Opinion of the Economic and Social Committee on the 'Report from the Commission on the use of buses and coaches of up to 15 m in length'
C 101/22 EN Official Journal of the European Communities 12. 4. 1999 Opinion of the Economic and Social Committee on the ‘Report from the Commission on the use of buses and coaches of up to 15 m in length’ (1999/C 101/06) On 28 May 1998 the Council decided to consult the Economic and Social Committee, under Article 198 of the Treaty establishing the European Economic Community, on the above-mentioned report. The Section for Transport, Energy, Infrastructure and the Information Society, which was responsible for preparing the Committee’s work on the subject, adopted its opinion on 12 January 1999. The rapporteur was Mr Garcı´a Alonso. At its 360th plenary session (meeting of 27 January 1999) the Economic and Social Committee adopted the following opinion by 119 votes to two, with three abstentions. 1. Introduction Council Directive 96/53/EC (1) of 25 July 1996 1. 1. lays down for certain road vehicles circulating within the Community the maximum authorized dimensions in national and international traffic and the maximum authorized weights in international traffic. Article 3 of this directive stipulates that 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, — in national traffic, of goods vehicles registered or put into circulation in any other Member State for reasons relating to their dimensions. Annex 1, point 1. 1, of the directive lays down a maximum authorized length of 12 m for buses and coaches in international traffic. It follows that a Member State has the option to authorize maximum dimensions over 12 m for buses and coaches circulating within its territory, but only those complying with the directive can circulate freely throughout EU territory. 1. 2. Consequently there is currently no European legislation harmonizing the dimensions of rigid buses and coaches of more than 12 m in length. At the present time, 15 m buses are permitted on the roads in Germany, Belgium, Spain and, with special authorization, Austria, Luxembourg and the Netherlands. Maximum lengths of over 12 m are laid down in Denmark (13. 7 m), Finland (14,5 m) and Sweden (14 m). The maximum length is 12 m in France, Greece, Ireland, Italy, Portugal and the United Kingdom. 1. 3. currently guaranteed the right Passenger buses of up to 12 m in length are to circulate freely throughout the EU, while the registration and circulation of vehicles of 15 m is permitted on national territory in most Member States. However, as there is no European legislation harmoniz- ing the 15 m maximum for rigid buses, the upshot is that 15 m coaches are stopped on the road, not allowed to continue or are tolerated if they are registered in another country. This impedes the free circulation of buses of more than 12 m in the EU. This situation infringes the principle of free movement in the EU as enshrined in Article 3c) of the EEC Treaty, namely the establishment of an internal market characterized by the abolition, as between Member States, of obstacles to the free movement of goods, persons, services and capital. The continued stopping of vehicles on Europe’s roads impedes the completion of the internal market. 2. Summary of the Commission report The report of the European Commission (2) on 2. 1. the use of buses and coaches of up to 15 m in length examines the issues connected with such vehicles, using the information supplied by the national authorities of the Member States and by the bus and coach manufacturers and operators. Generally speaking it may be concluded that the Commission’s report takes a positive view of vehicles of maximum length 15 m. 2. 2. After clarifying the distinction between bus and coach according to length of route (short for buses and longer for coaches), the Commission looks at the current national legislation of the Member States. In line with (1) Published in OJ L 235, 17. 9. 1996, p. 59. (2) COM(97) 499 final, 27. 5. 1998. 12. 4. 1999 EN Official Journal of the European Communities C 101/23 the information provided in point 1. 2 of this opinion, it should be noted that some changes have taken place in this sphere since the Commission drew up its report. In Spain, for instance, the use of vehicles of maximum length 15 m has been permitted since 31 October 1997. The Commission examines the commercial, tech- 2. 3. nical, safety and environmental, infrastructure, manu- facturing, and other legislative considerations for the use of 15 m buses and coaches. C o m m e r c i a l c o n s i d e r a t i o n s With regard to the capacity, price, user charges, competi- tiveness and resale value of coaches, the Commission acknowledges the commercial advantages of buses over 12 m in length and stresses that, in the case of passenger transport, the inventive use made by certain operators of the additional space offered in 15 m vehicles is a positive step to encourage modal shift to public transport. T e c h n i c a l c o n s i d e r a t i o n s According to the manufacturers, passenger vehicles of over 12 m meet the requirement laid down in Directive 96/53/EC (1) that they be able to turn in a swept circle having an outer radius of 12,50 m and an inner radius of 5,30 m in order to be able to circulate freely in the EU. With regard to weight, however, 15 m vehicles require three axles to comply with national and EU rules on total vehicle weights and axle weights. The individual technical parts and characteristics of passenger vehicles such as braking systems, lighting, emissions, etc. , are covered by Directive 70/156/EEC which applies equally to vehicles of over 15 m. S a f e t y a t i o n s a n d e n v i r o n m e n t a l c o n s i d e r - It can be argued that 15 m buses are safer. The first argument put forward by the Commission is that 15 m vehicles, because they have three or four axles, have improved road-holding qualities compared with equiva- lent 2-axle vehicles and possibly also better stability and braking characteristics. With regard to the environmen- tal considerations, the Commission puts forward two positive arguments: the fuel consumption per passenger carried on a 15 m vehicle is around 10 % less than with a 12 m vehicle and the road space required per passenger is some 15 % less, in both cases assuming the vehicle is full. (1) Published in OJ L 235, 17. 