Avis juridique important

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31983L0276

Council Directive 83/276/EEC of 26 May 1983 amending Directive 76/756/EEC on the approximation of the laws of the Member States relating to the installation of lighting and light-signalling devices on motor vehicles and their trailers

Official Journal L 151 , 09/06/1983 P. 0047 - 0048 Spanish special edition: Chapter 13 Volume 14 P. 0072  Portuguese special edition Chapter 13 Volume 14 P. 0072

*****COUNCIL  DIRECTIVE  of 26 May 1983  amending Directive 76/756/EEC on the approximation of the laws of the Member States relating to the installation of lighting and light-signalling devices on motor vehicles and their trailers  (83/276/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 (1),  Having regard to the opinion of the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers (4), as last amended by Directive 80/1267/EEC (5), and by the 1979 Act of Accession, stipulates that the provisions necessary for implementing the EEC type-approval procedure in respect of each of the parts and characteristics of vehicles are to be adopted by means of separate Directives; whereas the provisions relating to the installation of lighting and light-signalling devices were adopted by means of Directive 76/756/EEC (6), as amended by Directives 80/233/EEC (7) and 82/244/EEC (8);  Whereas, since the method adopted by Directive 70/156/EEC for harmonizing laws is 'optional', manufacturers have chosen not to invoke the Community provisions enacted by Directive 76/756/EEC, on the grounds that the latter provide for dipped-beam alignment (item 4.2.6 of Annex I, as amended Directive 82/244/EEC), and have preferred to have recourse to the relevant national provisions, which do not for the time being include such alignment; whereas, in order to justify their choice, manufacturers cite technical difficulties and the costs of implementing the Community requirement in question, especially in the case of small cars;  Whereas, since the provisions concerning dipped-beam alignment came into force, technical developments and factors have arisen which, like dipped-beam alignment, are related to the problem of glare; whereas these developments consist, in particular, of efforts to improve the aerodynamic shape of vehicles, which influences the mounting height of the dipped-beam level lamps, as well as of measures to control light intensity; whereas, in order not to give rise to unnecessary complications, these considerations being inter-related, it is desirable temporarily and adequately to limit application of the provisions, which deal with only a part of the whole;  Whereas in order to enable the Community rules on lighting and light-signalling devices to be effectively  applied, the date of entry into force of the requirements concerning dipped-beam adjustment on new vehicles should be postponed to 1 October 1984; whereas it is also necessary to provide that the restrictions concerning the first entry into service of vehicles conforming to the type approved before 1 October 1984 shall not enter into force less than three years later, in order to give manufacturers time to adapt their models;  Whereas, for the sake of greater clarity, it is now desirable to bring together in a single text all the enacting terms of Directive 76/756/EEC and subsequent amendments, including those made by this Directive,  HAS ADOPTED THIS DIRECTIVE:  Article 1  Articles 1 to 5 of Directive 76/756/EEC are hereby replaced by the following:  'Article 1  For the purposes of this Directive, "vehicle'' means any motor vehicle intended for use on the road, with or without bodywork, having at least four wheels and a maximum design speed exceeding 25 kilometres per hours, and its trailers, with the exception of vehicles which run on rails, agricultural or forestry tractors and machinery, and public-works vehicles.  Article 2  1. No Member State may:  - refuse, in respect of a type of vehicle, to grant EEC type-approval or national type-approval, or  - refuse or prohibit the sale, registration, entry into service or use of vehicles,  on grounds relating to the installation on the vehicles of the lighting and light-signalling devices, whether mandatory or optional, listed in items 1.5.7 to 1.5.20 of Annex I if these devices are installed in accordance with the requirements set out in Annex I.  2. By way of derogation from paragraph 1, compliance with the provisions of item 4.2.6 of Annex I shall be required only with effect from 1 October 1984. However, where devices such as those referred to in item 4.2.6.2 are installed before that date, they must satisfy the requirements set out in item 4.2.6. Where EEC type-approval (or the issue of the document referred to in the last indent of Article 10 (1) of Directive 70/156/EEC) or national type-approval was granted after 1 October 1979 and before 1 October 1984 in respect of a vehicle type that does not comply with the requirements referred to in paragraph 1, Member States may prohibit the first entry into service of vehicles of that type with effect from 1 October 1987.  Article 3  A Member State which has granted EEC type-approval shall take the necessary measures to ensure that it is informed of any modification to any of the parts or characteristics referred to in item 1.1 of Annex I. The competent authorities of that Member State shall determine whether further tests should be carried out on the modified vehicle type and a fresh report drawn up. Where such tests reveal failure to comply with the requirements of this Directive, the modification shall not be approved.  Article 4  Any amendments necessary in order to adjust the content of the Annexes to take account of technical progress shall be adopted in accordance with the procedure laid down in Article 13 of Directive 70/156/EEC.  Article 5  1. Member States shall bring into force the provisions necessary in order to comply with this Directive not later than 1 October 1983. They shall forthwith inform the Commission thereof.  2. Once this Directive has been notified to the Member States (1) they shall ensure that the Commission is informed, in sufficient time to enable it to submit its comments, of any draft laws, regulations or administrative provisions which they intend to adopt in the field covered by this Directive.  (1) This Directive was notified to the Member States on 1 June 1983.'  Article 2  This Directive is addressed to the Member States.  Done at Brussels, 26 May 1983.  For the Council  The President  Otto Graf LAMBSDORFF  (1) OJ No C 279, 22. 10. 1982, p. 5.  (2) OJ No C 68, 14. 3. 1983, p. 87.  (3) OJ No C 77, 21. 3. 1983, p. 1.  (4) OJ No L 42, 23. 2. 1970, p. 1.  (5) OJ No L 375, 31. 12. 1980, p. 34.  (6) OJ No L 262, 27. 9. 1976, p. 1.  (7) OJ No L 51, 22. 5. 1980, p. 8.  (8) OJ No L 109, 22. 4. 1982, p. 31.


Avis juridique important

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31974L0408

Council Directive 74/408/EEC of 22 July 1974 on the approximation of the laws of the Member States relating to the interior fittings of motor vehicles (strength of seats and of their anchorages)

Official Journal L 221 , 12/08/1974 P. 0001 - 0009 Finnish special edition: Chapter 13 Volume 4 P. 0042  Greek special edition: Chapter 13 Volume 3 P. 0003  Swedish special edition: Chapter 13 Volume 4 P. 0042  Spanish special edition: Chapter 13 Volume 4 P. 0015  Portuguese special edition Chapter 13 Volume 4 P. 0015

