IDOMMISSION OP THE EUROPEAN COMMUNITIES 
C0M(91) 243 final 
•rusttit, 4 July 1901 
Proposal for a 
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MEMBER STATES « ELATING TO ROADWORTHINESS TESTS 
FOR MOTOR VEHICLES AND THEIR TRAILERS 
(•RAKES) 
(orosontod toy tho CoaMiaaloa) 
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JEPtSHfltPiy Memoxsntiwi 
flfDtril CQWBJDlâ 
Actus! ?1 tmtlgn 
Diraetiva 77/143/EEC^>, aa amended by Direct!va t8/449/EEC<*>, 
concerns tha tachnlcal Inspection of heavy gooda vahiclaa, buaat, 
traliara, aemi-trailera, tax la, ambulances and light gooda vahiclaa. 
Thia Diraetiva aata tha frequency of taata and providaa a Mat of tha 
itama to ba taatad. 
Qivan that Directive 77/143/EEC doaa not aet atandard criteria for any 
of tha itama that ahould ba taatad, it ia thua naeaaaary to aat common 
minimum taat atandarda in order to guarantee an equal level of aafaty 
and environmental performance throughout tha Community. 
Directive 91/225/EEC<3> amending Directive 77/143/EEC, which waa 
recently adopted by tha Council, ia aimed at tha establishment of a 
procedure for tha announcement of eeparata Directivaa for taating the 
atandard of tha itama Mated in Annex M of Directive 77/143/EEC. It 
alao eatabllahea a Technical Committee which givaa tha Commieeion tha 
mandata to adopt meaeurea in ordar to adjuat tha technical 
requirementa to progreaa. 
In line with tha above, thia proposal amenda Annex ll to Diraetiva 
77/143/EEC aa amended by 88/449/IEC ao aa to batter define the itama 
of tha vahiela braking system that naad to be inspected together with 
oritari a (objective and subjective) on tha reaaons for fa Mura of 
those itama. 
(1) OJ No. L47, 18.02.1977, p. 47 
(2) OJ No. L222, 12.08.1988, p. 10 
(3) OJ NO. L103, 23.04.1991, p. 3 
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jgçQRft of thft proposai 
The scope of Directives 77/143/EEC aa amended by 88/449/EEC includea 
heavy and light commercial vehicles (aa well aa taxia and ambulances) 
but doea not include paeeenger cara. Paaaenger care are the aubjact of 
an amending propoaal C0M(86)214(4>. it ia the Commission's intention 
to pureue the amending proposal with the utmost urgency ao aa to 
ensure that ail vehicles, both paaaenger and commercial, are aubjact 
to the necessary roadworthiness checks. 
vehicles covered by the original Directive 77/143/EEC are eubject to a 
frequency of teat at one year after the date on which the vehicle was 
first used and there after annually (1,1,1,1 etc.). Vehicles subject 
to amending Directive 88/449/EEC (light vans) have a teating 
periodicity of four years after the date on which the vehicle wae 
first used, and thereafter every two years (4,2,2,2 etc.). The 
proposal C0M(86)214 would have passenger cara being firet teeted after 
3 years in operation, the next after 5 yeara and thereafter annually 
(3,2,1,1,1 etc.). 
Member states current roadworthineaa schemes largely encapaulate the 
items to be tested and their criteria for failure aa given in Annex 
il. However, for those Member statea that have yet to adopt 
roadworthineaa schemes for the lighter vehidea (both paeeenger and 
commercial), the technical annex will provide a formula for the 
minimum acceptable atandard in thia safety critical area. Tha aim 
being to give a reasonable aaauranca that vehicles, across tha 
Community, are maintained in an adequate road eafety condition. 
