COUNCIL DIRECTIVE of 17 September 1974 on the approximation of the laws of the Member States relating to the external projections of motor vehicles (74/483/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 external projections;
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 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 70/156/EEC (2) 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 vehicle;
Whereas it is desirable to adopt certain technical requirements adopted by the UN Economic Commission for Europe in its Regulation No 26 ("Uniform provisions concerning the approval of vehicles with regard to their external projections") (3), 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 these requirements apply to motor vehicles of category M1 (the international classification of motor vehicles is given in Directive No 70/156/EEC);
Whereas the approximation of national laws relating to motor vehicles entails reciprocal recognition by Member States of inspection carried out by each of them on the basis of common requirements ; 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
For the purposes of this Directive, "vehicle" means any motor vehicle of class M1 (defined in Annex I of Directive No 70/156/EEC) designed for use on the road, having at least four wheels and a maximum design speed exceeding 25 km/h.
Article 2
No Member State may refuse to grant EEC type-approval or national type-approval of a vehicle on grounds relating to the external projections if such projections satisfy the requirements laid down in Annexes I and II.
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 external projections if such projections satisfy the requirements laid down in Annexes I and II.
Article 4
The Member State which has granted type-approval shall take the necessary measures to ensure that it is informed of any modification of a part or (1)OJ No C 55, 13.5.1974, p. 14. (2)OJ No L 42, 23.2.1970, p. 1. (3) PIC FILE= "T characteristic referred to in item 2.2 of Annex I. The competent authorities of that State shall determine whether fresh 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 5
Modifications which are necessary to adapt the provisions of Annexes I, II and III 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 June 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 Commission to submit its comments thereon.
Article 7
This Directive is addressed to the Member States.
Done at Brussels, 17 September 1974.