COUNCIL DIRECTIVE  of 22 July 1974  on the approximation of the laws of the Member States relating to the interior fittings of motor vehicles (strength of seats and of their anchorages)  (74/408/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;  Whereas the technical requirements which motor vehicles must satisfy pursuant to national laws relate, inter alia, to interior fittings for the strength of seats and their anchorages;  Whereas these requirements differ from one Member State to another ; whereas it is therefore necessary that all Member States adopt the same requirements either in addition to or in place of their existing regulations in order, in particular, to allow of the EEC type-approval procedure, which was the subject of Council Directive No 70/156/EEC (2) of 6 February 1970 on the approximation of laws of the Member States relating to the type-approval of motor vehicles and their trailers, to be applied in respect of each type of vehicle;  Whereas common requirements for the interior fittings of the passenger compartment, the layout of the controls, the roof, the backrests and the rear part of the seats have been laid down by Council Directive No 74/60/EEC (3) of 17 December 1973 ; whereas requirements for the internal fittings for the behaviour of the steering mechanism in the event of an impact have been laid down by Council Directive 74/297/EEC (4) of 4 June 1974 ; whereas other requirements for the internal fittings, and in particular those relating to the head restraint, the seat belt anchorages and the layout of the controls, will be adopted at a later date;  Whereas it is appropriate to utilize basically certain technical requirements adopted by the UN Economic Commission for Europe in its Regulation No 17 (5) (Uniform provisions concerning the approval of vehicles with regard to the strength of the seats and of their anchorages) which is annexed to the Agreement of 20 March 1958 concerning the adoption of uniform conditions of approval and reciprocal recognition of approval for motor vehicle equipment and parts;  Whereas the approximation of national laws relating to motor vehicles entails mutual recognition by  (1)OJ No C 108, 10.12.1973, p. 75. (2)OJ No L 42, 23.2.1970, p. 1. (3)OJ No L 38, 11.2.1974, p. 2. (4)OJ No L 165, 20.6.1974, p. 16. (5)>PIC FILE= "T0006114">   Member States of inspection carried out by each of them on the basis of common provisions ; whereas such a system must, if it is to function smoothly, be applied by all Member States with effect from the same date,  HAS ADOPTED THIS DIRECTIVE:    Article 1 1. For the purposes of this Directive, "vehicle" means any motor vehicle designed for use on the road, with or without bodywork, having at least four wheels and a maximum design speed exceeding 25 km/h, with the exception of vehicles which run on rails, agricultural and forestry tractors and machinery and public works vehicles.  2. This Directive does not apply to seats with built-in seat belt anchorages, to folding ("tip-up") seats, or to side-facing or rearward-facing seats.   Article 2 No Member State may refuse to grant EEC type-approval or national type-approval of a vehicle on grounds relating to the strength of the seats or their anchorages if these meet the requirements set out in Annexes I and II when the vehicle belongs to category M1, and the requirements set out in Annex III when the vehicle belongs to categories M2, M3, N1, N2 or N3. The vehicle categories are defined in Annex I to Directive No 70/156/EEC.   Article 3 No Member State may refuse to register or prohibit the sale, entry into service or use of any vehicle on grounds relating to the strength of the seats or their anchorages if these meet the requirements set out in Annex I and II when the vehicle belongs to category M1, and the requirements of Annex III when the vehicle belongs to categories M2, M3, N1, N2 or N3.   Article 4 The Member State which has granted type-approval must take the necessary measures to ensure that it is informed of any modification of any part or characteristic referred to in Annex I, 2.2. The competent authorities of that State shall determine whether fresh tests should be carried out on the modified vehicle and a fresh report drawn up. Where such tests reveal failure to comply with the requirements of this Directive, the modification shall not be approved.   Article 5 Modifications which are necessary to adapt the provisions of Annexes I to IV to take account of technical progress shall be adopted in accordance with the procedure laid down in Article 13 of Directive No 70/156/EEC.   Article 6 1. By 1 March 1975, the Member States shall adopt and publish the provisions necessary to comply with this Directive and shall immediately inform the Commission thereof.  They shall apply these provisions from 1 October 1975.  2. As soon as this Directive has been notified, the Member States shall ensure that any draft laws, regulations or administrative provisions which they intend to adopt in the field covered by this Directive are communicated to the Commission in sufficient time for the latter to submit its comments thereon.   Article 7 This Directive is addressed to the Member States.      Done at Brussels, 22 July 1974.  For the Council  The President  J. SAUVAGNARGUES     ANNEX I (1) GENERAL, DEFINITIONS, APPLICATION FOR EEC TYPE-APPROVAL, EEC TYPE-APPROVAL, GENERAL SPECIFICATIONS, TESTS, INSPECTION, CONFORMITY OF PRODUCTION    1. GENERAL      1.1. The specifications set out in this Annex apply to vehicles in category M1 only.                 2. DEFINITIONS  For the purposes of this Directive:   (2.1.)    2.2. "vehicle type with regard to the strength of the seats and their anchorages" : motor vehicles which do not differ in such essential respects as:      2.2.1. the structure, shape, dimensions and materials of the seats,           2.2.2. the types and dimensions of the seat-back adjustment and locking systems,           2.2.3. the types and dimensions of the seat anchorage and of the affected parts of the vehicle body-shell;             2.3. "anchorage" means the system by which the seat assembly is secured to the vehicle body, including the affected parts of the vehicle body-shell;    2.4. "adjustment system" means the device by which the seat or its parts can be adjusted to a position suited to the morphology of the seated occupant ; this device may, in particular, permit of:      2.4.1. longitudinal displacement,           2.4.2. vertical displacement,           2.4.3. angular displacement;              2.5. "displacement system" means a device enabling the seat or one of its parts to be displaced angularly or longitudinally, without a fixed intermediate position, to facilitate access by passengers;    2.6. "locking system" means a device ensuring that the seat and its parts are maintained in the position of use;   2.7. "folding (tip-up) seat" means a seat the back of which can be folded forward onto the seat and the seat of which can be pivoted forward in relation to the floor.        3. APPLICATION FOR EEC TYPE-APPROVAL      3.1. The application for EEC type-approval of a vehicle type with regard to the strength of the seats and their anchorages shall be submitted by the vehicle manufacturer or by his authorized representative.           3.2. It shall be accompanied by the undermentioned documents, in triplicate, and by the following particulars:        3.2.1. a detailed description of the vehicle type with regard to the design of the seats, their anchorages and their adjustment and locking system,               3.2.2. drawings, on an appropriate scale and in sufficient detail, of the seats, their anchorages to the vehicle and their adjustment and locking systems.  (1)The text of this Annex I is basically similar to that of UN Economic Commission for Europe Regulation No 17 ; in particular, the subdivisions of the sections are the same. Where an item of Regulation No 17 has no corresponding item in this Annex, the number is shown in brackets for the record.                           3.3. The following must be submitted to the technical service responsible for conducting the type-approval tests:        3.3.1. a vehicle representative of the vehicle type to be approved,               3.3.2. an additional set of the seats with which the vehicle is equipped, with their anchorages.                                 4. EEC TYPE-APPROVAL  (4.1.)   (4.2.)    4.3. A certificate conforming to the model shown in Annex IV shall be attached to the EEC type-approval certificate.   (4.4.)    (4.4.1.)    (4.4.2.)    (4.5.)    (4.6.)     5. GENERAL SPECIFICATIONS      5.1. Every adjustment and displacement system provided shall incorporate a locking system, which shall operate automatically.           5.2. The unlocking control for a device as referred to in item 2.5 shall be placed on the outside of the seat close to the door. It shall be easily accessible, even to the occupant of the seat immediately behind the seat concerned.                  6. TESTS      6.1. Test of strength of seat back and of its locking systems        6.1.1. For this test, the seat back, if adjustable, shall be locked in a position corresponding to a rearward inclination as near as possible to 25º from the vertical of the reference line of the torso of the manikin described in item 3 of Annex II, unless otherwise specified by the manufacturer.               6.1.2. A force producing a moment of 53 mdaN in relation to the H point shall be applied longitudinally and rearwards to the upper part of the seat-back by a component simulating the back of the manikin described in item 3 of Annex II.                          6.2. Test of strength of seat anchorage and of seat locking systems        6.2.1. The systems shall, in all seated positions, withstand the forces prescribed in item 6.2.2. Nevertheless, this requirement shall be deemed to be met if the test carried out in the positions specified in item 6.2.5 and, where appropriate, in item 6.2.6 is satisfactory.               6.2.2. A horizontal longitudinal force passing through the centre of gravity of the complete seat and equal to 20 times the weight of the complete seat shall be applied to the seat frame. Two tests shall be performed on the same seat, the force being applied once in the forward and once in the rearward direction. If the seat comprises separate parts each of which is secured to the frame, the tests shall be performed on each part in the manner described above. If the seat comprises components secured in part to the vehicle body-shell and supporting one another by some of their parts, the tests shall be performed simultaneously by applying to the centre of gravity of each part the forces corresponding to each component considered separately.               6.2.3. For the test prescribed in item 6.2.1, the link between the seat back and the cushion may be reinforced, on condition that the reinforcing components are secured to the frame of the seat back, level with the point of application of the force and at the most forward point of the frame of the cushion.                6.2.4. The conditions laid down in item 6.2.2 may be regarded as met if two forces, each equal to one-half of the prescribed force, are applied level with the centre of gravity to the lateral load-bearing components of the seat frame.               6.2.5. The seat shall be tested:          6.2.5.1. in the position in which the occupant is seated furthest forward, the cushion being placed in the highest forward position when the force is applied in a forward direction, and                   6.2.5.2. in the position in which the occupant is seated furthest rearward, the cushion being placed in the lowest rearward position when the force is applied in a rearward direction.                                  6.2.6. In cases where the arrangement of the locking systems is manifestly such that in a seat position other than those defined in items 6.2.5.1 and 6.2.5.2 a distribution of the forces on the locking systems and seat anchorage would be less favourable than with the configurations defined in those items, the tests shall be repeated in that seat position.                          6.3. Tests of resistance of locking systems to inertia effects        6.3.1. If a horizontal longitudinal acceleration of 20 g is applied in the forward and in the rearward direction to the seat assembly, no release of the locking systems shall be determinable.               6.3.2. A calculation of inertia effects on all components of the locking systems may be accepted in place of the dynamic test prescribed in item 6.3.1. Frictional forces shall be disregarded in such a calculation.                          6.4. Equivalent methods of testing shall be permitted provided that the results specified in items 6.1, 6.2 and 6.3 can be obtained either entirely by means of the substitute test or by calculation from the results of the substitute test. If any method other than that described in items 6.1, 6.2 and 6.3 is used, proof of its equivalence shall be required.                  7. INSPECTION       7.1. No failure shall be determinable in the seat frame or in the seat anchorage, adjustment and displacement systems or their locking devices during the tests prescribed in items 6.1 and 6.2. The adjustment and displacement systems and their locking devices shall not, however, be required to be in working order after these tests. The displacement system referred to in item 2.5 must, however, be capable of being unlocked after testing.    (8.)    9. CONFORMITY OF PRODUCTION  (9.1.)        9.2. In order to verify conformity with the approved type, a sufficient number of random checks shall be performed on serially-produced vehicles.       9.3. As a general rule, the checks shall be confined to measuring dimensions. If necessary, however, the vehicles or the seats shall be subjected to tests conforming to the requirements of item 6.   (10.)   (11.)             ANNEX II PROCEDURE FOR DETERMINING THE H POINT AND THE ACTUAL SEAT-BACK ANGLE AND FOR VERIFYING THEIR RELATIONSHIP TO THE R POINT AND THE DESIGN SEAT-BACK ANGLE    0. GENERAL  The specifications in this Annex apply to vehicles in category M1 only.       1. DEFINITIONS      1.1. The H point : see item 1.1 of Directive No 74/60/EEC.           1.2. The R point : see item 1.2 of Directive No 74/60/EEC.           1.3. "Seat-back angle" means the inclination of the seat back in relation to the vertical.           1.4. "Actual seat-back angle" means the angle formed by the vertical through the H point with the torso reference line of the human body represented by the manikin described in item 3.           1.5. "Design seat-back angle" means the angle indicated by the manufacturer which:        1.5.1. determines the seat-back angle for the lowest and rearmost normal driving or travelling position of each seat provided in the vehicle by the manufacturer,               1.5.2. is formed at the R point by the vertical and the torso reference line,               1.5.3. corresponds theoretically to the actual seat-back angle.                                 2. DETERMINATION OF H POINTS  See item 2 of Annex IV to Directive No 74/60/EEC.       3. DESCRIPTION OF THE MANIKIN  See item 3 of Annex IV to Directive No 74/60/EEC.       4. SETTING UP THE MANIKIN  See item 4 of Annex IV to Directive No 74/60/EEC.       5. RESULTS      5.1. When the manikin has been set up as described in point 4, the H point of the vehicle seat concerned shall be the H point on the manikin.           5.2. Each of the coordinates of the H point and the actual seat back angle shall be measured as accurately as possible. The same shall apply to the coordinates representing specific points of the passenger compartment. The projections of these points on a vertical longitudinal plane shall then be plotted on a graph, which would also indicate the actual seat back angle measured.                  6. VERIFYING THE RELATIVE POSITIONS OF THE R AND H POINTS AND THE RELATIONSHIP BETWEEN THE DESIGN SEAT-BACK ANGLE AND THE ACTUAL SEAT-BACK ANGLE    6.1. The results of the measurements carried out in conformity with item 5.2 for the H point and the actual seat-back angle shall be compared with the coordinates of the R point and the design seat-back angle as supplied by the vehicle manufacturer.        6.2. The checking of the relationship between the two points shall be considered satisfactory for the seating position in question, provided that the H point coordinates lie within a longitudinal rectangle whose horizontal and vertical sides are 30 mm and 20 mm respectively, and whose diagonals intersect at the R point. The checking of the seat-back angle shall be considered satisfactory if the actual seat-back angle is within 3º of the design seat-back angle. If these conditions are met, the R point and the design seat-back angle shall be used for the test and, if necessary, the manikin shall be so adjusted that the H point coincides with the R point and the actual seat-back angle coincides with the design seat-back angle.       6.3. If the H point or the actual seat-back angle does not satisfy the requirements of item 6.2, two further determinations of the H point shall be carried out (three in all).  In two of the three points so determined lie within the rectangle, the result of the test shall be considered satisfactory.       6.4. If at least two of the three points determined lie outside the rectangle, the result of the tests shall be considered unsatisfactory.       6.5 In the case referred to in point 6.3 or when verification cannot be carried out because the vehicle manufacturer has failed to provide data on the position of the R point, the average result of the three determinations of the H point may be used and considered applicable in all cases where the R point is mentioned in this Directive.       6.6. When checking the relationship of the R and the H points in a vehicle in current production, the rectangle mentioned in point 6.2 above shall be replaced by a square whose side measures 50 mm.            ANNEX III GENERAL SPECIFICATIONS    1. GENERAL      1.1. The requirements set out in this Annex apply to vehicles in categories M2, M3, N1, N2 or N3.                  2. GENERAL SPECIFICATIONS    2.1. Seats and bench seats must be firmly attached to the vehicle.       2.2. Sliding seats and bench seats must be automatically lockable in all the positions provided.       2.3. Adjustable seat backs must be lockable in all the positions provided.       2.4. All seats which can be tipped forward or have fold-down backs must lock automatically in the normal position.            ANNEX IV SAMPLE >PIC FILE= "T0006115">


