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31991L0368

Council Directive 91/368/EEC of 20 June 1991 amending Directive 89/392/EEC on the approximation of the laws of the Member States relating to machinery

Official Journal L 198 , 22/07/1991 P. 0016 - 0032 Finnish special edition: Chapter 13 Volume 20 P. 0210  Swedish special edition: Chapter 13 Volume 20 P. 0210

COUNCIL DIRECTIVE of 20 June 1991 amending Directive 89/392/EEC on the approximation of the laws of the Member States relating to machinery (91/368/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 100a thereof,  Having regard to the proposal from the Commission(1) ,  In cooperation with the European Parliament(2) ,  Having regard to the opinion of the Economic and Social Committee(3) ,  Whereas machinery entailing specific risks due either to its mobility or its ability to lift loads, or to both these phenomena together, must satisfy both the general health and safety requirements set out in Directive 89/392/EEC(4)  and the health and  safety requirements relating to those specific risks;  Whereas it is unnecessary to provide for certification procedures for those types of machinery other than those initially provided for in Directive 89/392/EEC.  Whereas prescribing supplementary essential health and safety requirements for the specific risks due to mobility and the lifting of loads can be effected by amending Directive 89/392/EEC to inlcude these complementary provisions; whereas this amendment  can be used to correct certain imperfections in the essential health and safety requirements applying to all machinery;  Whereas it is necessary to provide for transitional arrangements enabling Member States to authorize the placing on the market and putting into service of machinery manufactured in accordance with the national rules in force on 31 December 1992;  Whereas certain equipment or machinery covered by existing Directives comes within the scope of this Directive; whereas it is preferable to have one single Directive to cover all equipment; whereas it is therefore desirable that the relevant existing  Directives be repealed on the date this Directive is applied,  HAS ADOPTED THIS DIRECTIVE:   Article 1  Directive 89/392/EEC is hereby amended as follows:  1. Article 1 is amended as follows:   (a) in paragraph 2, the following subparagraph shall be added:  ' "Machinery" also means interchangeable equipment modifying the function of a machine, which is placed on the market for the purpose of being assembled with a machine or a series of different machines or with a tractor by the operator himself in so  far as this equipment is not a spare part or a tool';   (b) in paragraph 3:  - the first indent is deleted,  - the second indent is replaced by the following: '- lifting equipment designed and constructed for raising and/or moving persons with or without loads, except for industrial trucks with elevating operator position.',  - in the third indent, the following phrase is added:  'unless it is a machine used for lifting or lowering loads,',  - the following indents are added:  '- means of transport, i.e. vehicles and their trailers intended solely for transporting passengers by air or on road, rail or water networks, as well as means of transport in so far as such means are designed for transporting goods by air, on public  road or rail networks or on water. Vehicles used in the mineral extraction industry shall not be excluded,   - seagoing vessels and mobile offshore units together with equipment on board such vessels or units,   - cableways for the public or private transportation of persons,   - agricultural and forestry tractors, as defined in Article 1 (1) of Council Directive 74/150/EEC of 4 March 1974 on the approximation of the laws of the Member States relating to the type-approval of wheeled agricultural or forestry tractors(5) , as  lasted amended by Directive 88/297/EEC(6) ,   - machines specially designed and constructed for military or police purposes.  (1) OJ No L 84, 28. 3. 1974, p. 10.  (2) OJ No L 126, 20. 5. 1988, p. 52.' 2. In Article 2 (3), first sentence, the phrase '... provisions of this Directive' is replaced by 'Community provisions in force'.  3. In Article 4 (2), the following subparagraph is added:  ' "Interchangeable equipment", within the meaning of the third subparagraph of Article 1 (2), shall be regarded as machinery and accordingly must in all cases bear the EC mark and be accompanied by the EC declaration of conformity referred to in Annex  II (A).' 4. In Article 8, the following paragraph is added:  '7.  The obligations laid down in paragraph 6 shall not apply to persons who assemble with a machine or tractor interchangeable equipment as provided for in Article 1, provided that the parts are compatible and each of the constituent parts of the  assembled machine bears the EC mark and is accompanied by the EC declaration of conformity.'  5. Article 13 is replaced by the following:  'Article 13   1.  Before 1 January 1992 Member States shall adopt and publish the laws, regulations and administrative provisions necessary in order to comply with this Directive. They shall forthwith inform the Commission thereof.  When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member  States.  The Member States shall apply the measures in question with effect from 1 January 1993, except as regards the equipment referred to in Directives 86/295/EEC(7) , 86/296/EEC(8)  and 86/663/ EEC(9) , for which these measures shall apply from 1 July 1995.    2.  Furthermore, Member States shall allow, for the period until 31 December 1994, except as regards the equipment referred to in Directives 86/295/EEC, 86/296/EEC and 86/663/EEC, for which this period shall end on 31 December 1995, the placing on the  market and putting into service of machinery in conformity with the national regulations in force in their territory on 31 December 1992.  Directives 86/295/EEC, 86/296/EEC and 86/663/EEC shall not impede implementation of paragraph 1 as from 1 July 1995.  3.  Member States shall communicate to the Commission the texts of the provisions of national law which they adopt in the field governed by this Directive.  4.  The Commission shall, before 1 January 1994, examine the progess made in the stadardization work relating to this Directive and propose any appropriate measures.   (1) OJ No L 186, 8. 7. 1986, p. 1.   (2) OJ No L 186, 8. 7. 1986, p. 10.   (3) OJ No L 384, 31. 12. 1986, p. 12.' 6. Annex I is amended as follows:  (a) In section 1.3.7 the following paragraph is added:  'All necessary steps must be taken to prevent accidental blockage of moving parts involved in the work. In cases where, despite the precautions taken, a blockage is likely to occur, specific protection devices or tools, the instruction handbook and  possibly a sign on the machinery should be provided by the manufacturer to enable the equipment to be safely unblocked.';   (b) The following section is inserted:  '1.6.5.Cleaning of internal parts The machinery must be designed and constructed in such a way that it is possible to clean internal parts which have contained dangerous substances or preparations without entering them; any necessary unblocking must also be possible from the outside. If  it is absolutely impossible to avoid entering the machinery, the manufacturer must take steps during its construction to allow cleaning to take place with the minimum of danger.';   (c) In section 1.7.0 the following paragraph is added:  'Where the health and safety of exposed persons may be endagered by a fault in the operation of unsupervised machinery, the machinery must be equipped to give an appropriate acoustic or light signal as a warning.';   (d) In section 1.7.3 the following paragraphs are added:  'Where a machine part must be handled during use with lifting equipment, its mass must be indicated legibly, indelibly and unambiguously.  The interchangeable equipment referred to in Article 1 (2), third subparagraph must bear the same information.';   (e) In section 1.7.4 (a) the following indent is added:  '- where necessary, the essential characteristics of tools which may be fitted to the machinery.';   (f) In section 1.7.4 (f) the third paragraph is replaced by the following:  'Where the harmonized standards are not applied, sound levels must be measured using the most appropriate method for the machinery.';   (g) Sections 3 to 5.7 set out in Annex I to this Directive are added.  7. In Annex II (B) the following indents are inserted after the second indent:  '- where appropriate, the name and address of the notified body and the number of the EC type-examination certificate,   - where appropriate, the name and address of the notified body to which the file has been forwarded in accordance with the first indent of Article 8 (2) (c),   - where appropriate, the name and address of the notified body which has carried out the verification referred to in the second indent of Article 8 (2) (c),   - where appropriate, a reference to the harmonized standards.' 8. In Annex IV, item 12 is replaced by items 12 to 15 set out in Annex II to this Directive.   Article 2  The following are hereby repealed as from 31 December 1994:  - Articles 2 and 3 of Council Directive 73/361/EEC of 19 November 1973 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the certification and marking of wire ropes, chains and hooks(10) , as  lasted amended by Directive 76/434/EEC(11) ,  - Commission Directive 76/434/EEC of 13 April 1976 adapting to technical progress the Council Directive of 19 November 1973 on the approximation of the laws of the Member States relating to the certification and marking of wire ropes, chains and hooks.   