DIRECTIVE 2014/47/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 3 April 2014

on the technical roadside inspection of the roadworthiness of commercial vehicles circulating in the Union and repealing Directive 2000/30/EC

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee (1),

After consulting the Committee of the Regions,

Acting in accordance with the ordinary legislative procedure (2),

Whereas:

(1) In its White Paper of 28 March 2011 entitled ‘Roadmap to a Single European Transport Area — Towards a competitive and resource efficient transport system’, the Commission set out a ‘zero-vision’ objective whereby the Union should move close to zero fatalities in road transport by 2050. With a view to attaining that objective, vehicle technology is expected to contribute greatly to the improvement of the safety record of road transport.

(2) In its Communication entitled ‘Towards a European road safety area: policy orientations on road safety 2011-2020’, the Commission proposed a further halving of the overall number of road fatalities in the Union by 2020, starting from 2010. With a view to attaining that goal, the Commission set out seven strategic objectives, and identified actions for safer vehicles, a strategy to reduce the number of injuries and measures to improve the safety of vulnerable road users, in particular motorcyclists.

(3) Roadworthiness testing is a part of a wider regime designed to ensure that vehicles are kept in a safe and environmentally acceptable condition during their use. That regime should cover periodic roadworthiness testing of vehicles and technical roadside inspection of vehicles used for commercial road transport activities, as well as providing for a vehicle registration procedure allowing for the suspension of a vehicle’s authorisation to be used in road traffic where the vehicle constitutes an immediate risk to road safety. Periodic testing should be the main tool to ensure roadworthiness. Roadside inspections of commercial vehicles should merely be complementary to periodic testing.

(4) A number of technical standards and requirements in respect of vehicle safety and environmental characteristics have been adopted within the Union. It is necessary to ensure, through a regime of unexpected technical roadside inspections, that vehicles remain roadworthy.

(5) Technical roadside inspections are a crucial element for the achievement of a continuous high level of roadworthiness of commercial vehicles throughout their use. Such inspections contribute not only to road safety and a reduction of vehicle emissions but also to avoiding unfair competition in road transport due to acceptance of different inspection levels as between the Member States.

(6) Regulation (EC) No 1071/2009 of the European Parliament and of the Council (3) 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.

(7) This Directive should apply to certain commercial vehicles with a design speed exceeding 25 km/h of the categories defined in Directive 2007/46/EC of the European Parliament and the Council (4). It should not, however, prevent the Member States from carrying out technical roadside inspections on vehicles not covered by this Directive or checking other aspects of road transport, in particular those relating to driving and resting time or the transport of dangerous goods.

(8) Wheeled tractors with a maximum design speed exceeding 40 km/h are increasingly used to replace trucks in local transport activities and for commercial road haulage purposes. Their risk potential is comparable to that of trucks, and vehicles in that category, which are used mainly on public roads, should therefore be treated in the same way as trucks when it comes to technical roadside inspections.

(9) Reports on the implementation of Directive 2000/30/EC of the European Parliament and of the Council (5) clearly show the importance of technical roadside inspections. During the period from 2009 to 2010, more than 350 000 vehicles subject to technical roadside inspections throughout the Union were reported to be in a condition requiring their immobilisation. Those reports also show very significant differences between the results of inspections carried out in different Member States. During the period from 2009 to 2010, the rate of detection for certain deficiencies ranged from 2,1 % of all vehicles inspected in one Member State to 48,3 % in another. Finally, those reports show the significant differences in the number of technical roadside inspections performed as between Member States. In order to arrive at a more balanced approach, Member States should commit to carrying out an appropriate number of inspections, proportionate to the number of commercial vehicles registered and/or operating on their territory.

(10) Vans, such as N

vehicles, and their trailers are not subject to the same road safety requirements at Union level as heavy duty vehicles such as those relating to driving time, training for professional drivers or the installation of speed limitation devices. Although N

vehicles do not fall within the scope of this Directive, Member States should take such vehicles into account in their overall road safety and roadside inspection strategies.

(11) In order to avoid unnecessary administrative burdens and costs, and to improve the efficiency of inspections, it should be possible for competent national authorities to select, as a priority, vehicles operated by undertakings not complying with road safety and environmental standards, while vehicles which are operated by responsible and safety-minded operators and properly maintained should be rewarded with less frequent inspections. The selection of vehicles for roadside inspection based on the risk profile of their operators could prove to be a useful tool for the purposes of checking high-risk undertakings more closely and more often.

