PROPOSAL FOR A COUNCIL DIRECTIVE ON THE INSTALLATION AND USE OF SPEED LIMITATION DEVICES FOR CERTAIN CATEGORIES OF MOTOR VEHICLES IN THE COMMUNITY
Date: 1991-07-30
Institutions: European Commission
Subjects: commercial vehicle, motor vehicle, road transport, speed control, vehicle parts

COMMISSION OF THE EUROPEAN  COMMUNITIES 

COM(91) 291 final 

Brussels, 30  July 1991 

!*2fe>*"; 

on the  installation and use of speed  limitation devices 

for certain categories of motor  vehicles  in the Community 

Proposal  for a 

COUNCIL DIRECTIVE 

(presented  by the Commission) 

-  2 -

EXPLANATORY  MEMORANDUM 

Introduct ion 

1.  The  underlying  proposal  for  a  Council  Directive  concerns  the 
harmonized  application  of  speed  limitation  devices  for  heavy 
goods  vehicles  and  buses  being  used  on  the  road 
in  the 
Community. 

2.  In  some  Member  States  (F  and  UK)  speed 

limitation  devices 
have  already  been  made  compulsory  for  certain  categories  of 
vehicles  whilst  in  other  Member  States  (e.g.  NL  and  UK)  an 
introduction  or  extension  of  such  an  obligation 
is  being 
considered. 

of 

for 

these 

national 

legislative 
limitation 

the 
measures 
Reasons 
road 
devices 
beneficial 
speed 
effects 
environment.  However,  as  these 
safety,  energy  consumption  and 
on  the  basis  of  different  set 
devices  are  currently  applied 
speeds  and  only  by  a  proportion  of  the  vehicles  of  the  same 
category  that  circulate  in  the  Community,  the  positive  impact 
is  reduced  and  the  conditions  of  competition  between  hauliers 
that  use  lorries  and  buses  with  or  without  these  devices  are 
distorted. 

are 
on 

Therefore,  a 
application  of 
most  involved  in 

Community 
harmonized 
speed  limitation  devices  on  vehicles  which  are 
international  transport  is justified. 

legislation 

aiming 

at 

a 

devices 

Talcing  into  account  cost  effectiveness,  availability  of  speed 
limitation 
of 
distortion  of  competition  in  transport  on  long  distances,  the 
proposal 
of 
is 
motorvehicles, 
Directive 
70/156/EEC<1>  : 

following 
Annex 

to 
defined 

limited 
as 

above-mentioned 

categories 

the 
in 

aspect 

the 

and 

to 

I 

- Category  M3: 

- Category N3: 

Vehicles 
passengers, 
seats 
in 
and 
having 
metric tonnes. 

used 

for 
comprising 

addition 

to 
maximum 

a 

the 
more 
the 
weight 

carriage 
than 
driver's 

exceeding 

of 
eight 
seat, 
5 

used 

Vehicles 
and 
metric tonnes. 

having 

a 

for 
maximum 

the 

carriage 

of 
exceeding 

goods 
12 

weight 

scope 

to 
vehicles  can  be  considered 

proposal 

the 

of 

A 
possible 
categories  of 
on the basis of  future experience. 

lighter  commercial 

extension 

the 

of 

(1)  OJ No L 42. 23.2.1970, p. 1. 

Other  related Commission  proposals 

3  -

Directive 

3.  On  16  January  1989  the  Commission 
harmonized 

Council 
categories  of  vehicles  that  are  used 
for 
(C0M(88)706). 
In  that 
and 
(urban, 
and 
differentiated  speeds are prescribed. 

proposal 
non-urban 

roads 

on 

limits 

adopted  a  proposal  for  a 
speed 
all 
on  the  road,  except  cars 
categories 
the  different 
of 
motorways) 

set 

for 

a 

Because  of  legal  objections  of  some  Member  States  as  regards 
aspects  of  road  safety, 
Community 
the  Council. 
adopted 
proposal 
that 
limits  which  were  proposed  are  now  the 
However,  the  speed 
basis 
speed 
for 
I imitation devices. 