The following are hereby repealed as from 31 December 1995:  - Council Directive 86/295/EEC of 26 May 1986 on the approximation of the laws of the Member States relating to roll-over protective structures (ROPS) for certain construction plant(12) ,  - Council Directive 86/296/EEC of 26 May 1986 on the approximation of the laws of the Member States relating to falling-object protective structures (FOPS) for certain construction plant(13) ,  - Council Directive 86/663/EEC of 22 December 1986 on the approximation of the laws of the Member States relating to self-propelled industrial trucks(14) , as last amended by Directive 89/240/EEC(15) .   Article 3  1.  Before 1 January 1992 Member States shall adopt and publish the laws, regulations and administrative provisions necessary in order to comply with this Directive. They shall forthwith inform the Commission thereof.  When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member  States.  They shall apply these measures with effect from 1 January 1993.  2.  Member States shall communicate to the Commission the texts of the provisions of national law which they adopt in the field governed by this Directive.   Article 4  This Directive is addressed to the Member States.  Done at Luxembourg, 20 June 1991.  For the Council The President R. GOEBBELS     (1)OJ No C 37, 17. 2. 1990, p. 5; and OJ No C 268, 24. 10. 1990, p. 12.  (2)OJ No C 175, 16. 7. 1990, p. 119; and OJ No C 129, 20. 5. 1991.  (3)OJ No C 168, 10. 7. 1990, p. 15.  (4)OJ No L 183, 29. 6. 1989, p. 9.  (5)OJ No L 335, 5. 12. 1973, p. 51.  (6)OJ No L 122, 8. 5. 1976, p. 20.  (7)OJ No L 186, 8. 7. 1986, p. 1.  (8)OJ No L 186, 8. 7. 1986, p. 10.  (9)OJ No L 384, 31. 12. 1986, p. 12.  (10)OJ No L 100, 12. 4. 1989, p. 1.      ANNEX I Sections 3 to 5.7 are added to Annex I to Directive 89/392/EEC:   '3.ESSENTIAL HEALTH AND SAFETY REQUIREMENTS TO OFFSET THE PARTICULAR HAZARDS DUE TO THE MOBILITY OF MACHINERY  In addition to the essential health and safety requirements given in the sections 1 and 2, machinery presenting hazards due to mobility must be designed and constructed to meet the requirements below.   Risks due to mobility always exist in the case of machinery which is self-propelled, towed or pushed or carried by other machinery or tractors, is operated in working areas and whose operation requires either mobility while working, be it continuous or  semi-continuous movement, between a succession of fixed working positions.   Risks due to mobility may also exist in the case of machinery operated without being moved, but equipped in such a way as to enable it to be moved more easily from one place to another (machinery fitted with wheels, rollers, runners, etc. or placed on  gantries, trolleys, etc.).   In order to verify that rotary cultivators and power harrows do not present unacceptable risks to the exposed persons, the manufacturer or his authorized representative established within the Community must, for each type of machinery concerned,  perform the appropriate tests or have such tests performed.    3.1.General    3.1.1.Definition   "Driver" means an operator responsible for the movement of machinery. The driver may be transported by the machinery or may be on foot, accompanying the machinery, or may be guiding the machinery by remote control (cables, radio, etc.).    3.1.2.Lighting   If intended by the manufacturer to be used in dark places, self-propelled machinery must be fitted with a lighting device appropriate to the work to be carried out, without prejudice to any other regulations applicable (road traffic regulations,  navigation rules, etc.).    3.1.3.Design of machinery to facilitate its handling  During the handling of the machine and/or its parts, there must be no possibility of sudden movements or of hazards due to instability as long as the machine and/or its parts are handled in accordance with the manufacturer's instructions.    3.2.Work stations    3.2.1.Driving position   The driving position must be designed with due regard to ergonomic principles. There may be two or more driving positions and, in such cases, each driving position must be provided with all the requisite controls. Where there is more than one driving  position, the machinery must be designed so that the use of one of them precludes the use of the others, except in emergency stops. Visibility from the driving position must be such that the driver can in complete safety for himself and the exposed  persons, operate the machinery and its tools in their intended conditions of use. Where necessary, appropriate devices must be provided to remedy hazards due to inadequate direct vision.   Machinery must be so designed and constructed that, from the driving position, there can be no risk to the driver and operators on board from inadvertent contact with the wheels or tracks.   The driving position must be designed and constructed so as to avoid any health risk due to exhaust gases and/or lack of oxygen.   The driving position of ride-on drivers must be so designed and constructed that a driver's cab may be fitted as long as there is room. In that case, the cab must incorporate a place for the instructions needed for the driver and/or operators. The  driving position must be fitted with an adequate cab where there is a hazard due to a dangerous environment.   Where the machinery is fitted with a cab, this must be designed, constructed and/or equipped to ensure that the driver has good operating conditions and is protected against any hazards that might exist (for instance: inadequate heating and  ventilation, inadequate visibility, excessive noise and vibration, falling objects, penetration by objects, rolling over, etc.). The exit must allow rapid evacuation. Moreover, an emergency exit must be provided in a direction which is different from  the usual exit.   The materials used for the cab and its fittings must be fire-resistant.    3.2.2.Seating   The driving seat of any machinery must enable the driver to maintain a stable position and be designed with due regard to ergonomic principles.   The seat must be designed to reduce vibrations transmitted to the driver to the lowest level that can be reasonably achieved. The seat mountings must withstand all stresses to which they can be subjected, notably in the event of rollover. Where there  is no floor beneath the driver's feet, the driver must have footrests covered with a slip-resistant material.   Where machinery is fitted with provision for a rollover protection structure, the seat must be equipped with a safety belt or equivalent device which keeps the driver in his seat without restricting any movements necessary for driving or any movements  caused by the suspension.    3.2.3.Other places   If the conditions of use provide that operators other than the driver are occasionally for regularly transported by the machinery, or work on it, appropriate places must be provided which enable them to be transported or to work on it without risk,  particularly the risk of falling.   Where the working conditions so permit, these work places must be equipped with seats.   Should the driving position have to be fitted with a cab, the other places must also be protected against the hazards which justified the protection of the driving position.    3.3.Controls    3.3.1.Control devices  The driver must be able to actuate all control devices required to operate the machinery from the driving position, except for functions which can be safely activated only by using control devices located away from the driving position. This refers in  particular to working positions other than the driving position, for which operators other than the driver are responsible or for which the driver has to leave his driving position in order to carry out the manoeuvre in safety.   Where there are pedals they must be so designed, constructed and fitted to allow operation by the driver in safety with the minimum risk of confusion; they must have a slip-resistant surface and be easy to clean.   Where their operation can lead to hazards, notably dangerous movements, the machinery's controls, except for those with preset positions, must return to the neutral position as soon as they are released by the operator.   In the case of wheeled machinery, the steering system must be designed and constructed to reduce the force of sudden movements of the steering wheel or steering lever caused by shocks to the guide wheels.  Any control that locks the differential must  be so designed and arranged that it allows the differential to be unlocked when the machinery is moving.   The last sentence of section 1.2.2 does not apply to the mobility function.    3.2.3.Starting/moving   Self-propelled machinery with a ride-on driver must be so equipped as to deter unauthorized persons from starting the engine.   Travel movements of self-propelled machinery with a ride-on driver must be possible only if the driver is at the controls.   Where, for operating purposes, machinery must be fitted with devices which exceed its normal clearance zone (e.g. stabilizers, jib, etc.), the driver must be provided with the means of checking easily, before moving the machinery, that such devices are  in a particular position which allows safe movement.   This also applies to all other parts which, to allow safe movement, have to be in particular positions, locked if necessary.   