The approach by Cláudia Monteiro de Aguiar (S&D, Portugal) is less market-driven than that of the European Commission in its draft report on the proposal for a revision of the 2006/1/EC directive relating to the use of heavy duty vehicles without drivers in the transport of merchandise by road published on 20 December last and which is part of the first "mobility" package presented by the Commission 31 May (see EUROPE 11799).
In this draft text, the Commission is examining the liberalisation of the regulation on company hirings of vehicles without drivers so that they can transport merchandise. The Commission effectively considers that directive 2006/1/EC currently in force has not fully promoted the use of hired vehicles that increase operational flexibility of the companies concerned.
It is therefore proposing to abolish certain barriers at both national and Union levels. In this connection it is advocating an end to restrictions on the use of hired vehicles with a gross vehicle weight above six tonnes for own account operations that states can impose on companies established on its territory.
On this first point, Monteiro de Aguiar is of the opinion that the restriction must be maintained in effort to tackle unfair competition and negative environmental consequences.
Hiring vehicles on the territory of another member state. The Commission is suggesting limits to the restrictions that member states can impose on a company established in its territory with regard to using vehicles that our hired out in another member state of the EU. Therefore, if a vehicle hired was registered or put on the roads in compliance with the legislation of the state of “reception”, the latter should authorise the use of this vehicle on its territory. If this is not the case, a restriction on time could be imposed but not for less than four months in the calendar year.
On this second point, the rapporteur considers that if there is no registration or a lack of respect for operational and safety standards or compliance with its legislation, a state can effectively limit to four months the use of a vehicle hired in another member state. In addition to the limitation involving duration, Ms Monteiro de Aguiar is also of the opinion that a state can limit the number of authorised hired vehicles, with the limit corresponding to at least 25% of the total fleet owned by the company in question or at least one vehicle, if the company owns less than four vehicles. In this respect and following the reasons put forward by the Commission, this will involve taking into account the significant differences at a level of taxation in road transport that exists in the different member states. (Original version in French by Lucas Tripoteau)