Position Paper

ADAC Recommendations for

the 2014 European Elections
Making Mobility Sustainable
Contents

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 Advancing the Provision of Real-time Traffic Information
12 – 14 Making Mobility Sustainable
K Promoting Eco-friendly Vehicles – Establishing Realistic Test Cycles
K Expanding the Infrastructure for Alternative Drive Systems
K Providing Incentives for City-compatible Road Traffic
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 Affairs
Hansastrasse 19, 80686 Munich
Internet: Go to www.adac.de/infotestrat/ratgeber-verkehr, then click on
Fachinformationen/Kosten der Mobilität/Interessenvertretung
Blog: forummobilitaet.wordpress.com

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 Preface

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

ADAC Recommendations 3
Affordable

Making Mobility Affordable

for All Citizens
A 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.

Distribution among on- Pan-European Infrastructure: the Trans-European Networks

land modes of transport.
How do Europeans travel? To accomplish the goal of a single market, Europe needs a reliable, effici-
ent and safe transport infrastructure. Naturally, the EU Member States
92 % have focussed especially on their national roadways. Therefore, it is a
Road welcome development that the EU Commission has defined Trans-Euro-
pean Transport Networks (TEN-T). These networks comprise the most
important intra-European links and constitute the backbone of transport
8 % and mobility in Europe. The EU Commission’s goal is to complete the
Rail TEN-T core network by the year 2030.

Source: Eurostat, 2011, EU 27 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.

4 ADAC Recommendations
 Affordable

Shifting Passenger Transport from the Road

to the Rail Network?
5,500
–546 bn pkm
–10 %
by Road

A 109% increase
in passenger transport
Road by rail would be needed
Bn pkm

2011: for a 10% reduction in +109 %

5,457 bn passenger transport by Rail
pkm
+546 bn pkm

2011: 500 bn pkm

0
Road Rail
Source: European Commission

350 billion
Making Mobility Affordable: Fighting Negative
Effects at the Source

An efficient infrastructure costs money. Therefore, issues such as the

is the total annual amount of taxes maintenance and improvement of existing roads as well as building new
paid by European motorists. roads inevitably raise the question of how to finance them. The EU Com-
mission has revised the Eurovignette Directive (1999/62/EC) in order to

8 %
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, include noise and air pollution as well as traffic congestion.
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, unlike noise and pollutant emissions, traffic congestion does not
of the tax volume of the EU Member result in any social costs. In other words: road users stuck in a traffic jam
States comes from passenger car are already made to bear the consequences, e.g. in the form of delays or
transport. personnel and operating costs. A congestion charge would also seem un-
just. While time lost in a traffic jam is a burden equally shared by all road
users, high road use charges would mainly affect low-income road users.

ADAC Recommendations 5
Affordable
At a Glance
K An efficient infrastructure is key
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, there is no justifica-
tion to increase the road users’
financial burden.
K Mobility must not become a
luxury. Therefore, ADAC is wor-
king to prevent further financial
burden for motorists – whether
in the form of external costs or
higher taxes.
6 ADAC Recommendations
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
the national budget in the form of specific charges. In contrast thereto,
no more than some €19 billion is invested in the German road infrastruc-
ture each year (source: Federal Statistical Office of Germany). A conge-
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
finely adjusted taxation systems which make allowances for their particular
national situation. The EU Commission’s proposal does not reflect this. For
instance, 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. ADAC takes the view that this tax burden must definitely be
taken into consideration or even deducted.
 Safe

Understanding Safety
as the Central Task of
Transport Policy
Development of road It will take intensive efforts to further reduce the number of
fatalities in Europe accidents on European roads. Therefore, ADAC is continuously
(EU 27) working to make road traffic safer. State-of-the-art vehicles and
45000 safe roads can help prevent accidents. Moreover, electronic
40000
assistance systems such as eCall enable quicker rescue of
35000
30000
accident victims. However, well-trained road users with a
25000 heightened awareness for the risks of road traffic are an
20000 indispensable prerequisite for more road safety.
2007 2008 2009 2010 2011 2012 2013
Fatalities
Source: Federal Statistical Office of Germany 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
Office of Germany).

1,448,317
European road users were injured
in road accidents in 2011.
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-

26,200
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. in Germany, would be well worth examining in a field study.

