DIRECTIVE 2009/67/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 13 July 2009
on the installation of lighting and light-signalling devices on two or three-wheel motor vehicles
(codified version)
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Economic and Social Committee (1),
Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
Whereas:
(1)
Council Directive 93/92/EEC of 29 October 1993 on the installation of lighting and light-signalling devices on two or three-wheel motor vehicles (3) has been substantially amended (4). In the interests of clarity and rationality the said Directive should be codified.
(2)
Directive 93/92/EEC is one of the separate Directives of the EC type-approval system provided for in Council Directive 92/61/EEC of 30 June 1992 relating to the type-approval of two or three-wheel motor vehicles as replaced by Directive 2002/24/EC of the European Parliament and of the Council of 18 March 2002 relating to the type-approval of two or three-wheel motor vehicles (5), and lays down technical prescriptions concerning the design and construction of two or three-wheel motor vehicles as regards the installation of lighting and light-signalling devices. Those technical prescriptions concern the approximation of the laws of the Member States to allow for the EC type-approval procedure provided for by Directive 2002/24/EC to be applied in respect of each type of vehicle. Consequently, the provisions laid down in Directive 2002/24/EC relating to two or three-wheel motor vehicle systems, components and separate technical units apply to this Directive.
(3)
In each Member State the lighting and light-signalling devices fitted to two or three-wheel vehicles should display certain technical characteristics laid down by mandatory provisions. It is necessary to draw up harmonised requirements concerning the fitting of those devices in order to enable the EC type-approval procedure laid down in Directive 2002/24/EC to be applied for each such vehicle.
(4)
It should be specified that lighting devices type-approved for vehicles in categories M1 and N1, in accordance with the relevant Directives, may also be installed on two or three-wheel motor vehicles. Provision should also be made to permit the optional installation of front fog lamps, rear fog lamps, reversing lamps and hazard warning devices on three-wheel mopeds and light quadricycles.
(5)
In order to facilitate access to the markets of non-Community countries, an equivalence should exist, as far as two-wheel motorcycles are concerned, between the requirements of this Directive and those of Regulation No 53 of the United Nations Economic Commission for Europe (6) (UNECE).
(6)
This Directive should be without prejudice to the obligations of the Member States relating to the time limits for transposition into national law and application of the Directives set out in Annex VII, Part B,
HAVE ADOPTED THIS DIRECTIVE:
Article 1
This Directive applies to the installation of lighting and light-signalling devices on all types of vehicle as referred to in Article 1 of Directive 2002/24/EC.
Article 2
The procedure governing the granting of EC component type-approval in respect of the installation of lighting and light-signalling devices on a type of two or three-wheel motor vehicle and the conditions governing the free movement of such vehicles shall be as laid down in Directive 2002/24/EC.
Article 3
1. In accordance with Article 11 of Directive 2002/24/EC, equivalence between the requirements laid down in this Directive for two-wheel motorcycles and those laid down in UNECE Regulation No 53 is hereby acknowledged.
2. The authorities of the Member States which grant EC component type-approval shall accept approvals granted in accordance with the requirements of UNECE Regulation No 53 as well as component type-approval marks as an alternative to the corresponding approvals granted in accordance with the requirements of this Directive.
Article 4
The amendments necessary to adapt to technical progress the requirements of Annexes I to VI shall be adopted in accordance with the procedure referred to in Article 18(2) of Directive 2002/24/EC.
Article 5
1. Member States may not, on grounds relating to the installation of lighting and light-signalling devices:
-
refuse, in respect of a type of two or three-wheel motor vehicle, to grant EC type-approval, or
-
prohibit the registration, sale or entry into service of two or three-wheel motor vehicles,
if the installation of lighting and light-signalling devices complies with the requirements of this Directive.
2. Member States shall refuse to grant EC type-approval for any new type of two or three-wheel motor vehicle on grounds relating to the installation of lighting and light-signalling devices if the requirements of this Directive are not fulfilled.
3. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
Article 6
Directive 93/92/EEC, as amended by the Directive listed in Annex VII, Part A, is repealed, without prejudice to the obligations of the Member States relating to the time limits for transposition into national law and application of the Directives set out in Annex VII, Part B.
References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex VIII.
Article 7
This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
It shall apply from 1 January 2010.
Article 8
This Directive is addressed to the Member States.
Done at Brussels, 13 July 2009.