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24.10.2022

EN

Official Journal of the European Union
L 274/3

2.
This Directive shall not affect the Member States right, with due regard to Union law, to carry out checks on the national and international transport of dangerous goods within their territories performed by vehicles not covered by this Directive.

Article 2
For the purposes of this Directive, the following definitions apply:
a vehicle means any motor vehicle intended for use on the road, whether complete or incomplete, which has at least four wheels and a maximum design speed exceeding 25 km/h, together with its trailers, with the exception of vehicles which run on rails, of agricultural and forestry tractors and of all mobile machinery;
b dangerous goods means dangerous goods as defined in Article 1, point b, of the Agreement Concerning the International Carriage of Dangerous Goods by Road ADR, concluded at Geneva on 30 September 1957, and in Annexes A and B to that Agreement, as referred to in Section I.1 of Annex I to Directive 2008/68/EC;
c transport means any road transport operation performed by a vehicle wholly or partly on public roads within the territory of a Member State, including the loading and unloading of goods covered by Directive 2008/68/EC, without prejudice to the arrangements laid down by the laws of the Member States concerning liability in respect of such operations;
d undertaking means any natural or legal person, whether or not profit-seeking, any association or group of persons without legal personality, whether or not profit-seeking, and any body coming under a public authority, whether itself possessing legal personality or dependent on an authority having such personality, which carry, load or unload dangerous goods or cause them to be carried, and those which temporarily store, collect, package or take delivery of such goods as part of a transport operation and are located in the territory of the Union;
e check means any check, control, inspection, verification or formality carried out by the competent authorities for reasons of safety inherent in the transport of dangerous goods.

Article 3
1.
Member States shall ensure that a representative proportion of consignments of dangerous goods transported by road is subject to the checks laid down by this Directive, in order to check their compliance with the laws on the transport of dangerous goods by road.
2.
Such checks shall be carried out in the territory of a Member State in accordance with Article 3 of Regulation EC
No 1100/2008 and Article 1 of Regulation EEC No 3912/92.

Article 4
1.
In order to carry out the checks provided for in this Directive, the Member States shall use the checklist set out in Annex I.A copy of that checklist or a certificate showing the result of the check drawn up by the authority which carried it out shall be given to the driver of the vehicle and presented on request in order to simplify or avoid, where possible, subsequent checks.
The first subparagraph shall not prejudice Member States right to carry out specific measures for detailed checks.
2.

The checks shall be random and shall as far as possible cover an extensive portion of the road network.

3.
The places chosen for the checks shall permit infringing vehicles to be brought into compliance or, if the authority carrying out the check deems it appropriate, to be immobilised on-the-spot or at a place designated for that purpose by that authority without causing a safety hazard.