Taking this into consideration, your Rapporteur fully supports the introduction of a risk rating system. The selection of vehicles to be subject to a technical roadside inspection should be based on the risk profile of the operators in order to reduce the burden on operators that maintain their vehicles in a proper way.

Harmonisation of important elements like the standards for the assessment of deficiencies and the level of knowledge and skills of inspectors performing roadside inspections based on the requirements for periodic roadworthiness tests will definitely contribute to avoid unfair treatment and increase overall efficiency of the controls. Besides, Members States should ensure that technical roadside inspections are 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.

Skills and training of inspectors should be a central element of any technical roadside inspection system in view of the rising complexity of testing. The insufficient qualifications of inspectors can be a major hindrance to the effectiveness of controls and the level of detection of defects.

Since the technical roadside inspections will be performed in a stepwise approach, your Rapporteur considers also important that Member States ensure that personnel performing the first initial check of the overall condition of the vehicle are also appropriately trained to avoid inefficient technical roadside checks and unnecessary time loss for undertakings and drivers.

In relation to the scope of the proposal, your Rapporteur welcomes the fact that light commercial vehicles (under 3.5 tonnes) and their trailers are to be included into the scope of roadside inspections, as such vehicles are being used more frequently in road transport for commercial purposes. Besides, this group of vehicles does not follow the downward trend in road fatalities. Data show a tendency to use this kind of vehicles for commercial purposes in order to circumvent the obligations that legislation imposes on companies operating heavy commercial vehicles.

In order to avoid inconsistencies within the Roadworthiness package, your Rapporteur proposes to extend the obligation to undergo technical roadside checks also to tractors used for commercial purposes, since these vehicles are increasingly used for circumventing obligations and controls set in the legislation related to heavy commercial vehicles.

Another important element of the proposal fully supported by your Rapporteur is the inclusion of cargo securing in technical roadside inspections, since inadequate cargo securing is considered as factor related to up to 25% of accidents involving trucks.

Your Rapporteur considers that having a clear legal framework in relation to liability for the roadworthiness of commercial vehicles is of the outmost importance. Therefore she proposes some amendments to article 7 in order to clarify that undertakings operating commercial vehicles should always be responsible for maintaining the roadworthiness of the vehicle. Undertakings should ensure that regular checks are made of the parts of a vehicle that affect its roadworthiness.

In relation to cargo, responsibility should also be clarified. As many operators may participate in the manipulation and securing of cargo, their liability should be linked to the tasks performed.

In the course of roadworthiness tests and roadside inspections, an important amount of data on the vehicle and its performance is collected. This data could potentially be used by the different authorities to ensure the follow up of the detection of defects, to organise targeted checks, but also to enhance their policy making. Similarly, roadworthiness testing and roadside inspections would be more effective if they had access to complete information on the history of the vehicle and its technical characteristics.


OPINION of the Committee on Industry, Research and Energy (26.4.2013)

for the Committee on Transport and Tourism

on the proposal for a regulation of the European Parliament and of the Council on 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))

Rapporteur: Krišjānis Kariņš

SHORT JUSTIFICATION

With every year the internal market becomes more interconnected; goods have started to move across the European Union with unanticipated intensity. This means that new challenges of harmonisation in regards to road safety have arisen.

The rapporteur supports the general direction of the regulation proposed by the European Commission. Nevertheless he is of the opinion that several major improvements are needed in the text in order to sufficiently add value to this regulation.

First, the proposed risk rating system should be established at a European level. This is the safest way how to establish true risk rating of an undertaking. Vehicles increasingly move across borders and thus it is necessary to know which undertakings are considered risky in other Member States. This cannot be achieved with national risk rating systems.

Second, reports of the latest roadworthiness tests have to be available to the inspectors and could serve as a basis for determination when it comes to the risk rating of each undertaking. The European Union should not impose an additional administrative burden, but instead develop a far reaching system for detection of potentially dangerous vehicles circulating on European roads.

And finally, the procedure of roadside inspection has to be more precise and the text has to be explicit and clear. For example, if during the initial roadside check some deficiencies have been detected then a detailed inspection has to be made. It is not clear from the text proposed by the Commission what should follow. The same applies to repairs of the vehicle. The repair has to be made by professionals and not on the road by driver or inspector. That is why if dangerous deficiencies have been detected they have to be rectified at the closest workshop.

