COUNCIL DIRECTIVE of 29 March 1977 on the approximation of the laws of the Member States relating to the driver-perceived noise level of wheeled agricultural or forestry tractors (77/311/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Having regard to the opinion of the Economic and Social Committee (2),
Whereas, in order to implement the procedure for EEC type-approval which was the subject of Council Directive 74/150/EEC of 4 March 1974 on the approximation of the laws of the Member States relating to the type-approval of wheeled agricultural or forestry tractors (3), provisions should be adopted to ensure safe working conditions and, in particular, the protection of the hearing of agricultural workers driving such tractors;
Whereas these provisions are particularly necessary as only in two Member States does the law lay down detailed provisions concerning the driver-perceived noise level of the abovementioned tractors;
Whereas the disparities in the abovementioned national laws are likely to hinder trade within the Community and thus impede the establishment and the functioning of the common market,
HAS ADOPTED THIS DIRECTIVE:
Article 1
1. For the purposes of this Directive, "agricultural or forestry tractor" means any motor vehicle, fitted with wheels or endless tracks and having at least two axles, the main function of which lies in its tractive power and which is specially designed to tow, push, carry or power certain tools, machinery or trailers intended for agricultural or forestry use. It may be equipped to carry a load and passengers.
2. This Directive shall apply only to tractors defined in paragraph 1 which are fitted with pneumatic tyres and have two axles and a maximum design speed of between 6 and 25 km/h. (1)OJ No C 127, 18.10.1974, p. 34. (2)OJ No C 125, 16.10.1974, p. 30. (3)OJ No L 84, 28.3.1974, p. 10.
Article 2
1. No Member State may refuse to grant EEC type-approval or national type-approval or prohibit the sale, registration or entry into service of any tractor on grounds relating to the driver-perceived noise level if this level is within the following limits:
90 dB (A) in accordance with Annex I, or
86 dB (A) in accordance with Annex II.
For a transitional period expiring on a date to be fixed before 1 October 1981 in accordance with the procedure laid down in Article 13 of Directive 74/150/EEC, the above limits for tests in accordance with 3.2.1.1 of Annex I and 3.2.2.1 of Annex II shall be increased by 6 dB (A).
2. For a transitional period expiring on a date to be fixed before 1 October 1981 in accordance with the procedure laid down in Article 13 of Directive 74/150/EEC, Member States may authorize the national type-approval, sale, registration or entry into service of tractors without cab if their noise level is within the following limits:
96 dB (A) in accordance with Annex I, or
92 dB (A) in accordance with Annex II.
Article 3
For the purposes of this Directive, "cab" means any structure built of rigid components, transparent or not, which totally encloses the driver and isolates him from the outside, and is capable of being kept permanently closed during service.
Article 4
Member States shall take all necessary measures to ensure that in both the sales presentation and advertising there is nothing to suggest that the tractors have features regarding the driver-perceived noise level which they do not in fact possess.
Article 5
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 74/150/EEC.
Article 6
1. Member States shall bring into force the provisions necessary to comply with this Directive within 18 months of its notification and shall forthwith inform the Commission thereof.
2. Member States shall ensure that the texts of the main provisions of national law which they adopt in the field covered by this Directive are communicated to the Commission.
Article 7
This Directive is addressed to the Member States.
Done at Brussels, 29 March 1977.