COMMISSION DIRECTIVE
of 30 October 1990
adapting to technical progress Council Directive 77/541/EEC on the approximation of the laws of the Member States relating to safety belts and restraint systems of motor vehicles
(90/628/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 77/541/EEC of 28 June 1977 on the approximation of the laws of the Member States relating to safety belts and restraint systems of motor vehicles (1), as last amended by the Act of Accession of Spain and Portugal, and in particular Article 10 thereof,
Whereas a comprehensive evaluation of Directive 77/541/EEC has shown that it is possible to improve road safety further by applying practical experience and technological development and taking into account the progress made in the Economic Community for Europe of the United Nations, notably in Regulation No 16, by
- inserting requirements for type-approval of 'harness belts` for special vehicle types,
- inserting requirements for type-approval of safety belts with preloaders,
- specifying installation of appropriate safety belts for all seating positions in all motor vehicle categories with minimal exemptions as necessary,
- introducing a model for a document certifying the actual installation of safety belts in a specific vehicle type to be approved,
- introducing test requirements for height adjustment devices for belts,
and
- introducing more stringent requirements on the conformity of production;
Whereas that experience shows that some existing definitions and requirements have to be adjusted slightly;
Whereas the protection of passengers, especially of passengers in buses and coaches, against ejection in case of an accident must be improved and further modifications to the Directive should be introduced for this purpose;
Whereas everything should be done in order that these modifications can be applied by 31 December 1991 at the latest;
Whereas the adoption of a Directive on the mandatory wearing of safety belts for all occupants of vehicles of less then 3,5 tonnes should be linked to a further modification of the Directive aiming to render mandatory the installation of three-point belts with retractors also for the rear outboard seats of such vehicles;
Whereas the provisions of this Directive are in accordance with the opinion of the Committee on the Adaptation to Technical Progress of the Directives on the removal of technical barriers to trade in motor vehicles,
HAS ADOPTED THIS DIRECTIVE:
Article 1
The Annexes to Directive 77/541/EEC are hereby amended in accordance with the Annex to this Directive.
Article 2
1. With effect from 1 May 1991 no Member State may
(a) on grounds relating to safety belts or restraint systems:
- 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 Council Directive 70/156/EEC (1), or to grant national type-approval, or
- prohibit the entry into service of vehicles
if the safety belts or restraint systems of this type of vehicle or of these vehicles have been approved in accordance with Directive 77/541/EEC, as amended by this Directive;
(b)
- refuse to grant EEC component type-approval in respect of a type of safety belt or restraint system, intended for installation in a vehicle, which complies with the requirements of Directive 77/541/EEC, as amended by this Directive,
- prohibit the placing on the market of such safety belts and restraint systems which bear the EEC component type-approval marks prescribed in this Directive.
2. With effect from 1 July 1992 Member States:
(a)
- 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,
- may refuse to grant national type-approval in respect of a type of vehicle,
of which the safety belts or restraint systems have not been approved in accordance with Directive 77/541/EEC, as amended by this Directive;
(b)
- may refuse to grant EEC component type-approval in respect of a type of safety belt or restraint system, intended for installation in a vehicle, which does
not comply with the requirements of Directive 77/541/EEC, as amended by this Directive.
3. With effect from 1 July 1997 Member States:
- may prohibit the entry into service of vehicles of which the safety belts or restraint system have not been approved in accordance with Directive 77/541/EEC, as amended by this Directive,
- may prohibit the placing on the market of safety belts and restraint systems, intended for installation in a vehicle, which do not bear the EEC component type-approval marks prescribed in the Directive.
Article 3
Member States shall implement the provisions necessary to comply with this Directive before 1 May 1991. They shall forthwith inform the Commission thereof.
When Member States adopt these provisions, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.
Article 4
This Directive is addressed to the Member States.
Done at Brussels, 30 October 1990.