59 Amendments of Baroness Sarah LUDFORD related to 2008/0062(COD)
Amendment 6 #
Proposal for a directive
Title
Title
DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL facilitating cross-border enforcement in the field of road safety field of road safety and road traffic (Text with EEA relevance)
Amendment 7 #
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty establishing the European Community, and in particular Article 71(1)(c) thereof,
Amendment 8 #
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1a) Individual Member States have introduced controls to manage traffic movements and parking to achieve greater mobility in their towns and cities, where demand to use the road infrastructure exceeds supply.
Amendment 9 #
Proposal for a directive
Recital 1 b (new)
Recital 1 b (new)
(1b) In order to implement sustainable transport policies, as a key element in the fight against climate change, innovative schemes including traffic restrictions or the use of market-based instruments are increasingly being used to tackle specific challenges in certain areas, such as pollution and greenhouse gas emissions, congestion and traffic management.
Amendment 10 #
Proposal for a directive
Recital 1 c (new)
Recital 1 c (new)
(1c) Such instruments may involve payment for the use of roads or to enter into green or environmental zones. In order not to restrict the flow of traffic, there are often no physical barriers at the boundaries of such areas, so enforcement is carried out by administrative means. The credibility of such schemes depends in part on their fair and equal enforcement.
Amendment 11 #
Proposal for a directive
Recital 3
Recital 3
(3) In order to improve road safety, road traffic management and encourage the development of sustainable transport policies throughout the European Union and to ensure equal treatment between resident and non-resident offenders, enforcement should be facilitated irrespective of the Member State in which the vehicle with which an offence has been committed is registered. To this end, a system of cross- border exchange of information should be put in place.
Amendment 12 #
Proposal for a directive
Recital 4
Recital 4
(4) Such a system is of particular value in relation to road traffic offences detected by automated devices where the identity of the offender cannot immediately be established, such as speeding or, failing to stop at a red traffic light, driving in a bus lane or breaching a road charging or green zone. It is also useful in order to enable the follow-up of offences where verification of the vehicle registration details may be necessary, in the case where the vehicle has been stopped. This is notably the case for drink driving.
Amendment 13 #
Proposal for a directive
Recital 5
Recital 5
(5) The types of road traffic offences to be covered by this system should reflect their seriousness in terms of endangering road safety and should cover offences which are qualified as traffic offences efforts by Member States to manage traffic movements and parking the laws of all Member Stato achieve greater mobility and establish sustainable transport policies. It is accordingly appropriate to make provision in relation to speeding, drink-driving, non- use of a seat-belt, and failing to stop at a red traffic light. The Commission will continue to monitor developments across the EU in respect of other road traffic offences with serious implications for road safety, non-payment of road user charges, non-payment of charges for using, or not respecting the rules of, an environmental zone, parking contraventions, bus and tram lane offences and moving traffic offences. The Commission will continue to monitor developments across the EU in respect of other road traffic offences affecting road safety, such as driving under the influence of drugs, use of mobile phones while driving and uninsured driving, and sustainable transport policies and if appropriate will consider proposing as soon as possible a revision of the Directive in order to cover them within its scope, such as driving under the influence of drugs, use of mobile phones while driving and uninsured driving. , following a report on the implementation thereof, in order to cover them within its scope.
Amendment 14 #
Proposal for a directive
Recital 6
Recital 6
(6) In order to ensure its effectiveness, the system of enforcement should cover the phases between the detection of an offence and the sending of an offence notification, based on a standard model, to the holder of the registration certificate of the vehicle concerned. Once a final decision has been taken, the Council Framework Decision 2005/214/JHA on the application of the principle of mutual recognition to financial penalties applimay apply. Where Framework Decision 2005/214/JHA cannot be applied, for example because sanction decisions do not fall within the scope of criminal law, the effectiveness of the sanctions should nevertheless be ensured by other sanction enforcement measures.
