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Document 02008L0096-20191216
Directive 2008/96/EC of the European Parliament and of the Council of 19 November 2008 on road infrastructure safety management
Consolidated text: Directive 2008/96/EC of the European Parliament and of the Council of 19 November 2008 on road infrastructure safety management
Directive 2008/96/EC of the European Parliament and of the Council of 19 November 2008 on road infrastructure safety management
02008L0096 — EN — 16.12.2019 — 001.001
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DIRECTIVE 2008/96/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 19 November 2008 on road infrastructure safety management (OJ L 319 29.11.2008, p. 59) |
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DIRECTIVE (EU) 2019/1936 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 23 October 2019 |
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26.11.2019 |
DIRECTIVE 2008/96/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 19 November 2008
on road infrastructure safety management
Article 1
Subject matter and scope
Member States may include in the scope of this Directive roads not referred to in paragraphs 2 and 3.
Each Member State shall notify to the Commission, by 17 December 2021, the list of motorways and primary roads on its territory and, thereafter, any subsequent changes thereto. In addition, each Member State shall notify to the Commission the list of roads exempted in accordance with this paragraph from, or included in the scope of, this Directive, and, thereafter, any subsequent changes thereto.
The Commission shall publish the list of roads notified in accordance with this Article.
Article 2
Definitions
For the purposes of this Directive, the following definitions shall apply:
‘trans-European road network’ means the road networks identified in Regulation (EU) No 1315/2013 of the European Parliament and of the Council ( 1 );
‘motorway’ means a road, specially designed and built for motor traffic, which does not serve properties bordering on it and which meets the following criteria:
it is provided, except at special points or temporarily, with separate carriageways for the two directions of traffic, separated from each other either by a dividing strip not intended for traffic or, exceptionally, by other means;
it does not cross at level with any road, railway or tramway track, bicycle path or footpath;
it is specifically designated as a motorway;
‘primary road’ means a road outside urban areas that connects major cities or regions, or both, belonging to the highest category of road below the category ‘motorway’ in the national road classification that is in place on 26 November 2019;
‘competent entity’ means any public or private organisation set up at national, regional or local level, involved in the implementation of this Directive by reason of its competences, including bodies designated as competent entities which existed before the entry into force of this Directive, in so far as they meet the requirements of this Directive;
‘road safety impact assessment’ means a strategic comparative analysis of the impact of a new road or a substantial modification to the existing network on the safety performance of the road network;
‘road safety audit’ means an independent detailed systematic and technical safety check relating to the design characteristics of a road infrastructure project and covering all stages from planning to early operation;
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‘safety rating’ means the classification of parts of the existing road network in categories according to their objectively measured in-built safety;
‘targeted road safety inspection’ means a targeted investigation to identify hazardous conditions, defects and problems that increase the risk of accidents and injuries, based on a site visit of an existing road or section of road;
‘periodic road safety inspection’ means an ordinary periodical verification of the characteristics and defects that require maintenance work for reasons of safety;
‘guidelines’ means measures adopted by Member States, which lay down the steps to be followed and the elements to be considered in applying the safety procedures set out in this Directive;
‘infrastructure project’ means a project for the construction of new road infrastructure or a substantial modification to the existing network which affects the traffic flow;
‘vulnerable road user’ means non-motorised road users, including, in particular, cyclists and pedestrians, as well as users of powered two-wheelers.
Article 3
Road safety impact assessment for infrastructure projects
Article 4
Road safety audits for infrastructure projects
Member States shall ensure that an auditor is appointed to carry out an audit of the design characteristics of an infrastructure project.
The auditor shall be appointed in accordance with the provisions of Article 9(4) and shall have the necessary competence and training provided for in Article 9. Where audits are undertaken by teams, at least one member of the team shall hold a certificate of competence as referred to in Article 9(3).
Article 5
Network-wide road safety assessment
Network-wide road safety assessments shall evaluate accident and impact severity risk, based on:
primarily, a visual examination, either on site or by electronic means, of the design characteristics of the road (in-built safety); and
an analysis of sections of the road network which have been in operation for more than three years and upon which a large number of serious accidents in proportion to the traffic flow have occurred.
