Activities of Antonio LÓPEZ-ISTÚRIZ WHITE related to 2018/0168(COD)
Legal basis opinions (0)
Amendments (9)
Amendment 53 #
Proposal for a directive
Recital 3
Recital 3
(3) Furthermore, in recent decisions of the European Court of Justice of the European Union, namely Vnuk16, Rodrigues de Andrade17 and Torreiro18, the Court has clarified the meaning of the words ‘use of a vehicle’. In particular, the European Court of Justice has clarified that motor vehicles are intended normalmainly to serve as means of transport at the time of the accident, irrespective of such vehicle's characteristics, and it has clarified that the use of such vehicles covers any use of a vehicle consistent with its normal function as a means of transport, irrespective of the terrain on which the motor vehicle is used and of whether it is stationary or in motion. In the interest of legal certainty, it is appropriate to reflect that case law in Directive 2009/103/EC by introducing a definition of ‘use of a vehicle’. __________________ 16 Judgement of the Court of Justice of 4 December 2014, Vnuk, C-162/13, ECLI:EU:C:2014:2146 17 Judgement of the Court of Justice of 28 November 2017, Rodrigues de Andrade, C-514/16, ECLI:EU:C:2017:908. 18 Judgement of the Court of Justice of 20 December 2017, Torreiro, C-334/16, ECLI:EU:C:2017:1007.
Amendment 55 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) Only vehicles for which prior administrative authorisation is required for their use on the roads and those which fall within the scope of application of type-approval regulations Regulation (EU) 2018/858, Regulation (EU) No 167/2013 and Regulation (EU) No 168/2013 should remain within the scope of application of the Directive. Consequently, new alternative mobility vehicles such as electric bicycles and scooters or similar would be outside the scope of the Directive. This exclusion is founded on the principle of proportionality, as the risk posed by the use of these vehicles in traffic is lower than it is for other vehicles.
Amendment 59 #
Proposal for a directive
Recital 3 b (new)
Recital 3 b (new)
(3b) To better protect potential victims, in cases falling outside the scope of the Directive, as stated above and in Article 1, the Member States may establish civil liability insurance commensurate with the risk posed.
Amendment 66 #
Proposal for a directive
Recital 8
Recital 8
Amendment 69 #
Proposal for a directive
Recital 9
Recital 9
Amendment 78 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2009/103/EC
Article 1 – point 1 a
Article 1 – point 1 a
(1a) ‘use of a vehicle’ means any use of sucha vehicle, intended normally that requires administrative authorisation and is mainly intended to serve as a means of transport at the time of the accident, that is consistent with the normal function of that vehicle, irrespective of the vehicle's characteristics and irrespective of the terrain on which the motor vehicle is used and of whether it is stationary or in motion."; (This amendment applies throughout the text; Adopting it will necessitate corresponding changes throughout.)
Amendment 107 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2009/103/EC
Article 16
Article 16
Amendment 126 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2009/103/EC
Articles 28 a, 28 b and 28 c
Articles 28 a, 28 b and 28 c
Amendment 135 #
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
Member States shall adopt and publish, by [PO: Please insert date 124 months after the date of entry into force ] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions. However, the transposition and entry into force of Article 1(4) of this Directive with regard to the provisions of Article 10(a) shall take place before [PO: please insert the date – 12 months after entry into force].