The rapporteur is of the opinion that 12 months is too early to apply this regulation. He proposes 60 months as a time limit to purchase all necessary equipment and to train personnel.

AMENDMENTS

The Committee on Industry, Research and Energy calls on the Committee on Transport and Tourism, as the committee responsible, to incorporate the following amendments in its report:

Amendment  1

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 206 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) The roadside inspections should be implemented via a Union-wide 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 206 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.

Justification

Only a Europe wide risk rating system will have an added value. In times of increased mobility of goods vehicles more often move across borders and for this reason a risk rating system only within a Member State will have a limited impact on safety on the roads.

Amendment  2

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 if they are in close vicinity.

Justification

A more detailed inspection must be carried out of there is a mobile unit for this purpose available or there is a testing centre in close vicinity.

Amendment  3

Proposal for a regulation

Recital 15

Text proposed by the Commission

Amendment

(15) Cooperation and exchange of best practices between Member States is crucial to achieve a more harmonised system of technical roadside inspections throughout the Union. Therefore Member States should work more closely together also during operational activities. This cooperation should also include the periodical organisation of concerted roadside inspections.

(15) Cooperation and exchange of best practices between Member States is crucial to achieve a more harmonised system of technical roadside inspections throughout the Union. Therefore Member States should work more closely together also during operational activities. This cooperation should also include the periodical organisation of concerted roadside inspections as well as information sharing on results of roadside inspection and roadworthiness test.

Amendment  4

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.

Justification

Current experience shows, tad vehicle drivers are discriminated if they drive with number plates form certain countries. This must be stopped.

Amendment  5

Proposal for a regulation

Article 2 – paragraph 1 – indent 2

Text proposed by the Commission

Amendment

– 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,

deleted

Amendment  6

Proposal for a regulation

Article 5 – paragraph 1

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 a number of initial roadside inspections of eligible registered vehicles in each of the Member States. A target shall be corresponding to 5% of the total number of eligible vehicles that are registered in its territory.

Justification

The roadside inspection should affect only the category of vehicle which are eligible for the roadside inspections. Reference to total number of vehicles will cause unproportional administrative burden. Referring to the principle of subsidiarity, a 5% target should only be indicative. There should be flexibility for the Member States.

Amendment  7

Proposal for a regulation

Article 6 – paragraph 1

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. 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 Union level. The risk rating system in each Member State shall be operated by the competent authority of the Member State. The data on inspections shall be collected at the Union level and the rating of each undertaking determined on basis of aggregated Union-wide data on the results of roadside inspections and roadworthiness tests.

Justification

Only a risk rating system at the European level will have a sufficient added value. There is no point of establishing a new system of risk rating only for purpose of creating a new administrative capacity.

Amendment  8

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.

deleted

Justification

This information has to be available electronically to inspections at the Member States. There is no need to carry around additional papers for the purpose of increased administrative burden.

Amendment  9

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

Justification

The vehicle driver should also bear responsibility for the technical state of vehicle.

Amendment  10

Proposal for a regulation

Article 10 – paragraph 1 – subparagraph 2 – point a

Text proposed by the Commission

Amendment

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

(a) check the roadworthiness certificate and roadside inspection report;

Justification

The roadworthiness certificate and the previous roadside inspection reports should be available electronically, in order not to impose an additional administrative burden for the enterprises and facilitate a smooth roadside inspection.

Amendment  11

Proposal for a regulation

Article 10 – paragraph 2 – subparagraph 1

Text proposed by the Commission

Amendment

On the basis of the outcome of the initial inspection, the inspector may decide that the vehicle or its trailer should be subject to a more detailed roadside inspection.

On the basis of the outcome of the initial inspection, the inspector, if the initial inspection shows that a more detailed inspection is needed in order to fully asses technical state of the vehicle, shall decide that the vehicle or its trailer should be subject to a more detailed roadside inspection.

Amendment  12

Proposal for a regulation

Article 14 – paragraph 3 – subparagraph 1

Text proposed by the Commission

Amendment

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.

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 or at one of the closest workshops. If there are deficiencies detected in the areas of a vehicle that are referred to in Article 10(2), inspector shall 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.