legislation  on  behavioural 
now  not 

was  until 

harmonised 

proposed 

speeds 

the 

set 

for 

by 

4.  On  19  July  1991,  the  Commission  adopted  a  proposal 

laying 
down  the  technical  requirements  for  the  purpose  of  EEC  type 
certain 
approval 
devices 
categories 
(C0M(91)240). 

motorvehicles 

of 
these 

limitation 

equipped 

devices 

speed 

with 

and 

of 

of 

proposal 

adoption 

speed 
for 

of 
this 
type  approval 
limitation 

After 
harmonisation  of 
effect, 
introduced 
concerned 
would  sti 
vehicles 
I imitation 

total 
into 
be 
categories 
by  the  process  of  normal  replacement.  However,  this 
II  mean  a  long  period  with  only  a  part  of  the 
speed 
the 
of 
dev i ces. 

the 
comes 
gradually 
the 

and 
in  the  Community 

would 
of 

Community 

equipped 

vehicles 

category 

devices 

being 

when 

with 

same 

the 

passengers,  only 

the  same  set  speeds, 

in  International  transport  of 
It  is  obvious  that,  especially 
these 
goods  and 
for  all 
devices,  with 
users  and  enforcement  authorities.  Differences 
in  the  maximum 
speed  that  can  be  reached  by  the  motorvehicles  used  in  this 
and 
international 
provoke 
installed 
dev i ces. 

application 
is  acceptable 

manipulation 

competition 

frustration 

a  general 

transport 

the 
of 

disturb 

could 

the 

and 

of 

regards 

technical 

As 
makes 
full  reference  to  the  technical  requirements  as  laid  down  in 
the  type  approval  proposal  which  are  based  on  internationally 
agreed prescriptions and practice. 

the  underlying 

proposal 

aspects 

Influence  on  safety,  fuel  consumption,  environment 
economy 

and  transport 

5.  Speed 

- 

especially 

weather 
relation 
conditions  -  has  a  significant  effect  on  « accidents  and  their 
consequences. 
is 
seriousness 
general 
related  to high speed  for  the following  reasons: 

accidents 

traffic 

and 

the 

In 

of 

in 

to 

- 4 -

the  shorter  the  available  reaction 

The  faster  the  speed, 
tttie to avoid an accident. 
The faster  the speed, the  longer 
The 
differential  between  vehicles 
greater  the  impact. 
The  faster  the  speed,  the  greater  the  amount 
spray produced  and hence the greater obscuration. 

the braking  distance. 
greater 

fastor 

speed 

the 

or 

speed 
involved  in  an  accident  -  the 

the 

tho 

of  road  water 

of 

it 

and 

the 

now, 

until 

limited 

application 

Because 
figures  about  the  relation  between 
are 
devices 
road 
that 
Nevertheless, 
speeds  and 
speed  differentials  on 
goods  vehicles  and  buses  will  improve 
the 
consequences  of  accidents.  In  this  context  once  more 
clear 
limitation devices by  these vehicles. 

use  of  speed 
to 
difficult 
of 
reduction 
the  motorways 
traffic  flow 
situations 

safety 
obvious 

be  a  general 

I imitation 
provide. 
excessive 
heavy 
and  reduce 
the 
it  is 
speed 

significant 

dangerous 

the  aim 

potential 

use  of 

should 

number 

that 

and 

is 

of 

of 

6.  The 

consumption 
is  estimated 

speed 
fuel 
reduced 
limitation  devices 
to  be  between  5  and  15% 
(depending  on  current  speed  behaviour)  for  the  categories  of 
vehicles  to  which  the  proposal  applies  (M3  and 
N3).  These 
fleet  owners  that 
estimations  are  based  on  experiences  of 
on  a 
introduced 
voluntary basis. 

