COUNCIL DIRECTIVE of 26 June 1975 on the approximation of the laws of the Member States relating to the reverse and speedometer equipment of motor vehicles (75/443/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 which motor vehicles must satisfy pursuant to national laws relate inter alia to the reverse and the speedometer;
Whereas these requirements, particularly those relative to the speedometer, differ from one Member State to another ; whereas it is therefore necessary that all Member States adopt the same provisions either in addition to or in place of their existing rules, in order, in particular, that the EEC type-approval procedure which was the subject of Council Directive No 70/156/EEC (3) 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, may be applied in respect of each type of vehicle;
Whereas the approximation of national laws relating to motor vehicles involves the mutual recognition by Member States of the inspections carried out by each of them on the basis of common provisions ; whereas, for such a system to function successfully, these provisions must be applied by all Member States with effect from the same date,
HAS ADOPTED THIS DIRECTIVE:
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 km/h, with the exception of vehicles which run on rails, agricultural tractors and machinery, and public works vehicles.
Article 2
No Member State may refuse to grant EEC type-approval or national type-approval of a vehicle on grounds relating to the reverse and the speedometer if these satisfy the requirements set out in Annexes I and II to this Directive.
Article 3
No Member State may refuse registration or prohibit the sale, entry into service or use of a vehicle on (1)OJ No C 5, 8.1.1975, p. 41. (2)OJ No C 47, 27.2.1975, p. 44. (3)OJ No L 42, 23.2.1970, p. 1.
grounds relating to the reverse or the speedometer if these satisfy the requirements set out in Annexes I and II to this Directive.
Article 4
The Member State which grants EEC type-approval shall take the necessary steps to be informed of any modification to any of the parts or characteristics referred to in section 2.1 of Annex II. The competent authorities of that Member State shall determine whether it is necessary to carry out further tests on the modified vehicle type and to prepare a new report. If these tests show that the requirements of this Directive have not been complied with the modification shall not be authorized.
Article 5
Member States in which vehicle speed is, at the time of adoption of this Directive, measured in miles per hour, shall be permitted to require speedometer equipment fitted to vehicles sold in their countries to be marked both in kilometres per hour and in miles per hour, until such time as their national legislation is amended to require only the use of metric (SI) units of measurement in accordance with the provisions of Council Directive No 71/354/EEC (1) of 18 October 1971 on the approximation of the laws of the Member States relating to units of measurement, as amended by the Treaty of Accession (2).
Article 6
The amendments needed to adapt the requirements of Annexes I and II to technical progress shall be adopted in accordance with the procedure laid down in Article 13 of Directive No 70/156/EEC.
Article 7
1. Member States shall adopt and publish by 1 April 1976 the provisions necessary to comply with this Directive and shall forthwith inform the Commission thereof.
They shall implement these provisions with effect from 1 January 1977.
2. After notification of this Directive, Member States shall take steps to inform the Commission, in sufficient time for it to make comments, of any draft laws, regulations or administrative provisions which they intend to adopt in the field covered by the Directive.
Article 8
This Directive is addressed to the Member States.
Done at Luxembourg, 26 June 1975.