30 Amendments of Phil BENNION related to 2013/0105(COD)
Amendment 57 #
Proposal for a directive
Recital 3
Recital 3
(3) Technological developments include the possibility of attaching retractable or foldable aerodynamic devices to the rear of vehicles, mainly trailers or semi-trailers, but which then exceed the maximum lengths allowed under Directive 96/53/EC. This equipment may be installed as soon as this Directive enters into forcee appropriate requirements are laid down at the European level, as the products are available on the market and already used in other continents.
Amendment 61 #
Proposal for a directive
Recital 4
Recital 4
(4) Heavy-good vehicles are responsible for about 26 percent of road transport CO2 emissions in Europe while their fuel efficiency has hardly improved for the last 20 years. The improved aerodynamics of the cabs of motor vehicles would also allow significant gains on the energy performance of vehicles, in conjunction with the devices mentioned in recital 3 above and are urgently needed in order for the road freight sector to significantly reduce vehicle emissions. However, this improvement is impossible under the current maximum lengths set by Directive 96/53/EC without reducing the vehicle load capacity and threatening the economic equilibrium of the sector. Therefore a derogation from this maximum length is required. Any derogation should not be used to increase the payload of the vehicle.
Amendment 66 #
Proposal for a directive
Recital 5
Recital 5
(5) In its policy orientations on road safety 2011-20207 , the Commission set out measures to make vehicles safer and better protect vulnerable road users. The importance of visibility for vehicle drivers was also underlined in the Commission’s report to the European Parliament and the Council on the implementation of Directive 2007/38/EC on the retrofitting of mirrors to heavy goods vehicles registered in the Community8 . A new cab profile will also contribute to improving road safety by reducing the blind spot in the driver’s vision, including under the windscreen and to the side of the vehicle, which should help save the lives of many vulnerable road users such as pedestrians or cyclists. This new profile cshould also incorporate energy absorption structures in the event of a collision. The potential gain in the volume of the cab would also improve the driver’s comfort and safety. __________________ 7 COM(2010) 389 COM(2010) 389 8 COM (2012) 258 COM (2012) 258
Amendment 72 #
Proposal for a directive
Recital 6
Recital 6
(6) Aerodynamic devices and their installation in vehicles must be tested, in accordance with the test procedure for measurement of aerodynamic performance being developed by the European Commission, before being put on the market. To this end, Member States are to issue certificates that will be recognised by other Member States. The Commission should develop detailed technical guidelines on the application and requirements for certificates.
Amendment 83 #
Proposal for a directive
Recital 7
Recital 7
(7) Longer vehicles may be uremain an exception to the common standards laid down under this directive and may only be authorised in cross- border transport in special circumstances if the two Member States concerned already allowuthorise it and if the conditions for derogation under Article 4(3), (4), (4a new) or (5) of the Directive are met. The European Commission has already provided guidance on the application of Article 4 of the Directive. The transport operations referred to in Article 4(4) do not have a significant impact on international competition if the cross- border use remains limited to two Member States where the existing infrastructure and the road safety requirements allow it. This balances tshould ensure that any derogation to the standards laid down under this Directive does not affect international competition and the environmental and safety objectives of the European Union. The Member States’ right under the principle of subsidiarity to decide on transport solutions suited to their specific circumstances with the needneeds to be ensured whereas there is also a necessity to prevent such policies from distorting the internal market. The provisions of Article 4 (4) are clarified in this respect and affecting the environmental and safety objectives of the European Union. It is therefore appropriate to lay down minimum requirements for the operation of these vehicles.
Amendment 90 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) Longer and heavier goods vehicles are expected to require investments to adapt and maintain the road infrastructure as well as to strengthen measures to reduce noise, air pollution, accidents and congestion. Thereby, Member states may in any case prohibit the use of these vehicles within their territory ;
Amendment 96 #
Proposal for a directive
Recital 8
Recital 8
(8) Using low-carbon technologies, including alternative engines that no longer rely only on fossil fuels and are therefore non-polluting or less polluting, such as electric or hybrid engines for heavy-duty vehicles or buses (mainly in urban or suburban environments), generates extra weight which should not be counted at the expense of the effective load of the vehicle so that the road transport sector is not penalised in economic terms.
