Position Paper

ADAC Recommendations forthe 2014 European ElectionsMaking Mobility Sustainable

Contents

3 Preface

4 – 6 Making Mobility Affordable for All Citizens

K Pan-European Infrastructure: the Trans-European Networks

K Making Mobility Affordable: Fighting Negative Effects at the Source

K Taxation in Moderation: Revision of the Energy Taxation Directive

7 – 9 Understanding Safety as the Central Task of Transport Policy

K Improving the Safety of Young Drivers

K Facing the Challenges of Demographic Change

K No-boundaries Road Safety: Fighting “Driving Licence Tourism”

K Innovation for More Road Safety: Assistance Systems and the

On-board Rescue Sheet

K Minimising the Road Safety Threat Posed by Long HGVs

10 – 11 Innovation Through Connected Mobility

K Connected Vehicle: Ensuring Freedom of Choice and Privacy

K Promoting Intelligent Transport Systems

K AdvancingtheProvisionofReal-timeTrafficInformation12 – 14 Making Mobility Sustainable

K Promoting Eco-friendly Vehicles – Establishing Realistic Test Cycles

K Expanding the Infrastructure for Alternative Drive Systems

K ProvidingIncentivesforCity-compatibleRoadTraffic K Improving Air Quality, Reducing Emissions at the Source

15 – 18 Making the Internal Market Consumer-friendly

K Strenghtening Legal Certainty with Respect to Cross-border Accidents

K Preventing EU-wide Vehicle Owner’s Liability

K Assistance in Minor Lawsuits

K Strengthening Consumers’ Rights as Travellers

K Strengthening Consumers’ Rights Through More Competition

K Fighting Odometer Fraud

Published by:Allgemeiner Deutscher Automobil-Club e.V., Transport AffairsHansastrasse 19, 80686 MunichInternet: Go to www.adac.de/infotestrat/ratgeber-verkehr, then click onFachinformationen/Kosten der Mobilität/InteressenvertretungBlog: forummobilitaet.wordpress.com

Distribution:You can order this brochure directly fromADAC e.V., Ressort Verkehr, Hansastrasse 19, 80686 München,Fax: +49 89 76 76 45 67, e-mail: verkehr.team@adac.de, quoting article no. 2842742.

All rights reserved. No part of this brochure may be reproduced in any formor by any electronic or mechanical means without permission from ADAC e.V.

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Contents

3ADAC Recommendations

Preface

Europe: In addition to its political meaning, the name has come to symbolise one thing in particular: open borders. The elimination of border controls and barriers is not only an elementary prerequisite for trade and economic pros-perity, but also guarantees peace and freedom in Europe.

As statistics show, mobility is a driving force for our continent’s economic development: passenger car traffic alone generates over one trillion Euros per year across Europe. The mobility sector accounts for 350 billion Euros – or eight percent of the total tax revenue of all EU Member States – in public sector tax revenues. The effects of mobility on employment are also impres-sive. Seven percent of the European workforce are employed in jobs directly generated by passenger car traffic. This translates into 16 million people, or the entire population of the Netherlands.

However, these cold figures can merely hint at the interpersonal and political value of mobility. Open borders enable international mobility and connect people of different origins. Thus, mobility is the basis for free movement, exchange and getting to know each other. Mobility brings people together and is the prerequisite for a peaceful Europe which will grow even closer together in the future.

At the same time, mobility is a complex and diverse subject: we face the question daily of how to design mobility today to meet the requirements of tomorrow. More and more political decisions concerning transport and mobility are taken in Brussels and implemented nationally. Therefore, Allgemeiner Deutscher Automobilclub (ADAC e.V.) has promoted consumer interests at European level on behalf of its members for many years.

One thing is certain though: future mobility concepts must be sustainable. From the ADAC perspective, this goal will be achieved by adapting mobility to the needs of road users and consumers and by using technological advances to make cars safer and more ecological. At the same time, mobility must remain affordable for all citizens. Policy makers can provide the adequate framework for a well-functioning competitive environment and for technolo-gies with potential for the future. These are what ADAC considers to be the drivers of tomorrow’s sustainable and consumer-friendly mobility.

Ulrich Klaus Becker ADAC Vice President Transport

Preface

ADAC Recommendations4

Making Mobility Affordable for All CitizensA modern, collaborative society is essential for a prospering Europe. In this context, mobility is one of several decisive prere-quisites. The basis for such mobility is an efficient infrastructure for the benefit not only of businesses trading goods and services throughout Europe, but also of motorists who commute to work every day. All economics aside, there is also a beneficial human aspect: mobility connects people! This applies as much to the re-sidents of both rural and metropolitan areas as it does to young people, for whom flexibility and mobility are self-evident neces-sities of daily life, and to senior citizens who want to maintain their mobility up to an old age. A necessary prerequisite is that mobility remain affordable. Therefore, ADAC is working to pre-vent automotive mobility from becoming a luxury and to keep it affordable for the citizens of Europe.