Where it is technically and economically feasible, movement of the machinery must depend on safe positioning of the aforementioned parts.   It must not be possible for movement of the machinery to occur while the engine is being started.    3.3.3.Travelling function   Without prejudice to the provisions of road traffic regulations, self-propelled machinery and its trailers must meet the requirements for slowing down, stopping, braking and immobilization so as to ensure safety under all the operating, loading, speed,  ground and gradient conditions allowed for by the manufacturer and corresponding to conditions encountered in normal use.   The driver must be able to slow down and stop self-propelled machinery by mean of a main device. Where safety so requires in the event of a failure of the main device, or in the absence of the energy supply to actuate the main device, an emergency  device with fully independent and easily accessible controls must be provided for slowing down and stopping.   Where safety so requires, a parking device must be provided to render stationary machinery immobile. This device may be combined with one of the devices referred to in the second paragraph, provided that it is purely mechanical.   Remote-controlled machinery must be designed and constructed to stop automatically if the driver loses control.   Section 1.2.4 does not apply to the travelling function.    3.3.4.Movement of pedestrian-controlled machinery   Movement of pedestrian-controlled self-propelled machinery must be possible only through sustained action on the relevant control by the driver. In particular, it must not be possible for movement to occur while the engine is being started.   The control systems for pedestrian-controlled machinery must be designed to minimize the hazards arising from inadvertent movement of the machine towards the driver. In particular:   (a)crushing;   (b)injury from rotating tools.   Also, the speed of normal travel of the machine must be compatible with the pace of a driver on foot.   In the case of machinery on which a rotary tool may be fitted, it must not be possible to actuate that tool when the reversing control is engaged, except where movement of the machinery results from movement of the tool. In the latter case, the  reversing speed must be such that it does not endanger the driver   3.3.5.Control circuit failure   A failure in the power supply to the power-assisted steering, where fitted, must not prevent machinery from being steered during the time required to stop it.    3.4.Protection against mechanical hazards   3.4.1.Uncontrolled movements   When a part of a machine has been stopped, any drift away from the stopping position, for whatever reason other than action at the controls, must be such that it is not a hazard to exposed persons.   Machinery must be so designed, constructed and where appropriate placed on its mobile support as to ensure that when moved the uncontrolled oscillations of its centre of gravity do not affect its stability or exert excessive strain on its structure.    3.4.2.Risk of break-up during operation   Parts of machinery rotating at high speed which, despite the measures taken, may break up or disintegrate, must be mounted and guarded in such a way that, in case of breakage, their fragments will be contained or, if that is not possible, cannot be  projected towards the driving and/or operation positions.    3.4.3.Rollover   Where, in the case of self-propelled machinery with a ride-on driver and possibly ride-on operators, there is a risk of rolling over, the machinery must be designed for and be fitted with anchorage points allowing it to be equipped with a rollover  protective structure (ROPS).   This structure must be such that in case of rolling over if affords the ride-on driver and where appropriate the ride-on operators an adequate deflection-limiting volume (DLV).   In order to verify that the structure complies with the requirement laid down in the second paragraph, the manufacturer or his authorized representative established within the Community must, for each type of structure concerned, perform appropriate  tests or have such tests performed.   In addition, the earth-moving machinery listed below with a capacity exceeding 15 kW must be fitted with a rollover protective structure:   -crawler loaders or wheel loaders,   -backhoe loaders,   -crawler tractors or wheel tractors,   -scrapers, self-loading or not,   -graders,   -articulated steer dumpers.    3.4.4.Falling objects  Where, in the case of machinery with a ride-on driver and possibly ride-on operators, there is a risk due to falling objects or material, the machinery should be designed for, and fitted with, if its size allows, anchorage points allowing it to be  equipped with a falling-object protective structure (FOPS).   This structure must be such that in the case of falling objects or material, it guarantees the ride-on operators an adequate deflection-limiting volume (DLV).   In order to verify that the structure complies with the requirement laid down in the second paragraph, the manufacturer or his authorized representative established within the Community must, for each type of structure concerned, perform appropriate  tests or have such tests performed.    3.4.5.Means of access   Handholds and steps must be designed, constructed and arranged in such a way that the operators use them instinctively and do not use the controls for that purpose.    3.4.6.Towing devices  All machinery used to tow or to be towed must be fitted with towing or coupling devices designed, constructed and arranged to ensure easy and safe connection and disconnection, and to prevent accidental disconnection during use.    In so far as the towbar load requires, such machinery must be equipped with a support with a bearing surface suited to the load and the ground.    3.4.7.Transmission of power between self-propelled machinery (or tractor) and recipient machinery  Transmission shafts with universal joints linking self-propelled machinery (or tractor) to the first fixed bearing of recipient machinery must be guarded on the self-propelled machinery side and the recipient machinery side over the whole length of the  shaft and associated universal joints.   On the side of the self-propelled machinery (or tractor), the power take-off to which the transmission shaft is attached must be guarded either by a screen fixed to the self-propelled machinery (or tractor) or by any other device offering equivalent  protection.   On the towed machinery side, the input shaft must be enclosed in a protective casing fixed to the machinery.   Torque limiters or freewheels may be fitted to universal joint transmissions only on the side adjoining the driven machine. The universal-joint transmission shaft must be marked accordingly.   All towed machinery whose operation requires a transmission shaft to connect it to self-propelled machinery or a tractor must have a system for attaching the transmission shaft so that when the machinery is uncoupled the transmission shaft and its  guard are not damaged by contact with the ground or part of the machinery.   The outside parts of the guard must be so designed, constructed and arranged that they cannot turn with the transmission shaft. The guard must cover the transmission shaft to the ends of the inner jaws in the case of simple universal joints and at  least to the centre of the outer joint or joints in the case of "wide-angle" universal joints.   Manufacturers providing means of access to working positions near to the universal joint transmission shaft must ensure that shaft guards as described in the sixth paragraph cannot be used as steps unless designed and constructed for that purpose.    3.4.8.Moving transmission parts   By way of derogation from section 1.3.8.A, in the case of internal combustion engines, removable guards preventing access to the moving parts in the engine compartment need not have locking devices if they have to be opened either by the use of a tool  or key or by a control located in the driving position if the latter is in a fully enclosed cab with a lock to prevent unauthorized access.    3.5.Protection against other hazards    3.5.1.Batteries  The battery housing must be constructed and located and the battery installed so as to avoid as far as possible the chance of electrolyte being ejected on to the operator in the event of rollover and/or to avoid the accumulation of vapours in places  occupied by operators.   Machinery must be so designed and constructed that the battery can be disconnected with the aid of an easily accessible device provided for that purpose.    3.5.2.Fire   Depending on the hazards anticipated by manufacturer when in use, machinery must, where its size permits:   -either allow easily accessible fire extinguishers to be fitted,   -or be provided with built-in extinguisher systems.    3.5.3.Emissions of dust, gases, etc.   Where such hazards exist, the containment equipment provided for in section 1.5.13 may be replaced by other means, for example precipitation by water spraying.   The second and third paragraphs of section 1.5.13 do not apply where the main function of the machinery is the spraying of products.    3.6.Indications    3.6.1.Signs and warning  Machinery must have means of signalling and/or instruction plates concerning use, adjustment and maintenance, wherever necessary, to ensure the health and safety of exposed persons. They must be chosen, designed and constructed in such a way as to be  clearly visible and indelible.   