ANNEX

to the Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on the technical roadside inspection of the roadworthiness of commercial vehicles circulating in the Union and repealing Directive 2000/30/EC

ANNEX I ELEMENTS OF THE RISK RATING SYSTEM

The risk rating system shall provide the basis for a targeted selection of vehicles operated by undertakings with a poor record concerning the compliance with vehicle maintenance and roadworthiness requirements. It shall take into account results from both periodic roadworthiness tests and roadside inspections.

The Risk Rating System shall consider the following parameters for determining a risk rating for the undertaking:

– Number of deficiencies

– Severity of deficiencies

– Number of inspections or tests

– Time factor

1. The deficiencies shall be weighted in accordance to their severity using the following severity factors:

– Dangerous deficiency    = 40

– Major deficiency           = 10

– Minor deficiency           = 1

2. The evolution of an undertaking's (vehicle's) situation shall be reflected by weighing "older" inspection results (deficiencies) less than more "recent" ones by using the following factors:

– Year 1 = last 12 months = factor 3

– Year 2 = months 13–24 = factor 2

– Year 3 = months 24-36 = factor 1

This shall only apply for the calculation of the overall risk rating.

3. The risk rating shall be calculated using the following formulas:

(b) The formula for the overall risk rating

Where

RR       = Overall risk rating score

I           = Total for the defects in year 1, 2, 3

DY1      = (#DDx 40) + (#MaD x 10) + (#MiD x 1) in year 1

#...       = Number of…

DD       = Dangerous Deficiencies

MaD    = Major Deficiencies

MiD     = Minor Deficiencies

C         = Checks (Inspections or tests) in year 1, 2, 3

(c) The formula for the annual risk rating

Where

AR       = Annual risk score

#...       = Number of…

DD       = Dangerous Deficiencies

MaD    = Major Deficiencies

MiD     = Minor Deficiencies

C         = Checks (inspections or tests)

The annual risk shall be used to assess the evolution of an undertaking over the years.

The classification of undertakings (vehicles) based on the overall risk rating shall be performed in a way that the following distribution within the listed undertakings (vehicles) is reached:

– <30%   Low risk

– 30% - 80%       Medium risk

– >80%   High risk.

ANNEX II

SCOPE OF INSPECTION

TABLE OF CONTENTS

1.         INSPECTION AREAS

(1) Identification of the vehicle

(2) Braking equipment

(3) Steering

(4) Visibility

(5) Lighting equipment and parts of electric system

(6) Axles, wheels, tyres, suspension

(7) Chassis and chassis attachments

(8) Other equipment

(9) Nuisance

2.         INSPECTION REQUIREMENTS

Items that may only be checked by the use of equipment have been marked with an (E).

Items that can only be checked to some extent without the use of equipment have been marked with +(E).

Where a method of inspection is given as visual, it means that in addition to looking at the items, the inspector shall , if appropriate, also handle them, evaluate noise or use any other appropriate means of inspection without the use of equipment.

Roadside technical inspections may cover items and use the methods listed in table 1

Table 1

Item || Method || Deficiencies ||

||

0.         IDENTIFICATION OF THE VEHICLE ||

0.1.      Registration number plates (if needed by requirements(1) || Visual inspection || (a)           Number plate(s) missing or so insecure/fixed that it is (they are) likely to fall off. (b)           Inscription missing or illegible. (c)           Not in accordance with vehicle documents or records. ||

0.2.      Vehicle identification chassis/ serial number || Visual inspection || (a)           Missing or can not be found. (b)           Incomplete, illegible. (c)           Not in accordance with vehicle documents or records. ||

1.         BRAKING EQUIPMENT ||

1.1.      Mechanical condition and operation ||

1.1.1.       Service brake pedal pivot || Visual inspection of the components while the braking system is operated. Note: Vehicles with power-assisted braking systems should be inspected with the engine switched off. || (a)           Pivot too tight. (b)           Excessive wear or play. ||

1.1.2.       Pedal condition and travel of the brake operating device || Visual inspection of the components while the braking system is operated. Note: Vehicles with power-assisted braking systems should be inspected with the engine switched off. || (a)           Excessive or insufficient reserve travel. (b)           Brake control not releasing correctly. (c)           Anti-slip provision on brake pedal missing, loose or worn smooth. ||

1.1.3.       Vacuum pump or compressor and reservoirs || Visual inspection of the components at normal working pressure. Check time required for vacuum or air pressure to reach safe working value and function of warning device, multi-circuit protection valve and pressure relief valve. || (a)           Insufficient pressure/vacuum to give assistance for at least two brake applications after the warning device has operated (or gauge shows an unsafe reading). (b)           Time taken to build up air pressure/vacuum to safe working value not in accordance with the requirements(1). (c)           Multi-circuit protection valve or pressure relief valve not working. (d)           Air leak causing a noticeable drop in pressure or audible air leaks. (e)           External damage likely to affect the function of the braking system. ||

1.1.4.       Low pressure warning gauge or indicator || Functional check || Malfunctioning or defective gauge or indicator. ||

1.1.5.       Hand operated brake control valve || Visual inspection of the components while the braking system is operated. || (a)           Control cracked, damaged or excessively worn. (b)           Control insecure on valve or valve insecure. (c)           Loose connections or leaks in system. (d)           Unsatisfactory operation. ||

1.1.6.  Parking brake activator, lever control, parking brake ratchet || Visual inspection of the components while the braking system is operated. || (a)           Ratchet not holding correctly. (b)           Excessive wear at lever pivot or in ratchet mechanism. (c)           Excessive movement of lever indicating incorrect adjustment. (d)           Activator missing, damaged or inoperative (e)           Incorrect functioning, warning indicator shows malfunction ||

1.1.7. Braking valves (foot valves, un-loaders, governors) || Visual inspection of the components while the braking system is operated. || (a)           Valve damaged or excessive air leak. (b)           Excessive oil discharge from compressor. (c)           Valve insecure or inadequately mounted. (d)           Hydraulic fluid discharge or leak. ||

1.1.8.  Couplings for trailer brakes (electrical & pneumatic) || Disconnect and reconnect all braking system couplings between towing vehicle and trailer. || (a)           Tap or self sealing valve defective. (b)           Tap or valve insecure or inadequately mounted. (c)           Excessive leaks. (d)           Incorrectly or not connected where required. (e)           Not functioning correctly ||

1.1.9.  Energy storage reservoir pressure tank || Visual inspection || (a)           Tank damaged, corroded or leaking. (b)           Drain device inoperative. (c)           Tank insecure or inadequately mounted. ||

1.1.10.     Brake servo units, master cylinder (hydraulic systems) || Visual inspection of the components while the braking system is operated. || (a)           Defective or ineffective servo unit. (b)           Master cylinder defective or leaking. (c)           Master cylinder insecure. (d)           Insufficient brake fluid. (e)           Master cylinder reservoir cap missing. (f)            Brake fluid warning light illuminated or defective. (g)           Incorrect functioning of brake fluid level warning device. ||

1.1.11.     Rigid brake pipes || Visual inspection of the components while the braking system is operated. || (a)           Eminent risk of failure or fracture. (b)           Pipes or connections leaking. (c)           Pipes damaged or excessively corroded. (d)           Pipes misplaced. ||

1.1.12.     Flexible brake hoses || Visual inspection of the components while the braking system is operated. || (a)           Eminent risk of failure or fracture. (b)           Hoses damaged, chafing, twisted or too short. (c)           Hoses or connections leaking. (d)           Hoses bulging under pressure. (e)           Hoses porous. ||

1.1.13.     Brake linings and pads || Visual inspection || (a)           Lining or pad excessively worn. (b)           Lining or pad contaminated (oil, grease etc.). (c)           Lining or pad missing ||

1.1.14. Brake drums, brake discs || Visual inspection || (a)           Drum or disc excessively worn, corroded or scored or cracked, insecure or fractured. (b)           Drum or disc contaminated (oil, grease, etc.) (c)           Drum or disc missing (d)           Back plate insecure. ||

1.1.15.     Brake cables, rods, levers, linkages || Visual inspection of the components while the braking system is operated. || (a)           Cable damaged or knotted. (b)           Component excessively worn or corroded. (c)           Cable, rod or joint insecure. (d)           Cable guide defective. (e)           Restriction to free movement of the braking system. (f)            Abnormal movement of the levers/linkage indicating maladjustment or excessive wear. ||

1.1.16.     Brake actuators (including spring brakes or hydraulic cylinders) || Visual inspection of the components while the braking system is operated. || (a)           Actuator cracked or damaged. (b)           Actuator leaking. (c)           Actuator insecure or inadequately mounted. (d)           Actuator excessively corroded. (e)           Insufficient or excessive travel of operating piston or diaphragm mechanism. (f)            Dust cover missing or excessively damaged. ||

1.1.17. Load sensing valve || Visual inspection of the components while the braking system is operated. || (a)           Defective linkage. (b)           Linkage incorrectly adjusted. (c)           Valve seized or inoperative. (d)           Valve missing. (e)           Missing data plate. (f)            Data illegible or not in accordance with requirements(1) ||

1.1.18.     Slack adjusters and indicators || Visual inspection. || (a)           Adjuster damaged, seized or having abnormal movement, excessive wear or incorrect adjustment. (b)           Adjuster defective. (c)           Incorrectly installed or replaced. ||

1.1.19.     Endurance braking system (where fitted or required) || Visual inspection || (a)           Insecure connectors or mountings. (b)           System obviously defective or missing. ||

1.1.20.     Automatic operation of trailer brakes || Disconnect brake coupling between towing vehicle and trailer. || Trailer brake does not apply automatically when coupling disconnected. ||

1.1.21.     Complete braking system || Visual inspection || (a)           Other system devices (e.g. anti-freeze pump, air dryer, etc.) damaged externally or excessively corroded in a way that adversely affects the braking system. (b)           Excessive leakage of air or anti-freeze. (c)           Any component insecure or inadequately mounted. (d)           Inappropriate repair or modification to any component. ||

1.1.22.     Test connections (where fitted or required) || Visual inspection || (a)           Missing. (b)           Damaged, unusable or leaking. ||

1.2.       Service braking performance and efficiency ||

1.2.1 Performance (E) || Test on a static brake testing machine; apply the brakes progressively up to maximum effort. || (a)           Inadequate braking effort on one or more wheels. (b)           Braking effort from any wheel is less than 70% of maximum effort recorded from the other wheel on the same axle. (c)           No gradual variation in brake effort (grabbing). (d)           Abnormal lag in brake operation of any wheel. (e)           Excessive fluctuation of brake force during each complete wheel revolution. ||

1.2.2 Efficiency (E) || Test on a static brake testing machine at the presented weight. || (a)           Does not give at least the minimum figure as follows:- (b)           Category M1, M2 and M3 – 50% [1]/ (c)           Category N1 – 45% (d)           Category N2 and N3 – 43% [2]/ (e)           Category O2, O3 and O4 – 40% [3]/ ||

1.3.          Secondary (emergency) braking performance and efficiency (if met by separate system) ||

1.3.1. Performance (E) || If the secondary braking system is separate from the service braking system, use the method specified in 1.2.1. || (a)           Inadequate braking effort on one or more wheels. (b)           Braking effort from any wheel is less than 70% of maximum effort recorded from another wheel on the same axle specified. (c)           No gradual variation in brake effort (grabbing). ||

1.3.2. Efficiency (E) || If the secondary braking system is separate from the service braking system, use the method specified in 1.2.2. || Braking effort less than 50% [4]/ of the service brake performance defined in section 1.2.2 in relation to the maximum authorized mass or, in the case of semi-trailers, to the sum of the authorized axel loads. ||

1.4.       Parking braking performance and efficiency ||

1.4.1. Performance (E) || Apply the brake on a static brake testing machine. || Brake inoperative on one or more wheels ||

1.4.2. Efficiency (E) || Test on a static brake testing machine at the presented weight. || Does not give at least for all vehicles a braking ratio of 16% in relation to the maximum authorized mass, or, for motor vehicles, of 12% in relation to the maximum authorized combination mass of the vehicle, whichever is the greater. ||

1.5.       Endurance braking system performance || Visual inspection and, where possible test whether the system functions. || (a)           No gradual variation of efficiency (not applicable to exhaust brake systems). (b)           System not functioning. ||

1.6.       Anti-lock braking system || Visual inspection of warning device. || (a)           Warning device malfunctioning. (b)           Warning device shows system malfunction. ||

2.          STEERING ||

2.1.       Mechanical condition ||

2.1.1.    Steering gear condition || Visual inspection of the operation of the steering gear while the steering wheel is rotated. || (a)            k ||

2.1.2.    Steering gear casing attachment || Visual inspection of the attachment of gear casing to chassis while the steering wheel is rotated clock-wise and anticlockwise || (a)            Steering gear casing not properly attached. (b)            Elongated fixing holes in chassis. (c)            Missing or fractured fixing bolts. (d)            Steering gear casing fractured. ||

2.1.3.    Steering linkage condition || Visual inspection of steering components for wear, fractures and security while the steering wheel is rotated clock-wise and anticlockwise, || (a)            Relative movement between components which should be fixed. (b)            Excessive wear at joints. (c)            Fractures or deformation of any component. (d)            Absence of locking devices. (e)            Misalignment of components (e.g. track rod or drag link). (f)            Inappropriate repair or modification. (g)            Dust cover missing, damaged or severely deteriorated. ||

2.1.4.    Steering linkage operation || Visual inspection of movement of linkages while the steering wheel is rotated with the road wheels on the ground and the engine running (power steering) || (a)            Moving steering linkage fouling a fixed part of chassis. (b)            Steering stops not operating or missing. ||

2.1.5.    Power steering || Check steering system for leaks and hydraulic fluid reservoir level (if visible). With the road wheels on ground and with the engine running, check that the power steering system is operating. || (a)            Fluid leak. (b)            Insufficient fluid. (c)            Mechanism not working. (d)            Mechanism fractured or insecure. (e)            Misalignment or fouling of components. (f)            Inappropriate repair or modification. (g)            Cables/hoses damaged, excessively corroded. ||

2.2.      Steering wheel and column ||

2.2.1.    Steering wheel condition || With the road wheels on the ground, rock steering wheel from side to side at right angles to column and apply slight downward and upward pressure. Visual inspection of play. || (a)            Relative movement between steering wheel and column indicating looseness. (b)            Absence of retaining device on steering wheel hub. (c)            Fracture or looseness of steering wheel hub, rim or spokes. ||

2.2.2.    Steering column || Push and pull the steering wheel in line with column, push steering wheel in various directions at right angles to the column. Visual inspection of play, and condition of flexible couplings or universal joints. || (a)            Excessive movement of centre of steering wheel up or down. (b)            Excessive movement of top of column radically from axis of column. (c)            Deteriorated flexible coupling. (d)            Attachment defective. ||

2.3.      Steering play || With the engine running for vehicles with power steering and with the road wheels in the straight-ahead position, lightly turn the steering wheel clockwise and anti-clockwise as far as possible without moving the road wheels. Visual inspection of free movement. || Free play in steering excessive (for example movement of a point on the rim exceeding one fifth of the diameter of the steering wheel) or not in accordance with the requirements. 1/ ||

2.4.      Wheel alignment || Visual inspection || obvious misalignment ||

2.5.       Trailer steered axle turntable || Visual inspection or using a suitable wheel play detector, if available || (a)            Component damaged or cracked. (b)            Excessive play. (c)            Attachment defective. ||

3.          VISIBILITY ||

3.1.       Field of vision || Visual inspection from driving seat. || Obstruction within driver’s field of view that materially affects his view in front or to the sides. ||

3.2.   Condition of glass || Visual inspection. || (a)            Cracked or discoloured glass or transparent panel (if permitted). (b)            Glass or transparent panel (including reflecting or tinted film) that does not comply with specifications in the requirements. 1/ (c)            Glass or transparent panel in unacceptable condition. ||

3.3. Rear-view mirrors or devices || Visual inspection. || (a)            Mirror or device missing or not fitted according to the requirements. 1/ (b)            Mirror or device inoperative, damaged, loose or insecure. ||

3.4. Windscreen wipers || Visual inspection and by operation. || (a)            Wipers not operating or missing (b)            Wiper blade missing or obviously defective. ||

3.5. Windscreen washers || Visual inspection and by operation. || Washers not operating adequately. ||

3.6 Demisting system (X) 7/ || Visual inspection and by operation. || System inoperative or obviously defective. ||

4.          LAMPS, REFLECTORS AND ELECTRICAL EQUIPMENT ||

4.1. Headlamps ||

4.1.1. Condition and operation || Visual inspection and by operation. || (a)            Defective or missing light / light source. (b)            Defective or missing projection system (reflector and lens). (c)            Lamp not securely attached. ||

4.1.2. Alignment || Visual inspection and by operation || (a)            Hedlamp grossly misaligned (b)            Light source incorrectly fitted ||

4.1.3. Switching || Visual inspection and by operation. || (a)            Number of headlamps illuminated at the same time not in accordance with the requirements1/. (b)            Switch does not operate in accordance with the requirements1/ (c)            Function of control device impaired ||

4.1.4. Compliance with requirements 1/ || Visual inspection and by operation. || (a)            Lamp, emitted colour, position or intensity not in accordance with the requirements. 1/ (b)            Products on lens or light source which obviously reduce light intensity or change emitted colour. (c)            Light source and lamp not compatible ||

4.1.5. Levelling devices (where mandatory) (X)[5]/ || Visual inspection and by operation if possible. || (a)            Device not operating. (b)            Manual device cannot be operated from driver’s seat. ||

4.1.6. Headlamp cleaning device (where mandatory) (X) 6/ || Visual inspection and by operation if possible. || Device not operating. ||

4.2.       Front and rear position lamps, side marker lamps and end outline marker lamps ||

4.2.1. Condition and operation || Visual inspection and by operation. || (a)            Defective light source. (b)            Defective lens. (c)            Lamp not securely attached (likely to fall off). ||

4.2.2 Switching || Visual inspection and by operation. || (a)            Switch does not operate in accordance with the requirements. 1/ (b)            Function of control device impaired. ||

4.2.3. Compliance with requirements1/ || Visual inspection and by operation. || (a)            Lamp, emitted colour, position or intensity not in accordance with the requirements. 1/ (b)            Products on lens or light source which reduce light intensity or change emitted colour. ||

4.3.          Stop Lamps ||

4.3.1. Condition and operation || Visual inspection and by operation. || (a)            Defective light source. (b)            Defective lens. (c)            Lamp not securely attached (likely to fall off). ||

4.3.2 Switching || Visual inspection and by operation. || (a)            Switch does not operate in accordance with the requirements. 1/ (b)            Function of control device impaired. ||

4.3.3. Compliance with requirements1/ || Visual inspection and by operation. || (a)            Lamp, emitted colour, position or intensity not in accordance with the requirements. 1/ ||

4.4.          Direction indicator and hazard warning lamps

4.4.1. Condition and operation || Visual inspection and by operation. || (a)            Defective light source. (b)            Defective lens. (c)            Lamp not securely attached (likely to fall off) ||

4.4.2. Switching || Visual inspection and by operation. || (a)            Switch does not operate in accordance with the requirements. 1/ ||

4.4.3. Compliance with requirements 1/ || Visual inspection and by operation. || (a)            Lamp, emitted colour, position or intensity not in accordance with the requirements. 1/ ||

4.4.4. Flashing frequency || Visual inspection and by operation. || (a)            Rate of flashing not in accordance with the requirements. 1/ ||

4.5.          Front and rear fog lamps

4.5.1. Condition and operation || Visual inspection and by operation. || (a)            Defective light source. (b)            Defective lens. (c)            Lamp not securely attached. ||

4.5.2 Alignment (X)6/ || Visual inspection and by operation || (a)            Front fog lamp obviously out of alignment ||

4.5.3.    Switching || Visual inspection and by operation. || (a)            Switch does not operate in accordance with the requirements. 1/ ||

4.5.4. Compliance with requirements 1/ || Visual inspection and by operation. || (a)            Lamp, emitted colour, position or intensity not in accordance with the requirements. 1/ (b)            System does not operate in accordance with the requirements. 1/ ||

4.6.          Reversing lamps

4.6.1.    Condition and operation || Visual inspection and by operation. || (a)            Defective light source. (b)            Defective lens. (c)            Lamp not securely attached.(likely to fall off) ||

4.6.2.    Compliance with requirements 1/ || Visual inspection and by operation. || (a)            Lamp, emitted colour, position or intensity not in accordance with the requirements. 1/ (b)            System does not operate in accordance with the requirements. 1/ ||

4.6.3.    Switching || Visual inspection and by operation. || (a)            Switch does not operate in accordance with the requirements. 1/ ||

4.7.       Rear registration plate lamp

4.7.1.    Condition and operation || Visual inspection and by operation. || (a)            Lamp throwing direct light to the rear. (b)            Defective light source. (c)            Lamp not securely attached.(likely to fall off) ||

4.7.2.    Compliance with requirements 1/ || Visual inspection and by operation. || System does not operate in accordance with the requirements. 1/ ||

4.8.          Retro-reflectors, conspicuity (retro reflecting) markings and rear marker plates

4.8.1. Condition || Visual inspection. || (a)            Reflecting equipment defective or damaged. (b)            Reflector not securely attached . ||

4.8.2. Compliance with requirements 1/ || Visual inspection. || (a)            Device, reflected colour or position not in accordance with the requirements. 1/ ||

4.9.          Tell-tales mandatory for lighting equipment

4.9.1.    Condition and operation || Visual inspection and by operation. || (a)            Not operating. ||

4.9.2. Compliance with requirements 1/ || Visual inspection and by operation. || Not in accordance with the requirements. 1/ ||

4.10. Electrical connections between towing vehicle and trailer or semi-trailer || Visual inspection: if possible examine the electrical continuity of the connection. || (a)            Fixed components not securely attached. (b)            Damaged or deteriorated insulation. (c)            Trailer or towing vehicle electrical connections not functioning correctly. ||

4.11. Electrical wiring || Visual inspection, including inside the engine compartment and/or the underside of the vehicle. || (a)            Wiring insecure or not adequately secured. (b)            Wiring deteriorated (c)            Damaged or deteriorated insulation. ||

4.12. Non obligatory lamps and retro-reflectors (X) 6/ || Visual inspection and by operation. || (a)            A lamp/retro-reflector fitted not in accordance with the requirements. 1/ (b)            Lamp operation not in accordance with the requirements. 1/ (c)            Lamp/retro-reflector not securely attached.(likely to fall off) ||

4.13. Battery || Visual inspection. || (a)            Insecure. (b)            Leaking. (c)            Defective switch (if required). (d)            Defective fuses (if required). (e)            Inappropriate ventilation (if required) ||

5.          AXLES, WHEELS, TYRES AND SUSPENSION

5.1.       Axles

5.1.1. Axles + (E) || Visual inspection using wheel play detectors if available. || (a)            Axle fractured or deformed. (b)            Insecure fixing to vehicle. (c)            Inappropriate repair or modification. ||

5.1.2.       Stub axles + (E) || Visual inspection using wheel play detectors, if available. Apply a vertical or lateral force to each wheel and note the amount of movement between the axle beam and stub axle. || (a)            Stub axle fractured. (b)            Excessive wear in the swivel pin and/or bushes. (c)            Excessive movement between stub axle and axle beam. (d)            Stub axle pin loose in axle. ||

5.1.3.       Wheel bearings + (E) || Visual inspection and using wheel play detectors, if available. Rock the wheel or apply a lateral force to each wheel and note the amount of movement of the wheel relative to the stub axle. || (a)            Excessive play in a wheel bearing. (b)            Wheel bearing too tight, jammed (overheated). ||

5.2.       Wheels and tyres

5.2.1.   Road wheel hub || Visual inspection || (a)            Any wheel nuts or studs missing or loose. (b)            Hub worn or damaged ||

5.2.2.    Wheels || Visual inspection of both sides of each wheel. || (a)            Any fracture or welding defect. (b)            Tyre retaining rings not properly fitted. (c)            Wheel badly distorted or worn. (d)            Wheel size or type not in accordance with the requirements 1/ and effecting road safety ||

5.2.3.    Tyres || Visual inspection of the entire tyre by rolling the vehicle backwards and forwards. || (a)            Tyre size, load capacity, approval mark or speed rating not in accordance with the requirements 1/ and effecting road safety (b)            Tyres on same axle or on twin wheels of different sizes. (c)            Tyres on same axle of different construction (radial / cross-ply). (d)            Any serious damage or cut to tyre. (e)            Tyre tread depth not in accordance with the requirements. 1/ (f)            Tyre rubbing against other components. (g)            Re-grooved tyres not in accordance with requirements. 1/ ||

5.3.       Suspension system

5.3.1.    Springs and stabilizer + (E) || Visual inspection and if available using wheel play detectors. || (a)            Insecure attachment of springs or stabilizer to chassis or axle. (b)            A damaged or fractured spring or stabilizer component. (c)            spring or stabilizer missing (d)            inappropriate repair or modification ||

5.3.2.    Shock absorbers || Visual inspection || (a)            Insecure attachment of shock absorbers to chassis or axle. (b)            Damaged shock absorber. (c)            shock absorber missing ||

5.3.3.       Torque tubes, radius arms, wishbones and suspension arms + (E) || Visual inspection and if available using wheel play detectors. || (a)            Insecure attachment of component to chassis or axle. (b)            A damaged, fractured, missing or excessively corroded component. ©             Inappropriate repair or modification. ||

5.3.4.    Suspension joints + (E) || Visual inspection and if available using wheel play detectors. || (a)            Excessive wear in swivel pin and/or bushes or at suspension joints. (b)            Dust cover missing or severely deteriorated. ||

5.3.5.    Air suspension || Visual inspection || (a)            System inoperable. (b)            Any component damaged, modified or deteriorated in a way that would adversely affect the functioning of the system. (c)            audible system leakage ||

6.          CHASSIS AND CHASSIS ATTACHMENTS

6.1.       Chassis or frame and attachments

6.1.1.    General condition || Visual inspection || (a)            Fracture or deformation of any side or cross member. (b)            Insecurity of strengthening plates or fastenings. (c)            Excessive corrosion which affects the rigidity of the assembly. ||

6.1.2.    Exhaust pipes and silencers || Visual inspection || (a)            Insecure or leaking exhaust system. (b)            Fumes entering cab or passengers compartment. ||

6.1.3.    Fuel tank and pipes (including heating fuel tank and pipes) || Visual inspection and if available use of leak detecting device for LPG/CNG systems || (a)            Insecure tank or pipes. (b)            Leaking fuel or missing or ineffective filler cap. (c)            Damaged or chafed pipes. (d)            Fuel stopcock (if required) not operating correctly. (e)            Fire risk due to – Leaking fuel – Fuel tank or exhaust improperly shielded – Engine compartment condition (f)            LPG/CNG system not in accordance with requirements. 1/ ||

6.1.4.    Bumpers, lateral protection and rear under-run devices || Visual inspection || (a)            Looseness or damage likely to cause injury. (b)            Device obviously not in compliance with the requirements. 1/ ||

6.1.5.    Spare wheel carrier (if fitted) || Visual inspection || (a)            Carrier fractured or insecure. (b)            A spare wheel not securely fixed in carrier, likely to fall off. ||

6.1.6.    Coupling mechanisms and towing equipment  + (E) || Visual inspection and by operation where possible, with special attention to any safety device fitted and /or use of measuring gauge. || (a)            Component damaged, defective or cracked. (b)            Excessive wear in a component. (c)            Attachment defective. (d)            Any safety device missing or not operating correctly. (e)            Any indicator not working. (f)            Inappropriate repair or modification. ||

6.1.7.    Transmission || Visual inspection || (a)            Loose or missing securing bolts. (b)            Excessive wear in transmission shaft bearings. (c)            Excessive wear in universal joints. (d)            Deteriorated flexible couplings. (e)            A damaged or bent shaft. (f)            Bearing housing fractured or insecure. (g)            Dust cover missing or severely deteriorated. (h)           illegal power-train modification ||

6.1.8.    Engine mountings || Visual inspection || Deteriorated, loose or fractured mountings. ||

6.1.9.    Engine performance || Visual inspection || (a)            Control unit illegal modified (b)            illegal engine and or power train modification ||

6.2.      Cab and bodywork

6.2.1. Condition || Visual inspection || (a)            A loose or damaged panel or part likely to cause injury. (b)            Insecure body pillar. (c)            Permitting entry of engine or exhaust fumes. (d)            Inappropriate repair or modification. ||

6.2.2. Mounting || Visual inspection || (a)            Body or cab insecure. (b)            Body/cab obviously not located squarely on chassis. (c)            Insecure or missing fixing of body/cab to chassis or cross members. (d)            Excessive corrosion at fixing points on integral bodies. ||

6.2.3.    Doors and door catches || Visual inspection || (a)            A door will not open or close properly. (b)            A door likely to open inadvertently or one that will not remain closed. (c)            Door, hinges, catches, pillar, missing, loose or deteriorated. ||

6.2.4.    Floor || Visual inspection || Floor insecure or badly deteriorated. ||

6.2.5.    Driver’s seat || Visual inspection || (a)            A loose seat or seat with defective structure. (b)            Adjustment mechanism not functioning correctly. ||

6.2.6.    Other seats || Visual inspection || (a)            Seats in defective condition or insecure. (b)            Seats fitted not in accordance with requirements. 1/ ||

6.2.7.    Driving controls || Visual inspection and by operation || Any control necessary for the safe operation of the vehicle not functioning correctly ||

6.2.8.    Cab steps || Visual inspection || (a)            Step or step ring insecure. (b)            Step or ring in a condition likely to cause injury to users. ||

6.2.9.   Other interior and exterior fittings and equipment || Visual inspection || (a)            Attachment of other fitting or equipment defective. (b)            Other fitting or equipment not in accordance with the requirements. 1/ (c)            Leaking hydraulic equipment ||

6.2.10. Mud-guards (wings), spray suppression devices || Visual inspection || (a)            Missing, loose or badly corroded. (b)            Insufficient clearance for road wheel. (c)            Not in accordance with the requirements. 1/ ||

7.          OTHER EQUIPMENT

7.1.       Safety-belts/buckles and restraint systems

7.1.1. Security of safety-belts/buckles mountings || Visual inspection || (a)            Anchorage point badly deteriorated. (b)            Anchorage point loose ||

7.1.2. Condition of safety-belts/buckles || Visual inspection and by operation || (a)            Mandatory safety-belt missing or not fitted. (b)            Safety-belt damaged. (c)            Safety-belt not in accordance with the requirements. 1/ (d)            Safety-belt buckle damaged or not functioning correctly. (e)            Safety-belt retractor damaged or not functioning correctly. ||

7.1.3. Safety belt Load limiter (X) 6/ || Visual inspection || (a)            Existence or inexistence of load limiter not suitable with the vehicle ||

7.1.4. Safety belt Pre-tensioners (X)6/ || Visual inspection || (a)            Existence or inexistence of pre-tensioner not suitable with the vehicle ||

7.1.5. Airbag (X) 6/ || Visual inspection || (a)            Existence or inexistence of airbags not suitable with the vehicle. (b)            Airbag obviously non operative ||

7.1.6. SRS Systems (X) 6/ || Visual inspection of Malfunction Indicator Lamp (MIL) || (a)            SRS MIL indicates any kind of failure of the system ||

7.2.   Fire extinguisher if required (X) 6/ || Visual inspection || (a)            Missing. (b)            Not in accordance with the requirements. 1/ ||

7.3.   Locks and anti-theft device || Visual inspection and by operation || (a)            Device not functioning to prevent vehicle being driven. (b)            defective or inadvertently locking or blocking ||

7.4.   Warning triangle (if required) (X) 6/ || Visual inspection || Missing or incomplete. (a)            Not in accordance with the requirements. 1/ ||

7.5.   First aid kit. (if required) (X) 6/ || Visual inspection || Missing, incomplete or not in accordance with the requirements. 1/ ||

7.6.   Wheel chocks (wedges) (if required) (X) 6/ || Visual inspection || Missing or not in good condition. ||

7.7.   Audible warning device || Visual inspection and by operation || (a)            Not working. (b)            Control insecure. (c)            Not in accordance with the requirements. 1/ ||

7.8.   Speedometer || Visual inspection || (a)            Not fitted in accordance with the requirements. 1/ (b)            Not operational. (c)            Not capable of being illuminated. ||

7.9.   Tachograph (if fitted/ required) || Visual inspection || (a)            Not fitted in accordance with the requirements. 1/ (b)            Not operational. (c)            Defective or missing seals. (d)            Calibration plaque missing, illegible or out of date. (e)            Obvious tampering or manipulation. (f)            size of tyres not compatible with calibration parameters ||

7.10   Speed limitation device (if required) + (E) || Visual inspection and by operation if equipment available. || (a)            Not fitted in accordance with the requirements. 1/ (b)            Obviously not operational. (c)            Set speed too high (if checked) (d)            Defective or missing seals. (e)            Calibration plaque missing, illegible or out of date. (f)            size of tyres not compatible with calibration parameters ||

7.11   Odometer if available/ || Visual inspection || (a)            obviously manipulated (fraud) (b)            obviously inoperative ||

7.12   Electronic Stability Control (ESC) when mandatory (X) 6/ || Visual inspection || (a)           Wheel speed sensors missing or damaged (b)           Wirings damaged (c)           Other components missing or damaged (d)           Switch damaged or not functioning correctly (e)           ESC MIL indicates any kind of failure of the system ||

8. NUISANCE ||

8.1.       Noise ||

8.1.1     Noise suppression system || Subjective evaluation (unless the inspector considers that the noise level may be borderline, in which case a standing noise test using a noise meter may be conducted) || (a)           Noise levels in excess of those permitted in the requirements(1). (b)           Any part of the noise suppression system loose, likely to fall off, damaged, incorrectly fitted, missing or obviously modified in a way that would adversely affect the noise levels. ||

8.2        Exhaust emissions ||

8.2.1 Petrol engine emissions ||

8.2.1.1.    Exhaust emission control equipment || Visual inspection || (a)           Emission control equipment fitted by the manufacturer absent or obviously defective. (b)           Leaks which could significantly affect emission measurements. ||

8.2.1.2. Gaseous emissions (E) || Measurement using an exhaust gas analyser in accordance with the requirements(1). Alternatively, for vehicles equipped with suitable on-board diagnostic systems, the proper functioning of the emission system can be checked by appropriate reading of the OBD device and checks on the proper functioning of the OBD system in place of emission measurements at engine idle in accordance with the manufacturer's conditioning recommendations and other requirements(1) and taking account of appropriate tolerances. Alternatively, measurement using remote sensing equipment and confirmed by standard test methods. || (a)           Either, gaseous emissions exceed the specific levels given by the manufacturer; (b)           Or, if this information is not available, the CO emissions exceed, (1)        for vehicles not controlled by an advanced emission control system, – 4.5%, or – 3.5%             according to the date of first registration or use specified in requirements(1) (2)      for vehicles controlled by an advanced emission control system, – at engine idle: 0.5% – at high idle: 0.3% or – at engine idle: 0.3%[6]/ – at high idle: 0.2% according to the date of first registration or use specified in requirements(1) (c)           Lambda outside the range 1± 0.03 or not in accordance with the manufacturer’s specification (d)           OBD read out indicating significant malfunction (e)           Remote sensing measurement showing significant non-compliance ||

8.2.2 Diesel engine emissions ||

8.2.2.1. Exhaust emission control equipment || Visual inspection || (a)           Emission control equipment fitted by the manufacturer absent or obviously defective. (b)           Leaks which could significantly affect emission measurements. ||

8.2.2.2. Opacity  (E) || (a) Exhaust gas opacity to be measured during free acceleration (no load from idle up to cut-off speed) with gear lever in neutral and clutch engaged. (b) Vehicle preconditioning: 1. Vehicles may be tested without preconditioning although for safety reasons checks should be made that the engine is warm and in a satisfactory mechanical condition. 2. precondition requirements: (i) Engine shall be fully warm, for instance the engine oil temperature measured by a probe in the oil level dipstick tube to be at least 80 ºC, or normal operating temperature if lower, or the engine block temperature measured by the level of infrared radiation to be at least an equivalent temperature. If, owing to vehicle configuration, this measurement is impractical, the establishment of the engine's normal operating temperature may be made by other means, for example by the operation of the engine cooling fan. (ii) Exhaust system shall be purged by at least three free acceleration cycles or by an equivalent method. (c) Test procedure: 1. Engine and any turbocharger fitted, to be at idle before the start of each free acceleration cycle. For heavy-duty diesels, this means waiting for at least 10 seconds after the release of the throttle. 2. To initiate each free acceleration cycle, the throttle pedal must be fully depressed quickly and continuously (in less than one second) but not violently, so as to obtain maximum delivery from the injection pump. 3. During each free acceleration cycle, the engine shall reach cut-off speed or, for vehicles with automatic transmissions, the speed specified by the manufacturer or if this data is not available then two thirds of the cut-off speed, before the throttle is released. This could be checked, for instance, by monitoring engine speed or by allowing a sufficient time to elapse between initial throttle depression and release, which in the case of vehicles M2, M3, N2 or N3 should be at least two seconds. 4. Vehicles shall only be failed if the arithmetic means of at least the last three free acceleration cycles are in excess of the limit value. This may be calculated by ignoring any measurement that departs significantly from the measured mean, or the result of any other statistical calculation that takes account of the scattering of the measurements. Member States may limit the number of test cycles. 5. To avoid unnecessary testing, Member States may fail vehicles which have measured values significantly in excess of the limit values after less than three free acceleration cycles or after the purging cycles. Equally to avoid unnecessary testing, Member States may pass vehicles which have measured values significantly below the limits after less than three free acceleration cycles or after the purging cycles and taking account of appropriate tolerances. Alternatively, measurement using remote sensing equipment and confirmed by standard test methods. || (a)           For vehicles registered or put into service for the first time after the date specified in requirements(1), opacity exceeds the level recorded on the manufacturer’s plate on the vehicle; (b)           Where this information is not available or requirements(1) do not allow the use of reference values, – for naturally aspirated engines: 2.5 m-1 , – for turbo-charged engines: 3.0 m-1, or, for vehicles identified in requirements(1) or first registered or put into service for the first time after the date specified in requirements(1), – 1.5 m-1.[7]/ (c)           Remote sensing measurement showing significant non-compliance ||

NOTES:

1. 'requirements’ are laid down by type approval requirements at the date of first registration or first entry into service as well as retrofitting obligations or national legislation of the country of registration.

ANNEX III ASSESSMENT OF DEFICIENCIES

This Annex sets out the minimum rules to apply for assessing deficiencies that are found during roadside inspections.

1. Classification of deficiencies

The deficiencies are classified as follows:

MINOR DEFICIENCIES:

Technical defects that have no significant effect on the safety of the vehicle and other minor non-compliances. The vehicle does not have to be re-examined as it can reasonably be expected that the detected deficiencies will be rectified without delay.

MAJOR DEFICIENCIES:

Deficiencies that may prejudice the safety of the vehicle and/or put other road users at risk and other more significant non-compliances. The vehicle must be repaired as soon as possible and further use may be subject to restrictions and conditions, for example, submitting the vehicle to a further roadworthiness inspection.

DANGEROUS DEFICIENCIES:

Deficiencies that constitute a direct and immediate risk to road safety. Further use of the vehicle on the road is not permitted, although in some instances it may be permitted to be driven under specified conditions directly to a specified location, for example for immediate repair or impounding of the vehicle.

A vehicle having deficiencies falling into more than one deficiency group should be classified according to the most serious deficiency. A vehicle showing several deficiencies of the same group can be classified in the next more serious group if their combined effect makes the vehicle more dangerous.

Requirements for type-approval at the time of first registration or first entry into service shall be taken into consideration during the deficiencies assessment. Nevertheless some items will be covered by retrofitting requirements.

2.         Assessment requirements

Item || Deficiencies || Deficiency assessment

|| Minor || Major || Dangerous

0.       IDENTIFICATION OF THE VEHICLE

0.1.      Registration number plates (if needed by requirements(1) || (a)              Number plate(s) missing or so insecure/fixed that it is (they are) likely to fall off. || || X ||

(b)              Inscription missing or illegible. || || X ||

(c)        Not in accordance with vehicle documents or records. || || X ||

0.2.      Vehicle identification chassis/ serial number || (a)              Missing or can not be found. || || X ||

(b)              Incomplete, illegible. || || X ||

(c)        Not in accordance with vehicle documents or records. || || X ||

1.         BRAKING EQUIPMENT

1.1.      Mechanical condition and operation

1.1.1.       Service brake pedal/hand lever pivot || (a)              Pivot too tight. || || X ||

b)                Excessive wear or play. || || X ||

1.1.2.    Pedal/hand lever condition and travel of the brake operating device || (a)              Excessive or insufficient reserve travel. Brake not fully apply able or blocked || || X || X

(b)              Brake control not releasing correctly Brake continuing operation. || X || X ||

(C) Anti-slip provision on brake pedal missing, loose or worn smooth. || X || ||

1.1.3.    Vacuum pump or compressor and reservoirs || (a)              Insufficient pressure/vacuum to give assistance for at least two brake applications after the warning device has operated (or gauge shows an unsafe reading). at least two brake applications after the warning device has operated (or gauge shows an unsafe reading);. || || X || X

(b)              Time taken to build up air pressure/vacuum to safe working value not in accordance with the requirements(1) || || X ||

(c)              Multi-circuit protection valve or pressure relief valve not working. || || X ||

(d)              Air leak causing a noticeable drop in pressure or audible air leaks. || || X ||

e)                External damage likely to affect the function of the braking system Secondary braking performance not met || || X || X

1.1.4.    Low pressure warning gauge or indicator || Malfunctioning or defective gauge or indicator.(pressure readable) Low pressure not identifyable. || X || X ||

1.1.5.    Hand operated brake control valve || (a)              Control cracked, damaged or excessively worn. || || X ||

(b)              Control insecure on valve or valve insecure. || || X ||

(c)              Loose connections or leaks in system. || || X ||

(d)              Unsatisfactory operation. || || X ||

1.1.6.   Parking brake activator, lever control, parking brake ratchet , electronic parking brake || (a)           Ratchet not holding correctly. || || X ||

(b)              wear at lever pivot or in ratchet mechanism. Excessive wear || X || X ||

(c)              Excessive movement of lever indicating incorrect adjustment. || || X ||

(d)              Activator missing, damaged or inoperative || || X ||

(e)              Incorrect functioning, warning indicator shows malfunction || || X ||

1.1.7. Braking valves (foot valves, unloaders, governors) || (a)              Valve damaged or excessive air leak. Functionality affected || || X || X

(b)              Excessive oil discharge from compressor. || X || ||

(c)              Valve insecure or inadequately mounted. || || X ||

(d)              Hydraulic fluid discharge or leak. Functionality affected || || X || X

1.1.8.   Couplings for trailer brakes (electrical & pneumatic) || (a)              Tap or self sealing valve defective. Functionality affected || X || X ||

(b)              Tap or valve insecure or inadequately mounted. Functionality affected || X || X ||

(c)              Excessive leaks. Functionality affected || || X || X

(d)              Not functioning correctly Operation of brake affected || || X || X

1.1.9.   Energy storage reservoir pressure tank || (a)              Tank slightly damaged or slightly corroded. Tank heavily damaged, corroded or leaking. || X || X ||

(b)              Drain device operation affected. Drain device inoperative || X || X ||

(c)              Tank insecure or inadequately mounted. || || X ||

1.1.10.     Brake servo units, master cylinder (hydraulic systems) || (a)              Defective or ineffective servo unit. || || X ||

(b)              Master cylinder defective, but brake still operating. Master cylinder defective or leaking || || X || X

(c)              Master cylinder insecure, but brake still operating. Master cylinder insecure. || || X || X

(d)              Insufficient brake fluid (below MIN mark but more than 50% of reservoir capacity) Insufficient brake fluid (below MIN mark but less than 50% of reservoir capacity) No brake fluid visible || X || X || X

(e)              Master cylinder reservoir cap missing. || X || ||

(f)               Brake fluid warning light illuminated or defective. || X || ||

(g)              Incorrect functioning of brake fluid level warning device. || X || ||

1.1.11.     Rigid brake pipes || (a)              Imminent risk of failure or fracture. || || || X

(b)              Pipes or connections leaking (air brake systems). Pipes or connections leaking (hydraulic brake systems || || X || X

(c)              Pipes damaged or excessively corroded. Affecting the functioning of the brakes by blocking or imminent risk of leaking || || X || X

(d)              Pipes misplaced. Risk of damage || X || X ||

1.1.12.     Flexible brake hoses || (a)              Imminent risk of failure or fracture. || || || X

(b)              Hoses twisted or to short Hoses damaged or chafing || X || X ||

(c)              Hoses or connections leaking. (air brake systems). Hoses or connections leaking (hydraulic brake systems) || || X || X

(d)              Hoses bulging under pressure. Cord impaired || || X || X

(e)              Hoses porous. || || X ||

1.1.13.     Brake linings and pads || (a)              Lining or pad excessively worn.(min mark reached) Lining or pad excessively worn.(below min mark) || || X || X

(b)              Lining or pad contaminated (oil, grease etc.). Braking performance affected || || X || X

(c)              Lining or pad missing || || || X

1.1.14.     Brake drums, brake discs || (a)              Drum or disc worn (min mark reached) or significant scored,. Drum or disc excessively worn, excessively scored, cracked, insecure or fractured. || || X || X

(b)              Drum or disc contaminated (oil, grease, etc.) Braking performance affected || || X || X

(c)              Drum or disc missing || || || X

(d)              Back plate insecure. || || X ||

1.1.15.     Brake cables, rods, levers, linkages || (a)              Cable damaged or knotted. Braking performance affected || || X || X

(b)              Component excessively worn or corroded. Braking performance affected || || X || X

(c)              Cable, rod or joint insecure. || || X ||

(d)              Cable guide defective. || || X ||

(e)              Restriction to free movement of the braking system. || || X ||

(f)               Abnormal movement of the levers/linkage indicating maladjustment or excessive wear. || || X ||

1.1.16.     Brake actuators (including spring brakes or hydraulic cylinders) || (a)              Actuator cracked or damaged. Braking performance affected || || X || X

(b)              Actuator leaking. Braking performance affected || || X || X

(c)              Actuator insecure or inadequately mounted. Braking performance affected || || X || X

(d)              Actuator excessively corroded. Likely to crack || || X || X

(e)              Insufficient or excessive travel of operating piston or diaphragm mechanism. Braking performance affected (lack of reserve for movement) || || X || X

(f)               Dust cover damaged. Dust cover missing or excessively damaged. || X || X ||

1.1.17.     Load sensing valve || (a)              Defective linkage. || || X ||

(b)              Linkage incorrectly adjusted. || || X ||

(c)              Valve seized or inoperative.(ABS functioning) Valve seized or inoperative || || X || X

(d)              Valve missing. || || || X

(e)              Missing data plate. || X || ||

(f)               Data illegible or not in accordance with requirements(1) || X || ||

1.1.18.     Slack adjusters and indicators || (a)           Adjuster damaged, seized or having abnormal movement, excessive wear or incorrect adjustment. || || X ||

(b)           Adjuster defective. || || X ||

(c)           Incorrectly installed or replaced. || || X ||

1.1.19.     Endurance braking system (where fitted or required) || (a)           Insecure connectors or mountings. Functionality affected || X || X ||

(b)           System obviously defective or missing. || || X ||

1.1.20.     Automatic operation of trailer brakes || Trailer brake does not apply automatically when coupling disconnected. || || || X

1.1.21.     Complete braking system || (a)           Other system devices (e.g. anti-freeze pump, air dryer, etc.) damaged externally or excessively corroded in a way that adversely affects the braking system. Braking performance affected || || X || X

(b)           Leakage of air or anti-freeze. System functionality affected || X || X ||

(c)           Any component insecure or inadequately mounted. || || X ||

(d)           Inappropriate repair or modification to any component[8] Braking performance affected || || X || X

1.1.22.     Test connections (where fitted or required) || (a)           Missing. || || X ||

(b)           Damaged Unusable or leaking. || X || X ||

1.2.       Service braking performance and efficiency

1.2.1.    Performance (E)(2) || (a)              Inadequate braking effort on one or more wheels. No braking effort on one or more wheels || || X || X

(b)              Braking effort from any wheel is less than 70% of maximum effort recorded from the other wheel on the same axle. Or in the case of testing on the road, the vehicle deviates excessively from a straight line. Braking effort from any wheel is less than 50% of maximum effort recorded from the other wheel on the same axle in case of steered axles || || X || X

(c)              No gradual variation in brake effort (grabbing). || || X ||

(d)              Abnormal lag in brake operation of any wheel. || || X ||

(e)              Excessive fluctuation of brake force during each complete wheel revolution. || || X ||

1.2.2.    Efficiency (E)(2) || Does not give at least the minimum figure as follows:- Category N1: 45% Category M1, M2 and M3: 50% [9] Category N2 and N3: 43% [10] Category O2,O3 and O4: 40% [11] Less than 50% of the above values reached in relation to the vehicle mass during testing || || X || X

1.3.       Secondary (emergency) braking performance and efficiency (if met by separate system)

1.3.1. Performance (E)(2) || (a)              Inadequate braking effort on one or more wheels. No braking effort on one or more wheels || || X || X

(b)              Braking effort from any wheel is less than 70% of maximum effort recorded from another wheel on the same axle specified. Or in the case of testing on the road, the vehicle deviates excessively from a straight line. Braking effort from any wheel is less than 50% of maximum effort recorded from the other wheel on the same axle in case of steered axles || || X || X

(c)              No gradual variation in brake effort (grabbing). || || X ||

1.3.2.    Efficiency || Braking effort less than 50% [12] of the service brake performance defined in section 1.2.2 in relation to the maximum authorized mass or, in the case of semi-trailers, to the sum of the authorized axel loads (except L1e and L3e). Less than 50% of the above values reached in relation to the vehicle mass during testing || || X || X

1.4.       Parking braking performance and efficiency

1.4.1.    Performance (E)(2) || Brake inoperative on one side or in the case of testing on the road, the vehicle deviates excessively from a straight line. Less than 50% of the efficiency values reached in relation to the vehicle mass during testing || || X || X

1.4.2.    Efficiency (E)(2) || Does not give at least for all vehicles a braking ratio of 16% in relation to the maximum authorized mass, or, for motor vehicles, of 12% in relation to the maximum authorized combination mass of the vehicle, whichever is the greater Less than 50% of the above values reached in relation to the vehicle mass during testing || || X || X

1.5.       Endurance braking system performance || (a)              No gradual variation of efficiency (not applicable to exhaust brake systems). || || X ||

(b)              System not functioning. || || X ||

1.6.       Anti-lock braking system (ABS) || (a)              Warning device malfunctioning. || || X ||

(b)              Warning device shows system malfunction. || || X ||

(c)              Wheel speed sensors missing or damaged || || X ||

(d)              Wirings damaged || || X ||

(e)              Other components missing or damaged || || X ||

1.7 Electronic brake system (EBS) || (a)              Warning device malfunctioning. || || X ||

(b)              Warning device shows system malfunction. || || X ||

2.                STEERING

2.1.       Mechanical condition

2.1.1.       Steering gear condition || (a)            Sector shaft twisted or splines worn. functionality affected || || X || X

(b)            Excessive wear in sector shaft. Functionality affected || || X || X

(c)            Excessive movement of sector shaft. Functionality affected || || X || X

(d)            Leaking formation of drops || X || X ||

2.1.2.    Steering gear casing attachment || (a)            Steering gear casing not properly attached. More than 50% of attachments loose or relative movement to chassis/bodywork visible || || X || X

(b)            Elongated fixing holes in chassis. More than 50 % of attachments affected || || X || X

(c)            Missing or fractured fixing bolts. More than 50 % of attachments affected || || X || X

(d)            Steering gear casing fractured. Stability or attachment of casing affected || || X || X

2.1.3.    Steering linkage condition || (a)            Relative movement between components which should be fixed. Excessive movement or likely to un-link || || X || X

(b)            Excessive wear at joints. Likely to unlink || || X || X

(c)            Fractures or deformation of any component. Affecting function || || X || X

(d)            Absence of locking devices. || || X ||

(e)            Misalignment of components (e.g. track rod or drag link). || || X ||

(f)            Inappropriate repair or modification. Affecting function || || X || X

(g)            Dust cover damaged or deteriorated. Dust cover missing or severely deteriorated || X || X ||

2.1.4.    Steering linkage operation || (a)            Moving steering linkage fouling a fixed part of chassis. || || X ||

(b)            Steering stops not operating or missing. || || X ||

2.1.5.    Power steering || (a)            Fluid leak. Function affected || || X || X

(b)Insufficient fluid. . (below MIN mark but more than 50% of reservoir capacity to MIN mark                 Less than 50% of reservoir capacity to MIN mark || || X || X

(c)            Mechanism not working. Steering affected || || X || X

(d)            Mechanism fractured or insecure. Steering affected || || X || X

(e)            Misalignment or fouling of components. Steering affected || || X || X

(f)            Inappropriate repair or modification. Steering affected || || X || X

(g)            Cables/hoses damaged, excessively corroded. Steering affected || || X || X

2.2.      Steering wheel and column

2.2.1.    Steering wheel condition || (a)            Relative movement between steering wheel and column indicating looseness. Steering wheel likely to get off || || X || X

(b)            Absence of retaining device on steering wheel hub. Likely to unlink || || X || X

(c)            Fracture or looseness of steering wheel hub, rim or spokes. Likely to unlink || || X || X

2.2.2.    Steering column || (a)            Excessive movement of centre of steering wheel up or down. || || X ||

(b)            Excessive movement of top of column radically from axis of column. || || X ||

(c)            Deteriorated flexible coupling. || || X ||

(d)            Attachment defective. Likely to unlink || || X || X

2.3.      Steering play || Free play in steering excessive (for example movement of a point on the rim exceeding one fifth of the diameter of the steering wheel) or not in accordance with the requirements. 1/ Save steering affected || || X || X

2.4.      Wheel alignment || obvious misalignment Straight on driving affected; directional stability impaired || X || X ||

2.5.       Trailer steered axle turntable || (a)            Component damaged or cracked. Component heavy damaged or cracked. || || X || X

(b)            Excessive play. Straight on driving affected; directional stability impaired || || X || X

(c)            Attachment defective. (less than 50% of fixings loose) Attachment defective.(more than 50% of fixings loose) || || X || X

3.             VISIBILITY

3.1.       Field of vision || Obstruction within driver’s field of view that materially affects his view in front or to the sides. Inside cleaning area of windscreen wipers affected or outer mirrors not visible || X || X ||

3.2.   Condition of glass || (a)           Cracked or discoloured glass or transparent panel (if permitted). (outside cleaning area of windscreen wipers) Inside cleaning area of windscreen wipers affected or outer mirrors not visible || X || X ||

(b)            Glass or transparent panel (including reflecting or tinted film) that does not comply with specifications in the requirements. 1/ (outside cleaning area of windscreen wipers) Inside cleaning area of windscreen wipers affected or outer mirrors not visible || X || X ||

(c)            Glass or transparent panel in unacceptable condition. Visibility through inside cleaning area of windscreen wipers heavily affected || || X || X

3.3. Rear-view mirrors or devices || (a)            Mirror or device missing or not fitted according to the requirements. 1/ Less than two rear-view possibilities available || X || X ||

(b)            Mirror or device slightly damaged or loose. Mirror or device inoperative, heavily damaged, loose or insecure || X || X ||

3.4. Windscreen wipers || (a)            Wipers not operating or missing || || X ||

(b)              Wiper blade defective. Wiper blade missing or obviously defective || X || X ||

3.5. Windscreen washers || Washers not operating adequately. Washers not operating || X || X ||

3.6 Demisting system (X) 7/ || System inoperative or obviously defective. || X || ||

4.             LAMPS, REFLECTORS AND ELECTRICAL EQUIPMENT

4.1.          Headlamps

4.1.1. Condition and operation || (a)           Defective or missing light / light source.(multiple light /light sources; in case of LED more than 1/3 functioning) Single light / light sources; in case of LED less than 2/3 functioning || X || X ||

(b)            Slightly defective projection system (reflector and lens). Heavily defective or missing projection system (reflector and lens). || X || X ||

(c)            Lamp not securely attached. || || X ||

4.1.2. Alignment || (a)            Hedlamp grossly misaligned || || X ||

(b)            Light source incorrectly fitted || || X ||

4.1.3. Switching || (a)            Number of headlamps illuminated at the same time not in accordance with the requirements1/. Exceeding of maximum permitted light intensity to the front || X || X ||

(b)            Switch does not operate in accordance with the requirements1/ || || X ||

(c)            Function of control device impaired || X || ||

4.1.4. Compliance with requirements 1/ || (a)            Lamp, emitted colour, position or intensity not in accordance with the requirements. 1/ || || X ||

(b)            Products on lens or light source which obviously reduce light intensity or change emitted colour. || || X ||

(c)            Light source and lamp not compatible || || X ||

4.1.5. Levelling devices (where mandatory) (X)[13]/ || (a)            Device not operating. || || X ||

(b)            Manual device cannot be operated from driver’s seat. || || X ||

4.1.6. Headlamp cleaning device (where mandatory) (X) 6/ || Device not operating. In case of gas-discharging lamps || X || X ||

4.2.          Front and rear position lamps, side marker lamps and end outline marker lamps

4.2.1. Condition and operation || (a)            Defective light source. || || X ||

(b)            Defective lens. || || X ||

(c)            Lamp not securely attached (likely to fall off). || || X ||

4.2.2 Switching || (a)            Switch does not operate in accordance with the requirements. 1/ Rear position lamps and side marker lamps can be switched off when headlamps are on || X || X ||

(b)            Function of control device impaired. || || X ||

4.2.3. Compliance with requirements1/ || (a)            Lamp, emitted colour, position or intensity not in accordance with the requirements. 1/ Red light to the front or white light to the rear; heavily reduced light intensity || X || X ||

(b)            Products on lens or light source which reduce light intensity or change emitted colour. Red light to the front or white light to the rear; heavily reduced light intensity || X || X ||

4.3.          Stop Lamps

4.3.1. Condition and operation || (a)           Defective light source.(multiple light source in case of LED more than 1/3 functioning) Single light sources; in case of LED less than 2/3 functioning All light sources defective || X || X || X

(a)            Defective lens. (no influence on emitted light). Heavily defective lens (emitted light affected). || X || X ||

(b)            Lamp not securely attached (likely to fall off). || || X ||

4.3.2 Switching || (a)            Switch does not operate in accordance with the requirements. 1/ Delayed operation ( more than 2,5m/s2 deceleration before brake lights are on) No operation at all || X || X || X

(b)            Function of control device impaired. || || X ||

4.3.3. Compliance with requirements1/ || (a)            Lamp, emitted colour, position or intensity not in accordance with the requirements. 1/ White light to the rear; heavily reduced light intensity || X || X ||

4.4.          Direction indicator and hazard warning lamps

4.4.1. Condition and operation || (a)            Defective light source. .(multiple light source in case of LED more than 1/3 functioning) Single light sources; in case of LED less than 2/3 functioning || X || X ||

(b)            slightly defective lens. (no influence on emitted light) Heavily defective lens (emitted light affected). || X || X ||

(c)            Lamp not securely attached (likely to fall off) || || X ||

4.4.2. Switching || Switch does not operate in accordance with the requirements. 1/ No operation at all || X || X ||

4.4.3. Compliance with requirements 1/ || Lamp, emitted colour, position or intensity not in accordance with the requirements. 1/ Other than amber light emitted || X || X ||

4.4.4. Flashing frequency || Rate of flashing not in accordance with the requirements(1).(frequency more than 25% deviating) Frequency more than 50% deviating || X || X ||

4.5.          Front and rear fog lamps

4.5.1. Condition and operation || (a)            Defective light source. .(multiple light source in case of LED more than 1/3 functioning) Single light sources; in case of LED less than 2/3 functioning || X || X ||

(b)           slightly defective lens. (no influence on emitted light) Heavily defective lens (emitted light affected). || X || X ||

(c)            Lamp not securely attached. Likely to fall off or dazzling upcoming traffic || X || X ||

4.5.2 Alignment (X)6/ || Front fog lamp obviously out of alignment when the light pattern has cut-off line (cut-off line too low) Cut-off line above that for head lamps || X || X ||

4.5.3.    Switching || Switch does not operate in accordance with the requirements. 1/ Not operative || X || X ||

4.5.4. Compliance with requirements 1/ || (a)            Lamp, emitted colour, position or intensity not in accordance with the requirements. 1/ || || X ||

(b)            System does not operate in accordance with the requirements. 1/ || X || ||

4.6.          Reversing lamps

4.6.1.    Condition and operation || (a)            Defective light source. || X || ||

(b)            Defective lens. || X || ||

(c)            Lamp not securely attached.(likely to fall off) || || X ||

4.6.2.    Compliance with requirements 1/ || (a)            Lamp, emitted colour, position or intensity not in accordance with the requirements. 1/ || || X ||

(b)            System does not operate in accordance with the requirements. 1/ || || X ||

4.6.3.    Switching || Switch does not operate in accordance with the requirements. 1/ Reversing lamp can be switched on with gear not in position reverse || X || X ||

4.7.          Rear registration plate lamp

4.7.1.    Condition and operation || (a)            Lamp throwing direct light to the rear. Directly emitting white light to the rear || X || X ||

(b)            Defective light source. . multiple light source Defective light source. single light source || X || X ||

(c)            Lamp not securely attached.(likely to fall off) || || X ||

4.7.2.    Compliance with requirements 1/ || (a)            System does not operate in accordance with the requirements. 1/ || X || ||

4.8.          Retro-reflectors, conspicuity (retro reflecting) markings and rear marker plates

4.8.1. Condition || (a)         Reflecting equipment defective or damaged. Reflecting affected || X || X ||

(b)         Reflector not securely attached. Likely to fall off || X || X ||

4.8.2. Compliance with requirements 1/ || Device, reflected colour or position not in accordance with the requirements. 1/ Missing or reflecting red colour to the front or white colour to the rear || X || X ||

4.9.          Tell-tales mandatory for lighting equipment

4.9.1.    Condition and operation || Not operating. Not operating for un-dipped beam or rear fog lamp || X || X ||

4.9.2. Compliance with requirements 1/ || Not in accordance with the requirements. 1/ || X || ||

4.10. Electrical connections between towing vehicle and trailer or semi-trailer || (a)            Fixed components not securely attached. Loose socet || X || X ||

(b)            Damaged or deteriorated insulation. Likely to cause a short-circuit fault || X || X ||

(c)            Trailer or towing vehicle electrical connections not functioning correctly. Trailer braking system affected; trailer brake lights not working at all || || X || X

4.11. Electrical wiring || (a)            Wiring insecure or not adequately secured. Fixings loose, touching sharp edges, connectors likely to be disconnected Wiring likely to touch hot parts, rotating parts or ground, connectors disconnected (relevant parts for braking, steering) || X || X || X

(b)            Wiring slightly deteriorated. Wiring heavily deteriorated Wiring extreme deteriorated (relevant parts for braking, steering) || X || X || X

(c)            Damaged or deteriorated insulation. Likely to cause a short-circuit fault Eminent risk of fire, formation of sparks || X || X || X

4.12. Non obligatory lamps and retro-reflectors (X) 6/ || (a)            A lamp/retro-reflector fitted not in accordance with the requirements. 1/ Emitting/reflecting red light to the front or white light to the rear || X || X ||

(b)            Lamp operation not in accordance with the requirements. 1/ Number of headlights simultaneous operating exceeding permitted light density; Emitting red light to the front or white light to the rear || X || X ||

(c)            Lamp/retro-reflector not securely attached.(likely to fall off) || || X ||

4.13. Battery || (a)            Insecure. Not properly attached; Likely to cause a short-circuit fault || X || X ||

(b)            Leaking. Loss of hazardous substances || X || X ||

(c)            Defective switch (if required). || || X ||

(d)            Defective fuses (if required). || || X ||

(e)            Inappropriate ventilation (if required) || || X ||

5.             AXLES, WHEELS, TYRES AND SUSPENSION

5.1.          Axles

5.1.1. Axles + (E) || (a)            Axle fractured or deformed. || || || X

(b)            Insecure fixing to vehicle. Relative movement to chassis/bodywork/ loose || || X || X

(c)            Inappropriate repair or modification. Stability impaired, functionality affected, insufficient clearance to other vehicle parts or to the ground || || X || X

5.1.2.       Stub axles + (E) || (a)            Stub axle fractured. || || || X

(b)            Excessive wear in the swivel pin and/or bushes. Likely of loosening; directional stability impaired || || X || X

(c)            Excessive movement between stub axle and axle beam. Likely of loosening; directional stability impaired || || X || X

(d)            Stub axle pin loose in axle. Likely of loosening; directional stability impaired || || X || X

5.1.3.       Wheel bearings + (E) || (a)            Excessive play in a wheel bearing. directional stability impaired; danger of demolishment || || X || X

(b)            Wheel bearing too tight, jammed (overheated). Danger of overheating; danger of demolishment || || X || X

5.2.          Wheels and tyres

5.2.1.    Road wheel hub || (a)           Any wheel nuts or studs missing or loose(<3,5t: at least 4 symmetric distributed remaining; >3,5t. at least 75% symmetric distributed remaining) . More than 25% wheel nuts or studs missing or loose. || || X || X

(b)            Hub worn or damaged Hub worn or damaged in a way that secure fixing of wheels affected || || X || X

5.2.2.    Wheels || (a)            Any fracture or welding defect. || || || X

(b)            Tyre retaining rings not properly fitted. Likely to come-off || || X || X

(c)            Wheel badly distorted or worn. Secure fixing to hub affected; secure fixing of tyre affected || || X || X

(d)            Wheel size or type not in accordance with the requirements 1/ and effecting road safety || || X ||

5.2.3.    Tyres || (a)            Tyre size, load capacity, approval mark or speed rating not in accordance with the requirements 1/ and effecting road safety Insufficient load capacity or speed rating for actual use, tyre touches other fix vehicle parts impairing save driving || || X || X

(b)            Tyres on same axle or on twin wheels of different sizes. || || X ||

(c)            Tyres on same axle of different construction (radial / cross-ply). || || X ||

(d)            Any serious damage or cut to tyre. Cord visible or damaged || || X || X

(e)            Tyre tread depth not in accordance with the requirements. 1/ Less than 80% of required tread depth || || X || X

(f)            Tyre rubbing against other components. Save driving impaired || || X || X

(g)            Re-grooved tyres not in accordance with requirements. 1/ Cord protection layer affected || || X || X

5.3.          Suspension system

5.3.1.    Springs and stabilizer + (E) || (a)            Insecure attachment of springs or stabilizer to chassis or axle. Relative movement visible; more than 50% of fixings loose || || X || X

(b)            A damaged or fractured spring or stabilizer component. Main spring ( -leaf), or more than 50 % of additional leafs affected || || X || X

(c)            spring or stabilizer missing Main spring ( -leaf), or more than 50 % of additional leafs affected || || X || X

(d)            inappropriate repair or modification Insufficient clearance to other vehicle parts; spring system inoperative || || X || X

5.3.2.    Shock absorbers || (a)            Insecure attachment of shock absorbers to chassis or axle. Shock absorber loose || X || X ||

(b)            Damaged shock absorber. || || X ||

(c)            shock absorber missing || || X ||

5.3.3.    Torque tubes, radius arms, wishbones and suspension arms + (E) || (a)              Insecure attachment of component to chassis or axle. Likely of loosening; directional stability impaired || || X || X

(b)              A damaged or excessively corroded component. Stability of component affected or component fractured || || X || X

(c)              Inappropriate repair or modification. Insufficient clearance to other vehicle parts; system inoperative || || X || X

5.3.4.    Suspension joints + (E) || (a)              Excessive wear in swivel pin and/or bushes or at suspension joints. Likely of loosening; directional stability impaired || || X || X

(b)              Dust cover severely deteriorated. Dust cover missing or fractured || X || X ||

5.3.5.    Air suspension || (a)            System inoperable. || || || X

(b)            Any component damaged, modified or deteriorated in a way that would adversely affect the functioning of the system. Functioning of system seriously affected || || X || X

(c)            audible system leakage || || X ||

6.             CHASSIS AND CHASSIS ATTACHMENTS

6.1.          Chassis or frame and attachments

6.1.1.    General condition || a)             Slight fracture or deformation of any side or cross member. Serious fracture or deformation of any side or cross member. || || X || X

b)             Insecurity of strengthening plates or fastenings (< 50%). Loose fastenings (>50%); insufficient strength of parts || || X || X

c)             Excessive corrosion which affects the rigidity of the assembly. insufficient strength of parts || || X || X

6.1.2.    Exhaust pipes and silencers || (a)            Insecure or leaking exhaust system. || || X ||

(b)            Fumes entering cab or passengers compartment. Danger to health of persons on board || || X || X

6.1.3.    Fuel tank and pipes (including heating fuel tank and pipes) || (a)            Insecure tank or pipes. Risk of fire || || X || X

(b)           Leaking fuel or missing or ineffective filler cap. Risk of fire; excessive loss of hazardous material || || X || X

(c)           chafed pipes. Damaged pipes || X || X ||

(d)           Fuel stopcock (if required) not operating correctly. || || X ||

(e)           Fire risk due to – leaking fuel – fuel tank or exhaust improperly shielded – engine compartment condition || || || X

(f)            LPG/CNG or hydrogen system not in accordance with requirements(1). Any part of the system defective || || X || X

6.1.4.    Bumpers, lateral protection and rear under-run devices || (a)            Looseness or damage likely to cause injury. Parts likely to fall off; functionality heavily affected || || X || X

(b)            Device obviously not in compliance with the requirements. 1/ || || X ||

6.1.5.    Spare wheel carrier (if fitted) || (a)            Carrier fractured or insecure. || || X ||

(b)            A spare wheel not securely fixed in carrier, likely to fall off. || || X || X

6.1.6.    Coupling mechanisms and towing equipment  + (E) || (a)              Component damaged, defective or cracked (if not in use). Component damaged, defective or cracked (if in use) || || X || X

(b)              Excessive wear in a component. Below wear limit || || X || X

(c)              Attachment defective. Any attachment loose || || X || X

(d)              Any safety device missing or not operating correctly. || || X ||

(e)           Any indicator not working. || || X ||

(f)            Inappropriate repair or modification. (secondary parts) Inappropriate repair or modification (primary parts) || || X || X

6.1.7.    Transmission || (a)           Loose or missing securing bolts.(<30%) Loose or missing securing bolts.(>30%) || || X || X

(b)           Excessive wear in transmission shaft bearings. Likeliness of loosening or cracking || || X || X

(c)           Excessive wear in universal joints. Likeliness of loosening or cracking || || X || X

(d)           Deteriorated flexible couplings. Likeliness of loosening or cracking || || X || X

(e)           A damaged or bent shaft. || || X ||

(f)            Bearing housing fractured or insecure. Likeliness of loosening or cracking || || X || X

(g)           Dust cover severely deteriorated. Dust cover missing or fractured || X || X ||

(h)           Illegal power-train modification || || X ||

6.1.8. Engine mountings || Deteriorated mountings, loose or fractured mountings. || || X || X

6.1.9. Engine performance || (a)            Control unit illegal modified || || X ||

(b)            illegal engine and or power train modification || || X ||

6.2.          Cab and bodywork

6.2.1. Condition || (a)           A loose or damaged panel or part likely to cause injury. Likely to fall off || || X || X

(b)           Insecure body pillar. Stability impaired || || X || X

(c)           Permitting entry of engine or exhaust fumes. Danger to health of persons on board || || X || X

(d)           Inappropriate repair or modification. Insufficient clearance to rotating or moving parts and road || || X || X

6.2.2. Mounting || (a)           Body or cab insecure. Stability affected || || X || X

(b)           Body/cab obviously not located squarely on chassis. || || X ||

(c)           Insecure or missing fixing of body/cab to chassis or cross members.(< 50 % and if symmetrical) Insecure or missing fixing of body/cab to chassis or cross members.(> 50 %) || || X || X

(d)           Excessive corrosion at fixing points on integral bodies. Stability affected || || X || X

6.2.3.    Doors and door catches || (a)            A door will not open or close properly. || || X ||

(b)            A door likely to open inadvertently or one that will not remain closed. || || || X

(c)           Door, hinges, catches or pillar deteriorated. Door, hinges, catches or pillar missing or loose. || X || X ||

6.2.4.    Floor || Floor insecure or badly deteriorated. Insufficient stability || || X || X

6.2.5.    Driver’s seat || (a)           Seat with defective structure. A loose seat or || || X || X

(b)           Adjustment mechanism not functioning correctly. Seat moving or backrest not fixable || || X || X

6.2.6.    Other seats || (a)           Seats in defective condition or insecure.(secondary parts) Seats in defective condition or insecure (main parts). || X || X ||

(b)           Seats fitted not in accordance with requirements(1).. Permitted number of seats exceeded; positioning not in compliance with approval || X || X ||

6.2.7.    Driving controls || Any control necessary for the safe operation of the vehicle not functioning correctly Safe operation affected || || X || X

6.2.8.    Cab steps || (a)           Step or step ring insecure. Insufficient stability || X || X ||

(b)           Step or ring in a condition likely to cause injury to users. || || X ||

6.2.9.   Other interior and exterior fittings and equipment || (a)           Attachment of other fitting or equipment defective. || || X ||

(b)           Other fitting or equipment not in accordance with the requirements(1).. Parts fitted likely to cause injuries; save operation affected || X || X ||

(c)           Leaking hydraulic equipment Extensive loss of hazardous material || X || X ||

6.2.10. Mud-guards (wings), spray suppression devices || (a)           Missing, loose or badly corroded. Likely to cause injuries; likely to fall off || X || X ||

(b)           Insufficient clearance to road wheel (spray suppression). Insufficient clearance to road wheel.(mudguards) || X || X ||

(c)           Not in accordance with the requirements(1).. Insufficient coverage of tyre-band || X || X ||

7.             OTHER EQUIPMENT

7.1.          Safety-belts/buckles and restraint systems

7.1.1. Security of safety-belts/buckles mountings || (a)            Anchorage point badly deteriorated. Stability affected and if seat occupied || || X || X

(b)            Anchorage point loose If seat occupied || || X || X

7.1.2. Condition of safety-belts/buckles || (a)            Mandatory safety-belt missing or not fitted. || || X ||

(b)            Safety-belt damaged. Any cut or sign of overstretching || X || X ||

(c)            Safety-belt not in accordance with the requirements. 1/ || || X ||

(d)            Safety-belt buckle damaged or not functioning correctly. || || X ||

(e)            Safety-belt retractor damaged or not functioning correctly. || || X ||

7.1.3. Safety belt Load limiter (X) 6/ || Existence or inexistence of load limiter not suitable with the vehicle || || X ||

7.1.4. Safety belt Pre-tensioners (X)6/ || Existence or inexistence of pre-tensioner not suitable with the vehicle || || X ||

7.1.5. Airbag (X) 6/ || (a)           Existence or inexistence of airbags not suitable with the vehicle. || || X ||

(b)           Airbag obviously non operative || || X ||

7.1.6. SRS Systems (X) 6/ || SRS MIL indicates any kind of failure of the system || || X ||

7.2.   Fire extinguisher if required (X) 6/ || (a)            Missing. || || X ||

(b)            Not in accordance with the requirements. 1/ If required (e.g. Taxi, busses, coaches, etc) || X || X ||

7.3.   Locks and anti-theft device || (a)            Device not functioning to prevent vehicle being driven. || X || ||

(b)            defective or inadvertently locking or blocking inadvertently locking or blocking || || X || X

7.4.   Warning triangle (if required) (X) 6/ || (a)            Missing or incomplete. || X || ||

(b)            Not in accordance with the requirements. 1/ || X || ||

7.5.   First aid kit. (if required) (X) 6/ || Missing, incomplete or not in accordance with the requirements. 1/ || X || ||

7.6.   Wheel chocks (wedges) (if required) (X) 6/ || Missing or not in good condition. Insufficient stability or dimension || X || X ||

7.7.   Audible warning device || (a)            Not properly working. Not working at all || X || X ||

(b)            Control insecure. || X || ||

(c)            Not in accordance with the requirements. 1/ Emitted sound likely to be mixed with official sirens || X || X ||

7.8.   Speedometer || (a)              Not fitted in accordance with the requirements(1).. Missing if required || X || X ||

(b)              operation impaired. Not operational at all || X || X ||

(c)              Not capable of being sufficient illuminated. Not being illuminated at all || X || X ||

7.9.   Tachograph (if fitted/ required) || (a)            Not fitted in accordance with the requirements. 1/ || || X ||

(b)            Not operational. || || X ||

(c)            Defective or missing seals. || || X ||

(d)            Calibration plaque missing, illegible or out of date. || || X ||

(e)            Obvious tampering or manipulation. || || X ||

(f)            size of tyres not compatible with calibration parameters || || X ||

7.10.  Speed limitation device (if required) + (E) || (a)            Not fitted in accordance with the requirements. 1/ || || X ||

(b)            Obviously not operational. || || X ||

(c)            Set speed too high (if checked) || || X ||

(d)            Defective or missing seals. || || X ||

(e)            Calibration plaque missing, illegible or out of date. || || X ||

(f)            size of tyres not compatible with calibration parameters || || X ||

7.11   Odometer if available/ || (a)            obviously manipulated (fraud) || || X ||

(b)            obviously inoperative || || X ||

7.12   Electronic Stability Control (ESC) when mandatory (X) 6/ || (a)            Wheel speed sensors missing or damaged || || X ||

(b)            Wirings damaged || || X ||

(c)            Other components missing or damaged || || X ||

(d)            Switch damaged or not functioning correctly || || X ||

(e)            ESC MIL indicates any kind of failure of the system || || X ||

8.          NUISANCE

8.1.       Noise

8.1.1     Noise suppression system || (a)              Noise levels in excess of those permitted in the requirements(1). || || X ||

(b)              Any part of the noise suppression system loose, likely to fall off, damaged, incorrectly fitted, missing or obviously modified in a way that would adversely affect the noise levels. Likely to fall off || || X || X

8.2.       Exhaust emissions

8.2.1     Petrol engine emissions

8.2.1.1     Exhaust emissions control equipment || (a)              Emission control equipment fitted by the manufacturer absent, modified or obviously defective. || || X ||

(b)              Leaks which would affect emission measurements || || X ||

8.2.1.2  Gaseous   emissions (E)(2) || (a)           Either, gaseous emissions exceed the specific levels given by the manufacturer; || || X ||

(b)           Or, if this information is not available, the CO emissions exceed, i)          for vehicles not controlled by an advanced emission control system, – 4.5%, or – 3.5% according to the date of first registration or use specified in requirements(1). ii)          for vehicles controlled by an advanced emission control system, – at engine idle: 0.5% – at high idle: 0.3% or – at engine idle: 0.3%[14] – at high idle: 0.2% according to the date of first registration or use specified in requirements(1). || || X ||

(c)           Lambda outside the range 1± 0.03 or not in accordance with the manufacturer’s specification || || X ||

(d)           OBD readout indicating significant malfunction || || X ||

(e)           Remote sensing measurement showing significant non-compliance || || X ||

8.2.2        Diesel engine emissions

8.2.2.1 Exhaust emission control equipment || (a)           Emission control equipment fitted by the manufacturer absent or obviously defective || || X ||

(b)           Leaks which would affect emission measurements || || X ||

8.2.2.2  Opacity (E)(2) Vehicles registered or put into service before 1 January 1980 are exempted from this requirement || (a)           For vehicles registered or put into service for the first time after the date specified in requirements(1)., opacity exceeds the level recorded on the manufacturer’s plate on the vehicle; || || X ||

(b)           Where this information is not available or requirements(1). do not allow the use of reference values, for naturally aspirated engines: 2.5 m-1 , for turbo-charged engines: 3.0 m-1, or, for vehicles identified in requirements(1). or first registered or put into service for the first time after the date specified in requirements(1)., 1.5 m-1.[15] || || X ||

(c)           Remote sensing measurement showing significant non-compliance || || X ||

8.4        Other items related to the environment

8.4.1 Fluid leaks || Any excessive fluid leak likely to harm the environment or to pose a safety risk to other road users formation of drops Steady dropping down of harmful fluid || || X || X

NOTES :

‘requirements’ are laid down by type-approval requirements at the date of approval, first registration or first entry into service as well as retrofitting obligations or national legislation in the country of registration.

(E) For testing of this item equipment is required.

ANNEX IV Inspection of the securing of cargo

1.         Classification of deficiencies

Deficiencies shall be classified into one of the deficiency groups:

– Minor deficiency: A minor deficiency exists when the load has been properly secured but formal prescriptions in accordance with normative specifications have not been satisfied.

– Major deficiency: A major deficiency exists when the load has not been sufficiently secured and a significant shifting or overturning of the load or parts thereof is possible under forces occurring in normal transport operations. For transports with serious deficiencies the vehicle must be immobilized, and the driver and the holder of the registration are obliged to rectify these deficiencies immediately before continuing their driving.

– Dangerous deficiency: A dangerous deficiency exists when traffic safety is directly endangered due to loss of cargo or parts thereof or a hazard deriving directly from the cargo or an immediate endangering of persons under forces occurring in normal transport operations.

When several deficiencies are present, the transport is classified in accordance with the highest deficiency group. If, in the event that there are several deficiencies, as the effects based on the combination of these deficiencies are expected to reinforce one another, the transport shall be classified in the next higher deficiency level.

2.         Methods of inspection

The method of inspection is a visual assessment of the proper use of appropriate measures in necessary amount to secure cargo in a vehicle adapted for that so that during all kinds of operation of the vehicle, including emergency braking or emergency turns or uphill starting manoeuvres:

– loads can only minimally change their position relative to each other, against walls or surfaces of the vehicle,

– secured load cannot leave the cargo space, move outside of the loading surface, interfere with safe driving, pose a threat to life, health, property or the environment.

3.         Assessment of deficiencies

Table 1 provides the rules to apply during a cargo securing inspection to determine whether the condition of the transport is acceptable.

In case of a transport falling within the scope of Directive 95/50/EC[16] on uniform procedures for checks on the transport of dangerous goods by road, more specific requirements may apply.

Table 1

Item || Deficiencies || Deficiencies assessment

|| Minor || Major || Dangerous

10 || Suitability of the vehicle || || || ||

|| || || || ||

10.1 || Front wall (if used for the securing of cargo) || || || ||

10.1.1 || Part-weakening rust damage or deformations, Part cracked || || x || x ||

10.1.2 || Insufficient strength (certificate) Insufficient height, || || x || x ||

|| || || || ||

10.2. || Board walls (if used for the securing of cargo) || || || ||

10.2.1. || Part-weakening rust damage, deformations, insufficient condition of hinges or catches Part cracked; hinges or catches missing or inoperative || || x || x ||

10.2.2. || Stayer insufficient strength (certificate) Insufficient height, || || x || x ||

10.2.3. || Board wall planks, insufficient condition Part cracked || || x || x ||

|| || || || ||

10.3. || Rear wall (if used for the securing of cargo) || || || ||

10.3.1. || Part-weakening rust damage, deformations, insufficient condition of hinges or catches Part cracked; hinges or catches missing or inoperative || || x || x ||

10.3.2. || Insufficient strength (certificate) Insufficient height, || || x || x ||

|| || || || ||

10.4. || Stanchions (if used for the securing of cargo) || || || ||

10.4.1. || Part-weakening rust damage, deformations or insufficient attachment to vehicle Part cracked; attachment to vehicle instable || || x || x ||

10.4.2. || insufficient strength or design Insufficient height, || || x || x ||

|| || || || ||

10.5. || Lashing points (if used for the securing of cargo) || || || ||

10.5.1. || insufficient condition or design not capable of bearing lashing forces || || x || x ||

10.5.2. || Insufficient number Insufficient number for bearing lashing forces || || x || x ||

|| || || || ||

10.6. || Required special structures (if used for the securing of cargo) || || || ||

10.6.1. || Insufficient condition, damaged Part cracked; not able to bear restraint forces || || x || x ||

10.6.2. || Not suitable for transported cargo missing || || x || x ||

|| || || || ||

10.7. || Floor (if used for the securing of cargo) || || || ||

10.7.1. || Insufficient condition, damaged Part cracked; not able to bear cargo || || x || x ||

10.7.2. || Insufficient load rating not able to bear cargo || || x || x ||

|| || || || ||

20 || Restraining Methods || || || ||

|| || || || ||

20.1. || Locking, blocking and direct lashing || || || ||

20.1.1 || Direct attachment of the load (Blocking) || || || ||

20.1.1.1 || Distance forward to the front wall too great less than 160 mm More than 160 mm || || x || x ||

20.1.1.2. || Lateral distance to the board wall too great less than 160 mm More than 160 mm || || x || x ||

20.1.1.3. || Distance backwards to the rear board wall too great less than 160 mm More than 160 mm || || x || x ||

|| || || || ||

20.1.2. || Securing devices such as lashing rails, blocking beams, battens and wedges to the front, to the sides and to the rear || || || ||

20.1.2.1. || Improper attachment to vehicle Insufficient attachment Not able to bear restraint forces, loose || x || x || x ||

20.1.2.2. || Securing improper Insufficient securing Completely in-effective || x || x || x ||

20.1.2.3. || Insufficient suitability of the securing equipment Securing equipment complete unsuitable || || x || x ||

20.1.2.4. || Suitability of the chosen method for securing the packaging suboptimal Chosen method complete inadequate || || x || x ||

|| || || || ||

20.1.3 || Direct securing with nets and blankets || || || ||

20.1.3.1. || Condition of the nets and blankets (Label missing/damaged but device still in good order) Load-restraint devices damaged Load-restraint devices ready to be discarded || x || x || x ||

20.1.3.2. || Insufficient strength of the nets and blankets (capability more than 60% of restraint forces) Capability less than 60% of restraint forces || || x || x ||

20.1.3.3. || Insufficient fastening of the nets and blankets Fastening less capable to bear 60% of restraint forces || || x || x ||

20.1.3.4. || Insufficient suitability of the nets and blankets for securing the cargo Completely unsuitable || || x || x ||

|| || || || ||

20.1.4. || Separation and padding of the loading units or clearance spaces || || || ||

20.1.4.1. || Suitability of the separation and padding unit Extensive separation or clearance spaces || || x || x ||

|| || || || ||

20.1.5. || Direct lashing (horizontal, transverse, diagonal, loop and spring lashings) || || || ||

20.1.5.1. || The required securing strengths inadequate (but more than 60% of required strength) Less than 60% of required strength || || x || x ||

|| || || || ||

20.2. || Friction-lock securing || || || ||

20.2.1. || Attainment of the required securing strengths || || || ||

20.2.1.1. || The required securing strengths inadequate (but more than 60% of required strength) Less than 60% of required strength || || x || x ||

|| || || || ||

20.3. || Load-restraint devices used || || || ||

20.3.1 || Suitability of the load-restraint devices Completely unsuitable device || || x || x ||

20.3.2. || Label (e.g. patch/test trailer) is missing/damaged but device still in good order Label (e.g. patch/test trailer) is missing/damaged but device shows considerable deterioration || x || x || ||

20.3.3. || Load-restraint devices damaged Load-restraint devices ready to be discarded || || x || x ||

20.3.4. || Lashing winches, incorrect used Defective lashing winches || || x || x ||

20.3.5. || Use of the load-restraint wrong (e.g. absence of edge protection) Use of the load-restraint devices defective (e.g. knots) || || x || x ||

20.3.6. || Fastening of the load-restraint devices inappropriate but still more than 60% of required strength Less than 60% of required strength || || x || x ||

|| || || || ||

20.4. || Equipment (e.g. anti-slip mats, edge protectors, edge slides) || || || ||

20.4.1. || Unsuitable equipment used Wrong or defective equipment used Equipment used completely unsuitable || x || x || x ||

|| || || || ||

20.5. || transport of bulk material, light and loose material || || || ||

20.5.1. || Bulk material blown away during operation of the vehicle on the road Likely to distract following traffic || || x || x ||

20.5.2. || Bulk materials are not adequately secured Loss of cargo || || x || x ||

20.5.3. || Absence of covering for light goods Loss of cargo || || x || x ||

|| || || || ||

20.6. || Round timber transports || || || ||

20.6.1. || Transport material (logs) is partially loose || || || x ||

20.6.2. || Securing strengths of the loading unit inadequate (more than 60 % of required strength) Less than 60% of required strength || || x || x ||

|| || || || ||

30 || Load entirely unsecured || || || x ||

ANNEX V

(front side)

Specimen technical roadside inspection report incorporating a check-list

1. Place of check ………………………………………………

2. Date ………………………………………..

3. Time ………………………………..………………

4. Vehicle nationality mark and registration number ……….…………

5. Vehicle identification / VIN number …………………..……………………

6. Category of vehicle    

(a) N1(a) (2,8 to 3,5 t) || □

(b) N2(a) (3,5 to 12 t) || □

(c) N3(a) (more than 12 t) || □

(d) O2(a) (0,75 to 3,5 t) || □

(e) O3(a) (3,5 to 10 t) || □

(f) O4(a) (more than 10 t) || □

(g) M2(a) (>9 seats(b) to 5 t) || □

(h) M3(a) (>9 seats(b) more than 5 t) || □

(i) Other vehicle category (Art.3(2)) || □

7. Odometer reading at the time of inspection

8.         Undertaking carrying out transport

(a)     Name and address ………………………………

…………………………………………………

(b)     Number of the Community licence(c) (Regulation (EC) No 1072/2009)……

9.         Driver name ……………..………………………..

10. Checklist       

|| Checked(d) || not checked || Failed(e)

(0) identification(f) || □ || □ || □

(1) braking equipment || □ || □ || □

(2) steering(f) || □ || □ || □

(3) visibility(f) || □ || □ || □

(4) lighting equipment and electric system(f) || □ || □ || □

(5) axles, wheels, tyres, suspension(f) || □ || □ || □

(6) chassis and chassis attachments(f) || □ || □ || □

(7) other equipment incl. tachograph(f) and speed limitation device || □ || □ || □

(8) nuisance incl. emissions and spillage of fuel and/or oil || □ || □ || □

(10) cargo securing || □ || □ || □

11. Result of inspection:   

Ban on using the vehicle, which has dangerous deficiencies || □

12. Miscellaneous/remarks: ……………………………

13. Authority/officer or inspector having carried out the inspection

Signature of:

Testing authority/officer or inspector || Driver

…………………………………… || ……………………………………

Notes:

(a)               Vehicle category according to Article 3.

(b)               Number of seats including the drivers seat (item S.1 of registration certificate).

(c)               If available.

(d)               "checked" means that at least one or more of the inspection items listed in ANNEX II of Regulation XX/XX/XX, of this group have been checked.

(e)               Deficiencies indicated on the rear side.

(f)               Methods for testing and assessment of defects according to Annexes II and III of Regulation XX/XX/XX.

(reverse side)

0. IDENTIFICATION OF THE VEHICLE 0.1. Registration number plates 0.2. Vehicle identification / chassis/serial number 1. BRAKING EQUIPMENT 1.1. Mechanical condition and operation 1.1.1. Service brake pedal pivot 1.1.2. Pedal condition and travel of brake operating device 1.1.3. Vacuum pump or compressor and reservoirs 1.1.4. Low pressure warning gauge or indicator 1.1.5. Hand operated brake control valve 1.1.6. Parking brake activator, lever control, parking brake ratchet 1.1.7. Braking valves (foot valves, un-loaders, governors) 1.1.8. Couplings for trailer brakes (electrical & pneumatic) 1.1.9. Energy storage reservoir pressure tank 1.1.10. Brake servo units, master cylinder (hydraulic. systems) 1.1.11. Rigid brake pipes 1.1.12. Flexible brake hoses 1.1.13. Brake linings and pads 1.1.14. Brake drums, brake discs 1.1.15. Brake cables, rods, levers, linkages 1.1.16. Brake actuators (incl. spring brakes or hydraulic cylinders) 1.1.17. Load sensing valve 1.1.18. Slack adjusters and indicators 1.1.19. Endurance braking system (where fitted or required) 1.1.20. Automatic operation of trailer brakes 1.1.21. Complete braking system 1.1.22. Test connections 1.2. Service braking performance and efficiency 1.2.1. Performance 1.2.2. Efficiency 1.3. Secondary (emergency) braking performance & efficiency 1.3.1. Performance 1.3.2. Efficiency 1.4. Parking braking performance and efficiency 1.4.1. Performance 1.4.2. Efficiency 1.5. Endurance braking system performance 1.6. Anti-lock braking system 2. STEERING 2.1. Mechanical condition 2.1.1. Steering gear condition 2.1.2. Steering gear casing attachment 2.1.3. Steering linkage condition 2.1.4. Steering linkage operation 2.1.5. Power steering 2.2. Steering wheel and column 2.2.1. Steering wheel condition 2.2.2. Steering column 2.3. Steering play 2.4. Wheel alignment 2.5. Trailer steered axle turntable 3. VISIBILITY 3.1. Field of vision 3.2. Condition of glass 3.3. Rear-view mirrors 3.4. Windscreen wipers || 3.5. Windscreen washers 3.6. Demisting system 4. LAMPS, REFLECTORS, ELECTRICAL EQUIPMENT 4.1. Headlamps 4.1.1. Condition and operation 4.1.2. Alignment 4.1.3. Switching 4.1.4. Compliance with requirements 4.1.5. Levelling devices 4.1.6. Headlamp cleaning device 4.2. Front and rear position lamps, side marker lamps and end outline marker lamps 4.2.1. Condition and operation 4.2.2. Switching 4.2.3. Compliance with requirements 4.3. Stop Lamps 4.3.1. Condition and operation 4.3.2. Switching 4.3.2. Compliance with requirements 4.4. Direction indicator and hazard warning lamps 4.4.1. Condition and operation 4.4.2. Switching 4.4.3. Compliance with requirements 4.4.4. Flashing frequency 4.5. Front and rear fog lamps 4.5.1. Condition and operation 4.5.2. Alignment 4.5.4. Switching 4.5.2. Compliance with requirements 4.6. Reversing lamps 4.6.1. Condition and operation 4.6.2. Switching 4.6.3. Compliance with requirements 4.7. Rear registration plate lamp 4.7.1. Condition and operation 4.7.2. Compliance with requirements 4.8. Retro-reflectors, conspicuity markings and rear marker plates 4.8.1. Condition 4.8.2. Compliance with requirements 4.9. Tell-tales mandatory for lighting equipment 4.9.1. Condition and operation 4.9.2. Compliance with requirements 4.10. Electrical connections between towing vehicle and trailer or semi-trailer 4.11. Electrical wiring 4.12. Non obligatory lamps and reflectors 4.13. Battery 5. AXLES, WHEELS, TYRES AND SUSPENSION 5.1. Axles 5.1.1. Axles 5.1.2. Stub axles 5.1.3. Wheel bearings 5.2. Wheels and tyres 5.2.1. Road wheel hub 5.2.2. Wheels 5.2.3. Tyres || 5.3. Suspension system 5.3.1. Springs and stabilizer 5.3.2. Shock absorbers 5.3.3. Torque tubes, radius arms, wishbones & susp. arms 5.3.4. Suspension joints 5.3.5. Air suspension 6. CHASSIS AND CHASSIS ATTACHMENTS 6.1. Chassis or frame and attachments 6.1.1. General condition 6.1.2. Exhaust pipes and silencers 6.1.3. Fuel tank and pipes (incl. heating fuel tank and pipes) 6.1.4. Bumpers, lateral protection and rear under-run devices 6.1.5. Spare wheel carrier 6.1.6. Coupling mechanisms and towing equipment 6.1.7. Transmission 6.1.8. Engine mountings 6.1.9. Engine performance 6.2. Cab and bodywork 6.2.1. Condition 6.2.2. Mounting 6.2.3. Doors and door catches 6.2.4. Floor 6.2.5. Driver’s seat 6.2.6. Other seats 6.2.7. Driving controls 6.2.8. Cab steps 6.2.9. Other interior and exterior fittings and equipment 6.2.10. Mudguards (wings), spray suppression devices 7. OTHER EQUIPMENT 7.1. Safety-belts/buckles 7.1.1. Security of mounting 7.1.2. Condition 7.1.3. Safety belt Load-limiter 7.1.4. Safety belt Pre-tensioners 7.1.5. Airbag 7.1.6. SRS Systems 7.2. Fire extinguisher 7.3. Locks and anti-theft device 7.4. Warning triangle 7.5. First aid kit. 7.6. Wheel chocks (wedges) 7.7. Audible warning device 7.8. Speedometer 7.9. Tachograph 7.10.Speed limitation device 7.11. Odometer 7.12. Electronic Stability Control (ESC) 8. NOISE 8.1 Noise suppression system 8.2. Exhaust emissions 8.2.1. Petrol engine emissions 8.2.1.1. Exhaust emission control equipment 8.2.1.2. Gaseous emissions 8.2.2. Diesel engine emissions 8.2.2.1. Exhaust emission control equipment 8.2.2.2. Opacity 8.3. Electromagnetic interference suppression 8.4. Other items related to the environment 8.4.1. Visible smoke 8.4.2. Fluid leaks

ANNEX VI

Standard Form for Reporting to the Commission

The standard form shall be drawn up in a computer-processable format and transmitted by electronic means using standard office software.

Each Member State shall produce

– one single summary table and

– for each country of registration of checked vehicles a separate detailed table containing information on checked and detected deficiencies for each vehicle class.

SUMMARY TABLE

Reporting Member State: || e.g. Belgium || || Reporting period || 2014 || to || 2015 ||

|| || || || || || || || || || || || || ||

|| || || || * Other vehicle categories: N1, M1, O1, O2, L, … ||

|| || || || || || || || || || || || || || ||

Vehicle Category: || N2 || N3 || M2 || M3 || O3 || O4 || Other* || Total

|| Number of vehicles checked || Number of prohibitions issued || Number of vehicles checked || Number of prohibitions issued || Number of vehicles checked || Number of prohibitions issued || Number of vehicles checked || Number of prohibitions issued || Number of vehicles checked || Number of prohibitions issued || Number of vehicles checked || Number of prohibitions issued || Number of vehicles checked || Number of prohibitions issued || Number of vehicles checked || Number of prohibitions issued

Austria || || || || || || || || || || || || || || || 0 || 0

Belgium || || || || || || || || || || || || || || || 0 || 0

Bulgaria || || || || || || || || || || || || || || || 0 || 0

Cyprus || || || || || || || || || || || || || || || 0 || 0

Czech Republic || || || || || || || || || || || || || || || 0 || 0

Denmark || || || || || || || || || || || || || || || 0 || 0

Ireland || || || || || || || || || || || || || || || 0 || 0

Estonia || || || || || || || || || || || || || || || 0 || 0

Finland || || || || || || || || || || || || || || || 0 || 0

France || || || || || || || || || || || || || || || 0 || 0

Germany || || || || || || || || || || || || || || || 0 || 0

Greece || || || || || || || || || || || || || || || 0 || 0

Hungary || || || || || || || || || || || || || || || 0 || 0

Italy || || || || || || || || || || || || || || || 0 || 0

Latvia || || || || || || || || || || || || || || || 0 || 0

Lithuania || || || || || || || || || || || || || || || 0 || 0

Luxemburg || || || || || || || || || || || || || || || 0 || 0

Malta || || || || || || || || || || || || || || || 0 || 0

Netherlands || || || || || || || || || || || || || || || 0 || 0

Poland || || || || || || || || || || || || || || || 0 || 0

Portugal || || || || || || || || || || || || || || || 0 || 0

Romania || || || || || || || || || || || || || || || 0 || 0

Slovakia || || || || || || || || || || || || || || || 0 || 0

Slovenia || || || || || || || || || || || || || || || 0 || 0

Spain || || || || || || || || || || || || || || || 0 || 0

Sweden || || || || || || || || || || || || || || || 0 || 0

United Kingdom || || || || || || || || || || || || || || || 0 || 0

Reporting Member State: || e.g. Belgium || || || || || || || || ||

|| Name of the reporting Member State || || || || || || || ||

Country of Registration: || e.g. Bulgaria || || || || || || || PERIOD: from || 01/2012 || to || 12/2013 ||

|| Name of the country of vehicles registration || || || || || ||

|| || || || || || * Other vehicle categories: N1, M1, O1, O2, L, … ||

|| || || || || || || || || || || || || || ||

Vehicle Category: || N2 || N3 || M2 || M3 || O3 || O4 || Other* || Total ||

|| Number of vehicles checked || Number of prohibitions issued || Number of vehicles checked || Number of prohibitions issued || Number of vehicles checked || Number of prohibitions issued || Number of vehicles checked || Number of prohibitions issued || Number of vehicles checked || Number of prohibitions issued || Number of vehicles checked || Number of prohibitions issued || Number of vehicles checked || Number of prohibitions issued || Number of vehicles checked || Number of prohibitions issued ||

||

|| || || || || || || || || || || || || || || 0 || 0 ||

Defect detail || || || || || || || || || || || || || || || || ||

|| Checked || Failed || Checked || Failed || Checked || Failed || Checked || Failed || Checked || Failed || Checked || Failed || Checked || Failed || Checked || Failed ||

(0) identification || || || || || || || || || || || || || || || 0 || 0 ||

(1) braking equipment || || || || || || || || || || || || || || || 0 || 0 ||

(2) steering || || || || || || || || || || || || || || || 0 || 0 ||

(3) visibility || || || || || || || || || || || || || || || 0 || 0 ||

(4) lighting equipment and electric system || || || || || || || || || || || || || || || 0 || 0 ||

(5) axles, wheels, tyres, suspension || || || || || || || || || || || || || || || 0 || 0 ||

(6) chassis and chassis attachments || || || || || || || || || || || || || || || 0 || 0 ||

(7) other equipment including tachograph and speed limitation devices || || || || || || || || || || || || || || || 0 || 0 ||

(8) nuisance including emissions and spillage of fuel and/or oil || || || || || || || || || || || || || || || 0 || 0 ||

(10) cargo securing || || || || || || || || || || || || || || || || ||

Defect details (additional) ||

1.1.1 || || || || || || || || || || || || || || || 0 || 0 ||

1.1.2 || || || || || || || || || || || || || || || 0 || 0 ||

... || || || || || || || || || || || || || || || 0 || 0 ||

2.1.1 || || || || || || || || || || || || || || || 0 || 0 ||

2.1.2 || || || || || || || || || || || || || || || 0 || 0 ||

... || || || || || || || || || || || || || || || 0 || 0 ||

3.1 || || || || || || || || || || || || || || || 0 || 0 ||

3.2 || || || || || || || || || || || || || || || 0 || 0 ||

... || || || || || || || || || || || || || || || 0 || 0 ||

8.1 || || || || || || || || || || || || || || || 0 || 0 ||

8.2 || || || || || || || || || || || || || || || 0 || 0 ||

Total number of failures || || 0 || || 0 || || 0 || || 0 || || 0 || || 0 || || 0 || || 0 ||

[1]               48% for vehicles not fitted with ABS or type approved before 1 October 1991.

[2]               45% for vehicles registered after 1988 or from the date specified in regulations 1/ whichever is the later.

[3]               43% for semi-trailers and draw-bar trailers registered after 1988 or from the date in regulations 1/ whichever is the later.

[4]               2.2m/s2 for N1, N2 and N3 vehicles.

[5]               Identifies items which are related to the condition of the vehicle and its suitability for use on the road but which are not considered essential even in case of a periodic inspection.

[6]               Type-approved according to limits in row A or B section 5.3.1.4. of Annex I to Directive 70/220/EEC as amended by Directive 98/69/EC or later or first registered or put into service after 1 July 2002.

[7]               Type approved according to limits in row B section 5.3.1.4. of Annex I to Directive 70/220/EEC as amended by Directive 98/69/EC or later; row B1, B2 or C section 6.2.1 of Annex I to Directive 88/77/EEC as amended by Directive 1999/96/EC or later or first registered or put into service after 1 July 2008.

[8]               Inappropriate repair or modification means a repair or modification that adversely affects the road safety of the vehicle or has a negative effect on the environment.

[9]               48% for vehicles not fitted with ABS or type approved before 1 October 1991

[10]             45% for vehicles registered after 1988 or from the date specified in requirements whichever is the later?

[11]             43% for semi-trailers and draw-bar trailers registered after 1988 or from the date in requirements whichever is the later.

[12]             2.2m/s2 for N1, N2 and N3 vehicles.

[13]             Identifies items which are related to the condition of the vehicle and its suitability for use on the road but which are not considered essential even in case of a periodic inspection.

[14]             Type-approved according to limits in row A or B section 5.3.1.4. of Annex I to Directive 70/220/EEC or later or first registered or put into service after 1 July 2002

[15]                    Type approved according to limits in row B section 5.3.1.4. of Annex I to Directive 70/220/EEC as amended by Directive 98/69/EC or later; row B1, B2 or C section 6.2.1 of Annex I to Directive 88/77/EEC

[16]             OJ L 249, 17.10.1995, p. 35.

EXPLANATORY MEMORANDUM

1.           CONTEXT OF THE PROPOSAL

· Grounds for and objectives of the proposal

The objective of the proposal is to lay down updated harmonised rules on the roadside inspection of motor vehicles and their trailers with a view to enhance road safety and environmental protection.

The proposal aims at contributing to reach the target of a reduction of road fatalities by the half until 2020 as laid down in the Policy Orientations on Road Safety 2011 - 2020[1]. It will also contribute to the reduction of emissions in road transport linked to poor maintenance of vehicles.

· General context

Before a vehicle is allowed to be put on the market, it has to fulfil all the relevant type or individual approval requirements guaranteeing an optimal level of safety and environmental standards. Every Member State has the obligation to register for the first time any vehicle that got the European type-approval on the basis of the “Certificate of Conformity” issued by the vehicle manufacturer. This registration is the official authorisation for the use on public roads and enforces the different introduction dates of different vehicles' requirements.

Following this approval, cars on the road have be regularly submitted to periodic roadworthiness tests. The aim of these tests is to ensure that cars on the road remain roadworthy, safe and do not pose any danger to the driver and other road users. Cars are therefore checked for compliance with certain requirements, such as those for safety and environmental protection, as well as for retrofitting requirements. Because of their regular and intensive use mainly for commercial purposes, vehicles used for the professional transport of goods with a laden mass above 3.5 tonnes and for the professional transport of passengers of more than 8 passengers are additionally subject to ad hoc technical roadside inspections by which their compliance with environmental and technical requirements is verified at anytime and anywhere in the EU.

During a vehicle's lifetime it may be subject to re-registration, due to a change of ownership, or a transfer to another Member State for permanent use. Provisions on a vehicle registration procedure should be similarly introduced to ensure that vehicles which constitute an immediate risk to road safety are not used on roads. The main objective of technical roadside inspections is to ensure that in the intervals between periodic roadworthiness tests, commercial vehicles do not pose significant risks to road safety. It also aims at the creation of a level playing field regarding the quality of maintenance of the commercial vehicles circulating within the Union by discouraging irresponsible operators from attempting to gain a competitive advantage by operating inadequately maintained vehicles.

· Existing provisions in the area of the proposal

The "Roadworthiness Package" will carry over the existing requirements laid down in the existing legislative framework related to the roadworthiness regime, which covers roadworthiness tests[2], roadside inspections[3] and rules on the registration of vehicles[4].

Compared to the existing legislation on roadside inspections, the main objective of the proposal is to provide for a risk-rating system aimed at focusing inspections on vehicles operated by undertaking with poor safety records, thus rewarding vehicles operated by undertakings which are safety and environment minded. The proposal also lays down new requirements on several issues related to the standard and quality of testing, namely test equipment, skills and training of testing personnel and supervision of the testing system.

· Consistency with the other policies and objectives of the Union

The proposal is consistent with the EU objective to make roads safer as outlined in the White Paper on Transport[5] and aims at implementing the specific strategy related to safer vehicles within the Road Safety Policy Orientations 2011-2020.

Furthermore, as far as the environmental aspects of the proposal are concerned, the foreseen requirements contribute to reduce CO2 emissions and other air pollutants from motor vehicles following the European Strategy on clean and energy efficient vehicles as well as the integrated energy and climate change policy the so-called "20-20-20 strategy" and to contribute to achieve the air quality objectives set out in Directive 2008/50/EC[6]

2.           RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS

· Consultation of interested parties

Consultation methods

In developing the proposal the Commission has consulted stakeholders in a number of ways:

– There was a general internet consultation, covering all aspects of the proposal.

– Experts and stakeholders have been consulted within workshops.

– A study on future options for roadworthiness and roadside enforcement in the European Union has been carried out to identify possible measures and to elaborate a cost benefit analysis tool related to the effects of roadworthiness testing and roadside inspections.

Summary of responses and how they have been taken into account

During the internet consultation, several issues were raised by stakeholders. The impact assessment that accompanies this proposal provides a full account of the substantive issues raised and indicates how they have been taken into consideration.

An open consultation was conducted over the internet from 29 July 2010 to 24 September 2010.The Commission received 9,653 responses from citizens, Member State authorities, equipment suppliers, test centres, garage associations and vehicle manufacturers.

The results are available on http://ec.europa.eu/transport/road_safety/take-part/public-consultations/pti_en.htm.

· Collection and use of expertise

Scientific/expertise domains concerned

The proposal required the assessment of different policy options as well as the associated economic, societal and environmental impacts.

Methodology used

A study on the impacts of the different policy options has been performed by an external consultant (Europe Economics) using several scientific and evaluation reports, notably as sources of models and data for the monetization of the costs and benefits of the different policy options. Most extensively used studies include the following:

– The Report from the Commission to the Council and the European Parliament on the application by the Member States of Directive 2000/30/EC of the European Parliament and of the Council of 6 June 2000 on the technical roadside inspections of the roadworthiness of commercial vehicles circulating in the community - Reporting periods 2005–2006 and 2007–2008[7],

– AUTOFORE (2007),

– "MOT Scheme Evidence-base" Department of Transport (UK, 2008),

– DEKRA Road Safety Report 2008 – Strategies for preventing accidents on Europe's roads,

– DEKRA Road Safety Report on Trucks 2009,

– DEKRA Motorcycle road safety report 2010,

– TÜV Reports 2009 / 2010.

Means used to make the expert advice publicly available

All completed and approved research reports are or will be made available on the DG Mobility and Transport website.

· Impact assessment

For the main aspects of the proposal the following options were considered:

(a) The 'No policy change' approach provides the reference case against which the effects of other policy options are compared. Within this option, the present EU legal framework for would be maintained.

(b) The "Soft law approach" would consist in a better implementation and better monitoring of the application of existing legislation. This option would not introduce new legislation, but there would be new and increased efforts by the Commission to improve the standards of testing and enforcement, as well as actions to incentivise the exchange of data.

(c) The "Legislative approach" would be based on two components.

– In order to meet the specific objective to enhance the safety of vehicles on the road, the first component is to revise upwards the minimum EU standards for periodic roadworthiness tests (PTI) and unexpected roadside inspections (RSI) and define mandatory standards. This is essential to avoid that gaps in the system reduce the effectiveness of roadworthiness enforcement as a whole.

– In order to meet the specific objective of making the necessary data for and from roadworthiness testing available, a second component of the overall regime would include, in a second phase, the possible establishment of an EU harmonised data exchange system linking the existing databases with a view to improve the efficiency of the implementation of the EU roadworthiness package.

In several Member States a high number of private authorised test centres carry out roadworthiness tests. In order to ensure a coherent approach, certain common procedures such as minimum time limits and the nature of the information to be forwarded, should be specified in the legislation

However, the impact assessment has shown the benefits of a combination of a soft-law approach with a regulatory approach. Therefore, the soft-law measures previously envisaged by the impact assessment have been integrated into the legislative texts.

3.           LEGAL ELEMENTS OF THE PROPOSAL

· Summary of the proposed action

Light commercial vehicles and their trailers will be included into the scope of roadside test activities as this group of vehicles does not follow the downward trend in road fatalities. Other commercially used light vehicles such as taxis or ambulances, which are already subject to annual roadworthiness tests, shall not be the main target of roadside inspections taking into consideration that these vehicles show the lowest fatality rates.

To better distribute the roadside inspections by Member States a percentage of the number of registered commercial vehicles shall be inspected every year. The envisaged percentage will in total not exceed the number of roadworthiness tests already performed in the Union.

The selection of vehicles shall be based on the risk profile of the operators and target on high risk undertakings to reduce the burden on such operators that maintain their vehicles in a proper way. With the current provisions following Directive 2000/30/EC and as shown in the Commission's report on its implementation[8] a high number of vehicles are stopped for roadside inspections where no defects are found. The impact assessment showed that with a risk rated approach for technical roadside inspections some 2.3 Mio checks of well-maintained vehicles could be avoided, with a potential to save € 80.4 Mio for the transport operators. The company profiling shall be based on the results of previous roadworthiness tests and roadside inspections similar to the system that has been introduced by Directive 2006/22/EC[9] in the area of driving- and resting-time enforcement.

More elaborated roadside inspections shall be performed using testing equipment either by mobile inspection units or at test centres in close vicinity. The securing of cargo should be included in the roadside checks. Deficiencies detected shall be assessed according to harmonised rules related to their risk.

The level of knowledge and skills of inspectors performing roadside inspectors shall meet at least the level of those conducting roadworthiness tests.

Cooperation between Member State enforcement authorities should be further promoted through concerted checks, joint training initiatives, the electronic exchange of information, and the exchange of intelligence and experience. Member States shall closely cooperate and organise regularly concerted inspection activities where each Member State acts on its own territory focusing on the selected target of the concerted action, such as the condition of tyres or securing of cargo.

Cooperation and exchange of information between Member States and with the Commission will be performed more efficient via designated points of contact in the Member States.

The reporting to the Commission will be performed by using standardised reporting forms.

The Commission shall be empowered to update the annexes to technical progress via delegated acts and to maintain the certificates and reporting forms in close cooperation with Member States via implementing acts including inter alia alternative test procedures based upon modern emission after-treatment systems for checking the in use NOx and particulate emissions conformity which are still under development.

· Legal basis

The legal basis of the proposal is Article 91 of the Treaty on the Functioning of the European Union.

· Subsidiarity principle

The subsidiarity principle applies insofar as the proposal does not fall under the exclusive competence of the Union.

The objectives of the proposal cannot be sufficiently achieved by the Member States for the following reason: the technical requirements for roadside inspections have been set on a minimum level at Union level and their implementation by Member States has led to a high diversity in the requirements throughout the Union with negative impacts both on road safety but also on the internal market.

The proposal therefore complies with the subsidiarity principle.

· Proportionality principle

The proposal complies with the proportionality principle for the following reasons.

As showed in the impact assessment, the proposal complies with the proportionality principle because it does not go beyond what is necessary in order to achieve the objectives related to the increase of road safety and environmental protection by increasing the quality and strengthening of roadside inspections and creating the appropriate framework for a seamless flow of information.

· Choice of instrument

Proposed instruments: Regulation.

The use of a Regulation is considered to be appropriate in providing the required assurance of compliance whilst not requiring the transposition into Member States legislation.

4.           BUDGETARY IMPLICATION

The proposal has no implication on the Union budget.

5.           OPTIONAL ELEMENTS [where necessary]

· Repeal of existing legislation

The adoption of the proposal will lead to the repeal of existing legislation.

· European Economic Area

The proposed act concerns an EEA matter and should therefore extend to the European Economic Area.

2012/0186 (COD)

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on the technical roadside inspection of the roadworthiness of commercial vehicles circulating in the Union and repealing Directive 2000/30/EC

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91 thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national Parliaments,

Having regard to the opinion of the European Economic and Social Committee[10],

Having regard to the opinion of the Committee of the Regions[11],

Acting in accordance with the ordinary legislative procedure,

Whereas:

(1)       In its White Paper of 28 March 2011 ‘Roadmap to a Single European Transport Area – Towards a competitive and resource efficient transport system’[12] the Commission set out a 'vision zero' objective in which the Union should by 2050, move close to zero fatalities in road transport. To reach this objective, vehicle technology is expected to contribute a great deal to the improvement of the safety record of road transport.

(2)       The Commission, in its Communication on 'Towards a European road safety area: policy orientations on road safety for 2011-2020'[13], proposed to further halve the overall number of road fatalities in the Union by 2020, starting from 2010. With a view to reach this goal, the Commission defined seven strategic objectives, including actions for safer vehicles, a strategy to reduce the number of injuries and the improvement of the safety of vulnerable road users, in particular motorcyclists.

(3)       Roadworthiness testing is a part of a wider regime ensuring that vehicles are kept in a safe and environmentally acceptable condition during their use. This regime should cover periodic roadworthiness tests for all vehicles and roadside technical inspection for vehicles used for commercial road transport activities as well as provisions on a vehicle registration procedure to ensure that vehicles which constitute an immediate risk to road safety are not used on roads.

(4)       A number of technical standards and requirements on vehicle safety have been adopted within the Union. It is however necessary to ensure, through a regime of unexpected roadside inspections, that after being placed on the market, vehicles continue to meet safety standards throughout their lifetime.

(5)       Technical roadside inspections, as established by Directive 2000/30/EC of the European Parliament and of the Council of 6 June 2000 on the technical roadside inspection of the roadworthiness of commercial vehicles circulating in the Community[14], are a crucial element to achieve a continuous high level of roadworthiness of commercial vehicles throughout their use. Such inspections contribute not only to road safety and a reduction of vehicle emissions but also to avoid unfair competition in road transport due to acceptance of different inspection levels between the Member States.

(6)       The roadside inspections should be implemented via a risk rating system. The Member States may use the risk rating system established in accordance with Article 9 of Directive 2006/22/EC of the European Parliament and the Council of 15 March 206 on minimum conditions for the implementation of Council Regulation (EEC) No 3820/85 and (EEC) No 3821/85 concerning social legislation relating to road transport activities and repealing Council Directive 88/599/EEC[15].

(7)       This Regulation should apply to commercial vehicles with a design speed exceeding 25 km/h of the categories defined in Directive 2007/46/EC of the European Parliament and the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles[16]. It should however not prevent the Member States from carrying out roadside inspections on vehicles not covered by this Regulation or to check other aspects of road transport, in particular those related to driving and resting time, or the transport of dangerous goods.

(8)       Reports on the implementation of Directive 2000/30/EC[17] clearly show the importance of technical roadside inspections. During the period 2007-2008, nearly 300 000 vehicles subject to roadside inspections throughout the Union have been reported to be in such a bad condition that they had to be immobilized. Those reports also show very significant differences between the results of inspection carried out by Member States. During the period 2007-2008, differences in percentage of certain deficiencies ranged from 0.6% to 41.4% between neighbouring countries. Finally, those reports emphasize the important differences in the number of performed roadside inspections between Member States. To reach a more balanced approach, Member States should commit to carry out a minimum number of inspections, proportional to the number of commercial vehicles registered at their territory.

(9)       Vans and their trailers are being used more frequently in road transport. These vehicles are not covered by certain requirements such as the requirements of training for professional drivers or the installation of speed limitation devices ending up in a relatively high number of road accidents involving such vehicles. Vans and their trailers should therefore be included into the scope of roadside inspections.

(10)     With a view to avoid unnecessary administrative burden and costs and to improve the efficiency of inspections, vehicles operated by undertakings not complying with road safety and environmental standards should be selected as a priority, while vehicles operated by responsible and safety-minded operators and properly maintained should be rewarded with less frequent inspections.

(11)     Technical roadside inspections of the roadworthiness should consist of initial and, where necessary, more detailed inspections. In both cases they should cover all relevant parts and systems of vehicles. To achieve a more harmonised testing, for all of the possible test items, test methods and examples of deficiencies and their assessment according to their severity should be introduced.

(12)     Reports of technical roadside inspections are in several Member States elaborated by electronic means. In such cases a print out of the inspection report should be handed over to the driver. All the data and information gathered during roadside inspections should be transferred to a common repository of the Member State in order that the data can be easier processed and information transfer can be performed without additional administrative burden.

(13)     The use of mobile inspection units reduces the delay and costs for operators as more detailed inspections can be performed directly at the roadside. Testing centres may also be used in certain circumstances to carry out more detailed inspections.

(14)     Personnel performing more detailed roadside inspections should have at least the same skills and fulfil the same requirements as those performing roadworthiness tests in accordance with Regulation (EU) No XX/XX/XX of the European parliament and of the Council of [date] on roadworthiness tests for motor vehicles and their trailers and repealing Directive 2009/40/EC[18].

(15)     Cooperation and exchange of best practices between Member States is crucial to achieve a more harmonised system of technical roadside inspections throughout the Union. Therefore Member States should work more closely together also during operational activities. This cooperation should also include the periodical organisation of concerted roadside inspections.

(16)     In order to ensure the efficient exchange of information between Member States, there should be within each Member State a single body acting as contact point for liaising with other relevant competent authorities. That body should also compile relevant statistics. Furthermore, Member States should apply a coherent national enforcement strategy on their territory and may designate a single body to coordinate its implementation. The competent authorities in each Member State should designate procedures setting out time limits and the contents of the information to be forwarded.

(17)     In order to allow a monitoring of the roadside inspection regime implemented in the Union Member States should communicate on a biannual basis to the Commission the results of the roadside inspections performed. The Commission should report the data collected to the European Parliament.