Pan-European Infrastructure: the Trans-European Networks

Toaccomplishthegoalofasinglemarket,Europeneedsareliable,effici-ent and safe transport infrastructure. Naturally, the EU Member States have focussed especially on their national roadways. Therefore, it is a welcomedevelopmentthattheEUCommissionhasdefinedTrans-Euro-pean Transport Networks (TEN-T). These networks comprise the most important intra-European links and constitute the backbone of transport and mobility in Europe. The EU Commission’s goal is to complete the TEN-T core network by the year 2030.

The implementation of this generally positive scheme merits closer scrutiny in several respects: of the 30 priority projects to be completed by 2020, only three actually address the road infrastructure in connection with mixed rail-road projects. The main focus is on rail transport.

However, an improved rail infrastructure can only make a very limited con-tribution to the targeted modal shift. In 2011, 81 % (European Commissi-on, Transport in Figures, 2012) of European freight transport on land was by road. Passenger transport by road was as much as 92 %. A 20 % reduc-tion of freight transport by road would only be feasible by almost doubling the freight volume currently transported by rail. The passenger transport situation is similar: a 10 % reduction of passenger transport by road would only be feasible by an approx. 109 % increase in passenger transport by rail. The railway network will hardly be able to live up to such expectations. However, any transport policy should be realistic. Therefore, ADAC recom-mends a practical approach to expanding the Trans-European Road Net-work (TERN), unburdened by ideology. One priority would be to remove the many existing road bottlenecks.

Source: Eurostat, 2011, EU 27

Distribution among on- land modes of transport.How do Europeans travel?

92 %Road

8 %Rail

Affordable

5

is the total annual amount of taxes paid by European motorists.

of the tax volume of the EU Member States comes from passenger car transport.

Source: European Commission

Shifting Passenger Transport from the Road to the Rail Network?

350 billion

8 %

0

5,500

Bn

pkm Road

2011:5,457 bnpkm

–546 bn pkm –10 %by Road

A 109% increase in passenger transportby rail would be needed for a 10% reduction inpassenger transport

+109 % by Rail

2011:

Road Rail

+546 bn pkm

500 bn pkm

ADAC Recommendations

Making Mobility Affordable: Fighting Negative Effects at the Source

An efficient infrastructure costs money. Therefore, issues such as the maintenance and improvement of existing roads as well as building new roadsinevitablyraisethequestionofhowtofinancethem.TheEUCom-mission has revised the Eurovignette Directive (1999/62/EC) in order to make users of the infrastructure bear more of its costs. For this purpo-se, a charge is to be levied for external costs which, according to the EU Commission,includenoiseandairpollutionaswellastrafficcongestion.Should this amended Directive be implemented, Member States whose roads are currently toll-free might introduce a road toll for passenger cars as a result. ADAC takes a different view on this subject. An important goal is to reduce the negative effects of noise and air pollution at the source, e.g. by means of low-noise pavements or improved drive technologies. However,unlikenoiseandpollutantemissions,trafficcongestiondoesnotresultinanysocialcosts.Inotherwords:roadusersstuckinatrafficjamare already made to bear the consequences, e.g. in the form of delays or personnel and operating costs. A congestion charge would also seem un-just.Whiletimelostinatrafficjamisaburdenequallysharedbyallroadusers, high road use charges would mainly affect low-income road users.

Affordable

6

Such a scheme would also encourage misuse: Thus, the government, which provides the infrastructure, could maximize its revenue by levying a congestion charge while deliberately underfunding the infrastructure. ADAC objects to any further increase in the cost of mobility. In many EU Member States, the sums motorists pay for vehicle excise duty, energy taxes and road tolls already far exceed any investments in infrastructure. For instance, German motorists contribute some €53 billion annually to thenationalbudgetintheformofspecificcharges.Incontrastthereto, no more than some €19 billion is invested in the German road infrastruc-tureeachyear(source:FederalStatisticalOfficeofGermany).Aconge- stion charge would even increase this imbalance.