the  application  of 

limitation 

devices 

speed 

their 

fleet 

by 

to 

These  energy 
environment  and on  the economy of  transport. 

savings  have  beneficial 

side  effects 

in  the 

7.  The 

of 

production 
consumption  so  this 
CO 2  is  one  of  the 
effect.  Lower  speeds 
emission 
substances  that  causes  the  acid 
forests  in  large areas of Europe. 

nitrogen 

oxides 

of 

is  directly 

C02 
related 
emission  will  be  reduced 
substances  responsible  for 
outside  urban  areas  will  a 

(NOv).  NO, 
deposition 

is 
and 

the 

to 
fuel 
proportionally. 
the  greenhouse 
so  reduce  the 
one 
the 
of 
the  death  of 

8.  As 

regards 

the 
following  calculation  was  made  on  the  basis  of  investigations 
in the Netherlands: 

the  economy 

the  effect 

transport 

on 

of 

A  speed  limitation  device  has  a  cost  of  ca.  1000  ECU  if 
retrofitted on a heavy goods vehicle or a bus, 
The energy  savings can be estimated at  1500 ECU per  year, 
Because  of 
the  tyres 
year, 
In  general 
between veh 

the  equalized  speeds  during  driving  the  wear  of 
is  reduced  by  ca.  30%  which  saves  ca.  500  ECU  per 

,  no  real  time  differences  in  Journeys  were  noted 
icles with or without  a speed  limitation device. 

-  5 -

The  above  figures  show  that  a  speed  limitation  device  is  an 
investment  that  pays  off  within  a  year  so  retrofitting  can  be 
justified  for  most  heavy  goods  vehicles  and  buses  which  are 
in use. 

In  order  to  balance  cost  and  benefits  it  is  proposed  to  make 
limitation  devices  compulsory  for  M3  and 
the  use  of  speed 
N3 motorvehicles which are registered  after  1 January  1985. 

9.  Contents of  the proposal 

Article  1 

defines 
categories 
which  the proposal  applies. 

the 

of 

motorvehicles 

to 

Articles 2 and  3  lay 

down 
limitation 
(100 
km/h 
motorvehicles are used. 

the  obligation 
device 
and 

set  at 
80 

a 

to 

have 
harmonized 
if 

km/h) 

speed 
speeds 
these 

Article 4 

Article 5 

Articled 

to 

refers 
Directive 
speed  limitation devices. 

the 
concerning 

proposal 
EEC 

for 

a 

type 

approval 

Council 
of 

regulates 
proposed Directive. 

the 

possible 

exemptions 

to 

the 

sets  the  date  of  entry 
proposed Directive at  1 October  1992. 

into  force  of  the 

Proposal  for a 

COUNCIL piRECTiVg 

on  the  installation and use of  speed  limitation  devices 

for certain categories of motor  vehicles  in the  Community 

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*1), 

Having  regard  to the opinion of  the European  Par I lament(2*, 

Having  regard  to the opinion of  the Economic  and Social  Committee*3*, 

Whereas  one of  the objectives  of  a common  transport  policy  is  to  lay  down 

common  rules applicable  to  international  transport  within  the Community  and 

to facilitate  the circulation of  vehicles; 

Whereas  the growth of  road  traffic and  the resulting  increase  in danger  and 

nuisance  present  all  Member  States  with  road  safety  and  environmental 

problems of  a serious nature; 

Whereas  the  available  engine  power  for  heavy  goods  vehicles  and  buses 

needed  for  climbing  slopes  enables  them  to  be  driven  on  level  roads  at 

excessive  speeds  that  are  not  compatible  with  the  specifications  of  other 

components  of  these  vehicles,  such  as  brakes  and  tyres,  and  whereas  for 

that  reason  and  for  reasons  of  environmental  protection  in certain  Member 

