Proposal for a directive of the European Parliament and of the Council amending Council Directive 96/53/EC laying down for certain road vehicles circulating within the Community the maximum authorised dimensions in national and international traffic and the maximum authorised weights in international traffic (presented by the Commission)

Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Council Directive 96/53/EC laying down for certain road vehicles circulating within the Community the maximum authorised dimensions in national and international traffic and the maximum authorised weights in international traffic

(presented by the Commission)

EXPLANATORY MEMORANDUM

A. GENERAL

1. Introduction

The Transport Council of 28 September 1995 examined a Commission proposal for a Council Directive laying down maximum authorised weights and dimensions for road vehicles over 3.5 tonnes circulating within the Community.

This proposal [1] laid down, inter alia, a harmonised maximum length of 12 m for all rigid motor vehicles in the Community.

[1] OJ C 38, 8.2.1994, p. 3.

However, several Member States wished to permit rigid buses of up to 15 m in length. There was therefore no majority for setting either a 12 m or 15 m limit for buses in the Community.

The Council subsequently adopted the parts of the proposal as Council Directive 96/53/EC [2]. As regards bus dimensions this Directive set no limits, but simply guaranteed that rigid buses of up to 12 m in length and articulated buses of up to 18 m can circulate freely throughout the Community when undertaking international transport.

[2] OJ L 235, 17.9.1996, p. 59.

As this meant that a wide variety of limits would still be permitted for national transport, it was felt that further consideration should be given to issues arising from harmonising throughout the Community the maximum length of rigid buses and coaches at a limit greater than 12 m. At the request of the Council, the Commission thus prepared a report on the use of buses and coaches of up to 15 m in length [3]. This report looked at all aspects arising from the use of rigid buses and coaches of over 12 m in length. It also highlighted various legislative options that existed.

[3] COM(97) 499 final of 27.5.1998.

On the basis of the report the Transport Council, at its meeting of 29 March 1999, invited the Commission to submit a proposal for an amendment to Directive 96/53/EC aimed at harmonising the maximum authorised dimensions, including certain related characteristics, of non-articulated buses and coaches in national and international transport.

2. Key issues

2.1 Definitions

For the purpose of the legal text the term 'bus' will be used throughout, in accordance with the definition laid down in Article 2 of Directive 96/53/EC. Since a coach can be considered to be a bus that does not allow standing passengers, there is no need to differentiate between buses and coaches for the purposes of the Directive.

2.2 Current situation

Community-wide maxima for the length of all vehicles and vehicle combinations for the transport of goods are currently set in Directive 96/53/EC. However, for buses, this Directive only lays down maxima that guarantee free circulation for international journeys. Thus, Directive 96/53/EC only guarantees that rigid buses of up to 12 m in length and articulated buses of up to 18 m in length may circulate freely when undertaking international journeys.

Consequently, widely differing national laws, which have developed in a diverse and independent manner, apply for local bus traffic. Furthermore, rigid buses of over 12 m in length currently are not guaranteed free circulation throughout the Community, even though they now operate in significant numbers in several Member States.

2.3 Safety and manoeuvrability considerations

As regards the safety of passengers within the vehicle, there is no evidence to show that a rigid bus of up to 15 m in length is any less safe than a similar bus of 12 m in length and is probably safer in certain working environments than an 18 m articulated bus. General technical considerations pertaining to safety of buses (such as braking, lighting, emissions, bodywork construction, etc.) are either already covered by existing EU legislation or in the current proposal for an EU Directive relating to special provisions for vehicles used for the carriage of passengers comprising more than eight seats in addition to the drivers seat [4]. All of this legislation falls within the scope of framework Directive 70/156/EEC [5], as last amended by Directive 98/91/EC [6].

[4] OJ C 17, 20.1.1998, p. 1.

[5] OJ L 42, 23.2.1970, p. 1.

[6] OJ L 11, 16.1.1999, p. 25.

Directive 96/53/EC and Council Directive 97/27/EC [7] relating to masses and dimensions of road vehicles both require that all vehicles shall be able to turn in a swept circle having an outer radius of 12.50 m and an inner radius of 5.30 m. Since this swept circle requirement applies not just to rigid buses but also to articulated buses of up to 18 m and lorry + trailer combinations of up to 18.75 m in length, the Commission is of the view that it would be unjustified to have additional, more stringent rules solely for rigid buses of over 12 m in length. The Commission does recognise that manoeuvrability in inner cities is often limited but notes that the appropriate local authorities are always permitted to restrict the maximum length of vehicles circulating on particular roads.

