15 Amendments of Anne E. JENSEN related to 2013/0105(COD)
Amendment 82 #
Proposal for a directive
Recital 7
Recital 7
(7) Longer, higher and/or heavier vehicles may be used in cross- border transport if the two Member States concerned already allow itor wish to allow such vehicles on a permanent basis since Directive 96/53/EC came into force and if the conditions for derogation under Article 4(3), (4) or (5 (4) 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 allSuch vehicles may also be used in cross border transport between Member States and neighbouring Member States where they are already allowed on provisional basis. Provisions to this effect are laid down itn a new Article 4 (7). This balances the Member States’ right under the principle of subsidiarity to decide on transport solutions suited to their specific circumstances with the need to prevent such policies from distorting the internal market. The provisions of Article 4 (4) are clarified in this respect.
Amendment 100 #
Proposal for a directive
Recital 8
Recital 8
(8) Using 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. The solutions should also maintain the principle of technological neutrality.
Amendment 112 #
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. Some devices may be installed onboard heavy goods vehicles and 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 have a minimumbe proportionate to the total number of threshold of one weighing per 2 000 vehicle kilometrese vehicles that are registered and/or operating in its territory 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 day. The technological solutions should only be used by Member States if they have proven technological accuracy and reliability and if applied in an approximated manner by all Member States.
Amendment 147 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/53/EC
Article 4 – paragraph 2
Article 4 – paragraph 2
(a) The word ‘national’ is deleted from points (a) and (b) of paragraph 12.
Amendment 163 #
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 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 ifunder this, and if , as regards dimensions, one of the conditions under (a) and (b) is fulfilled:
Amendment 183 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 a (new)
Article 1 – paragraph 1 – point 5 a (new)
Directive 96/53/EC
Article 4 – paragraph 7 a (new)
Article 4 – paragraph 7 a (new)
(5a) The following paragraph 7a. is added to Article 4: 7a. Neighbouring Member States that on a permanent basis since Directive 96/53/EC entered into force allow road transport of goods with vehicles or vehicle combinations with weights and/or dimensions deviating from Annex 1 as provided in Article 4.1 a) and 4.2 a) and, as regards dimensions, in compliance with Article 4 (4) with the addition, as regards cross boarder operations, of deviations from Annex 1 point 1.3, may allow cross boarder operations between them with such vehicles and combinations. Such Member States and neighbouring Member States where longer, heavier or higher vehicles are provisionally allowed may likewise allow cross boarder operations between them on mutual agreement. The Member States will notify the Commission on this procedure.
Amendment 262 #
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 96/53/EC
Article 11 – paragraph 1 – first part
Article 11 – paragraph 1 – first part
The maximum dimensions laid down in Annex I points 1.1 and 1.6 may be exceeded by 15 cm for vehicles or combinations of vehicles engaged in the transport of 45-foot containers or swap bodies, if the road transport of the container or swap body is part of an intermodal transport operation.
Amendment 268 #
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Amendment 287 #
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 to identify vehicles that are likely to have committed an offence and that should be checked manually. These measures mashould primarily be taken with the aid of automatic systems set up on the infrastructure, orsupplemented with onboard systems installed in vehicles in line with paragraph 6 below, if available. 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 294 #
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 96/53/EC
Article 12 – paragraph 3
Article 12 – paragraph 3
Member States shall take a number of preselection measures equivalent to at least one weighing per 2 000 vehicle kilometres per year on averagewhich should be proportionate to the total number of these vehicles that are registered and/or operating in its territory.
Amendment 301 #
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 96/53/EC
Article 12 – paragraph 5 – point i
Article 12 – paragraph 5 – point i
roadside inspection with approved measurement equipment after interception of the vehicle, for the purpose of issuing a sanction if applicable
Amendment 303 #
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 96/53/EC
Article 12 – paragraph 5 – point ii
Article 12 – paragraph 5 – point ii
sending the transport company notification of the suspected overloading of the vehicle, for information purposes only
Amendment 305 #
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 96/53/EC
Article 12 – paragraph 5 – point iii
Article 12 – paragraph 5 – point iii
Amendment 310 #
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
In accordance with paragraph 1, Member States shall encourage the equipment of vehicles and vehicle combinations with onboard weighing devices (total weight and axle load) to enable the weight data to be communicated at any time from a moving vehicle to an authority carrying out roadside inspections or responsible for regulating the transport of goods. The devices must take into account the national rules for weights applicable on the territory where the data is being communicated from the vehicle. This communication shall be through the interface defined by the CEN DSRC13 standards EN 12253, EN 12795, EN 12834, EN 13372 and ISO 14906. __________________ 13 DSRC: Dedicated Short-Range Communications
Amendment 328 #
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 96/53/EC
Article 14
Article 14
For the transport of containerfreight, including containers, swap bodies or any other loads, the shipper shall give the road haulier to whom it entrusts the transport of a container a, in advance of loading, a written statement indicating the gross weight of the container movedload moved. That statement can also be submitted by electronic means. Irrespective of its form, the document declaring the gross weight of the load shall be signed by a person duly authorised by the shipper. If thise information on the gross weight of the load is missing or incorrect, the shipper shall incur liability in the same way as the haulier if the vehicle is overloaded. In intermodal transport operations, the information on the gross weight of a packed intermodal loading unit, including container and/or swap body, shall be provided to the next party taking custody of the intermodal loading unit.