title: COMMISSION IMPLEMENTING REGULATION (EU) …/... laying down detailed provisions as regards the use of rear aerodynamic devices pursuant to Directive 96/53/EC

text:
                            EUROPEAN
                            COMMISSION
                                                     Brussels, 15.11.2019
                                                     C(2019) 8056 final
               COMMISSION IMPLEMENTING REGULATION (EU) …/...
                                         of 15.11.2019
   laying down detailed provisions as regards the use of rear aerodynamic devices pursuant
                                    to Directive 96/53/EC
EN                                                                                EN
 ---pagebreak---                  COMMISSION IMPLEMENTING REGULATION (EU) …/...
                                              of 15.11.2019
   laying down detailed provisions as regards the use of rear aerodynamic devices pursuant
                                         to Directive 96/53/EC
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Directive 96/53/EC of 25 July 1996 laying down for certain road
   vehicles circulating within the Community the maximum authorised dimensions in national
   and international traffic and the maximum authorised weights in international traffic 1, and in
   particular Article 8b(4) thereof,
   Whereas:
   (1)     Improved aerodynamic performance of vehicles has a significant potential to reduce
           fuel consumption and thus to reduce CO2 emissions. However, significant
           improvements in the aerodynamic performance of vehicles are not possible unless the
           authorised dimensions of road vehicles, including aerodynamic devices, allow this.
           Therefore, Directive 96/53/EC was amended in order to provide derogations to the
           maximum authorised length for vehicles, at the front and at the rear, subject to certain
           conditions.
   (2)     To ensure the safety of retractable or foldable aerodynamic rear devices, the situations
           where such devices may be used, or closed, should be specified, in particular, with
           regard to the proximity of other road users, the special characteristics of the area and
           the speed limits. The compatibility of retractable or foldable aerodynamic rear devices
           with intermodal transport operations should also be ensured, notably when
           manoeuvring on and off intermodal transport units and to withstand wind forces when
           being transported on such units.
   (3)     It should also be noted that vehicles or vehicles combinations which are mounted with
           aerodynamic rear devices shall comply with the requirements of Directive 96/53/EC,
           and in particular those relating to the swept circle set out in point 1.5 of its Annex I.
   (4)     The measures provided for in this Regulation are in accordance with the opinion of the
           Committee referred to in Article 10i(2) of Directive 96/53/EC.
   HAS ADOPTED THIS REGULATION:
                                                 Article 1
                                             Subject matter
   This Regulation lays down detailed provisions for the use of aerodynamic rear devices
   mounted on vehicles and vehicle combinations in accordance with Directive 96/53/EC.
   1
           OJ L 235, 17.9.1996, p. 59.
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 ---pagebreak---                                                   Article 2
                                                Definitions
   For the purposes of this Regulation, the following definitions apply:
   (a)       ’devices’ means aerodynamic devices mounted at the rear of vehicles or vehicle
             combinations;
   (b)       ‘in-use position’ means the position of devices in a deployed aerodynamic drag-
             reducing position;
   (c)       ‘closed position’ means the position of devices in a folded or retracted position,
             which is safely secured.
                                                  Article 3
                                         Operational conditions
   1.        Member States may prohibit the circulation of vehicles or vehicle combinations
             equipped with devices in the in-use position in urban or interurban areas, where this
             is required by the competent authorities, taking into account the special
             characteristics of such areas, in particular where speed limits are 50 km/h or less and
             where there may be vulnerable road users.
   2.        The devices shall be in the closed position in situations or areas where special
             attention or consideration is necessary. This may occur:
             (a)    while manoeuvring, reversing or parking the vehicle;
             (b)    when the vehicle is parked;
             (c)    while loading or unloading goods.
   3.        The use of devices in intermodal transport operations shall be subject to the
             following requirements:
             (a)    in preparation of and during intermodal transport the devices shall be in the
                    closed position;
             (b)    the devices shall not protrude more than 25 mm on each side of the vehicle and
                    the total width of the vehicle including the devices shall not exceed 2 600 mm;
   4.        Defective, unsafe or malfunctioning devices shall be kept in the closed position or,
             where possible, immediately removed.
   5.      By way of exception to paragraphs 2 and 3(a), devices are not required to be in the
           closed position where, in accordance with Part B point 1.3.1.1.3, Part C point
           1.3.1.1.3, and Part D point 1.4.1.1.3 of Annex I to Regulation (EU) No 1230/2012,
           they are not required to be retractable or foldable if the maximum dimensional
           requirements are complied with under all conditions.
                                                  Article 4
                                             Entry into force
   This Regulation shall enter into force on the twentieth day following that of its publication in
   the Official Journal of the European Union.
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 ---pagebreak---    This Regulation shall be binding in its entirety and directly applicable in all Member States.
   Done at Brussels, 15.11.2019
                                                 For the Commission
                                                 The President
                                                 Ursula VON DER LEYEN
EN                                                 3                                              EN