1970L0388 — EN — 01.01.1973 — 001.001 — 1
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►B COUNCILDIRECTIVE
of27July1970
on the approximation of the laws of the Member States relating to audible warning devices for
motorvehicles
(70/388/EEC)
(OJ L 176, 10.8.1970, p. 12)
Amended by:
Official Journal
No page date
►A1Act of Accession of Denmark, Ireland and the United Kingdom of Great
Britain and Northern IrelandL 73 14 27.3.1972
(adapted by Council Decision of 1 January 1973) L 2 1 1.1.1973
Corrected by:
►C1Consolidated text of corrigenda to instruments published in Special
Editions 1952-72, p. 77 (70/388/EEC)
►C2Corrigendum, OJ L 329, 25.11.1982, p. 31 (70/388/EEC)
▼B
COUNCILDIRECTIVE
of27July1970
on the approximationof the lawsofthe Member States relating to
audiblewarningdevicesformotorvehicles
(70/388/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;
Having regard to the Opinion of the Economic and Social Committee;
Whereas the technical requirements which motor vehicles must satisfy
pursuant to national laws relate, inter alia, to their audible warning
devices;
Whereas those requirements differ from one Member State to another;
whereas it is therefore necessary that all Member States adopt the samerequirements either in addition to or in place of their existing rules, inorder, in particular, to allow the EEC type approval procedure whichwas the subject of the Council Directive(
1) of 6 February 1970 on the
approximation of the laws of the Member States relating to the type
approval of motor vehicles and their trailers to be applied in respect
of each type of vehicle;
Whereas rules on audible warning devices should include requirements
relating not only to the fitting of such devices on vehicles but also to
the construction of such devices;
Whereas a harmonised type approval procedure for audible warning
devices makes it possible for each Member State to check compliancewith the common requirements relating to construction and testing andto inform the other Member States of its findings by sending a copy of
the type approval certificate completed for each type of audible
warning device; whereas the placing of an EEC type approval markon all devices manufactured in conformity with the approved typeobviates any need for technical checks on these devices in the otherMember States;
HAS ADOPTED THIS DIRECTIVE:
Article 1
1. Each Member State shall approve any type of audible warning
device which satisfies the construction and testing requirements laiddown in item 1 of Annex I.
2. The Member State which has granted type approval shall take the
necessary measures to verify, in so far as is necessary and if need be inco-operation with the competent authorities in the other Member States,that production models conform to the approved type. Such verificationshall be limited to spot checks.
Article 2
Member States shall issue to the manufacturer, or to his authorised
representative, an EEC type approval mark which shall conform to themodel shown in item 1.4 of Annex I, for each type of audible warningdevice which they approve pursuant to Article 1.1970L0388 — EN — 01.01.1973 — 001.001 — 2
(1) OJ No L 42, 23.2.1970, p. 1.
▼B
Member States shall take all appropriate measures to prevent the use of
marks liable to create confusion between audible warning deviceswhich have been type approved pursuant to Article 1 and other devices.
Article 3
1. No Member State may prohibit audible warning devices from
being marketed on grounds relating to their construction or method ofoperation if those devices bear the EEC approval mark.
2. Nevertheless, this provision shall not prevent a Member State
from taking such measures in respect of audible warning devicesbearing the EEC approval mark which, by their design, do not conformto the approved prototype.
That State shall inform the other Member States and the Commission
forthwith of the measures taken, specifying the reasons for its decision.The provisions of Article 5 shall also apply.
There shall be failure to conform to the approved prototype, within the
meaning of the first subparagraph, where the upper or lower limitspecified in item 1.2.1.6 of Annex I is not observed.
Article 4
The competent authorities of each Member State shall within one
month send to the competent authorities of the other Member States acopy of the type approval certificate for each type of audible warning
device which they approve or refuse to approve.
Article 5
1. If the Member State which has granted EEC approval finds that a
number of audible warning devices bearing the same approval mark donot conform to the type which it has approved, it shall take the neces-sary measures to ensure that production models conform to theapproved type. The competent authorities of that State shall advise
those of the other Member States of the measures taken, which may,
where necessary, extend to withdrawal of EEC approval. The saidauthorities shall take the same measures if they are informed by thecompetent authorities of another Member State of such failure toconform.
2. The competent authorities of the Member States shall within one
month inform each other of any withdrawal of EEC type approval, andof the reasons for such measures.
3. If the Member State which has granted EEC type approval
disputes the failure to conform notified to it, the Member Statesconcerned shall endeavour to settle the dispute. The Commission shall
be kept informed and shall, where necessary, hold appropriate consulta-
tions for the purpose of reaching a settlement.
