Regulation on technical inspections of commercial vehicles on the road (TechControl V)

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TechControl V

Date of completion: 21.05.2003

Full quote:

" Regulation on technical inspections of commercial vehicles on the road of 21 May 2003 (BGBl. 774), as last amended by Article 1 of the Regulation of 19 December 2011 (BGBl I). 2835).

Status:

Last amended by Art. 1 V v. 19.12.2011 I 2835

For more details, please refer to the menu under Notes

This Regulation provides for the implementation of Directive 2000 /30/EC
European Parliament and of the Council of 6 June 2000 on the
technical roadside inspection of commercial vehicles in the Community
participating in road transport (OJ L 327 EC No L 203 p. 1), in German law.

Footnote

(+ + + Proof of text: 1.9.2003 + + +) 
(+ + + Official note from the norm-provider on EC law: 
 Implementation of the 
 ERL 30/2000 (CELEX Nr: 300L0030) 
 ERL 26/2003 (CELEX Nr: 303L0026) see  V v. 18.12.2003 I 3095 + + +) 

  

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Input formula

On the basis of § 6 (1) No. 20 of the Road Traffic Act, as amended by the Notice of 5 March 2003 (BGBl. 310) and § 17 of the German Road Transport Act of 22 June 1998 (BGBl. 1485), of which:

-

Article 6 (1) of Article 244 of the Regulation of 29 June October 2001 (BGBl. 2785) and Article 6 (1) (20) of the Act of 11 September 2002 (BGBl. 3574),

-

§ 17 by Article 251 (1) of the Regulation of 29. October 2001 (BGBl. 2785),

Orders the Federal Ministry of Transport, Building and Housing: Unofficial table of contents

§ 1 Scope

(1) The provisions of this Regulation shall apply to the technical control of commercial vehicles taking part in or coming from a third country in Germany. (2) checks to be carried out under other legislation by Commercial vehicles other than those referred to in paragraph 1 shall remain unaffected. Unofficial table of contents

§ 2 Definitions

For the purposes of this Regulation, the term:

1.

"commercial vehicle" means the lorries and their trailers, as well as tractors and their semi-trailers used for the carriage of goods, of a total mass of more than 3.5 tonnes and buses and coaches; these commercial vehicles are in Annex II to the Directive 2007 /46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles Vehicles (OJ L 327 OJ L 263, 9.10.2007, p. 1),

2.

"control" means the surveillance, testing or inspection of a commercial vehicle, not announced by the authorities and thus unexpected, carried out on public roads, in terms of its technical condition, in accordance with the provisions of Section 5 by the competent authorities,

3.

"verification point" means the technical equipment and characteristics of the commercial vehicles to be checked; the test points are set out in Annexes I and II to Commission Directive 2010 /47/EU of 5 July 2010 adapting to Directive 2000 /30/EC of the European Parliament and of the Council of 5 July 2010 on the adaptation of the European Parliament and Council on the technical roadside inspection of commercial vehicles taking part in road transport in the Community (OJ L 327, 28.4.1997, p. OJ L 173, 8.7.2010, p. 33),

4.

"Member States" means those which are Member States of the European Union or States Parties to the Agreement on the European Economic Area.

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§ 3 responsibilities

(1) The checks shall be carried out by the competent authorities in accordance with federal and state law. (2) The competent authorities may have officially recognised experts and examiners for motor vehicle traffic in accordance with the Act on Motor Vehicle Law and In accordance with Annex VIIIb No 3.9 of the Road Traffic Authorisation Order, the Federal Office for the Transport of Goods (Bundesamt für Güterverkehr) shall be appointed as the Federal Republic of Germany for the purpose of the Federal Republic of Germany. Germany responsible body responsible for the information provided under this Regulation and the administrative assistance of the Member States and their authorities and the reporting system with the Commission of the European Communities, in accordance with § § 8 to 10. Unofficial table of contents