Without prejudice to the requirements to be observed for travelling on the public highway, machinery with a ride-on driver must have the following equipment:   -an acoustic warning device to alert exposed persons,   -a system of light signals relevant to the intended conditions of use such as stop lamps, reversing lamps and rotating beacons. The latter requirement does not apply to machinery intended solely for underground working and having no electrical power.   Remote-controlled machinery which under normal conditions of use exposes persons to the hazards of impact or crushing must be fitted with appropriate means to signal its movements or with means to protect exposed persons against such hazards. The same  applies to machinery which involves, when in use, the constant repetition of a forward and backward movement on a single axis where the back of the machine is not directly visible to the driver.   Machinery must be so constructed that the warning and signalling devices cannot all be disabled unintentionally. Where this is essential for safety, such devices must be provided with the means to check that they are in good working order and their  failure must be made apparent to the operator.   Where the movement of machinery or its tools is particularly hazardous, signs on the machinery must be provided to warn against approaching the machinery while it is working; the signs must be legible at a sufficient distance to ensure the safety of  persons who have to be in the vicinity.    3.6.2.Marking  The minimum requirements set out in 1.7.3 must be supplemented by the following:   -nominal power expressed in kW,   -mass in kg of the most usual configuration and, where appropriate:  -maximum drawbar pull provided for by the manufacturer at the coupling hook, in N,   -maximum vertical load provided for by the manufacturer on the coupling hook, in N.    3.6.3.Instruction handbook   Apart from the minimum requirements set out in 1.7.4, the instruction handbook must contain the following information:   (a)regarding the vibrations emitted by the machinery, either the actual value or a figure calculated from measurements performed on identical machinery:   -the weighted root mean square acceleration value to which the arms are subjected, if it exceeds 2,5 m/s2; should it not exceed 2,5 m/s2, this must be mentioned,   -the weighted root mean square acceleration value to which the body (feet or posterior) is subjected, if it exceeds 0,5 m/s2; should it not exceed 0,5 m/s2, this must be mentioned.   Where the harmonized standards are not applied, the vibration must be measured using the most appropriate method for the machinery concerned.   The manufacturer must indicate the operating conditions of the machinery during measurement and which methods were used for taking the measurements;   (b)in the case of machinery allowing several uses depending on the equipment used, manufacturers of basic machinery to which interchangeable equipment may be attached and manufacturers of the interchangeable equipment must provide the necessary  information to enable the equipment the be fitted and used safely.    4.ESSENTIAL HEALTH AND SAFETY REQUIREMENTS TO OFFSET THE PARTICULAR HAZARDS DUE TO A LIFTING OPERATION  In addition to the essential health and safety requirements given in sections 1, 2 and 3, machinery presenting hazards due to lifting operations - mainly hazards of load falls and collisions or hazards of tipping caused by a lifting operation - must be  designed and constructed to meet the requirements below.   Risks due to a lifting operation exist particularly in the case of machinery designed to move a unit load involving a change in level during the movement. The load may consist of objects, materials or goods.   4.1.General remarks    4.1.1.Definitions  (a)lifting accessories:   "lifting accessories" means components or equipment not attached to the machine and placed between the machinery and the load or on the load in order to attach it;   (b)separate lifting accessories:  "separate lifting accessories" means accessories which help to make up or use a slinging device, such as eyehooks, shackles, rings, eyebolts, etc.;   (c)guided load:  "guided load" means the load where the total movement is made along rigid or flexible guides, whose position is determined by fixed points;   (d)working coefficient:  "working coefficient" means the arithmetic ratio between the load guaranteed by the manufacturer up to which a piece of equipment, an accessory or machinery is able to hold it and the maximum working load marked on the equipment, accessory or machinery  respectively;   (e)test coefficient: "test coefficient" means the arithmetic ratio between the load used to carry out the static or dynamic tests on a piece of equipment, an accessory or machinery and the maximum working load marked on the piece of equipment, accessory or machinery;   (f)static test:  "static test" means the test during which the machinery or the lifting accessory is first inspected and the subjected to a force corresponding to the maximum working load multiplied by the appropriate static test coefficient and then re-inspected once  the said load has been released to ensure no damage has occured;   (g)dynamic test:  "dynamic test" means the test during which the machinery is operated in all its possible configurations at maximum working load with account being taken of the dynamic behaviour of the machinery in order to check that the machinery and safety features  are functioning properly.    4.1.2.Protection against mechanical hazards   4.1.2.1.Risks due to lack stability   Machinery must be so designed and constructed that the stability required in 1.3.1 is maintained both in service and out of service, including all stages of transportation, assembly and dismantling, during foreseeable component failures and also during  the tests carried out in accordance with the instruction handbook.   To that end, the manufacturer or his authorized representative established within the Community must use the appropriate verification methods; in particular, for self-propelled industrial trucks with lift exceeding 1,80 m, the manufacturer or his  authorized representative established within the Community must, for each type of industrial truck concerned, perform a platform stability test or similar test, or have such tests performed.    4.1.2.2.Guide rails and rail tracks   Machinery must be provided with devices which act on the guide rails or tracks to prevent derailment.   However, if derailment occurs despite such devices, or if there is a failure of a rail or of a running component, devices must be provided which prevent the equipment, component or load from falling or the machine overturning.    4.1.2.3.Mechanical strength  Machinery, lifting accessories and removable components must be capable of withstanding the stresses to which they are subjected, both in and, where applicable, out of use, under the installation and operating conditions provided for by the  manufacturer, and in all relevant configurations, with due regard, where appropriate, to the effects of atmospheric factors and forces exerted by persons. This requirement must also be satisfied during transport, assembly and dismantling.  Machinery and  lifting accessories must be designed and constructed so as to prevent failure from fatigue or wear, taking due account of their intended use.   The materials used must be chosen on the basis of the working environments provided for by the manufacturer, with special reference to corrosion, abrasion, impacts, cold brittleness and ageing.   The machinery and the lifting accessories must be designed and constructed to withstand the overload in the static tests without permanent deformation or patent defect. The calculation must take account of the values of the static test coefficient  chosen to guarantee an adequate level of safety: that coefficient has, as a general rule, the following values:   (a)manually-operated machinery and lifting accessories: 1,5;   (b)other machinery: 1,25.   Machinery must be designed and constructed to undergo, without failure, the dynamic tests carried out using the maximum working load multipled by the dynamic test coefficient. This dynamic test coefficient is chosen so as to guarantee an adequate level  of safety: the coefficient is, as a general rule, equal to 1,1.   The dynamic tests must be performed on machinery ready to be put into service under normal conditions of use. As a general rule, the tests will be performed at the nominal speeds laid down by the manufacturer. Should the control circuit of the  machinery allow for a number of simultaneous movements (for example, rotation and displacement of the load), the tests must be carried out under the least favourable conditions, i.e. as a general rule, by combining the movements concerned.    4.1.2.4.Pulleys, drums, chains or ropes   Pulleys, drums and wheels must have a diameter commensurate with the size of rope or chains with which they can be fitted.   Drums and wheels must be so designed, constructed and installed that the ropes or chains with which they are equipped can wind round without falling off.   Ropes used directly for lifting or supporting the load must not include any splicing other than at their ends (splicings are tolerated in installations which are intended from their design to be modified regularly according to needs for use). Complete  ropes and their endings have a working coefficient chosen so as to guarantee an adequate level of safety; as a general rule, this coefficient is equal to five.   