COUNCIL DIRECTIVE 92/61/EEC of 30 June 1992 relating to the type-approval of two or three-wheel motor vehicles
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 100a 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 which are intended gradually to establish the internal market within 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 in each Member State two or three-wheel motor vehicles have to display certain technical characteristics laid down by mandatory provisions which differ from one Member State to another; whereas, as a result of their differences, such provisions constitute barriers to trade within the Community;
Whereas these barriers to the establishment and operation of the internal market may be removed if the same requirements are adopted by all of the Member States in place of their national rules;
Whereas the Member States have traditionally monitored compliance with technical requirements before the vehicles to which they apply are placed on the market; whereas that monitoring covers different types of such vehicles;
Whereas it is necessary to draw up precisely and uniformly the definitions applying to these vehicles (mopeds, motorcycles, motor tricycles and quadricycles) and more particularly the definition of a moped since there are 15 different definitions of this type of vehicle in the 12 Member States; whereas such a large number of definitions, which in practice mean the same number of vehicle categories, raise major barriers to trade since products need to be tailored to their markets, and thus constitute a fragmentation of the moped market;
Whereas, account being taken of currently established technologies, examination of the components and characteristics of the said vehicles has resulted in the retention only of those set out in Annex I since all others are inappropriate for regulatory purposes; whereas in view of progress and developments in technology, it will be appropriate to examine any further components and characteristics to be added, if necessary, to those already listed in Annex I;
Whereas in view of technological innovation and development it will be appropriate, three years at the latest after implementation of this Directive, to examine any further components and characteristics, in particular those relating to secondary safety, to be added to those already listed in Annex I;
Whereas the harmonized technical requirements applying to the various components and characteristics of such vehicles will be brought together in separate directives; whereas monitoring of compliance with those requirements and recognition by each Member State of the checks carried out by other Member States require the implementation of a Community approval procedure for each type of such vehicles;
Whereas this procedure is intended to enable each Member State to confirm that each type of vehicle has undergone the checks provided for in the separate directives and has been issued with a type-approval certificate; whereas it is also intended to enable manufacturers to prepare a certificate of conformity for all vehicles conforming to the type that has been approved; whereas, when a vehicle is accompanied by this certificate it may be placed on the market, sold and registered for use throughout the Community;
Whereas without prejudice to Article 169 of the Treaty and as part of the cooperation between the competent authorities in the Member States, provisions should be laid down which make it easier to resolve any technical disputes arising from the conformity of products with the type that has been approved;
Whereas, although it may conform to the type approved, a vehicle may nevertheless prove to incorporate features which are likely to be a risk to road safety; whereas provision should therefore be made for a suitable procedure in order to reduce that risk;
Whereas technical progress requires prompt adjustment of the technical requirements specified in the separate Directive; whereas, in order to facilitate implementation of the measures required for this purpose, a procedure should be prescribed for establishing close cooperation between the Member States and the Commission within the Committee on the Adjustment to Technical Progress of the Directives on the Removal of Technical Barriers to Trade in the Motor Vehicle Sector;
Whereas procedures similar to those intended for such vehicles must be applied to their components and to their separate technical units;
Whereas road safety and environmental and consumer protection require, inter alia, design and manufacturing requirements for the vehicles and components covered by this Directive to be based on high standards; whereas these requirements are intended at the same time to ensure that there is market unity; whereas it is therefore necessary for this Directive to be based on total harmonization.
HAS ADOPTED THIS DIRECTIVE:
CHAPTER I Scope and definitions
Article 1
1. This Directive applies to all two or three-wheel motor vehicles, twin-wheeled or otherwise, intended to travel on the road, and to the components or separate technical units of such vehicles.
This Directive does not apply to the following vehicles:
- vehicles with a maximum design speed not exceeding 6 km/h,
- vehicles intended for pedestrian control,
- vehicles intended for use by the physically handicapped,
- vehicles intended for use in competitions, on roads or whatever the terrain,
- vehicles already in use before the application date of this Directive,
- tractors and machines, used for agricultural or similar purposes,
- vehicles designed primarily for off-road leisure use having wheels arranged symmetrically with one wheel at the front of the vehicle and two at the rear,
nor to the components or technical units thereof unless they are intended to be fitted to vehicles covered by this Directive.
It does not apply either to the type-approval of single vehicles except that Member States granting such approvals shall accept any competent type-approval of components and separate technical units granted under this Directive instead of under the relevant national requirements.
