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Directive 2004/112/EC Implementation in Austria. G. Kafka. Checks adapted according to Directive 2004/112/EG. Modification of checklist and statistics of checks Classification of detected defects (not infringements) into danger categories I, II and III
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Checks adapted according to Directive 2004/112/EG • Modification of checklist and statistics of checks • Classification of detected defects (not infringements) into danger categories I, II and III • For the classification the following is relevant • The criteria in § 15a GGBG • The examples for risk categories I, II and III in the Directive • The Austrian Catalogue of Defects: http://www.bmvit.gv.at/verkehr/gesamtverkehr/ gefahrgut/downloads/MaengelkatalogRev0.pdf
DANGER CATEGORIES Defects shall be classified into danger category I, where the defect may be suitable to lead to a high danger of death or serious personal injury or significant damage to the environment II, where the defect may be suitable to lead to a danger of serious personal injury or significant damage to the environment and is not subject to category I III, where the defect is connected with a low danger of personal injury or damage to the environment and is subject neither to category I nor to category II
EXAMPLES FOR RISK CATEGORIES I, II AND III IN THE DIRECTIVE • Some are disputable f. i. • category II/3: fire extinguishers • …. • ….
Catalogue of Defects, Principles • Defects, that impede the correct classification (lack of essential information in order to assess whether criteria for category I are fulfilled) are always deemed as category I until the necessary information is available. • The following examples may in any case be seen as appropriate corrective measures at the site of control: completion of the transport document, subsequent supply of the written instructions
Catalogue of Defects, Principles • Where in the classification of a dangerous good for safety reasons a danger which cannot be excluded has been considered or has been assessed higher than in the concrete case this shall not lead to objection: f. i. packing group, border cases of dangerous properties (flashpoint) • Defects belonging to the (general) motor vehicles law shall be assessed according to the ordinance on periodical vehicle inspections; the higher danger potential may however be considered
Catalogue of Defects, Principles • Where in a concrete case the conditions for an exemption according to 1.1.3, 1.5.1 or § 9 GGBG are not met the resulting defects shall be assessed according to the applicable provisions. Where however markings or entries in the transport document related to exemptions which in a concrete case are applicable are lacking these defects shall be assessed according to the checklist positions for the marking / transport document only • Formal defects for which in the description of defects no definitive classification has been allocated and which in the individual case have no influence to safety shall be classified as category III
CHECKS BEFORE 2004/112 • Immobilization where defects of any kind were not remediable at the site of control under prescribed conditions • Checks in premises by personnel of the traffic work inspection • Customs authorities: d. g. controls together with customs/border controls
CHECKS AFTER 2004/112 • Immobilization, where defects of categories I or II are detected or where appropriate the preliminary financial security has not been paid • Authorities which are entitled to roadside checks are also entitled to checks on premises • Customs authorities: d. g. controls merely in connection with controls on consumption taxes (f. i. Mineral oil tax)
PENALTIES BEFORE 2004/12 two groups of violators 1: (range 726€ - 43603€) carrier, consignor, third party, training provider 2: (range 72€* - 3633€) packer, filler, tank operator, loader, consignee, enterprise (DGSA), DGSA, driver (*alcoh.: 363€), other violators