Taxation in Moderation: Revision of the Energy Taxation Directive

Motorists may also be in for an increase in costs from different quarters – for instance, in the wake of the announced revision of the Energy Taxati-on Directive (2003/96/EC). According to the proposal, the minimum rate of taxation for diesel fuel should no longer be based on volume, but on energy content and on CO2 emissions. In Germany, this would make diesel fuel much more expensive due to its higher energy content. ADAC is quite concerned about the EU Commission’s plans. Many EU Member States have finelyadjustedtaxationsystemswhichmakeallowancesfortheirparticularnationalsituation.TheEUCommission’sproposaldoesnotreflectthis.Forinstance, in Germany a lower energy tax rate applies to diesel as compared to petrol. However, this does not mean that diesel is favoured over petrol. On the contrary, a much higher vehicle excise duty on diesel vehicles offsets the lower energy tax rate. Moreover, as early as 1999, the German government introduced an eco-tax as a component of the energy tax. As a consequence consumers pay 18.3 euro cents more per litre of petrol and diesel. So, for over 10 years, German motorists have paid an additional tax for explicitly ecological reasons, which takes CO2 emissions into account directly via fuel consumption.ADACtakestheviewthatthistaxburdenmustdefinitelybetaken into consideration or even deducted.

ADAC Recommendations

At a GlanceKAnefficientinfrastructureiskey

to economic prosperity and mo-bility across national borders.

K The money already paid by European motorists today far exceeds investments in the maintenance and improvement of the road infrastructure. Con-sequently,thereisnojustifica-tion to increase the road users’ financialburden.

K Mobility must not become a luxury. Therefore, ADAC is wor-kingtopreventfurtherfinancialburden for motorists – whether in the form of external costs or higher taxes.

Affordable

7

Improving the Safety of Young Drivers

Optimal driver education is the ideal basis for safe driving. It is a striking fact that the majority of road accident victims in Europe are young dri-vers between 18 and 24 years of age. In Germany, this age group only accounts for some ten percent of the population but causes more than 25 % of all fatal accidents as car drivers (source: Federal Statistical OfficeofGermany).

Optimal driver education can help reduce the risk of road accidents. Even today, there are still vast differences between the EU Member States in terms of driver education, ranging from layman driver training in Great Britain to the Austrian multi-phase model. ADAC’s recommendation to the Member States is to take successful methods from other countries as ex-amples in the sense of best practice models. For instance, the multi-pha-se driver education system on trial in Austria has delivered very promising results. The applicability of such systems in other countries with similar conditions,e.g.inGermany,wouldbewellworthexamininginafieldstudy.

In this case, the European Union could have the edge by establishing a benchmark system and promoting the exchange of information between its Member States.

Facing the Challenges of Demographic Change

Road safety work increasingly focuses not just on young drivers but also on senior road users. This is due not least to the demographic change having an ever-growing effect on mobility issues. Thus, the number of senior road users will be much higher in the future.

The EU Member States are tackling this challenge in very different ways. Inparticular,differentrulesapplytodrivingfitnesstests.Shouldthepolicytowards senior drivers in the EU be harmonised, ADAC will oppose the

Understanding Safety as the Central Task of Transport PolicyIt will take intensive efforts to further reduce the number of accidents on European roads. Therefore, ADAC is continuously working to make road traffic safer. State-of-the-art vehicles and safe roads can help prevent accidents. Moreover, electronic assistance systems such as eCall enable quicker rescue of accident victims. However, well-trained road users with a heightened awareness for the risks of road traffic are an indispensable prerequisite for more road safety.

1,448,317

26,200

European road users were injured in road accidents in 2011.

people died on European roads in 2013.

ADAC Recommendations

Development of road fatalities in Europe(EU 27)

2007 2008 2009 2010 2011 2012 2013

Fatalities

45000

40000

35000

30000

25000

20000

Source:FederalStatisticalOfficeofGermany

Safe

8

implementationofcompulsorydrivingfitnesstests.ADACtakestheviewthatseniorcitizensaredefinitelynotaproblematicgroupofroadusers.On the contrary, they cause fewer accidents involving personal injuries thananyotheragegroup(source:FederalStatisticalOfficeofGermany).However, as pedestrians and cyclists, older road users are particularly at risk. ADAC takes an information and awareness approach. In particular, high-profilecampaignsshouldinformtheEuropeanpublicaboutvoluntaryhealthchecksandabouttrainingcoursesdesignedtokeeproadusersfitfor driving. The European decision-makers should make this issue a more integral part of their own road safety work.

