WRITTEN QUESTION P-1462/02

by Hans Karlsson (PSE) to the Commission

(22 May 2002)

Subject: Interpretation of directives on motorcycles

Problems have arisen in Sweden with the interpretation of directives concerning motorcycles, e.g. 92/61(1) and 97/24(2).

It is reasonable for anyone buying a motorcycle to be able to make certain modifications provided they have no adverse effect on safety or environmental features. Such changes may be made in order to adjust the motorcycle to the person's height, or be a matter of personal taste concerning characteristics, appearance and equipment.

In Sweden, the National Road Administration has issued instructions to the effect that vehicles must always comply 100 % with the requirements of the directives concerned. Directive 97/24, on the other hand, states that restrictions must be limited to tampering which significantly modifies the vehicle's performance and pollutant and noise emissions. The Swedish Motor Vehicle Inspection Company has also devised its own interpretation. A letter to its inspection stations states that, in practice, the directives mean that it is virtually impossible for an individual to make any substantial modifications to a vehicle and subsequently demonstrate compliance with the requirements of the directives.

In view of the above, will the Commission say what it means by significantly modifies the vehicle's performance?

If an individual modifies a vehicle, must a new type-approval be carried out?

If an individual modifies a vehicle by changing parts and components, must they be EC-approved or is it sufficient to fulfil the requirements of the directives?

(1) OJ L 225, 10.8.1992, p. 72.

(2) OJ L 226, 18.8.1997, p. 1.

Answer given by Mr Liikanen on behalf of the Commission

(10 June 2002)

Framework Directive 92/61/EEC of 30 June 1992 relating to the type-approval of two or three-wheel motor vehicles, and its separate directives, Directive 97/24/EC of the Parliament and of the Council of 17 June 1997 on certain components and characteristics of two or three-wheel motor vehicles being one of them, contain design and manufacturing requirements for two or three-wheel motor vehicles and components in order to ensure both the proper functioning of the internal market and a high standard of road safety and environmental and consumer protection.

To ensure that all types of the above mentioned vehicles and components marketed within the Community fulfill the requirements of the relevant directives they need to be type-approved by a responsible authority within one of the Member States.

In instances when a vehicle of a type that has been approved is modified subsequently by the owner or at the instigation of the owner, it is within the discretion exercised by the national authorities to determine if the original type-approval certificate is still valid or if a single vehicle approval is necessary.

All vehicles covered by the said directives and put into service within the Community need to be type-approved according to harmonized Community legislation or national requirements for single or small series approval.

Directive 97/24/EC contains in its Chapter 7 certain anti-tampering measures for two-wheel mopeds and motorcycles the aim of which is to prevent, as far as possible, unauthorized modifications which may prejudice safety, in particular by increasing vehicle performance and damage the environment. The purpose of these provisions is both to limit the possibilities for consumers to tamper with their vehicles and to increase the possibilities for law enforcement authorities to detect tampered vehicles. The Directive mentions measures concerning restrictions of the interchangability of non-identical parts between vehicles, modifications in the intake or exhaust system, the engine and/or the motor management. Modifications are e.g. not acceptable if they lead to an increase of the maximum power of a motorbike of more than 10 % or to an increase of the maximum speed of a moped by more than 5 kilometers per hour. Furthermore the maximum design speed or the maximum net engine power for each category concerned may not be exceeded at all.