2. The vehicles referred to in paragraph 1 shall be subdivided into:
- moped, i.e. two or three-wheel vehicles fitted with an engine having a cylinder capacity not exceeding 50 cm³ if of the internal combustion type and a maximum design speed of not more than 45 km/h,
- motorcycles, i.e. two-wheel vehicles with or without sidecar, fitted with an engine having a cylinder capacity of more than 50 cm³ if of the internal combustion type and/or having a maximum design speed of more than 45 km/h,
- motor tricycles, i.e. vehicles with three symmetrically arranged wheels fitted with an engine having a cylinder capacity of more than 50 cm³ if of the internal combustion type and/or a maximum design speed of more than 45 km/h.
3. This Directive shall also apply to quadricycles, i.e. motor vehicles with four wheels having the following characteristics:
(a) light quadricycles whose unladen mass is less than 350 kg, not including the mass of batteries in case of electric vehicles, whose maximum design speed is not more than 45 km/h and whose engine cylinder capacity does not exceed 50 cm³ for spark-ignition engines (or whose maximum net power is no more than 4 kW for other types of engines); these shall be considered to be mopeds;
(b) quadricycles, other than those referred to in (a), whose unladen mass is not more than 400 kg (550 kg for vehicles intended for carrying goods), not including the mass of batteries in the case of electric vehicles, whose maximum net engine power does not exceed 15 kW; these shall be considered to be motor tricycles.
However, this Directive shall not apply to vehicles in (b) until 1 July 1994, subject to the conditions laid down in Article 15 (3).
Article 2
For the purposes of this Directive:
1. type of vehicle: means vehicles belonging to the same category (two-wheel mopeds; three-wheel mopeds; motorcycles; motorcycles with sidecar; motor tricycles; quadricycles) and constructed by the same manufacturer, having the same chassis and the same type designation given by the manufacturer.
A type of vehicle may include variants and versions;
2. variant: means vehicles of the same type with differences which may relate to:
- the shape of the bodywork,
- the mass in running order and the maximum technically permissible mass (difference in excess of 20 %),
- the type of power unit (spark-ignition, compression-ignition, electric, hybrid, etc.),
- operating cycle (two- or four-stroke),
- cylinder capacity (difference in excess of 30 %),
- number and configuration of cylinders,
- power (difference in excess of 30 %),
- operating mode (of electric motors),
- number and capacity of traction batteries.
Variants may include versions;
3. version: means vehicles of the same type and, as the case may be, of the same variant displaying differences which may relate to:
- power transmission (automatic or non-automatic gearbox, transmission ratios, gear selection method, etc.),
- cylinder capacity (difference of not more than 30 %),
- power (difference of not mor than 30 %),
- mass in running order and maximum technically permissible mass (difference of not more than 20 %),
- other minor modifications made by the manufacturer concerning the essential characteristics contained in Annex II;
4. separate technical unit: means an element or characteristic which must meet the requirements of a separate directive and which is intended to form part of a vehicle. It may be component type-approved separately, but only in conjunction with one or more specific types of vehicle;
5. component: means an element or characteristic which must meet the requirements of a separate directive and which is intended to form part of a vehicle. It may be component type-approved independently of a vehicle.
A separate technical unit or component may either be original equipment - fitted initially or as a replacement - if it is of the type fitted to the vehicle when the latter is type-approved, or be non-original equipment solely in the case of replacements;
6. type-approval: means the procedure whereby a Member State certifies that a type of vehicle satisfies the technical requirements set out in the separate directives and the checks on the correctness of the manufacturer's data, as provided for in the exhaustive list set out in Annex I;
7. component type-approval: means the procedure whereby a Member State certifies that a characteristic or a separate technical unit (type-approval of a separate technical unit) or a component (component type-approval) satisfies the technical requirements of the relevant separate directive as provided for in the exhaustive list set out in Annex I. Type-approval or component type-approval may be extended to include any modifications, variants or versions;
8. twinned wheels: means two wheels mounted on the same axle, the distance between the centres of their areas of contact with the ground being less than 460 mm. Twinned wheels shall be considered as one wheel;
9. twin-propulsion vehicles: means vehicles with two different systems of propulsion, for example an electric system and a thermic system;
10. manufacturer: means the person or body rsponsible to the approval authority for all aspects of the vehicle type-approval or component type-approval process and for ensuring conformity of production. It is not essential that the person or body is directly involved in all stages of the construction of the vehicle, component or separate technical unit covered by the approval process;
11. technical service: means the organization or body that has been appointed as a testing laboratory to carry out tests or inspections on behalf of the approval authority of a Member State. This function may also be carried out by the approval authority itself.
