Directive 2003/20/EC of the European Parliament and of the Council of 8 April 2003 amending Council Directive 91/671/EEC on the approximation of the laws of the Member States relating to compulsory use of safety belts in vehicles of less than 3,5 tonnes
Date: 2003-04-08
Institutions: Council of the European Union, European Parliament
Subjects: approximation of laws, common transport policy, motor vehicle, road safety, safety device

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Official Journal of the European Union

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DIRECTIVE 2003/20/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 8 April 2003

amending Council Directive 91/671/EEC on the approximation of the laws of the Member States
relating to compulsory use of safety belts in vehicles of less than 3,5 tonnes

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 71(1) thereof,

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

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

After consulting 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)

Article 153 of the Treaty requires in particular that, in
order to ensure a high level of consumer protection, the
Community shall contribute to protecting the health,
safety and economic interests of consumers.

In its Resolution of 13 March 1984 (4), the European
Parliament made the compulsory use of safety belts on
all roads, whether rural or urban, a priority measure. In
its Resolution of 18 February 1986 (5),
it stressed the
need to make the wearing of safety belts compulsory for
all passengers,
in public
service vehicles.

including children, except

Directive 91/671/EEC (6) provides for the compulsory
use of child restraints on seats fitted with safety belts.
That Directive does not specify the type of child-restraint
system that would be appropriate and allows for the
carriage of children without being restrained by an
appropriate child restraint where such a restraint
is
unavailable.

Greater stringency in the use of such systems is neces-
sary, thus moving closer to the principle of compulsory
use referred to in the second paragraph of Article 2 of
the Directive.

(1) OJ C 96 E, 27.3.2001, p. 330.
(2) OJ C 260, 17.9.2001, p. 30.
(3) Opinion of the European Parliament of 31 May 2001 (OJ C 47 E,
21.2.2002, p. 156), Council Common Position of 14 November
2002 (OJ C 299 E, 3.12.2002, p. 38) and Decision of the European
Parliament of 11 March 2003 (not yet published in the Official
Journal).

(4) OJ C 104, 16.4.1984, p. 38.
(5) OJ C 68, 24.3.1986, p. 35.
(6) OJ L 373, 31.12.1991, p. 26.

(5)

(6)

(7)

(8)

(9)

By Council Decision 97/836/EC (7),
the Community
acceded to the Agreement of
the United Nations
Economic Commission for Europe concerning the adop-
tion of uniform technical prescriptions for wheeled vehi-
cles, equipment and parts which can be fitted to and/or
be used on wheeled vehicles and the conditions for reci-
procal recognition of approvals granted on the basis of
these prescriptions.

the Community
By its accession to that Agreement,
acceded to a defined list of
regulations established
pursuant to that Agreement, including that concerning
the approval of restraining devices for child occupants
of power-driven vehicles (child restraints).

Although the number of children fatally injured in car
crashes is relatively small compared with child pedes-
trian or child cyclist fatalities, common child protection
rules need to be reinforced. In particular, research has
shown that
the use of child restraints can make a
substantial contribution to reducing the severity of
injury in the event of a crash and that the risk of a more
severe crash injury is higher for unrestrained children
than for restrained children.

Member States should nevertheless, with the Commis-
sion's agreement, be able to authorise certain exemptions
for transport in their territory in the case of very specific
situations; Member States should also take the necessary
steps in order to avoid abuse.

Since it is increasingly common for M2 and M3 vehicles
to be fitted with safety belts in accordance with Commis-
sion Directives 96/36/EC (8), 96/37/EC (9) and 96/38/
EC (10), it is reasonable that seated passengers should be
required to use them. Passengers in such vehicles should
be informed of the requirement to wear their safety belts
when the vehicle is in motion.

(7) OJ L 346, 17.12.1997, p. 78.
(8) Commission Directive 96/36/EC of 17 June 1996 adapting to tech-
nical progress Council Directive 77/541/EEC relating to safety belts
and restraint systems of motor vehicles (OJ L 178, 17.7.1996,
p. 15).

(9) Commission Directive 96/37/EC of 17 June 1996 adapting to tech-
nical progress Council Directive 74/408/EEC relating to the interior
fittings of motor vehicles (strength of seats and of their anchorages)
(OJ L 186, 25.7.1996, p. 28).

(10) Commission Directive 96/38/EC of 17 June 1996 adapting to tech-
nical progress Council Directive 76/115/EEC relating to anchorages
for motor vehicle safety belts (OJ L 187, 26.7.1996, p. 95).