No-boundaries Road Safety: Fighting “Driving Licence Tourism”

Afterhavingtheirdrivinglicencerevokedforatrafficoffence,manymotoriststry to get it back as soon as possible. This is where the risks associated with a “Europe of no boundaries” become evident, because the legal requi-rementsforreinstatementofone’sdrivinglicenceafterseriousroadtrafficoffences differ greatly. For instance, in some countries, driving under the influenceofalcoholordrugsissanctionedwithdrivingbansofuptoseveralyears and subsequent automatic reinstatement; German laws provide shor-terdrivingbansandindividualdrivingfitnessassessments.Inmanycasesa medico-psychological examination (medizinisch-psychologische Untersu-chung, MPU) – unknown in other EU Member States – is required in Ger-many. In order to avoid the MPU, many banned drivers obtain a new driving licence abroad, in a country where they pretend to have their residence. As a consequence, thousands of unsuitable drivers holding EU driving licences must be tolerated on the roads until they commit another offence. Seeing an urgent need for action here, ADAC calls for a quick, binding revision of the legal requirements for the reinstatement of suspended driving licences in the interest of road safety.

Innovation for More Road Safety: Assistance Systems and the On-board Rescue Sheet

Not even the most safety-minded drivers are immune to making mis-takes.Technicalassistancesystemsprovideadecisivebenefithere.This applies, for instance, to the eCall service which automatically emits an emergency call after an accident. ADAC expressly welcomes the EU Commision’s plan to make the use of the Europe-wide eCall service a legal requirement. According to estimates, the improved emergency services res-ponse times will help save up to 2,500 lives each year and dramatically reduce the severity of injuries in 15 % of the casualties (source: Federal StatisticalOfficeofGermany).

In addition to eCall, new telematics technologies will render further safety-relevant functions feasible, e.g. for car-to-car communication or car-to-infrastructure communication. This will enable services such as real-time traffic information or traffic jam ahead warnings. ADAC backs the EU’s plans to introduce further safety-relevant services. However, with a view to consumer rights protection, a soundly founded discussion of such issues as data protection and liability will be necessary.

2,500human lives could be saved annually by employing the eCall system across Europe.

ADAC Recommendations

On-board Rescue Sheet

Certificate of ParticipationADAC FahrFitnessCheck(ADAC Driving Fitness Check)

Safe

9

State-of-the-art automotive technology can also improve the chances of survival in an accident. However, in some cases sturdy bodywork makes it moredifficulttoquicklyextractvehicleoccupantsafterseriousaccidents.The on-board rescue sheet introduced by ADAC shows rescue workers where to apply their spreading and cutting equipment on the bodywork of various models. To ensure quick propagation of the ADAC on-board rescue sheet, users can currently access the relevant versions on-line and print them out. Moreover, ADAC suggests to enable EU-wide electronic trans-missionoftherescuedatatofirstresponders.Forinstance,thedatasettransmitted by eCall could be supplemented by rescue sheet information.

Minimising the Road Safety Threat Posed by Long HGVs

Conflictinggoalscomeupratherfrequentlyintransportpolitics.Road safety aspects as well as ecological, economical and social aspects must be analysed in each individual case and require adequate consideration. This applies, in particular, to the revision of Directive 96/53/EC which definesthelengthandweightlimitsforHGVsinEurope.Basically,theplanned revision aims to optimise the aerodynamics of HGVs so as to increasetheirenergyefficiencyandreducetheirCO2 emissions. ADAC unreservedly supports these goals.

This can be achieved by simply adapting the authorised maximum vehicle length within reasonable limits – e.g. in order to optimise the driver’s cab – and a small increase in authorised maximum weight when using alterna-tive drives. An increase in vehicle volume by extending the authorised ma-ximum length up to 25.25m must comply with road safety requirements. ADAC takes the view that the use of such vehicles primarily on defined, suitable routes, e.g. between seaports, combined transport stations, inlandportsandlogisticscentres,wouldbemoreefficientandreduce thetrafficload.Incontrastthereto,increasesinpayloadwouldposeaconsiderable structural threat to roads and bridges. Therefore, ADAC opposes such measures.

At a GlanceK Improvements in road safety are

of key importance. Optimised driver education may provide a decisive advantage in this respect.

K The awareness of senior road users for the consequences of getting older should be increa-sed and they should be infor-med about the option of volun-tary health checks.

K Drivers who have had their dri-vinglicencerevokedforatrafficoffence should not be allowed to immediately apply for a new one outside their country of residence.

K The introduction of electronic assistance systems such as eCall can save lives.

K For the sake of road safety, the maximum length and weight of HGVs should only be increased moderately.

ADAC Recommendations

Safe

10

Connected Vehicle: Ensuring Freedom of Choice and Privacy

The cars on our roads are turning more and more into mobile sensors. They collect data about themselves, their users and the environment in which they move. First of all, car drivers – and their fellow road users –canprofitconsiderablyfromthisdevelopment,e.g.bysafety-relevantalertsortrafficinformationinrealtime.Ontheotherhand,technologi-cal advances offer not only advantages but also entail risks. Therefore, policy makers should handle this subject very delicately and establish the framework for its further development in consideration of consumer protection aspects.

