CHAPTER III

INSPECTION PROCEDURES

Selection of vehicles for initial technical roadside inspection
Article 9
When identifying vehicles to be subject to an initial technical roadside inspection, inspectors may select, as a priority, vehicles operated by undertakings with a high-risk profile as referred to in Directive 2006/22/EC. Vehicles may also be selected randomly for inspection, or where there is a suspicion that the vehicle presents a risk to road safety or to the environment.

Contents and methods of technical roadside inspections
Article 10
1
Member States shall ensure that vehicles selected in accordance with Article 9 are subject to an initial technical roadside inspection.
In each initial technical roadside inspection of a vehicle, the inspector:
a
shall check the latest roadworthiness certificate and technical roadside inspection report, where available, kept on board, or electronic evidence thereof in accordance with Article 7(1);
b
shall carry out a visual assessment of the technical condition of the vehicle;
c
may carry out a visual assessment of the securing of the vehicle’s cargo in accordance with Article 13;
d
may carry out technical checks by any method deemed appropriate. Such technical checks may be carried out in order to substantiate a decision to submit the vehicle to a more detailed technical roadside inspection, or to request that the deficiencies be rectified without delay in accordance with Article 14(1).
The inspector shall verify whether any deficiencies indicated in the previous technical roadside inspection report have been rectified.
2
On the basis of the outcome of the initial inspection, the inspector shall decide whether the vehicle or its trailer should be subject to a more detailed roadside inspection.
3
A more detailed technical roadside inspection shall cover those items listed in Annex II that are considered necessary and relevant, taking into account in particular the safety of the brakes, tyres, wheels, chassis and nuisance, and the recommended methods applicable to the testing of those items.
4
Where the roadworthiness certificate or a roadside inspection report demonstrates that an inspection of one of the items listed in Annex II has been carried out in the course of the preceding three months, the inspector shall not check that item, except where such a check is justified on the grounds of an obvious deficiency.

Inspection facilities
Article 11
1
A more detailed technical roadside inspection shall be carried out using a mobile inspection unit or a designated roadside inspection facility, or in a testing centre as referred to in Directive 2014/45/EU.
2
Where a more detailed inspection is to be carried out in a testing centre or designated roadside inspection facility, it shall be carried out as soon as possible in one of the closest practicable centres or facilities.
3
Mobile inspection units and designated roadside inspection facilities shall include appropriate equipment for carrying out a more detailed technical roadside inspection, including the equipment necessary to assess the condition of the brakes and brake efficiency, steering, suspension and nuisance of the vehicle as required. Where mobile inspection units or designated roadside inspection facilities do not include the equipment required to check an item indicated in an initial inspection, the vehicle shall be directed to a testing centre or facility where a detailed check of that item can be performed.

Assessment of deficiencies
Article 12
1
For each item to be inspected, Annex II provides a list of possible deficiencies and their level of severity to be used during technical roadside inspections.
2
Deficiencies found during technical roadside inspections of vehicles shall be categorised in one of the following groups:
a
minor deficiencies having no significant effect on the safety of the vehicle or impact on the environment, and other minor non-compliances,
b
major deficiencies that may prejudice the safety of the vehicle or have an impact on the environment or put other road users at risk, or other more significant non-compliances;
c
dangerous deficiencies constituting a direct and immediate risk to road safety or having an impact on the environment.
3
A vehicle having deficiencies falling into more than one of the deficiency groups referred to in paragraph 2 shall be classified in the group corresponding to the more serious deficiency. A vehicle showing several deficiencies within the same inspection areas as defined in the scope of the technical roadside inspection referred to in point 1 of Annex II may be classified in the next most serious deficiency group if it is considered that the combined effect of those deficiencies results in a higher risk to road safety.

Inspection of cargo securing
Article 13
1
During a roadside inspection a vehicle may be subject to an inspection of its cargo securing in accordance with Annex III, in order to ensure that the cargo is secured in such a way that it does not interfere with safe driving, or pose a threat to life, health, property or the environment. Checks may be carried out to verify that during all kinds of operation of the vehicle, including emergency situations or uphill starting manoeuvres:
- loads can only minimally change their position relative to each other, against walls or surfaces of the vehicle, and
- loads cannot leave the cargo space or move outside the loading surface.
2
Without prejudice to the requirements applicable to transport of certain categories of goods, such as those covered by the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR) , cargo securing and inspection of the securing of cargo may be carried out in accordance with the principles and, where appropriate, the standards laid down in Section I of Annex III. The latest version of the standards laid down in point 5 of Section I of Annex III may be used.
3
The follow-up procedures referred to in Article 14 may also apply in the case of major or dangerous deficiencies related to cargo securing.
4
Member States shall provide that personnel involved in cargo securing checks are to be appropriately trained for that purpose.

Follow-up in the case of major or dangerous deficiencies
Article 14
1
Without prejudice to Article 14(3), Member States shall provide that any major or dangerous deficiency revealed by an initial or more detailed inspection is to be rectified before the vehicle is further used on public roads.
2
The inspector may decide that the vehicle is to be subject to a full roadworthiness test within a specified time limit if it is registered in the Member State where the technical roadside inspection has been carried out. If the vehicle is registered in another Member State, the competent authority may request the competent authority of that other Member State, via the contact points referred to in Article 17, to carry out a new roadworthiness test of the vehicle following the procedure laid down in Article 18(2). Where major or dangerous deficiencies are found in a vehicle registered outside the Union, Member States may decide to inform the competent authority of the country of registration of the vehicle.
3
In the case of any deficiencies which require prompt or immediate rectification due to any direct and immediate risk to road safety, the Member State or the competent authority concerned shall provide that the use of the vehicle in question is to be restricted or prohibited until those deficiencies have been rectified. The use of such a vehicle may be permitted in order to enable it to reach one of the closest workshops where those deficiencies can be rectified, on condition that the dangerous deficiencies in question have been fixed in such a way as to allow it to reach that workshop and that there is no immediate risk to the safety of its occupants or other road users. In the case of deficiencies that do not require immediate rectification, the Member State or the competent authority concerned may decide on the conditions and a reasonable timespan under which the vehicle may be used before the deficiencies are rectified.
Where the vehicle cannot be fixed in such a way to allow it to reach the workshop, the vehicle may be brought to an available location where it can be repaired.

Inspection fees
Article 15
Where deficiencies have been found following a more detailed inspection, Member States may require the payment of a reasonable and proportionate fee that should be linked to the cost of carrying out that inspection.

Inspection report and databases on technical roadside inspections
Article 16
1
For each initial technical roadside inspection carried out, the following information shall be communicated to the competent authority:
a
country of registration of the vehicle;
b
category of the vehicle;
c
outcome of the initial technical roadside inspection.
2
On completion of a more detailed inspection, the inspector shall draw up a report in accordance with Annex IV. Member States shall ensure that the driver of the vehicle is provided with a copy of the inspection report.
3
The inspector shall communicate to the competent authority the results of the more detailed technical roadside inspection within a reasonable time following that inspection. The competent authority shall keep that information in accordance with the applicable legislation on data protection for not less than 36 months from the date of its receipt.
Transposed by Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008 on the inland transport of dangerous goods (OJ L 260, 30.9.2008, p. 13), as amended by, inter alia, Commission Directive 2012/45/EU (OJ L 332, 4.12.2012, p. 18).