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(10)

(11)

(12)

in view of

There are not at present any studies recognised at
Community level concerning the use of safety systems
by children under three years of age in M2 and M3
the importance of
vehicles. Accordingly,
protecting children against all
the
Commission should carry out such studies in order to
determine the most appropriate Community arrange-
ments to apply to children travelling in such vehicles.
Pending the completion of those studies, however, the
Member States should be allowed to choose the arrange-
ments to apply.

types of accident,

Technical developments are constantly taking place in
the field of safety systems; machinery for technical adap-
tation should therefore be established.

The measures necessary for the implementation of this
Directive should be adopted in accordance with Council
Decision 1999/468/EC of 28 June 1999 laying down
the procedures for the exercise of implementing powers
conferred on the Commission (1),

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Directive 91/671/EEC is hereby amended as follows:

1. the title shall be replaced by the following: ‘Council Direc-
tive of 16 December 1991 relating to the compulsory use
of safety belts and child-restraint systems in vehicles’;

2. Article 1 shall be replaced by the following:

(c) group I for children of a mass of from 9 kg to 18 kg;

(d) group II for children of a mass of from 15 kg to 25 kg;

(e) group III for children of a mass of

from 22 kg to

36 kg.

4.

Child restraints shall be subdivided into two classes:

(a) an integral class comprising a combination of straps or
flexible components with a securing buckle, adjusting
device, attachments and in some cases a supplementary
chair and/or impact shield, capable of being anchored
by means of its own integral strap or straps;

(b) a non-integral class that may comprise a partial restraint
which, when used in conjunction with an adult belt
which passes around the body of the child or restrains
the device in which the child is placed,
forms a
complete child-restraint system.

(*) 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 77/541/EEC of 28 June 1977 on the
approximation of
the Member States
the laws of
relating to safety belts and restraint systems of motor
vehicles (OJ L 220, 29.8.1977, p. 95). Directive as last
amended by Commission Directive 2000/3/EC (OJ L
53, 25.2.2000, p. 1).’;

3. Article 2 shall be replaced by the following:

‘Article 1

‘Article 2

1.
This Directive shall apply to all motor vehicles in cate-
gories M1, M2, M3, N1, N2 and N3 as defined in Annex II
to Directive 70/156/EEC (*), intended for use on the road,
having at least four wheels and a maximum design speed
exceeding 25 km/h.

2.

For the purposes of this Directive:

— the definitions of safety systems, including safety belts
and child restraints, with regard to vehicles in categories
M1 and N1, and of the components thereof shall be
those appearing in Annex I to Directive 77/541/EEC (**),

— “rearward-facing” shall mean facing in the direction
opposite to the normal direction of travel of the vehicle.

Child restraints

3.
groups”:

shall be classified in five “mass

(a) group 0 for children of a mass of less than 10 kg;

(b) group 0+ for children of a mass of less than 13 kg;

(1) OJ L 184, 17.7.1999, p. 23.

1. M1, N1, N2 and N3 vehicles:

(a)

(i) for M1, NI, N2 and N3 vehicles, Member States
shall require that all occupants of vehicles in use
shall use the safety systems provided.

Children less than 150 cm in height occupying M1,
N1, N2 and N3 vehicles fitted with safety systems
shall be restrained by an integral or non-integral
child-restraint system, within the meaning of Article
1(4)(a) and (b), suitable for the child's mass as
defined in Article 1(3);

in M1, N1, N2 and N3 vehicles that are not fitted
with safety systems:

— children under three years of age may not be

transported,

— without prejudice to point (ii), children aged
three and over and less than 150 cm in height
shall occupy a seat other than a front seat;

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(ii) Member States may allow, in their territory, chil-
dren of less than 150 cm in height and of at least
135 cm in height to be restrained by a safety belt
for adults. These height limits shall be re-examined
according to the procedure referred to in Article
7b(2);

(iii) Member States may, however, allow, in their terri-
tory, those children referred to in (i) and (ii) not to
be restrained by a child-restraint
system when
travelling in taxis. However, when the abovemen-
tioned children are travelling in taxis not fitted with
restraint systems they shall occupy a seat other than
a front seat;

(b) children may not be transported using a rearward-facing
child-restraint system in a passenger seat protected by a
front air bag, unless the air bag has been deactivated,
even in cases where the air bag is automatically deacti-
vated in a sufficient manner;

(c) where a child-restraint

shall be
approved to the standards of UN-ECE Regulation 44/03
or Directive 77/541/EEC, or any other subsequent adap-
tation thereto;

system is used,

it

(d) until 9 May 2008 Member States may permit the use of
child-restraint systems approved in accordance with the
national standards applicable in the Member State on
the date of installation of the restraint system or with
national standards equivalent to Regulation 44/03 of the
United Nations Economic Commission for Europe or
Directive 75/541/EEC.