In this context, ADAC recommends three key principles which should be ensured: First, much more weight should be given to data protection and to individual privacy. Thus, European motorists should know at all times what data about them is collected and for what purpose it will be used. This principle should also apply to the EU Commission’s plans to simplify cross-bordermotorvehicleregistration.ADACisinfavourofsuchsimplification.However, there is some concern about demands for implementing RFID chips(Radio-FrequencyIdentificationDevice)onlicenceplates.Thistech-nology enables remote, clandestine data transmission – without approp-riate restrictions, this would enable unlimited surveillance of both vehicles and drivers. With a view to data protection, ADAC opposes such practices. On the contrary, each consumer’s right to informational self-determination must be safeguarded.

Second, consumers’ freedom of choice must be ensured as well. Mo-torists should have the right to decide for themselves by which service provider they wish to have their vehicle – and in particular its telematics components – serviced and repaired. To ensure such freedom of choice, non-discriminatory access to vehicle data must be guaranteed as a third key principle. Otherwise, independent operators would be unable to access the vehicle data and offer their services. A free market based

ADAC Recommendations

Innovation Through Connected MobilityConnected mobility is currently a popular buzzword. One re-ason for the increasing importance of this phenomenon is advancing digitisation. In the present day and age, large data volumes are acquired and processed automatically. Commu-nication networks are available almost anywhere and allow access to novel, information-based services – any place, any time. In order to benefit from this new development, invest-ments will be required not only in vehicles but also in road infrastructure. This is the only way to ensure compatibility. Moreover, there is an increasing need to focus on safe- guarding individual privacy and on data protection aspects.

Infrastructure

other cars

Communication

Source: ADAC

Connected Mobility

Innovative

11

on open standardised interfaces to telematic systems will promote innovation and fair pricing ensuring the plurality and quality of products which are in the very interest of consumers.

Promoting Intelligent Transport Systems

Connected mobility is not limited purely to technological developments in vehicles. Rather, the term also covers further aspects such as intelligent transport systems or a communicating infrastructure. The ITS Directive (2010/40/EU)definesatotalofsixtopics,including:preparatorymea-sures for the use of an EU-wide eCall system, free-of-charge transmission ofsafety-relevanttrafficinformation,aswellasprovidinginformationonsecure truck parking areas.

Moreover, there are plans to provide multimodal travel information services aswellasreal-timetrafficinformationservicesandbookingservicesforsecure truck parking areas by means of delegated acts. ADAC supports any efforts to achieve EU-wide compatibility, interoperability and continuity in the aforementionedtechnologicalfields.However,anyimplementationthereofshould respect the subsidiarity of the EU Member States. The advisory bodies of the EU Commission must be open for participation to all interes-tedstakeholders.Specificationsshouldbewordedinaneutralmanner,notfavouring any particular technology or manufacturer, and the relevant techni-cal standardisation bodies (CEN, ETSI) should be involved as well. To ensure democratic legitimation, the European Parliament and the European Council willhavetopassdelegatedregulationsthatwillhaveaconsiderablefinan-cial impact on the Member States.

Advancing the Provision of Real-time Traffic Information

In connection with the ITS Directive, the provision of comprehensive, reliableandup-to-datetrafficinformationisofparticularimportance.This is an area of great potential for a large number of innovative connected-mobility services.

TheEuropeanCommissionintendstointroduceadelegatedactdefiningtheroles, tasks and obligations of the public and private players in the value chain.ADACisinfavourofprovidingtoallroadusersabasicrangeoftrafficinformationatnocharge,includingmorethanjustsafety-relevanttrafficalerts. Since consumers are hardly prepared to pay for such services, ADAC is working to see private providers adequately paid by the public sector for theirtrafficdataandtrafficinformation.Otherwise,viablebusinessmodelswill not become a reality. In this connection, private service providers should have easier access to data and information generated or collected using pub-lic resources. ADAC suggests to place providers in public and private trans-port under a contractual obligation to make real-time information about their transport services, their quality and any disruptions available to other players without discrimination.

At a GlanceK The connected vehicle frame-

work conditions should be desi-gned to ensure the consumers’ privacy and freedom of choice.

K When developing intelligent transport systems, all voices should be heard and democratic legitimation should be ensured.

K No two-tiered society when it comes to road safety: safety-relevant information should continue to be available to all road users at no charge.

