Explanatory Memorandum to COM(2012)382 - Technical roadside inspection of the roadworthiness of commercial vehicles circulating in the Union - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2012)382 - Technical roadside inspection of the roadworthiness of commercial vehicles circulating in the Union. |
|---|---|
| source | COM(2012)382  |
| date | 13-07-2012 |
· Grounds for and objectives of the proposal
The objective of the proposal is to lay down updated harmonised rules on the roadside inspection of motor vehicles and their trailers with a view to enhance road safety and environmental protection.
The proposal aims at contributing to reach the target of a reduction of road fatalities by the half until 2020 as laid down in the Policy Orientations on Road Safety 2011 - 2020[1]. It will also contribute to the reduction of emissions in road transport linked to poor maintenance of vehicles.
· General context
Before a vehicle is allowed to be put on the market, it has to fulfil all the relevant type or individual approval requirements guaranteeing an optimal level of safety and environmental standards. Every Member State has the obligation to register for the first time any vehicle that got the European type-approval on the basis of the “Certificate of Conformity” issued by the vehicle manufacturer. This registration is the official authorisation for the use on public roads and enforces the different introduction dates of different vehicles' requirements.
Following this approval, cars on the road have be regularly submitted to periodic roadworthiness tests. The aim of these tests is to ensure that cars on the road remain roadworthy, safe and do not pose any danger to the driver and other road users. Cars are therefore checked for compliance with certain requirements, such as those for safety and environmental protection, as well as for retrofitting requirements. Because of their regular and intensive use mainly for commercial purposes, vehicles used for the professional transport of goods with a laden mass above 3.5 tonnes and for the professional transport of passengers of more than 8 passengers are additionally subject to ad hoc technical roadside inspections by which their compliance with environmental and technical requirements is verified at anytime and anywhere in the EU.
During a vehicle's lifetime it may be subject to re-registration, due to a change of ownership, or a transfer to another Member State for permanent use. Provisions on a vehicle registration procedure should be similarly introduced to ensure that vehicles which constitute an immediate risk to road safety are not used on roads. The main objective of technical roadside inspections is to ensure that in the intervals between periodic roadworthiness tests, commercial vehicles do not pose significant risks to road safety. It also aims at the creation of a level playing field regarding the quality of maintenance of the commercial vehicles circulating within the Union by discouraging irresponsible operators from attempting to gain a competitive advantage by operating inadequately maintained vehicles.
· Existing provisions in the area of the proposal
The 'Roadworthiness Package' will carry over the existing requirements laid down in the existing legislative framework related to the roadworthiness regime, which covers roadworthiness tests[2], roadside inspections[3] and rules on the registration of vehicles i.
Compared to the existing legislation on roadside inspections, the main objective of the proposal is to provide for a risk-rating system aimed at focusing inspections on vehicles operated by undertaking with poor safety records, thus rewarding vehicles operated by undertakings which are safety and environment minded. The proposal also lays down new requirements on several issues related to the standard and quality of testing, namely test equipment, skills and training of testing personnel and supervision of the testing system.
· Consistency with the other policies and objectives of the Union
The proposal is consistent with the EU objective to make roads safer as outlined in the White Paper on Transport[5] and aims at implementing the specific strategy related to safer vehicles within the Road Safety Policy Orientations 2011-2020.
Furthermore, as far as the environmental aspects of the proposal are concerned, the foreseen requirements contribute to reduce CO2 emissions and other air pollutants from motor vehicles following the European Strategy on clean and energy efficient vehicles as well as the integrated energy and climate change policy the so-called '20-20-20 strategy' and to contribute to achieve the air quality objectives set out in Directive 2008/50/EC[6]
Contents
- RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS
- LEGAL ELEMENTS OF THE PROPOSAL
- BUDGETARY IMPLICATION
- Consultation methods
- Summary of responses and how they have been taken into account
- Scientific/expertise domains concerned
- Methodology used
- Means used to make the expert advice publicly available
· Consultation of interested parties
In developing the proposal the Commission has consulted stakeholders in a number of ways:
– There was a general internet consultation, covering all aspects of the proposal.
– Experts and stakeholders have been consulted within workshops.
– A study on future options for roadworthiness and roadside enforcement in the European Union has been carried out to identify possible measures and to elaborate a cost benefit analysis tool related to the effects of roadworthiness testing and roadside inspections.
During the internet consultation, several issues were raised by stakeholders. The impact assessment that accompanies this proposal provides a full account of the substantive issues raised and indicates how they have been taken into consideration.
An open consultation was conducted over the internet from 29 July 2010 to 24 September 2010.The Commission received 9,653 responses from citizens, Member State authorities, equipment suppliers, test centres, garage associations and vehicle manufacturers.
The results are available on ec.europa.eu/transport/road_safety/take-part
· Collection and use of expertise
The proposal required the assessment of different policy options as well as the associated economic, societal and environmental impacts.
A study on the impacts of the different policy options has been performed by an external consultant (Europe Economics) using several scientific and evaluation reports, notably as sources of models and data for the monetization of the costs and benefits of the different policy options. Most extensively used studies include the following:
– The Report from the Commission to the Council and the European Parliament on the application by the Member States of Directive 2000/30/EC of the European Parliament and of the Council of 6 June 2000 on the technical roadside inspections of the roadworthiness of commercial vehicles circulating in the community - Reporting periods 2005–2006 and 2007–2008[7],
– AUTOFORE (2007),
– 'MOT Scheme Evidence-base' Department of Transport (UK, 2008),
– DEKRA Road Safety Report 2008 – Strategies for preventing accidents on Europe's roads,
– DEKRA Road Safety Report on Trucks 2009,
– DEKRA Motorcycle road safety report 2010,
– TÜV Reports 2009 / 2010.