In this case, the European Union could have the edge by establishing a
people died on European benchmark system and promoting the exchange of information between
roads in 2013. 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.
In particular, different rules apply to driving fitness tests. Should the policy
towards senior drivers in the EU be harmonised, ADAC will oppose the

ADAC Recommendations 7
Safe
Certificate of Participation
ADAC FahrFitnessCheck
(ADAC Driving Fitness Check)
On-board Rescue Sheet
2,500
human lives could be saved annually
by employing the eCall system
across Europe.
8 ADAC Recommendations
implementation of compulsory driving fitness tests. ADAC takes the view
that senior citizens are definitely not a problematic group of road users.
On the contrary, they cause fewer accidents involving personal injuries
than any other age group (source: Federal Statistical Office of Germany).
However, as pedestrians and cyclists, older road users are particularly at
risk. ADAC takes an information and awareness approach. In particular,
high-profile campaigns should inform the European public about voluntary
health checks and about training courses designed to keep road users fit
for 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”
After having their driving licence revoked for a traffic offence, many motorists
try 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-
rements for reinstatement of one’s driving licence after serious road traffic
offences differ greatly. For instance, in some countries, driving under the
influence of alcohol or drugs is sanctioned with driving bans of up to several
years and subsequent automatic reinstatement; German laws provide shor-
ter driving bans and individual driving fitness assessments. In many cases
a 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. Technical assistance systems provide a decisive benefit here.
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
Statistical Office of Germany).
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.

At a Glance
K 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-
ving licence revoked for a traffic
offence 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.
Safe
State-of-the-art automotive technology can also improve the chances of
survival in an accident. However, in some cases sturdy bodywork makes it
more difficult to quickly extract vehicle occupants after serious accidents.
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-
mission of the rescue data to first responders. For instance, the data set
transmitted by eCall could be supplemented by rescue sheet information.
Minimising the Road Safety Threat Posed by Long HGVs
Conflicting goals come up rather frequently in transport politics. 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
defines the length and weight limits for HGVs in Europe. Basically, the
planned revision aims to optimise the aerodynamics of HGVs so as to
increase their energy efficiency and reduce their CO2 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,
inland ports and logistics centres, would be more efficient and reduce
the traffic load. In contrast thereto, increases in payload would pose a
considerable structural threat to roads and bridges. Therefore, ADAC
opposes such measures.
ADAC Recommendations 9
Innovative

Innovation Through
Connected Mobility
Connected 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.

Connected Mobility Connected Vehicle: Ensuring Freedom of Choice and Privacy

Communication Infrastructure 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
– can profit considerably from this development, e.g. by safety-relevant
alerts or traffic information in real time. On the other hand, 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-
border motor vehicle registration. ADAC is in favour of such simplification.
However, there is some concern about demands for implementing RFID
chips (Radio-Frequency Identification Device) on licence plates. This tech-
other cars nology enables remote, clandestine data transmission – without approp-
Source: ADAC
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

10 ADAC Recommendations

At a Glance
K 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.
Innovative
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) defines a total of six topics, including: preparatory mea-
sures for the use of an EU-wide eCall system, free-of-charge transmission
of safety-relevant traffic information, as well as providing information on
secure truck parking areas.
Moreover, there are plans to provide multimodal travel information services
as well as real-time traffic information services and booking services for
secure truck parking areas by means of delegated acts. ADAC supports any
efforts to achieve EU-wide compatibility, interoperability and continuity in the
aforementioned technological fields. However, any implementation thereof
should respect the subsidiarity of the EU Member States. The advisory
bodies of the EU Commission must be open for participation to all interes-
ted stakeholders. Specifications should be worded in a neutral manner, not
favouring 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
will have to pass delegated regulations that will have a considerable finan-
cial impact on the Member States.
Advancing the Provision of Real-time Traffic Information
In connection with the ITS Directive, the provision of comprehensive,
reliable and up-to-date traffic information is of particular importance. This
is an area of great potential for a large number of innovative connected-
mobility services.
The European Commission intends to introduce a delegated act defining the
roles, tasks and obligations of the public and private players in the value
chain. ADAC is in favour of providing to all road users a basic range of traffic
information at no charge, including more than just safety-relevant traffic
alerts. Since consumers are hardly prepared to pay for such services, ADAC
is working to see private providers adequately paid by the public sector for
their traffic data and traffic information. Otherwise, viable business models
will 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.
ADAC Recommendations 11
Ecological

Making Mobility
Sustainable
Mobility 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.

