Proposal for a Directive of the European Parliament and of the Council amending Council Directive 77/541/EEC on the approximation of the laws of the Member States relating to safety belts and restraint systems of motor vehicles
Date: 2003-06-20
Institutions: European Commission
Subjects: approximation of laws, motor vehicle, safety device, vehicle parts

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 20.06.2003
COM(2003)363 final

2003/0130 (COD)

Proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

amending Council Directive 77/541/EEC on the approximation of the laws of the
Member States relating to safety belts and restraint systems of motor vehicles

(presented by the Commission)

EXPLANATORY MEMORANDUM

1.

OBJECTIVE OF THE PROPOSAL

The Commission is proposing to amend three Directives with a view to imposing the
fitting of safety belts in all motor vehicles other than passenger cars 1.

Only  passenger  cars 2  are  currently  required  by  Community  laws  to  be  fitted  with
safety belts.

The  following  Directives  concern  the  installation  of  safety  belts  in  relation  to
vehicles :

– 

– 

– 

Council  Directive  77/541/EEC  of  28  June  1977 3,  as  last  amended  by
Commission  Directive  2000/3/EC 4,  on  the  approximation  of  the  laws  of  the
Member States relating to safety belts and restraint systems of motor vehicles;

Council  Directive  76/115/EEC  of  18  December  1975 5,  as  last  amended  by
Commission  Directive  96/38/EC 6,  on  the  approximation  of  the  laws  of  the
Member States relating to anchorages for motor-vehicles safety belts;

Council  Directive  74/408/EEC  of  22  July  1974 7,  as  last  amended  by
Commission Directive 96/37/EC 8, relating to motor vehicles with regard to the
seats, their anchorages and head restraints.

These  Directives  already  contain  all  the  necessary  technical  prescriptions  allowing
manufacturers  to  comply  with  relevant  installation  provisions.  Up  to  now,  these
Directives are not compulsory in the case of vehicles other than passenger cars and
Member States are free to decide of their implementation by national laws.

With  a  view  to  the  compulsory  installation  of  safety  belts  in  all  vehicles,  the
Commission is proposing to amend the three Directives simultaneously. Taking into
account  that  the  final  objective  of  the  proposed  action  is  to  improve  road  safety,  a
firm link has to be established between them. Consequently they should be adopted
at the same time and be implemented at the same date.

1

2

3

4

5

6

7

8

Are concerned : minibuses (category M2), buses and coaches (category M3), light-duty trucks (category
N1), medium and heavy-duty trucks (categories N2 and N3).
Category M1.
OJ L 220, 29.08.1977, p.95.
OJ L 53, 25.02.2000, p.1.
OJ L 24, 30.01.1976, p.6.
OJ L 187, 26.07.1996, p.95.
OJ L 221, 12.08.1974, p 1.
OJ L 186, 25.07.1996, p.28.

2

                                                
2.

LEGAL BASIS

The proposed amending directives are based on Article 95 of the Treaty establishing
the European Community. They are founded on the principle of total harmonisation,
the  purpose  of  which  is  to  replace  national  laws  and  procedures  that  are  liable  to
create barriers to the free movement of goods by a single, binding set of Community
rules and a single approval procedure.

In this particular case, the installation of seat belts in  vehicles other than passenger
cars  requires  that  manufacturers  develop  the  appropriate  technology  to  provide
occupants  with  the  highest  degree  of  protection.  Relevant  provisions  for  such
purposes are already present in the Community legislation.

In the interests of the good functioning of the internal market, these Directives must
be made compulsory within the Community and implemented at the same date. Only
such concerted action can contribute to ensure the proper functioning of the internal
market.

3.

BACKGROUND

Improving road safety is an important issue, which concerns every citizen within the
European  Union.  The  European  Parliament,  in  a  report  dated  9  December  2002,
considers that transport safety in Europe should be the top-priority and that measures
likely  to  contribute  to  reducing  road  deaths  and  serious  injuries  should  be
identified 9.

