CHAPTER I

SUBJECT MATTER, DEFINITIONS AND SCOPE

Scope
Article 2
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 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.
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).