Article 6
Periodic road safety inspections
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Article 6a
Follow-up of procedures for roads in operation
Article 6b
Protection of vulnerable road users
Member States shall ensure that the needs of vulnerable road users are taken into account in the implementation of the procedures set out in Articles 3 to 6a.
Article 6c
Road markings and road signs
The assessment shall take into consideration in particular the following elements:
the interaction between various driver assistance technologies and infrastructure;
the effect of the weather and atmospheric phenomena as well as traffic on road markings and road signs present on the Union territory;
the type and frequency of maintenance efforts necessary for various technologies, including an estimate of costs.
The implementing acts referred to in the first subparagraph shall be without prejudice to the competence of the European Committee for Standardization regarding standards for road markings and road signs.
Article 6d
Information and transparency
The Commission shall publish a European map of the road network within the scope of this Directive, accessible online, highlighting different categories as referred to in Article 5(6).
Article 6e
Voluntary reporting
Member States shall endeavour to establish a national system for the purpose of voluntary reporting, accessible online to all road users, to facilitate the collection of details of occurrences transmitted by road users and vehicles, and of any other safety-related information which is perceived by the reporter as an actual or potential hazard to road infrastructure safety.
Article 7
Data management
Article 8
Adoption and communication of guidelines
Article 9
Appointment and training of auditors
Member States shall ensure that auditors are appointed in compliance with the following requirements:
they have relevant experience or training in road design, road safety engineering and accident analysis;
from two years after the adoption by the Member States of the guidelines pursuant to Article 8, road safety audits shall only be undertaken by auditors or teams to which auditors belong, meeting the requirements provided for in paragraphs 2 and 3;
for the purpose of the infrastructure project audited, the auditor shall not at the time of the audit be involved in the conception or operation of the relevant infrastructure project.
Article 10
Exchange of best practices
In order to improve the safety of Union roads, the Commission shall establish a system for the exchange of information and best practices between the Member States, covering, inter alia, training curricula for road safety, existing road infrastructure safety projects and proven road safety technology.
Article 11
Continuous improvement of safety management practices
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Article 11a
Reporting
Article 12
Amendment of Annexes
The Commission is empowered to adopt delegated acts in accordance with Article 12a amending the Annexes in order to adapt them to technical progress.
Article 12a
Exercise of the delegation
Article 13
Committee procedure
Article 14
Transposition
Article 15
Entry into force
This Directive shall enter into force on the 20th day following the day of its publication in the Official Journal of the European Union.
Article 16
Addressees
This Directive is addressed to the Member States.
ANNEX I
INDICATIVE ELEMENTS OF ROAD SAFETY IMPACT ASSESSMENTS
1. Elements of a road safety impact assessment:
problem definition;
current situation and ‘do nothing’ scenario;
road safety objectives;
analysis of impacts on road safety of the proposed alternatives;
comparison of the alternatives, including cost-benefit analysis;
presentation of the range of possible solutions.
2. Elements to be taken into account:
fatalities and accidents, reduction targets against ‘do nothing’ scenario;
route choice and traffic patterns;
possible effects on the existing networks (e.g. exits, intersections, level crossings);
road users, including vulnerable users (e.g. pedestrians, cyclists, motorcyclists);
traffic (e.g. traffic volume, traffic categorisation by type), including estimated pedestrian and bicycle flows determined from adjacent land-use attributes;
seasonal and climatic conditions;
presence of a sufficient number of safe parking areas;
seismic activity.