CHAPTER II Procedures for granting type-approval or component type-approval
Article 3
Applications for type-approval or component type-approval shall be submitted by manufacturers in a given Member State. They shall be accompanied by an information document, a model of which, for vehicle type-approval purposes, is set out in Annex II and, for component type-approval purposes, is contained in an Annex or Appendix to the relevant separate technical unit or component directive, and also by the other documents referred to in the information document. Applications for a given type of vehicle, separate technical unit or component may be submitted to one Member State only.
Article 4
1. Each Member State shall grant type-approval to all types of vehicle, and component type-approval to separate technical units or components if these meet the following conditions:
(a) the type of vehicle meets the technical requirements of the separate directives and is as described by the manufacturer in accordance with the data provided for in the exhaustive list set out in Annex I;
(b) the separate technical unit or component meets the technical requirements of the relevant separate directive and is as described by the manufacturer in accordance with the data provided for in the exhaustive list set out in Annex I.
2. Before conducting type-approval or component type-approval, the competent authorities in the Member State which carry out these operations shall take all necessary steps to ensure, if necessary in cooperation with the competent authorities in the Member State where manufacturing takes place or the product is brought into the Community, that there is compliance with the provisions of Annex VI in order that the new vehicles manufactured, placed on the market, offered for sale or put into service, conform to the type approved and that the new separate technical units or components manufactured, placed on the market and sold conform to the type which has been component type-approved.
3. The competent authorities referred to in paragraph 2 shall ensure, if necessary in cooperation with the competent authorities in the Member State where manufacturing takes place or the product is brought into the Community that the provisions of Annex VI continue to be observed.
4. Where an application for type-approval is accompanied by one or more component type-approval certificates issued by one or more other Member States, the Member State conducting type-approval shall be obliged to accept them and shall not perform, in respect of the components and/or separate technical units which have been component type-approved, the checks required by paragraph 1 (b).
5. Each Member State shall be responsible for the component type-approvals that it grants. The competent authorities in the Member State which grant type-approval for a type of vehicle shall check conformity of production, where necessary in cooperation with those competent authorities in the other Member States which have issued component type-approval certificates for components or separate technical units.
Article 5
1. The competent authority in a Member State shall fill in all the headings of the type-approval form contained in Annex III for all types of vehicle in respect of which it conducts type-approval.
2. The competent authority in a Member State shall fill in the columns in the component type-approval certificate contained in an Annex or an Appendix to each relevant separate directive, for each type of separate technical unit or component in respect of which it conducts component type-approval.
Article 6
1. The competent authorities in each Member State shall forward to those of the other Member States, within one month, a copy of the type-approval certificate filled in for each type of vehicle that they type-approve or refuse to type-approve.
2. The competent authorities in each Member State shall apply the provisions of paragraph 1 to the component type-approval certificates filled in for each type of separate technical unit or component that they component type-approve or refuse to component type-approve.
Article 7
1. A certificate of conformity, a model of which is shown in Annex IV-A, shall be completed by the manufacturer for each vehicle produced in conformity with the type that has been approved. However, Member States may request, for reasons of vehicle taxation or in order to draw up the vehicle registration document, that the certificate of conformity contains details other than those mentioned in Annex IV-A, provided that those details are explicitly included in the information document.
2. A certificate of conformity, a model of which is shown in Annex IV-B, shall be completed by the manufacturer for each non-original separate technical unit or component manufactured in conformity with the type that has been component type-approved. That certificate is not required for original separate technical units or for components.
3. Where the separate technical unit or component to be component type-approved performs its function or displays a specific characteristic only in conjunction with other components of the vehicle and for this reason compliance with one or more requirements can be verified only when that separate technical unit or component to be approved functions in conjunction with other vehicle components whether real or simulated, the scope of the component type-approval of that separate technical unit or component must be restricted accordingly. The component type-approval certificate for a separate technical unit or component shall then set out any restrictions on use and any instructions for fitting it. Compliance with these restrictions and requirements shall be verified when the vehicle is type-approved.