9. 1996. I n f r a s t r u c t u r e c o n s i d e r a t i o n s A distinction is made between buses and coaches. The use of 15 m buses will mean some financial outlay for local authorities; nevertheless, the Commission considers that this problem could be dealt with by suitable provisions in EU legislation. In the case of coaches, it would be necessary to provide additional parking spaces which would mean extra financial costs for local authorities. M a n u f a c t u r i n g c o n s i d e r a t i o n s Although some manufacturers do not offer buses or coaches over 12 m in length, they are favourably disposed towards their manufacture in the future. O t h e r l e g i s l a t i v e c o n s i d e r a t i o n s Given the differences between national legislation as to whether or not skiboxes and luggage trailers should be included in the maximum length of buses and coaches, the Commission advocates Community legislation to regulate and harmonize this aspect. 2. 4. The Commission offers a range of different legislative options for the use of 15 m buses and coaches. The alternatives presented by the Commission range from maintaining the current legislation — no change in the situation, so that 12 m buses and coaches could continue to circulate freely in the EU — to the adoption of some form of legislation for 15 m buses. For the latter case, the Commission sets out various possible degrees of legislation: — The first Commission option is to have a harmonized limit of 12 m for all rigid vehicles, whilst permitting existing vehicles of up to 15 m to continue to circulate nationally for a given period under the principle of ‘grandfathers rights’. — The second option consists of a harmonized limit of 15 m for rigid buses but with a different turning circle requirement. Rigid vehicles over 12 m in length could be required to perform an additional manoeuvrability test. — The third option is a harmonized limit of 15 m for rigid buses with no additional requirements. This limit would permit the full range of vehicles, includ- ing those of 12,75 m, 13,5 m, 13,75 m, etc. in length, on any number of axles. C 101/24 EN Official Journal of the European Communities 12. 4. 1999 — The fourth option is to have a differentiated limit according to the number of axles. 2-axle passenger vehicles would be limited to 12 m, 3-axle vehicles to 13,5 m and 4-axle vehicles to 15 m. — The fifth option is to have a harmonized limit of 15 m for international traffic, with differing national rules. This option would require the amendment of Directive 96/53/EC to ensure that buses and coaches of up to 15 m in length on international journeys would be allowed to circulate freely in the Com- munity, whilst permitting Member States to set different rules for national traffic. 3. Comments by the Committee The Committee is averse to maintaining the 3. 1. status quo whereby some Member States authorize 15 m vehicles with or without a special permit, while other Member States prohibit the sale and registration of such vehicles. As the Commission points out in its report, the current situation lacks clarity and stability for operators providing intra-Community transport services and leads to distortions of competition. The Committee considers that the use of 15 m 3. 2. vehicles should be authorized throughout the EU, without any additional technical requirements being introduced into Community legislation. The Committee therefore favours option 3. From a constructors’ point of view, they already have sufficient technical expertise to supply rigid 15 m buses and coaches which are easy Brussels, 27 January 1999. to manoeuvre, are able to comply with the swept circle requirements, have the same — if not better — levels of safety as 12 m vehicles and do not pollute the environment. Bearing these factors in mind, the Com- mittee supports the free circulation throughout the European Union of 15 m buses and coaches because these vehicles comply with the manoeuvrability requirements, are safe and meet environmental standards. 3. 3. Restricting the use of 15 m vehicles to inter- national transport would leave the present situation more or less as it is, with some Member States authorizing their use at national level and others not. This would maintain the distortions of competition and seriously hamper cabotage operations. Such a situation should be avoided. Nevertheless, the Committee acknowledges that the use of 15 m buses and coaches may cause difficulties in some areas. In accordance with the subsidiarity principle, it should be the national, regional and local authorities who, taking into account the nature of the places in which these vehicles are used, adopt appropriate measures to limit access. 4. Conclusions 4. 1. For all these reasons, and particularly in the light of point 2. 5 of the Commission report (‘Safety and environmental considerations’), the Committee would choose option 3 (point 3. 2. 3) of the Commission report and urges the European institutions to harmonize the 15 m limit for rigid buses and coaches, without additional requirements, and to amend Directive 96/53/EC accord- ingly. The President of the Economic and Social Committee Beatrice RANGONI MACHIAVELLI