title: Directive 2005/40/EC of the European Parliament and of the Council of 7 September 2005 amending Council Directive 77/541/EEC on the approximation of the laws of the Member States relating to safety belts and restraint systems of motor vehicles   (Text with EEA relevance)

text:
               30.9.2005

               EN

               Official Journal of the European Union

               L 255/146

      DIRECTIVE 2005/40/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 7 September 2005
   amending Council Directive 77/541/EEC on the approximation of the laws of the Member States relating to safety belts and restraint systems of motor vehicles
   (Text with EEA relevance)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Economic and Social Committee (1),
   Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
   Whereas:

               (1)

               Research has shown that the use of safety belts and restraint systems can contribute to a substantial reduction in the number of fatalities and the severity of injury in the event of an accident, even due to rollover. Their fitting in all categories of vehicles will certainly constitute an important step forward in bringing about an increase in road safety and a consequent saving of lives.

               (2)

               A substantial benefit to society can be attained if all vehicles are provided with safety belts.

               (3)

               In its Resolution of 18 February 1986 on common measures to reduce road accidents, as part of the Community's programme for road safety (3), the European Parliament stressed the need for making the wearing of safety belts compulsory for all passengers, including children, except in public service vehicles. Therefore, a distinction has to be made between public service buses and other vehicles as regards the compulsory installation of safety belts and/or restraint systems.

               (4)

               Pursuant to Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers (4), the Community type-approval system has only been implemented for all new vehicles of category M1 since 1 January 1998. Consequently, only these vehicles have to be fitted with safety belts and/or restraint systems fulfilling the provisions of Directive 77/541/EEC (5).

               (5)

               Until the Community type-approval system is extended to all categories of vehicles, the installation of safety belts and/or restraint systems should be required, in the interests of road safety, in vehicles belonging to categories other than M1.

               (6)

               Directive 77/541/EEC already provides for all technical and administrative provisions allowing the type-approval of vehicles of categories other than M1. Therefore, the Member States do not need to introduce further provisions.

               (7)

               Since the entry into force of Commission Directive 96/36/EC of 17 June 1996 adapting to technical progress Council Directive 77/541/EEC relating to safety belts and restraint systems of motor vehicles (6), several Member States have already made compulsory the provisions contained therein in respect of certain categories of vehicles other than M1. Manufacturers and their suppliers have thus developed the appropriate technology.

