Directive 2002/85/EC of the European Parliament and of the Council of 5 November 2002 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: 2002-11-05
Institutions: Council of the European Union, European Parliament
Subjects: approval, commercial vehicle, motor vehicle, road safety, speed control, vehicle parts

L 327/8

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Official Journal of the European Communities

4.12.2002

DIRECTIVE 2002/85/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 5 November 2002

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

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Having regard to the Treaty establishing the European Commu-
nity, and in particular Article 71 thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the Economic and Social
Committee (2),

Following consultation of the Committee of the Regions,

Acting in accordance with the procedure laid down in Article
251 of the Treaty (3),

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

Transport safety and environmental
issues connected
with transport are vital in ensuring sustainable mobility.

The use of speed limitation devices for heaviest-motor
vehicle categories has had a positive effect on the
improvement of road safety. It has also contributed to
environmental protection.

Council Directive 92/6/EEC (4) provides that, depending
on technical possibilities and experiences in Member
States, the requirements on installation and use of speed
limitation devices could subsequently be extended to
light goods vehicles.

The extension of the scope of Directive 92/6/EEC to
vehicles of more than 3,5 tonnes designed for trans-
porting goods or passengers was one of the measures
advocated by the Council in its resolution of 26 June
2000 on the improvement of road safety (5), in accor-
dance with the Commission communication of 20
March 2000 on priorities in EU road safety.

The scope of Directive 92/6/EEC should be extended to
motor vehicles of category M2, to vehicles of category
M3 having a maximum mass of more than 5 tonnes but
not exceeding 10 tonnes and to vehicles of category N2.

Since the objectives of the proposed action, namely the
introduction of modifications to the Community-wide
arrangements for the installation and use of speed limita-
tion devices on certain heavy vehicle categories, cannot
be sufficiently achieved by the Member States and can
therefore, by reason of the scale or effects of the action,
be better achieved at Community level, the Community
may adopt measures, in accordance with the principle of

(1) OJ C 270 E, 25.9.2001, p. 77.
(2) OJ C 48, 21.2.2002, p. 47.
(3) Opinion of the European Parliament of 7 February 2002 (not yet
published in the Official Journal), Council Common Position of 25
June 2002 (OJ C 228 E, 25.9.2002, p. 14) and decision of the
European Parliament of 24 September 2002 (not yet published in
the Official Journal).
(4) OJ L 57, 2.3.1992, p. 27.
(5) OJ C 218, 31.7.2000, p. 1.

subsidiarity as set out in Article 5 of the Treaty.
In
accordance with the principle of proportionality, as set
out in that Article, this Directive does not go beyond
what is necessary to achieve those objectives.

(7)

Directive 92/6/EEC should therefore be
accordingly,

amended

HAVE ADOPTED THIS DIRECTIVE:

Article 1

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

1. Articles 1 to 5 shall be replaced by the following:

‘Article 1

For the purposes of this Directive, “motor vehicle” 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 defined in Annex II to Directive 70/156/EEC (*).

Article 2

Member States shall take the necessary measures to ensure
that motor vehicles of categories M2 and M3 referred to in
Article 1 may be used on the road only if equipped with a
speed limitation device set in such a way that their speed
cannot exceed 100 kilometres per hour.

Category M3 vehicles registered before 1 January 2005 with
a maximum mass exceeding 10 tonnes may continue to be
equipped with devices on which the maximum speed is set
at 100 kilometres per hour.

Article 3

1. Member States shall take the necessary measures to
ensure that motor vehicles of categories N2 and N3 may be
used on the road only if equipped with a speed limitation
device set in such a way that their speed cannot exceed 90
kilometres per hour.

2. Member States shall be authorised to require that the
speed limitation device in vehicles registered in their terri-
tory and used exclusively for the transport of dangerous
goods is set in such a way that those vehicles cannot exceed
a maximum speed of less than 90 kilometres per hour.

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Article 4

1.
For motor vehicles of category M3 having a maximum
mass of more than 10 tonnes and motor vehicles of cate-
gory N3, Articles 2 and 3 shall be applied:
(a) to vehicles registered as from 1 January 1994, from 1

January 1994;

(b) to vehicles registered between 1 January 1988 and 1

January 1994:
(i) from 1 January 1995, in the case of vehicles used

for both national and international transport;

(ii) from 1 January 1996, in the case of vehicles used

exclusively for national transport.

For motor vehicles of category M2, vehicles of cate-
2.
gory M3 having a maximum mass of more than 5 tonnes
but not exceeding 10 tonnes and vehicles of category N2,
Articles 2 and 3 shall apply at the latest:
(a) to vehicles registered as from 1 January 2005;

(b) to vehicles complying with the limit values set out in
Directive 88/77/EEC (**) registered between 1 October
2001 and 1 January 2005:
(i) from 1 January 2006 in the case of vehicles used for
both national and international transport operations;
(ii) from 1 January 2007 in the case of vehicles used

solely for national transport operations.

3.
For a period of no more than three years from 1
January 2005, any Member State may exempt from the
provisions of Articles 2 and 3 category M2 vehicles and
category N2 vehicles with a maximum mass of more than
3,5 tonnes but not exceeding 7,5 tonnes, registered in the
national register and not
travelling on the territory of
another Member State.

Article 5

1.
The speed limitation devices referred to in Articles 2
and 3 must satisfy the technical requirements laid down in
the Annex to Directive 92/24/EEC (***). However, all vehi-
cles covered by this Directive and registered before 1
January 2005 may continue to be equipped with speed
limitation devices which satisfy the technical requirements
laid down by the competent national authorities.

Speed limitation devices shall be installed by work-

2.
shops or bodies approved by the Member States.

(*) Council Directive 70/156/EEC of 6 February 1970 on
the approximation of the laws of the Member States
relating to the type-approval of motor vehicles and their
trailers (OJ L 42, 23.2.1970, p. 1). Directive as last
amended by Commission Directive 2001/116/EC (OJ L
18, 21.1.2002, p. 1).

(**) Council Directive 88/77/EEC of 3 December 1987 on
the approximation of the laws of the Member States
relating to the measures to be taken against the emis-
sion of gaseous pollutants from diesel engines for use
in vehicles (OJ L 36, 9.2.1988, p. 33). Directive as last
amended by Commission Directive 2001/27/EC (OJ L
107, 18.4.2001, p. 10).

(***) Council Directive 92/24/EEC of 31 March 1992
relating to speed limitation devices or similar speed
limitation on-board systems of certain categories of
motor vehicles (OJ L 129, 14.5.1992, p. 154).’

2. The following Article shall be inserted:

‘Article 6a

As part of the road safety action programme for the period
2002 to 2010, the Commission shall assess the road safety
and road traffic implications of adjusting the speed limita-
tion devices used by category M2 vehicles and by category
N2 vehicles with a maximum mass of 7,5 tonnes or less to
the speeds laid down by this Directive.

If necessary,
proposals.’

the Commission shall

submit appropriate

Article 2

Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this Direc-
tive by 1 January 2005 at the latest. They shall forthwith
inform the Commission thereof.

When Member States adopt these measures, they shall contain
a reference to this Directive or shall be accompanied by such
reference on the occasion of their official publication. The
methods of making such reference shall be laid down by
Member States.

Article 3

This Directive shall enter into force on the day of its publica-
tion in the Official Journal of the European Communities.

This Directive is addressed to the Member States.

Article 4

Done at Brussels, 5 November 2002.

For the European Parliament

For the Council

The President

P. COX

The President

T. PEDERSEN