Amendment 106 #
Proposal for a directive
Recital 9
Recital 9
(9) The White Paper on Transport also stresses the need to monitor developments in intermodal transport, particularly in the area of containerisation, where 45-foot containers are increasingly used. They are transported by rail or inland waterways. But the road components of intermodal journeys can only be undertaken today if both the Member States and the transporters follow cumbersome administrative procedures or if these containers have patented chamfered corners, the cost of which is prohibitive. Increasing the length of the vehicles transporting them by 15 cm could eliminate these administrative procedures for transporters and facilitate intermodal transport, without risk or prejudice to the infrastructure or other road users. The small increase that this 15 cm represents in relation to the length of an articulated truck (16.50 m) does not constitute an additional risk to road safety. In the policy orientation of the White Paper on Transport, this increase is however authorised only for intermodal transport, for which the road component does not exceed 300 km for operations involving a rail, river or sea component. This distance appeared sufficient to link an industrial or commercial site with a freight terminal or a river port. Taking into account the specific circumstances of island member states, to link a seaport and support the development of motorways of the sea, a longer distance is possible for a short intra- European maritime transport operation.
Amendment 110 #
Proposal for a directive
Recital 12
Recital 12
(12) The authorities responsible for enforcing road transport-related requirements note a high number of infringements, sometimes serious, particularly in relation to the weight of transport vehicles. This situation stems from the insufficient number of checks conducted under Directive 96/53/EC, or from their inefficiency. Furthermore, the procedures and rules for checks differ between Member States, creating legal uncertainty for drivers of vehicles operating in several Member States of the Union. Furthermore, transporters that do not comply with the relevant rules enjoy a significant competitive advantage over competitors that do comply with the rules, and over other modes of transport. This situation constitutes an obstacle to the proper functioning of the internal market and a risk to road safety. It is therefore important that Member States increase the pace and efficiency of checks carried out, both the manual checks and the pre- selections for manual checks. , based on a risk-rating system.
Amendment 115 #
Proposal for a directive
Recital 13
Recital 13
(13) Simple technological solutions, fixed or mobile, are now available that allow inspectors to preselect vehicles suspected of infringements without stopping the vehicles in question, which is less disadvantageous in terms of traffic flow, less onerous and allows optimal safety conditions. SomeIn addition, where appropriate, devices mayshould be installed onboard heavy goods vehicles andto give the driver a way of checking whether his or her vehicle is compliant with the law. These onboard devices may also use a microwave communication interface to communicate their data to officials or to roadside automatic inspection systems without stopping the vehicle. The pre-selection should be based on a risk-rating system to ensure an efficiency of the checks, and have a minimum threshold of one weighing per 2 000 vehicle kilometres to ensure the effectiveness of the roadside checks on the territory of the Union, because this would allow every vehicle to be checked on a statistical average of every three days.
Amendment 116 #
Proposal for a directive
Recital 14
Recital 14
(14) The observation of a high number of infringements of the provisions of Directive 96/53/EC is to a large extent due to the non-deterrent level of penalties prescribed by Member States’ legislation for violations of these rules, or even the absence of any such penalties. This weak point is further compounded by the wide variety in the levels of administrative penalties applicable in the different Member States. To remedy these weak points, the levels and categories of administrative penalties for infringements of Directive 96/53/EC should be approximated at Union level. These administrative penalties should be effective, proportionate and, dissuasive and non-discriminatory.
Amendment 120 #
Proposal for a directive
Recital 16
Recital 16
(16) The European Parliament and the Council should be regularly informed of the checks on road traffic carried out by the Member States. This information, provided by the Member States through their contact point, will enable the Commission to ensure compliance with this Directive by hauliers and to define whether or not additional coercive measures should be developed.
Amendment 124 #
Proposal for a directive
Recital 17
Recital 17
(17) The Commission should be empowered to adopt delegated acts, in accordance with Article 290 of the Treaty on the Functioning of the European Union, to define the requirements imposed on new aerodynamic devices placed in the rear of the vehicle or the design of new motor vehicles, with a view of reviewing European type approval procedures as referred to in Directive 2007/46/EC within the framework of UNECE regulations, as well as the technical specifications to ensure full interoperability of onboard weighing devices, and guidelines on the procedures for checking the weight of vehicles in circulation. It is particularly important that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, shall ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.
