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
(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 ,
After consulting the Committee of the Regions,
Acting in accordance with the ordinary legislative procedure ,
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 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. Technical roadside inspections of commercial vehicles should merely be complementary to periodic testing.
(4)
Member States should be allowed to set higher test standards than those required by this Directive.
(5)
Enforcement of roadworthiness measures may include awareness campaigns focusing on vehicle owners and aimed at developing good practices and habits resulting from basic checks on their vehicles.
(6)
Vehicles with malfunctioning technical systems have an impact on road safety and may contribute to road crashes involving injuries or fatalities. That impact could be reduced if adequate improvements to the roadworthiness testing system were put in place. Early disclosure of a deficiency in the roadworthiness of a vehicle would help to remedy that deficiency and hence prevent accidents.
(7)
Vehicles with malfunctioning emission control systems have a greater impact on the environment than properly maintained vehicles. Therefore, a periodic regime of roadworthiness tests would contribute to improving the environment by reducing average vehicle emissions.
(8)
Member States should consider appropriate measures to prevent adverse manipulation of, or tampering with, vehicle parts and components that could have a negative bearing on required safety and environmental characteristics of the vehicle, in particular through the periodic roadworthiness test, including effective, proportionate, dissuasive and non-discriminatory penalties.
(9)
During the last two decades, requirements in respect of vehicle emissions for type-approval have been continuously strengthened. However, air quality has not improved as much as predicted with the tightening of emission standards for vehicles, especially in respect of nitrogen oxides (NOx) and fine particulate matter. Possibilities for improving test cycles to match on-road conditions should be closely examined in order to develop future solutions, including the establishment of test methods for the measurement of NOx levels and of limit values for NOx emissions.
(10)
For vehicles complying with emission classes Euro 6 and Euro VI, on-board diagnostics systems (OBD) are becoming more effective in assessing emissions, justifying their use as an equivalent to standard emission testing for the purpose of roadworthiness tests. With a view to providing for the use of OBD in roadworthiness tests for vehicles up to emission classes Euro 5 and Euro V, Member States should be able to allow this testing method in accordance with the manufacturer’s recommendations and other requirements for such vehicles where the equivalence, taking into account any relevant type-approval legislation, where appropriate, has been independently verified.
(11)
A number of technical standards and requirements in respect of vehicle safety have been adopted in the Union. It is necessary to ensure, through a regime of periodic roadworthiness tests, that vehicles continue to meet safety standards. That regime should apply to certain categories of vehicles as defined in Directives 2002/24/EC , 2003/37/EC and 2007/46/EC of the European Parliament and of the Council .
(12)
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 subject to roadworthiness testing.
(13)
Vehicles of historical interest are supposed to conserve the heritage of the period during which they were constructed, and are considered to be hardly used on public roads. It should be left to Member States to determine the periodicity of roadworthiness testing for such vehicles. It should also be for Member States to regulate roadworthiness testing for other types of specialised vehicles.
(14)
Vehicles used exclusively on remote territories of Member States, in particular on small islands with fewer than 5 000 inhabitants or in sparsely populated areas with a population density below five persons per square kilometre, are used under conditions that may require a specific roadworthiness testing regime. Member States should therefore be empowered to exempt such vehicles from the application of this Directive.
(15)
Roadworthiness testing is a sovereign activity and should therefore be carried out by the Member States or by public or private bodies entrusted to carry out such testing under their supervision. Member States should invariably remain responsible for roadworthiness testing, even where the national system allows for private bodies, including those which also perform vehicle repairs, to carry out roadworthiness testing.
(16)
Member States should be empowered to designate testing centres located outside their territory to carry out roadworthiness tests for vehicles registered in their territory, if those testing centres have already been authorised to carry out tests on vehicles by the Member State in which they are located.
(17)
For the inspection of vehicles, and especially for their electronic safety components, it is crucial to have access to the technical specifications of each individual vehicle. Consequently, vehicle manufacturers should provide the data needed for verification of the functionality of safety and environment-related components. The provisions concerning access to repair and maintenance information should likewise be applied for that purpose, allowing inspection centres to have access to all information necessary for roadworthiness testing. The data should include the details that allow the functionality of the vehicle safety systems to be monitored in a way that allows such systems to be tested in a periodic technical inspection environment. This is of crucial importance, especially in the field of electronically controlled systems, and should cover all elements that have been installed by the manufacturer.
(18)
Vehicles used on public roads are required to be roadworthy when they are used. 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.