§ 4 Frequency of checks

The competent authorities shall ensure that, in their factual and local area of competence, a sufficient proportion of commercial vehicles shall be subject to the checks provided for in this Regulation in order to check whether the technical provisions in the periods between the periods of time between the provisions of Section 29 of the Road Traffic Admission Order or Directive 2009 /40/EC of the European Parliament and of the Council of 6 May 2009 on roadworms for motor vehicles and the European Parliament and the Council of 6 May 2009 on roadworsened vehicles and Motor vehicle trailers (OJ L 327, 22.7. 12). (2) A representative proportion of the commercial vehicles registered in the respective country and the volume of traffic with commercial vehicles shall be sufficient. The figures on the technical checks carried out in the countries in relation to the respective stock of commercial vehicles and the volume of commercial vehicles are to be paid every two years as at 30 June for the previous two years. by the Federal Office of Goods Transport, in coordination with the Federal Motor Transport Authority. The figures on the checks carried out by the competent federal authorities will also be announced. The first overview will take place on 30 June 2005. Unofficial table of contents

§ 5 Checks on the road

(1) The implementation of the checks shall be carried out

1.

in the implementation of Article 3 of Regulation (EC) No 1100/2008 of the European Parliament and of the Council of 22 June 2008, October 2008 on the elimination of Member States ' border controls in road and inland waterway transport (OJ L 327, 28.12.2008, p. 63) and Article 1 of Council Regulation (EEC) No 3912/92 of 17 December 1992 on controls carried out within the Community in the field of road and inland waterway transport in the territory of a third country, or Transport by authorised means of transport (OJ C EC No OJ L 395, p.6),

2.

without distinction as to the nationality of the driver or the State in which the commercial vehicle has been registered or placed on the market.

(2) The checks shall be carried out by:

1.

an audit of the audit report recently produced for the commercial vehicle on

a)

a check carried out under this Regulation, or

b)

an inspection of the commercial vehicle;

is certified in accordance with the technical requirements applicable to the vehicle, in particular in accordance with Article 29 of the Road Traffic Authorisation Order or Directive 2009/40 EC, or

2.

a visual inspection of the maintenance condition of the commercial vehicle, or

3.

a test for maintenance defects, taking into account any test reports submitted or any other safety certificate issued by an approved body; if the examination of a test point is not longer than three months, check this point only if the condition does not correspond to the result of the test report or if there is a manifest defect.

The controls may also include two or all of the types referred to in points 1 to 3. (3) A review shall cover one, several or all of the verification points listed in point 10 of Annex I to Directive 2010 /47/EU. The inspection of the braking system and the exhaust emissions shall be carried out in accordance with the provisions of Annex II to Directive 2010 /47/EU. Unofficial table of contents

§ 6 Control report

The competent authorities or the agents shall have to produce a control report in accordance with the model of Annex I to Directive 2010 /47/EU on maintenance defects in accordance with Article 5 (2) (3) of this Directive. A copy of the control report shall be provided to the driver of the approved commercial vehicle. Unofficial table of contents

§ 7 Defects

If deficiencies are found during the inspection of the commercial vehicle in accordance with Article 5 (2) (3), which may constitute a security risk for its occupants or other road users, in addition to the control report to be drawn up in accordance with § 6 of this Article in particular, the following measures shall be initiated by the competent authority:

1.

the more detailed investigation, according to a main investigation according to § 29 of the Road Traffic Authorisation Order at a nearby local investigative body,

2.

the temporary suspension of the use of the commercial vehicle until the dangerous deficiencies or deficiencies are eliminated; or

3.

the refusal of entry of the commercial vehicle registered in a third country to Germany.

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Section 8 Information among the Member States

On 30 June each year, the supreme state authorities or the bodies appointed by them shall inform the Federal Office of the Transport of Goods for the purpose of carrying out the information provided by the Member States as to which authority in their country is responsible for carrying out the Controls and who is the contact person. The first communication shall be made one month after the date of delivery of this Regulation. Unofficial table of contents

