COUNCIL DIRECTIVE 92/114/EEC
of 17 December 1992
relating to the external projections forward of the cab's rear panel of motor vehicles of category N
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 a thereof,
Having regard to the proposal from the Commission (1),
In cooperation with the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas measures should be adopted with the aim of progressively establishing the internal market over a period expiring on 31 December 1992; whereas the internal market comprises an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured;
Whereas the technical requirements which motor vehicles must satisfy pursuant to national laws relate, inter alia, to the external projections of cabs of goods vehicles;
Whereas these 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 to allow, in particular, the EEC type-approval procedure which was the subject of Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of Member States relating to the type-approval of motor vehicles and their trailers (4), to be applied in respect of each type of vehicle;
Whereas, with a view to improving road safety, it is considered imperative and irgently necessary that the cabs of motor vehicles of category N do not exhibit sharp external projections to reduce the risk or the severity of injuries sustained by a person coming into contact with the external surface of the vehicle in the event of an accident;
Whereas it is recommended to follow the technical requirements of ECE Regulation No 61 (Economic Commission for Europe of the United Nations) relating to the uniform provisions concerning external projections of the cabs of goods vehicles; whereas this ECE Regulation 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 purposes of this Directive, ‘vehicle’ means any motor vehicle of category N, as defined in Annex I to Directive 70/156/EEC, designed and constructed for use on the road, with or without bodywork, having at least four wheels and a maximum design speed exceeding 25 km/h.
Article 2
No Member State may refuse EEC type-approval or national type-approval of a vehicle type, or refuse or prohibit the sale, registration, putting into service or use of a vehicle on grounds relating to their external projections forward of the cab's rear panel, if such vehicles satisfy the requirements set out in Annex I.
Article 3
Any amendments necessary to adapt the requirements of the Annexes to technical progress shall be adopted in accordance with the procedure laid down in Article 13 of Directive 70/156/EEC.
Article 4
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 1 June 1993.
They shall apply these provisions from 1 October 1993.
When Member States adopt these provisions, they shall contain a reference to this Directive or be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member States.
2. Member States shall communicate to the Commission the text of the main provisions of national law that they adopt in the field governed by this Directive.
Article 5
This Directive is addressed to the Member States.
Done at Brussels, 17 December 1992.