(4) OJ No. C 133, 31.05.1986. p. 3 
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PROPOSAL POR A 
COUNCIL DIRECTIVE 
AMENDING DIRECTIVE 77/143/EEC 
ON THE APPROXIMATION OF THE LAWS OF THE 
MEMBER STATES RELATING TO ROADWORTHINESS TESTS FOR 
MOTOR VEHICLES AND TNIIt TRAILERS 
^tPlPssmmmjisei-ee* / 
Tha Council of tha European Commun!tlee, 
having regard to tha Treaty establishing the European Economic 
Community and in particular Article 75 thereof, 
having regard to the proposal from the Commission*1>, 
having regard to the opinion of the European Part lament<2), 
having regard to the opinion of the Economic and Social Committee*3*; 
whereaa, Council Directive 77/143/EEC*4) aa amended by Directive 
88/449/EEC<&> provides for the regular roadworthineee testing of 
certain road vehiclee only (buses, heavy and light gooda vehicles, 
heavy trailere and aemi trailere, taxi and ambulances) but not for 
passenger cara; 
whereaa, through Council Directive 9l/225/EEC<*>, It ia the intention 
to eetabiiah proceduree for the announcement of aeparate Directivee 
for teating the atandard of the Iteme Meted in Annex M of the above 
Directivee and alao to eetabiiah a Technical Committee which glvea the 
Commies ion the mandate to adopt maaauree in order to adjust the 
technical requiremonte to progress; 
(1) OJ N* C 
(2) OJ N" C 
(3) OJ N' C 
(4) OJ N' L 47, 18.02.1977, p. 47 
(5) OJ N* L 222, 12.08.1988, p. 10 
(6) OJ n' L 103. 23.04.1991, p. 3 
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whereas, all Member States have adopted procedurea for teating heavy 
commercial vehicles with regard to the condition of the braking 
system; 
whereaa, aeveral Member Statee have national rules for testing the 
lighter vehicles including paeeenger cara and that thoae rulee are 
commensurate with the acharne outlined in thia proposal; 
whereaa, assessment of the type approval procedurea for teating 
vehicle braking for all vehicle typee shows that the reproduction of 
those procedures within the roadworthineaa teet ie not real letic; 
whereas, standards that are dictated for in aervice teeting ehould 
focus on the maintenance condition of the vehicle, and thereby ite 
ability to meet type approval performance standards, during a 
relatively a imp la, quick and inexpenaive teat; 
whereas, at thia atage it ia not practical to aet vaiuea for the 
required braking efficiencies, air pressure settings and build up 
times, etc. given the variance in Member States teat equipments and 
procedures, the aim of brake performance teeting must be that a 
realistic judgement can be made at the time of teating that the 
vehicle, irreapectlve of ita laden condition within the bounde of ita 
groaa weighta, would be aafe on the road and that If taatad to tha 
technical requirements of the type approval braking Directive 
7i/320/EEC(7) aa amended then it would pass; 
whereaa, Member States may extend the ecope of the braking teat to 
include vehiclea or teat Items outside the acope of thia proposal; 
whereaa, Member statee may enhance the eeverity of the braking teet or 
increaae the frequency of teeting; 
Haa adopted thia Directive: 
(7) OJ. N# L 202. 6.09.1971, p. 37. 
* 6 • 
Art ici*, l 
Directive 77/143/EEC is hereby amended aa follows: 
1. Para. I of Annex 11 to Directive 77/143/EEC aa amended by Directive 
88/449/EEC, which concerna Braking Système ia raplaced by 
"I, BnKlng tvstwit 
The following iteme are to be included in the roadworthineaa 
teat of vehicle Braking Système. The vehicle will fail the teat 
if any of tha Mated defeeta to thoaa Iteme are detected. The 
teet reaulta achieved during the cheeke of the braking ayateme 
ahali be equivalent to the technical requlremente of the braking 
Directive 71/320/EEC.M 
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terns to be checked/tested Reasons for fa Mure 
1.1 Mechanical condition and 
operat ion 
1.11 Footbrake pedal pivot too tight 
bearing worn 
exceaaive wear/piay 
1.12 Pedal condition and travel 
of the brake operating device exceasive or insufficient 
rwr¥9 travel 
brake control not releaaing 
correctly 
anti ai ip provision on 
brake pedal missing, loose 
or worn smooth 
1.13 Vacuum pump or compressor 
and reservoirs time taken to build up air 
pressure/vacuum for the 
effective operation of the 
brakee la excessive 
insufficient air pressure/ 
vacuum to give aaaiatance 
for at leaat two applica­
tions of the brake after 
the warning device haa 
operated (or gauge 
ahowa unaafe reading) 
air leak causing a 
not Icable drop In preeaure 
or audible air leaka 
1.14 Low praeeure warning 
indicator or gauge malfunctioning or defective 
low preeeure indicator/ 
