Directive 95/50/EC - checks on road transport of dangerous goods
This Directive lays down the number and type of checks carried out by Member States to ensure that the transport of dangerous goods by road complies with safety conditions and laws on the transport of dangerous goods by road. This Directive does not apply to the transport of dangerous goods by vehicles belonging to, or under the responsibility of the armed forces.
Definitions are provided for the terms ‘vehicle’; ‘dangerous goods’; ‘transport’; ‘undertaking’, and ‘check’.
Member States must ensure that a representative proportion of consignments of dangerous goods transported by road are subject to the checks specified in the checklist in Annex I. A copy of this checklist or a certificate showing the result of the check should be given to the driver of the vehicle. Checks should cover an extensive portion of the road network. The location of checks must allow infringing vehicles to be immobilized or brought up to standard without causing a safety hazard. Samples of goods may be taken for examination provided this does not cause a safety hazard. Checks should not exceed a reasonable amount of time.
Vehicles which infringe the rules listed in Annex II may be immobilized on-the-spot or at a place designated for this purpose by the authorities carrying out the check. These vehicles are required to be brought into conformity before continuing their journey or may be subject to other appropriate measures.
Serious or repeated infringements jeopardizing the safety of the transport of dangerous goods committed by a non-resident vehicle must be reported to the competent authorities in the Member State in which the vehicle is registered. The competent authorities of the Member State in which serious or repeated infringements have been recorded may ask the competent authorities of the Member State in which the vehicle is registered for appropriate measures to be taken with regard to the offender. The latter competent authorities must notify the former of any measures taken with regard to the transporter.
Each Member State must send the Commission an annual report as in Annex III. It must contain:
- the estimated volume of dangerous goods transported by road (in tonnes transported or in tonnes/kilometers)
- the number of checks carried out
- the number of vehicles checked by place of registration (vehicles registered nationally, in other Member States, or in third countries)
- the number and types of infringements recorded.
- the type and number of penalties imposed.
Annex I: Checklist
Annex II: Infringements
Annex III: Model standard form for the report to be sent to the commission concerning infringements and penalties