               (8)

               Directive 2001/85/EC of the European Parliament and of the Council of 20 November 2001 relating to special provisions for vehicles used for the carriage of passengers comprising more than eight seats in addition to the driver's seat (7), makes provision for allowing persons of reduced mobility such as disabled people to access more easily vehicles used for the carriage of passengers comprising more than eight seats. It is necessary to allow Member States to permit the installation of safety belts and/or restraint systems which do not comply with the technical specifications of Directive 77/541/EEC but are specifically designed for the purposes of securing those people in such vehicles.

               (9)

               Directive 77/541/EEC should be amended accordingly.

               (10)

               Since the objective of this Directive, namely the improvement of road safety by the introduction of the compulsory fitting of safety belts in certain categories of vehicles, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale of the action, be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective,

         HAVE ADOPTED THIS DIRECTIVE:
   Article 1
   Amendments to Directive 77/541/EEC
   Directive 77/541/EEC is hereby amended as follows:

               1.

               the following Article shall be inserted:
               ‘Article 2a
               1.   Member States may, under national law, allow the installation of safety belts or restraint systems other than those covered by this Directive provided they are intended for disabled people.
               2.   Member States may also exempt restraint systems designed to comply with the provisions of Annex VII to Directive 2001/85/EC of the European Parliament and of the Council of 20 November 2001 relating to special provisions for vehicles used for the carriage of passengers comprising more than eight seats in addition to the driver's seat (8) from the provisions of this Directive.
               3.   The requirements of Annex I, point 3.2.1 of this Directive shall not apply to seat belts and restraint systems covered by paragraphs 1 and 2.

               2.

               in Article 9, the following paragraph shall be added:
               ‘Vehicles of category M2 and M3 shall be subdivided into classes as defined in section 2 of Annex I to Directive 2001/85/EC.’;

               3.

               Annex I shall be amended as follows:

                           (a)

                           the footnote related to point 3.1 shall be deleted;

                           (b)

                           point 3.1.1 shall be replaced by the following:

                                       ‘3.1.1.

                                       With the exception of seating intended solely for use when the vehicle is stationary, the seats of vehicles belonging to category M1, M2 (of class III or B), M3 (of class III or B) and N shall be equipped with safety belts and/or restraint systems conforming to the requirements of this Directive.
                                       Class I, II or A vehicles belonging to category M2 or M3 may be fitted with safety belts and/or restraint systems, provided they conform to the requirements of this Directive.’

         Article 2
   Measures envisaged for disabled people
   No later than 20 April 2008, the Commission shall examine specific procedures to harmonise requirements for safety belts intended for disabled people, based upon existing international standards and national legal requirements, in order to provide an equivalent level of safety to this Directive. If appropriate, the Commission shall present draft measures. Amendments to this Directive shall be adopted in accordance with Article 13 of Directive 70/156/EEC.
   Article 3
   Implementation
   1.   As from 20 April 2006, with respect to the installation of safety belts and/or restraint systems which comply with the requirements set out in Directive 77/541/EEC as amended by this Directive, Member States shall not:

               (a)

               refuse to grant EC type-approval or national type-approval, in respect of a type of vehicle;

               (b)

               prohibit the registration, sale or entry into service of new vehicles.

         2.   As from 20 October 2006, with respect to the installation of safety belts and/or restraint systems which do not comply with the requirements set out in Directive 77/541/EEC as amended by this Directive, Member States shall, in respect of a new type of vehicle:

               (a)

               no longer grant EC type-approval;

               (b)

               refuse to grant national type-approval.

         3.   As from 20 October 2007, with respect to the installation of safety belts and/or restraint systems which do not comply with the requirements set out in Directive 77/541/EEC as amended by this Directive, Member States shall:

               (a)

               consider certificates of conformity which accompany new vehicles as no longer valid for the purpose of Article 7(1) of Directive 70/156/EEC;

               (b)

               refuse the registration, sale or entry into service of new vehicles, except where the provisions of Article 8(2) of Directive 70/156/EEC are invoked.

         Article 4
   Transposition
   1.   Member States shall adopt and publish the laws, regulations and administrative provisions necessary to comply with this Directive before 20 April 2006. They shall forthwith inform the Commission thereof.
   2.   They shall apply those measures from 21 April 2006.
   3.   When Member States adopt those measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.
   4.   Member States shall communicate to the Commission the texts of the main provisions of national law, which they adopt in the field covered by this Directive.
   Article 5
   Entry into force
   This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   Article 6
   Addressees
   This Directive is addressed to the Member States.

      Done at Strasbourg, 7 September 2005.

            For the European Parliament

            The President

         J. BORRELL FONTELLES

            For the Council

            The President

         C. CLARKE

      (1)  OJ C 80, 30.3.2004, p. 10.

      (2)  Opinion of the European Parliament of 17 December 2003 (OJ C 91 E, 15.4.2004, p. 491), Council Common Position of 24 January 2005 (OJ C 111 E, 11.5.2005, p. 28), Position of the European Parliament of 26 May 2005 (not yet published in the Official Journal).

      (3)  OJ C 68, 24.3.1986, p. 35.

      (4)  OJ L 42, 23.2.1970, p. 1. Directive as last amended by Commission Directive 2004/78/EC (OJ L 153, 30.4.2004, p. 103).

      (5)  OJ L 220, 29.8.1977, p. 95. Directive as last amended by the 2003 Act of Accession.

      (6)  OJ L 178, 17.7.1996, p. 15.

      (7)  OJ L 42, 13.2.2002, p. 1.

      (8)  OJ L 42, 13.2.2002, p. 1.;’


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31999L0040

Commission Directive 1999/40/EC of 6 May 1999 adapting to technical progress Council Directive 79/622/EEC relating to the roll-over protection structures of wheeled agricultural or forestry tractors (static testing) (Text with EEA relevance)

Official Journal L 124 , 18/05/1999 P. 0011 - 0013

COMMISSION DIRECTIVE 1999/40/ECof 6 May 1999adapting to technical progress Council Directive 79/622/EEC relating to the roll-over protection structures of wheeled agricultural or forestry tractors (static testing)(Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to 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(1), as last amended by Directive 97/54/EC(2) of the European Parliament and of the Council and in particular Article 11 thereof,Having regard to Council Directive 79/622/EEC of 25 June 1979 on the approximation of the laws of the Member States relating to the roll-over protection structures of wheeled agricultural or forestry tractors(3), as last amended by Directive 88/413/EEC(4), and in particular Article 11 thereof,(1) Whereas, in order to improve safety, it is now necessary to clarify the testing arrangements for roll-over protective structures by taking account of the wide range of equipment used;(2) Whereas the arrangements for testing such structures should be harmonised with the arrangements defined in Organisation for Economic Cooperation and Development (OECD) code 4 for the official testing of protection structures of agricultural tractors (static tests);(3) Whereas the provisions of this Directive are in accordance with the opinion of the Committee for Adaptation to Technical Progress established by Article 12 of Directive 74/150/EEC,HAS ADOPTED THIS DIRECTIVE:Article 1Annexes II and III to Directive 79/622/EEC are hereby amended as shown in the Annex hereto.Article 21. From 1 July 2000, Member States may not:- refuse to grant EC type-approval, to issue the document provided for in the third indent of Article 10(1) of Directive 74/150/EEC, or to grant national type-approval, in respect of a type of tractor, or- prohibit the entry into service of tractors,if the tractors in question meet the requirements of Directive 79/622/EEC, as amended by this Directive.2. From 1 January 2001, Member States:- shall no longer issue the document provided for in the third indent of Article 10(1) of Directive 74/150/EEC in respect of any type of tractor which does not meet the requirements of Directive 79/622/EEC, as amended by this Directive,- may refuse to grant national type-approval in respect of any type of tractor which does not meet the requirements of Directive 79/622/EEC, as amended by this Directive.Article 31. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 30 June 2000 at the latest. They shall forthwith inform the Commission thereof.When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.2. Member States shall communicate to the Commission the text of the main provisions of domestic law that they adopt in the field governed by this Directive.Article 4This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.Article 5This Directive is addressed to the Member States.Done at Brussels, 6 May 1999.For the CommissionMartin BANGEMANNMember of the Commission(1) OJ L 84, 28.3.1974, p. 10.(2) OJ L 277, 10.10.1997, p. 24.(3) OJ L 179, 17.7.1979, p. 1.(4) OJ L 200, 26.7.1988, p. 32.ANNEXAnnexes II and III to Directive 79/622/EEC are amended as follows:1. in Annex II, the following text is added in point 1.2.4: "All components that the driver could himself remove shall be removed for the tests. If it is possible to keep the doors and windows open or to remove them when the tractor is in use, they must be kept open or removed during the tests, so as not to increase the strengh of the roll-over protection structure. If, in this position, they constitute a danger for the driver should the tractor roll over, the test report must refer to this fact.;"2. Annex III is amended as follows:(a) the following text is added to the first subparagraph of point 1.3: "In the case of a tractor with a reversible position, the load shall be applied to the upper extremity of the roll-over protection structure half-way between the two seat reference points.;"(b) the following points 2.2.11, 2.2.12 and 2.2.13 are inserted: "2.2.11. In the case of a tractor with a reversible driving position, the clearance shall be a combination of the two clearances determined for the two positions of the steering wheel and seat.2.2.12. In the case of a tractor which can be fitted with optional seats, the tests shall be based on the combined seat-reference-point clearance for all available seat options. The roll-over protection structure must not enter the combined clearance around the various seat reference points.2.2.13. Where a new seat option is proposed after the test has taken place, a calculation is made to determine whether the clearance around the new seat reference point is located entirely within the clearance previously established. If this is not the case, a new test is required.".


