Amendment to the Proposal for a COUNCIL DIRECTIVE amending Directive 85/3/EEC on the weights, dimensions and certain other technical characteristics of certain road vehicles
Date: 1991-11-13
Institutions: European Commission
Subjects: road transport, standard, vehicle, weight and size

COMMISSION OF THE EUROPEAN  COMMUNITIES 

C0M(91) 417 final 

Brussels,  13 November  1991 

Amendment  to the Proposal  for a 

COUNCIL  DIRECTIVE 

amending  Directive 85/3/EEC on  the weights, 
dimensions and certain other  technical  characteristics 
of certain  road  vehicles 

(presented  by  the Commission  pursuant  to Article  149(3) 
of  the  EEC-Treaty) 

z 

Explanatory  Memorandum 

Background: 

The  Commission's  proposal  C0M(90)486  <1>  amending  Directive  85/3/EEC 

concerns  the  technical  requirements  that  should  be met  in order  that a 

heavy goods vehicle or public service vehicle  that  first  enters  service 

after  1 January  1993 may operate  at  a drive  axle weight  exceeding  10.5 

tonnes  up  to a maximum  permitted  weight  of  11.5  tonnes or  in  the  case 

of  a  tandem  drive  axle  at  a  weight  above  18  tonnes  up  to  a  maximum 

permitted weight  of  19 tonnes. Those  technical  requirements  are defined 

in Annex  III  to  the  proposed  Directive  and,  in essence  would  require 

the  use  of  twin  tyres,  air  suspension  or  its  equivalent.  The 

equivalence  of  air  suspension  along  with  appropriate  test  procedures 

are  defined. 

Both  ESC  <2)  and  the  European  Parliament  <3>  proposed  amendments  to 

the proposal, those of  the European Parliament  are fully  taken on board 

in this amendment  and  in so doing many of  the amendments  tabled  by  ESC 

are  included. The  essence of  the amendments  accepted  by  the  Commission 

is as fol lows: 

(1)  OJ n* C 292, 22.11.1990, p.12 
(2)  Opinion of  the ESC 
(3)  Opinion of  the European Parliament 

a delayed  implementation date of  two years till  1 January  1995; 

permitting  tandem  drive  axles  to be used  at  a maximum  gross weight 

above  18 tonnes and up  to 19 tonnes without  the need  to comply  with 

the technical  requirements of Annex  III provided  the maximum  weight 

of either  axle does not  exceed 9.5  tonnes; 

permit  manufacturers  an  alternative  test  procedure  to  demonstrate 

the equivalence of  a suspension  system  to that of  air  suspension. 

It  is consequently  proposed  that  the proposal  for  Directive  be  amended 

along  those  Iines. 

V 

Amendment  to  the proposal  for  a Council  Directive 

amending  Directive 85/3/EEC on  the 

weights, dimensions  and  certain  other  technical  characteristics 

of  certain  road  vehicles 

The  proposal  from  the  Commission  forming  the  subject  of  document 
COM(90)486  final( 1)  is hereby  amended  as  follows. 

Initial 

text 

proposed 

by 

the 

Amended  Text 

Commission 

(Amendment  No.  1) 
ARTICLE  1  (1) 
Article  4(3)  (Directive  85/3/EEC) 

"3.For  vehicles  referred  to  in 

"3.  For  vehicles  referred  to  in 

Annex  I  which  are  first  put  into 

Annex  I  which  are  first  put  into 

circulation  from  January  1993  the 

circulation  from  January  1995  the 

provisions  of  Article  3(1)  shall 

provisions  of  Article  3(1)  shall 

apply  when  the drive  axle  is at  its 

apply  when  the  drive  axle  is  at  its 

maximum  authorized  weight  of  11.5 

maximum  authorized  weight  of  11.5 

tonnes  and  where  it  is  equipped 

tonnes  and  where  it  is equipped  with 

with  twin  tyres  and  air  suspension 

twin  tyres  and  air  suspension  or 

or  suspension  recognized  as  being 

suspension 

recognized 

as 

being 

equivalent  within  the  Community  as 

equivalent  within  the  Community  as 

defined 

in 

Annex 

III." 

defined 

In 

Annex 

III." 

(1) 

0J  N*  C  292, 22.11.1990, p. 12. 