ADAC Recommendations

Innovative

12

Promoting Eco-friendly Vehicles – Establishing Realistic Test Cycles

Measuresdesignedtoreduceemissionsinurbantrafficmustbeeffectiveright at the source of the emissions. For instance, continuously lowered exhaust gas and CO2 limits will lead to a gradual, effective reduction in pollutant emissions. In this context, an important step would be to prescribe a CO2limitof95g/kmperfleetbytheyear2021.

Since the automotive industry has long product cycles, a long-term goal go-ingbeyondtheyear2021shouldbedefinedassoonasdataisavailableonthe market penetration and cost development of alternative drive systems.

In order to further promote the sale of eco-friendly vehicles, it is particu-larly important to answer consumers’ needs and concerns even more. Easy-to-understand consumer information may help here to dispel any uncertaintyamongusers,forinstancewithregardtofuelefficiency, thereby motivating them to buy eco-friendly vehicles.

Therefore,ADACrecommendstorevisetheenergyefficiencylabellingfornew passenger cars (1999/94/EC) in a manner ensuring a clear, uniform design throughout the EU. The CO2 limits and the passenger car label shouldbebasedonrealisticfuelefficiencydata.Thecompetentinterna-tional body (UNECE) is currently working on a new test cycle and a new measuringmethod,designedtoprovideevenmoreprecisefuelefficiencydata in the future. ADAC welcomes this step and encourages the political decision-makers to implement the new test cycle from 2017 onwards.

Expanding the Infrastructure for Alternative Drive Systems

In the context of improved consumer information, an effective measure would be to make the pricing information for different drives more trans-

ADAC Recommendations

Making Mobility SustainableMobility meets its boundaries wherever its impact lacks social acceptance. In this context, cities and metropolitan areas present a particular challenge, making it necessary to strike a balance between diverging interests. For this purpose, traffic must become quieter and cleaner, i.e. more city-compatible. Continuous steps have been taken in the right direction. For instance, pollutant emissions in road traffic have been reduced considerably – despite increased mileage. European policy-makers can support this successful development by ensuring reliable framework conditions for strict emission limits, innova- tive drives and alternative fuels.

172.2 g/km

95 g/km

2000 2021

-55.2%

European CO2 fleet emissions development and targets

Source: European Environment Agency

Ecological

13

parent. Thus, it would make sense to indicate a €/litre equivalent for thepriceofCNGatthefillingstationsoastofacilitateacomparison with other types of fuel. However, the current legal framework of the EU prevents this.

Therefore, ADAC would suggest that the EU Commission pave the way for a consumer-friendly solution by removing such legal hurdles. Still, the successful penetration of the market by vehicles with alternative drive systems will require more than just improved consumer information. Theavailabilityofasuitablefillingandcharginginfrastructurewillbe much more important.

The EU Commission has accepted this challenge by launching its Clean Power for Transport initiative. ADAC supports the promotion of alternative fuels and will be watching the elaboration of the national action plans very closely.

However, the question is whether there is an actual need for immediate introduction of mandatory requirements for all current alternative drive systems. Simultaneous, high investments in several technologies would be a logical consequence, despite not knowing which one will prevail in the end.

The requirement to provide a large number of e-vehicle charging stations in public spaces is also viewed critically. As real-life studies have shown, charging the batteries of electric vehicles takes place mainly in places where the vehicles remain stationary for considerable lengths of time, i.e. in garages at night.

Providing Incentives for City-compatible Road Traffic

Inurbantraffic,thechallengesfacingmobilityandtransportbecomevisibleas if seen through a magnifying glass. This is where diverging interests clashinaparticularlyconfinedspace.Havingsaidthat,thechallengesfaced by communities in Europe differ considerably, depending on their regional conditions. Therefore, it would make sense to solve local prob-lems locally – in absolute compliance with the principle of subsidiarity.

The EU could assist the cities and communities by remaining available as a platform for the exchange of information and established strategies. In its Urban Mobility publication of December 2013, the EU Commission addressed this subject. The publication contains many useful recommen-dationsforcleaner,saferandmoreefficienturbantraffic.ADACwelcomesmeasuresthatcanmakeurbantrafficmorecity-compatiblewithoutbeingtoo restrictive.

For instance, noise and pollutant emissions can be reduced considerably byabettertrafficflow,e.g.bysuitablyphasedtrafficlights.Moreover,intel-ligent parking space management, adequate park & ride facilities as well asefficientandreliablepublictransportcanalsohaveadditionalpositiveeffects. However, plans to impose more restrictive regulations on access

ADAC Recommendations

E85CNGLPG

ElectricityH2

PetrolDiesel

BiodieselVegetable oil

Ecological

14

tocitycentresareviewedcritically.Toshutouttrafficfromthecitiesisnotan adequate means to achieve ecological goals or to reduce the number of accidents.