Amendment 131 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – indent 2 a (new)
Article 1 – paragraph 1 – point 1 – indent 2 a (new)
Directive 96/53/EC
Article 2 – paragraph 1 – subparagraph 1
Article 2 – paragraph 1 – subparagraph 1
- ‘low carbon technology’ means an innovative technology where the CO2 savings can be demonstrated
Amendment 157 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b – introductory part
Article 1 – paragraph 1 – point 2 – point b – introductory part
Directive 96/53/EC
Article 4 – paragraph 4 – subparagraph 1
Article 4 – paragraph 4 – subparagraph 1
(b) The first phrase of the second subparagraph of Article 4(4) is replaced by the following phraseIn Article 4(4) – subparagraph 1 is amended as follows: Member States may only allow vehicles or vehicle combinations used for goods transport which carry out certain national transport operations that do not affect significantly international competition in the transport sector and the environmental and safety objectives of the European Union, to circulate in their territory with dimensions deviating from those laid down in points 1.1, 1.2, 1.4 to 1.8, 4.2 and 4.4 of Annex I :
Amendment 168 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive 96/53/EC
Article 4 – paragraph 4 – subparagraph 2
Article 4 – paragraph 4 – subparagraph 2
Transport operations shall be considered to not significantly affect international competition in the transport sector and the environmental and safety objectives of the European Union if they take place on the territory of a Member State or, for a cross- border operation, between only two neighbouring Member States who have both adopted measures taken in application of this paragraph, and if one ofif the conditions under (a) are fulfilled, or if they have both adopted measures as referred to in Article 4a (new) and the conditions under (ab) and (b) isre fulfilled:
Amendment 169 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b a (new)
Article 1 – paragraph 1 – point 2 – point b a (new)
Directive 96/53/EC
Article 4 – paragraph 7 a (new)
Article 4 – paragraph 7 a (new)
(ba) The following paragraph is added to article 4: (7a) No later than [three years from the date of publication of this Directive], the Commission shall submit a report to the European Parliament and the Council on the application of article 4 and 4a (new). The report shall assess if the provisions under article 4 contradict the safety and environmental objectives of the Union and if article 4a (new) needs to be adapted in line with new technological developments. The report shall be accompanied by a legislative proposal if appropriate.
Amendment 170 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b b (new)
Article 1 – paragraph 1 – point 2 – point b b (new)
Directive 96/53/EC
Article 4 – paragraph 7 b (new)
Article 4 – paragraph 7 b (new)
(bb) The following paragraph is added to article 4 : 7b. Two neighbouring Member States may authorise vehicles or vehicle combinations used for goods transport to circulate in their territory for a cross- border operation, with dimensions exceeding those laid down in point 1.3 of Annex 1, provided that their use is notified to the European Commission before the adoption of this Directive.
Amendment 185 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a (new)
Article 1 – paragraph 1 – point 2 – point a (new)
Directive 96/53/EC
Article 4 a (new)
Article 4 a (new)
Amendment 241 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 96/53/EC
Article 9 – paragraph 3
Article 9 – paragraph 3
Before they are put on the market, the aerodynamic performance of new motor vehicle designs shall be tested by Member States, who will issue a certificate to this end. This will certifye test of the aerodynamic performance of these vehicles shall be in line with the relevant rules for measurement of aerodynamic performance developed by the European Commission. This will certify consistency and compliance with the requirements of paragraph 2 above. The test certificates issued in one Member State shall be recognised by the other Member States.
Amendment 249 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 96/53/EC
Article 9 – paragraph 4
Article 9 – paragraph 4
No later than one year from the date of publication of this Directive, The Commission shall be empowered to adopt delegated acts concerning the requirements which the new tractor cabs must meet in accordance with Article 16 within the framework of UNECE regulations. These take the form of technical characteristics, minimum levels of safety and aerodynamic performance, design constraints, and procedures for the establishment of the test certificate indicating the increase in aerodynamic performance referred to in paragraph 3.
Amendment 257 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 96/53/EC
Article 10a – paragraph 1
Article 10a – paragraph 1
The maximum weights of vehicles with hybrid propulsion or fully electric propulsionequipped with low carbon technologies shall be those set out in Annex I, point 2.3.14.
Amendment 259 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 96/53/EC
Article 10a – paragraph 2
Article 10a – paragraph 2
The vehicles with hybrid or electric propulsionequipped with low-carbon technologies must however comply with the limits set out in Annex I point 3: maximum authorized axle weight.