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31992L0114

Council Directive 92/114/EEC of 17 December 1992 relating to the external projections forward of the cab's rear panel of motor vehicles of category N

Official Journal L 409 , 31/12/1992 P. 0017 - 0030 Finnish special edition: Chapter 7 Volume 4 P. 0174  Swedish special edition: Chapter 7 Volume 4 P. 0174

COUNCIL DIRECTIVE  92/114/EEC of 17 December 1992 relating to the external projections forward of the cab's rear panel  of motor vehicles of category NTHE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article  100  a 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 measures should be adopted with the aim of progressively establishing the internal market  over a period expiring on 31 December 1992; whereas the internal market comprises an area without  internal frontiers in which the free movement of goods, persons, services and capital is ensured; Whereas the technical requirements which motor vehicles must satisfy pursuant to national laws  relate, inter alia, to the external projections of cabs of goods vehicles; Whereas these requirements differ from one Member State to another; whereas it is therefore  necessary that all Member States adopt the same requirements either in addition to or in place of  their existing rules in order to allow, in particular, the EEC type-approval procedure which was  the subject of Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of  Member States relating to the type-approval of motor vehicles and their trailers  (4), to be  applied in respect of each type of vehicle; Whereas, with a view to improving road safety, it is considered imperative and irgently necessary  that the cabs of motor vehicles of category N do not exhibit sharp external projections to reduce  the risk or the severity of injuries sustained by a person coming into contact with the external  surface of the vehicle in the event of an accident; Whereas it is recommended to follow the technical requirements of ECE Regulation No 61 (Economic  Commission for Europe of the United Nations) relating to the uniform provisions concerning external  projections of the cabs of goods vehicles; whereas this ECE Regulation is annexed to the Agreement  of 20 March 1958 concerning the adoption of uniform conditions of approval and reciprocal  recognition of approval for motor vehicle equipment and parts, HAS ADOPTED THIS DIRECTIVE:Article 1For the purposes of this Directive,  'vehicle` means any motor vehicle of category N, as defined in Annex I to Directive 70/156/EEC,  designed and constructed for use on the road, with or without bodywork, having at least four wheels  and a maximum design speed exceeding 25 km/h.Article 2No Member State may refuse EEC  type-approval or national type-approval of a vehicle type, or refuse or prohibit the sale,  registration, putting into service or use of a vehicle on grounds relating to their external  projections forward of the cab's rear panel, if such vehicles satisfy the requirements set out in  Annex I.Article 3Any amendments necessary to adapt the requirements of the Annexes to technical  progress shall be adopted in accordance with the procedure laid down in Article 13 of Directive  70/156/EEC.Article 41.    Member States shall bring into force the laws, regulations and  administrative provisions necessary to comply with this Directive not later than 1 June 1993. They shall apply these provisions from 1 October 1993. When Member States adopt these provisions, they shall contain a reference to this Directive or 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. 2.    Member States shall communicate to the Commission the text of the main provisions of national  law that they adopt in the field governed by this Directive.Article 5This Directive is addressed  to the Member States. Done at Brussels, 17 December 1992. For the CouncilThe PresidentR. NEEDHAM   (1)  OJ No C 230, 4. 9. 1991, p.  46.  (2)  OJ No C 67, 16. 3. 1992, p. 77; and OJ No C 305, 23. 11. 1992.  (3)OJ No C 49, 24. 2. 1992, p. 3.  (4)  OJ No L 42 23. 2. 1970, p. 1. Directive last amended by Directive 87/403/EEC (OJ No L 220, 8.  8. 1987, p. 44).   ANNEX I 1.SCOPEThis Directive applies to the external projections forward of the cab's  rear panel of motor vehicles of category N; it is limited to the external surface as defined below  and does not apply to the exterior rear-view mirrors, including their supports, or to the  accessories such as aerials and luggage racks. 2.DEFINITIONSFor the purposes of this Directive: 2.1.'External surface`   means that part of the vehicle forward of the cab's rear panel as defined  in 2.5, with the exception of the rear panel itself, and includes such items as the front wings,  front bumpers and front wheels; 2.2.'Vehicle type-approval`   means the approval of a vehicle type with regard to its external  projections; 2.3.'Vehicle type`   means motor vehicles which do not differ in such essential respects as the  'external surface`; 2.4.'Cab`   means that part of the bodywork which constitutes the driver and passenger compartment,  including the doors; 2.5.'Cab rear panel`   means the rearmost part of the external surface of the driver and passenger  compartment. Where it is not possible to determine the position of the rear cab panel, for the  purposes of this Directive it would be deemed to be the vertical transversal plane situated 50 cm  to the rear of the R point of the driver's seat, with the seat, if adjustable, located at its  rearmost driving position (see Annex III to Directive 77/649/EEC)  (1). If the cab is fitted with  more than one row of seats, the rearmost passenger seat in its rearmost position has to be taken  into account for the definition of the rear cab panel. However, the manufacturer may, with the  agreement of the technical services, request an alternative distance if 50  cm can be shown as  being inappropriate for particular vehicle; 2.6.'Reference plane`   means a horizontal plane passing through the centre of the front wheels or  a horizontal plane situated at the height of 50  cm above the ground, whichever is lower. This  plane is defined for the laden state of the vehicle; 2.7.'Floor line`   means a line determined as follows: When a vertical-axis cone of undetermined height having its side at an angle of 15° to the vertical  is moved about the external surface of the loaded vehicle so as to remain in contact with the  external surface of the body at its lowest point, the floor line is the geometrical trace of the  points of contact. In determining the floor line, no account is taken of the exhaust pipes or  wheels, or of functional mechanical features attached to the under-body such as jacking points,  suspension mountings or attachments for use in towing or in case of breakdown. In the spaces at the  outside of wheel arches an imaginary surface extending the adjacent external surfaces without  change of position is assumed. The front bumpers are taken into account in determining the floor  line. Depending on the type of vehicles, the trace of the floor line may be at either the outer  edge of the bumper profile or at the body panel below the bumper. Where there are two or more  points of contact at the same time, the lowest point of contact is used to determine the floor  line; 2.8.'Radius of curvature`   means the radius of the arc of a circle which comes closest to the  rounded form of the component under consideration. 2.9.'Laden vehicle`   means the vehicle at its technically permissible maximum laden mass and the  distribution of this mass among the axles as stated by the manufacturer. 3.GENERAL REQUIREMENTS3.1.The provisions of this Directive do not apply to these parts of the  'external surface` of the vehicle which, with the vehicle unladen, with doors, windows, access  lids, etc., in the closed position are either: 3.1.1.outside a zone having as its upper limit a horizontal plane situated 2,00 m above the ground  and as its lower limit either the reference plane defined in 2.6, or the floor line defined in 2.7,  as selected by the manufacturer; or3.1.2.located within the zone as described in 3.1.1, but in  static condition cannot be contracted by a sphere of 100 mm in diameter. 3.1.3.Where the reference plane is the lower limit of the zone, account is also taken of the parts  of the vehicle below the reference plane falling between two vertical planes, one touching the  extzernal surface of the vehicle and the other parallel to it and set at 80 mm towards the interior  of the vehicle from the point at which the reference plane touches the bodywork of the vehicle. 3.2.The 'external surface` of the vehicle must not exhibit, directed outwards, any part likely to  catch on pedestrians, cyclists or motor cyclists. 3.3.The 'external surface` of the vehicle must not exhibit, directed outwards, any pointed or sharp  parts or any projections of such shape, dimensions, direction or hardness as to be likely to  increase the risk or seriousness of bodily injury to a person hit by the external surface or  brushing against it in the event of a collision. 3.4.Projecting parts of the outer surface having a hardness of not more than 60 Shore A may have a  radius of curvature lower than the values prescribed in section 4 below. 