Lifting chains have a working coefficient chosen so as to guarantee an adequate level of safety; as a general rule, this coefficient is equal to four.   In order to verify that an adequate working coefficient has been attained, the manufacturer or his authorized representative established within the Community must, for each type of chain and rope used directly for lifting the load, and for the rope  ends, perform the appropriate tests or have such tests performed.    4.1.2.5.Separate lifting accessories   Lifting accessories must be sized with due regard to fatigue and ageing processes for a number of operating cycles consistent with their expected life-span as specified in the operating conditions for a given application.  Moreover:   (a)the working coefficient of the metallic rope/rope-end combination is chosen so as to guarantee an adequate level of safety; this coefficient is, as a general rule, equal to five. Ropes must not comprise any splices or loops other than at their ends;    (b)where chains with welded links are used, they must be of the short-link type. The working coefficient of chains of any type is chosen so as to guarantee an adequate level of safety; this coefficient is, as a general rule, equal to four;   (c)the working coefficient for textile ropes or slings is dependent on the material, method of manufacture, dimensions and use. This coefficient is chosen so as to guarantee an adequate level of safety; it is, as a general rule, equal to seven,  provided the materials used are shown to be of very good quality and the method of manufacture is appropriate to the intended use. Should this not be the case, the coefficient is, as a general rule, set at a higher level in order to secure an equivalent  level of safety.   Textile ropes and slings must not include any knots, connections or splicing other than at the ends of the sling, except in the case of an endless sling;   (d)all metallic components making up, or used with, a sling must have a working coefficient chosen so as to guarantee an adequate level of safety; this coefficient is, as a general rule, equal to four;   (e)the maximum working capacity of a multi-legged sling is determined on the basis of the safety coefficient of the weakest leg, the number of legs and a reduction factor which depends on the slinging configuration;   (f)in order to verify that an adequate working coefficient has been attained, the manufacturer or his authorized representative established within the Community must, for each type of component referred to in (a), (b), (c) and (d) perform the  appropriate tests or have such tests performed.    4.1.2.6.Control of movements  Devices for controlling movements must act in such a way that the machinery on which they are installed is kept safe:   (a)machinery must be so designed or fitted with devices that the amplitude of movement of its components is kept within the specified limits. The operation of such devices must, where appropriate, be preceded by a warning;   (b)where several fixed or rail-mounted machines can be manoeuvred simultaneously in the same place, with risks of collision, such machines must be so designed and constructed as to make it possible to fit systems enabling these risks to be avoided,   (c)the mechanisms of machinery must be so designed and constructed that the loads cannot creep dangerously of fall freely and unexpectedly, even in the event of partial or total failure of the power supply or when the operatior stops operating the  machine;   (d)it must not be possible, under normal operating conditions, to lower the load solely by friction brake, except in the case of machinery, whose function requires it to operate in that way;   (e)holding devices must be so designed and constructed that inadvertent dropping of the loads is avoided.    4.1.2.7.Handling of loads   The driving position of machinery must be located in such a way as to ensure that widest possible view of trajectories of the moving parts, in order to avoid possible collisions with persons or equipment or other machinery which might be manoeuvring at  the same time and liable to constitute a hazard.   Machinery with guided loads fixed in one place must be designed and constructed so as to prevent exposed persons from being hit by the load or the counter-weights.    4.1.2.8.Lightning Machinery in need of protection against the effects of lightning while being used must be fitted with a system for conducting the resultant electrical charges to earth.    4.2.Special requirements for machinery whose power source is other than manual effort    4.2.1.Controls    4.2.1.1.Driving position  The requirements laid down in section 3.2.1 also apply to non-mobile machinery.    4.2.1.2.Seating   The requirements laid down in section 3.2.2, first and second paragraphs, and those laid down in section 3.2.3 also apply to non-mobile machinery.    4.1.2.3.Control devices   The devices controlling movements of the machinery or its equipment must return to their neutral position as soon as they are released by the operator. Hoever, for partial or complete movements in which there is no risk of the load or the machinery  colliding, the said devices may be replaced by controls authorizing automatic stops at preselected levels without holding a hold-to-run control device    4.1.2.4.Loading control   Machinery with a maximum working load of not less than 1 000 kilograms or an overturning moment of not less than 40 000 Nm must be fitted with devices to warn the driver and prevent dangerous movements of the load in the event of:   -overloading the machinery  -either as a result of maximum working loads being exceeded, or   -as a result of the moments due to the loads being exceeded,   -the moments conducive to overturning being exceeded as a result of the load being lifted.    4.2.2.Installation guided by cables   Cable carriers, tractors or tractor carriers must be held by counter-weights or by a device allowing permanent control of the tension.    4.2.3.Risks to exposed persons. Means of access to driving position and intervention points   Machinery with guided loads and machinery whose load supports follow a clearly defined path must be equipped with devices to prevent any risks to exposed persons.    4.2.4.Fitness for purpose   When machiney is placed on the market or is first put into service, the manufacturer or his authorized representative established within the Community must ensure, by taking appropriate measures or having them taken, that lifting accessories and  machinery which are ready for use - whether manually or power-operated - can fulfil their specified functions safely. The said measures must take into account the static and dynamic aspects of the machinery.   Where the machinery cannot be assembled in the manufacturer's premises, or in the premises of his authorized representative established within the Community, appropriate measures must be taken at the place of use. Otherwise, the measures may be taken  either in the manufacturer's premises or at the place of use.    4.3.Marking    4.3.1.Chains and ropes   Each length of lifting chain, rope or webbing not forming part of an assembly must bear a mark or, where this is not possible, a plate or irremovable ring bearing the name and address of the manufacturer or his authorized representative established in  the Community and the identifying reference of the relevant certificate.   The certificate should show the information required by the harmonized standards or, should those not exist, at least the following information:   -the name of the manufacturer or his authorized representative established within the Community,   -the address within the Community of the manufacturer or his authorized representative, as appropriate,   -a descripiton of the chain or rope which includes:   -its nominal size,   -its construction,   -the material from which it is made, and   -any special metallurgical treatment applied to the material,   -if tested, the standard used,   -a maximum load to which the chain or rope should be subjected in service. A range of values may be given for specified applications.    4.3.2.Lifting accessories   All lifting accessories must show the following particulars:   -identification of the manufacturer,   -identification of the material (e.g. international classification) where this information is needed for dimensional compatibility,   -identification of the maximum working load,   -EC mark.   In the case of accessories including components such as cables or ropes, on which marking is physically impossible, the particulars referred to in the first paragraph must be displayed on a plate or by some other means and securely affixed to the  accessory.   The particulars must be legible and located in a place where they are not liable to disappear as a result of machining, wear, etc., or jeopardize the strength of the accessory.    4.3.3.Machinery  In addition to the minimum information provided for in 1.7.3, each machine must bear, legibly and indelibly, information concerning the nominal load:   (i)displayed in uncoded form and prominently on the equipment in the case of machinery which has only one possible value;   (ii)where the nominal load depends on the configuration of the machine, each driving position must be provided with a load plate indicating, preferably in diagrammatic form or by means of tables, the nominal loads for each configuration.   