All completed and approved research reports are or will be made available on the DG Mobility and Transport website.
· Impact assessment
For the main aspects of the proposal the following options were considered:
(a) The No policy change approach provides the reference case against which the effects of other policy options are compared. Within this option, the present EU legal framework for would be maintained.
(b) The 'Soft law approach' would consist in a better implementation and better monitoring of the application of existing legislation. This option would not introduce new legislation, but there would be new and increased efforts by the Commission to improve the standards of testing and enforcement, as well as actions to incentivise the exchange of data.
(c) The 'Legislative approach' would be based on two components.
– In order to meet the specific objective to enhance the safety of vehicles on the road, the first component is to revise upwards the minimum EU standards for periodic roadworthiness tests (PTI) and unexpected roadside inspections (RSI) and define mandatory standards. This is essential to avoid that gaps in the system reduce the effectiveness of roadworthiness enforcement as a whole.
– In order to meet the specific objective of making the necessary data for and from roadworthiness testing available, a second component of the overall regime would include, in a second phase, the possible establishment of an EU harmonised data exchange system linking the existing databases with a view to improve the efficiency of the implementation of the EU roadworthiness package.
In several Member States a high number of private authorised test centres carry out roadworthiness tests. In order to ensure a coherent approach, certain common procedures such as minimum time limits and the nature of the information to be forwarded, should be specified in the legislation
However, the impact assessment has shown the benefits of a combination of a soft-law approach with a regulatory approach. Therefore, the soft-law measures previously envisaged by the impact assessment have been integrated into the legislative texts.
· Summary of the proposed action
Light commercial vehicles and their trailers will be included into the scope of roadside test activities as this group of vehicles does not follow the downward trend in road fatalities. Other commercially used light vehicles such as taxis or ambulances, which are already subject to annual roadworthiness tests, shall not be the main target of roadside inspections taking into consideration that these vehicles show the lowest fatality rates.
To better distribute the roadside inspections by Member States a percentage of the number of registered commercial vehicles shall be inspected every year. The envisaged percentage will in total not exceed the number of roadworthiness tests already performed in the Union.
The selection of vehicles shall be based on the risk profile of the operators and target on high risk undertakings to reduce the burden on such operators that maintain their vehicles in a proper way. With the current provisions following Directive 2000/30/EC and as shown in the Commission's report on its implementation[8] a high number of vehicles are stopped for roadside inspections where no defects are found. The impact assessment showed that with a risk rated approach for technical roadside inspections some 2.3 Mio checks of well-maintained vehicles could be avoided, with a potential to save € 80.4 Mio for the transport operators. The company profiling shall be based on the results of previous roadworthiness tests and roadside inspections similar to the system that has been introduced by Directive 2006/22/EC[9] in the area of driving- and resting-time enforcement.
More elaborated roadside inspections shall be performed using testing equipment either by mobile inspection units or at test centres in close vicinity. The securing of cargo should be included in the roadside checks. Deficiencies detected shall be assessed according to harmonised rules related to their risk.
The level of knowledge and skills of inspectors performing roadside inspectors shall meet at least the level of those conducting roadworthiness tests.
Cooperation between Member State enforcement authorities should be further promoted through concerted checks, joint training initiatives, the electronic exchange of information, and the exchange of intelligence and experience. Member States shall closely cooperate and organise regularly concerted inspection activities where each Member State acts on its own territory focusing on the selected target of the concerted action, such as the condition of tyres or securing of cargo.
Cooperation and exchange of information between Member States and with the Commission will be performed more efficient via designated points of contact in the Member States.
The reporting to the Commission will be performed by using standardised reporting forms.
The Commission shall be empowered to update the annexes to technical progress via delegated acts and to maintain the certificates and reporting forms in close cooperation with Member States via implementing acts including inter alia alternative test procedures based upon modern emission after-treatment systems for checking the in use NOx and particulate emissions conformity which are still under development.
· Legal basis
The legal basis of the proposal is Article 91 of the Treaty on the Functioning of the European Union.
· Subsidiarity principle
The subsidiarity principle applies insofar as the proposal does not fall under the exclusive competence of the Union.
The objectives of the proposal cannot be sufficiently achieved by the Member States for the following reason: the technical requirements for roadside inspections have been set on a minimum level at Union level and their implementation by Member States has led to a high diversity in the requirements throughout the Union with negative impacts both on road safety but also on the internal market.
The proposal therefore complies with the subsidiarity principle.
· Proportionality principle
The proposal complies with the proportionality principle for the following reasons.
As showed in the impact assessment, the proposal complies with the proportionality principle because it does not go beyond what is necessary in order to achieve the objectives related to the increase of road safety and environmental protection by increasing the quality and strengthening of roadside inspections and creating the appropriate framework for a seamless flow of information.
· Choice of instrument
Proposed instruments: Regulation.
The use of a Regulation is considered to be appropriate in providing the required assurance of compliance whilst not requiring the transposition into Member States legislation.
The proposal has no implication on the Union budget.
5. OPTIONAL ELEMENTS [where necessary]
· Repeal of existing legislation
The adoption of the proposal will lead to the repeal of existing legislation.
· European Economic Area
The proposed act concerns an EEA matter and should therefore extend to the European Economic Area.