Article 6
All decisions taken pursuant to the rules adopted in implementation of
this Directive and refusing or withdrawing approval for an audiblewarning device or prohibiting its marketing or use shall state in detailthe reasons on which they are based. A decision shall be notified to theparty concerned, who shall at the same time be informed of the reme-
dies 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 7
No Member State may refuse to grant EEC type approval or national
type approval of a vehicle on grounds relating to its audible warningdevice if that device bears the EEC approval mark and if it is fitted inaccordance with the requirements laid down in item 2 of Annex I.1970L0388 — EN — 01.01.1973 — 001.001 — 3
▼A1
Article 7a
No Member State may refuse or prohibit the sale or registration, entry
into service or use of a vehicle on grounds relating to its audible
warning device if that device bears the EEC approval mark and if it is
fitted in accordance with the requirements laid down in item 2 ofAnnex I.
Article 8
For the purposes of this Directive, ‘vehicle’ means any motor vehicle
intended for use on the road, with or without bodywork, having at leastfour wheels and a maximum design speed exceeding 25 km/h, with theexception of vehicles which run on rails, agricultural tractors and
machinery, and public works vehicles.
Article 9
The amendments necessary for adjusting the requirements of Annexes I
and II so as to take account of technical progress shall be adopted inaccordance with the procedure laid down in Article 13 of the CouncilDirective of 6 February 1970 on the approximation of the laws of theMember States relating to the type approval of motor vehicles and theirtrailers.
Article 10
1. Member States shall put into force the provisions containing the
requirements needed in order to comply with this Directive within
eighteen 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 Directiveare communicated to the Commission.
Article 11
This Directive is addressed to the Member States.1970L0388 — EN — 01.01.1973 — 001.001 — 4
▼B
▼B
ANNEXI
1. EEC TYPE APPROVAL OF AN AUDIBLE WARNING DEVICE
1.1 The warning device shall emit a continuous sound.
1.2 The warning device shall have acoustic characteristics (frequency spec-
trum of the sound, level of sound pressure) and mechanical
characteristics such that it can satisfy the following tests, in the order
indicated.
1.2.1Measurement of sound level
1.2.1.1 The warning device shall be tested in a sufficiently silent and open
area(1) (ambient noise and wind noise at least 10 db (A) below the noise
being measured) or in an anechoic chamber; the microphone of the
measuring instrument shall be located in the direction in which the
subjective sound level is at a maximum and 2 m from the front surface
of the device, the microphone and the device being positioned at a
height of 1·20 m above ground level.
1.2.1.2 The measurements shall be made on the ‘A’ weighting scale of the IEC
(International Electrotechnical Commission) standard, by means of
sound-level meters conforming to the type described in Publications
179, 1st ed. (1965), of the International Electrotechnical Commission.
1.2.1.3 The device shall be supplied with a voltage of 6·5, 13 or 26 volts
measured at the terminal of the source of electric power, corresponding
respectively to a rated voltage of 6, 12 or 24 volts.
1.2.1.4 The resistance of the connecting leads, including the resistance of the
terminals and contacts, must be:
0·05 ohms for a 6 volt circuit
0·10 ohms for a 12 volt circuit0·20 ohms for a 24 volt circuit
1.2.1.5 The device shall be rigidly mounted, using the part or parts provided by
the manufacturer, on a support whose mass is at least ten times that of
the device and not less than 15 kg.
1.2.1.6 Under the above conditions, the subjective sound pressure level must be
not more than 118 dB (A) and not less than 105 dB (A).
1.2.1.7 The time lapse between the moment of activation and the moment at
which the sound reaches the minimum level laid down in item 1.2.1.6
above may not exceed 0·2 seconds, measured in an ambient temperature
of 20±5 ºC.
This provision shall apply in particular to pneumatically or electro-pneu-
matically operated devices.
1.2.1.8 Devices which are pneumatically or electro-pneumatically operated
must, with the pneumatic circuit arranged in accordance with the manu-
facturer's specification, have the same acoustic performance as that
required for electrically operated audible warning devices.
1.2.2Endurance tests
1.2.2.1 The warning device must be supplied with one of the rated voltages
specified in item 1.2.1.3 above, through connecting leads having one of
the resistances as specified in item 1.2.1.4 above, and be operated
50000 times, each time for a period of one second, followed by a
four-second break. During the test, the device must be ventilated by an
air current having a speed of approximately 10 m/s.
