Legal provisions of COM(2021)769 - Maximum authorised dimensions in national and international traffic for road vehicles and maximum authorised weights in international traffic (codification)

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dossier COM(2021)769 - Maximum authorised dimensions in national and international traffic for road vehicles and maximum authorised weights in ...
document COM(2021)769 EN
date December  7, 2021

Contents

Article 1

1. This Directive applies to:


 2015/719 Art. 1.1 (adapted)

(a)the dimensions of motor vehicles in categories M2 and M3 and their trailers in category 0 and motor vehicles in categories N2 and N3 and their trailers in categories 03 and 04, as  classified   in Article 4 of Regulation (EU) 2018/858 of the European Parliament and of the Council 13 ;


 96/53 (adapted)

(b)the weights and certain other characteristics of the vehicles  referred to  in point (a) and specified in point (2) of Annex I.

2. All the values of weights indicated in Annex I are valid as circulation standards and thus refer to loading conditions, not production standards, which  are laid down in Commission Regulation (EU) No 1230/2012 14   .


 2002/7 Art. 1.1(b) (adapted)

3. This Directive  does  not apply to articulated buses comprising more than one articulated section.


 96/53 (adapted)

Article 2

For the purposes of this Directive  , the following definitions apply  :

(1) ‘motor vehicle’  means  any power-driven vehicle which travels on the road by its own means;

(2) ‘trailer’  means  any vehicle intended to be coupled to a motor vehicle excluding semi-trailers, and constructed and equipped for the carriage of goods;

(3) ‘semi-trailer’  means  any vehicle intended to be coupled to a motor vehicle in such a way that part of it rests on the motor vehicle with a substantial part of its weight and of the weight of its load being borne by the motor vehicle, and constructed and equipped for the carriage of goods;

(4) ‘vehicle combination’  means  :

(a)a road train consisting of a motor vehicle coupled to a trailer;

(b)an articulated vehicle consisting of a motor vehicle coupled to a semi-trailer;

(5) ‘conditioned vehicle’  means  any vehicle whose fixed or movable superstructures are specially equipped for the carriage of goods at controlled temperatures and whose side walls, inclusive of insulation, are each at least 45 mm thick;

(6) ‘bus’  means  a vehicle with more than nine seats including the driver's seat, constructed and equipped to carry passengers and their luggage. It may have one or two decks and may also draw a luggage trailer;

(7) ‘articulated bus’  means  a bus consisting of two rigid sections connected to each other by an articulated section. On this type of vehicle, the passenger compartments in each of the two rigid sections shall be intercommunicating. The articulated section shall permit the free movement of travellers between the rigid sections. Connection and disconnection of the two sections shall be possible only in a workshop;

(8) ‘maximum authorised dimensions’  means  the maximum dimensions for use of a vehicle, as laid down in Annex I;

(9) ‘maximum authorised weight’  means  the maximum weight for use of a laden vehicle in international traffic;

(10) ‘maximum authorised axle weight’  means  the maximum weight for use in international traffic of a laden axle or group of axles;

(11) ‘indivisible load’  means  a load that cannot, for the purpose of carriage by road, be divided into two or more loads without undue expense or risk of damage and which owing to its dimensions or mass cannot be carried by a motor vehicle, trailer, road train or articulated vehicle complying with this Directive in all respects;

(12) ‘tonne’  means  the weight executed by the mass of a tonne and shall correspond to 9,8 kilonewtons (kN);


 2015/719 Art. 1.2(a) (adapted)

(13) ‘alternative fuels’  means  fuels or power sources which serve, at least partly, as a substitute for fossil oil sources in the energy supply to transport and which have the potential to contribute to its decarbonisation and enhance the environmental performance of the transport sector, consisting of:

(a)electricity consumed in all types of electric vehicles;

(b)hydrogen;

(c)natural gas, including biomethane, in gaseous form (Compressed Natural Gas — CNG) and liquefied form (Liquefied Natural Gas — LNG);

(d)Liquefied Petroleum Gas (LPG);

(e)mechanical energy from on-board storage  or  on-board sources, including waste heat;

(14) ‘alternatively fuelled vehicle’  means  a motor vehicle powered wholly or in part by an alternative fuel and which has been approved under the framework of Regulation (EU) 2018/858;


