1974L0061 — EN — 20.12.1973 — 000.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCIL DIRECTIVE
of 17December 197 3
on the approximation of the laws of the Member States relating to devices to prevent the
unauthorized use of motor vehicles
(74/61/EEC)
(OJ L 38, 11.2.1974, p. 22)
Corrected by:
►C1Corrigendum, OJ L 215, 6.8.1974, p. 20 (74/61)
1974L0061 — EN — 20.12.1973 — 000.001 — 2
▼B
COUNCIL DIRECTIVE
of 17December 197 3
on the approximation of the laws of the Member States relating to
devices to prevent the unauthorized use of motor vehicles
(74/61/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 devices to prevent the
unauthorized use of such vehicles;
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 which wasthe subject of the Council Directive of 6 February 1970 (
3)o nt h e
approximation of the laws of the Member States relating to the typeapproval of motor vehicles and their trailers to be applied in respect ofeach type of vehicle;
Whereas as regards the technical requirements it is advisable to follow
basically those adopted by the UN Economic Commission for Europe inits Regulation No 18 (
4) (‘Uniform provisions concerning the approval
of vehicles with regard to their protection against unauthorized use'),which is annexed to the Agreement of 20 March 1958 concerning theadoption of uniform conditions of approval and reciprocal recognitionof approval for motor vehicle equipment and parts,
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 leastfour wheels and a maximum design speed exceeding 25 km/h, with theexception of vehicles which run on rails, agricultural tractors andmachinery and engineering plant.
Article 2
No Member State may refuse to grant EEC type approval or national
type approval of a vehicle on grounds relating to the device to preventunauthorized use if such device meets the requirements set out in AnnexI.
Article 3
No Member State may refuse or prohibit the sale, registration, entry into
service or use of any vehicle on grounds relating to the device toprevent unauthorized use if such device meets the requirements set outin Annex I.
(1) OJ No C 112, 27. 10. 1972, p. 16.
(2) OJ No C 60, 26. 7. 1973, p. 12.
(3) OJ No L 42, 23. 2. 1970, p. 1.
(4) EEC, Geneva, E/ECE/324 — E/ECE/TRANS/505/Rev. Add. 17.
1974L0061 — EN — 20.12.1973 — 000.001 — 3
▼B
Article 4
The Member State which has granted type approval shall take the
necessary measures to be informed of any modification of a part orcharacteristic referred to in item 2.2. of Annex I. The competent author-ities of that State shall determine whether fresh tests should be carriedout on the ►
C1modified vehicle type ◄and a fresh report drawn up.
Where such tests reveal failure to comply with the requirements of thisDirective, the modification shall not be approved.
Article 5
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 harmonization of the laws of theMember States relating to the type-approval of motor vehicles and theirtrailers.
Article 6
1. Member States shall put into force the provisions needed in order
to comply with this Directive within eighteen months of its notificationand 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 Directive arecommunicated to the Commission.
Article 7
This Directive is addressed to the Member States.
1974L0061 — EN — 20.12.1973 — 000.001 — 4
▼B
ANNEX I (1)
SCOPE, DEFINITIONS, APPLICATION FOR EEC TYPE APPROVAL,
AND SPECIFICATIONS
1. FITTING OF DEVICE
Every vehicle in Categories M1and N1(defined in Annex I of the
Directive of 6 February 1970) must be equipped with a device toprevent unauthorized use. The fitting of this device on vehicles of othercategories shall be optional.
2. DEFINITIONS
For the purposes of this Directive
(2.1.)
2.2. ‘vehicle type'means, in the context of preventing its unauthorized use,
a category of motor vehicles which do not differ in such essentialrespect as:
2.2.1. the manufacturer’s description of the vehicle type;2.2.2. the arrangement and design of the vehicle component or components
on which the protective device acts;
2.2.3. the type of protective device;2.3. ‘protective device' means the totality of the components designed to
prevent the unauthorized use of the vehicle. The protective device isconstituted by combining a device preventing the engine from beingstarted by means of the normal control with one of the followingdevices. The protective device may be one:
— acting on the steering,
— acting on the gear-shift control,— acting on the transmission, or— preventing the engine from running.
2.3.1. Devices preventing the release of the vehicle’s brakes only are not
considered to be ‘protective devices';
(2.4.)2.5. ‘steering mechanism' means the steering control, the steering column
and its accessory cladding, the steering shaft, the steering gear box, andall such other components as those designed to participate in absorbingenergy in the event of collision with the steering-wheel.
3. APPLICATION FOR EEC TYPE APPROVAL
3.1. The application for approval of a type of vehicle with regard to the
protective device to prevent its unauthorized use shall be submitted bythe vehicle manufacturer or by his duly accredited representative.
3.2. It shall be accompanied by the undermentioned documents, in tripli-
cate, and by the following particulars:
3.2.1. a detailed description of the vehicle type with regard to the arrange-
ment and design of the control or of the unit on which the protectivedevice acts;
3.2.2. drawings, on an appropriate scale and in sufficient detail, of the protec-
tive device and of its mounting on the vehicle;
3.2.3. a technical description of the device.3.3. There shall be submitted to the technical service responsible for
conducting the type approval tests:
(1) The text of the Annex is almost identical to that of UN Economic Community for
Europe Regulation No 18; in particular, the point numbers are the same; for thisreason, if an item from Regulation No 18 has no equivalent in this Directive, thenumber is shown in brackets as a reminder.