(19)
It is important for road safety and for its impact on society that vehicles used on roads should be in a proper technical condition. Therefore, Member States should not be prevented from allowing, on a voluntary basis, additional roadworthiness tests.
(20)
To allow for a degree of flexibility for holders of a registration certificate and operators, Member States should be able to specify a period of several weeks in which the periodic roadworthiness test is to be performed.
(21)
Testing during the life cycle of a vehicle should be relatively simple, quick and inexpensive, while at the same time effective in achieving the objectives of this Directive.
(22)
Roadworthiness tests should cover all items relevant to the specific design, construction and equipment of the tested vehicle. Compatibility between parts and components, such as between wheels and wheel hubs, should be treated as a critical safety item and should be checked during roadworthiness testing. In the context of those items, and considering the current state of vehicle technology, modern electronic systems should be included in the list of items to be tested. With a view to harmonising roadworthiness testing, recommended testing methods should be established for each of the test items. Those items should be updated to take account of evolving research and technical progress in the field of vehicle safety.
(23)
In order to facilitate harmonisation and to ensure consistency of standards, a non-exhaustive list of the main reasons for failure should be provided in respect of all test items. To achieve consistency in the judgement of the condition of the tested vehicle, detected failures should be assessed to a common standard.
(24)
With a view to better applying the principle of freedom of movement within the Union, for the purpose of re-registration of a vehicle, Member States should recognise roadworthiness certificates issued by other Member States. This should not affect the right of a Member State to verify the roadworthiness certificate and the vehicle identification during re-registration and to require a new roadworthiness test to be carried out under the conditions laid down in this Directive.
(25)
Odometer fraud should be regarded as an offence liable to a penalty, because manipulation of an odometer may lead to an incorrect evaluation of the roadworthiness of a vehicle. The recording of mileage in the roadworthiness certificate and access for inspectors to that information should facilitate the detection of odometer tampering or manipulation. The exchange of information on odometer readings between the competent authorities of Member States should be examined by the Commission.
(26)
A roadworthiness certificate should be issued after each test. This should include, inter alia, information concerning the identity of the vehicle and the results of the test. The test results should be made available electronically. With a view to ensuring a proper follow-up of roadworthiness tests, Member States should collect and retain such information in a database, in particular for the purposes of analysis of the results of the periodic roadworthiness tests.
(27)
The holder of the registration certificate and, where applicable, the operator of a vehicle subject to a roadworthiness test during which deficiencies are found, in particular those which represent a risk to road safety, should rectify such deficiencies without delay. In the case of dangerous deficiencies, it may be necessary to restrict the use of the vehicle until those deficiencies are fully rectified.
(28)
Where a tested vehicle belongs to a vehicle category which is not subject to registration in the Member State where it has been put into service, that Member State should be allowed to require that the proof of test be displayed in a visible manner on the vehicle.
(29)
In order to achieve a high quality of testing throughout the Union, test equipment to be used during testing, its maintenance and its calibration should be verified with reference to specifications provided by the Member States or by manufacturers.
(30)
It should be possible for alternative equipment reflecting technological progress and innovation to be used, provided that an equivalent high-quality level of testing is ensured.
(31)
When authorising testing centres on their territory, Member States should take into account the fact that Directive 2006/123/EC of the European Parliament and of the Council excludes from its scope services of general interest in the field of transport.
(32)
Testing centres should ensure the objectivity and the high quality of the vehicle testing. Therefore, in order to meet minimum requirements in terms of quality management, testing centres should comply with the requirements laid down by the authorising Member State.
(33)
High standards of roadworthiness testing require that testing personnel have a high level of skills and competences. A training system including initial training and periodic refreshers or an appropriate examination should be introduced. Provision should be made for a transitional period to allow for a smooth transition of existing testing personnel into the periodic training or examination regime. In order to ensure high standards of training, competence and testing, Member States should be allowed to lay down additional competence and corresponding training requirements.
(34)
Inspectors, when carrying out roadworthiness tests, should act independently and their judgement should not be affected by conflicts of interest, including those of an economic or personal nature. There should therefore be no direct correlation between the reward of inspectors and the results of roadworthiness tests. It should be possible for Member States to prescribe requirements regarding the separation of activities or to authorise a private body to carry out both roadworthiness tests and vehicle repairs, even on the same vehicle in cases where the supervising body has established to its satisfaction that a high level of objectivity is maintained.
(35)
The results of a roadworthiness test should not be altered for commercial purposes. Only if the findings of a roadworthiness test performed by an inspector are manifestly incorrect should the supervising body be able to modify the results of that test.
