Directive 2014/45/EU of the European Parliament and of the CouncilShow full title

CHAPTER I SUBJECT MATTER, DEFINITIONS AND SCOPE

Article 1 Subject matter

This Directive establishes minimum requirements for a regime of periodic roadworthiness tests of vehicles used on public roads.

Article 2 Scope

1. This Directive shall apply to vehicles with a design speed exceeding 25 km/h of the following categories, as referred to in Directive 2002/24/EC, Directive 2003/37/EC and Directive 2007/46/EC:

• motor vehicles designed and constructed primarily for the carriage of persons and their luggage comprising not more than eight seating positions in addition to the driver’s seating position – vehicle category M₁;

• 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 M₂ and M₃;

• motor vehicles designed and constructed primarily for the carriage of goods, having a maximum mass not exceeding 3,5 tonnes – vehicle category N₁;

• motor vehicles designed and constructed primarily for the carriage of goods, having a maximum mass exceeding 3,5 tonnes – vehicle categories N₂ and N₃;

• 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 O₃ and O₄;

• from 1 January 2022, two- or three-wheel vehicles – vehicle categories L3e, L4e, L5e and L7e, with an engine displacement of more than 125 cm³;

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

2. Member States may exclude the following vehicles registered in their territory from the scope of application of this Directive:

• vehicles operated or used in exceptional conditions and vehicles which are never, or hardly ever, used on public roads, such as vehicles of historical interest or competition vehicles;

• vehicles covered by diplomatic immunity;

• vehicles used by armed forces, forces responsible for law and order, fire services, civil protection service and emergency or rescue services;

• vehicles used for agricultural, horticultural, forestry, farming or fishery purposes only on the territory of the Member State concerned and mainly on the terrain where such activity takes place, including agricultural roads, forestry roads or agricultural fields;

• vehicles used exclusively in small islands or sparsely populated areas;

• specialised vehicles transporting circus and funfair equipment, with a maximum design speed not exceeding 40 km/h, and only operating on the territory of the Member State concerned;

• vehicles in categories L3e, L4e, L5e and L7e, with an engine displacement of more than 125 cm³, where the Member State has put in place effective alternative road safety measures for two- or three-wheel vehicles, taking into account in particular relevant road safety statistics covering the last five years. Member States shall notify such exemptions to the Commission.

3. Member States may introduce national requirements concerning roadworthiness tests for vehicles registered in their territory which are not covered by the scope of this Directive and for vehicles listed in paragraph 2.

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)

‘two- or three-wheel vehicle’ means any power-driven vehicle on two wheels, with or without a sidecar, and any tricycle or quadricycle;

(6)

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

(7)

‘vehicle of historical interest’ means any vehicle which is considered to be historical by the Member State of registration or one of its appointed authorising bodies and which fulfils all the following conditions:

• it was manufactured or registered for the first time at least 30 years ago;

• its specific type, as defined in the relevant Union or national law, is no longer in production;

• it is historically preserved and maintained in its original state and has not undergone substantial changes in the technical characteristics of its main components;

(8)

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

(9)

‘roadworthiness test’ means an inspection in accordance with Annex I designed to ensure that a vehicle is safe to be used on public roads and that it complies with required and mandatory safety and environmental characteristics;

(10)

‘approval’ means a procedure whereby a Member State certifies that a vehicle satisfies the relevant administrative provisions and technical requirements referred to in Directive 2002/24/EC, Directive 2003/37/EC and Directive 2007/46/EC;

(11)

‘deficiencies’ means technical defects and other instances of non-compliance found during a roadworthiness test;

(12)

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

(13)

‘inspector’ means a person authorised by a Member State or by its competent authority to carry out roadworthiness tests in a testing centre or, where appropriate, on behalf of a competent authority;

(14)

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

(15)

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

(16)

‘supervising body’ means a body or bodies set up by a Member State, responsible for the supervision of testing centres. A supervising body can be part of the competent authority or competent authorities;

(17)

‘small island’ means an island with fewer than 5 000 inhabitants which is not linked to the other parts of territory by road bridges or road tunnels;

(18)

‘sparsely populated area’ means a predefined area with a population density of fewer than five persons per square kilometre;

(19)

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