(12) Roadside inspections should be supported by the use of a risk rating system. Regulation (EC) No 1071/2009 requires Member States to extend the risk classification system established under Directive 2006/22/EC of the European Parliament and of the Council (6), as regards implementation of the rules on driving time and resting-periods, to cover other specified areas relating to road transport, including the roadworthiness of commercial vehicles. Consequently, the information concerning the number and severity of deficiencies found in vehicles should be introduced into the risk rating system established under Article 9 of Directive 2006/22/EC. It should be possible for Member States to decide on the appropriate technical and administrative arrangements for the operation of risk rating systems. The effectiveness and harmonisation of risk rating systems throughout the Union should be further analysed.

(13) The holder of the registration certificate and, where applicable, the operator of the vehicle should be responsible for keeping the vehicle in a roadworthy condition.

(14) Inspectors, when performing technical roadside inspections, should act independently, and their judgement should not be affected by conflicts of interest, including those of an economic or personal nature, in particular as regards the driver, the operator or the holder of the registration certificate, that could have any influence on the impartiality and objectivity of their decisions. There should therefore be no direct correlation between the reward of inspectors and the results of technical roadside inspections. This should not prevent a Member State from authorising private bodies to perform both more detailed technical roadside inspections and vehicle repairs, even on the same vehicle.

(15) Technical roadside inspections should consist of initial and, where necessary, more detailed inspections. In both cases they should cover relevant parts and systems of vehicles. In order to achieve harmonisation of more detailed inspections at Union level, recommended test methods and examples of deficiencies and their categorisation according to their severity should be introduced for each test item.

(16) Securing of cargo is crucial for road safety. Cargo should therefore be secured in such a way as to cope with accelerations occurring during the use of the vehicle on road. For the sake of practicality, the mass-forces resulting from such accelerations should be used as limit values based on European standards. Personnel involved in checking whether cargo is adequately secured should be appropriately trained.

(17) All parties involved in the logistics process, including packers, loaders, transport companies, operators and drivers, have a role to play in ensuring that cargo is properly packed and loaded on a suitable vehicle.

(18) In several Member States, reports of technical roadside inspections are drawn up by electronic means. In such cases, a copy of the inspection report should be provided to the driver. All the data and information gathered during technical roadside inspections should be transferred to a common database of the Member State concerned, so that the data can be easily processed and the relevant information can be transferred without any additional administrative burden.

(19) In order to reduce the administrative burden on inspection authorities, reports of initial technical roadside inspections, including on vehicles registered in third countries, should contain only essential information recording that a check took place on a particular vehicle and the outcome of that check. A detailed report should be required only where a more detailed inspection takes place following an initial inspection.

(20) The Commission should examine the possibility of combining the report form contained in Annex IV with other reports.

(21) The use of mobile inspection units reduces the delay and costs for operators as more detailed inspections can be performed directly at the roadside. The closest practicable testing centres and designated roadside inspection facilities may also be used to carry out more detailed inspections.

(22) Personnel conducting technical roadside inspections should be appropriately trained or qualified, including for the purpose of carrying out visual inspections in an efficient manner. Inspectors performing more detailed technical roadside inspections should have at least the same skills and fulfil the same requirements as those performing roadworthiness tests in accordance with Directive 2014/45/EU of the European Parliament and of the Council (7). Member States should require inspectors carrying out inspections in designated roadside inspection facilities or using mobile inspection units to fulfil these or equivalent requirements approved by the competent authority.

(23) In order to mitigate the costs arising from the use of technical equipment for a more detailed roadside inspection, Member States should be able to require a payment where deficiencies have been found. The amount of that payment should be reasonable and proportionate.

(24) Cooperation and exchange of best practices between Member States is crucial in order to achieve a more harmonised system of technical roadside inspections throughout the Union. Consequently, Member States should work more closely together, also during operational activities, where possible. Such cooperation should include the periodical organisation of concerted technical roadside inspections.

(25) In order to ensure the efficient exchange of information between Member States, there should be, within each Member State, a contact point for liaising with other relevant competent authorities. That contact point should also compile relevant statistics. Furthermore, Member States should apply a coherent national enforcement strategy on their territory and should be able to designate a 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.

(26) When designating contact points, constitutional provisions and the resulting level of competencies should be respected.

(27) In order to allow the roadside inspection regime implemented in the Union to be monitored, Member States should communicate to the Commission, before 31 March 2021 and before 31 March every two years thereafter, the results of the technical roadside inspections performed. The Commission should report the data collected to the European Parliament and to the Council.

(28) In order to minimise the time loss for undertakings and drivers and to increase the overall efficiency of roadside checks, 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 (8), Directive 2006/22/EC and Council Regulation (EEC) No 3821/85 (9), should be encouraged.

