COUNCIL DIRECTIVE of 17 October 1978 on the approximation of the laws of the Member States relating to the installation of lighting and light-signalling devices on wheeled agricultural and forestry tractors (78/933/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 the technical requirements which tractors must satisfy pursuant to national laws relate inter alia to the installation of lighting and light-signalling devices;
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 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), to be applied in respect of each type of tractor;
Whereas the common requirements for the construction of lighting and light-signalling devices will be the subject of further special Directives;
Whereas the approximation of the laws of Member States relating to tractors entails mutual recognition by the Member States of the checks carried out by each of them on the basis of the common requirements ; whereas, if the system is to function properly, these requirements must be applied by all Member States from the same date,
HAS ADOPTED THIS DIRECTIVE:
Article 1
1. "Agricultural or forestry tractor" means any motor vehicle, fitted with wheels or endless tracks, 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 the tractors defined in paragraph 1 which are fitted with pneumatic tyres and which have two axles and a maximum design speed of between 6 and 25 km/h.
Article 2
No Member State may refuse to grant EEC type-approval or national type-approval of a tractor on grounds relating to the installation of lighting and light-signalling devices, whether mandatory or optional, listed in 1.5.7 to 1.5.21 of Annex I if these are installed in accordance with the requirements set out in that Annex.
Article 3
No Member State may refuse the registration or prohibit the sale, entry into service or use of any tractor on grounds relating to the installation of lighting and light-signalling devices, whether mandatory or optional, listed in 1.5.7 to 1.5.21 of Annex I if they are installed in accordance with the requirements set out in that Annex.
Article 4
A Member State which has granted EEC type-approval shall take the necessary measures to ensure that it is informed of any modification to any of the parts or characteristics referred to in 1.1 of Annex I. The competent authorities of that Member State shall determine whether further tests should be carried out on the modified tractor type and a fresh report drawn up. Where such tests reveal failure to comply with the requirements of this Directive, the modification shall not be approved.
Article 5
Any amendments necessary to adjust the requirements of the Annexes to take account of technical progress (1)OJ No C 5, 8.1.1975, p. 54. (2)OJ No C 47, 27.2.1975, p. 43. (3)OJ No L 84, 28.3.1974, p. 10.
shall be adopted in accordance with the procedure laid down in Article 13 of Council Directive 74/150/EEC.
Article 6
From the date of implementation of this Directive, Council Directive 75/323/EEC of 20 May 1975 on the approximation of the laws of the Member States relating to the power connection fitted on wheeled agricultural or forestry tractors for lighting and light-signalling devices on tools, machinery or trailers intended for agriculture or forestry (1) shall cease to apply.
Article 7
1. Member States shall bring into force the laws, regulations and administrative provisions necessary in order to comply with this Directive within 18 months of its notification and shall forthwith inform the Commission thereof.
2. Member States shall communicate to the Commission the text of the provisions of national law which they adopt in the field covered by this Directive.
Article 8
This Directive is addressed to the Member States.
Done at Luxembourg, 17 October 1978.