air preeeure gauge 
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1.15 Hand operated brake 
control valve cracked or damaged control, 
excessive wear 
malfunction of control 
valve 
control insecure on valve 
spindle or valve unit 
Inaecure 
connect lone loose or leak 
in aystem 
unaatiafactory operation 
1.16 Parking brake, lever control, 
parking brake ratchet parking brake ratchet not 
holding correctly 
exceeeive wear at lever 
pivot 
or ratchet mechanism 
exceeeive movement of lever 
indicating incorrect 
adjuatment 
1.17 Braking valvea (footvalvea, 
un loadere, governore, etc) damaged, exceeeive air 
leakage 
exceeeive dlacharge of oil 
from compressor 
inaecure/inadequate 
mounting 
dlacharge of hydraulic 
brake fluid 
1.18 Coup linge for trailer brakea defective (eolation tape or 
aelf eeallng valve 
inaecure/inadequate 
mounting 
exceeeive leaka 
. 9 « 
1.19 Energy etorage reeervoir or 
preeeure tank damaged, corroded, leaking 
drain device Inoperative 
Insecure/inadequate 
mounting 
1.20 Brake servo unite, maater 
cylinder (hydraulic eyetame) servo unit ia defective or 
Ineffective 
maater cylinder defective 
or leaking 
maater cylinder 
Ineecure 
Insufficient quantity of 
brake fluid 
master cylinder reeervoir 
cap miaeing 
brake fluid warning light 
illuminated or detective 
incorrect functioning of 
brake fluid level warning 
device 
1.21 Rigid brake pipee riek of failure or fracture 
leaka from pipea or 
connect lone to couplings 
damaged or exceeeively 
corroded 
mleplaced 
1.22 Flexible brake hoaes riak of failure or fracture 
damaged, chafing, brake 
hoaes too short, twlated 
leaka from hoaea or 
coup I Inge 
hoae bulging under preeeure 
porosity 
1.23 Brake cover Inge (linings 
pada) exceeeive wear 
(where vieible) 
contaminated (oil, greaae, 
etc) (where vieible) 
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1.24 Brake drume, brake diece exceeeive wear, exceeeive 
ecoring, cracka, inaecure 
or fractured 
contaminated (oil, greaae, 
etc) where vieible 
back plate ineecure 
1.25 Brake cablee, rode, 
Ievere, linkage cablee damaged, knotted 
exceeeively worn or 
corroded 
cable or rod joint insecure 
cable guide defective 
any restriction to free 
movement of the brake 
eyetem 
any abnormal movement of 
levers/rods/Ilnkage 
indicating 
maladjustment or excessive 
wear 
1.26 Brake actuatora (including 
apring brakes) or 
hydraulic wheel cytindere cracked or damaged 
leaking 
Ineecure/inadequate 
mounting 
exceeeively corroded 
exceeeive travel of 
operating piaton or 
diaphragm mechanism 
duet protection cover 
mieelng or exeeeively 
damaged 
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1.27 Load sensing valve defective linkage 
incorrect adjustment 
seized, not working 
missing 
1.28 Automatic alack adjuatere eel ted or abnormal movement 
Indicating exceeeive wear 
or wrong adjuatment 
defective 
1.29 Retarder eyetem (where 
fitted or required) ineecure connectors or 
mountings 
defective 
1.3 Service brake performance 
and efficiency 
1.31 Performance 
(progressively increased 
to maximum effort) little or no braking effort 
on one or more wheele 
braking effort from any 
wheel le leee than 70 X 
of the higheat recorded 
effort from another 
wheel on the same axle 
(where road teet necessary 
then vehicles deviation 
from a straight line on 
braking ia exceeeive) 
no gradual variation of 
brake effort (grabbing) 
abnormal time lag In brake 
operation at any wheel 
exceeeive fluctuation of 
brake effort due to ovallty 
of diece or drume 
1.32 Efficiency brakee inefficient, minimum 
performance not met 
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1.4 Secondary (emergency) brake 
performance and efficiency 
(if met by separate eyetem) 
1.41 Performance brake(e) inoperative on one 
side 
braking effort from any 
wheel ia leee than 70 X of 
the higheat recorded effort 
from another wheel on the 
same axle 
no gradual variation of 
efficiency (grabbing) 
automatic brake eyetem not 
working in the case of 
trailere 
1.42 Efficiency brake inefficient, minimum 
performance not met 
1.5 Parking brake performance 
and efficiency 
1.51 Performance brake inoperative on one 
eide 
1.52 Efficiency brake Inefficient, minimum 
performance not met 
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1.6 Retarder or exhaust brake 
system performance no gradual variation of 
efficiency (retarder) 
defective 
1.7 Anti-lock braking malfunction of the 
ant I-lock warning device 
defective 
• 1 *f -
Article 2 
1. Member States shall take the measures necessary to comply with this 
Directive before 1 January 1993. They shall forthwith inform the 
Commission thereof. 