5. Article 6 shall be replaced by the following:

‘Article 6

Member States may, for transport in their territory, with the
Commission's agreement, grant exemptions other than those
laid down in Article 5, in order:

— to take account of specific physical conditions, or parti-

cular circumstances of limited duration,

— to allow certain types of occupation to be carried out

effectively,

— to ensure that the police, security or emergency services

can perform their duties properly,

— where two child restraints are fitted in the rear of M1
and N1 vehicles and lack of space prevents the fitting of
a third, to allow a third child, aged three or over and less
than 150 cm in height, to be restrained by means of a
safety belt for adults,

— to allow children aged three and over to be restrained by
means of an adult safety belt, in seats other than the
front seats of M1 and N1 vehicles, for occasional trans-
port over a short distance when no child restraint or an
insufficient number of child restraints is available in the
vehicle,

— to take account of the specific conditions of use of M2
and M3 vehicles for local transport in urban and built-
up areas, or in which standing is allowed.’;

6. the following Articles shall be added:

2. M2 and M3 vehicles:

‘Article 6a

(a) Member States shall require that all occupants aged
three and over of M2 and M3 vehicles in use shall use
the safety systems provided while they are seated.

Child restraints shall be approved in accordance with
paragraph (1)(c) and (d);

(b) passengers in M2 and M3 vehicles shall be informed of
the requirement to wear safety belts whenever they are
seated and the vehicle is in motion. They shall be
informed in one or more of the following ways:

Member States may, with the Commission's agreement,
grant temporary exemptions, other than those provided for
in Articles 5 and 6,
in order that, subject to compliance
with the rules of the Member State concerned, for local
transport operations, particularly for school buses, a greater
number of seated children may be transported in M2 and
M3 vehicles than there are seats available fitted with safety
belts.

The period of validity of such exemptions, set by the
Member State, may not be more than five years from 9 May
2003.

— by the driver,

Article 6b

— by the conductor, courier or official designated as

group leader,

— by audio-visual means (e.g. video),

— by signs and/or the pictogram established by the
Member States in accordance with the Community
design in the Annex, prominently displayed at every
seating position.’;

4. Article 4 shall be deleted;

Member States may, for transport in their territory, grant
temporary exemptions, other than those provided for in
Articles 5 and 6, in order, subject to compliance with the
rules of the Member State concerned, to allow a greater
number of persons to be transported in seats other than the
front seats of M1 and N1 vehicles than there are seats avail-
able fitted with safety belts or restraint systems.

The period of validity of such exemptions, set by the
Member State, may not be more than six years from 9 May
2003’;

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7. the following Articles shall be added:

‘Article 7a

1.
To take account of technical progress, Articles 2 and 6
of this Directive may be adapted in accordance with the
procedure referred to in Article 7b(2).

2.
The Commission shall continue to carry out studies on
the safety systems most suitable for improving the protec-
tion of all passengers against all types of accident and shall
submit to the European Parliament and the Council a report
on the findings of those studies and on the application of
this Directive, particularly on the exemptions granted by
Member States pursuant to Article 6, in order to assess the
advisability of strengthening safety measures and the need
for greater harmonisation. Where appropriate, on the basis
of this report, the Commission shall submit appropriate
proposals.

Article 7b

1.

The Commission shall be assisted by a committee.

2. Where reference is made to this paragraph, Articles 5
and 7 of Decision 1999/468/EC (*) shall apply, having
regard to the provisions of Article 8 thereof.

The period laid down in Article 5(6) of Decision 1999/468/
EC shall be set at three months.

3.

The Committee shall adopt its rules of procedure.

Article 2

Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this Direc-
tive before 9 May 2006. 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 Union.

Article 4

This Directive is addressed to the Member States.

Done at Luxembourg, 8 April 2003.

(*) OJ L 184, 17.7.1999, p. 23.’;

8. the Annex appearing in the Annex to this Directive shall be

added.

For the European Parliament

The President

P. COX

For the Council

The President

G. DRYS

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ANNEX

‘ANNEX

COMMUNITY DESIGN FOR THE PICTOGRAM PROMINENTLY DISPLAYED AT EVERY SEATING POSITION
FITTED WITH A SAFETY BELT IN M2 AND M3 VEHICLES COVERED BY DIRECTIVE 91/671/EEC

(Colours: a white figure on a blue background)

’