Amendment 15 #
Proposal for a directive
Article 1 – paragraph 1 – point d a (new)
Article 1 – paragraph 1 – point d a (new)
(da) non-payment of road user charges;
Amendment 16 #
Proposal for a directive
Article 1 – paragraph 1 – point d b (new)
Article 1 – paragraph 1 – point d b (new)
(db) non-payment for use, or non-respect, of environmental zones;
Amendment 17 #
Proposal for a directive
Article 1 – paragraph 1 – point d c (new)
Article 1 – paragraph 1 – point d c (new)
(dc) parking offences;
Amendment 18 #
Proposal for a directive
Article 1 – paragraph 1 – point d d (new)
Article 1 – paragraph 1 – point d d (new)
(dd) moving traffic offences;
Amendment 19 #
Proposal for a directive
Article 1 – paragraph 1 – point d e (new)
Article 1 – paragraph 1 – point d e (new)
(de) any other major road safety offences;
Amendment 20 #
Proposal for a directive
Article 2 – point d
Article 2 – point d
(d) "competent authority" means the authority in charge of the national database on the registration documents for vehiclesa single contact point in each Member State responsible for facilitating the application of this Directive.
Amendment 21 #
Proposal for a directive
Article 2 – point d a (new)
Article 2 – point d a (new)
(da) “central authority” means the authority responsible for ensuring data protection in each Member State;
Amendment 22 #
Proposal for a directive
Article 2 – point d b (new)
Article 2 – point d b (new)
(db) “Final Administrative Decision” means any final decision requiring a financial penalty to be paid, other than a final decision falling within the definition set out in Article 1 of Framework Decision 2005/214/JHA;
Amendment 23 #
Proposal for a directive
Article 2 – point h a (new)
Article 2 – point h a (new)
(ha) “non-payment of road user charges” means the failure to pay a specified charge for using a highway. This includes charges for entering zones or using highways with environmental criteria, or failure to comply with such standards requiring the payment of a charge;
Amendment 24 #
Proposal for a directive
Article 2 – point h b (new)
Article 2 – point h b (new)
(hb) “environmental zone” means a designated area into which vehicles not meeting certain emissions standards may not enter, or may not enter unless they pay a charge;
Amendment 25 #
Proposal for a directive
Article 2 – point h c (new)
Article 2 – point h c (new)
(hc) “parking offence” means leaving a vehicle stationary in a designated parking space, in such a way that it fails to comply with the terms and conditions of use of that space or on a road in such a way that it contravenes a prohibition on leaving vehicles in that road, under the law in force in the State of offence;
Amendment 26 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The offence notification shall contain the subject of the notification, the name of the authority responsible for enforcing the sanctions, the name of the competent authority responsible for applying this Directive and a description of the relevant details of the offence concerned and the amount of the financial penalty that the holder is required to pay, and the date by which it must be paid, the possibilities for the holder to contest the grounds for the offence notification and to appeal against a decision imposing a financial penalty, and the procedure to be followed in case of dispute or appeal.
Amendment 28 #
Proposal for a directive
Article 5 - paragraph 3
Article 5 - paragraph 3
3. The offence notification shall inform the holder that he must complete a reply form within a specified period if he does not intend to pay the penalty. Where payment is refused, the holder shall be informed in the same notification that the refusal may be transmitted to the competent authority of the State of residence for enforcement of the penalty decision.
Amendment 29 #
Proposal for a directive
Title
Title
Directive of the European Parliament and of the Council facilitating cross-border enforcement in the field of road safety and road traffic
Amendment 30 #
Proposal for a directive
Article 5 a (new)
Article 5 a (new)
Amendment 30 #
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty establishing the European Community, and in particular Article 71(1)(c) thereof,
Amendment 31 #
Proposal for a directive
Article 5 b (new)
Article 5 b (new)
Amendment 32 #
Proposal for a directive
Article 5 c (new)
Article 5 c (new)
Article 5c Information transmitted by the State of residence The competent authority of the State of residence shall forthwith inform the competent authority of the State of offence by any means which leaves a written record: (a) confirming that a final decision requiring enforcement has been received and acted upon; (b) of any decision not to implement a decision together with the reasons justifying such a decision; (c) of the implementation of the decision as soon as it has been completed.