[7] OJ L 233, 25.8.1997, p. 1.

Special attention should be given to concerns about the safety of pedestrians and other vulnerable road users when rigid buses of over 12 m in length circulate. The Commission agrees that many designs of rigid buses of 15 m in length do have a greater outswing when turning a corner [8] in comparison with both 12 m rigid buses and 18 m articulated buses performing the same manoeuvre.

[8] Whether this outswing is at the front or the back of the vehicle will depend on the manoeuvre performed by the driver.

The Commission notes that in addition to the swept circle requirements described above, Directive 97/27/EC also lays down maximum permissible limits for the outswing of buses. All buses, regardless of length, must meet the limit set in Directive 97/27/EC, if type approval is to be granted. Given that this Directive will become mandatory for all new buses upon the coming into force of whole vehicle type approval for buses and given the concern about the road safety of vulnerable road users, the Commission therefore proposes that Directive 96/53/EC should be amended to lay down identical requirements governing the outswing of buses as in Directive 97/27/EC. This will ensure that the performance characteristics of 15 m rigid buses shall be no worse than those already allowed by Member States for articulated buses.

The Commission is also concerned that the trend towards longer buses will result in bus designs that cannot stay within the weight limits laid down in the Directive. Whilst Member States are free to set national weight limits higher than those laid down in the Directive, it is clear that to allow vehicle designs in some countries that cannot legally operate fully in other Member States creates major distortions for the well-functioning of cabotage. Furthermore, the Commission notes that, in contrast to the road freight sector, little effort is made by enforcement authorities to control the weight of laden buses on international journeys because of the practical problems of removing passengers or their luggage to reduce the weight of an overloaded bus.

The Commission believes that the best way to avoid problems is to prohibit the circulation of buses whose design makes them potentially grossly unsuitable with regard to their maximum total weight and axle weight. The proposal therefore requires that buses longer than 12 m have three or more axles, which will ensure that such vehicles will not damage existing road infrastructure, and limits the length of 2 axle buses to 12 m.

2.4 Skiboxes

One aspect of bus dimensions where variations in national rules apply is the use of skiboxes. A skibox is a demountable box of around 1 m depth, and the height and width of the bus, which is hooked onto the back of a bus to give additional luggage-carrying capacity. They were originally used for transporting skis - hence the name - but are now generally used to provide additional luggage capacity.

Given that the fitting of skiboxes on buses of up to 13.75 m in length is a common practice, the Commission feels that it is unrealistic to ban the use of skiboxes. However, if skiboxes are allowed on buses of 15 m in length then the actual maximum length of the vehicle will be significantly more than 15 m.

The Commission believes this issue needs to be resolved at the Community level. The proposal therefore allows buses to use skiboxes throughout the European Union provided that the total combined length of the bus and fitted skibox does not exceed 15 m.

2.5 Trailers

The current legislative situation concerning buses towing trailers is unclear. Directive 96/53/EC defines a bus as a subgroup of motor vehicles. It further goes on to define a road train as a motor vehicle that is coupled to a trailer (and sets a maximum length for road trains). Thus, it can be argued that a bus + trailer combination is a road train. However, it is generally accepted that the term "road train" is one used for freight vehicle combinations only.

For the purposes of clarity and transparency throughout the Community, the proposal therefore formally includes a maximum length of 18.75 m for the length of bus + trailer combinations. This corresponds to the maximum length permitted for lorry + trailer combinations throughout the Community.

3. The need for legislative action

Given the different sets of rules on the maximum length of rigid buses in the Member States, the freedom to both provide transport services across the Community and have minimum Community safety standards is affected. Harmonised legislation at the European level is desirable to enable the free circulation of all rigid buses that meet Community-wide safety standards, thus facilitating their freedom to provide transport services and ensuring the proper functioning of the single market.

Furthermore, it is needed to harmonise the maximum length of vehicles not only internationally but also at the national level since harmonising dimensions throughout the Community will eliminate the pressure on Member States to continually increase national limits solely because of the actions of neighbouring countries.

At the same time, the Commission recognises that skiboxes and trailers should also be taken into consideration when setting a maximum length for rigid buses.

Finally, it should be noted that the Council has requested legislative action in this area.

