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COMMISSION DIRECTIVE
of 18 February 1985
adapting to technical progress Council Directive 71/127/EEC on the approximation of the laws of the Member States relating to the rear-view mirrors of motor vehicles
(85/205/EEC)
THE COMMISSION OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of Member States relating to the type-approval of motor vehicles and their trailers (1), as last amended by Directive 80/1267/EEC (2) and in particular Article 11 thereof,
Having regard to Council Directive 71/127/EEC of 1 March 1971 on the approximation of the laws of the Member States relating to the rear-view mirrors of motor vehicles (3), as amended by Commission Directive 79/795/EEC (4),
Whereas, in the light of the experience gained and the present state of the art, it is now possible not only to amplify certain requirements of Directive 71/127/EEC and bring them more into line with actual test conditions but also to render them more stringent with a view to improving road safety;
Whereas the presence of the passenger-side exterior rear-view mirror on vehicles in categories M1 (cars) and N1 (light vans), although still optional, has made it necessary to modify the design of both the mirror and its holder in order to ensure that, whilst guaranteeing an optimum field of vision, the dimensions of the device are such as to minimize vibrations and drag;
Whereas, in the case of category N3 articulated tractors (heavy goods vehicles), existing provisions have proved inadequate as regards the exterior lateral field of vision to the side and rear of the vehicle and whereas, in order to remedy this shortcoming, it has proved necessary to require the fitting of an additional 'wide-angle' rear-view mirror;
Whereas, in the case of all category N3 vehicles (rigid lorries with or without trailer and articulated tractors), existing provisions have proved inadequate as regards the field of vision in the area adjacent to the side of the cab structure opposite the driver and whereas, in order to remedy this shortcoming, it has proved necessary to require the fitting of a 'close-proximity' rear-view mirror;
Whereas the measures provided for in this Directive are in accordance with the opinion of the Committee for the Adaptation to Technical Progress of Directives on the removal of technical barriers to trade in the motor vehicles sector,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Directive 71/127/EEC is hereby amended as follows:
1. Article 7 is replaced by the following:
'Article 7
1. With effect from 1 October 1985, no Member State may, on grounds relating to rear-view mirrors:
(a) - refuse, in respect of a type of motor vehicle, to grant EEC type-approval, to issue the document referred to in the third indent of Article 10 (1) of Directive 70/156/EEC, or to grant national type-approval, or
- prohibit the entry into service of the vehicles,
if the rear-view mirrors of this type of vehicle or of these vehicles comply with the provisions of this Directive;
(b) - refuse, in respect of a type of rear-view mirror, to grant EEC component type-approval or national type-approval, if these rear-view mirrors comply with the provisions of this Directive, or
- prohibit the placing on the market of rear-view mirrors which bear the EEC component type-approval mark issued in accordance with the requirements of this Directive.
2. With effect from 1 October 1986 a Member State:
(a) - shall not issue the document referred to in the third indent of Article 10 (1) of Directive 70/156/EEC in respect of a type of vehicle of which the rear-view mirrors do not comply with the provisions of this Directive,
- may refuse to grant national type-approval in respect of a type of vehicle of which the rear-view mirrors do not comply with the provisions of this Directive;
(b) - shall not grant EEC component type-approval in respect of a type of rear-view mirror if the latter does not comply with the provisions of this Directive,
- may refuse to grant national component type-approval in respect of a type of rear-view mirror if the latter does not comply with the provisions of this Directive.
3. With effect from 1 October 1988, Member States may prohibit the entry into service of vehicles - with the exception of those referred to in item 2.1.3 of Annex III - of which the rear-view mirrors do not comply with the provisions of this Directive.
With effect from 1 October 1992, Member States may prohibit the entry into service of vehicles referred to in item 2.1.3 of Annex III of which the rear-view mirrors do not comply with the provisions of this Directive. They may likewise prohibit the placing on the market of rear-view mirrors which do not bear the component type-approval mark issued in accordance with the requirements of this Directive.'
2. The Annexes are replaced by the Annexes to this Directive.
References to the Annexes in the text of Directive 71/127/EEC are to be understood as references to the corresponding provisions in the Annexes to this Directive, as follows:
- point 2 of Annex I corresponds to Annex II,
- point 2.6 of Annex I corresponds to Appendix 2 to Annex II.
Article 2
Member States shall bring into force the provisions necessary to comply with this Directive not later than 1 October 1985. They shall forthwith inform the Commission thereof.
Article 3
This Directive is addressed to the Member States.
Done at Brussels, 18 February 1985.