Amendment 33 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The Commission shall be assisted by a Committee on road safety and road traffic enforcement.
Amendment 34 #
Proposal for a directive
Article 8 a (new)
Article 8 a (new)
Article 8a Evaluation and reports 1. Two years after the entry into force of this Directive, the Commission shall present to the European Parliament and the Council a report on the implementation of this Directive by the Member States. 2. On the basis of that report, the Commission shall study the possibility of extending the scope of this Directive to include other road traffic offences, in particular the use of mobile phones or drugs and driving without a licence. 3. The Commission shall submit, in the same report, proposals to harmonise control equipment on the basis of Community criteria and road safety control practices.
Amendment 34 #
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1a) Individual member states have introduced controls to manage traffic movements and parking to achieve greater mobility in their towns and cities, where demand to use the road infrastructure exceeds supply.
Amendment 35 #
Proposal for a directive
ANNEX – page 3 (Relevant details concerning the offence) - point b - subparagraph 3
ANNEX – page 3 (Relevant details concerning the offence) - point b - subparagraph 3
speeding, drink-driving, non-use of seatbelt or child restraint system, failing to stop at a red traffic light, non-payment of road user charges, non-payment for use, or non- respect, of environmental zones, parking offences, bus and tram lane offences, moving traffic offences, major road safety offences.
Amendment 35 #
Proposal for a directive
Recital 1 b (new)
Recital 1 b (new)
(1b) In order to implement sustainable transport policies, as a key element in the fight against climate change, innovative schemes including traffic restrictions or market-based instruments are increasingly being used to tackle specific challenges in certain areas, such as pollution and greenhouse gas emissions, congestion and traffic management.
Amendment 36 #
Proposal for a directive
ANNEX – page 3 (Relevant details concerning the offence) - point c - subparagraph 1
ANNEX – page 3 (Relevant details concerning the offence) - point c - subparagraph 1
Type of device for detection of speeding, drink-driving, failing to stop at a red traffic light or non-use of seat belt, non-payment of road user charges, non-payment for use, or non-respect, of environmental zones, parking offences, bus and tram lane offences, moving traffic offences, major road safety offences:
Amendment 36 #
Proposal for a directive
Recital 1 c (new)
Recital 1 c (new)
(1c) Such instruments may involve payment for the use of roads or for entering green or environmental zones. In order not to restrict the flow of traffic, there are often no physical barriers at the boundaries of such areas, so enforcement is carried out by administrative means. The credibility of such schemes depends in part on their fair and equal enforcement.
Amendment 38 #
Proposal for a directive
Recital 3
Recital 3
(3) In order to improve road safety, road traffic management and encourage the development of sustainable transport policies throughout the European Union and to ensure equal treatment between resident and non-resident offenders, enforcement should be facilitated irrespective of the Member State in which the vehicle with which an offence has been committed is registered. To this end, a system of cross- border exchange of information should be put in place.
Amendment 40 #
Proposal for a directive
Recital 4
Recital 4
(4) Such a system is of particular value in relation to road traffic offences detected by automated devices where the identity of the offender cannot immediately be established, such as speeding or, failing to stop at a red traffic light, driving in a bus lane or breaching a road charging or green zone. It is also useful in order to enable the follow-up of offences where verification of the vehicle registration details may be necessary, in the case where the vehicle has been stopped. This is notably the case for drink driving.