States speed  I imitât ion devices were made compulsory  for  certain  categories 

of motor  vehicles; 

(1)  OJ  No C 
(2)  OJ  No C 
(3)  OJ  No C 

-  7  -

Directive 

(4),  [proposal 

Whereas  Council 
Commission 
C0M(91)  240]  provides  for  compulsory  installation  of  speed  limitation 
devices  for  the  purpose  of  EEC  type-approval  of  certain  categories  of  new 
motor  vehicles,  as  well  as  for  the  technical  specifications  for  EEC  type-
approval  of  such  devices; 

the 

of 

Whereas  the  beneficial  effects  of  speed  limitation  devices  on  the 
environment,  fuel  consumption  and  road  safety  should  be  enforced  by  a  more 
general  application  of  these  devices; 

Whereas  for  reasons  of  equal  conditions  of  competition  it  is  necessary  to 
complement  the  requirements  for  EEC  type-approval  of  new  motor  vehicles  by 
requirements  on  the  instaliation  and  use  of  speed  limitation  devices,  on 
the  basis  of  common  set  speeds,  for  all  motor  vehicles,  of  certain 
categories which  were  registered  from  a certain  date; 

Whereas,  as  a  first  step,  such  requirements  should  be  introduced  in  the 
case  only  of  the  heaviest  categories  of  motor  vehicles  which  are  most 
involved  in  international  transport  and  thereafter,  depending  on  technical 
possibilities  and  experiences  in  Member  States,  should  be  extended  to 
lighter  categories of  motor  vehicles, 

HAS ADOPTED THIS DIRECTIVE : 

Art I fill 1 

'•-.:,f;.-\..j. 

:• 

For  the  purposes  of  this Directive  'motor  vehicIV  means  any  power  driven 
vehicle  falling  within  one  of  the  categories  listed  below,  as  defined  in 
Annex  1  to Council  Directive  70/156/EEC<5>,  intended  for  use  on  the  road, 
having at  least  four  wheets and a maximum  design speed  exceeding  25 km/h. 

- 

Category M3: 

Vehicles used  for  the carriage of  passengers, 
comprising  more  than  eight  seats  in  addition 
to  the  driver's  seat,  and  having  a  maximum 

•••  • ^"'••> 

' «eight  exceeding 6 metric  tonnes. 

(4) 
(5) 

OJ  No  L 
OJ  No  L  42,  23.2.1970, p.  1. 

-  8  -

Category  N3: 

Vehicles  used  for  the  carriage  of  goods  and 

having  a  maximum  weight  exceeding  12 metric 

tonnes. 

Article  2 

Member  States  shall  ensure  that  motor  vehicles  of  the  category  M3,  which 

are  registered  in a Member  State  from  1 January  1985, shall  be used  on  the 

road  only  if  speed  limitation  devices  are  installed  for  which  the  maximum 

speed  is set  at  100 km/h. 

Article  3 

Member  States  shall  ensure  that  motor  vehicles  of  the  category  N3,  which 
are  registered  in  a  Member  State  from  1 January  1985,  shall  be  used  on 

the  road  only  if  speed  limitation  devices  are  installed  for  which  the 

maximum  speed  is set  at  80 km/h. 

Article  4 

Speed  limitation  devices  as  prescribed  in  Articles  2  and  3  shall  fulfil 

the  technical  specifications  as  laid  down  in  Directive 

[that  will  be 

adopted  on  the basis of  Commission  proposal  COM(91) 240]. 

Article  5 

1. 

The  requirements  of Articles 2 and  3 do not  apply  to : 

motor  vehicles  used  by  armed  forces, civil  defence,  fire services  and 

forces  responsible  for maintaining  public order; 

motor  vehicles  which  by  their  construction  cannot  drive  faster  than 

80 km/h.  for  category  N3  or  100 km/h.  for  category  M3; 

motor  vehicles only used  for  public  services  in urban  areas. 