4. Without prejudice to paragraph 2, the holder of a component type-approval for a separate technical unit or component that has been granted under Article 4 shall be obliged to affix to each such unit or component manufactured in conformity with the type that has been component type-approved, his factory or trade mark, a statement of the type and, if the separate directive so requires, the component type-approval mark referred to in Article 8. In this latter case, he is not required to complete the certificate provided for in paragraph 2.
5. Any holder of a component type-approval certificate which, under paragraph 3, contains restrictions on use, must supply detailed information on those restrictions and must give fitting instructions, where appropriate, with each separate technical unit or component manufactured.
6. Any holder of a component type-approval certificate for a separate technical unit of non-original equipment, issued in connection with one or more types of vehicle, must with each such unit supply detailed information allowing those vehicles to be identified.
Article 8
1. Any vehicle produced in conformity with the type which has been type-approved must bear a type-approval mark consisting of the following:
- the type-approval number,
- the letter 'e', followed by the identifying number or initials of the Member State conducting the type-approval,
- the vehicle identification code, in numbers or letters as appropriate.
2. Any separate technical unit and any component produced in conformity with the type which has been component type-approved must include, if the relevant separate directive so provides, a component type-approval mark which meets the requirements set out in Annex V.
However, the information contained in that component type-approval mark may be supplemented by further information enabling certain characteristics that are specific to the separate technical unit or component at issue to be identified. That further information shall, where appropriate, be specified in the separate directives on those separate technical units or components.
Article 9
1. The manufacturer shall be responsible for the manufacture of each vehicle or the production of each separate technical unit or component in compliance with the type which has been type-approved or component type-approved. The final cessation of production or any changes to the information contained in the information document must be notified by the type-approval or component type-approval holder to the competent authorities in the Member State which issued that type-approval or component type-approval.
2. If the competent authorities of the Member State referred to in paragraph 1 consider that a change of this type does not involve any change to the existing type-approval or component type-approval certificate, or the drawing up of a new type-approval or component type-approval certificate, they shall inform the manufacturer accordingly.
3. If the competent authorities in the Member State referred to in paragraph 1 confirm that a change in the information set out in the information document justifies new checks or new tests, they shall inform the manufacturer accordingly and shall perform those tests. Should the checks or tests involve amendments to the existing type-approval or component type-approval certificate or the drawing up of a new certificate, the authorities shall send the updated documents to the competent authorities in the other Member States not later than a month after the date on which they were drawn up.
4. Where a type-approval or component type-approval certificate ceases to have effect as a result of final cessation of production of the type of vehicle that has been type-approved or of the separate technical unit or component that has been component type-approved, the competent authorities in the Member State which have carried out that type-approval or component type-approval shall inform the competent authorities in the other Member States within one month.
Article 10
1. If the Member State which has conducted type-approval or component type-approval finds that vehicles, separate technical units or components do not conform to the type that it has type-approved or component type-approved, it shall take the necessary measures to ensure that the production of any item that has been type-approved or component type-approved is again in conformity. The competent authorities in that Member State shall inform the authorities in the other Member States of the measures taken which may, where necessary, extend to the withdrawal of type-approval or component type-approval.
2. If a Member State finds that vehicles, separate technical units or components do not conform to the type that has been type-approved or component type-approved, it may request the Member State which has conducted the type-approval or component type-approval to verify the irregularities found. Any Member State which has conducted type-approval or component type-approval shall conduct the necessary check within six months following the date of receipt of that request. Should a failure to conform be established, the competent authorities in the Member State which has conducted type-approval or component type-approval shall take the measures set out in paragraph 1.
3. The competent authorities in the Member States shall inform each other, within one month, of the withdrawal of any type-approval or component type-approval granted and of the reasons for such measure.
4. If the Member State which has granted type-approval or component type-approval disputes the failure to conform notified to it, the Member States involved shall endeavour to resolve the matter. The Commission shall be kept informed and, where necessary, shall hold appropriate consultations in order to reach a settlement.
Article 11
Acting by a qualified majority on a proposal from the Commission, the Council may acknowledge equivalence between the conditions or provisions for type-approval of vehicles, of components and separate technical units established by this Directive together with the separate directives, and the procedures established by international regulations or regulations of third countries in the framework of multilateral agreements or bilateral agreements between the Community and third countries.
Article 12
If a Member State finds that vehicles, separate technical units or components constitute a road safety hazard, even though they are of a type which has been type-approved or component type-approved, it may, for a maximum period of six months, prohibit on its territory the sale, entry into service or use thereof. It shall forthwith inform the other Member States and the Commission, giving reasons for its decision.