(29) Member States should lay down rules on penalties applicable to infringements of the provisions of this Directive and should ensure that they are implemented. Those penalties should be effective, proportionate, dissuasive and non-discriminatory. Member States should, in particular, include appropriate measures to address a failure by a driver or operator to cooperate with the inspector and for the unauthorised use of a vehicle with dangerous deficiencies.

(30) In order to ensure uniform conditions for the implementation of this Directive, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (10).

(31) The Commission should not adopt implementing acts concerning the procedures for the notification of vehicles with major or dangerous deficiencies to the contact points of the Member States of registration, as well as those laying down the data format for the communication to the Commission of the information collected by the Member States concerning vehicles inspected, where the Committee established pursuant to this Directive delivers no opinion on the draft implementing act presented by the Commission.

(32) In order to update Article 2(1) and Annex IV point 6 as appropriate, without affecting the scope of this Directive, to update point 2 of Annex II in respect of methods, and to adapt point 2 of Annex II in respect of the list of test items, methods, reasons for failure and assessment of deficiencies, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.

(33) Since the objective of this Directive, namely to improve road safety by laying down minimum common requirements and harmonised rules concerning technical roadside inspections of vehicles circulating within the Union, cannot be sufficiently achieved by the Member States but can rather, by reason of the scale of the action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.

(34) This Directive respects fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union as referred to in Article 6 of the Treaty on European Union.

(35) This Directive develops the existing regime of technical roadside inspections, updates the technical requirements of Directive 2000/30/EC and integrates the rules contained in Commission Recommendation 2010/379/EU (11). As a result, Directive 2000/30/EC should be repealed,

HAVE ADOPTED THIS DIRECTIVE:

CHAPTER I

SUBJECT MATTER, DEFINITIONS AND SCOPE

Article 1

Subject matter

In order to improve road safety and the environment, this Directive establishes minimum requirements for a regime of technical roadside inspections of the roadworthiness of commercial vehicles circulating within the territory of the Member States.

Article 2

Scope

1. This Directive 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 (12) and Directive 2007/46/EC:

(a) motor vehicles designed and constructed primarily for the carriage of persons and their luggage comprising more than eight seating positions in addition to the driver’s seating position — vehicle categories M

and M

;

(b) motor vehicles designed and constructed primarily for the carriage of goods and having a maximum mass exceeding 3,5 tonnes — vehicle categories N

and N

;

(c) trailers designed and constructed for the carriage of goods or persons, as well as for the accommodation of persons, having a maximum mass exceeding 3,5 tonnes — vehicle categories O

and O

;

(d) 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.

2. This Directive does not affect the right of Member States to carry out technical roadside inspections on vehicles not covered by this Directive, such as light commercial vehicles of category N

having a maximum mass not exceeding 3,5 tonnes, and to check other aspects of road transport and safety, or to carry out inspections in places other than public roads. Nothing in this Directive prevents a Member State from limiting the use of a particular type of vehicle to certain parts of its road network for reasons of road safety.

Article 3

Definitions

The following definitions shall only apply for the purposes of this Directive:

(1) ‘vehicle’ means any not rail-borne motor vehicle or its trailer;

(2) ‘motor vehicle’ means any power-driven vehicle on wheels which is moved by its own means with a maximum design speed exceeding 25 km/h;

(3) ‘trailer’ means any non-self propelled vehicle on wheels which is designed and constructed to be towed by a motor vehicle;

(4) ‘semi-trailer’ means any trailer designed to be coupled to a motor vehicle in such a way that part of it rests on the motor vehicle and a substantial part of its mass and the mass of its load is borne by the motor vehicle;

(5) ‘cargo’ means all goods that would normally be placed in or on the part of the vehicle designed to carry a load and that are not permanently fixed to the vehicle, including objects within load carriers such as crates, swap bodies or containers on vehicles;

(6) ‘commercial vehicle’ means a motor vehicle and its trailer or semi-trailer used primarily for the transport of goods or passengers for commercial purposes, such as transport for hire and reward or own-account transport, or for other professional purposes;

(7) ‘vehicle registered in a Member State’ means a vehicle which is registered or put into service in a Member State;

(8) ‘holder of a registration certificate’ means the legal or natural person in whose name the vehicle is registered;

(9) ‘undertaking’ means an undertaking as defined in point 4 of Article 2 of Regulation (EC) No 1071/2009;

(10) ‘technical roadside inspection’ means an unexpected technical inspection of the roadworthiness of a commercial vehicle carried out by the competent authorities of a Member State or under their direct supervision;

(11) ‘public road’ means a road that is of general public utility, such as a local, regional or national road, highway, expressway or motorway;