4.SPECIFIC REQUIREMENTS4.1.Ornaments, commercial symbols, letters and numbers of commercial  markings4.1.1.Ornaments, commercial symbols, letters and numbers of commercial markings must not  have any radius of curvature of less than 2,5 mm. This requirement does not apply to these parts if  they do not protrude more than 5 mm from the surrounding surface; however, in this case their edges  directed outwards must be blunted. 4.1.2.Ornaments, commercial symbols, letters and numbers of commercial markings, which project more  than 10 mm from the surrounding surface must retract, become detached or bend over under a force of  10 daN exerted at their most salient point in any direction in a plane approximately parallel to  the surface on which they are mounted. To apply 10daN force a flat-ended ram of not more than 50 mm  diameter is used. Where this is not possible, an equivalent method must be used. After the  ornaments are retracted, detached or bent over, the remaining portion must not project more than 10  mm and have no pointed, sharp or cutting edges. 4.2.Headlamp visors and rims4.2.1.Projecting visors and rims are permitted on headlamps provided  that their projection as measured in relation to the external transparent surface of the headlamp  does not exceed 30 mm and their radius of curvature is at least 2,5 mm throughout. 4.2.2.Retracting headlamps must meet the requirements of 4.2.1 in both operative and retracted  positions. 4.2.3.The provisions of 4.2.1 do not apply to headlamps recessed in the body, or where the headlamp  is overhung by the body, provided the bodywork conforms to the requirements of 3.2. 4.3.GrillesParts of grilles must exhibit a radius of curvature of: -   not less than 2,5 mm if the distance between adjacent parts is more than 40 mm, - not less than 1 mm if the distance is between 25 and 40 mm, - not less than 0,5 mm if the distance is less than 25 mm. 4.4.Windscreen and headlamp cleaning devices4.4.1.The abovementioned devices must be such that the  wiper shafts havbe a protective covering with a radius of curvature of not less than 2,5 mm and a  surface area of not less than 150 mm2 measured in the projection of a section not further than 6,5  mm from the most protruding point. 4.4.2.Nozzles for windscreen washer and headlamp cleaning devices must have a radius of curvature  of not less than 2,5 mm. Those protruding less than 5 mm must have blunted outward facing edges. 4.5.Protective devices (bumpers)4.5.1.The ends of front protective devices must be turned in  towards the external surface of the body. 4.5.2.The components of the front protective devices must be so designed that all rigid surfaces  facing outwards have a radius of curvature of not less than 5 mm. 4.5.3.Equipment such as towing hitches and winches must not protrude beyond the foremost surface of  the bumper. However, winches may protrude beyond the foremost surface of the bumper provided they  are covered when not in use by a suitable protective covering having a radius of curvature of not  less than 2,5 mm. 4.5.4.The requirements of 4.5.2 do not apply to parts of the bumper or parts mounted on or inset in  the bumper which project less than 5 mm. The edges of devices projecting less than 5 mm must be  blunted. With respect to devices mounted on the bumpers and referred to in other sections of this  Directive, the particular requirements contained in this Directive remain applicable. 4.6.Handles, hinges, pushbuttons of doors, luggage compartments, bonnets, vents, access flaps and  grab handles4.6.1.The above parts must not protrude more than: 30 mm in the case of pushbuttons,  70 mm in the case of grab handles and bonnet-fasteners, and 50 mm in all other cases. They must  have radii of curvature of not less than 2,5 mm. 4.6.2.If lateral door handles rotate to operate, they must meet one or other of the following  requirements: 4.6.2.1.in the case of handles which rotate parallel to the plane of the door the open end of  handles must be directed towards the rear. The end of such handles must be turned back towards the  plane of the door and fitted into a protective surround or be recessed; 4.6.2.2.handles which pivot outwards in any direction which are not parallel to the plane of the  door must, when in the closed position, be enclosed in a protective surround or be recessed. The  open end must face either rearwards or downwards. Nevertheless, handles which do not comply with this last condition may be accepted if: -   they have an independent return mechanism, - should the return mecanisms fail, they cannot project more than 15 mm, - they, in such opened position, have a radius of curvature not less than 2,5 mm (this requirement  does not apply if in maximum opened position the projection is less than 5 mm, in which case the  angles of the parts facing outwards must be blunted), - their end surface area, when measured not more than 6,5 mm from the point projecting furthest, is  not less than 150 mm2. 4.7.Running boardsThe edges of running boards and steps must be rounded. 4.8.Lateral air and rain deflectors and window anti-smear air deflectorsEdges capable of being  directed outwards must have a radius of curvature of not less than 1 mm. 4.9.Sheet metal edgesSheet metal edges are permitted provided that the edge is folded back towards  the body so that it cannot be touched by a sphere of 100 mm diameter or is provided with a  protective covering having a radius of curvature of not less than 2,5 mm. 4.10.Wheel nuts, hub caps and protective devices4.10.1.The wheel nuts, hub caps and protective  devices must not exhibit any fin-shaped projections. 4.10.2.When the vehicle is travelling in a straight line, no part of the wheels, other than the  tyres, situated above the horizontal plane, passing through their axis of rotation, must project  beyond the vertical projection in a horizontal plane, of the body panel edge above the wheel.  However, if functional requirements so warrant, the protective devices which cover wheel nuts and  hubs may project beyond the vertical projection of the body panel edge above the wheel, on  condition that radius of curvature of the surface of the projection part is not less than 5 mm and  that the projection beyond the vertical projection of the body panel edge above the wheel in no  case exceeds 30 mm. 4.10.3.Protective device(s) conforming to 4.10.2 must be fitted if bolts or nuts protrude beyond  the projection of the outside surface of the tyre (the part of the tyre situated above the  horizontal plane passing through the axis of rotation of the wheel). 4.11.Jacking points and exhaust pipe(s)4.11.1.The jacking points (if any) and exhaust pipe or  pipes must not project more than 10 mm beyond the vertical projection of the floor line or the  vertical projection of the intersection of the reference plane with the external surface of the  vehicle. 4.11.2.Notwithstanding the above requirement, an exhaust pipe may project more than 10 mm provided  that its edges are rounded at the end to a radius of curvature of not less than 2,5 mm. 4.12.Projections and distances must be measured according to the requirements of Annex III. 5.APPLICATION FOR EEC TYPE-APPROVAL5.1.The application for EEC type-approval of a vehicle type  whith regard to external projections must be submitted by the vehicle manufacturer or by his  authorized representative. 5.2.It must be accompanied by the undermentioned documents in triplicate: 5.2.1.a description of the vehicle type, its external projections forward of the cab's rear panel,  comprising the particulars referred to in Annex III, along with the documentation required in  application of Article 3 of Directive 70/156/EEC; 5.2.2.photographs of the front and the side parts of the vehicle; 5.2.3.such dimensional drawings of the external surface, containing the external projections,  R-point, the reference plane or floor line, which in the opinion of the technical service are  required in order to demonstrate compliance with the provisions in 3 and 4. 5.3.The applicant must submit to the technical service responsible for conducting the approval  test: 5.3.1.a vehicle represantative of the type to be approved and part(s) of the vehicle deemed  essential to carry out the checks and tests required by this Directive; 5.3.2.certain parts and samples of the materials used, if so required by the technical service. 6.EEC TYPE-APPROVALEEC type-approval is granted and a certificate conforming to the model in Annex  IV issued, if the vehicle submitted for approval conforms with the provisions described in section  5 and meets the requirements in sections 3 and 4. At the manufacturer's request, any category N1 vehicle may be type-approval with regard to its  external projections forward of the cab's rear panel on the basis of the technical specifications  of Directive 74/483/EEC  (1). 7.EXTENSION OF EEC TYPE-APPROVAL7.1.Every modification of the vehicle type or of its external  projections forward of the cab's rear panel must be communicated to the administrative department  which approved the vehicle type. That department may then either: 7.1.1.consider that the modifications made are unlikely to have an appreciable adverse effect and  that in any case the vehicle still complies whith the requirements; or7.1.2.require a further test  report from the technical service responsible for conducting the tests. 7.2.The competent authority issuing the extension of approval must assign a series number of an  extension in the type-approval certificate as shown in Annex IV.   (1)  OJ No L 267, 19. 10. 1977, p. 1. Directive last amended by Directive 90/630/EEC  (OJ No L 341, 6. 12. 1990, p. 20).  (1)  OJ No L 266, 2. 10. 1974, p. 4.   ANNEX II MEASUREMENT OF PROJECTIONS AND DISTANCES 1.METHOD OF DETERMINING THE  DIMENSIONS OF THE PROJECTION OF A PART FITTED ON THE EXTERNAL SURFACE1.1.The dimensions of the  projection of a part mounted on a convex panel may b determined either directly or by reference to  a drawing of an appropriate section of the part in the fitted position. 1.2.If the projection of a part mounted on a panel other than convex cannot be determined by simple  measurement, it is determined by the maximum variation in the distance between the reference line  of the panel and the centre of a sphere of 100 mm diameter when the sphere is moved in constant  contact with the part. An example of the use of this method is given in figure 1. 1.3.For grab handles, the projection is measured in relation to a plane passing through the points  of attachment. An example is given in figure 2. 2.METHOD OF DETERMINING THE PROJECTION OF HEADLAMP VISORS AND RIMS2.1.The projection from the  outer surface of the headlamp is measured horizontally from the point of contact of a sphere of 100  mm diameter, as shown in figure 3. 3.METHOD OF DETERMINING THE DISTANCE BETWEEN PARTS OF A GRILLE3.1.The distance between parts of a  grille is the distance between two planes passing through the points of contact of the sphere and  perpendicular to the line joining the points of contact. Examples of the use of this method are  given in figures 4 and 5. >REFERENCE TO A FILM>  ANNEX III MODEL INFORMATION DOCUMENT (a) The following information, if applicable, must  be supplied in triplicate and must include a list of contents. Drawings, if any, must be supplied  in appropriate scale and in sufficient detail. If any systems, components or separate technical modules function by means of electronic controls,  details of their performance must be given. 0.GENERAL0.1.Make (trade name of manufacturer):   0.2.Type and general commercial  description(s):   0.3.Means of identification of type, if marked on the vehicle (b):     0.3.1.Location:   0.4.Category (c):   0.5.Name and address of manufacturer:   0.6.Location of  statutory plates and inscriptions and method of affixing: 0.6.1.On the chassis:   0.6.2.On the bodywork:   0.8.Address of assembly shops:   1.GENERAL  CONSTRUCTION CHARACTERISTICS OF THE VEHICLE1.1.Photographs or drawings of a typical vehicle: 1.2.Dimensional drawing of the whole vehicle:   1.3.Number of axles and wheels: 1.3.2.Number and position of steered wheels: 1.7.Driving cab (forward or normal): 2.MASSES AND DIMENSIONS (e) (in kg and mm) (refer to drawing where applicable)2.3.Axle track(s)  and width(s):   2.3.1.Track of each steered axle (i):   2.4.Range of vehicle dimensions  (overall)2.4.1.Chassis without bodywork2.4.1.2.Width (k):   2.4.1.3.Height (unladen) (l) (for  suspension adjustable for height, indicate normal running position):  2.4.1.4.Front overhang (m):   2.4.1.6.Ground clearance (as defined in 4.5.4 of Section A of  Annex II):   2.4.2.Chassis with bodywork2.4.2.2.Width (k):   2.4.2.3.Height (unladen) (l) (for  suspension adjustable for height, indicate normal running position): 2.4.2.4.Front overhang (m):   2.4.2.6.Ground clearance (as defined in 4.5.4 of Section A of Annex  II):   2.6.Mass of the vehicle with bodywork in running order, or mass of the chassis with cab if  the manufacturer does not fil the bodywork (including coolant, oils fuel, tools, spare wheel and  driver) (a) (maximum and minimum mass for each version):    2.6.1.Distribution of this mass among  the axles and in the case of a semi-trailer or of a trailer with central axles, the load on the  coupling point (maximum and minimum mass for each version):  2.8.Technically permissible maximum laden mass stated by the manufacturer (maximum and minimum  mass for each version) (y):   2.8.1.Distribution of this mass among the axles and in the case of a  semi-trailer or a trailer with central axles, the road at the coupling point (maximum and minimum  figure for each version):  2.9.Technically permissible maximum mass on each axle and, in the case of a semi-trailer or a  trailer with central axle, the load on the coupling point stated by the manufacturer:     5.AXLES5.1.Drawing of each axle, together with a statement of the materials used and (optionally)  of the make and type:   6.SUSPENSION6.1.Drawing of the suspension arrangements:   6.2.Type and  design of the suspension of each axle or wheel:   6.2.1.Level adjustment: yes/no   (1)6.3.Characteristics of the springing parts of the suspension (design, characteristics of the  materials and dimensions):   6.6.Tyres and wheels6.6.1.Combination(s) of tyres and wheels(for  tyres, give the designation of the dimensions, the minimum load capacity index, the minimum speed  category symbol; for wheels, state the rim dimensions and clearances)6.6.1.1.Axle No 1:    6.6.1.2.Axle No 2:     etc. 6.6.3.Tyre pressures as recommended by the manufacturer:   9.11.External projections:    9.11.1.General arrangement (drawing or photographs) indicating the positions of projecting  components:   9.11.2.Drawings or photographs of components such as door and window pillars,  air-intake grilles, radiator grilles, gutters, handles, slide rails, flaps, door hinges and locks,  hooks, eyes, decorative trim, badges emblems and recesses and any other external projections or  parts of the exterior surface which can be regarded as critical (e.g. lighting equipment). If the  parts listed above are not critical, for documentation purposes they may be replaced by  photographs, accompanied if necessary by dimensional details or text:    9.11.3.Drawings of parts  of the exterior surface in accordance with section 6.9.1 of Annex I to Directive 74/483/EEC:    9.11.4.Drawing of bumpers:   9.11.5.Drawing of the foor line: 9.16.Wheel covering:   9.16.1.Brief description of the type of vehicle with regard to its wheel  covering:    9.16.2.Detailed drawings of the wheel coverings and of their positions on the  vehicle indicating the dimensions stated in Figure 1 in Annex I to Directive 78/549/EEC, taking  account of the extremes of tyre/wheel combinations:    9.17.Statutory plates and  inscriptions9.17.1.Photographs or drawings of the locations of the statutory plates and  inscriptions and of the chassis number:   9.17.2.Photographs or drawings of the official part of  the plates and inscriptions (with an indication of dimensions):   9.17.3.Photographs or drawings  of the chassis number (with an indication of dimensions):  9.17.4.Explanation of compliance with the requirements of section 3 of Annex I to Directive  76/114/EEC drawn up by the manufacturer:    9.17.4.1.Meaning of the characters used in the second  part and, if appropriate, in the third part, to comply with 3.1.1.2:    9.17.4.2.If characters  are used in the second part to comply with 3.1.1.3, indication of those characters:     (1)  Delete where inapplicable.   ANNEX IV MODEL(maximum format: A4 (210 mm  ×  297 mm))EEC TYPE-APPROVAL  CERTIFICATE(vehicle)>TABLE>Communication concerning the-  type-approval  (1)-   extension of type-approval  (1)-  refusal of type-approval  (1)-  withdrawal of type-approval   (1)of a type of a vehicle with regard to Directive 92/104/EEC relating to the external projections  forward of the cat's rear panel of motor vehicles of category NEEC type-approval No:  ............................................... Extension No:   SECTION I0.GENERAL0.1.Make  (name of undertaking):   0.2.Type and general commercial description:   0.3.Means of  identification of type if marked on the vehicle  (2):    0.3.1.Location of that marking:    0.4.Category of vehicle  (3):   0.5.Name and address of manufacturer of basic vehicle:    Name  and address of manufacturer responsible or carrying out the last stage of the vehicle's  construction:    0.8.Name(s) and address(es) of assembly plant(s): SECTION II1.Additional information for a vehicle chassis cab/complete vehicle with bodywork   (1)1.1.Type of cab (forward or normal):    1.2.Width of cab on the vehicle:     mm1.3.Height of  cab on the vehicle:     mm1.4.Technically permissible maximum mass of the vehicle:      t1.5.Technically permissible maximum masses on the front axle(s): 1.5.1.1. Axle:     t1.5.2.2. Axle:     t1.5.3.3. Axle  (1)     t1.6.Tyre/wheel-sizes:    2.Technical department responsible for carrying out the tests:    3.Date of test report:    4.Number of test report:   5.Ground(s) for extending type-approval (where appropriate):     6.Comments (if any):    6.1.The vehicle type including the bodywork also complies with the  requirements of Directive 74/483/EEC: yes/no  (1)7.Place:   8.Date:   9.Signature:   10.A list  of documents making up the type-approval file lodged with the administrative department that has  granted type-approval, which may be obtained on request is attached.  (1)  Delete where inapplicable.  (2)  If the means of identification of type contains characters not relevant to describe the  vehicle types covered by this type-approval certificate such characters must be represented in the  documentation by the symbol '?` (e.g. abc ??123??).  (3)  As defined by footnote (b) of Annex I to Directive 70/156/EEC.  (1)  Delete where inapplicable.


