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"BCOUNCIL DIRECTIVE
of 17 May 1977
on the approximation of the laws of the Member States relating to motor-vehicle towing-devices
(77/389/EEC)
(OJ L 145, 13.6.1977, p. 41)
Amended by:
Official Journal
No page date
"M1 Commission Directive 96/64/EC of 2 October 1996 L 258 26 11.10.1996
Corrected by:
"C1 Corrigendum, OJ L 40, 13.2.1998, p. 19 (77/389/EEC)1977L0389 — EN — 31.10.1996 — 001.001 — 1
COUNCIL DIRECTIVE
of 17 May 1977
on the approximation of the laws of the Member States relating to
motor-vehicle towing-devices
(77/389/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 motor vehicles must satisfy
pursuant to national laws relate inter alia to their towing-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 70/156/EEC 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 (3), to be introduced in
respect of each type of vehicle;
Whereas approximation of the national laws relating to motor vehicles
entails mutual recognition by the Member States of the checks carried
out by each of them on the basis of the common requirements,
HAS ADOPTED THIS DIRECTIVE:
Article 1
For the purposes of this Directive, ‘vehicle’ means any motor vehicle
intended for use on the road, with or without bodywork, having at least
four wheels and a maximum design speed exceeding 25 km/h,
"M1with the exception of vehicles which run on rails and of
agricultural and forestry tractors and all mobile machinery. 3
Article 2
No Member State may refuse to grant EEC type-approval or national
type-approval of a vehicle on grounds relating to their towing-devices, if
these satisfy the requirements set out in the "M1Annex II 3.
Article 3
No Member State may refuse registration or prohibit the sale, entry into
service or use of a vehicle on grounds relating to their towing-devices if
these satisfy the requirements set out in the "M1Annex II 3to this
Directive.
Article 4
Any amendments necessary to adjust the requirements of "M1the
Annexes 3to take account of technical progress shall be adopted in
accordance with the procedure laid down in Article 13 of Council
Directive 70/156/EEC.!B
(1) OJ No C 76, 7. 4. 1975, p. 37.
(2) OJ No C 248, 29. 10. 1975, p. 24.
(3) OJ No L 42, 23. 2. 1970, p. 1.1977L0389 — EN — 31.10.1996 — 001.001 — 2
Article 5
1. Member States shall put into force the provisions necessary to
comply with this Directive within 18 months of its notification and shall
immediately inform the Commission thereof.
2. Member States shall ensure that the texts of legislative provisions
which they adopt in the area governed by this Directive are
communicated to the Commission.
Article 6
This Directive is addressed to the Member States.!B1977L0389 — EN — 31.10.1996 — 001.001 — 3
!M1
LIST OF ANNEXES
Annex I: Administrative provisions for type-approval
Appendix 1: Information document
Appendix 2: Type-approval certificate
Annex II: Towing-devices1977L0389 — EN — 31.10.1996 — 001.001 — 4
!M1
ANNEX I
ADMINISTRATIVE PROVISIONS FOR TYPE-APPROV AL
1. APPLICATION FOR EC TYPE-APPROV AL OF A VEHICLE TYPE
1.1. The application for EC type-approval pursuant to Article 3 (4) of Directive
70/156/EEC of a vehicle type with regard to its towing devices shall besubmitted by the manufacturer.
1.2. A model for the information document is given in Appendix 1.
1.3. The following must be submitted to the technical service responsible for
conducting the type-approval tests:
1.3.1. a vehicle representative of the type to be approved.
2. GRANTING OF EC TYPE-APPROV AL OF A VEHICLE TYPE
2.1. If the relevant requirements are satisfied, EC type-approval pursuant to
Article 4 (3) and, if applicable, 4 (4) of Directive 70/156/EEC shall begranted.
2.2. A model for the EC type-approval certificate is given in Appendix 2.
2.3. An approval number in accordance with Annex VII to Directive
70/156/EEC shall be assigned to each type of vehicle approved. Thesame Member State shall not assign the same number to another type of
vehicle.
3. MODIFICA TIONS OF THE TYPE AND AMENDMENTS TO APPRO-
V ALS
3.1. In the case of modifications of the type approved pursuant to this
Directive, the provisions of Article 5 of Directive 70/156/EEC shall apply.
4. CONFORMITY OF PRODUCTION
4.1. Measures to ensure the conformity of production shall be taken in
accordance with the provisions laid down in Article 10 of Directive70/156/EEC.1977L0389 — EN — 31.10.1996 — 001.001 — 5
Appendix 1
!M11977L0389 — EN — 31.10.1996 — 001.001 — 6
Appendix 2
!M11977L0389 — EN — 31.10.1996 — 001.001 — 7
!M11977L0389 — EN — 31.10.1996 — 001.001 — 8
ANNEX "M1II3
TOWING-DEVICES
1. Number
1.1. All motor vehicles must have a special towing-device fitted at the front, to
which a connecting part, such as a towing-bar or tow-rope, may be fitted.
1.2. Vehicles in category M 1— as defined in "M1Annex II A 3 to
Directive 70/156/EEC — except for those vehicles unsuitable for towing
loads, must also be fitted with a towing-device at the rear.
2. Stability
2.1. Each special towing-device fitted to the vehicle must be able to withstand
"C1a tractive and compressive static force 3 of at least half the
authorized total weight of the vehicle, only without the towed load to
which it is fitted.!B1977L0389 — EN — 31.10.1996 — 001.001 — 9