- 9 -

2. 

Member  states  may,  after  having  obtained  prior  approval  of  the 

Commission, exempt other categories of vehicles from Articles 2 and 3. 

Article 6 

1. 

Member  States  shall  bring  into  force  the  provisions  necessary  to 

comply  with  this  Directive  before  1 October  1992. They  shall  immediately 

Inform the Commission thereof. 

When Member  States adopt  these provisions,  these shall  contain a reference 

to this Directive or shall  be accompanied  by such  reference at the time of 

their  official  publication.  The  procedure  for  such  reference  shall  be 

adopted by Member States. 

2. 

Member  States  shall  communicate  to  the  Commission  the  text  of  the 

provisions  of  national  law which  they  adopt  in  the  field  covered  by  this 

Directive. 

Article 7 

This Directive  is addressed  to the Member States. 

Done at Brussels, 

For the Council 

The President 

-  10 -

Competitiveness and Employment  Impact Statement 

I. 

What  is the main reason for  Introducing this measure? 

This  proposal  concerns  the  compulsory 
installation  and  use 
of  speed  limitation  devices,  set  at  harmonized  speeds  for 
heavy  goods  vehicles  above  12  tonnes  and  buses  above  5 
tonnes which were registered  after  1 January 1985. 

other 

Member 

As  these  devices  were  made  compulsory  in  some  Member  States 
and 
for 
reasons  of  road  safety,  environment  and  reduction  of  fuel 
is  needed  in 
consumption,  a  harmonisation 
order 
to  remove 
possible distortions of competition. 

increase  the  beneficial 

in  this  field 

effects  and 

introduction 

consider 

States 

the 

to 

II. 

Features of  the business  in question 

All enterprises which use these vehicles. 

III.  What 

obligations 

does 

this 

measure 

impose 

directly 

on 

business? 

and 

can 

are 

only 

buses 

devices 

vehicles 

installed.  This 

speed 
Heavy 
limitation 
new 
motorvehicles  of  these  categories  shall  be  bought  with  a 
speed  limitation  devices  and  that  these  devices  have  to  be 
retrofitted  on  those  vehicles  registered  after  1985.  Cost 
estimations  based  on  experiences  of  fleet  owners  show  that 
a  retrofitted  speed 
limitation  device  pays  off  within  a 
year because of  reduced  fuel consumption and wear of tyres. 

used 
implies 

if 
that 

be 

IV.  What 

indirect  obligations  are  national.  regional  or 

local 

authorities  likely to  impose on business? 

Implementation of  the obligations as described  in III. 

V. 

Are there any special  provisions  in respect  to SME's? 

None. 

VI. 

What  is the  likely effect on; 

a) The competitiveness of business 

internal 

The 
limitation 
these devices to all motorvehicles concerned. 

competitiveness  of  enterprises  using  speed 
prescribing 
equalized 

devices 

will 

by 

be 

b) Employment 

Neutral. 

11 -

Vil.  Have 

the 
consulted ? 

relevant 

representative 

organisations 

bem 

speed 

limits 

against 

haulage 

organisations 

Road 
measures 
are 
because  of  assumed  distortions  of  competition.  Thsy  do  not 
want 
speed 
10 km  between 
limitation 
the  legal  maximum  speed  limit  and  the  set  speed  of  the 
professional 
devices 
Unions 
drivers  to  be  stigmatized  as  the  ones  that  always  drive 
'loo 
meet 
fast.  Nevertheless, 
more acceptance. 

devices.  Moreover 

a  tolerance  of 

international 

regulation 

requested. 

enforced 

national 

means 

wi!i 

like 

not 

do 

an 

by 

be 

of 

to 

is 

ISSN 0254-1475 

COM (91) 291 final 

DOCUMENTS 

EN 

°7 

Catalogue number : CB-CO-91-347-EN-C 

ISBN 92-77-74844-3 

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