COUNCIL DIRECTIVE 92/24/EEC of 31 March 1992 relating to speed limitation devices or similar speed limitation on-board systems of certain categories of 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 it is important to adopt measures with the aim of progressively establishing the internal market over a period expiring on 31 December 1992; whereas the internal market shall comprise 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 speed limitation of certain categories of vehicle;
Whereas these requirements differ from one Member State to another; whereas it is therefore necessary for all Member States to 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 Directive 70/156/EEC (4) to be applied in respect of each type of vehicle;
Whereas, with a view to improving road safety and reducing the severity of injuries in cases of accidents with heavy goods vehicles and buses, it is considered urgently necessary to fit speed limitation devices to these categories of motor vehicle;
Whereas in respect of environment and economy a reduction of air pollution and fuel consumption can be achieved;
Whereas, in all cases where the Council confers powers upon the Commission to implement rules laid down in the motor vehicle sector, it is appropriate to provide for a procedure of prior consultation between the Commission and the Member States within an Advisory Committee;
Whereas it is reasonable and useful to undertake research activities relating to the development of variable speed limitation devices activated in conformity with the speed limits warranted by the prevailing road and traffic conditions within the framework of the Drive-programme,
HAS ADOPTED THIS DIRECTIVE:
Article 1
For the purpose of this Directive:
- 'vehicle' shall mean any motor vehicle of categories N2 and M3 with a maximum authorized mass exceeding 10 tonnes and of catetory N3, as defined in Annex I to Directive 70/156/EEC, intended for use on the road, having at least four wheels and a maximum design speed exceeding 25 km/h,
- 'speed limitation device' shall mean a speed-limiting appliance for which type-approval of a separate technical unit within the meaning of Article 9a of Directive 70/156/EEC may be granted. Built-in maximum vehicle speed limitation systems, incorporated into the design of vehicles from the outset, shall meet the same requirements as speed limitation devices.
Article 2
Member states may not refuse:
- EEC type-approval or national type-approval for a vehicle, or refuse or prohibit the sale, registration, entry into service or use of a vehicle on grounds relating to its equipment with speed limitation devices,
- EEC technical unit type-approval or national typeapproval for a speed limitation device, or prohibit the sale or use of a speed limitation device,
if the requirements of the Annexes to this Directive are satisfied.
Article 3
Any amendments necessary to adapt the requirements of the Annexes to this Directive to technical progress shall be adopted in accordance with the procedure laid down in Article 13 of Directive 70/156/EEC.
Article 4
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 1 January 1993. They shall forthwith inform the Commission thereof.
When Member States adopt the provisions referred to in the preceding subparagraph, they shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The methods of making such a reference shall be adopted by Member States.
Article 5
With effect from 1 January 1994, Member States:
- may no longer issue the document provided for in the third indent of Article 10 (1) of Directive 70/156/EEC in respect of a type of vehicle of which the speed limitation device does not meet the requirements of this Directive,
- may refuse to grant national type-approval in respect of a type of vehicle of which the speed limition device does not comply with the provisions of this Directive.
With effet from 1 October 1994, Member States may prohibit the first entry into service of vehicles when such vehicles are not equipped with a speed limitation device complying with the provisions of this Directive.
Article 6
This Directive is addressed to the Member States.
Done at Brussels, 31 March 1992.