COUNCIL DIRECTIVE of 4 June 1974 on the approximation of the laws of the Member States relating to the interior fittings of motor vehicles (the behaviour of the steering mechanism in the event of an impact) (74/297/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 behaviour of the steering mechanism in the event of an impact;
Whereas these requirements differ from one Member State to another ; whereas it is therefore necessary that all Member States adopt he same requirements either in addition to or in place of their existing regulations ; in order, in particular, to allow the EEC type-approval procedure which was the subject of the Council Directive of 6 February 1970 (3) 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 vehicle;
Whereas common requirements for interior rear-view mirrors have been laid down by the Council Directive of 1 March 1971 (4) and for the interior fittings of the passenger compartment, the layout of the controls, the roof and backrest and rear part of the seats by the Council Directive of 17 December 1973 (5) ; whereas other requirements will be adopted subsequently concerning interior fittings and relating to anchorages for safety belts and seats, head restraints and the identification of the controls;
Whereas harmonized requirements must reduce the risk or the severity of injuries which may be suffered by the drivers of motor vehicles and thereby ensure road safety throughout the entire Community;
Whereas, with regard to technical requirements, it is appropriate to utilize those adopted by the Economic Commission for Europe of the UNO in its Regulation No 12 (6) (Uniform provisions concerning the approval of vehicles with regard to the protection of the driver against the steering mechanism in the event of impact) 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,
HAS ADOPTED THIS DIRECTIVE:
Article 1
For the purpose of this Directive, "vehicle" means any motor vehicle in category M1 (defined in Annex 1 of the Directive of 6 February 1970) 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 a vehicle fitted with forward control as defined in 2.7 of Annex I
Article 2
No Member State may refuse to grant EEC type-approval or national type approval of a motor vehicle on grounds relating to the behaviour of the steering mechanism in the event of an impact if the latter complies with the requirements laid down in Annexes I, II and III.
Article 3
No Member State may refuse or prohibit the sale or registration, entry into service or use of any vehicle (1)OJ No C 14, 27.3.1973, p. 18. (2)OJ No C 60, 26.7.1973, p. 13. (3)OJ No L 42, 23.2.1970, p. 1. (4)OJ No L 68, 22.3.1971, p. 1. (5)OJ No L 38, 11.2.1974, p. 2. (6)ECE Geneva document E/ECE/324/Add. 11.
on grounds relating to the behaviour of the steering mechanism in the event of an impact if the latter meets the requirements laid down in Annexes I, II and III.
Article 4
A Member State which has granted approval to a vehicle type shall take the necessary measures to ensure that it is informed of any modification to any of the parts or characteristics referred to in Annex I, 2.2. The competent authorities of that Member State shall determine whether it is necessary to carry out fresh tests on a modified vehicle type and to prepare a new report. Where such tests reveal failure to comply with the requirements of this Directive, the modification shall not be granted EEC type-approval.
Article 5
Amendments which are necessary to adapt the requirements of Annexes I, II, III and IV to 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 approximation of the laws of the Member States relating to the type approval of motor vehicles and their trailers.
Article 6
1. Member States shall put into force the provisions necessary to comply with this Directive within 18 months of its notification and shall immediately inform the Commission thereof.
2. Member States shall ensure that the texts of legislative provisions which they adopt in the area governed by this Directive are communicated to the Commission.
Article 7
This Directive is addressed to the Member States.
Done at Luxembourg, 4 June 1974.