J" 

Initial 

text 

proposed 

by 

the 

Amended  text 

Commission 

(Amendment  No. 2) 

ARTICLE  1(2) 

Annex  I, point  2.3.2. (Directive  85/3/EEC) 

2.3.2.  Three-axle motor  vehicles 

2.3.2.  Three-axle motor  vehicles 

-  25  tonnes 

-  25  tonnes 

-  26  tonnes  where  the  driving  axle 

-  26  tonnes  where  the  driving  axle 

is  fitted  with  twin  tyres  and  air 

is  fitted  with  twin  tyres  and  air 

suspension or  suspension  recognized 

suspension  or  suspension  recognized 

as  being  equivalent  within  the 

as  being  equivalent  within  the 

Community  as defined  in Annex  III. 

Community  as  defined  in  Annex  III. 

There  is no need  to demonstrate  such 

equivalence  for  tandem  axles  the 

heaviest  of  which  does  not  exceed 

9.5  tpnnes  In weight. 

initial 

text 

proposed 

by 

the 

Commission 

Amended  Text 

(Amendment  No.  3) 

ARTICLE  1(2) 

Annex  I, point  2.3.3.  (Directive  85/3/EEC) 

2.3.3.  Four-axle  motor 

vehicles 

2.3.3.  Four-axle 

motor 

vehicles 

with  two steering  axles 

with  two steering  axles 

-  32  tonnes  where  the  driving  axle 

-  32  tonnes  where  the  driving  axle 

is  fitted  with  twin  tyres  and  air 

is  fitted  with  twin  tyres  and  air 

suspension or  suspension  recognized 

suspension  or  suspension  recognized 

as  being  equivalent  within  the 

as  being  equivalent 

within 

the 

Community  as defined  in Annex  III. 

Community  as defined  in Annex  III. 

There  is no need  to demonstrate  such 

equivalence  for  tandem  axles  the 

heaviest  axle  of  which  does  not 

exceed  9.5  tonnes  in weight. 

Initial 

text  proposed  by  the 

Amended  text 

Commission 

] 

(Amendment  No. 4) 

ARTICLE  1(2) 

Annex  I, point  3.5.3.  (Directive 85/3/EEC) 

3.5.3.  1.3  m  or  greater  but  less 

3.5.3.  1.3  m  or  greater  but  less 

than  1.8  m  (1.3 m  <  d  <  1.8  m)  -

than  1.8 m  (1.3 m  { d <  1.8 m) - 18 

18 tonnes 

tonnes 

-  19  tonnes where  the  driving  axle 

-  19  tonnes  where  the  driving  axle 

is  fitted  with  twin  tyres  and  air 

is  fitted  with  twin  tyres  and  air 

suspension or  suspension recognized 

suspension  or suspension  recognized 

as  being  equivalent  within  the 

as  being  equivalent  within  the 

Community  as defined  in Annex  III. 

Community  as defined  in Annex  III. 

There  Is no need  to demonstrate  such 

equivalence  for  tandem  axles  the 

heaviest  axle  of  which  does  not 

exceed  9.5  tonnes  in weight. 

Initial 

text 

proposed 

by 

the 

Amended  text 

Commission 

(Amendment  No.  5) 
ARTICLE  2(1), first  subparagraph 

1.  The  Member  States  shall,  after 

1.  The  Member  States  shall,  after 

consultation  with  the  Commission, 

consultation  with  the  Commission, 

bring 

into 

force 

the 

laws, 

bring 

into 

force 

the 

laws, 

regulations 

and 

administrative 

regulations 

and 

administrative 

provisions  necessary  to comply  with 

provisions  necessary  to  comply  with 

this  Directive  not  later  than  1 

this  Directive  not  later  than  1 

January  1993. 

January  1995. 

Initial 

text 

proposed 

by 

the 

Amended  text 

Commission 

(Amendment  No.  6) 
ANNEX 

Annex 

, point  6  (ca)  (new)  (Directive  85/3/EEC) 

PX 

(ca)  be  tested  by  other  procedures 

where  their  équivalence  has 

been 

demonstrated 

by 

the 

constructor 

the 
satisfaction  of  the  technical 

to 

service. 

Remainder unchanged* 

Done at Brussels. 

For  the CounciI 

5 

<i o 

BSN 0254-1475 

COM(91)417final 

DOCUMENTS 

EN 

07 

Catalogue number : CB-CO-91-461-EN-C 

ISBN 92-77-76734-0 

Office for Official Publications of the European Communities 

L-2985 Luxembouig