 2019/1242 Art. 20.1 (adapted)

(15) ‘zero-emission vehicle’  means  a zero-emission heavy-duty vehicle as defined in Article 3, point 11, of Regulation (EU) 2019/1242 of the European Parliament and of the Council 15 ;


 2015/719 Art. 1.2(a) (adapted)

(16) ‘intermodal transport operation’  means  :

(a)the combined transport operations defined in Article 1 of Directive 92/106/EEC engaged in the transport of one or more containers or swap bodies, up to a total maximum length of 45 feet; or

(b)transport operations engaged in the transport of one or more containers or swap bodies, up to a total maximum length of 45 feet, using waterborne transport, provided that the length of the initial or the final road leg does not exceed 150 km in the territory of the Union. The distance of 150 km may be exceeded in order to reach the nearest suitable transport terminal for the envisaged service in the case of:

(i)vehicles complying with point 2.2.2(a) or (b) of Annex I;

(ii)vehicles complying with point 2.2.2(c) or (d) of Annex I, in cases where such distances are permitted in the relevant Member State.

For intermodal transport operations, the nearest suitable transport terminal providing a service may be located in a Member State other than the Member State in which the shipment was loaded or unloaded;

(17) ‘shipper’  means  a legal entity or a natural or legal person who is named on the bill of lading or on an equivalent transport document, such as a ‘through’ bill of lading, as the shipper and/or in whose name or on whose behalf a contract of carriage has been concluded with the transport company.


 96/53

1 2015/719 Art. 1.2(b)

All maximum authorised dimensions specified in Annex I shall be measured in accordance with 1  Regulation (EU) 2018/858, with no positive tolerances.

Article 3

1. A Member State may not reject or prohibit the use in its territory,

–in international traffic, of vehicles registered or put into circulation in any other Member State for reasons relating to their weights and dimensions,


 2002/7 Art. 1.2

–in national traffic, of vehicles registered or put into circulation in any other Member State for reasons relating to their dimensions,


 96/53 (adapted)

provided that such vehicles comply with the limit values specified in Annex I.

This provision shall apply notwithstanding the fact that:

(a)the vehicles  referred to in the first subparagraph   are not in conformity with the requirements of that Member State with regard to certain weight and dimension characteristics not covered by Annex I;

(b)the competent authority of the Member State in which the vehicles  referred to in the first subparagraph   are registered or put into circulation has authorised limits not referred to in Article 4(1) exceeding those laid down in Annex I.

2. However, paragraph 1, second subparagraph, point (a) shall not affect the right of Member States, with due regard to  Union  law, to require vehicles registered or put into circulation in their own territory to be in conformity with their national requirements on weight and dimension characteristics not covered by Annex I.

3. Member States may require conditioned vehicles to carry an ATP certificate or ATP certification plate provided for in the Agreement of 1 September 1970 on the International Carriage of Perishable Foodstuffs and on the Special Equipment to be used for such Carriage.

Article 4 -

 2002/7 Art. 1.3(a) (adapted)

1. Member States shall not authorise the normal circulation within their territories  of  :

(a)vehicles or vehicle combinations for national  goods  transport which are not in conformity with the characteristics set out in points 1.1, 1.2, 1.4, 1.6, 1.8, 1.9, 1.10, 4.2 and 4.4 of Annex I;

(b)vehicles for national passenger transport, which are not in conformity with the characteristics set out in points 1.1, 1.2, 1.5, 1.6 and 1.7 of Annex I.

2. Member States may nonetheless authorise the circulation within their territories  of  :

(a)vehicles or vehicle combinations for national  goods  transport which are not in conformity with the characteristics set out in point 1.3, points 2 and 3 and points 4.1 and 4.3 of Annex I;

(b)vehicles for national passenger transport, which are not in conformity with the characteristics set out in point 1.3, points 2 and 3 and points 4.1 and 4.3 of Annex I.


 96/53 (adapted)

1 2002/7 Art. 1.3(b)

3. Vehicles or vehicle combinations which exceed the maximum dimensions may only be allowed to circulate on the basis of special permits issued without discrimination by the competent authorities, or on the basis of similar non-discriminatory arrangements agreed on a case-by-case basis with those authorities, where  those  vehicles or vehicle combinations carry or are intended to carry indivisible loads.

