Recommendation 2010/379 - Risk assessment of deficiencies detected during technical roadside inspections (of commercial vehicles) in accordance with Directive 2000/30/EC - Main contents
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official title
Commission Recommendation 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 of the European Parliament and of the Council| Legal instrument | Recommendation |
|---|---|
| Number legal act | Recommendation 2010/379 |
| CELEX number i | 32010H0379 |
| Document | 05-07-2010 |
|---|---|
| Publication in Official Journal | 08-07-2010; OJ L 173 p. 97-105 |
| Effect | 05-07-2010; Entry into force Date of document |
| End of validity | 31-12-9999 |
8.7.2010 |
EN |
Official Journal of the European Union |
L 173/97 |
COMMISSION RECOMMENDATION
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 of the European Parliament and of the Council
(2010/379/EU)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 292, thereof,
Whereas:
(1) |
In the interests of road safety, environmental protection and fair competition it is important to ensure that commercial vehicles in operation are properly maintained and inspected, so that they maintain their safe traffic performance when circulating within the Union. |
(2) |
In addition to the standards and methods referred to in 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 (1), in order to achieve a more harmonised system and to avoid unequal treatment at technical roadside inspections, guidelines should be introduced for the assessment of the deficiencies listed in Annex II to that Directive. |
(3) |
To reflect the seriousness of failures, three categories should be introduced. |
(4) |
Each category of failure should describe the consequences for the use of the vehicle in that condition, |
HAS ADOPTED THIS RECOMMENDATION:
Member States should assess deficiencies detected at roadside inspections of the roadworthiness of a vehicle in accordance with the guidelines set out in the Annex to this recommendation.
Done at Brussels, 5 July 2010.
For the Commission
Siim KALLAS
Vice-President
ANNEX
Guidelines for the assessment of defects and deficiencies
In the framework of implementing Directive 2000/30/EC, this document lists guidelines which Member States are recommended to apply for assessing defects (defined as both technical defects and other non-compliances) that are found during technical roadside inspections of vehicles.
The defects are classified as follows:
MINOR DEFECTS (MiD) |
MAJOR DEFECTS (MaD) |
DANGEROUS DEFECTS (DD) |
Each defect category should be defined by reference to the condition of the vehicle as follows:
MINOR DEFECTS
Technical defects that have no significant effect on the safety of the vehicle and other minor non-compliances. The vehicle does not have to be re-examined as it can reasonably be expected that the detected defects will be rectified without delay.
MAJOR DEFECTS
Defects that may prejudice the safety of the vehicle and/or put other road users at risk and other more significant non-compliances. The vehicle must be repaired as soon as possible and further use may be subject to restrictions and conditions, for example, submitting the vehicle to a further roadworthiness inspection.
DANGEROUS DEFECTS
Defects 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.
A vehicle having defects falling into more than one defect group should be classified according to the most serious defect. A vehicle showing several defects of the same group can be classified in the next more serious group if their combined effect makes the vehicle more dangerous.
For defects which can be classified in more than one category, it should be the responsibility of the inspector carrying out the test to categorise the defects according to their severity in accordance with national legislation.
Requirements...
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