The Commission in its White Paper “European Transport Policy for 2010 – Time To
Decide” recalls indeed :

“The price paid for mobility in Europe is still far too high. Since 1970, for example,
more than 1.64 Mio of our citizens have been killed on the road […]. In 2000, road
accidents  killed  over  40 000  people  in  the  European  Union  and  injured  more  than
1.7 Mio […] One person in three will be injured in an accident at some point in their
lives.” 10

Amongst the measures envisaged by the Commission is included the extension of the
use  of  the  safety  belts,  where  fitted  in  vehicles.  Up  to  now,  the  compulsory  use  of
restraint  systems  is  required  in  light  vehicles,  where  fitted,  by  Council  Directive
91/671/EEC 11. Front and rear seats of vehicles  belonging to the  category  M1, front
seats of vehicles belonging to category N1 and certain M2 vehicles are concerned but
in no case, heavy vehicles.

9

10

11

Final report A5-0444/2002, 9.12.2002, p.14.
European Transport Policy for 2010 – Time To Decide COM(2001)370, page 65 –
http://europa.eu.int/comm/energy_transport.
OJ L 376, 31.12.1991, p.26.

3

                                                
The  European  Parliament  and  the  Council  are  in  the  process  of  adopting  an
amendment  to  Directive  91/671/EEC,  which  would  require  the  compulsory  use  of
safety belts in all vehicles where fitted.

To make these measures much more effective in terms of occupant protection, action
needs  to  be  undertaken  to  require  manufacturers  to  fit  seats  with  safety  belts  in  all
motor vehicles and in coaches more specifically.

Annually,  an  average  of  150  passengers  travelling  in  coaches  and  minibuses  are
killed and more than 30 000 persons are injured 12 in road accidents throughout the
European Union. The vast majority of these  fatalities occur  because  the  passengers
are violently thrown around within the confines of the vehicle or even more seriously
ejected from the vehicle through the broken windows. It is worth noting that most of
the coaches involved in an accident will finally overturn on their side.

A lot of studies have demonstrated over time that wearing a safety belt can contribute
to decrease significantly the number of people killed. In Sweden for example where
95% of passenger car occupants wear seat belt, half of all those killed in  accidents
were  not  wearing  their  seat  belt  at  the  time  of  the  accident 13.  In  cases  of  coaches,
many  fatally  injured  passengers  would  have  survived  accidents  if  they  had  been
provided with and were wearing safety belts.

Recent  improvements  in  passenger  car  safety  have  highlighted  the  lower  level  of
safety  in  other  categories  of  vehicles.  In  particular,  most  minibuses  and  coaches
either have no restraint system fitted or single lap belts that offer limited protection.
Tragic  accidents  have  led  growing  demand  world-wide  for  improvements  in
occupant protection for these vehicles.

A number of studies have been devoted to the protection of occupants of coaches and
minibuses  where  the  advantages  of  wearing  safety  belt  have  been  described.
However,  very  few  studies  are  available  in  respect  of  commercial  vehicles.  In
general, only the driver is present in the cabin, in contrast with the sixty passengers
of a coach. It is reasonable to expect that the compulsory fitting of safety belts will
help to protect drivers in case of accident.

Since 1998, Directive 70/156/EEC has been made compulsory for all new passenger
cars.  As  a  consequence,  they  have  to  fulfil  a  complete  list  of  compulsory
requirements  including  the  installation  of  safety  belts  and/or  restraint  systems  in
order to obtain an EC vehicle type-approval.

While  the  Commission  is  already  taking  the  necessary  steps  to  extend  the
Community vehicle type-approval to vehicle categories other than M1,it will not be
possible to implement it to commercial vehicles including buses and coaches, before
2007  on  a  compulsory  basis.  Therefore,  the  fitting  of  safety  belts  and/or  restraint
systems  could  only  be  imposed  earlier  through  the  compulsory  enforcement  of  the
separate directives covering that subject.