1974L0061 — EN — 20.12.1973 — 000.001 — 5
▼B
3.3.1. a vehicle representative of the vehicle type to be approved, and
3.3.2. at the request of the technical service, such components of the vehicle
as that service deems essential for the checks prescribed in points 5 and6.
4. EEC TYPE APPROVAL
(4.1.)
(4.2.)4.3. A certificate conforming to the model shown in Annex II shall be
attached to the EEC type approval certificate.
(4.4.)(4.4.1.)(4.4.2.)(4.5.)(4.6.)
5. GENERAL SPECIFICATIONS
5.1. The protective device shall be so designed that it is necessary to put it
out of action in order to enable:
5.1.1. the engine to be started by means of the normal control or5.1.2. the vehicle to be driven or shifted forward under its own power.5.2. When the device is in action, those of its parts which are necessary for
complying with the condition of point 5.1.2 above shall be incapable ofbeing rendered ineffective by simple means.
5.3. The engine shall be started and the requirements of point 5.1 shall be
satisfied only by the action of one key on a single lock; except in thecase laid down in point 6.1.6, the key shall not be capable of beingcompletely removed from the lock unless the protective device referredto in point 5.1 has come into action or been set to act.
5.4. The protective device referred to in point 5.1 above shall be so
designed that it cannot rapidly and without attracting attention beopened, rendered ineffective or destroyed.
5.5. The protective device shall be mounted on the vehicle as an item of
permanent equipment. It shall be fitted in such a way that even afterremoval of its housing it cannot, when in the locked condition, bedismantled otherwise than with special tools. If it would be possible torender the protective device ineffective by the removal of screws, thescrews shall, unless they are non-removable screws, be covered byparts of the locked protective device.
5.6. The lock shall be securely assembled in the protective device.5.7. The locks used shall comprise not less than 1 000 different combina-
tions, that is, the key appropriate to one combination shall not becapable of opening more than an average of one lock in 1 000. In thevehicles of one type the frequency of occurrence of each combinationshall be roughly one per 1 000.
5.8. Protective devices shall be such as to exclude any risk, while the
vehicle is in motion, of accidental locking likely to compromise safety.
5.9. If the operation of the protective device requires the use of an energy
reserve other than the energy of the driver, that energy reserve shall beused only to activate the device’s locking and unlocking system. Theprotective device shall be kept in position by purely mechanical means.
5.10. The protective device may be additionally equipped with an external
acoustic warning device which will be activated on any attempt tounlock the device, render it inoperative or destroy it; the signalsemitted shall be brief and shall end automatically after not more than30 seconds; they shall recommence only if the device is activatedagain. In addition, it shall be emitted by the normal warning devicefitted on the vehicle.
1974L0061 — EN — 20.12.1973 — 000.001 — 6
▼B
(5.10.1.)
(5.10.2.)
6. PARTICULAR SPECIFICATIONS
In addition to the general specifications prescribed in point 5, if the
protective device is of a type acting on the steering, on the transmissionor on the gear-shift control, it shall comply with the particular condi-tions prescribed below for such types of device.
6.1. Protective devices acting on the steering
6.1.1. A protective device acting on the steering shall lock the steering.
6.1.2. It shall not be possible for the steering to be locked inadvertently when
the key is in the lock of the protective device, even if the devicepreventing starting of the engine has come into action or been set toact.
6.1.3. It shall not be possible to switch on the ignition of a petrol-engined
vehicle or to start the engine of a diesel-engined vehicle by means ofthe normal control, until a lock acting on the steering has been opened.
6.1.4. When the protective device is set to act, it shall not in any event be
possible to prevent engagement of the bolt in its counterpart.
6.1.5. The bolt shall engage to a sufficient depth to ensure that the protective
device continues to be effective even after it has undergone somedegree of wear.
6.1.6. If the protective device is such that the key can be removed in a
position other than the position in which the steering is locked, it shallbe so designed that the manoeuvre required to reach that position andremove the key cannot be effected inadvertently.
6.1.7. The protective device shall be strong enough to withstand, without
damage to the steering mechanism likely to compromise safety, theapplication in both directions parallel to the axis of the steering shaft,and in static conditions, of a torque of 19 ·6 mdaN.
6.2. Protective devices acting on the transmission
A protective device acting on the transmission shall prevent the rotation
of the vehicle’s driving wheels.
6.3. Protective devices acting on the gear-shift control
6.3.1. A protective device acting on the gear-shift control shall be capable of
preventing any change of gear.
6.3.2. In the case of manual gear-boxes, it shall be possible to lock the
gear-shift lever in the following positions only: reverse plus neutral, orreverse only.
6.3.3. In the case of automatic gear-boxes, locking shall be possible in the
‘Parking'position only; additional locking in the ‘neutral'position shallbe permissible.
(7.)(8.)(9.)(10.)(11.)
1974L0061 — EN — 20.12.1973 — 000.001 — 7
▼B
ANNEX II