Directive 2014/47/EU of the European Parliament and of the CouncilDangos y teitl llawn

CHAPTER I U.K. SUBJECT MATTER, DEFINITIONS AND SCOPE

Article 1 U.K. 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 U.K. 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(1) 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 M₂ and M₃;

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

(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 O₃ and O₄;

(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 N₁ 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 U.K. 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.

(1)

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).