12

13

ECBOS, Enhanced Coach and Bus Occupant Safety - http ://www.dsd.at/data/home.htm
European Transport Policy for 2010 – Time To Decide” - COM(2001)370, p. 69.

4

                                                
4.

TECHNICAL ASPECTS

New  passenger  cars  have  to  comply  with  Council  Directives  77/541/EEC,
76/115/EEC and 74/408/EEC, which are included amongst the 56 separate Directives
listed in Annex IV to Directive 70/156/EEC.

The situation regarding vehicles other than passenger cars differs substantially. In so
far  as  no  Community  whole  vehicle  type-approval  procedure  has  yet  been
implemented  for  these  vehicles,  Member  States  may  decide  to  apply  or  not
Directives 77/541/EEC, 76/115/EEC and 74/408/EEC on a national basis.

As said earlier, for these categories of vehicles, the compulsory fitting of safety belts
may only be required by amending these three Directives.

Safety belt anchorages intended for heavy-duty vehicles including buses and coaches
cannot,  for  technical  reasons,  be  fixed  into  the  body  structure  of  the  vehicle,  as  is
usually  the  case  for  passenger  cars,  and  are  fixed  to  the  seats.  For  this  reason,
compliance  with  the  three  Directives  in  combination  is  required  since  safety  belts
and/or restraint systems have to be securely attached to reinforced and standardised
anchorages, installed in the vehicle in such a way as to allow the correct wearing of
the belts. Moreover, the forces exerted on the belt by the human body in the case of
an impact are transferred to the seat anchorages, reason why their strength should be
checked under combined loads.

In this respect, a majority of Member States have already enforced the installation of
seat belts in minibuses and coaches 14 as shown in the enclosed table.

Compliance  with  Directive  77/541/EEC  would  require  the  fitting  of  at  least  two-
point safety belts and energy absorbing seats for all seats on coaches above 5 tonnes,
three-point safety belts on all seats of minibuses of up to 3.5 tonnes, and either three-
point belts or two-point belts and energy absorbing seats for all coaches of between
3.5  and  5  tonnes.  Furthermore,  in  those  seating  positions  where  the  passenger  is
deemed to have a higher risk of injury (for example a seat with a fixed table in front
of it), three-point belts are compulsory.

Light-duty  trucks  of  up  to  3.5  tonnes  in  this  respect  are  very  similar  to  passenger
cars.  Therefore,  the  first  row  of  seating  positions  has  to  be  fitted  with  three-point
belts  with  retractor  mechanisms,  with  the  exception  of  the  central  seating  position,
which can be fitted with lap belts when there is no risk that the head of the  central
passenger may  enter into contact  with  the  windscreen.  Other  seating  positions  may
be fitted with two-point belts.

Medium- and heavy-duty trucks may be fitted with two- or three-point belts.

A  distinction  has  to  be  made  between  coaches  and  city  buses  (including  inter-city
buses, which  generally  use the same  seat  configuration  as  city  buses).  Modern  city
buses,  i.e.  low-floor  buses,  are  generally  designed  for  standing  passengers  with  a
limited  number  of  seats,  which  are  either  tip-up  seats,  for  which  no  safety  belt  is

14

Categories M2 and M3.

5

                                                
required,  or  looking  rearwards  or  even  side-facing  seats.  For  such  vehicles,  it  is
appropriate not to request the fitting of safety belts but to let Member States decide
their  individual  policy,  provided  that,  when  safety  belts  are  installed,  they  comply
with the technical requirements set out in the Community legislation.

To date, no safety belt was required in the case of side-facing seats. The Commission
is taking this opportunity to assess the possibility to make their fitting compulsory in
the case of side-facing seats. At the time of the discussions regarding  the  Directive
2001/85/EC 15  relating  to  safety  in  buses  and  coaches,  the  Commission  launched  a
study to determine which kind of safety belts could secure the passengers the most
efficiently. The findings drawn up by the consultant have led to the conclusion it is
preferable  to  ban  side-facing  seats  from  these  vehicles  with  the  exception  of  city
buses 16.