Improving Air Quality, Reducing Emissions at the Source

Air quality has continuously improved in European cities over the past decades. Reasons for this improvement include innovations in vehicle engineering – for instance, the introduction of catalytic converters and cleaner engines – and the reduction of pollutant emissions from power plants and industry. Nevertheless, communities are struggling to comply with the pollutant emission limits prescribed by the EU.

So far, the EU has focused mainly on the reduction of emissions, impo-sing such restrictive measures as speed limits or driving bans in city centres.However,ADACisinfavourofemployingmoreefficientandmorepractical solutions. These solutions aim at reducing pollutant emissions right at the source.

Itshouldbenotedinthiscontextthatroadtrafficismerelyresponsiblefor part of the overall pollutant emissions. Concepts aiming at long-term improvements in urban air quality must take all pollutant sources into account – including industry and private households – and develop sustai-nable solutions.

Instruments aimed at reducing emissions thus combine two goals: On the one hand, city centres will remain accessible and lively; on the other hand, pollutant emissions will be reduced. ADAC is committed to ensuring that a revised Air Quality Directive (2008/50/EC) covers these paradigms.

ADAC Recommendations

At a GlanceK In order to successfully cut

noxious emissions from road traffic,theymustbereducedwhere they are generated: at the source.

K The CO2 limits and the passen-ger car label should be based onrealisticfuelefficiencydata.

K Instead of restrictive measures, there should be incentives to promote the sale of low- emission vehicles.

Ecological

15

Strengthening Legal Certainty with Respect to Cross-border Accidents

European consumers highly value legal certainty – especially in emoti-onally stressful situations, such as a road accident far from home. In the past few years, several initiatives by the European Parliament have considerably facilitated the settlement of claims arising from cross-border road accidents. However, some points still remain for which an EU-wide solution should be found in the future.

For instance, in some EU countries, accident victims only have little time to submit their claims for damages. ADAC pleads for an EU-wide three-year period of limitation in this case. Moreover, no victim of an accident abroad should be at a disadvantage over a victim of an accident which happened in the victim’s country of residence. The fairest solution in such cases would be to apply the laws of the victim’s home country and not – as has been the rule – those of the country where the accident happened.

Another aspect is that, in many countries, the adverse party is not obliged to bear the cost of the victim’s lawyer’s fees even if the victim was not to blame for the accident. This keeps many victims from raising the claims for damages to which they are entitled. Therefore, ADAC recommends uni-form, EU-wide provisions under which extra-judicial legal expenses relating to accidents abroad can be reimbursed. This would make it easier for victims to assert their rights.

Preventing EU-wide Vehicle Owner’s Liability

EU-wide consumer protection implies not only the assertion of citizens’ rightsabroad,butalsotheirprotectionagainstunjustifiedattacks.One critical aspect in this connection is vehicle owner’s liability, which is frequentlycitedasameanstoincreaseroadsafety.Since2010,finesimposedfortrafficoffencesinotherEUMemberStateshavebeenenfor-ceable in Germany. Since 2013, an improved exchange of vehicle owner databetweentheEUMemberStateshasmadetheprosecutionoftrafficoffenders more effective.

ADAC Recommendations

Making the Internal Market Consumer-friendlyThe European Member States can only grow even closer to-gether in the future if there is sufficient trust between their citi-zens. However, for such trust to develop, people need to be sure they are not taken advantage of in European countries other than their country of residence. Therefore, an important political task will be to improve cross-border protection of consumers’ rights. ADAC encourages the European Commission to act as an initiator for this task and to further intensify its committment.

The EU Internal Market

Consumer-friendly

16 ADAC Recommendations

In ADAC’s view, certain obstacles to enforcement have proved useful: They apply, in particular, if the language of the case is not German or the ve-hicle owner is held liable. The future EU-wide exchange of vehicle owners’ data will have its pros and cons: On the one hand, it will facilitate prosecu-tionofforeigntrafficoffendersbyGermanauthorities.Ontheotherhand,there are concerns that the new provisions will encourage an increasing trend among authorities outside Germany to hold vehicle owners liable for offences by German drivers abroad.

ADAC is committed to ensuring that fundamental principles of German law willcontinuetoapplyincross-borderprosecutionoftrafficoffences,in-cluding the presumption of innocence. An EU-wide vehicle owner’s liability would undermine this principle and in no way contribute to increased road safety, since the driver who committed the offence would go unpunished. Assistance in Minor Lawsuits

In minor lawsuits, the European Small Claims Procedure applies. This procedure aims at facilitating cross-border lawsuits in civil and commercial matters in an effort to reduce the cost of such proceedings. ADAC consi-ders Regulation No. 861/2007/EC as basically positive, since the proce-dure allows consumers to bring and enforce claims worth up to €2,000 without having to take a lawyer. However, a problem is that the procedure is little known in courts and consumers can hardly count on adequate assistanceinfillingouttherequiredforms.ADACseesaneedforactionhere to ensure that consumers receive the required assistance.