Machinery equipped with a load support which allows access to persons and involves a risk of falling must bear a clear and indelible warning prohibiting the lifting of persons. This warning must be visible at each place where access is possible.    4.4.Instruction handbook    4.4.1.Lifting accessories  Each lifting accessory or each commercially indivisible batch of lifting accessories must be accompanied with an instruction handbook setting out at least the following particulars:   -normal conditions of use,   -instructions for use, assembly and maintenance,   -the limits of use (particularly for the accessories which cannot comply with 4.1.2.6 (e)).    4.4.2.Machinery   In addition to section 1.7.4, the instruction handbook must include the following information:   (a)the technical characteristics of the machinery, and in particular:   -where appropriate, a copy of the load table described in section 4.3.3 (ii),   -the reactions at the supports or anchors and characteristics of the tracks,   -where appropriate, the definition and the means of installation of the ballast;   (b)the contens of the logbook, if the latter is not supplied with the machinery;   (c)advice for use, particularly to offset the lack of direct sight of the load by the operator;   (d)the necessary instructions for performing the tests before first putting into service machinery which is not assembled on the manufacturer's premises in the form in which it is to be used.   5.ESSENTIAL SAFETY AND HEALTH REQUIREMENTS FOR MACHINERY INTENDED SOLELY FOR UNDERGROUND WORK  In addition to the essential safety and health requirements provided for in sections 1, 2, 3 and 4, machinery intended solely for underground work must be designed and constructed to meet the requirements below.    5.1.Risks due to lack of stability  Powered roof supports must be so designed and constructed as to maintain a given direction when moving and not slip before and while they come under load and after the load has been removed. They must be equipped with anchorages for the top plates of  the individual hydraulic props.    5.2.Movement  Powered roof supports must allow for unhindered movement of exposed persons.    5.3.Lighting The requirements laid down in the third paragraph of section 1.1.4 do not apply.    5.4.Control devices   The accelerator and brake controls for the movement of machinery running on rails must be manual. The deadman's control may be foot-operated, however.   The control devices of powered roof supports must be designed and laid out so that, during displacement operations, operators are sheltered by a support in place. The control devices must be protected against any accidental release.    5.5.Stopping  Self-propelled machinery running on rails for use in underground work must be equipped with a deadman's control acting on the circuit controlling the movement of the machinery.    5.6.Fire   The second indent of 3.5.2 is mandatory in respect of machinery which comprise highly flammable parts.   The braking system of machinery meant for use in underground working must be designed and constructed so as not produce sparks or cause fires.   Machinery with heat engines for use in underground working must be fitted only with internal combustion engines using fuel with a low vaporizing pressure and which exclude any spark of electrical origin.    5.7.Emissions of dust, gases etc.   Exhaust gases from internal combustion engines must not be discharged upwards.'            ANNEX II Items 12 to 15 are added to Annex IV to Directive 89/392/EEC:   '12.Machinery for underground working of the following types:   -machinery on rails: locomotives and brake-vans,   -hydraulic-powered roof supports,   -internal combustion engines to be fitted to machinery for underground working.   13.Manually-loaded trucks for the collection of household refuse incorporating a compression mechanism.   14.Guards and detachable transmission shafts with universal joints as described in section 3.4.7.   15.Vehicles servicing lifts.'


Avis juridique important

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31977L0095

Council Directive 77/95/EEC of 21 December 1976 on the approximation of the laws of the Member States relating to taximeters

Official Journal L 026 , 31/01/1977 P. 0059 - 0066 Finnish special edition: Chapter 13 Volume 7 P. 0003  Greek special edition: Chapter 13 Volume 6 P. 0003  Swedish special edition: Chapter 13 Volume 7 P. 0003  Spanish special edition: Chapter 13 Volume 7 P. 0007  Portuguese special edition Chapter 13 Volume 7 P. 0007

COUNCIL DIRECTIVE  of 21 December 1976  on the approximation of the laws of the Member States relating to taximeters  (77/95/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,  Having regard to the proposal from the Commission,  Having regard to the opinion of the European Parliament (1),  Having regard to the opinion of the Economic and Social Committee (2),  Whereas in the Member States both the construction and the methods of control of taximeters are subject to mandatory provisions which differ from one Member State to another and consequently hinder trade in such instruments ; whereas it is therefore necessary to approximate these provisions;  Whereas Council Directive 71/316/EEC of 26 July 1971 on the approximation of the laws of the Member States relating to common provisions for both measuring instruments and methods of metrological control (3), as amended by the Act of Accession (4), has laid down the EEC pattern approval and EEC initial verification procedures ; whereas, in accordance with that Directive, it is necessary to lay down the technical requirements which the fabrication and operation of taximeters must satisfy in order to be freely imported, marketed and used after having undergone the requisite inspections and having been provided with the required marks and signs,  HAS ADOPTED THIS DIRECTIVE:    Article 1 This Directive applies to time-distance meters called "taximeters".  Such meters are defined in 1.1 of the Annex hereto.   Article 2 Those taximeters which may bear EEC marks and signs are described in the Annex hereto.  They shall be subject to EEC pattern approval and to EEC initial verification under the conditions laid down in 1.2.2 of Annex II to Directive 71/316/EEC and under the conditions laid down in the Annex hereto.   Article 3 No Member State may refuse, prohibit or restrict the placing on the market of taximeters bearing the EEC pattern approval sign and the EEC partial initial verification mark provided for in 3.1.1.2 of Annex II to Directive 71/316/EEC.  It shall be the responsibility of the competent authorities of the Member States to ensure that the operations supplementary to EEC initial verification are carried out as provided for in 7.3 of the Annex hereto, before these instruments are put into service, if these operations are prescribed under national regulations and have not been carried out beforehand.   Article 4 1. Member States shall put into force the laws, regulations and administrative provisions necessary to comply with this Directive within 18 months of its notification, and shall forthwith inform the Commission thereof.  2. Member States shall communicate to the Commission the texts of the provisions of national law which they adopt or intend to adopt in the field covered by this Directive.   Article 5 This Directive is addressed to the Member States.     Done at Brussels, 21 December 1976.  For the Council  The President  A.P.L.M.M. van der STEE  (1)OJ No C 7, 12.1.1976, p. 38. (2)OJ No C 35, 16.2.1976, p. 12. (3)OJ No L 202, 6.9.1971, p. 1. (4)OJ No L 73, 27.3.1972, p. 14.     ANNEX    1. TERMINOLOGY      1.1. Time-distance meters, called "taximeters"  Time-distance meters, hereinafter called "taximeters", are instruments which, according to the characteristics of the vehicle in which they are installed and the tariffs for which they have been set, calculate automatically and indicate constantly when in use the amounts to be paid by the users of public vehicles, called taxis, on the basis of the distance covered and, below a certain speed, the time for which the vehicle is occupied, exclusive of various surcharges which may be authorized by local regulations in force in the Member States.  This Annex will be adjusted in line with the provisions of Article 17 of Directive 71/316/EEC to cover taximeters containing an electronic device in the measuring sequence. Until then, electronic taximeters cannot obtain EEC pattern approval.           1.2. Special terms  The indication on a taximeter depends - disregarding the tariff position - on a constant "k" of the instrument and on a characteristic coefficient "w" of the vehicle in which the instrument is installed. This coefficient "w" is a function of the effective circumference "u" of the wheels of the vehicle and of the transmission ratio of the number of revolutions of the wheels to the number of revolutions of the part provided on the vehicle to connect it to the taximeter.      1.2.1. Constant "k" of the taximeter  The constant "k" of a taximeter is a characteristic quantity that indicates the type and number of signals that the instrument must receive in order to give correctly an indication corresponding to a given distance travelled.  