B. JUSTIFICATION FOR ACTION AT THE COMMUNITY LEVEL

1. Subsidiarity

(a) What are the aims of the action contemplated as compared with the Community's obligations-

The establishment of a border-free internal market within the Community has resulted in the need for harmonised rules on vehicle dimensions. Whilst some legislation, in the form of Directive 96/53/EC, does exist, this currently does not harmonise fully the maximum length of rigid buses throughout the Community.

Harmonised rules will equalise conditions of safety and competition in the sector of bus transport and ensure the possibility of cabotage to take place without any national hindrances.

(b) Does the intended action fall exclusively within the powers of the Community or of powers shared with the Member States-

The action falls under a shared competence (Article 71(1)(a), (c) and (d) of the EC Treaty).

(c) What is the Community extent of the problem (for example, how many States are involved and what solution has been supplied so far)-

Considerable variations currently exist in national legislation for the maximum permitted length of rigid buses.

Such variations seriously undermine the harmonisation of conditions of passenger transport, especially since the abolition of border controls has greater reduced control possibilities. The logical solution, therefore, is to equalise conditions by harmonising rules throughout the Community.

This problem has been recognised by the Council and has resulted in an invitation for legislation.

(d) What is the most effective option as compared with the Commission's resources and those of the Member States-

The most effective option is to harmonise the maximum length of rigid buses at 15 m (with no possibility to exceed this with skiboxes) throughout the Community, whilst simultaneously ensuring that 15 m buses perform as least as well as buses currently permitted to circulate freely.

(e) What would be the added value of the intended Community action and what would be the cost of inaction-

The positive effects of the proposal will be threefold.

First, it will simplify the possibilities for cabotage to take place without distortions of competition, with a consequent reduction in passenger transport costs. This will help to make public transport more attractive.

Secondly, increasing the maximum length of buses in some of the Member States will result in fewer buses being required to transport the same number of passengers. Such an effect, resulting in fewer road journeys, will be both environmentally and economically positive.

Thirdly, the laying down of standards for manoeuvrability will ensure a harmonised level of safety from these vehicles for vulnerable road users throughout the Community.

(f) What forms of action are open to the Community (recommendation, financial support, regulation, mutual recognition,...)-

The proposal takes the form of a Directive following previous legislative practice in this field.

Neither financial support, nor mutual recognition would be appropriate actions to achieve the aim of harmonised Community standards.

(g) Are uniform regulations necessary or is it sufficient for a Directive to set general aims and transfer their implementation to the Member States-

It is sufficient to make a detailed Directive for implementation by the Member States.

C. SCOPE OF THE PROPOSAL

The establishment of a border-free internal market within the Community resulted in the need to extend Community rules on the weights and dimensions of road vehicles to cover all national transport.

This was partly dealt with by Directive 96/53/EC. However, one issue that this Directive did not cover was a harmonised maximum length of rigid buses.

The objective of the proposal is to amend the Directive to cover this issue.

Considerable variations currently exist in national legislation for the maximum permitted length of rigid buses.

Therefore, it is proposed to extend the application of the current Directive to cover the maximum length of rigid buses for both national and international traffic, and to set the maximum length at 15.00 m (without any possibility for a '+' tolerance).

At the same time, it is recognised that the setting of a maximum length should also take into consideration skiboxes when applying to rigid buses. The proposal therefore includes skiboxes within the maximum permitted dimensions of the vehicle, thus permitting vehicle + skibox combinations of up to 15.00 m in length, but no longer.

It is also proposed to limit buses of over 12 m in length to those with 3 or more axles to ensure that vehicle designs will stay within weight limits and thus do not have negative effects on existing roads.

In order to ensure the safety of vulnerable road users and minimise problems with existing road infrastructure, the proposal lays down requirements limiting their maximum outswing that all buses will have to meet when performing a turning manoeuvre.

Finally, the issue of bus + trailer combinations needs to be clarified. The proposal therefore explicitly sets a limit of 18.75 m for bus + trailer combinations. This corresponds with the maximum permitted length for lorry + trailer combinations.

The positive effects of the proposal will be threefold. First, it will simplify the possibilities for cabotage to take place without distortions of competition, with a consequent reduction in passenger transport costs.

Thirdly, by setting standards for manoeuvrability, this will ensure a harmonised level of safety from buses for vulnerable road users throughout the Community.

