COUNCIL DIRECTIVE of 25 June 1987 on roll-over protection structures mounted in front of the driver's seat on narrow-track wheeled agricultural and forestry tractors (87/402/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(1),
Having regard to the opinion of the European Parliament(2),
Having regard to the opinion of the Economic and Social Committee(3),
Whereas Council Directive 74/150/EEC of 4 March 1984 on the approximation of the laws of the Member States relating to the type-approval of wheeled agricultural or forestory tractors(4), as last amended by the Act of Accession of Spain and Portugal, lays down that the necessary provisions for the implementation of the EEC type-approval procedure in respect of individual tractor parts or characteristics should be specified in special directives; whereas the provisions relating to roll-over protection structures and their attachments to tractors were laid down by Directives 77/536/EEC(5) and 79/622/EEC(6), as last amended by the Act of Accession of Spain and Portugal; whereas these two Directives cover respectively dynamic and static testing procedures - either of which may be employed by manufacturers for the present - and relate to standard tractors, that is, tractors having a maximum ground clearance of 1 000 mm and a fixed or adjustable track width of one of the driving axles of not less than 1 150 mm and weighing between 1,5 and 4,5 tonnes in the case of tractors covered by the 'dynamic testing' directive and not less than 800 kilograms in the case of tractors covered by the 'static testing' directive;
Whereas the tractors covered by this Directive have a maximum ground clearance of 600 mm, afixed or adjustable minimum track width with one of the axles less than 1 150 mm fitted with tyres of a larger size and a mass greater than 600 but less than 3 000 kilograms; whereas the roll-over protection structures of these tractors, which are used for specific activities, can be made subject to specific requirement or requirements other than those of Directive 77/536/EEC and 79/622/EEC;
Whereas the technical requirements with which such 'narrow track' tractors must comply pursuant to national laws relate, inter alia, to roll-over protection structures and to their attachment to the tractor; whereas those requirements differ from one Member State to another; whereas it is therefore necessary that all Member States adopt the same requirements either in addition to, or in place of, their existing rules in order, in particular, to allow the EEC type-approval procedure which was the subjet of Directive 74/150/EEC to be introduced in respect of each type of tractor;
Whereas this Directive covers roll-over protection structures of the dual-pillar type mounted in front of the driver's seat and characterized by a reduced zone of clearance attributable to the tractor silhouette, thus rendering it inadvisable, under any circumstances, to impede access to the driving position but worthwhile retaining these structures (fold-down or not) in view of their undoubted ease of use; whereas rear mounted roll-over protection structures of narrow track wheeled agricultural and forestry tractors have been the subject of Directive 86/298/EEC(1);
Whereas a harmonized component type-approval procedure for roll-over protection structures and their attachment to the tractor makes it possible for each Member State to check compliance with the common construction and testing requirements and to inform the other Member States of its findings by sending them copies of the component type-approval certificate completed for each type of roll-over protection structure and its attachment to the tractor; whereas the placing of an EEC component type-approval mark on all structures manufactured in conformity with the approved type obviates any need for technical checks on those structures in the other Member States; whereas common requirements concerning other elements and characteristics of the roll-over protection structure will be laid down at a later date;
Whereas the harmonized requirements are intended principally to ensure safety at work and safety on the road throughout the Community; whereas, for this reason, it is necessary to introduce the obligation for tractors covered by this Directive to be fitted with roll-over protection structures;
Whereas the approximation of the national laws relating to these tractors entails reciprocal recognition by Member States of the checks carried out by each of them on the basis of the common requirements,
HAS ADOPTED THIS DIRECTIVE,
Article 1
This Directive shall apply to tractors as defined in Article 1 of Directive 74/150/EEC having the following characteristics:
-ground clearance of not more than 600 mm beneath the lowest points of the front and rear axles, allowing for the differential,
-fixed or adjustable minimum track width with one of the axles less than 1 150 mm fitted with tyres of a larger size. It is assumed that the axle mounted with the wider types is set at a track width of not more than 1 150 mm. It must be possible to set the track width of the other axle in such a way that the outer edges of the narrower tyres do not go beyond the outer edges of the tyres of the other axle. Where the two axles are fitted with rims and tyres of the same size, the fixed or adjustable track width of the two axles must be less than 1 150 mm,
-mass of 600 and 3 000 kilograms, corresponding to the unladen weight of the tractor as defined in section 2.4 of Annex I to Directive 74/150/EEC, including the roll-over protection structure fitted in compliance with this Directive and tyres of the largest size recommended by the manufacturer.