4. Member States may allow 1 vehicles or vehicle combinations used for transport which  carry out certain national transport operations that do not significantly affect international competition in the transport sector to circulate in their territory with dimensions deviating from those laid down in points 1.1, 1.2, 1.4 to 1.10, 4.2 and 4.4 of Annex I.

Transport operations shall be considered not significantly to affect international competition in the transport sector if one of the  following  conditions is fulfilled:

(a)the transport operations are carried out in a Member State's territory by specialised vehicles or specialised vehicle combinations in circumstances in which they are not normally carried out by vehicles from other Member States,  for example,   operations linked to logging and the forestry industry;

(b)the Member State which permits transport operations to be carried out in its territory by vehicles or vehicle combinations with dimensions deviating from those laid down in Annex I also permits motor vehicles, trailers and semi-trailers which comply with the dimensions laid down in Annex I to be used in such combinations  so as  to achieve at least the loading length authorised in that Member State, so that every operator may benefit from equal conditions of competition (modular concept).

5. Member States may allow vehicles or vehicle combinations incorporating new technologies or new concepts which cannot comply with one or more requirements of this Directive to carry out certain local transport operations for a trial period. Member States shall inform the Commission thereof.


 2015/719 Art. 1.4 (adapted)

Article 5

Articulated vehicles put into circulation before 1 January 1991 which do not comply with the specifications  set out  in points 1.8 and 4.4 of Annex I shall be deemed to comply with such specifications for the purposes of Article 3 if they do not exceed a total length of 15,50 m.


 96/53 (adapted)

Article 6

1. Member States shall take the necessary measures to ensure that vehicles referred to in Article 1 and complying with this Directive carry one of the  following  proofs:

(a)a combination of the following two plates:

–the ‘manufacturer's  statutory  plate’ established and attached in accordance with Commission Regulation (EU) No 19/2011 16 ,

–the plate relating to dimensions, in accordance with Annex III   to this Directive  , established and attached in accordance with Regulation (EU) No 19/2011;

(b)a single plate established and attached in accordance with Regulation (EU) No 19/2011 and containing the information on the two plates referred to in point (a);

(c)a single document issued by the competent authorities of the Member State in which the vehicle is registered or put into circulation.  That   document shall bear the same headings and information as the plates referred to in point (a). It shall be kept in a place easily accessible to inspection and shall be adequately protected.

2. If the characteristics of the vehicle no longer correspond to those indicated on the proof of compliance, the Member State in which the vehicle is registered shall take the necessary steps to ensure that the proof of compliance is altered.

3. The plates and documents referred to in paragraph 1 shall be recognised by the Member States as the proof of vehicle compliance provided for in this Directive.

4. Vehicles carrying proof of compliance may be subject:

(a)as regards common standards on weights, to random checks;

(b)as regards common standards on dimensions, only to checks where there is a suspicion of non-compliance with this Directive.

5. The middle column of the proof of compliance relating to weights shall contain, where appropriate, the  Union  weight standards applicable to the vehicle in question. As regards vehicles referred to in point 2.2.2  (d)  of Annex I, the entry ‘44 tonnes’ shall be included in brackets under the maximum authorised weight of the vehicle combination.

6. Each Member State may decide, in respect of any vehicle registered or put into circulation in its territory, that the maximum weights authorised by its national legislation shall be indicated in the proof of compliance in the left-hand column and the technically permissible weights in the right-hand column.


 2002/7 Art. 1.4 (adapted)

Article 7

This Directive shall not preclude the application of road traffic provisions in force in each Member State which permit the weight or dimensions of vehicles on certain roads or civil engineering structures to be limited, irrespective of the State of registration of such vehicles or the State where such vehicles were put into circulation.

This includes the possibility to impose local restrictions on maximum authorised weights  or dimensions  of vehicles that may be used in specified areas or on specified roads, where the infrastructure is not suitable for long and heavy vehicles, such as city centres, small villages or places of special natural interest.