D. CONTENTS OF THE PROPOSAL

Article 1 lays down amendments to Directive 96/53/EC:

- paragraph 1 extends the scope of Directive 96/53/EC to cover the maximum length of buses used in national traffic;

- paragraph 2 prohibits the circulation of buses longer than the limit laid down in the Directive;

- paragraph 3 gives a reasonable transition period to allow the operation on national territory of buses that are currently registered but which do not meet the new requirements of the Directive;

- paragraphs 4 and 5 modify Annex I of the Directive to set the maximum length of 15 m for rigid buses with more than 2 axles, whilst keeping a 12 m limit for other rigid vehicles;

- paragraph 6 requires that buses fitted with skiboxes must stay within the 15 m length limit and that they are limited in their outswing when turning.

Article 2 lays down the implementation date for the changes.

2000/0060 (COD)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 71 thereof,

Having regard to the proposal from the Commission [9],

[9] OJ C

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

[10] OJ C

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

[11] OJ C

Acting in accordance with the procedure laid down in Article 251 of the Treaty [12],

[12] OJ C

Whereas:

(1) Council Directive 96/53/EC [13] established, in the framework of the common transport policy, harmonised maximum vehicle dimensions for the circulation of road vehicles transporting goods.

[13] OJ L 235, 17.9.1996, p. 59.

(2) There is a need for harmonised maximum vehicle dimensions for the circulation of road vehicles transporting passengers. Differences between standards in force in the Member States with regard to the dimensions of passenger road vehicles could have an adverse effect on the conditions of competition and constitute an obstacle to traffic between Member States.

(3) In accordance with the principles of subsidiarity and proportionality as set out in Article 5 of the Treaty, the harmonisation of maximum vehicle dimensions for the circulation of road vehicles transporting passengers cannot be sufficiently achieved by the Member States and can therefore be better achieved by the Community. This Directive confines itself to the minimum required in order to achieve that objective and does not go beyond what is necessary for that purpose.

(4) In implementation of the internal market, the scope of Directive 96/53/EC should be extended to national transport in so far as it concerns characteristics that significantly affect the conditions of competition in the transport sector and in particular the values relating to the maximum authorised length and width of vehicles and intended for the carriage of passengers.

(5) For reasons of road safety, buses should meet performance criteria as regards their manouvrability.

(6) Buses which entered into service before the date of implementation of this Directive and which do not comply with the dimension characteristics laid down in this Directive, owing to previously differing national provisions or methods of measurement, should be allowed for a transitional period to continue to provide transport services within the Member State in which the vehicle is registered or put into circulation.

(7) Directive 96/53/EC should therefore be amended accordingly,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Directive 96/53/EC is hereby amended as follows:

(1) In Article 3(1), the second indent is replaced by the following:

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

(2) Article 4 is amended as follows:

(a) Paragraphs 1 and 2 are replaced by the following:

"1. Member States shall not allow the normal circulation of vehicles or vehicle combinations in their territory which are not in conformity with the characteristics set out in points 1.1, 1.2, 1.4, 1.4a, 1.5, 1.5a, 1.6, 1.7, 1.8, 4.2 and 4.4 of Annex I.

2. Member States may nonetheless allow circulation in their territory of vehicles or vehicle combinations which are not in conformity with the characteristics set out in 1.3, 2, 3, 4.1 and 4.3 of Annex I'.

(b) The following paragraph 7 is added:

"7. Member States may allow buses that are registered or put into circulation before the implementation of this Directive to circulate in their territory until 31 December 2009 with dimensions exceeding those laid down in points 1.1, 1.2, 1.5 and 1.5a of Annex I.'

(3) Annex I is hereby amended as follows:

(a) Point 1.1 is amended as follows:

(i) The first indent is replaced by the following:

'- motor vehicle other than a bus 12.00 m'

(ii) The following indents are added as the sixth, seventh and eighth indents:

'- bus with 2 axles 12.00 m

- bus with >2 axles 15.00 m

- bus + trailer 18.75 m'

(b) The following points 1.4a and 1.5a are inserted:

'1.4a If any removable attachments such as skiboxes are fitted to a bus its maximum length, including the attachments, shall not exceed 15.00 m.

1.5a Additional requirements for buses

When the bus is stationary and has its steered wheels so directed that if the vehicle moved, its outermost forward point would describe a circle of 12.50 m radius, a vertical plane tangential to the side of the vehicle which faces outwards from the circle must be established by marking a line on the ground. In the case of an articulated bus the two rigid portions must be aligned with the plane.