Article 2
1. Each Member State shall grant component type- approval for any type of roll-over protection structure and its tractor attachment which satisfies the construction and testing requirements laid down in Annexes I to IV.
2. A Member State which has granted EEC component type-approval shall take the measures required to verify, in so far as is necessary and if need be in cooperation with the competent authorities in the other Member States, that production models conform to the approved type. Such verification shall be limited to spot checks.
Article 3
Member States shall, for each type of roll-over protection structure and its tractor attachment which they approve pursuant to Article 2, issue to the manufacturer of the tractor or of the roll-over protection structure, or to his authorized representative, an EEC component type-approval mark conforming to the model shown in Annex VII.
Member States shall take all appropriate measures to prevent the use of marks liable to create confusion between roll-over protection structures which have been component type-approved pursuant to Article 2 and other devices.
Article 4
1. N° Member State may prohibit the placing on the market of roll-over protection structures or their tractor attachments on grounds relating to their construction if they bear the EEC component type-approval mark.
2. Nevertheless, a Member State may prohibit the placing on the market of roll-over protection structures bearing the EEC component type-approval mark which fail to conform to the approved type.
That State shall forthwith inform the other Member States and the Commission of the measures taken, specifying the reasons for its decision.
Article 5
The competent authorities of each Member State shall within one month send to the competent authorities of the other Member States copies of the component type-approval certificate, an example of which is given in Annex VIII, completed for each type of roll-over protection structure which they approve or refuse to approve.
Article 6
1. If the Member State which has granted EEC component type-approval finds that a number of roll-over protection structures and their tractor attachments bearing the same EEC component type-approval mark do not conform to the type which it has approved, it shall take the necessary measures to ensure that production models conform to the approved type. The competent authorities of that State shall advise those of the other Member States of the measures taken which may, where there is serious and repeated failure to conform, extend to withdrawal of EEC component type-approval. The said authorities shall take the same measures if they are informed by the competent authorities of another Member State of such failure to conform.
2. The competent authorities of the Member States shall within one month inform each other of any withdrawal of EEC component type-approval and of the reasons for any such measure.
Article 7
Any decision taken pursuant to the provisions adopted in implementation of this Directive to refuse or withdraw component type-approval for roll-over protection structures and their tractor attachments, or to prohibit their placing on the market or their use, shall set out in detail the reasons on which it is based. Such decision shall be notified to the party concerned, who shall at the same time be informed of the remedies available to him under the laws in force in the Member States and of the time limits allowed for the exercise of such remedies.
Article 8
N° Member State may refuse to grant EEC type-approval or national type-approval in respect of a tractor on grounds relating to the roll-over protection structure or its tractor attachment if these bear the EEC component type-approval mark and if the requirements laid down in Annex IX have been satisfied.
Article 9
1. N° Member State may refuse or prohibit the sale, registration, entry into service or use of any tractor on grounds relating to the roll-over protection structure and its tractor attachment if these bear the EEC component type-approval mark and if the requirements laid down in Annex IX have been met.
However, Member States may, in compliance with the Treaty, impose restrictions on the use of tractors referred to in this Directive in certain areas where safety so dictates, owing to the specific nature of certain terrains or crops. Member States shall inform the Commission of any such restrictions before they are implemented and of the reasons for their adoption.
2. This Directive shall not affect the right of Member States to specify - in due compliance with the Treaty - the requirements they deem necessary to ensure that workers are protected when using the tractors in question, provided this does not mean that the protection structures are modified in a way unspecified in this Directive.
Article 10
1. In connection with EEC type-approval, any tractor to which Article 1 refers must be fitted with a roll-over protection structure.
2. The structure, referred to in paragraph 1, unless it is a rear-mounted protection structure, must comply with the requirements laid down in Annexes I to V to this Directive, or in Directives 77/536/EEC or 79/622/EEC.
Article 11
Any amendments which are necessary in order to adapt the requirements of the Annexes to this Directive so as to take account of technical progress shall be adopted in accordance with the procedure laid down in Article 13 of Directive 74/150/EEC.
Article 12
Within 18 months following notification of this Directive, the Council, acting on a proposal from the Commission, on the basis of the provisions of the Treaty, shall adopt a Directive supplementing this Directive with provisions introducing additional impact tests into the dynamic test procedure.
Article 13
1. Member States shall bring into force the provisions necessary to comply with this Directive within 24 months of its notification(1) and shall forthwith inform the Commission thereof.
2. Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field covered by this Directive.
Article 14
This Directive is addressed to the Member States.
Done at Luxembourg, 25 June 1987 F