Avis juridique important

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31974L0346

Council Directive 74/346/EEC of 25 June 1974 on the approximation of the laws of the Member States relating to rear-view mirrors for wheeled agricultural or forestry tractors

Official Journal L 191 , 15/07/1974 P. 0001 - 0004 Finnish special edition: Chapter 13 Volume 4 P. 0030  Greek special edition: Chapter 13 Volume 2 P. 0262  Swedish special edition: Chapter 13 Volume 4 P. 0030  Spanish special edition: Chapter 13 Volume 4 P. 0003  Portuguese special edition Chapter 13 Volume 4 P. 0003

COUNCIL DIRECTIVE  of 25 June 1974  on the approximation of the laws of the Member States relating to rear-view mirrors for wheeled agricultural of forestry tractors  (74/346/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 the technical requirements with which tractors must comply pursuant to national laws relate, inter alia, to rear-view mirrors;  Whereas these requirements differ from one Member State to another ; whereas it is therefore necessary that all Member States adopt the same requirements either in addition to or in place of their existing rules, in order in particular to allow the EEC type-approval procedure which was the subject of Council Directive No 74/150/EEC (3) 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 to be applied in respect of each type of tractor,  HAS ADOPTED THIS DIRECTIVE:    Article 1 1. "Agricultural or forestry tractor" means any motor vehicle, fitted with wheels or caterpillar tracks and having at least two axles, the main function of which lies in its tractive power and which is specially designed to tow, push, carry or power certain tools, machinery or trailers intended for agricultural or forestry use. It may be equipped to carry a load and passengers.  2. This Directive shall apply only to tractors defined in the preceding paragraph which are fitted with pneumatic tyres and which have two axles and a maximum design speed of between 6 and 25 km/h.   Article 2 No Member State may refuse to grant EEC type-approval or national type-approval of a tractor on grounds relating to rear-view mirrors if these satisfy the requirements set out in the Annex.  (1)OJ No 28, 17.2.1967, p. 462/67. (2)OJ No 42, 7.3.1967, p. 620/67. (3)OJ No L 84, 28.3.1974, p. 10.    Article 3 No Member State may refuse the registration or prohibit the sale, entry into service or use of tractors on grounds relating to rear-view mirrors if these satisfy the requirements set out in the Annex.   Article 4 The amendments necessary for adapting to technical progress the requirements of the Annex shall be adopted in accordance with the procedure laid down in Article 13 of Council Directive No 74/150/EEC.   Article 5 1. Member States shall put into force the provisions necessary in order to comply with this Directive within 18 months of its notification and shall forthwith inform the Commission thereof.  2. Member States shall ensure that the texts of the main provisions of national law which they adopt in the field covered by this Directive are communicated to the Commission.   Article 6 This Directive is addressed to the Member States.     Done at Luxembourg, 25 June 1974.  For the Council  The President  H. D. GENSCHER      ANNEX    1. DEFINITIONS      1.1. "Rear-view mirror" means any device intended to give, within the field of vision geometrically defined in item 2.5 below, a clear view to the rear which, within reasonable limits, is not blocked by component parts of the tractor or by the occupants of the tractor itself.           1.2. "Interior rear-view mirror" means a device as defined in item 1.1 which is fitted inside the cab or frame of a tractor.           1.3. "Exterior rear-view mirror" means a device as defined in item 1.1 which is mounted on any part of the external surface of a tractor.           1.4. "Class of rear-view mirror" means all rear-view mirrors having one or more common characteristics or functions. Interior rear-view mirrors are grouped in class I, exterior rear-view mirrors in class II.                  2. REQUIREMENTS FOR FITTING      2.1. General        2.1.1. Tractors may be fitted with rear-view mirrors of classes I and II only bearing the EEC type-approval mark laid down in Council Directive No 71/127/EEC (1) of 1 March 1971 on the approximation of the laws of the Member States relating to the rear-view mirrors of motor vehicles, as amended by the Act of Accession (2).               2.1.2. Rear-view mirrors must be fixed in such a way that they remain steady under normal driving conditions.                          2.2. Number  All tractors shall be equipped with at least one exterior rear-view mirror fitted to the left side of the tractor in Member States in which traffic drives on the right and to the right side of the tractor in Member States in which traffic drives on the left.           2.3. Position        2.3.1. The exterior rear-view mirror must be so placed that the driver, when sitting on the driving seat in a normal driving position, has a clear view of that part of the road defined in item 2.5.               2.3.2. The exterior rear-view mirror must be visible through the portion of the windscreen that is swept by the windscreen wiper or through the side windows if the tractor is fitted with them.               2.3.3. The rear-view mirror must not protrude beyond the external bodywork of the tractor or the tractor-trailer combination substantially more than is necessary to obtain the fields of vision laid down in item 2.5.               2.3.4. Where the bottom edge of an exterior rear-view mirror is less than 2 m above the ground when the tractor is laden, this rear-view mirror must not project more than 0.20 m beyond the overall width of the tractor or tractor-trailer combination measured without rear-view mirrors.               2.3.5. Subject to the requirements of items 2.3.3 and 2.3.4, rear-view mirrors may project beyond the tractor's permissible maximum width.                          2.4. Adjustment        2.4.1. Any interior rear-view mirror must be adjustable by the driver from his driving position.               2.4.2. The driver must be able to adjust the exterior rear-view mirror from within the tractor. The mirror may, however, be locked into position from the outside.  (1)OJ No L 68, 22.3.1971, p. 1. (2)OJ No L 73, 27.3.1972, p. 14.                2.4.3. The requirements of item 2.4.2 do not apply to exterior rear-view mirrors which, after being displaced, are returned automatically to their original position or can be restored to their original position without the use of tools.                          2.5. Fields of vision           2.5.1. Member States in which traffic drives on the right  The field of vision of the left hand exterior rear-view mirror must be such that the driver can see to the rear at least that level part of the road as far as the horizon, which is to the left of the plane parallel to the vertical longitudinal median plane and which passes through the leftmost point of the overall width of the tractor or tractor-trailer combination.           2.5.2. Member States in which traffic drives on the left  The field of vision of the right hand exterior rear-view mirror must be such that the driver can see to the rear at least that level part of the road, as far as the horizon, which is to the right of the plane parallel to the vertical longitudinal median plane and which passes through the rightmost point of the overall width of the tractor or tractor-trailer combination.