Commission Directive
of 18 April 1979
adapting to technical progress Council Directive 71/320/EEC on the approximation of the laws of the Member States relating to the braking devices of certain categories of motor vehicles and their trailers
(79/489/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 70/156/EEC 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 [1], as last amended by Directive 78/547/EEC [2], and in particular Articles 11, 12 and 13 thereof,
Having regard to Council Directive 71/320/EEC of 26 July 1971 on the approximation of the laws of the Member States relating to the braking devices of certain categories of motor vehicles and their trailers [3], as last amended by Commission Directive 75/524/EEC [4],
Whereas, in view of experience gained and of the state of the art, it is now possible to make requirements more stringent and to match them more closely to actual test conditions;
Whereas the provisions of this Directive are in accordance with the opinion of the Committee on the Adaptation to Technical Progress of the Directives Aimed at the Removal of Technical Barriers to Trade in the Motor Vehicle Sector,
HAS ADOPTED THIS DIRECTIVE:
Article 1
1. Annexes I, II, III, IV, V, VI and IX to Directive 71/320/EEC are hereby amended in accordance with the Annex to this Directive.
2. Pending the entry into force of special provisions concerning wheel anti-locking systems, vehicles of categories M1, M2, M3, N1, N2, N3, O3 and O4 which are fitted with these systems shall be subject to the provisions of Directive 71/320/EEC, as last amended by this Directive.
Article 2
1. As from 1 January 1980, no Member State may, on grounds relating to braking devices:
- refuse, in respect of a type of vehicle, to grant EEC type-approval, or to issue the copy of the certificate provided for in the last indent of Article 10 (1) of Directive 70/156/EEC, or to grant national type-approval, or
- prohibit the entry into service of vehicles,
where the braking devices of such type of vehicle or of such vehicles comply with the provisions of Directive 71/320/EEC, as last amended by this Directive.
2. As from 1 October 1980, Member States:
- shall no longer issue the copy of the certificate provided for in the last indent of Article 10 (1) of Directive 70/156/EEC in respect of a type of vehicle of which the braking devices do not comply with the provisions of Directive 71/320/EEC, as last amended by this Directive,
- shall refuse to grant national type-approval of a type of vehicle of which the braking devices do not comply with the provisions of Directive 71/320/EEC, as last amended by this Directive.
3. As from 1 October 1981, Member States may prohibit the entry into service of vehicles of which the braking devices do not comply with the provisions of Directive 71/320/EEC, as last amended by this Directive.
4. Notwithstanding paragraphs 1 to 3, Member States shall implement the provisions of item 1.2.1 of Annex IV to Directive 71/320/EEC, as amended by this Directive, only with effect from 1 October 1983.
5. Before 1 January 1980, Member States shall bring into force the provisions necessary in order to comply with this Directive, and shall forthwith inform the Commission thereof.
Article 3
This Directive is addressed to the Member States.
Done at Brussels, 18 April 1979.