17.11.  75 Official  Journal  of the European  Communities No C 263/57 
expedient  and  on the condition  that  a deadline  is 
fixed  after  which  total  harmonization  must  be 
applied. 
1.4. The  maximum  cylinder  capacity  and  design 
speed  have  been  selected  in the light  of the figures 
laid down  by the Commission  in its draft  Directive 
on mopeds  on which  the Committee  delivered  an 
Opinion  on 26 June  1973  (1). 45 km/h  and  50 cm3 
therefore  constitute  the dividing  line between  mopeds 
and motorcycles. 
1.5. But  although  the draft  Directives  on mopeds 
and motorcycles  inevitably  have  points  in common, 
they are distinct  instruments  and  can  therefore  be 
adopted  separately  by the Council  of Ministers. 156/EEC  on the type-approval  of motor  vehicles  (2), 
which  are defined  as four-wheeled  vehicles. 
1.7. The  Committee,  therefore,  asks  the 
Commission  to look  into  this  matter  and,  where 
appropriate,  submit  suitable  proposals. 
2. Specific  comments 
2.1. Article  8 
2.1.1.  The  procedure  laid  down  in Article  8 
should  be more  precisely  specified  and  in particular 
it should  be stipulated  what  number  of supposedly 
type-approved  motorcycles  have  to fail  to conform 
before  a Member  State  has  to take  'the  necessary 
measures  to ensure  that  the  production  models 
conform  to the approved  type'. 
2.1.2.  The  Committee  lays  great  stress  on this 
comment  which  it has already  made  in its Opinions 
on other  draft  Directives  without  obtaining  any 
tangible  results. 
1.6. Furthermore,  the Committee  notes  that  three-
wheeled  vehicles  having  an unladen  weight  exceeding 
400 kg fall  within  neither  the scope  of the present 
draft  Directive  nor that  of Council  Directive  No 70/ 
(*) OJ No C 100,  22. 11. 1973,  p. 10. Done  at Brussels,  25 June  1975. 
The Chairman 
of the Economic  and  Social  Committee 
Henri  CANONGE 
(2) OJ No L 42, 23. 2. 1970,  p. 1. 
Opinion  on the proposal  for a Council  Directive  on the approximation  of the laws 
of the Member  States  relating  to head  restraints  of seats  of motor  vehicles 
The text  referred  to the Committee  was  published  in Official  Journal  of the European 
Communities  No  C 82 of 14 April  1975,  page  74. 
A. LEGAL  BASIS  FOR  THE  OPINION 
On 14 January  1975,  the Council  referred  the abovementioned  proposal  to the Economic 
and Social  Committee  under  Article  100  of the  Treaty  establishing  the European 
Economic  Community. 
B. OPINION  OF THE  ECONOMIC  AND  SOCIAL  COMMITTEE 
The Economic  and  Social  Committee  drew  up its Opinion  at its 131st  plenary  session, 
held in Brussels  on 25 and 26 June  1975. 
The Opinion  is published  below. 
No C 263/58 Official  Journal  of the European  Communities 17.11.  75 
THE  ECONOMIC  AND  SOCIAL  COMMITTEE, 
Having  regard  to the request  on 16 January  1975,  by 
the Council  of the  European  Communities  for  an 
Opinion  on the proposal  for a Council  Directive  on 
the approximation  of the laws  of the Member  States 
relating  to head  restraints  of seats  of motor  vehicles; 
Having  regard  to  Article  100  of  the  Treaty 
establishing  the European  Economic  Community; 
Having  regard  to the  decision  taken  by its Bureau, 
entrusting  the  Section  for  Industry,  Commerce, 
Crafts  and  Services  with  the  preparation  of an 
Opinion  and  a report  on the  matter  (decision  of 
28 January  1975); 
Having  regard  to the  Opinion  delivered  by the 
Section  for Industry,  Commerce,  Crafts  and  Services 
at its meeting  on 4 June  1975; 
Having  regard  to the  report  submitted  by  Mr 
Masprone,  Rapporteur; 
Having  regard  to the  discussions  at its meeting  on 
25 June  1975  (131st  plenary  session  of 25 and 
26 June  1975), 
HAS  ADOPTED  THE  FOLLOWING  OPINION 
by a unanimous  vote: 
The Committee  approves  the proposal,  subject  to the 
following  comments: 
1. General  comments 
1.1. Road  accidents  surveys  have  shown  that  the 
proportion  of rear  collisions  is dependent  on vehicle 
usage.  It is noticeably  higher  in countries  where  the 
car is widely  used  in towns  than  it is in countries where  traffic  is mainly  concentrated  on  roads 
outside  urban  areas.  The  proliferation  of motorways 
equally  increases  the likelihood  of multiple  pile-ups, 
where  impact  from  the  rear  propels  a vehicle 
forward,  causing  it to collide  with  the  vehicle  in 
front  and  thus  creating  a rocking  motion  liable  to 
dislocate  the neck  and  fracture  the cervical  vertebrae. 
1.2. Nevertheless,  surveys  on  the  behaviour  of 
head  restraints  in accidents  do not suggest  that  these 
protective  devices  are  certain  to  prevent  the 
characteristic  injuries  generally  associated  by the 
public  with  their  absence. 
1.3. The  Commission,  taking  into  account  the 
survey  and  research  material  currently  available,  has 
decided  not  to prescribe  head  restraints  in all 
vehicles  presented  for EEC  type-approval.  The  case 
is less  strong  for head  restraints  in their  present  form 
than it is for safety  belts,  whose  effectiveness  is no 
longer  questioned  by anyone. 
1.4. The  Committee  shares  this  point  of view  but 
calls  on the  Commission  to push  ahead  with  its 
investigations  and  to present  relevant  proposals  as 
soon  as surveys  have  proved  the effectiveness  of head 
restraints  in the event  of rear-impact  accidents. 
1.5. For  the  time  being,  however,  measures, 
should  be taken  to ban  the  sale  and  use  of head 
restraints  which,  owing  to their  design  and  the way 
they are fixed  to the seats  of motor  vehicles,  provide 
no protection  against  rear-impact  accidents  and  are 
thus a completely  bogus  form  of user-protection. 
Done  at Brussels,  25 June  1975. 
The Chairman 
of the Economic  and  Social  Committee 
Henri  CANONGE 
Opinion  on the  proposal  for a Council  Directive  on the  approximation  of the  laws 
of the  Member  States  relating  to the  roll-over  protection  structures  of wheeled 
agricultural  or forestry  tractors 
The text  referred  to the Committee  was  published  in Official  Journal  of the European 
Communities  No  C 134  of 16 June  1975,  page  85.