Finally, Directive 2001/85/EC has recently provided provisions to allow accessibility
for people with reduced mobility in buses and coaches. Some special devices, which
do not comply with the current provisions of Directive 77/541/EEC, will have to be
fitted to secure these people. Consequently, it is necessary that Member States may
continue to allow such devices on a national basis, as it was the case in the past.

5.

SUBSIDIARITY

The  principles  of  ‘subsidiarity’  and  ‘proportionality’  enshrined  in  Article 5  of  the
Treaty  establishing  the  European  Community  have  been  taken  into  account.  The
objective of this Directive, namely the increase in road safety and the  avoidance of
barriers to trade within the Community, cannot properly be attained by the Member
States due to the scale and impact of the action and may therefore be attained more
effectively at Community level. This Directive does not go beyond what is necessary
to reach that objective.

6.

INVOLVEMENT OF INTERESTED PARTIES

6.1.

Position of the Member States

Member  States  have  been  informed  of  the  content  of  these  proposals  via  the
Commission's Consultative  Group, the Motor Vehicle  Working  Group  –  MVWG  –
that  is  made  up  of  representatives  of  the  Member  States,  the  industry  and  non-
governmental  organisations.  The  majority  of  the  Member  States  is  supporting  the
proposals.

In preparing its proposals, the Commission took account of research work carried out
by the consultant relating to longitudinal seating arrangements in Buses and Coaches,
which concludes that “longitudinal seating should not be permitted in those classes

15

16

Directive 2001/85/EC of the European Parliament and of the Council of 20 November 2001 (OJ L 42,
13.2.2002, p.1).
Safety  Consideration  of  Longitudinal  Seating  Arrangements  in  Buses  and  Coaches  -  Results  of  an
-
Cranfield 
investigation 
http://europa.eu.int/comm/enterprise/automotive/index.htm.

conducted 

research 

Impact 

Centre 

2001) 

(July 

by 

6

                                                
of vehicles where standees are not allowed and should be permitted in those classes
of vehicles where standees are allowed subject to certain design considerations and
the nature of operation of the vehicle e.g. whether it is local service, city bus etc” 17 .

These conclusions were not contested by the Member States.

6.2.

Position of the non-governmental organisations

No  negative  opinion  has  been  expressed  by  representatives  of  non-governmental
organisations.  However  the  International  Road  Transport  Union  (IRU)  regrets  the
ban of  side-facing  seats  in  coaches, which would  imply  the  disappearance  of  ‘cosy
corners’ from luxury coaches.

6.3.

Position of the industry

In  so  far  as  the  technical  provisions  regarding  the  installation  of  safety  belts  in  all
categories  of  vehicles  are  included  in  Directives  77/541/EEC,  76/115/EEC  and
74/408/EEC,  they  have  already  been  transposed  in  the  national  legislation  of  the
Member States since 1st January 1997. All manufacturers have  therefore  developed
appropriate technical solutions to comply with those directives.

The  European  Automobile  Manufacturers  Association  has  not  raised  any  objection
with  respect  to  the  Commission’s  proposals.  However,  it  pleads  for  a  reasonable
period  of  time  allowing  the  technical  changes  to  be  taken  into  account  through
appropriate validation and to be integrated in  production schedules.  It also requests
that  it  be  possible  to  waive  some  provisions  of  these  directives  in  cases  of  small
series production.

7.

CONTENT OF THE PROPOSAL

The proposal contains two main articles.

7.1.

Article 1 : Amendment to Directive 77/541/EEC

Article  1  seeks  to  define  the  vehicles  of  category  M2  and  M3  taking  into  account
Directive 2001/85/EC on buses and coaches. This approach provides the appropriate
means  to  operate  a  distinction  between  city-buses,  inter-city  buses  and  travel
coaches.