This constant "k" is expressed:        (a) in revolutions per indicated kilometre (rev/km), or               (b) in pulses per indicated kilometre (pulse/km),                 depending on whether the information relating to the distance travelled by the vehicle is fed into the taximeter in the form of a number of revolutions of its main shaft (drive shaft at point of entry to the instrument) or in the form of electrical signals.           1.2.2. Characteristic coefficient "w" of the vehicle  The characteristic coefficient "w" of a vehicle is a quantity indicating the type and number of signals intended for driving the taximeter, and displayed at the appropriate part provided for this purpose on the vehicle, corresponding to a given distance travelled.  This coefficient "w" is expressed:        (a) in revolutions per kilometre travelled (rev/km), or               (b) in pulses per kilometre travelled (pulse/km),                 depending on whether the information relating to the distance travelled by the vehicle is in the form of the number of revolutions of the part driving the taximeter or in the form of electrical signals.  This coefficient varies in relation to several factors, in particular tyre wear and tyre pressure, the load carried by the vehicle and the conditions in which the journey is made. It must be determined under the standard test conditions for the vehicle (1.2.7).           1.2.3. Effective circumference "u" of the wheels  The effective circumference "u" of the wheel of the vehicle which drives the taximeter directly or indirectly is the distance travelled by the vehicle during one complete revolution  of this wheel. When two wheels drive the taximeter jointly, the effective circumference is the mean of the effective circumferences of each of the two wheels, expressed in millimetres.  The effective circumference "u" is correlated with the characteristic coefficient "w" of the vehicle (1.2.2), and consequently this circumference, if it is necessary to identify it, must also be determined under the conditions described in 1.2.7.           1.2.4. Adapting device  The purpose of the adapting device is to adjust the characteristic coefficient "w" of the vehicle to the constant "k" of the taximeter.           1.2.5. Range of permissible errors  The range of the permissible errors mentioned in Section 5 depends solely on the instrument itself (instrumental errors). The true values (Section 5) used for the determination of errors are calculated from the constant "k" of the taximeter and the tariffs for which the meter has been set.  The range of persmissible errors determines the maximum deviation between the highest and the lowest of the indications.           1.2.6. Changeover speed  The changeover speed is the speed at which the drive of the indicating device of the taximeter changes over from time to distance travelled or vice versa.  It is obtained by dividing the "time" tariff by the "distance" tariff.           1.2.7. Standard test conditions for the vehicle (for determining its characteristic coefficient)  The "standard test conditions for the vehicle" are obtained when:      (a) the tyres fitted to the wheel or wheels driving the taximeter are of a type which has the same effective circumference "u" as that of the wheels which were used to determine characteristic coefficient "w".  They must be in good condition and be inflated to the correct pressure;           (b) the load carried by the vehicle is approximately 150 kg. (This corresponds by convention to the weight of two adult persons, including the driver.);           (c) the vehicle is moving under its own power, on flat and level ground, in a straight line, at a speed of 40 ± 5 km/h.             If the tests are carried out under different conditions, e.g. at different weights, different speeds, or at walking speed, using bench tests, etc., the results will be corrected by the conversion coefficients required to convert their value to that which would have been obtained under the "standard test conditions" specified above.                           2. UNITS OF MEASUREMENT  The following units of measurement only are authorized for the indications provided or displayed by taximeters:  - the metre or kilometre, for distance. However, until expiry of the transitional period during which the use of the imperial units of measurement shown in Chapters C and D of the Annex to Council Directive 71/354/EEC of 18 October 1971 relating to units of measurement (1), as last amended by Directive 76/770/EEC (2), is authorized  (1)OJ No L 243, 29.10.1971, p. 29. (2)OJ No L 262, 27.9.1976, p. 204.   within the Community, distances may be expressed in yards or miles in the United Kingdom or Ireland if those countries so desire,  - the second, minute, or hour, for time.  The fare must be expressed in the legal monetary units of the country where the vehicle is registered.       3. TECHNICAL CHARACTERISTICS      3.1. Measuring device and calculating device        3.1.1. The taximeter must be constructed in such a way that it calculates and indicates the fare solely on the basis of:          (a) the distance travelled (distance-based drive) when the vehicle is moving at a speed greater than the changeover speed;                   (b) the time (time-based drive) when the vehicle is moving at a speed below the changeover speed or has stopped.                                  3.1.2. The distance-based drive must be effected by the wheels, but reversing the vehicle must not result in a reduction in the fare or distance indicated.  The time-based drive must be effected by a timekeeping movement which can be activated only by operating the control device of the taximeter.  If the mechanical timekeeping movement is hand-wound, it must function for at least eight hours without rewinding, or for two hours if there is a winding system connected with each manual action which precedes the starting of the taximeter.  If the mechanical timekeeping movement is electrically wound, the process must be automatic.  The electrical timekeeping movement must be ready to function at all times.               3.1.3. With distance-based drive for each of the tariffs, the first change of indication must take place after an initial distance, determined according to the tariff regulations in each Member State, has been covered. The subsequent changes on the indicator must correspond to equal distance intervals.  With time-based drive for each of the tariffs, the first change of indication must take place after an initial time lapse determined according to the tariff regulations in each Member State. The subsequent changes on the indicator must correspond to equal time intervals.  Without any change in the drive base, the ratio between the initial distance and the subsequent distance intervals must be the same as that between the initial time and the subsequent time intervals, whichever tariff is used.               3.1.4. The adapting device must be so constructed that access cannot be gained to other parts of the taximeter by opening the housing.               3.1.5. The taximeter must be so designed that any modifications to the calculating device that are necessary to comply with tariff changes imposed by the tariff regulations in each Member State can be easily effected.  When the instrument is equipped to deal with a wider range of tariffs than is currently in force, the taximeters must, in all the supernumerary positions, calculate and indicate a fare based on one of the tariffs authorized by the tariff regulations in each Member State.                     3.2. Control device        3.2.1. It must not be possible to set the mechanism of the taximeter in motion until it has been activated by the control device set in one of the following authorized positions:                3.2.2. "FOR HIRE" position  In the "FOR HIRE" position:          (a) there must be no indication of a fare to be paid, or this indication must be equal to zero. This indication may however be equal to the initial charge in those Member States where such indication is in use at the time of adoption of this Directive;                   (b) neither the distance-based drive nor the time-based drive must actuate the device indicating the fare to be paid;                   (c) the device indicating possible supplements (3.3.7) must be blank or bear the indication "zero".                                  3.2.3. Other positions  The control device must be so designed that, starting from the "FOR HIRE" position, the taximeter can be set successively in the following operating positions:          (a) in the various operating positions at any of the existing tariffs in ascending order of magnitude or in any other order authorized by the tariff regulations in each Member State ; in these positions, the time-based drive, the distance-based drive and supplement indicator, if any, must be engaged;                   (b) in a "STOPPED" position showing the final amount to be paid exclusive of any supplement. In this position, the time-based drive must be disengaged and the distance-based drive must be engaged at the tariff authorized by the relevant regulations in each Member State.                                  