ANNEX II
INDICATIVE ELEMENTS OF ROAD SAFETY AUDITS
1. Criteria at the draft design stage:
geographical location (e.g. exposure to landslides, flooding, avalanches), seasonal and climatic conditions and seismic activity;
types of and distance between junctions;
number and type of lanes;
kinds of traffic admissible to the new road;
functionality of the road in the network;
meteorological conditions;
driving speeds;
cross-sections (e.g. width of carriageway, cycle tracks, foot paths);
horizontal and vertical alignments;
visibility;
junctions layout;
public transport and infrastructures;
road/rail level crossings;
provision for vulnerable road users:
provision for pedestrians;
provision for cyclists, including the existence of alternative routes or separations from high-speed motor traffic;
provision for powered two-wheelers;
density and location of crossings for pedestrians and cyclists;
provision for pedestrians and cyclists on affected roads in the area;
separation of pedestrians and cyclists from high-speed motor traffic or the existence of direct alternative routes on lower class roads.
2. Criteria for the detailed design stage:
layout;
coherent road signs and markings;
lighting of lit roads and intersections;
roadside equipment;
roadside environment including vegetation;
fixed obstacles at the roadside;
provision of safe parking areas;
provision for vulnerable road users:
provision for pedestrians;
provision for cyclists;
provision for powered two-wheelers;
user-friendly adaptation of road restraint systems (central reservations and crash barriers to prevent hazards to vulnerable users).
3. Criteria for the pre-opening stage:
safety of road users and visibility under different conditions such as darkness and under normal weather conditions;
readability of road signs and markings;
condition of pavements.
4. Criteria for early operation: assessment of road safety in the light of actual behaviour of users.
Audits at any stage may involve the need to reconsider criteria from previous stages.
ANNEX IIa
INDICATIVE ELEMENTS OF TARGETED ROAD SAFETY INSPECTIONS
1. Road alignment and cross-section:
visibility and sight distances;
speed limit and speed zoning;
self-explaining alignment (i.e. ‘readability’ of the alignment by road users);
access to adjacent property and developments;
access of emergency and service vehicles;
treatments at bridges and culverts;
roadside layout (shoulders, pavement drop-off, cut and fill slopes).
2. Intersections and interchanges:
appropriateness of intersection/interchange type;
geometry of intersection/interchange layout;
visibility and readability (perception) of intersections;
visibility at the intersection;
layout of auxiliary lanes at intersections;
intersection traffic control (e.g. stop controlled, traffic signals, etc.);
existence of pedestrian and cycling crossings.
3. Provision for vulnerable road users:
provision for pedestrians;
provision for cyclists;
provision for powered-two-wheelers;
public transport and infrastructures;
level crossings (noting, particularly, the type of crossing and if they are manned, unmanned, manual, or automated).
4. Lighting, signs and markings:
coherent road signs, not obscuring visibility;
readability of road signs (position, size, colour);
sign posts;
coherent road markings and delineation;
readability of road markings (position, dimensions and retroreflectivity under dry and wet conditions);
appropriate contrast of road markings;
lighting of lit roads and intersections;
appropriate roadside equipment.
5. Traffic signals:
operation;
visibility.
6. Objects, clear zones and road restraint systems:
roadside environment including vegetation;
roadside hazards and distance from carriageway or cycle path edge;
user-friendly adaptation of road restraint systems (central reservations and crash barriers to prevent hazards to vulnerable road users);
end treatments of crash barriers;
appropriate road restraint systems at bridges and culverts;
fences (in roads with restricted access).
7. Pavement:
pavement defects;
skid resistance;
loose material/gravel/stones;
ponding, water drainage.
8. Bridges and tunnels:
presence and number of bridges;
presence and number of tunnels;
visual elements representing hazards for the safety of the infrastructure.
9. Other issues:
provision of safe parking areas and rest areas;
provision for heavy vehicles;
headlight glare;
roadworks;
unsafe roadside activities;
appropriate information in ITS equipment (e.g. variable message signs);
wildlife and animals;
school zone warnings (if applicable).
ANNEX III
INDICATIVE ELEMENTS OF NETWORK-WIDE ROAD SAFETY ASSESSMENTS
1. General:
type of road in relation to the type and size of regions/cities it connects;
length of road section;
area type (rural, urban);
land use (educational, commercial, industrial and manufacturing, residential, farming and agricultural, undeveloped areas);
property access points density;
presence of service road (e.g. for shops);
presence of road works;
presence of parking.
