No C 298/8 Official Journal of the European Communities 23. 11. 88 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Directive on the approximation of the laws of the Member States 
relating to compulsory use of safety belts in vehicles of less than 3,5 tonnes 
COM(88) 544 final 
(Submitted by the Commission to the Council on 4 November 1988) 
(88/C 298/05) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community and in particular Article 75 
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, equirements relating to safety belts with which motor 
vehicles must comply, but not the use of safety belts; 
Whereas the resolution of 19 December 1984 (') adopted 
by the Council and the representatives of the 
Governments of the Member States of the European 
Communities, meeting within the Council, undertook to 
ensure the rapid adoption of road seat measures, and 
invited the Commission to submit proposals, 
Whereas Reports of the European Parliament on Road 
Safety (') (;) have recommended that the wearing of 
safety belts by all passengers, including children, on all 
roads and in all seats in passenger vehicles (except public 
service vehicles), should be compulsory; 
Whereas the present national legislations on compulsory 
use of safety belts, where they exist, differ widely and 
whereas it is therefore necessary to harmonize that 
compulsory use; Whereas the technical requirements of child restraint 
systems are still the subject of discussion and study by 
the Commission and will therefore be the subject of a 
later amendment to this Directive; 
Whereas it should be compulsory to use safety belts in 
vehicles of less than 3,5 tonnes in order to guarantee 
road users a greater degree of safety; 
Whereas Council Directive 76/115/EEC of 18 
December 1975 on the approximation of the laws of the 
Member States relating to anchorages for motor-vehicle 
safety belts ('), as last amended by Directive 
82/319/EECO, and Council Directive 77/541/EEC of 
28 June 1977 on the approximation of the laws of the 
Member States relating to safety belts and restraint 
systems of motor vehicles ('), as last amended by 
Directive 87/354/EEC (*), concern the technical Whereas studies have also shown that rear seats are 
almost as hazardous as front seats for unbelted 
occupants and that unrestrained rear seat occupants 
increase the risk of injuries to front seat passengers; and 
whereas deaths and injuries could thus be further 
reduced if the wearing of belts in rear seats were made 
compulsory; 
Whereas the fixing cf the date of application of the 
measures referred to in this Directive should allow time 
for the provisions of implementation required, 
particularly in those Member States where no provisions 
on this matter exist yet; 
(') OJ No L 24, 30. 1. 1976, p. 6. 
(') OJ No L 139, 19. 5. 1982, p. 9. 
(') OJ No L 220, 29. 8. 1977, p. 95. 
(4) OJ No L 192, 11. 7. 1987, p. 43. C) OJ No C 341, 21. 12. 1984, p. 1. 
(') OJ No C 104, 16. 4. 1984, p. 38. 
(') OJ No C 68, 24. 3. 1986, p. 35. 
23. 11.38 Official Journal of the European Communities No C 298/9 
HAS ADOPTED THIS DIRECTIVE: 
Article 1 
For the purposes of this Directive, 'vehicle' means any 
motor vehicle in categories M and N as defined in 
Annex I to Council Directive 70/156/EEC (') intended 
for use on the road, having at least four wheels and a 
maximum design speed exceeding 25 km/h. 
Article 2 
1. Member States shall ensure that the driver and 
front seat passengers of vehicles being used on the road 
in category M 1 first registered on or after 1 March 1979 
shall wear safety belts. 
2. Member States shall ensure that from no later than 
1 January 1993, passengers occupying the rear seats of 
vehicles being used on the road in category M 1 first 
registered on or after 1 January 1989 shall be restrained 
by an approved restraint system. 
Article 3 
Member States shall ensure that the driver and front seat 
passengers of vehicles being used on the road in 
categories N 1 and M 2 (except vehicles of a permissible 
maximum weight exceeding 3,5 tonnes and those which 
include places specially designed for standing passengers) 
first registered on or after 1 October 1982 shall wear 
safety belts. 
Article 4 
Notwithstanding the provisions of Articles 2 and 3, a 
Member State may specify earlier dates applying to the 
first registration in that Member State of vehicles in 
which safety belts must be worn. 
Article 5 
Where vehicles in categories M 1 and M 2 are not yet 
fitted at type-approval for the seats specified hereafter 
with safety belts and/or anchorages, the following shall 
be exempted from the provisions of Articles 2 and 3: 
a) front seat passengers other than those in outboard 
seats; 
b) the driver and front seat passengers of vehicles in 
category M 2 with more than 12 seats exclusive of the 
driver's. 
Article 6 
The provisions of Articles 2 to 4 shall apply to drivers 
and passengers of vehicles being used on the road in the 
Community which are registered in a third country, 
when safety belts are fitted. Article 7 
Member States may exempt children under the age of 12 
from the provisions of Articles 2 and 3. If such 
exemptions are made, such children shall sit in the rear 
of the vehicle, provided that rear seats are available. 
Article 8 
The following categories of persons shall be exempt from 
the provisions of Articles 2 and 3: 
(a) all drivers when reversing or parking; 
(b) all drivers and passengers above the age of 12 whose 
height does not reach 1,5 metres; 
(c) pregnant women when provided with a medical 
certificate; such certificate must mention the expiry 
date of the derogation; 
(d) persons when provided by the competent authorities 
with an exemption certificate for serious medical 
reasons. 
The medical certificate referred to at (c) and (d) must be 
presented when required by an au >nzed person. 
Any such certificate granted by the competent authority 
in one Member State shall be valid in another Member 
State. 
Article 9 
Member States may grant derogations in addition to 
those provided for in Article 8 to: 
(a) taxi or private cab drivers when on duty; 
(b) delivery workers, when loading and unloading goods 
in sequence and in places located a short distance 
from each other; 
(c) emergency services. 
Article 10 
1. Member States shall, after consulting the 
Commission, bring into force the laws, regulations and 
administrative provisions which are necessary in order to 
comply with this Directive within 18 months of its notifi­
cation. They 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 are communicated to the 
Commission. 
Article 11 
This Directive is addressed to the Member States. 
(') OJ No L 42, 23. 2. 1970, p. 1.