Strengthening Consumers’ Rights as Travellers

For most Europeans, their own continent is their favourite holiday desti-nation. Being involved in legal disputes on holiday is a particular nui-sance. In 1990, the European Package Travel Directive came into effect. It covers claims arising from defects in an organiser’s contractual per-

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formance, from travel cancellation or from an organiser’s insolvency. However, technological developments, such as an increasing number of travel bookings via the Internet, require modernised legislative texts. The EU Commission has realized this.

In its Draft Directive, the Commission proposes a wording adapted to modern ways of travel booking and an EU-wide harmonisation of package travel laws. However, ADAC fears that this may undermine consumer-friendly provisions under German package travel law. This applies, in particular, to the German system of package price reduc-tions, according to which the organiser is liable even for defects in contractual performance which are not the organiser’s fault. In this case, ADAC pleads to keep the harmonisation of European law to a minimum with a view to consumer protection. This would allow the Member States to maintain a higher level of consumer protection nationally.

However, many tourists need legal counsel already on the way to their holidaydestination,e.g.whenflightsaredelayedorcancelled.Aslegalpracticehasshown,manyconsumersfindtheEUregulationonairline passenger rights (261/2004/EC) confusing. According to a revision proposed by the EU Commission, sanctions will not be appli-cablefordelaysoflessthanfive,sevenor–onlongerflights–twelvehours, where previously the minimum was three hours. The majority of delays complained about by ADAC members would thus no longer be covered by the Regulation. ADAC suggests to review this provision under consumer protection aspects, because if it were implemen-tedunmodified,reimbursementclaimsarisingfromdelayswouldbesettled only in rare, extreme cases.

Strengthening Consumer Rights Through More Competition

Consumer protection also entails the citizens’ freedom of choice between several providers of the services and products they intend to buy. In contrast thereto, monopolies almost always have negative effects for consumers since they usually result in exorbitant prices. This also applies to the market for visible automotive spare parts. The design laws of some EU Member States include a repair clause for mudguards, wing mirrors or headlights. Other Member States, however, grant vehicle manufacturers a quasi-monopoly on visible spare parts. This can make repairs of minor damage to older vehicles expensive. In the end, the consumer pays the price. ADAC believes that every consumer should have the right to choose between spare parts from the original manufacturer or spare parts from other sup-pliers to carry out such repairs.

Although the EU Commission has tried to remedy this situation, the Member States have so far refused to adopt the corresponding legal provisions. ADAC pleads not to let the matter rest, but to put it on the agenda once more in an effort to implement a consumer-friendly internal market.

At a GlanceK European consumers highly

value legal certainty – both at home and abroad. In this connection, claims settlement for accidents which occurred abroad should take better care of the victims.

K An EU-wide vehicle owner’s liability should be opposed, since it contradicts fundamental legal principles, such as the presumption of innocence, and does not contribute to more road safety.

K Travel law – in particular with respect to package travel – should be adapted to the latest technological developments so as to protect consumers effectively.

K Monopolies usually lead to ex-orbitant prices. Therefore, more competition in compliance with consumer protection regulations should be encouraged – for in-stance, in the market for visible spare parts.

K Odometer fraud must be preven-ted since it considerably harms consumers.

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18 ADAC Recommendations

Fighting Odometer Fraud

According to police statistics, one in three used cars sold in Germany has been subject to odometer fraud. On average, mileage rigging illegally increases the value of used cars by €3,000 per vehicle. This means an annual loss of nearly six billion Euros in Germany alone, primarily at the cost of private buyers of used cars.

The “service providers” use convenient manipulation devices, which are readily available at prices as low as €200. Some of them can be operated by the vehicle owners themselves. Using such devices, it only takes a few minutes to set the odometer mileage of most cars to any desired reading – generally without leaving any traces. With a view to consumer protection and road safety, policy makers should also put this topic on their agenda. Moreover, ADAC recommends that the decision-makers urge automobile manufacturers to equip their vehic-les with state-of-the-art protection against odometer tampering. While some vehicles are already equipped with suitable technologies, the latter are not used to prevent odometer fraud.

is the amount which odometer fraud costs the German economy each year.

€6 billion

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For your personal notes

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Allgemeiner Deutscher Automobil-Club e.V. (ADAC)Hansastraße 1980686 München