(12) ‘roadworthiness test’ means an inspection in accordance with point (9) of Article 3 of Directive 2014/45/EU;

(13) ‘roadworthiness certificate’ means a roadworthiness test report issued by the competent authority or a testing centre containing the result of the roadworthiness test;

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

(15) ‘inspector’ means a person authorised by a Member State or by its competent authority to carry out initial and/or more detailed technical roadside inspections;

(16) ‘deficiencies’ mean technical defects and other instances of non-compliance found during a technical roadside inspection;

(17) ‘concerted roadside inspection’ means a technical roadside inspection undertaken jointly by the competent authorities of two or more Member States;

(18) ‘operator’ means a natural or legal person operating the vehicle as its owner or authorised to operate the vehicle by its owner;

(19) ‘mobile inspection unit’ means a transportable system of test equipment needed to carry out more detailed technical roadside inspections, staffed by inspectors who are competent to carry out more detailed roadside inspection;

(20) ‘designated roadside inspection facility’ means a fixed area for the performance of initial and/or more detailed technical roadside inspections which may also be equipped with permanently installed test equipment.

CHAPTER II

TECHNICAL ROADSIDE INSPECTION SYSTEM AND GENERAL OBLIGATIONS

Article 4

Roadside inspection system

The technical roadside inspection system shall include initial technical roadside inspections as referred to in Article 10(1) and more detailed technical roadside inspections as referred to in Article 10(2).

Article 5

Percentage of vehicles to be inspected

1. For vehicles referred to in points (a), (b) and (c) of Article 2(1), the total number of initial technical roadside inspections in the Union shall, in every calendar year, correspond to at least 5 % of the total number of these vehicles that are registered in the Member States.

2. Each Member State shall make efforts to carry out an appropriate number of initial technical roadside inspections, proportionate to the total number of such vehicles that are registered in its territory.

3. Information on vehicles inspected shall be communicated to the Commission in accordance with Article 20(1).

Article 6

Risk rating system

For vehicles referred to in points (a), (b) and (c) of Article 2(1), Member States shall ensure that the information concerning the number and severity of deficiencies set out in Annex II and, where applicable, Annex III found on vehicles operated by individual undertakings is introduced into the risk rating system established under Article 9 of Directive 2006/22/EC. For the attribution of a risk profile to an undertaking, Member States may use the criteria set out in Annex I. That information shall be used to check undertakings with a high risk rating more closely and more often. The risk rating system shall be operated by the competent authorities of the Member States.

For the purpose of implementing the first subparagraph, the Member State of registration shall use the information received from other Member States pursuant to Article 18(1).

Member States may allow additional voluntary roadworthiness tests. Information on compliance with roadworthiness requirements obtained from voluntary tests may be taken into account in order to improve the risk profile of an undertaking.

Article 7

Responsibilities

1. Member States shall require that the roadworthiness certificate corresponding to the most recent periodic roadworthiness test or a copy thereof or, in the case of an electronically produced roadworthiness certificate, a certified or original printout of that certificate, and the report of the most recent technical roadside inspection, be kept on board the vehicle when they are available. Member States may allow their authorities to accept electronic evidence of such inspections when information in that regard is accessible.

2. Member States shall require undertakings and drivers of a vehicle subject to a technical roadside inspection to cooperate with the inspectors and to provide access to the vehicle, its parts and all relevant documentation for the purposes of the inspection.

3. Member States shall ensure that the responsibilities of undertakings for keeping their vehicles in a safe and roadworthy condition are defined, without prejudice to the responsibilities of the drivers of those vehicles.

Article 8

Inspectors

1. When selecting a vehicle for a technical roadside inspection and when carrying out that inspection, inspectors shall refrain from any discrimination on grounds of the nationality of the driver or of the country of registration or entry into service of the vehicle.

2. When carrying out a technical roadside inspection, the inspector shall be free from any conflict of interest that could have any influence on the impartiality and objectivity of his decision.

3. The reward of inspectors shall not be directly related to the results of initial or more detailed technical roadside inspections.

4. More detailed technical roadside inspections shall be carried out by inspectors who fulfil the minimum competence and training requirements laid down in Article 13 and in Annex IV to Directive 2014/45/EU. Member States may provide that inspectors carrying out inspections in designated roadside inspection facilities or using mobile inspection units are to fulfil those requirements or equivalent requirements approved by the competent authority.

CHAPTER III

INSPECTION PROCEDURES

Article 9

Selection of vehicles for initial technical roadside inspection

When identifying vehicles to be subject to an initial technical roadside inspection, inspectors may select, as a priority, vehicles operated by undertakings with a high-risk profile as referred to in Directive 2006/22/EC. Vehicles may also be selected randomly for inspection, or where there is a suspicion that the vehicle presents a risk to road safety or to the environment.