Amendment 42 #
Proposal for a directive
Recital 5
Recital 5
(5) The types of road traffic offences to be covered by this system should reflect their seriousness in terms of endangering road safety and should cover offences which are qualified as traffic offences efforts by Member States to manage traffic movements and parking the laws of all Member Stato achieve greater mobility and establish sustainable transport policies. It is accordingly appropriate to make provision in relation to speeding, drink-driving, non- use of a seat-belt, and failing to stop at a red traffic light. The Commission will continue to monitor developments across the EU in respect of other road traffic offences with serious implications for road safety, non-payment of road user charges, non-payment of charges for using, or not respecting the rules of, an environmental zone, parking contraventions, bus and tram lane offences and moving traffic offences. The Commission will continue to monitor developments across the EU in respect of other road traffic offences affecting road safety, such as driving under the influence of drugs, use of mobile phones while driving and uninsured driving, and sustainable transport policies and if appropriate will consider proposing as soon as possible a revision of the Directive in order to cover them within its scope, such as driving under the influence of drugs, use of mobile phones while driving and uninsured driving, following a report on the implementation thereof, in order to cover them within its scope.
Amendment 49 #
Proposal for a directive
Recital 6
Recital 6
(6) In order to ensure its effectiveness, the system of enforcement should cover the phases between the detection of an offence and the sending of an offence notification, based on a standard model, to the holder of the registration certificate of the vehicle concerned. Once a final decision has been taken, the Council Framework Decision 2005/214/JHA on the application of the principle of mutual recognition to financial penalties applimay apply. Where Framework Decision 2005/214/JHA cannot be applied, for example because sanction decisions do not fall within the scope of criminal law, the effectiveness of the sanctions should nevertheless be ensured by other sanction enforcement measures.
Amendment 59 #
Proposal for a directive
Article 1 – paragraph 1 – point d a (new)
Article 1 – paragraph 1 – point d a (new)
(da) non-payment of road user charges;
Amendment 61 #
Proposal for a directive
Article 1 – paragraph 1 – point d b (new)
Article 1 – paragraph 1 – point d b (new)
(db) non-payment for use, or non-respect, of environmental zones;
Amendment 63 #
Proposal for a directive
Article 1 – paragraph 1 – point d c (new)
Article 1 – paragraph 1 – point d c (new)
(dc) parking offences;
Amendment 65 #
Proposal for a directive
Article 1 – paragraph 1 – point d d (new)
Article 1 – paragraph 1 – point d d (new)
(dd) bus and tram lane offences;
Amendment 67 #
Proposal for a directive
Article 1 – paragraph 1 – point d e (new)
Article 1 – paragraph 1 – point d e (new)
(de) moving traffic offences;
Amendment 69 #
Proposal for a directive
Article 1 – paragraph 1 – point d f (new)
Article 1 – paragraph 1 – point d f (new)
(df) any other major road safety offences.
Amendment 75 #
Proposal for a directive
Article 2 – point d
Article 2 – point d
(d) "competent authority" means the authority in charge of the national database on the registration documents for vehicles. a single contact point in each Member State responsible for facilitating the application of this Directive. Or. en Justification
Amendment 77 #
Proposal for a directive
Article 2 – point d a (new)
Article 2 – point d a (new)
Amendment 79 #
Proposal for a directive
Article 2 – point d b (new)
Article 2 – point d b (new)
Amendment 81 #
Proposal for a directive
Article 2 – point h a (new)
Article 2 – point h a (new)
(ha) “non-payment of road user charges” means the failure to pay a specified charge for using a highway. This includes charges for entering zones or using highways subject to environmental criteria, or failure to comply with such standards requiring the payment of a charge;
Amendment 83 #
Proposal for a directive
Article 2 – point h b (new)
Article 2 – point h b (new)
(hb) “environmental zone” means a designated area into which vehicles not meeting certain emissions standards may not enter, or may not enter unless they pay a charge;
Amendment 85 #
Proposal for a directive
Article 2 – point h c (new)
Article 2 – point h c (new)
(hc) “parking offence” means leaving a vehicle stationary in a designated parking space, in such a way that it fails to comply with the terms and conditions of use of that space or on a road in such a way that it contravenes a prohibition on leaving vehicles in that road, under the law in force in the State of the offence;
Amendment 104 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The offence notification shall contain the subject of the notification, the name of the authority responsible for enforcing the sanctions, the name of the competent authority responsible for applying this Directive and a description of the relevant details of the offence concerned and the amount of the financial penalty that the holder is required to pay, and by when it must be paid, the possibilities for the holder to contest the grounds for the offence notification and to appeal against a decision imposing a financial penalty, and the procedure to be followed in case of dispute or appeal.