(18)     Member States should lay down rules on penalties applicable to infringements of the provisions of this Regulation and ensure that they are implemented. Those penalties should be effective, proportionate, dissuasive and non-discriminatory.

(19)     In order to supplement this Regulation with further technical details, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission with a view to take into account, when appropriate, evolution of the EC type-approval legislation in relation to vehicle categories, as well as the need to update the Annexes in the light of technical progress. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.

(20)     In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission. The implementing powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers[19].

(21)     Since the objective of this Regulation, namely to lay down minimum common requirements and harmonised rules concerning the conduct of roadside inspections of vehicles circulating within the Union, cannot be sufficiently achieved by the Member States and can therefore be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.

(22)     This Regulation respects fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union as referred to in Article 6 of the Treaty on European Union.

(23)     This Regulation enlarges the scope of Directive 2000/30/EC and updates its technical requirements updating. Therefore this Directive should be repealed, In addition, this Regulation integrates the rules contained in the Commission Recommendation 2010/379/EU of 5 July 2010 on the risk assessment of deficiencies detected during technical roadside inspections (of commercial vehicles) in accordance with Directive 2000/30/EC of the European Parliament and of the Council[20].

HAVE ADOPTED THIS REGULATION:

CHAPTER I

SUBJECT MATTER, DEFINITIONS AND SCOPE

Article 1 Subject matter

This Regulation establishes a regime of roadside inspections of commercial vehicles circulating within the territory of the Member States.

Article 2 Scope

1.           This Regulation shall apply to commercial vehicles with a design speed exceeding 25 km/h of the following categories, as defined in Directive 2007/46/EC of the European Parliament and the Council:

– motor vehicles used for the carriage of passengers and with more than eight seats, excluding the driver’s seat – vehicle category M2 and M3,

– motor vehicles having at least four wheels, normally used for the road carriage of goods and with a maximum permissible mass not exceeding 3 500 kg – vehicle category N1,

– motor vehicles used for the carriage of goods and having a maximum permissible mass exceeding 3 500kg - vehicle categories N2 and N3,

– trailers and semi-trailers with a maximum permissible mass not exceeding 3 500 kg – vehicle categories O1 and O2,

– trailers and semi-trailers with a maximum permissible mass exceeding 3 500 kg – vehicle categories O3 and O4.

2.           This Regulation does not affect the right of Member States to carry out roadside inspections on vehicles not covered by this Regulation.

Article 3 Definitions

For the purposes of this Regulation, the following definitions shall apply:

1)           ‘vehicle’ means any not rail-borne motor vehicle or its trailer or semi-trailer;

(2)          ‘motor vehicle’ means any power-driven vehicle on wheels which is moved by its own means with a maximum design speed exceeding 25 km/h;

(3)          ‘trailer’ means any non-self propelled vehicle on wheels which is designed and constructed to be towed by a motor vehicle;

(4)          ‘semi-trailer’ means any trailer designed to be coupled to a motor vehicle in such a way that part of it rests on the motor vehicle and that a substantial part of its mass and the mass of its load is borne by the motor vehicle;

(5)          'cargo' means all objects that are placed in or on a vehicle and are not permanently fixed to the vehicle, including objects within load carriers such as swap bodies or containers on vehicles;

(6)          'commercial vehicle' means a motor vehicle and its trailer intended for the transport of goods or passengers for professional purposes;

(7)          ‘vehicle registered in a Member State' means a vehicle which is registered or entered into service in a Member State;

(8)          'holder of a registration certificate' means the person in whose name the vehicle is registered;

(9)          'roadside inspection’ means an unexpected inspection of the roadworthiness of a commercial vehicle circulating on roads open to public traffic within the territory of a Member State carried out by the authorities, or under their direct supervision;

(10)        'roadworthiness test’ means a verification that the parts and components of a vehicle comply with its safety and environmental characteristics at the time of approval, first registration or entry into service, or at the time of retrofitting;

(11)        ‘competent authority’ means an authority or public body responsible for managing the national system of roadside inspections.

(12)        'inspector' means a person authorised by a Member State to carry out roadside inspections;

(13)        'deficiencies' mean technical defects and other non-compliances found during a roadside inspection.

(14)        ‘concerted roadside inspection’ means a roadside inspection organised simultaneously by two or more Member States;

CHAPTER II

ROADSIDE INSPECTION SYSTEM AND GENERAL OBLIGATIONS

Article 4

Roadside inspection system

The roadside inspection system shall include initial roadside inspections as referred to in Article 9 and more detailed roadside inspections as referred to in Article 10(1).

Article 5

Percentage of vehicles to be inspected

Each Member State shall carry out in every calendar year a total number of initial roadside inspections , corresponding to at least 5% of the total number of vehicles referred to in Article 3(1) that are registered in its territory .

Article 6 Roadside inspections risk rating system

1.           A roadside inspections risk rating system based on the number and severity of deficiencies found on vehicles operated by individual undertakings shall be introduced at national level. The risk rating system shall be operated by the competent authority of the Member State.

2.           A risk profile shall be attributed to each undertaking identified in the roadside inspections risk rating system using the criteria set out in Annex I.

Undertakings shall be classified according to the following risk profile:

– high risk,

– medium risk,

– low risk.

3.           With a view to implement the roadside inspections risk rating system, Member States may use the risk rating system established in accordance with Article 9 of Directive 2006/22/EC of the European Parliament and the Council.

Article 7 Responsibilities

1.           Drivers of a vehicle registered in a Member State shall keep on board the roadworthiness certificate corresponding to the latest roadworthiness test and the report of the last roadside inspection, when they are available.

2.           The driver of a vehicle subject to a roadside inspection shall cooperate with the inspectors and provide access to the vehicle and its parts for the purposes of the inspection.

3.           Individual undertakings shall ensure that the vehicles which they operate are in a good roadworthy condition at all times.

Article 8 Inspectors

1.           The inspectors shall refrain from any discrimination on grounds of the nationality of the driver, or of the country of registration or entry into service of the vehicle when they select the vehicle for a roadside inspection and they carry out the inspection.

2.           The inspector who has performed a roadworthiness test of a vehicle shall not be involved in the subsequent conduct of a roadside inspection of the same vehicle.

3.           The inspector shall be impartial and free of any conflict of interest, in particular as regards economic, personal or family links with the driver, the operator or the holder of the registration certificate of the vehicle inspected.

4.           Inspectors shall in no way be rewarded for the number or the results of roadside inspections performed.

CHAPTER III

INSPECTION PROCEDURES

Article 9

Selection of vehicles for initial roadside inspection

When identifying vehicles to be subject to a roadside inspection, inspectors shall select as a priority vehicles operated by undertakings with a high-risk profile as referred to in Article 6(2). Other vehicles may be selected for inspection when there is a suspicion that the vehicle presents a risk to road safety.

Article 10 The contents and methods of the roadside inspections

1.           Vehicles selected for a roadside inspection in accordance with Article 9 shall be subject to an initial roadside inspection.

On each initial roadside inspection of a vehicle, the inspector shall:

(a)     check the roadworthiness certificate and roadside inspection report, where available, kept on board in accordance with Article 7(1);

(b)     carry out a visual assessment of the condition of the vehicle and of its cargo .

If a deficiency or deficiencies were indicated in the previous roadside inspection report, the inspector shall verify whether this deficiency or these deficiencies have been rectified.

2.           On the basis of the outcome of the initial inspection, the inspector may decide that the vehicle or its trailer should be subject to a more detailed roadside inspection.

              A more detailed roadside inspection shall include at least the following areas:

– braking equipment,

– steering,

– axles, wheels tyres and suspension.

– nuisance.

The inspection of each of these areas shall cover one, several or all of the items listed in Annex II and relevant to these areas.

In addition, the inspector may check other areas of inspection listed in Annex II point 1 and covering one, several or all of the items listed in this Annex.

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 month, the inspector shall not check this item, except where justified on the grounds of an obvious deficiency.

4.           When carrying out a roadside inspection, the inspector shall use the inspection methods set out in Annex II.

5.           More detailed roadside inspections shall only be carried out by inspectors fulfilling the minimum competence and training requirements laid down in Article 12 and Annex VI of Regulation (EU) NO XXX/XXX of the European Parliament and of the Council of [date] on roadworthiness tests for motor vehicles and for their trailers.

Article 11 Inspection facilities

1.           A more detailed roadside inspection shall be carried out using a mobile inspection unit, or in a testing centre as referred to in Regulation (EU) NO XXX/XXX of the European Parliament and of the Council of [date] on roadworthiness tests for motor vehicles and for their trailers.

2.           Where the inspections are to be carried out in a testing centre, the place of the initial roadside inspection shall not be fixed more than 10 km away from this centre.

2.           Mobile inspection units shall include appropriate equipment for carrying out a roadside inspection, including at least the equipment necessary to assess the condition of the brakes, steering, suspension and emissions of the vehicle.

.

Article 12 Assessment of deficiencies

1.           For each item to be inspected, the inspector shall use the list of possible deficiencies and their level of severity as provided for in Annex III.

2.           When carrying out a roadside inspection, the inspector shall attribute to each deficiency detected a level of severity and classify it into one of the following groups:

– minor deficiencies having no significant effect on the safety of the vehicle and other minor non-compliances,

– major deficiencies that may prejudice the safety of the vehicle or put other road users at risk or other more significant non-compliances;

– dangerous deficiencies that constitute a direct and immediate risk to road safety such that the vehicle may not be used on the road under any circumstances.

3.           A vehicle having deficiencies falling into more than one deficiency group referred to in paragraph 2 shall be classified into the group corresponding to the most serious deficiency. A vehicle showing several deficiencies of the same group shall be classified in the next more serious group if the combined effect of those deficiencies results in a higher risk to road safety.

Article 13 Specific rules concerning the inspection of cargo securing

The inspector may subject a vehicle to an inspection of the cargo securing in accordance with Annex IV. The follow-up procedures referred to in Article 14 shall also apply in case of major or dangerous deficiencies related to cargo securing.

Article 14 Follow-up in case of major or dangerous deficiencies

1.           Any major deficiency revealed by an initial or a more detailed inspection shall be rectified without delay and in the vicinity of the inspection spot.

2.           The inspector may decide that the vehicle shall be subject to a roadworthiness test within the time limit set by him if this vehicle is registered in the Member State where the roadside inspection has been carried out.. If the vehicle is registered in another Member State, the inspector my request the competent authority of this Member State to carry out a new roadworthiness test of this vehicle following the procedure laid down in Article 18 (3).

3.           The inspector shall not authorise a vehicle classified with dangerous deficiencies, to be used until such deficiencies have been rectified on the spot of the inspection. The inspector may authorise such a vehicle to be used in order to reach the closest workshop where those deficiencies can be rectified, on the condition that the dangerous deficiencies have been fixed in such a way as to allow it to reach this workshop and that there is no immediate risk to the safety of its occupants or other road users.

              The inspector may authorise the vehicle classified with dangerous deficiencies to be brought directly to the closest location where this vehicle can be repaired or impounded.

Article 15 Inspection fees

When major or dangerous deficiencies have been found following a more detailed inspection, Member States may require the payment of a fee. The amount of the fee shall be reasonable and shall not exceed the amount of the fee required for a roadworthiness test of the same type of vehicle.

Article 16 Report of inspection and roadside inspection database

1.           On completion of a more detailed inspection, the inspector shall draw up a report in accordance with Annex V. The driver of the vehicle shall be provided with a copy of the inspection report or, in case of electronically established reports, a printout of the report.

2.           The inspector shall communicate to the competent authority the results of the more detailed roadside inspections within a reasonable time limit following these inspections. The competent authority shall keep this information for 36 months from the date of its reception. .

3.           The results of the roadside inspection shall be communicated to the registration authority of the vehicle.

CHAPTER IV

COOPERATION AND EXCHANGE OF INFORMATION

Article 17 Designation of a contact point

1          Member States shall designate a contact point which shall:

– ensure coordination with contact points designated by other Member States as regards actions taken under Article 18 ,

– forward the data referred to in Article 20 to the Commission,

– be responsible for exchange of information and assisting the competent authorities of other Member States,

2.           Member States shall forward to the Commission the names and contact details of their national contact point at the latest [one year after the entry into force of this Regulation] and inform it without delay about any changes thereof. The Commission shall draw up a list of all contact points and forward it to the Member States.

Article 18 Cooperation between Member States

1.           When major or dangerous deficiencies, in particular those resulting in a prohibition to use the vehicle, are found in a vehicle not registered in the Member State of inspection, the contact point shall inform the competent authority of the Member State of registration of the vehicle of the results of this inspection. This information shall contain the elements of the roadside inspection report as set out in Annex VI. The Commission shall adopt detailed rules concerning the procedures for the notification of vehicles with major or dangerous deficiencies to the competent authority of the Member State of registration in accordance with the examination procedure referred to in Article 23(2). .

2.           When major or dangerous deficiencies are found in a vehicle, the contact point of the Member State in which the vehicle has been inspected may ask the competent authority of the Member State in which the vehicle is registered to take appropriate follow-up action, such as submitting the vehicle to a further roadworthiness test as provided for in Article 14.

The competent authority of the Member State of registration of the vehicle shall inform the Member State of inspection of the action taken.

Article 19 Concerted roadside inspections

Member States shall, at least six times per year, undertake concerted roadside inspection activities. Member States may combine these activities with those laid down by Article 5 of Directive 2006/22/EC.

Article 20 Communication of information to the Commission

1.           Before 31 March of every second year, Member States shall communicate by electronic means to the Commission the data collected relating to the previous two calendar years and concerning the vehicles inspected, This data shall indicate :

(a)     the number of vehicles inspected;

(b)     the category of vehicles inspected in accordance with Annex V, point 6;

(c) the Member State of registration of the vehicle;

(d)     the items checked and deficiencies detected , in accordance with Annex V, point 8.

The first report shall cover the period of two years beginning on 1 January [year].

2.           The Commission shall adopt detailed rules concerning the communication referred to in paragraph 1 in accordance with the examination procedure referred to in Article 22(2). Until such rules are established, the standard reporting form set out in Annex VI shall be used.

The Commission shall report the data collected to the European Parliament.

CHAPTER V

Provisions on delegated AND IMPLEMENTING powers

Article 21 Delegated acts

The Commission shall be empowered to adopt delegated acts in accordance with Article 22 with a view:

– 1) to update Article 2(1) as appropriate in in order to take account of the changes to the vehicle categories stemming from amendments to the legislation referred to in that Article,

– to update the Annexes in the light of technical progress or in order to take account of the modification in international or Union legislation.

Article 22 Exercise of delegation

1.           The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2.           The delegation of power referred to in Article 21 shall be conferred for an indeterminate period of time [from the date of entry into force of this Regulation.]

3.           The delegation of powers referred to in Article 21 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4.           As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

5.           A delegated act adopted pursuant to Article 21 shall enter into force only if no objection has been expressed by either the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.

Article 23 Committee procedure

1.           The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2.           Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. Where the opinion of the committee is to be obtained by written procedure, that procedure shall be terminated without result when, within the time-limit for delivery of the opinion, the chair of the committee so decides or a simple majority of committee members so request.

Chapter VI

FINAL PROVISIONS

Article 24 Penalties

1.           The Member States shall lay down the rules on penalties applicable to infringements of the provisions of this Regulation and shall take all measures necessary to ensure that they are implemented. Those penalties shall be effective, proportionate, dissuasive and non-discriminatory.

2.           Rules laid down in accordance with paragraph 1 shall include penalties for failure by a driver or operator to cooperate with the inspector and to rectify deficiencies detected during an inspection.

3.           The Member States shall notify those provisions to the Commission [by one year after the date of application of this Regulation] at the latest and shall notify it without delay any subsequent amendment affecting them.

Article 25 Repeal

Directive 2000/30/EC is repealed with effect from [the date of application of this Regulation].

Article 26 Entry into force and application

The Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from [12 months after its entry into force].

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels,

For the European Parliament                       For the Council

The President                                                 The President

[1]               COM(2010)389 final.

[2]               Directive 2009/40/EC of the European Parliament and of the Council of 6 May 2009 on roadworthiness tests for motor vehicles and their trailers (OJ L 141 of 6.6.2009, p.12).

[3]               Directive 2000/30/EC of the European Parliament and of the Council of 6 June 2000 on the technical roadside inspection of the roadworthiness of commercial vehicles circulating in the Community, as amended (OJ L 203 of 10.8.2000, p.1).

[4]               Council Directive 1999/37/EC of 29 April 1999 of 29 April 1999 on the registration documents of vehicles (OJ L 138 of 1.6.1999, p.57).

[5]               COM(2011)144 final.

[6]               Directive 2008/50/EC of the European Parliament and of the Council of 21 May 2008 on ambient air quality and cleaner air for Europe (OJ L 152, 11.6.2008, p.1)

[7]               COM(2010) 754 final.

[8]               COM(2010)754

[9]               JO L 102 of 11.4.2006, p.35.

[10]               OJ C, p .

[11]               OJ C, , p .

[12]               COM(2011) 144 final.

[13]               COM (2010) 389 final.

[14]               OJ L 203, 10.8.2000, p.1.

[15]               OJ L 102, 11.4.2006, p. 35.

[16]               OJ L 263, 9.10.2007, p. 1.

[17]               COM(2010) 754 final.

[18]               OJ L [XXX]

[19]             OJ L 55, 28.2.2011, p. 13.

[20]             OJ L 173, 8.7.2010, p. 97.