3.2.4. Operation of the control device  Operation of the control device is subject to the following restrictions:          (a) starting from an operating position at any tariff, it must not be possible to return the taximeter to the "FOR HIRE" position without passing through the "STOPPED" position. However, transition from one tariff to another must still be-possible;                   (b) starting from the "STOPPED" position, it must not be possible to return the taximeter to the operating position at any tariff without passing through the "FOR HIRE" position;                   (c) the taximeter must be so designed that changing from one tariff to another by passing through the "FOR HIRE" position is possible only if the conditions specified for this position on the control device (3.2.2) are fully complied with while it passes through this position;                   (d) it must be impossible to operate the control device in such a way that the taximeter can assume other positions than those specified above.                                  3.2.5. Special provisions  Independently of the requirements set out above, the succession of different tariffs may also be effected automatically as a function of a given distance travelled or of a time during which the vehicle was occupied, as specified by the tariff regulations in each Member State.                     3.3. Indicating device        3.3.1. The dial of the taximeter must be so constructed that the indications of interest to the passenger can be easily read either by day or by night.               3.3.2. The fare to be paid, excluding possible supplements, must be evident from simply reading an indication in aligned figures of 10 mm minimum height.  When the instrument has been started from the "FOR HIRE" position by operation of the control device, a fixed amount corresponding to the initial charge must be shown on the indicating device.  Thereafter, the fare indication must change discontinuously by successive increments of a constant monetary value.                3.3.3. The taximeter must be provided with a device which constantly indicates the engaged operating position on the dial in conformity with the national requirements.               3.3.4. The taximeter must be designed to enable a repeater control device to indicate on the outside of the vehicle the operating position or the tariff in use.  This repeater device must in no case disturb the correct operation of the instrument or enable access to be gained to the mechanism or to the drive of the taximeter.               3.3.5. If the mandatory indications are not presented in the form of luminous figures or letters, the taximeter must have incorporated in it a device to illuminate these indications which does not dazzle but is strong enough to ensure easy reading.  It must be possible to replace the light source of this device without opening the sealed parts of the instrument.               3.3.6. It must be possible to provide the taximeter with totalizers specified or authorized by national regulations, such as recorders indicating:          (a) the total distance travelled by the vehicle;                   (b) the total distance travelled when hired;                   (c) the total number of "hirings";                   (d) the number of registered incremental fare units.                     These recorders must correctly fulfil the function for which they are intended. They must show the information in aligned figures of a minimum apparent height of 4 mm.               3.3.7. It must be possible to provide the taximeter with a supplement indicator conforming to national regulations, which is independent of the fare indicator, and which automatically returns to zero in the "FOR HIRE" position.  These supplements must be indicated by means of aligned figures of a minimum apparent height of 8 mm and must not exceed the height of the figures showing the fare.                     3.4. Optional supplementary devices  A taximeter may in addition be fitted with supplementary devices such as:        (a) recording devices of interest to the vehicle owner;               (b) card or tape-printing devices indicating the fares to be paid.                 The presence of such devices and their operation must not affect the correct operation of the taximeter itself.           3.5. Construction      3.5.1. Taximeters must be strongly and soundly constructed.  Their essential components must be made of materials guaranteeing adequate strength and stability.           3.5.2. The housing of the taximeter itself and that of any adapting device not incorporated in the housing of the taximeter, as well as the sleeves of the transmission members, must be so constructed that the essential components of the mechanism cannot be reached from the outside and are protected against dust and moisture.  Access to the components permitting adjustment without damaging the guarantee seals must be impossible (Section 6.).                            4. MARKINGS      4.1. General markings and identification  Each taximeter must bear on the dial or on a sealed plate the following markings, easily visible and legible under normal conditions of installation:        (a) the manufacturer's name and address or mark;               (b) the type designation of the instrument, its number and year of manufacture;               (c) the EEC pattern approval sign;               (d) its constant "k" ; (given to a relative accuracy of not less than 0 72 %).                 Each taximeter must be provided with spaces for the following:        (a) additional information, if appropriate, relating to the instrument or the vehicle in conformity with the requirements of the national regulations;               (b) apart from the EEC partial initial verification mark, the other marks provided for under national regulations.                          4.2. Special markings      4.2.1. The meaning of the values indicated must be displayed clearly, legibly and unambiguously, near the windows of all indicating devices.           4.2.2. The name or symbol of the monetary unit must be displayed next to the indication of the fare for the journey and the indication of the supplements to be paid.                            5. RANGE OF PERMISSIBLE ERRORS  For the test bench inspection of a time-distance meter which is ready for installation and has been fitted with its accessories, the (conventional) true value of the quantities measured shall be that resulting from the "k" value displayed on the instrument and the tariff(s) for which the instrument has been set.  The true value of these quantities must be contained between the highest and the lowest of the permitted indications.      5.1. With distance-based drive, the range of permissible errors for a given distance travelled must not exceed:        (a) for the initial distance (3.1.3) : 2 % of the true value ; however, for initial distances of less than 1 000 metres, a range of 20 metres is acceptable;               (b) for subsequent distances : 2 % of the true value.                          5.2. With time-based drive, the range of permissible errors for a given time must not exceed:        (a) for the initial time (3.1.3) : 3 % of the true value ; however, for initial times of less than 10 minutes, a range of 18 seconds is acceptable.               (b) for subsequent times : 3 % of the true value.                          5.3. National regulations shall specify whether the whole measuring system (taximeter + vehicle) must be adjusted in such a way that the limits of the range of permissible errors are symmetric or asymmetric in relation to the zero error ; for distance-based drive this is the error which relates to the actual distance travelled by the vehicle.                  6. SEALING      6.1. The following taximeter components must be so constructed that it is possible to seal them with a seal mark:        (a) the housing in which the internal mechanism of the taximeter is enclosed;               (b) the housing of the adapting device ;                (c) the protective covers of the mechanical or electrical devices which link the entry point on the taximeter with the corresponding component provided on the vehicle to connect it to the instrument, including the detachable parts of the adapting device;               (d) when the timekeeping mechanisms are electrically wound and the taximeter control device is electrically driven : the electrical cable connections;               (e) any plates for the mandatory markings or for the verification marks;               (f) the electrical cable connections of the repeater device, if fitted, referred to in 3.3.4.                          6.2. Any such seals must be so affixed that all access to the protected components and connections is impossible without damaging a seal mark.           6.3. The EEC pattern approval certificate shall specify where the seals are to be placed and, whenever necessary, the nature and form of the sealing devices.                  7. EEC INITIAL VERIFICATION      7.1. If complete EEC verification is required, the initial verification of a taximeter shall be carried out in several stages.           7.2. First stage : the taximeter shall receive the EEC partial initial verification mark when:        (a) its pattern has received EEC pattern approval;               (b) the instrument conforms to the approved pattern and bears the markings required by 4.1;               (c) the range-of these errors complies with the requirements of 5.1 and 5.2.                          7.3. Subsequent stages : these shall be the responsibility of the authorities in the country where the taximeter is to be used.  They include:  - prior to installation on the vehicle:      (a) checking of the adjustment of the instrument in accordance with 5.3;           (b) checking of the tariff adjustment in accordance with national regulations.             - after installation on the vehicle:  checking of the measuring system thus constructed.