2. Traffic volumes:
traffic volumes;
observed motorcycle volumes;
observed pedestrian volumes on both sides, noting ‘along’ or ‘crossing’;
observed bicycle volumes on both sides, noting ‘along’ or ‘crossing’;
observed heavy vehicle volumes;
estimated pedestrian flows determined from adjacent land use attributes;
estimated bicycle flows determined from adjacent land use attributes.
3. Accident data:
number, location and cause of fatalities by road user group;
number and location of serious injuries by road user group.
4. Operational characteristics:
speed limit (general, for motorcycles; for trucks);
operating speed (85th percentile);
speed management and/or traffic calming;
presence of ITS devices: queue alerts, variable message signs;
school zone warning;
presence of school crossing supervisor at prescribed periods.
5. Geometric characteristics:
cross section characteristics (number, type and width of lanes, central median shoulders layout and material, cycle tracks, foot paths, etc.), including their variability;
horizontal curvature;
grade and vertical alignment;
visibility and sight distances.
6. Objects, clear zones and road restraint systems:
roadside environment and clear zones;
fixed obstacles at the roadside (e.g. lighting poles, trees, etc.);
distance of obstacles from roadside;
density of obstacles;
rumble strips;
road restraint systems.
7. Bridges and tunnels:
presence and number of bridges, as well as relevant information concerning them;
presence and number of tunnels, as well as relevant information concerning them;
visual elements representing hazards for the safety of the infrastructure.
8. Intersections:
intersection type and number of arms (noting in particular the type of control and the presence of protected turns);
presence of channelisation;
intersection quality;
intersecting road volume;
presence of level crossings (noting, in particular, the type of crossing and whether they are manned, unmanned, manual or automated).
9. Maintenance:
pavement defects;
pavement skid resistance;
shoulder condition (including vegetation);
condition of signs, markings and delineation;
condition of road restraint systems.
10. Vulnerable road users' facilities:
pedestrian and cycling crossings (surface crossings and grade separation);
cycling crossings (surface crossings and grade separation);
pedestrian fencing;
existence of sidewalk or separated facility;
bicycle facilities and their type (cycle paths, cycle lanes, other);
quality of pedestrian crossings with regard to the conspicuity and signposting of each facility;
pedestrian and cycling crossing facilities on entry arm of minor road joining network;
existence of alternative routes for pedestrians and cyclists where there are no separated facilities.
11. Pre/post-crash systems for traffic injury and gravity mitigation elements:
network operational centres and other patrolling facilities;
mechanisms to inform road users of driving conditions in order to prevent accidents or incidents;
AID (automatic incident detection) systems: sensors and cameras;
incident management systems;
systems for communicating with emergency services.
ANNEX IV
ACCIDENT INFORMATION CONTAINED IN ACCIDENT REPORTS
Accident reports include the following elements:
location of the accident (as precise as possible), including GNSS coordinates;
pictures and/or diagrams of the accident site;
date and hour of accident;
information on the road such as area type, road type, junction type incl. signalling, number of lanes, markings, road surface, lighting and weather conditions, speed limit, roadside obstacles;
accident severity;
characteristics of the persons involved such as age, sex, nationality, alcohol level, use of safety equipment or not;
data on the vehicles involved (type, age, country, safety equipment if any, date of last periodical technical check according to applicable legislation);
accident data such as accident type, collision type, vehicle and driver manoeuvre;
whenever possible, information on the time elapsed between the time of the accident and the recording of the accident, or the arrival of the emergency services.
( 1 ) Regulation (EU) No 1315/2013 of the European Parliament and of the Council of 11 December 2013 on Union guidelines for the development of the trans-European transport network and repealing Decision No 661/2010/EU (OJ L 348, 20.12.2013, p. 1).
( 2 ) OJ L 123, 12.5.2016, p. 1.
( 3 ) 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 Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).