COUNCIL DIRECTIVE of 26 July 1971 on the approximation of the laws of the Member States relating to the braking devices of certain categories of motor vehicles and of their trailers (71/320/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 Parliament1;
Having regard to the Opinion of the Economic and Social Committee2;
Whereas the technical requirements which motor vehicles must satisfy pursuant to national laws relate, inter alia, to the braking devices of certain categories of motor vehicles and of their trailers;
Whereas those 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 instead of their existing rules, in order, in particular, to allow the EEC type approval procedure which was the subject of the Council Directive 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 to be applied in respect of each type of vehicle3;
Whereas the harmonised requirements must ensure road safety throughout the whole Community;
HAS ADOPTED THIS DIRECTIVE:
Article 1
1. For the purposes of this Directive, "vehicle" means any motor vehicle falling within one of the international categories listed below and intended for use on the road, such vehicle being with or without bodywork, having at least four wheels and a maximum design speed exceeding 25 km/h, and its trailers, with the exception of vehicles which run on rails, agricultural tractors and machinery and public works vehicles: (a) Category M : Motor vehicles having at least four wheels or having three wheels when the maximum weight exceeds 1 metric ton, and used for the carriage of passengers: - Category M1 : Vehicles used for the carriage of passengers, and comprising not more than eight seats in addition to the driver's seat;
- Category M2 : Vehicles used for the carriage of passengers, comprising more than eight seats in addition to the driver's seat, and having a maximum weight not exceeding 5 metric tons;
- Category M3 : Vehicles used for the carriage of passengers, comprising more than eight seats in addition to the driver's seat, and having a maximum weight exceeding 5 metric tons.
(b) Category N : Motor vehicles having at least four wheels or having three wheels when the maximum weight exceeds 1 metric ton, and used for the carriage of goods: - Category N1 : Vehicles used for the carriage of goods and having a maximum weight not exceeding 3 75 metric tons;
- Category N2 : Vehicles used for the carriage of goods and having a maximum weight exceeding 3 75 but not exceeding 12 metric tons; 1 OJ No C 160, 18.12.1969, p. 7. 2 OJ No C 100, 1.8.1969, p. 13. 3 OJ No L 42, 23.2.1970, p. 1.
- Category N3 : Vehicles used for the carriage of goods and having a maximum weight exceeding 12 metric tons.
(c) Category O : Trailers (including semi-trailers): - Category O1 : Trailers with a maximum weight not exceeding 0 775 metric tons;
- Category O2 : Trailers with a maximum weight exceeding 0 775 but not exceeding 3 75 metric tons;
- Category O3 : Trailers with a maximum weight exceeding 3 75 but not exceeding 10 metric tons;
- Category O4 : Trailers with a maximum weight exceeding 10 metric tons.
2. Articulated category M vehicles made up of two non-separable but articulated units shall be considered to be single vehicles.
3. In the case of a category M or N drawing vehicle designed to be coupled to a semi-trailer, the maximum weight to be taken into consideration when classifying that vehicle shall be the weight of the drawing vehicle in running order plus the maximum weight transferred to the drawing vehicle by the semi-trailer and, where appropriate, the maximum weight of the drawing vehicle's own load.
4. In the case of category N vehicles, the equipment and fittings of certain special vehicles not intended for the carriage of passengers (such as crane vehicles, workshop vehicles, publicity vehicles) shall be considered to be goods.
5. The maximum weight to be taken into consideration when classifying a category O semi-trailer shall be the weight transmitted to the ground by the axle or axles of the semi-trailer when coupled to the drawing vehicle and laden with a maximum load.
Article 2
No Member State may refuse to grant EEC type approval or national type approval of a vehicle on grounds relating to its braking devices if that vehicle is fitted with the devices specified in Annexes I to VIII and if these devices satisfy the requirements set out therein.
Article 3
The Member State which has granted type approval shall take the necessary measures to ensure that it is informed of any modification to a component or characteristic mentioned in item 1.1 of Annex I. The competent authorities of that State shall decide whether the modified prototype should be submitted to fresh tests and whether a fresh report should be drawn up thereon. If such tests reveal failure to comply with the requirements of this Directive, the modification shall not be authorised.
Article 4
Pending the entry into force of a separate Directive on the definition of an "urban bus", such vehicles shall continue to be submitted to the Type II A test described in Annex II where their maximum weight exceeds 10 metric tons.
Article 5
The amendments necessary for adjusting the requirements of the Annexes so as to take account of technical progress shall be adopted in accordance with the procedure laid down in Article 13 of the Council Directive of 6 February 1970 on the type approval of motor vehicles and their trailers.
Article 6
1. Member States shall put into force the provisions containing the requirements needed in order to comply with this Directive within eighteen months of its notification and shall forthwith inform the Commission thereof.
2. With effect from 1 October 1974, the provisions of item 2.2.1.4 of Annex I shall also apply to vehicles other than those in category M3 or category N3.
3. 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 7
This Directive is addressed to the Member States.
Done at Brussels, 26 July 1971.