 2015/719 Art. 1.6 (adapted)

Article 8

1. With the aim of improving their energy efficiency, vehicles or vehicle combinations which are equipped with aerodynamic devices meeting the requirements laid down in paragraphs 2 and 3, and which comply with Regulation (EU) 2018/858, may exceed the maximum lengths provided for in point 1.1 of Annex I to this Directive, to allow the addition of such devices to the rear of vehicles or vehicle combinations. Vehicles or vehicle combinations equipped with such devices shall comply with point 1.6 of Annex I, and any exceeding of the maximum lengths shall not result in an increase in the loading length of those vehicles or vehicle combinations.

2. Before being placed on the market, the aerodynamic devices referred to in paragraph 1 exceeding 500 mm in length shall be type-approved in accordance with the rules on type-approval within the framework of Regulation (EU) 2018/858.

3. The aerodynamic devices referred to in paragraph 1 shall fulfil the following operational conditions:

(a)in circumstances where the safety of other road users or of the driver is at risk, they shall be folded, retracted or removed by the driver;

(b)their use on urban and inter urban road infrastructures shall take into account the special characteristics of areas where the speed limit is less than or equal to 50 km/h and where vulnerable road users are more likely to be present;

(c)their use shall be compatible with intermodal transport operations and, in particular, when retracted   or   folded, they shall not exceed the maximum authorised length by more than 20 cm.

4. The Commission shall adopt implementing acts laying down detailed provisions ensuring uniform conditions for the implementation of paragraph 3. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 17(2).

Article 9

1. With the aim of improving energy efficiency, in particular as regards the aerodynamic performance of cabs, as well as road safety, vehicles or vehicle combinations which fulfil the requirements laid down in paragraph 2 and which comply with Regulation (EU) 2018/858 may exceed the maximum lengths laid down in point 1.1 of Annex I to this Directive provided that their cabs deliver improved aerodynamic performance, energy efficiency and safety performance. Vehicles or vehicle combinations equipped with such cabs shall comply with point 1.6 of Annex I and any exceeding of the maximum lengths shall not result in an increase in the load capacity of those vehicles.

2. Before being placed on the market, the vehicles referred to in paragraph 1 shall be approved in accordance with the rules on type-approval within the framework of Regulation (EU) 2018/858.


 2019/1242 Art. 20.2 (adapted)

Article 10

The maximum authorised weights of alternatively fuelled or zero-emission vehicles shall be those set out in points 2.2.1, 2.2.2, 2.2.3, 2.2.4, 2.3.1, 2.3.2 and 2.4 of Annex I.

Alternatively fuelled or zero-emission vehicles shall also comply with the maximum authorised axle weight limits set out in point 3 of Annex I.

The additional weight required by alternatively fuelled or zero-emission vehicles shall be defined on the basis of the documentation provided by the manufacturer when the vehicle in question is approved. That additional weight shall be indicated in the official proof required in accordance with Article 6.

The Commission  is  empowered to adopt delegated acts in accordance with Article 16  concerning the updating  , for the purposes of this Directive,  of  the list of alternative fuels referred to in Article 2 that require additional weight.


 2015/719 Art. 1.8 (adapted)

Article 11

The maximum lengths laid down in point 1.1 of Annex I, subject where applicable to Article 9(1), and the maximum distance laid down in point 1.8 of Annex I may be exceeded by 15 cm for vehicles or vehicle combinations engaged in the transport of 45-foot containers or 45-foot swap bodies, empty or loaded, provided that the road transport of the container or swap body in question is part of an intermodal transport operation.

Article 12

1. Member States shall take specific measures to identify vehicles or vehicle combinations in circulation that are likely to have exceeded the maximum authorised weight and that  must  therefore be checked by their competent authorities in order to ensure compliance with the requirements of this Directive. Those measures may be taken with the aid of automatic systems set up on the road infrastructure, or by means of on-board weighing equipment installed in vehicles in accordance with paragraph 4.

A Member State shall not require on-board weighing equipment to be installed on vehicles or vehicle combinations which are registered in another Member State.

Without prejudice to Union and national law, where automatic systems are used to establish infringements of this Directive and to impose penalties, such automatic systems shall be certified. Where automatic systems are used only for identification purposes, they  shall  not  be required to  be certified.

2. Each Member State shall carry out each calendar year an appropriate number of checks on the weight of vehicles or vehicle combinations in circulation, proportionate to the total number of vehicles inspected each year in its territory.