(36)
With a view to ensuring that a high quality of testing is maintained over time, Member States should set up a quality assurance system that covers the processes of authorisation, supervision, withdrawal, suspension or cancellation of authorisation to carry out roadworthiness tests.
(37)
Accreditation of testing centres under Regulation (EC) No 765/2008 of the European Parliament and of the Council should not constitute an obligation for the Member States.
(38)
In several Member States, a high number of private authorised testing centres carry out roadworthiness tests. In order to ensure the efficient exchange of information between Member States in this regard, national contact points should be designated.
(39)
Roadworthiness testing forms part of a wider regulatory scheme, governing vehicles throughout their lifetime from approval via registrations and inspections until scrapping. Sharing of the information contained in national and manufacturers’ electronic vehicle databases should in principle help to improve the efficiency of the entire chain of vehicle administration and should help to reduce costs and administrative burdens. The Commission should examine the feasibility, costs and benefits of establishing an electronic vehicle information platform by taking advantage of existing and already implemented IT solutions with regard to international data exchange, so as to minimise costs and avoid duplication. In carrying out its examination of this issue, the Commission should consider the most appropriate way to link the existing national systems with a view to exchanges of information on data relating to roadworthiness testing and odometer readings between the competent authorities of Member States responsible for testing, registration and vehicle approval, testing centres, test equipment manufacturers and vehicle manufacturers. The Commission should also examine the feasibility, costs and benefits of collection and storage of available information concerning the main safety-related components of vehicles which have been involved in serious accidents as well as the possibility of making information on accident history and odometer readings available in anonymised form to vehicle inspectors, holders of registration certificates and accident researchers.
(40)
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 .
(41)
The Commission should not adopt implementing acts relating to the information to be made accessible by vehicle manufacturers for roadworthiness testing where the committee established pursuant to this Directive delivers no opinion on the draft implementing act presented by the Commission.
(42)
In order to update the vehicle category designations in Article 2(1) and Article 5(1) and (2), to update point 3 of Annex I in respect of methods, and to adapt point 3 of Annex I, in respect of the list of test items, methods 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 a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.
(43)
Roadworthiness has a direct impact on road safety and should therefore be reviewed periodically. The Commission should report on the effectiveness of the provisions of this Directive, including those relating to its scope, the frequency of testing, further enhancement of the roadworthiness system through electronic information exchange and the potential in the future for mutual recognition of roadworthiness certificates.
(44)
Testing facilities and equipment used in testing centres should fulfil the requirements set out for carrying out roadworthiness tests. Since this necessitates substantial investment and adaptations which it may not be possible to carry out immediately, a period of five years should be granted to comply with those requirements. A period of five years should likewise be granted to enable supervisory bodies to fulfil all the criteria and requirements concerning the authorisation and supervision of testing centres.
(45)
Since the objective of this Directive, namely to improve road safety by laying down minimum common requirements and harmonised rules concerning roadworthiness tests of vehicles 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.
(46)
This Directive respects fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union as referred to in Article 6 of the Treaty on European Union.
(47)
This Directive integrates and updates the rules contained in Commission Recommendation 2010/378/EU with a view to better regulating roadworthiness testing outcomes.
(48)
This Directive updates the technical requirements laid down in Directive 2009/40/EC of the European Parliament and of the Council and enlarges its scope in order to include, in particular, provisions concerning the setting-up of testing centres and of their supervisory bodies as well as the designation of inspectors entrusted to carry out roadworthiness tests. Therefore, that Directive should be repealed,
HAVE ADOPTED THIS DIRECTIVE:
OJ C 44, 15.2.2013, p. 128.
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.
Directive 2002/24/EC of the European Parliament and of the Council of 18 March 2002 relating to the type-approval of two or three-wheel motor vehicles and repealing Council Directive 92/61/EEC (OJ L 124, 9.5.2002, p. 1).
Directive 2003/37/EC of the European Parliament and of 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).
Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval for 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).
Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ L 376, 27.12.2006, p. 36).
Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008, p. 30).
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).
Commission Recommendation 2010/378/EU of 5 July 2010 on the assessment of defects during roadworthiness testing in accordance with Directive 2009/40/EC (OJ L 173, 8.7.2010, p. 74).
Directive 2009/40/EC of the European Parliament and of the Council of 6 May 2009 on roadworthiness tests for motor vehicles and their trailers (OJ L 141, 6.6.2009, p. 12).