Amendment  13

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.

deleted

Amendment  14

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  15

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 power of delegation 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  16

Proposal for a regulation

Article 26 – paragraph 2

Text proposed by the Commission

Amendment

It shall apply from [12 months after its entry into force].

It shall apply from [60 months after its entry into force].

Justification

There should be enough time to purchase the necessary equipment and set up an information exchange mechanism at the European level.

PROCEDURE

Title

Technical roadside inspection of the roadworthiness of commercial vehicles circulating in the Union

References

COM(2012)0382 – C7-0188/2012 – 2012/0186(COD)

Committee responsible

       Date announced in plenary

TRAN

11.9.2012

 

 

 

Opinion by

       Date announced in plenary

ITRE

11.9.2012

Rapporteur

       Date appointed

Krišjānis Kariņš

25.10.2012

Discussed in committee

18.3.2013

 

 

 

Date adopted

25.4.2013

 

 

 

Result of final vote

+:

–:

0:

44

3

1

Members present for the final vote

Jean-Pierre Audy, Zigmantas Balčytis, Ivo Belet, Bendt Bendtsen, Fabrizio Bertot, Jan Březina, Reinhard Bütikofer, Maria Da Graça Carvalho, Giles Chichester, Jürgen Creutzmann, Pilar del Castillo Vera, Vicky Ford, Gaston Franco, Adam Gierek, Norbert Glante, Robert Goebbels, Fiona Hall, Jacky Hénin, Edit Herczog, Romana Jordan, Krišjānis Kariņš, Philippe Lamberts, Judith A. Merkies, Angelika Niebler, Jaroslav Paška, Aldo Patriciello, Vittorio Prodi, Teresa Riera Madurell, Jens Rohde, Paul Rübig, Amalia Sartori, Salvador Sedó i Alabart, Konrad Szymański, Evžen Tošenovský, Catherine Trautmann, Ioannis A. Tsoukalas, Claude Turmes, Marita Ulvskog, Adina-Ioana Vălean, Kathleen Van Brempt, Alejo Vidal-Quadras

Substitute(s) present for the final vote

Elisabetta Gardini, Jolanta Emilia Hibner, Eija-Riitta Korhola, Bernd Lange, Vladimír Remek, Algirdas Saudargas, Silvia-Adriana Ţicău


PROCEDURE

Title

Technical roadside inspection of the roadworthiness of commercial vehicles circulating in the Union

References

COM(2012)0382 – C7-0188/2012 – 2012/0186(COD)

Date submitted to Parliament

10.7.2012

 

 

 

Committee responsible

       Date announced in plenary

TRAN

11.9.2012

 

 

 

Committee(s) asked for opinion(s)

       Date announced in plenary

ENVI

11.9.2012

ITRE

11.9.2012

IMCO

11.9.2012

 

Not delivering opinions

       Date of decision

ENVI

12.9.2012

IMCO

18.9.2012

 

 

Rapporteur(s)

       Date appointed

Olga Sehnalová

8.10.2012

 

 

 

Discussed in committee

18.12.2012

22.1.2013

19.3.2013

23.4.2013

Date adopted

30.5.2013

 

 

 

Result of final vote

+:

–:

0:

34

5

0

Members present for the final vote

Magdi Cristiano Allam, Georges Bach, Izaskun Bilbao Barandica, Antonio Cancian, Michael Cramer, Joseph Cuschieri, Saïd El Khadraoui, Ismail Ertug, Carlo Fidanza, Jacqueline Foster, Franco Frigo, Mathieu Grosch, Jim Higgins, Juozas Imbrasas, Dieter-Lebrecht Koch, Georgios Koumoutsakos, Werner Kuhn, Marian-Jean Marinescu, Gesine Meissner, Hubert Pirker, Dominique Riquet, Petri Sarvamaa, Olga Sehnalová, Brian Simpson, Silvia-Adriana Ţicău, Peter van Dalen, Patricia van der Kammen, Artur Zasada, Roberts Zīle

Substitute(s) present for the final vote

Michel Dantin, Isabelle Durant, Markus Ferber, Nathalie Griesbeck, Gilles Pargneaux, Alfreds Rubiks, Bernadette Vergnaud, Sabine Wils, Janusz Władysław Zemke

Substitute(s) under Rule 187(2) present for the final vote

George Sabin Cutaş

Date tabled

17.6.2013

Last updated: 4 March 2014Legal notice