Section 9 Mutual assistance between the authorities of the Member States

(1) Where a commercial vehicle owned by a national of another Member State or a company established in another Member State is the property of another Member State, dangerous deficiencies, in particular those based on the use of the The competent authority of the competent authority of the Member State in which the commercial vehicle has been registered or placed on the market has, without delay, issued a copy of the vehicle for the purpose of the Inspection report in accordance with § 6. Further measures under this Regulation shall remain unaffected. (2) In addition to the notification referred to in paragraph 1, the competent authorities of the Member State may be invited to take appropriate measures with regard to the offender or the transport undertaking; in particular, the re-technical investigation of the commercial vehicle. The competent authorities of the Member States shall, in accordance with Directive 2000 /30/EC of the European Parliament and of the Council of 6 June 2000 on the technical roadside inspection of commercial vehicles participating in road transport in the Community, shall share: 1. EC No 1), the measures taken by the applicant authority. (3) The competent authorities shall assist the competent authorities in other Member States in the implementation of Directive 2000 /30/EC. (4) The competent authorities shall, in accordance with the provisions of this Regulation, competent authority by a competent authority of a Member State shall report a dangerous defect on a commercial vehicle in accordance with paragraph 1, or request the competent authority to take appropriate measures in accordance with paragraph 2, the following shall be taken by the competent authority of a Member Regulation competent authority shall take the necessary measures. It shall notify the measures taken by the applicant authority of the Member State. (5) notifications, communications and requests referred to in paragraphs 1 to 4 shall direct the competent authorities directly to the Federal Office of Goods Transport, which shall: cross-border mutual assistance. Unofficial table of contents

§ 10 Reporting

(1) The authorities responsible under federal and state law shall forward to the Federal Office for Goods Transport, for two calendar years at the latest two months after the expiry of the report, a report drawn up in accordance with the model in Annex 3 for its area, on the Application of this Regulation with the following information:

1.

Controlled commercial vehicles, broken down by vehicle class in Annex I to Directive 2010 /47/EU,

2.

Country of registration, broken down by Germany, Member States and third countries,

3.

controlled test points and identified defects.

(2) The Federal Office for the Transport of Goods shall, on the basis of the reports referred to in paragraph 1, draw up a report drawn up for Germany and send it to the Federal Ministry for Transport, Building and Urban Development for forwarding to the Commission of the (3) The first transmission of data covers the two-year period from 1 January 2003 to 31 December 2004. Unofficial table of contents

§ 11 Checks by the Federal Office of Goods Transport, the Federal Police and the Customs Administration

This Regulation shall be applied by:

1.

the Federal Office for the Transport of Goods pursuant to Section 11 (2) (3) (m) of the Act on the Transport of Goods

2.

the Federal Police on entry into Germany of commercial vehicles from a third country to Germany in the framework of its security and

3.

the border customs service in the case of checks at the border crossing points and in the border area.

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§ 12 Entry into force

This Regulation shall enter into force on the first day of the third calendar month following the date of delivery. Unofficial table of contents

Final formula

The Federal Council has agreed. Unofficial table of contents

Appendix 1 (omitted)

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Appendix 2 (omitted)

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Appendix 3 (to § 10 para. 1)
Model of the form for the report to the Federal Office of Goods Transport on the number of controlled commercial vehicles and on infringements and measures in the case of identified technical maintenance deficiencies

Source of the original text: BGBl. I 2003, 781;
with regard to of the individual amendments. Footnote

State: .............. Federal Police/Customs Administration				Year: ...............
Lfd. No.	Type/content	Vehicles/Admissions country in the area
		Inland	Other EU/EEA States	Non-EU/EEA States	Total
1	Total number of controlled commercial vehicles
	of which
1.1	light commercial vehicle (3,5-12 t)
1.2	heavy duty vehicle (more than 12 tonnes)
1.3	Trailer
1.4	Semi-trailers
1.5	Load
1.6	Semi-trailer
1.7	Bus and coach
2	Total number of uncontested commercial vehicles
	of which deficiencies
2.1	Braking system and its components
2.2	Exhaust system
2.3	Exhaust gas turbidity (diesel engines)
2.4	Gaseous emissions (gasoline, natural gas or LPG engines)
2.5	Steering
2.6	Lighting and signalling devices
2.7	Wheels/tires
2.8	Suspension (visible defects)
2.9	Chassis (visible defects)
2.10	Tachograph (installation)
2.11	Speed limiters (built-in or function)
2.12	Exit of fuel and/or oil
3	Number/Rejections at EU/EWR external border
4	Number/Use provisionally prohibited