3. Member States shall, in accordance with Article 18 of Regulation (EC) No 1071/2009 , ensure that their competent authorities exchange information about infringements and penalties relating to this Article.

4. The on-board weighing equipment referred to in paragraph 1 shall be accurate and reliable, fully interoperable and compatible with all vehicle types.

5. The Commission shall adopt implementing acts, laying down detailed provisions ensuring uniform conditions for the implementation of the rules on interoperability and compatibility set out in paragraph 4.

In order to ensure interoperability, those detailed provisions shall enable the weight data to be communicated at any time from a moving vehicle to the competent authorities, as well as to its driver. That communication shall be done through the interface defined by the CEN DSRC standards EN 12253, EN 12795, EN 12834, EN 13372 and ISO 14906. In addition, such communication shall ensure that the competent authorities of the Member States can communicate and exchange information in the same way with vehicles and vehicle combinations registered in any Member State and using on-board weighing equipment.

In order to ensure compatibility with all vehicle types, on-board systems of motor vehicles shall have the capability to receive and process any data coming from any type of trailer or semi-trailer attached to the motor vehicle.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 17(2).

Article 13

Member States shall lay down rules on penalties applicable to infringements of this Directive and shall take all measures necessary to ensure that they are implemented. Those penalties shall be effective, non-discriminatory, proportionate and dissuasive. Member States shall notify those rules to the Commission.

Article 14

1. For the transport of containers and swap bodies, Member States shall lay down rules that require:

(a)the shipper to give to the haulier to whom it entrusts the transport of a container or swap body a statement indicating the weight of the container or swap body transported;

(b)the haulier to provide access to all relevant documentation provided by the shipper.

2. Member States shall lay down rules on the liability of both the shipper and the haulier as appropriate in cases where the information referred to in paragraph 1 is missing or is incorrect and the vehicle or vehicle combination is overloaded.

Article 15

Every 2 years, and at the latest by 30 September of the year following the end of the 2-year period concerned, Member States shall send to the Commission the necessary information concerning:

(a)the number of checks carried out in the previous 2 calendar years;

(b)the number of overloaded vehicles or vehicle combinations detected.

This information may be part of the information submitted under Article 17 of Regulation (EC) No 561/2006 of the European Parliament and of the Council 17 .

The Commission shall analyse the information received pursuant to this Article, and shall include such analysis in the report to be forwarded to the European Parliament and to the Council pursuant to Regulation (EC) No 561/2006.

Article 16

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2. The power to adopt delegated acts referred to in Article 10 shall be conferred on the Commission for a period of 5 years from 26 May 2015. The Commission shall draw up a report in respect of the delegation of power not later than 9 months before the end of the 5‑year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than 3 months before the end of each period.

3. The delegation of power referred to in Article 10 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. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. 

5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

6. A delegated act adopted pursuant to Article 10 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 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 2 months at the initiative of the European Parliament or of the Council.

Article 17

1. The Commission shall be assisted by the Road Transport Committee referred to in Article 42 of Regulation (EU) No 165/2014 of the European Parliament and of the Council 18 . 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.

3. Where the committee delivers no opinion, the Commission shall not adopt the draft implementing act and the third subparagraph of Article 5(4) of Regulation (EU) No 182/2011 shall apply.

Article 18

By 8 May 2020, the Commission shall submit, as appropriate, a report to the European Parliament and  to   the Council on the implementation of the amendments to Directive  96/53/EC   introduced by Directive (EU) 2015/719 of the European Parliament and of the Council 19 , including taking into consideration specific characteristics of certain market segments. On the basis of that report, the Commission shall, if appropriate, make a legislative proposal duly accompanied by an impact assessment. The report shall be made available at least 6 months prior to the submission of any legislative proposal.


 96/53 (adapted)

Article 19

Member States shall communicate to the Commission the text of the main provisions of domestic law which they adopt in the field covered by this Directive.

Article 20

Directive  96/53/EC, as amended by the acts  listed in Annex IV, Part A,  is  repealed, without prejudice to the obligations of the Member States  relating to the time-limits  for  the  transposition  into national law of the Directives  set out in Annex IV, Part B.

References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex V.

Article 21

This Directive shall enter into force on the  twentieth  day  following that  of its publication in the Official Journal of the European  Union  .

Article 22

This Directive is addressed to the Member States.