2. When the Member States adopt the provisions referred to In 
paragraph 1, these shall contain a reference to thia Directive or 
ehall be accompanied by euch a reference at the time of their 
official publication. The form of this reference ehall be decided 
by the Member Statee. 
3. Member Statee ehall communicate to the Commission the provielona of 
national law which they adopt In the field governed by this 
Directive. 
Article 3 
Thle Directive le addressed to the Member States. 
Done at Bruaeele, For the Council 
The Preeldent 
Competitiveness and Employment Impact Statement 
I. What is the main reason for introduction this measure? 
It is recognised as being of vital importance that vehicles are 
maintained in such a condition so aa to eneure that they are 
safe and roadworthy. This proposal formaliaee the key iteme of 
the vehicles braking ayatem that need to be teeted and inspected 
giving criteria (both objective and aubjective) on the reasons 
for acceptance or failure of those itema. The proposal aims at 
gaining a reasonable assurance that vehiclea, across the 
Community, are maintained in an acceptable road aafety 
condit ion. 
Il• Features of the business in question 
All users of vehicles, the subject of Directive 77/143/EEC aa 
amended. Also, garages, technical serviced and agencies charged 
with vehicle roadworthiness testing. As things etand at the 
moment, only commercial vehicles, including taxis and ambulances 
are covered by roadworthiness Directives. The amendment to 
include passenger cars within a Community roadworthiness scheme 
remains on the table of the Council. Until this amendment is 
adopted this proposal on vehicle brake teating will not affect 
passenger cars nor those small businesses reeponeible for their 
operation and maintenance. 
Ml. What obligations does the measure impose direct I y pn ftuaJjMSS? 
Member States current roadworthiness schemee largely encapaulate 
the items to be tested and their criteria for failure aa given 
in Annex II. However, for those Member States that have yet to 
adopt roadworthiness schemes for the lighter vehiclee (both 
passenger and commercial), the technical Annex M will provide a 
formula for the minimum acceptable etandard in thia aafety 
critical area. However, as yet passenger cara will be unaffected 
by this proposal until they are included within the 
roadworthiness scheme. 
IV. What Indirect obligations are national, regional or local 
authorities URslY to Impose on business? 
Implementation of the obtigationa aa deecribed in ill. 
v. Are thgre any asocial provisions in rtapsct of SMS't? 
Where roadworthineee teeting ie delegated to private garagee it 
ia likely that the equipment and procedures that those garages 
adopt in teeting the vehiciee' brakee will be largely uneffected 
by thie propoeal. 
vi. What is the likely affection: 
«) The coffipstmvenaas ftt.fruainssa 
Thia propoeal will aqua Mae the conditione of competition by 
etandardiaing on the type of teet to be applied. 
b) fqiPlQvment 
Neutral 
vu. Have the relevant representative organisât lone freen consulted? 
All Member Statee roadworthineee teeting author it lee, the 
coordinating body of roadworthineea teeting agenciee (CITA), the 
European Garage Equipment association, major private teeting 
organisations, the European Motor Manufacturing induatry (CCMC 
and CLCA) and the European Freight Organiaations have been 
coneuited. 
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ISSN 0254-1475 
COM(91) 243 final 
DOCUMENTS 
EN 07 
Catalogue number : CB-CO-91-285-EN-C 
ISBN 92-77-73774-3 
Office for Official Publications of the European Communities 
L-2985 Luxembourg