Promoting Eco-friendly Vehicles – Establishing Realistic

Test Cycles

Measures designed to reduce emissions in urban traffic must be effective

right 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 CO2 limit of 95g/km per fleet by the year 2021.

European CO2 fleet emissions Since the automotive industry has long product cycles, a long-term goal go-
development and targets ing beyond the year 2021 should be defined as soon as data is available on
the 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
-55.2% uncertainty among users, for instance with regard to fuel efficiency,
thereby motivating them to buy eco-friendly vehicles.
172.2 g/km

95 g/km Therefore, ADAC recommends to revise the energy efficiency labelling for
new passenger cars (1999/94/EC) in a manner ensuring a clear, uniform
2000 2021 design throughout the EU. The CO2 limits and the passenger car label
should be based on realistic fuel efficiency data. The competent interna-
Source: European Environment Agency tional body (UNECE) is currently working on a new test cycle and a new
measuring method, designed to provide even more precise fuel efficiency
data 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-

12 ADAC Recommendations
 Ecological

parent. Thus, it would make sense to indicate a €/litre equivalent for

the price of CNG at the filling station so as to facilitate a comparison
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
E85 for a consumer-friendly solution by removing such legal hurdles. Still,
CNG the successful penetration of the market by vehicles with alternative
LPG drive systems will require more than just improved consumer information.
Electricity The availability of a suitable filling and charging infrastructure will be
H2 much more important.
Petrol
Diesel The EU Commission has accepted this challenge by launching its Clean
Biodiesel Power for Transport initiative. ADAC supports the promotion of alternative
Vegetable oil 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

In urban traffic, the challenges facing mobility and transport become visible
as if seen through a magnifying glass. This is where diverging interests
clash in a particularly confined space. Having said that, the challenges
faced 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-
dations for cleaner, safer and more efficient urban traffic. ADAC welcomes
measures that can make urban traffic more city-compatible without being
too restrictive.

For instance, noise and pollutant emissions can be reduced considerably

by a better traffic flow, e.g. by suitably phased traffic lights. Moreover, intel-
ligent parking space management, adequate park & ride facilities as well
as efficient and reliable public transport can also have additional positive
effects. However, plans to impose more restrictive regulations on access

ADAC Recommendations 13
Ecological
At a Glance
K In order to successfully cut
noxious emissions from road
traffic, they must be reduced
where they are generated: at
the source.
K The CO2 limits and the passen-
ger car label should be based
on realistic fuel efficiency data.
K Instead of restrictive measures,
there should be incentives
to promote the sale of low-
emission vehicles.
14 ADAC Recommendations
to city centres are viewed critically. To shut out traffic from the cities is not
an 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, ADAC is in favour of employing more efficient and more
practical solutions. These solutions aim at reducing pollutant emissions
right at the source.
It should be noted in this context that road traffic is merely responsible
for 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.
 Consumer-friendly

Making the Internal

Market Consumer-friendly
The 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.

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
The EU Internal Market 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’

rights abroad, but also their protection against unjustified attacks. One
critical aspect in this connection is vehicle owner’s liability, which is
frequently cited as a means to increase road safety. Since 2010, fines
imposed for traffic offences in other EU Member States have been enfor-
ceable in Germany. Since 2013, an improved exchange of vehicle owner
data between the EU Member States has made the prosecution of traffic
offenders more effective.

ADAC Recommendations 15
Consumer-friendly

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-
tion of foreign traffic offenders by German authorities. On the other hand,
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

will continue to apply in cross-border prosecution of traffic offences, 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
assistance in filling out the required forms. ADAC sees a need for action
here 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-

16 ADAC Recommendations

At a Glance
K 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.
Consumer-friendly
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
holiday destination, e.g. when flights are delayed or cancelled. As
legal practice has shown, many consumers find the EU regulation on
airline passenger rights (261/2004/EC) confusing. According to a
revision proposed by the EU Commission, sanctions will not be appli-
cable for delays of less than five, seven or – on longer flights – twelve
hours, 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-
ted unmodified, reimbursement claims arising from delays would be
settled 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.
ADAC Recommendations 17
Consumer-friendly
€6 billion
is the amount which odometer
fraud costs the German economy
each year.
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.
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ADAC Recommendations 19
 2842750/04.14/5’

Allgemeiner Deutscher Automobil-Club e.V. (ADAC)

Hansastraße 19
80686 München