Article 13
Any decision concerning the refusal or withdrawal of type-approval or component type-approval, a ban on the sale or use of a vehicle, separate technical unit or component taken in pursuance of the provisions adopted in implementation of this Directive shall state in detail the reasons on which it is based. It shall be notified to the party concerned, who shall, at the same time, be informed of the remedies available under the laws in force in the Member States and of the time limits allowed for the exercise of such remedies.
Article 14
1. Member States shall notify to the Commission and to the other Member States, by the date set in Article 18, the names and addresses of:
(a) the type-approval and component type-approval authorities and, if applicable, the disciplines for which the authorities are responsible; and
(b) the technical services which they have approved, specifying for which test procedures each of these services has been approved. The notified services must satisfy the harmonized standards on the operation of testing laboratories (EN 45001) subject to the following provisos;
(i) a manufacturer cannot be approved as a technical service except where the separate Directive makes express provisions for doing so;
(ii) for the purpose of this Directive it is not considered exceptional for a technical service to use equipment from an outside source, subject to the agreement of the approval authority.
2. A notified service shall be presumed to satisfy the harmonized standard but, where appropriate, the Commission may ask Member States to provide supporting evidence.
Third country services may not be notified as approved technical services other than in the framework of bilateral agreements or multilateral agreements between the Community and third countries.
CHAPTER III Conditions attached to free movement and provisional arrangements
Article 15
1. Member States shall not prohibit the placing on the market, sale, entry into service or use of new vehicles complying with this Directive. Only vehicles complying with this Directive may be presented for initial registration.
2. Member States shall not prohibit the placing on the market, sale or use of new separate technical units or new components complying with this Directive. Only separate technical units and components complying with this Directive may be placed on the market and sold for the first time for use in the Member States.
3. The specific requirements to be applied to the vehicles referred to in Article 1 (3) first subparagraph (b) shall be determined in accordance with the procedure laid down in Article 16.
In the meantime Member States may retain their national laws on this type of vehicle.
4. By way of derogation from paragraphs 1 and 2:
(a) Member States which, as regards mopeds, have special national provisions concerning the presence of pedals and/or the transmission system and limits on mass may, however, continue to apply those provisions for a maximum period of three years from the implementation date of this Directive;
(b) Member States may exempt vehicles, separate technical units and components intended:
- either for production in small series of up to a maximum of 200 units a year per type of vehicle, per component or per separate technical unit,
- or for the armed forces, law enforcement agencies, civil defence services or public-works bodies,
from compliance with any of the requirements of the separate directives.
The other Member States shall be informed of these exemptions within one month of their being granted;
(c) type-approval and component type-approval certificates issued at national level before this Directive or the separate directives which replace the ones adopted at national level are implemented shall remain valid within the Member States issuing them for a maximum period of four years from the date on which national laws are replaced by this Directive or by the relevant separate directives.
The same period of four years is also extended to types of vehicles, components or technical entities conforming to national requirements of Member States applying other legislative systems than those for type-approval or component type-approval in force before the implementation of this Directive or of the relevant separate directives.
Vehicles covered by the latter exemption may be placed on the market, sold and entered into service during this period with no time limit on their use.
The placing on the market, sale and use of separate technical units and components for these vehicles shall carry no time limit.
5. This Directive shall not affect the right of the Member States to lay down - in accordance with the Treaty - the requirements which they consider necessary to ensure the protection of users during the use of the vehicles in question, provided that this does not entail modification to the vehicles.
CHAPTER IV Procedure for adaptation to technical progress
Article 16
Any changes needed for the purposes of adaptation to technical progress of:
- Annexes I to VI,
- the provisions of the separate directives referred to in Annex I, which are specifically referred to in each of those directives,
shall be adopted in accordance with the procedure laid down in Article 13 of Directive 70/156/EEC (¹).
Article 17
Two years at the latest after the date set in Article 18, the Commission shall make a progress report to the European Parliament, the Council and the Economic and Social Committee on the implementation of this Directive.
After appropriate consultations, the Commission shall submit its conclusions as to potential amendments to this Directive, together with amendment proposals, if need be.
CHAPTER V Final provisions
Article 18
Member States shall bring into force the laws, regulations and administrative provisions necessary in order to comply with this Directive by 1 January 1994 at the latest. They shall forthwith inform the Commission thereof.
When Member States adopt such 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.
Article 19
This Directive is addressed to the Member States.
Done at Luxembourg, 30 June 1992.