Article 10

Contents and methods of technical roadside inspections

1. Member States shall ensure that vehicles selected in accordance with Article 9 are subject to an initial technical roadside inspection.

In each initial technical roadside inspection of a vehicle, the inspector:

(a) shall check the latest roadworthiness certificate and technical roadside inspection report, where available, kept on board, or electronic evidence thereof in accordance with Article 7(1);

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

(d) may carry out technical checks by any method deemed appropriate. Such technical checks may be carried out in order to substantiate a decision to submit the vehicle to a more detailed technical roadside inspection, or to request that the deficiencies be rectified without delay in accordance with Article 14(1).

The inspector shall verify whether any deficiencies indicated in the previous technical roadside inspection report have been rectified.

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

3. A more detailed technical roadside inspection shall cover those items listed in Annex II that are considered necessary and relevant, taking into account in particular the safety of the brakes, tyres, wheels, chassis and nuisance, and the recommended methods applicable to the testing of those items.

4. 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 three months, the inspector shall not check that item, except where such a check is justified on the grounds of an obvious deficiency.

Article 11

Inspection facilities

1. A more detailed technical roadside inspection shall be carried out using a mobile inspection unit or a designated roadside inspection facility, or in a testing centre as referred to in Directive 2014/45/EU.

2. Where a more detailed inspection is to be carried out in a testing centre or designated roadside inspection facility, it shall be carried out as soon as possible in one of the closest practicable centres or facilities.

3. Mobile inspection units and designated roadside inspection facilities shall include appropriate equipment for carrying out a more detailed technical roadside inspection, including the equipment necessary to assess the condition of the brakes and brake efficiency, steering, suspension and nuisance of the vehicle as required. Where mobile inspection units or designated roadside inspection facilities do not include the equipment required to check an item indicated in an initial inspection, the vehicle shall be directed to a testing centre or facility where a detailed check of that item can be performed.

Article 12

Assessment of deficiencies

1. For each item to be inspected, Annex II provides a list of possible deficiencies and their level of severity to be used during technical roadside inspections.

2. Deficiencies found during technical roadside inspections of vehicles shall be categorised in one of the following groups:

(a) minor deficiencies having no significant effect on the safety of the vehicle or impact on the environment, and other minor non-compliances,

(b) major deficiencies that may prejudice the safety of the vehicle or have an impact on the environment or put other road users at risk, or other more significant non-compliances;

(c) dangerous deficiencies constituting a direct and immediate risk to road safety or having an impact on the environment.

3. A vehicle having deficiencies falling into more than one of the deficiency groups referred to in paragraph 2 shall be classified in the group corresponding to the more serious deficiency. A vehicle showing several deficiencies within the same inspection areas as defined in the scope of the technical roadside inspection referred to in point 1 of Annex II may be classified in the next most serious deficiency group if it is considered that the combined effect of those deficiencies results in a higher risk to road safety.

Article 13

Inspection of cargo securing

1. During a roadside inspection a vehicle may be subject to an inspection of its cargo securing in accordance with Annex III, in order to ensure that the cargo is secured in such a way that it does not interfere with safe driving, or pose a threat to life, health, property or the environment. Checks may be carried out to verify that during all kinds of operation of the vehicle, including emergency situations or uphill starting manoeuvres:

— loads can only minimally change their position relative to each other, against walls or surfaces of the vehicle, and

— loads cannot leave the cargo space or move outside the loading surface.

2. Without prejudice to the requirements applicable to transport of certain categories of goods, such as those covered by the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR) (13), cargo securing and inspection of the securing of cargo may be carried out in accordance with the principles and, where appropriate, the standards laid down in Section I of Annex III. The latest version of the standards laid down in point 5 of Section I of Annex III may be used.

3. The follow-up procedures referred to in Article 14 may also apply in the case of major or dangerous deficiencies related to cargo securing.

4. Member States shall provide that personnel involved in cargo securing checks are to be appropriately trained for that purpose.

Article 14

Follow-up in the case of major or dangerous deficiencies

1. Without prejudice to Article 14(3), Member States shall provide that any major or dangerous deficiency revealed by an initial or more detailed inspection is to be rectified before the vehicle is further used on public roads.

2. The inspector may decide that the vehicle is to be subject to a full roadworthiness test within a specified time limit if it is registered in the Member State where the technical roadside inspection has been carried out. If the vehicle is registered in another Member State, the competent authority may request the competent authority of that other Member State, via the contact points referred to in Article 17, to carry out a new roadworthiness test of the vehicle following the procedure laid down in Article 18(2). Where major or dangerous deficiencies are found in a vehicle registered outside the Union, Member States may decide to inform the competent authority of the country of registration of the vehicle.

3. In the case of any deficiencies which require prompt or immediate rectification due to any direct and immediate risk to road safety, the Member State or the competent authority concerned shall provide that the use of the vehicle in question is to be restricted or prohibited until those deficiencies have been rectified. The use of such a vehicle may be permitted in order to enable it to reach one of the closest workshops where those deficiencies can be rectified, on condition that the dangerous deficiencies in question 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 its occupants or other road users. In the case of deficiencies that do not require immediate rectification, the Member State or the competent authority concerned may decide on the conditions and a reasonable timespan under which the vehicle may be used before the deficiencies are rectified.

Where the vehicle cannot be fixed in such a way to allow it to reach the workshop, the vehicle may be brought to an available location where it can be repaired.

Article 15

Inspection fees

Where deficiencies have been found following a more detailed inspection, Member States may require the payment of a reasonable and proportionate fee that should be linked to the cost of carrying out that inspection.

Article 16

Inspection report and databases on technical roadside inspections

1. For each initial technical roadside inspection carried out, the following information shall be communicated to the competent authority:

(a) country of registration of the vehicle;

(b) category of the vehicle;

2. On completion of a more detailed inspection, the inspector shall draw up a report in accordance with Annex IV. Member States shall ensure that the driver of the vehicle is provided with a copy of the inspection report.

3. The inspector shall communicate to the competent authority the results of the more detailed technical roadside inspection within a reasonable time following that inspection. The competent authority shall keep that information in accordance with the applicable legislation on data protection for not less than 36 months from the date of its receipt.

CHAPTER IV

COOPERATION AND EXCHANGE OF INFORMATION

Article 17

Designation of a contact point

1. Member States shall designate a contact point which shall:

— ensure coordination with contact points designated by other Member States as regards actions taken under Article 18;

— forward the data referred to in Article 20 to the Commission;

— ensure, where appropriate, any other exchange of information with, and the provision of assistance to, the contact points of other Member States.

2. Member States shall forward to the Commission the names and contact details of their national contact point by 20 May 2015, and shall inform it without delay of any changes thereto. The Commission shall draw up a list of all contact points and forward it to the Member States.

Article 18

Cooperation between Member States

1. In cases where major or dangerous deficiencies, or deficiencies resulting in a restriction or prohibition on the use the vehicle, are found in a vehicle not registered in the Member State of inspection, the contact point shall notify the results of the inspection to the contact point of the Member State of registration of the vehicle. That notification shall contain the elements of the roadside inspection report as set out in Annex IV and shall be communicated preferably 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 for the notification of vehicles with major or dangerous deficiencies to the contact point of the Member State of registration in accordance with the examination procedure referred to in Article 23(2).

2. In cases where major or dangerous deficiencies are found in a vehicle, the contact point of the Member State in which the vehicle has been inspected may request the competent authority of the Member State in which the vehicle is registered, via the contact point of the latter Member State, to take appropriate follow-up action, such as submitting the vehicle to a further roadworthiness test as provided for in Article 14.

Article 19

Concerted technical roadside inspections

On a yearly basis, Member States shall regularly undertake concerted roadside inspection activities. Member States may combine those activities with those provided for by Article 5 of Directive 2006/22/EC.

Article 20

Communication of information to the Commission

1. Before 31 March 2021 and before 31 March every two years thereafter, Member States shall communicate to the Commission, by electronic means, the data collected relating to the previous two calendar years and concerning the vehicles inspected in their territory. Those data shall indicate:

(a) the number of vehicles inspected;

(b) the category of vehicles inspected;

(d) in the case of more detailed inspections, the areas checked and the items failed, in accordance with point 10 of Annex IV.

The first report shall cover the period of two years beginning on 1 January 2019.

2. The Commission shall adopt detailed rules, in accordance with the examination procedure referred to in Article 23(2), concerning the format in which the data referred to in paragraph 1 are to be communicated by electronic means. Pending the establishment of such rules, the standard reporting form set out in Annex V shall be used.

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

CHAPTER V

DELEGATED AND IMPLEMENTING ACTS

Article 21

Delegated acts

The Commission shall be empowered to adopt delegated acts in accordance with Article 22 in order to:

— update Article 2(1) and point 6 of Annex IV as appropriate in order to take account of changes to the vehicle categories stemming from amendments to the legislation referred to in that Article, without affecting the scope of this Directive;

— update point 2 of Annex II in respect of methods in the event that more efficient and effective test methods become available, without extending the list of items to be tested;

— adapt point 2 of Annex II, following a positive assessment of the costs and benefits involved, in respect of the list of test items, methods, reasons for failure and assessment of deficiencies in the event of a modification of mandatory requirements relevant for type-approval in Union safety or environmental legislation.

Article 22

Exercise of delegation

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

2. The delegation of power referred to in Article 21 shall be conferred on the Commission for a period of five years from 19 May 2014. 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 an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

3. The delegation of powers referred to in Article 21 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the

Official Journal of the European Union

or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

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

5. A delegated act adopted pursuant to Article 21 shall enter into force only if no objection has been expressed by either the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

Article 23

Committee procedure

1. The Commission shall be assisted by the Roadworthiness Committee referred to in Directive 2014/45/EU. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. Where the committee delivers no opinion, the Commission shall not adopt the draft implementing act and the third paragraph of Article 5(4) of Regulation (EU) No 182/2011 shall apply.

CHAPTER VI

FINAL PROVISIONS

Article 24

Reporting

1. By 20 May 2016, the Commission shall submit a report to the European Parliament and the Council on the implementation and effects of this Directive. The report shall analyse, in particular, its effect in terms of improvement of road safety as well as the costs and benefits of the possible inclusion of N

and O

category vehicles within the scope of this Directive.

2. No later than 20 May 2022, the Commission shall submit to the European Parliament and to the Council a report on the application and effects of this Directive, in particular as regards the effectiveness and harmonisation of risk rating systems, notably in the definition of a mutually comparable risk profile of the different undertakings concerned. That report shall be accompanied by a detailed impact assessment analysing the costs and benefits throughout the Union. The impact assessment shall be made available to the European Parliament and to the Council at least six months prior to the submission of any legislative proposal, if appropriate, to include new categories of vehicles within the scope of this Directive.

Article 25

Penalties

The Member States shall lay down the rules on penalties applicable to infringements of the provisions of this Directive and shall take all measures necessary to ensure that they are implemented. Those penalties shall be effective, proportionate, dissuasive and non-discriminatory.

Article 26

Transposition

1. Member States shall adopt and publish, by 20 May 2017, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall immediately inform the Commission thereof.

They shall apply those measures from 20 May 2018.

With regard to the risk rating system referred to in Article 6 of this Directive, they shall apply those measures from 20 May 2019.

When Member States adopt those measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

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

Article 27

Repeal

Directive 2000/30/EC is repealed with effect from 20 May 2018.

Article 28

Entry into force

This Directive shall enter into force on the twentieth day following that of its publication in the

Official Journal of the European Union

Article 29

Addressees

This Directive is addressed to the Member States.

Done at Brussels, 3 April 2014.

For the European Parliament

The President

M. SCHULZ

For the Council

The President

D. KOURKOULAS

(1)

OJ C 44, 15.2.2013, p 128

(2) Position of the European Parliament of 11 March 2014 (not yet published in the Official Journal) and decision of the Council of 24 March 2014.

(3) 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 and repealing Council Directive 96/26/EC (

OJ L 300, 14.11.2009, p. 51

(4) Directive 2007/46/EC of the European Parliament and the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (

OJ L 263, 9.10.2007, p. 1

(5) Directive 2000/30/EC of the European Parliament and of the Council of 6 June 2000 on the technical roadside inspection of the roadworthiness of commercial vehicles circulating in the Community (

OJ L 203, 10.8.2000, p. 1

(6) Directive 2006/22/EC of the European Parliament and of the Council of 15 March 2006 on minimum conditions for the implementation of Council Regulations (EEC) No 3820/85 and (EEC) No 3821/85 concerning social legislation relating to road transport activities and repealing Council Directive 88/599/EEC (

OJ L 102, 11.4.2006, p. 35

(7) Directive 2014/45/EU of the European Parliament and of the Council of 3 April 2014 on periodic roadworthiness tests for motor vehicles and their trailers and repealing Directive 2009/40/EC (see page 51 of this Official Journal).

(8) 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 and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85 (

OJ L 102, 11.4.2006, p. 1

(9) Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport (

OJ L 370, 31.12.1985, p. 8

(10) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission’s exercise of implementing powers (

OJ L 55, 28.2.2011, p. 13

(11) Commission Recommendation 2010/379/EU of 5 July 2010 on the risk assessment of deficiencies detected during technical roadside inspections (of commercial vehicles) in accordance with Directive 2000/30/EC (

OJ L 173, 8.7.2010, p. 97

(12) Directive 2003/37/EC of the European Parliament and 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 repealing Directive 74/150/EEC (

OJ L 171, 9.7.2003, p. 1

(13) Transposed by Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008 on the inland transport of dangerous goods (

OJ L 260, 30.9.2008, p. 13

), as amended by, inter alia, Commission Directive 2012/45/EU (

OJ L 332, 4.12.2012, p. 18

ANNEX I

ELEMENTS OF THE RISK RATING SYSTEM

The risk rating system shall provide the basis for a targeted selection of vehicles operated by undertakings with a poor record concerning compliance with vehicle maintenance and roadworthiness requirements. It shall take into account results from both periodic roadworthiness tests and technical roadside inspections.

The risk rating System shall consider the following parameters for determining a risk rating for the undertaking concerned:

— number of deficiencies

— severity of deficiencies

— number of technical roadside inspections or periodic and voluntary roadworthiness tests

— time factor

The deficiencies shall be weighted according to their severity, using the following severity factors:

— Dangerous deficiency

— Major deficiency

— Minor deficiency

The evolution of an undertaking’s (vehicle’s) situation shall be reflected by applying a lower weighting to ‘older’ inspection results (deficiencies) than to more ‘recent’ ones, using the following factors:

— Year 1 = last 12 months = factor 3

— Year 2 = months 13-24 = factor 2

— Year 3 = months 25-36 = factor 1

This shall only apply for the calculation of the overall risk rating.

The risk rating shall be calculated using the following formulas:

(a) The formula for the overall risk rating:

[Bild bitte in Originalquelle ansehen]

Where

overall risk rating score

total for the defects in year 1, 2, 3

[Bild bitte in Originalquelle ansehen]

in year 1

#…

number of…

dangerous deficiencies

MaD

major deficiencies

MiD

minor deficiencies

checks (technical roadside inspections or periodic and voluntary roadworthiness tests) in year 1, 2, 3

(b) The formula for the annual risk rating:

[Bild bitte in Originalquelle ansehen]

Where

annual risk score

#…

number of…

dangerous deficiencies

MaD

major deficiencies

MiD

minor deficiencies

checks (technical roadside inspections or periodic and voluntary roadworthiness tests)

The annual risk shall be used to assess the evolution of an undertaking over the years.

The classification of undertakings (vehicles) based on the overall risk rating shall be performed in such a way that the following distribution within the listed undertakings (vehicles) is reached:

— < 30 % low risk

— 30-80 % medium risk

— > 80 % high risk.

ANNEX II

SCOPE OF TECHNICAL ROADSIDE INSPECTION

1. INSPECTION AREAS

(0) Identification of the vehicle;

(1) Braking equipment;

(2) Steering;

(3) Visibility;

(4) Lighting equipment and parts of electrical system;

(5) Axles, wheels, tyres, suspension;

(6) Chassis and chassis attachments;

(7) Other equipment;

(8) Nuisance;

(9) Supplementary tests for passenger-carrying vehicles of categories M

and M

2. INSPECTION REQUIREMENTS

Items that may only be checked by the use of equipment are marked with an E.

Items that can only be checked to some extent without the use of equipment are marked with + (E).

Where a method of inspection is indicated as visual, this means that, in addition to looking at the items concerned, the inspector shall also, if appropriate, handle them, evaluate their noise or use any other appropriate means of inspection not involving the use of equipment.

Technical roadside inspections may cover items listed in Table 1, which includes the recommended testing methods that should be used. Nothing in this Annex shall prevent an inspector from using additional equipment where relevant, such as a hoist or a pit.

The tests shall be carried out using techniques and equipment currently available, without the use of tools to dismantle or remove any part of the vehicle. The test may also include a verification as to whether the respective parts and components of the vehicle correspond to the safety and environmental requirements that were in force at the time of approval or, if applicable, at the time of retrofitting.

Where the design of the vehicle does not allow the application of the test methods laid down in this Annex, the test shall be conducted in accordance with the recommended test methods accepted by the competent authorities.

The ‘Reasons for failure’ do not apply in cases where they refer to requirements which were not prescribed in the relevant vehicle approval legislation at the time of first registration or first entry into service, or in the retrofitting requirements.

3. CONTENTS AND METHODS OF TESTING, ASSESSMENT OF DEFICIENCIES OF VEHICLES

The test shall cover those items that are considered necessary and relevant, taking into account in particular the safety of the brakes, tyres, wheels, chassis and nuisance, and the recommended methods listed in the following table.

For each vehicle system and component subject to testing, the assessment of deficiencies shall be carried out in accordance with the criteria set out in that table, on a case-by-case basis.

Deficiencies not listed in this Annex shall be assessed in terms of the risks that they pose to road safety.