Amendment 109 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The offence notification shall inform the holder that he or she must complete a reply form if within a specified period if he or she does not intend to pay the penalty. Where payment is refused, the holder shall be informed in the same notification that this refusal may be transmitted to the competent authority of the State of residence for enforcement of the penalty decision.
Amendment 116 #
Proposal for a directive
Article 5 a (new)
Article 5 a (new)
Article 5a (new) Follow-up of road traffic offences 1. Where the financial penalty has not been paid and the procedures to be followed in the case of a dispute or appeal have been exhausted, Framework Decision 2005/214/JHA shall apply as regards the sanctions referred to in Article 1 of that Framework Decision. 2. In the same cases of non-response as those referred to in paragraph 1 but in respect of financial penalties which do not fall within the scope of Framework Decision 2005/214/JHA, the competent authority of the State of the offence shall transmit the final administrative decision to the competent authority of the State of residence for enforcement of the penalty.
Amendment 117 #
Proposal for a directive
Article 5 b (new)
Article 5 b (new)
Article 5b (new) Recognition and enforcement of sanctions 1. The competent authority of the State of residence shall recognise a final administrative decision transmitted pursuant to Article 5(a)(2), without any formality and shall without delay take all measures necessary to implement that decision, on the understanding that the implementation of that decision shall be governed by the law of the State of residence in the same way as a financial penalty in the state of residence, except if the competent authority decides to invoke one of the following reasons for non- recognition or non-implementation: (a) the law of the State of residence provides for immunity which makes implementation of the decision impossible; (b) the party concerned has not been informed of his or her right to appeal and of the deadline for lodging such an appeal. 2. The competent authority of the State of the offence shall immediately inform the competent authority of the State of residence of any decision or measure which stands in the way of implementation of the decision. The State of residence shall cease the implementation of the decision as soon as it has been informed of that decision or measure by the competent authority of the State of the offence.
Amendment 118 #
Proposal for a directive
Article 5 c (new)
Article 5 c (new)
Article 5c (new) Information transmitted by the State of residence The competent authority of the State of residence shall forthwith inform the competent authority of the State of the offence by any means which leaves a written record: (a ) confirming that a final decision requiring enforcement has been received and acted upon; (b) of any decision not to implement a decision together with the reasons justifying such a decision; (c) of the implementation of the decision as soon as it has been completed.
Amendment 123 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The Commission shall be assisted by a Committee on road safety and road traffic enforcement.
Amendment 125 #
Proposal for a directive
Article 8 a (new)
Article 8 a (new)
Article 8a (new) Evaluation and Reports 1. Two years after the entry into force of this Directive, the Commission shall present to the European Parliament and the Council a report on the implementation of this Directive by Member States. 2. On the basis of this report, the Commission shall study the possibility of extending the scope of this Directive to include other road traffic offences, in particular the utilisation of mobile phones, driving under the influence of drugs and driving without a licence. 3. The Commission shall submit, in the same report, proposals to harmonise control equipment on the basis of Community criteria and road safety control practices.
Amendment 127 #
Proposal for a directive
Annex – page 3 – point b – subparagraph 3
Annex – page 3 – point b – subparagraph 3
speeding, drink-driving, non-use of seatbelt or child restraint system, failing to stop at a red traffic light, non-payment of road user charges, non-payment for use, or non- respect, of environmental zones, parking offences, bus and tram lane offences, moving traffic offences and any other major road safety offences.
Amendment 129 #
Proposal for a directive
Annex – page 3 – point c – subparagraph 1
Annex – page 3 – point c – subparagraph 1
Type of device for detection of speeding, drink-driving, failing to stop at a red traffic light or non-use of seat belt, non-payment of road user charges, non-payment for use, or non-respect, of environmental zones, parking offences, bus and tram lane offences, moving traffic offences and any other major road safety offences: