Proposal for a Directive of the European Parliament and of the Council amending Council Directive 92/6/EEC on the installation and use of speed limitation devices for certain categories of motor vehicles in the Community
Date: 2001-06-14
Institutions: European Commission
Subjects: commercial vehicle, motor vehicle, road transport, speed control, vehicle parts

25.9.2001

EN

Official Journal of the European Communities

C 270 E/77

Proposal for a Directive of the European Parliament and of the Council amending Council
Directive 92/6/EEC on the installation and use of speed limitation devices for certain categories
of motor vehicles in the Community

(2001/C 270 E/06)

(Text with EEA relevance)

COM(2001) 318 final (cid:151) 2001/0135(COD)

(Submitted by the Commission on 14 June 2001)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 71 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of
Committee,

the Economic and Social

Having regard to the opinion of the Committee of the Regions,

Acting in accordance with the procedure laid down in Article
251 of the Treaty,

devices. In setting speed limitation devices, regard should
be had to the margins of technical accuracy which are
currently attainable, allowance being made for a degree
of measuring error.

(7) In accordance with the principles of

subsidiarity and
proportionality as set out in Article 5 of the Treaty, the
objectives of
this Directive, namely the introduction of
modifications to the Community-wide arrangements for
the installation and use of speed limitation devices on
certain heavy vehicle categories cannot be sufficiently
achieved by the Member States and can therefore, by
reason of the scale of the action, be better achieved by
the Community. This Directive confines
to the
minimum required in order to achieve those objectives
and does not go beyond what is necessary for that purpose.

itself

Whereas:

(8) Directive

92/6/EEC

should

therefore

be

amended

accordingly,

(1) Transport safety and environmental issues connected with

transport are vital in ensuring sustainable mobility.

(2) Speed limitation devices for heavy motor vehicle categories
have proven to have a positive effect both on transport
safety and environmental protection.

(3) Research results show that further improvement in these
areas will be achieved if the installation and use of speed
limitation devices is made mandatory as well for lighter
motor vehicle categories.

(4) In Council Directive 92/6/EEC it was

foreseen that
depending on technical possibilities and experiences in
Member States, the requirements on installation and use
of speed limitation devices could be extended to lighter
motor vehicle categories.

the European Parliament,

(5) In the Communication from the Commission to the
Council,
the Economic and
Social Committee and the Committee of the Regions on
priorities in EU road safety (1) the extension of the scope of
Directive 92/6/EEC towards lighter categories of motor
vehicles was stated as one of the priorities.

(6) The present
tolerance of

state of
less

technology permits a technical
speed limitation

than 5 km/h for

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Directive 92/6/EEC is hereby amended as follows:

1. Article 1 is replaced by the following:

(cid:145)Article 1

For the purpose of this Directive, (cid:147)motor vehicle(cid:148) means
any power-driven vehicle falling within category M2, M3,
N2 or N3, intended for use on the road and having at least
four wheels and a maximum design speed exceeding
25 km/h.

Categories M2, M3, N2 and N3 shall be understood to be
those
to Council Directive
defined
70/156/EEC (2).(cid:146)

in Annex

II

2. In Article 2 the words (cid:145)category M3(cid:146) are replaced by

(cid:145)categories M2 and M3(cid:146).

(1) COM(2000) 125 final of 17 March 2000, not yet published.

92/53/EEC (OJ L 225, 10.8.1992, p. 1).

(2) OJ L 42, 23.2.1970, p. 1, Annex II as laid down in Council Directive

C 270 E/78

EN

Official Journal of the European Communities

25.9.2001

3. Paragraph 1 of Article 3 is replaced by the following:

their

(cid:145)1. Member States shall take the necessary measures to
ensure that motor vehicles of categories N2 and N3 shall be
used on the road only if equipped with a device set in such
a way that
speed cannot exceed 90 km/h. The
maximum speed on this device shall be set at 85 km/h
the permitted
tolerance
when the
maximum of 5 km/h;
tolerance is less
if
than 5 km/h, the maximum speed on this device shall be
set at such value as shall ensure that the actual speed does
not exceed 90 km/h.(cid:146)

of
the technical

technical

is

4. Article 4 is replaced by the following:

(cid:145)Article 4

1.
Articles 2 and 3 shall be applicable to motor vehicles
of category M3 having a maximum weight exceeding 10
metric tonnes and to motor vehicles of category N3
registered as from 1 January 1994.

Articles 2 and 3 shall be applicable to other motor

2.
vehicles registered as from 1 January 2004.

3.
Articles 2 and 3 shall be applicable at the latest from
1 January 1995, to motor vehicles of category M3 having a
maximum weight exceeding 10 metric tonnes and to motor
vehicles of category N3 registered between 1 January 1988
and 1 January 1994.

4.
Articles 2 and 3 shall be applicable at the latest from
1 January 2005 to other motor vehicles registered between
1 January 2001 and 1 January 2004.

the latest

However, where vehicles are used exclusively for
5.
transport operations, Articles 2 and 3 may be
national
applied at
from 1 January 1996 as regards
motor vehicles of category M3 having a maximum weight
exceeding 10 metric tonnes and motor vehicles of category
N3, and from 1 January 2006 as regards other motor
vehicles.(cid:146)

Article 2

Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this
Directive by 1 January 2003 at
the latest. They shall
forthwith inform the Commission thereof.

When Member States adopt those provisions, they shall contain
a reference to this Directive or be accompanied by such a
their official publication.
reference on the occasion of
Member States shall determine how such reference is to be
made.

Article 3

This Directive shall enter into force on the twentieth day
following that of its publication in the Official Journal of the
European Communities.

Article 4

This Directive is addressed to the Member States.