Directive 2008/96/EC of the European Parliament and of the Council of 19 November 2008 on road infrastructure safety management

Official gazette publicationOfficial Journal of the European Union, L 319, 29 November 2008
Publication Date09 Jul 2019
Consolidated TEXT: 32008L0096 — EN — 16.12.2019

02008L0096 — EN — 16.12.2019 — 001.001


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DIRECTIVE 2008/96/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 19 November 2008

on road infrastructure safety management

(OJ L 319 29.11.2008, p. 59)

Amended by:

Official Journal

No

page

date

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DIRECTIVE (EU) 2019/1936 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 23 October 2019

L 305

1

26.11.2019




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DIRECTIVE 2008/96/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 19 November 2008

on road infrastructure safety management



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Article 1

Subject matter and scope

1. This Directive requires the establishment and implementation of procedures relating to road safety impact assessments, road safety audits, road safety inspections and network-wide road safety assessments by the Member States.

2. This Directive shall apply to roads which are part of the trans-European road network, to motorways and to other primary roads, whether they are at the design stage, under construction or in operation.

3. This Directive shall also apply to roads and to road infrastructure projects not covered by paragraph 2 which are situated outside urban areas, which do not serve properties bordering on them and which are completed using Union funding, with the exception of roads that are not open to general motor vehicle traffic, such as bicycle paths, or roads that are not designed for general traffic, such as access roads to industrial, agricultural or forestry sites.

4. Member States may exempt from the scope of this Directive primary roads which have a low risk for safety, based on duly justified grounds connected to traffic volumes and accident statistics.

Member States may include in the scope of this Directive roads not referred to in paragraphs 2 and 3.

Each Member State shall notify to the Commission, by 17 December 2021, the list of motorways and primary roads on its territory and, thereafter, any subsequent changes thereto. In addition, each Member State shall notify to the Commission the list of roads exempted in accordance with this paragraph from, or included in the scope of, this Directive, and, thereafter, any subsequent changes thereto.

The Commission shall publish the list of roads notified in accordance with this Article.

5. This Directive shall not apply to roads in tunnels covered by Directive 2004/54/EC.

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Article 2

Definitions

For the purposes of this Directive, the following definitions shall apply:

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1. ‘trans-European road network’ means the road networks identified in Regulation (EU) No 1315/2013 of the European Parliament and of the Council ( 1 );

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1a. ‘motorway’ means a road, specially designed and built for motor traffic, which does not serve properties bordering on it and which meets the following criteria:

(a) it is provided, except at special points or temporarily, with separate carriageways for the two directions of traffic, separated from each other either by a dividing strip not intended for traffic or, exceptionally, by other means;

(b) it does not cross at level with any road, railway or tramway track, bicycle path or footpath;

(c) it is specifically designated as a motorway;

1b. ‘primary road’ means a road outside urban areas that connects major cities or regions, or both, belonging to the highest category of road below the category ‘motorway’ in the national road classification that is in place on 26 November 2019;

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2. ‘competent entity’ means any public or private organisation set up at national, regional or local level, involved in the implementation of this Directive by reason of its competences, including bodies designated as competent entities which existed before the entry into force of this Directive, in so far as they meet the requirements of this Directive;

3. ‘road safety impact assessment’ means a strategic comparative analysis of the impact of a new road or a substantial modification to the existing network on the safety performance of the road network;

4. ‘road safety audit’ means an independent detailed systematic and technical safety check relating to the design characteristics of a road infrastructure project and covering all stages from planning to early operation;

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6. ‘safety rating’ means the classification of parts of the existing road network in categories according to their objectively measured in-built safety;

7. ‘targeted road safety inspection’ means a targeted investigation to identify hazardous conditions, defects and problems that increase the risk of accidents and injuries, based on a site visit of an existing road or section of road;

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7a. ‘periodic road safety inspection’ means an ordinary periodical verification of the characteristics and defects that require maintenance work for reasons of safety;

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8. ‘guidelines’ means measures adopted by Member States, which lay down the steps to be followed and the elements to be considered in applying the safety procedures set out in this Directive;

9. ‘infrastructure project’ means a project for the construction of new road infrastructure or a substantial modification to the existing network which affects the traffic flow;

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10. ‘vulnerable road user’ means non-motorised road users, including, in particular, cyclists and pedestrians, as well as users of powered two-wheelers.

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Article 3

Road safety impact assessment for infrastructure projects

1. Member States shall ensure that a road safety impact assessment is carried out for all infrastructure projects.

2. The road safety impact assessment shall be carried out at the initial planning stage before the infrastructure project is approved. In that connection, Member States shall endeavour to meet the criteria set out in Annex I.

3. The road safety impact assessment shall indicate the road safety considerations which contribute to the choice of the proposed solution. It shall further provide all relevant information necessary for a cost-benefit analysis of the different options assessed.

Article 4

Road safety audits for infrastructure projects

1. Member States shall ensure that road safety audits are carried out for all infrastructure projects.

2. When carrying out road safety audits the Member States shall endeavour to meet the criteria set out in Annex II.

Member States shall ensure that an auditor is appointed to carry out an audit of the design characteristics of an infrastructure project.

The auditor shall be appointed in accordance with the provisions of Article 9(4) and shall have the necessary competence and training provided for in Article 9. Where audits are undertaken by teams, at least one member of the team shall hold a certificate of competence as referred to in Article 9(3).

3. Road safety audits shall form an integral part of the design process of the infrastructure project at the stage of draft design, detailed design, pre-opening and early operation.

4. Member States shall ensure that the auditor sets out safety critical design elements in an audit report for each stage of the infrastructure project. Where unsafe features are identified in the course of the audit but the design is not rectified before the end of the appropriate stage as referred to in Annex II, the reasons shall be stated by the competent entity in an Annex to that report.

5. Member States shall ensure that the report referred to in paragraph 4 shall result in relevant recommendations from a safety point of view.

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6. The Commission shall provide guidance for the design of ‘forgiving roadsides’ and ‘self-explaining and self-enforcing roads’ in the initial audit of the design phase, as well as guidance on quality requirements regarding vulnerable road users. Such guidance shall be developed in close cooperation with Member State experts.

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Article 5

Network-wide road safety assessment

1. Member States shall ensure that a network-wide road safety assessment is carried out on the entire road network in operation covered by this Directive.

2. Network-wide road safety assessments shall evaluate accident and impact severity risk, based on:

(a) primarily, a visual examination, either on site or by electronic means, of the design characteristics of the road (in-built safety); and

(b) an analysis of sections of the road network which have been in operation for more than three years and upon which a large number of serious accidents in proportion to the traffic flow have occurred.

3. Member States shall ensure that the first network-wide road safety assessment is carried out by 2024 at the latest. Subsequent network-wide road safety assessments shall be sufficiently frequent in order to ensure adequate safety levels, but in any case shall be carried out at least every five years.

4. In carrying out the network-wide road safety assessment, Member States may take into account the indicative elements set out in Annex III.

5. The Commission shall provide guidance on the methodology for carrying out systematic network-wide road safety assessments and safety ratings.

6. On the basis of the results of the assessment referred to in paragraph 1, and for the purpose of prioritisation of needs for further action, Member States shall classify all sections of the road network in no fewer than three categories according to their level of safety.

Article 6

Periodic road safety inspections

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