Omnibus II: Extended validity of roadworthiness checks

Omnibus II: Extended validity of roadworthiness checks
17/3/2021Press releases

The validity of roadworthiness checks is extended by 10 months from the original validity in the entire EU. The Regulation applies to checks, which expired or would have expire between 1 September 2020 and 30 June 2021. Checks, which expired between 1 February and 31 August 2020 were previously extended by 7 months. It is not possible to extend the validity of roadworthiness check that has already been extended.

Omnibus II: Extended validity of roadworthiness checks

The Omnibus II Regulation applies to:

•    The validity of regular roadworthiness checks and validity of roadworthiness certificates (i.e. validity, which expired or would have expire between 1 September 2020 and 30 June 2021, is extended by 10 months).

The Omnibus II Regulation does not apply to:

•    Registration check certificates;
•    Extension of validity of roadworthiness certificates in case of a 30-days deadline to re-take roadworthiness check;
•    Validity of regular roadworthiness check and roadworthiness certificate that was extended by Omnibus I Regulation (i.e. validity, which expired between 1 February and 31 August 2020 , was extended by 7 months – further extension is not possible).
• Category O1 and O2 trailers (trailers for passenger cars up to 3.500 kg);
• Category L motorcycles;
• Tractors and category T, R, C, and OT trailers with a maximum design speed not exceeding 40 km/h;
• Category Z road vehicles designed for driving on snow and ice.


    

Examples of real situations

1.    The validity of a regular roadworthiness check expires on 20 May 2021. Does the Omnibus II Regulation apply to this situation? If yes, when is the last day to take a roadworthiness check?

Answer: YES, the Omnibus II Regulation applies to this situation. The validity is extended by 10 months, i.e. until 20 March 2022.

2.    The validity of a regular roadworthiness check expires on 2 July 2021. Does the Omnibus II Regulation apply to this situation? If yes, when is the last day to take a roadworthiness check?

Answer: NO, the Omnibus II Regulation does not apply to this situation. The original validity until 2 July 2021 is maintained.

3.    The validity of regular roadworthiness check, which expired on 2 May 2020, was extended by 7 months under Omnibus I Regulation, i.e. until 20 December 2020. Does the Omnibus II Regulation apply to this situation? If yes, when is the last day to take a roadworthiness check?

Answer: NO, the Omnibus II Regulation does not apply to this situation. It is not possible to apply provision in Art. 5 (1) and (2) of Omnibus II Regulation to the validity, which has already been extended by Omnibus I Regulation. Once the validity expires, the vehicle is not roadworthy and the vehicle’s operator cannot use such vehicle on roads. In addition, we need to point out that invalid roadworthiness certificate affects liability insurance for operating a vehicle.

4.    I went to a regular roadworthiness check on 15 February 2021. The technician discovered a serious defect and limited my roadworthiness certificate for 30 days, i.e. until 15 March 2021. Does the Omnibus II Regulation apply to the 30 days extension?

Answer: NO, the Omnibus II Regulation does not apply to this situation. After expiration of 30 days deadline to re-take a roadworthiness check, the vehicle is not roadworthy and the vehicle’s operator cannot use such vehicle on roads.

5.    I went to a registration check on 20 February 2021. Does the Omnibus II Regulation extend the 30 days deadline to request a change of vehicle’s owner or operator in road vehicle register?

Answer: NO, the Omnibus II Regulation does not extend the validity of registration check certificate.

6.    My vehicle is out of service (i.e. in a depository). If the validity of roadworthiness check and certificate expired on 25 January 2021, does the Omnibus II Regulation apply?

Answer: YES, the Omnibus II Regulation applies to this situation. The validity was extended by 10 months, i.e. until 25 November 2021.

Legislation

On 22 February 2021, the Regulation (EU) 2021/267 of the European Parliament and of the Council of 16 February 2021 laying down specific and temporary measures in view of the persistence of the COVID-19 crisis concerning the renewal or extension of certain certificates, licences and authorisations, the postponement of certain periodic checks and periodic training in certain areas of transport legislation and the extension of certain periods referred to in Regulation (EU) 2020/698 (the Omnibus II Regulation) was published in the Official Journal of the EU.

Article 5 paragraph 1 of Regulation states, “Notwithstanding Article 5(1) and Article 10(1) of Directive 2014/45/EU and point 8 of Annex II to that Directive, the time limits for the roadworthiness tests which, in accordance with those provisions, would otherwise have had to or would otherwise have to be carried out between 1 September 2020 and 30 June 2021 shall be deemed to be, or to have been, extended for a period of 10 months.”

Article 5 paragraph 2 of Regulation states, “Notwithstanding Article 8 of Directive 2014/45/EU and point 8 of Annex II to that Directive, the validity of roadworthiness certificates with a date of expiry between 1 September 2020 and 30 June 2021 shall be deemed to be, or to have been, extended for a period of 10 months.”



 
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