Amendment 277 #
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 96/53/EC
Article 11 – paragraph 1 – second part
Article 11 – paragraph 1 – second part
For the purposes of this Article, and of point 2.2.2(c) of Annex I, an intermodal transport operation shall include at least rail, river or sea transport at least. It shall also include a road section for its initial and/or terminal journey. Each of these road sections shall be less than 300 km in the territory of the European Union or just as far as the closest terminals between which there is a regular service. A transport operation shall also be regarded as intermodal transport if it uses intra- European short sea shipping, regardless of the lengths of the initial and terminal road journeys, to ensure a level-playing field between Member states. The initial road journey and the terminal road journey for an operation using intra-European short sea shipping takes place from the point where the goods are loaded to the nearest appropriate seaport for the initial leg, and/or where appropriate between the nearest appropriate seaport and the point where the goods are unloaded for the final leg.
Amendment 282 #
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 96/53/EC
Article 12 – paragraph 1
Article 12 – paragraph 1
The Member States shall establish a risk- rating system for pre-selecting and targeting checks on vehicles or combinations of vehicles in circulation, in order to ensure compliance with the requirements, in particular requirements laid down under article 4a (new), of this Directive.
Amendment 290 #
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 96/53/EC
Article 12 – paragraph 2
Article 12 – paragraph 2
After the expiry of a period of two years from the date of entry into force of this Directive, Member States shall measure the weight of vehicles or combination of vehicles in circulation. The purpose of these pre-selection measures is tobased on a risk-rating system is to increase the efficiency of the checks and identify vehicles that are likely to have committed an offence and that should be checked manually. These measures may be taken with the aid of automatic systems set up on the infrastructure, such as Automatic Number Plate Recognition combined with weight in motion technology, or onboard systems installed in vehicles in line with paragraph 6 below. The automatic systems must enable the identification of the vehicles suspected of exceeding the maximum authorised weights. As these automatic systems are only to be used for pre- selection purposes, and not to define an offence, they do not have to be certified by the Member States.
Amendment 298 #
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 96/53/EC
Article 12 – paragraph 4
Article 12 – paragraph 4
Member States shall ensure that the competent authorities, through a single contact point, exchange the information necessary to make these checks more effective at EU level, and to facilitate their conduct, notably through the national contact point responsible for the exchange of information with the other Member States. This necessary information shall include in particular the identification of offenders, the description of the offences committed and penalties imposed, and the reputation of the company concerned. The contact point is designated in accordance with Article 18(1) of Regulation 1071/2009/EC.
Amendment 320 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 96/53/EC
Article 13 – paragraph 4
Article 13 – paragraph 4
An overload of between 10 and 2015 % of the maximum authorised weight in points 2, 3, 4.1 and 4.3 of Annex 1 shall be considered a serious infringement within the meaning of this Directive. It shall give rise to a financial penalty and the immediate immobilisation of the vehicle for unloading until it reaches the maximum authorised weight,
Amendment 322 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 96/53/EC
Article 13 – paragraph 5
Article 13 – paragraph 5
An overload of more than 2015 % of the maximum authorised weight in points 2, 3, 4.1 and 4.3 of Annex 1 shall be considered a very serious infringement within the meaning of this Directive, because of the increased risks incurred by other road users. This shall give rise to an immediate immobilisation of the vehicle for unloading until it reaches the maximum authorised weight, and to a financial penalty. The procedure leading to the loss of good repute of the transport company shall be implemented in accordance with Article 6 of Regulation (EC) No 1071/200914 , __________________ 14 OJ L300, 14.11.2009, p. 51. OJ L300, 14.11.2009, p. 51.
Amendment 358 #
Proposal for a directive
Article 1 – paragraph 1 – point 16 – point c a (new)
Article 1 – paragraph 1 – point 16 – point c a (new)
Directive 96/53/EC
Annex I – point 2.3.4 (new)
Annex I – point 2.3.4 (new)
(ca) The following point is added : 2.3.4 Low carbon technologies: the maximum weight is that mentioned in point 2.3.1,2.3.2 or 2.3.3 increased by the additional weight required for the low carbon technology, with a maximum of 1 tonne. That additional weight shall be certified and indicated in the official registration documents of the motor vehicle issued by the Member State where the vehicle is registered. In cases where this information is missing, the values mentioned in points 2..1,2.3.2 or 2.3.3 shall apply.