1.2.2.2 If the test is carried out in an anechoic chamber, the latter must be of
sufficient volmue to allow normal dispersal of the heat emitted by the
device during the endurance test.1970L0388 — EN — 01.01.1973 — 001.001 — 5
(1) The aforementioned area may take the form, for instance, of an open space of 50 m
radius having a central part of at least 20 m radius which is practically level, surfacedwith concrete, asphalt or similar material, and not covered with powdery snow, tall
grass, light soil or ashes. Measurements shall be carried out in fine weather. No person
other than the observer taking the readings from the apparatus may remain near theaudible warning device or the microphone, as the presence of spectators near citherthe device or the microphone may considerably affect the readings from the apparatus.Fluctuations of the pointer which appear to be unrelated to the characteristics of the
general sound level shall be ignored in taking readings.
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1.2.2.3 The ambient temperatures ►C1in the test room must be
between ◄+ 15 and + 30 ºC.
1.2.2.4 If, after 25000 operations, the sound level of the device has changed in
relation to the sound level before the test, the device may be adjusted.
After 50000 operations and if necessary further adjustment the device
must pass the test described in item 1.2.1 above.
1.2.3Acoustic tests
1.2.3.1 The spectrum of the sound emitted by the device, measured at a distance
of 2 m, must show a sound pressure higher than that of any frequency
component above 3550 Hz in the 1800 to 3550 Hz frequency band, and
in no case less than 105 dB (A).
1.2.3.2 The requirements stated in item 1.2.3.1 above must be satisfied by a
warning device which has been submitted to the test described in item
1.2.2 above and which is supplied with a voltage of between 115% and
95% of its rated voltage.
1.2.3.3 The effective voltage shall be that laid down in item 1.2.1 above.
1.2.3.4 The resistance of the connecting leads, including the resistance of the
battery and the contacts, shall be that laid down in item 1.2.1 above.
1.2.3.5 Both the device being tested and the microphone shall be placed at the
same height; the microphone must be positioned facing the front surface
of the warning device in the direction in which the subjective sound
level is at a maximum.
1.2.3.6 The device shall be rigidly mounted, using the part or parts provided by
the manufacturer, on a support whose mass is at least ten times that of
the device and in any event not less than 30 kg.
1.2.3.7 The above test shall be made in an anechoic chamber.
1.3Typeapprovaltests
1.3.1 The type approval tests shall be carried out on two samples of each type
submitted by the manufacturer for approval; both the samples shall be
subjected to all the tests and must conform to the technical specifica-
tions laid down in this Annex.
1.4Typeapprovalmark
1.4.1 The type approval mark shall be made up of a rectangle, within which
shall be placed the letter ‘e’ followed by the distinguishing number of
the country which has granted the approval ►A1(1 for Germany, 2
for France, 3 for Italy, 4 for the Netherlands, 6 for Belgium, 11 for the
United Kingdom, 12 for Luxembourg, the letters DK for Denmark and
the letters IRL for Ireland ).◄At any point within the
immediate proximity of this rectangle there shall be placed a type
approval number corresponding to the number of the approval certificate
completed for the prototype.
1.4.2 The approval mark (symbol and number) mentioned above shall be
shown on the main body of the audible warning device in such a way
that it is clearly visible from the outside after the warning device has
been fitted on the vehicle.
1.4.3 The various marks must be clearly legible and indelible.1.4.4 The dimensions of the approval mark drawn below are expressed in
millimetres; they are minimum dimensions. The ratios between the
dimensions must be maintained.1970L0388 — EN — 01.01.1973 — 001.001 — 6
▼B
2. CHARACTERISTICS OF THE AUDIBLE WARNING DEVICE
WHEN FITTED TO THE VEHICLE
2.1Acoustictests
When a vehicle is type approved, the characteristics of the warning
device fitted to that type of vehicle shall be tested as follows:
2.1.1 The sound pressure level of the device when fitted to the vehicle shall
be measured at a point 7 m in front of the vehicle at a site which is open
and as level as possible. The engine of the vehicle shall be stopped. The
effective voltage shall be that laid down in item 1.2.1 above.
2.1.2 Measurements shall be made on the ‘A’ weighting scale of the IEC
(International Electrotechnical Commission) standard.
2.1.3 The maximum sound pressure level shall be determined at a height of
between 0·5 and 1·5 m above ground level.
2.1.4 That maximum must be not less than 93 dB (A).1970L0388 — EN — 01.01.1973 — 001.001 — 7
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ANNEXII
TYPEAPPROVALCERTIFICATE
1970L0388 — EN — 01.01.1973 — 001.001 — 8