When the bus moves forward on either side following the circle of 12.50 m radius, no part of it may move outside the vertical plane by more than 0.80 m in the case of a rigid bus of up to 12 m length or by 1.20 m in the case of either a rigid bus of over 12 m length or an articulated bus.'

Article 2

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 2000 at the latest. They shall forthwith inform the Commission thereof.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

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

Article 3

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

Article 4

This Directive is addressed to the Member States.

Done at Brussels,

For the European Parliament For the Council

The President The President

IMPACT ASSESSMENT FORM THE IMPACT OF THE PROPOSAL ON BUSINESS WITH SPECIAL REFERENCE TO SMALL AND MEDIUM-SIZED ENTERPRISES (SMEs)

Title of proposal

Directive of the European Parliament and of the Council amending Directive 96/53/EC laying down for certain road vehicles circulating within the Community the maximum authorised dimensions in national and international traffic and the maximum authorised weights in international traffic.

Document reference number

1280

The proposal

1. Taking account of the principle of subsidiarity, why is Community legislation necessary in this area and what are its main aims-

The purpose of this proposal is to harmonise the maximum authorised length and width of buses throughout the European Union.

The proposal is in keeping with the object of creating a single market as it will provide for uniform rules to apply to buses throughout the Community. Such rules already apply for the maximum dimensions of lorries and the proposal thus seeks to extend the scope of Directive 96/53/EC.

The proposal aims to set a harmonised maximum length of 15 m for rigid buses and a maximum width of 2.55 m. Certain performance criteria will also be required. The opportunity will also be taken to clarify the legal limit for bus+trailer combinations and also buses fitted with skiboxes.

The impact on business

2. Who will be affected by the proposal-

The bus manufacturing sector and bus operating sector in all Member States will be affected by the proposal.

The bus manufacturing sector generally comprises of small and medium-sized enterprises, though does also include subsidiaries of multi-national automotive manufacturers.

The bus operating sector is made up of enterprises of all sizes, and does have many small enterprises.

At present, eight Member States do permit buses of up to 15 m in length to circulate, whilst six Member States have a 12 m limit and one has a limit of 13.7 m.

3. What will business have to do to comply with the proposal-

All existing registered buses will be able to function within the scope of the proposal. However, businesses will have to ensure that their buses comply with the maximum dimensions laid down in the Directive if they wish their buses to circulate freely throughout the Community. Buses not complying with the Directive will continue to be able to circulate on national territory for a fixed period of time, under the "Grandfathers' Rights" principle.

4. What economic effects is the proposal likely to have-

The economic effects of the proposal need to be considered separately for the bus manufacturing industry and the bus operating industry.

The proposal will enable the bus manufacturing industry to standardise its product range for the internal market as a whole. The majority of bus manufacturers already producing 15 m buses as part of their product range will benefit from the possibility of being able to sell their product in all 15 Member States.

Those manufacturers currently not building 15 m buses will be able to adapt their product range relatively easily. This is because buses are generally built as customised individual vehicles, rather than on standardised production lines. In this regard, small and medium-sized manufacturers are ideally suited to change.

Harmonised maximum dimensions will finally allow bus operators to circulate freely throughout the Community, and also to perform cabotage by creating a "level playing field" as far as vehicles are concerned.

In the preparation of this legislation the Commission made a report to the Council - COM(97) 499 - in which it looked at the economic effects of allowing 15 m buses throughout the Community. The Commission was surprised to learn that all representatives of operators and manufacturers welcomed such a proposal and none saw problems for smaller operators or manufacturers.

In this regard, it should be noted that long buses of 15 m in length are not expected to be the norm in the Community, but rather will be a niche market. Thus, operators with smaller buses or manufacturers of smaller buses will be able to co-exist happily with those opting for 15 m buses.

5. Does the proposal contain measures to take account of the specific situation of small and medium-sized firms (reduced or different requirements etc)-

No specific measures for small and medium-sized firms are contained within the proposal. However, the majority of bus operators and manufacturers fall into this category and to date, the Commission, has had not a single negative reaction to the proposal from them.

Consultation

6. List the organisations which have been consulted about the proposal and outline their main views.

As stated in 4 above, this proposal follows a Commission report to the Council on 15 m buses. During the drafting of this document, the Commission consulted widely in both the bus manufacturing sector and the bus operating sector. All have welcomed legislation along the lines contained in the proposal. In addition, the topic has been discussed in a Member States' Experts Working Group.