A new Article is inserted in Directive 77/541/EEC to allow Member States to type-
approve  safety  belts  and  restraint  systems  that  cannot  fulfil  the  requirements  of
Directive 77/541/EEC due to their particular nature. An example of such could be a
‘special needs restraint’ intended for disabled people.

17

Safety Consideration of Longitudinal Seating Arrangements in Buses and Coaches, Executive Summary
page 4.

7

                                                
7.2.

Article 2 : Implementation

The proposed measures shall apply to new vehicles put on the market. It is proposed
that they apply  first to new types of vehicles and subsequently to existing  types, in
line with the accepted type-approval practice, as follows :

– 

– 

1st  July  2004 :  the  date  from  when  new  types  of  vehicles  belonging  to  the
concerned categories have to fulfil the requirements of the three Directives;

1st January  2006 :  the date  from when  all new vehicles  belonging to  existing
types have to comply with the three Directives.

8.

ECONOMIC ASPECTS : COST-BENEFIT ANALYSIS

8.1.

General

It  is  not  an  easy  task  to  work  out,  with  accuracy,  the  economic  costs,  which  the
measures  laid  down  in  the  proposed  amendments  to  Directives  77/541/EEC,
76/115/EEC and 74/408/EEC will impose on the construction of vehicles. A number
of different factors have to be taken into consideration and their influence is complex
to analyse.

Firstly,  it  should  be  underlined  that  since  1999  many  recent  vehicles  other  than
passenger  cars have  been fitted with safety  belts on  a  voluntary  basis,  the  result  of
which  is  a  lowering  of  the  contribution  required  from  industry.  However,  in  the
frame  of  the  present  appraisal,  it  has  been  considered  that  trucks  and  tractors  for
semi-trailers are fitted with safety belts, while coaches are only equipped where their
fitting is required by national legislation.

The  measures  envisaged  will  find  their  most  rewarding  application  when  used  in
these coaches which are designed to carry up to sixty seated passengers, depending
on the dimensions of the vehicle 18.

Available  data  from  ‘accidentology’  studies  show  that  the  number  of  fatalities  in
coach accidents is more important in the two following types of accident :

– 

– 

when the vehicle is involved in a frontal impact ;

when the vehicle overturns on its side due to a loss of steering control.

It is important that passengers are efficiently protected in both cases. Therefore, the
installation of safety belts implies that not only seats and seat fixations are properly
reinforced,  but  also  the  whole  vehicle  superstructure  in  order  to  withstand  the
increased kinetic energy forces during the roll-over due to the belted passengers. The
increase in kinetic energy amounts in this case to almost 50 %.

18

From 50 passenger for a 12 m coach to 70 passengers for 13.60 m coach.

8

                                                
In  many  cases,  it  will  be  necessary  to  re-design  the  whole  vehicle  with  a  view  to
better  distributing  the  energy  within  the  superstructure,  thus  avoiding  a  situation
where the deformation provides passengers with insufficient survival space.

In  respect  of  the  expected  benefits,  data  from  ‘accidentology’  studies  allow  an
assessment of the influence of the measures on the number of fatalities in the case of
ejection. However, it is difficult to predict whether the severity of injuries undergone
by  the  belted  passengers  when  impacting  the  internal  structures  will  decrease
significantly.  Moreover,  it  should  be  recalled  that  the  compulsory  fitting  of  safety
belts will not ensure that all passengers would use them permanently.

Considering  these  assumptions,  the  cost-benefit  analysis  could  definitely  only  be
seen as an indicative appraisal.

8.2.

Situation  of  commercial  vehicles  registration  within  the  European  Union  in
respect to the year 2000 19

The European industry is an important supplier of commercial  vehicles.  Due to the
continuous  favourable  economic  situation  within  the  EU,  the  demand  for  these
vehicles  is  very  high  and  there  is  no  sign  whatsoever  of  stagnation.  Most  of  the
registered vehicles are produced in the EU.

The  demand  in  commercial  vehicles  is  properly  measured  by  means  of  the
registration figures within the Member States.

In  respect  of  the  year  2000,  2 515 003  new  motor  vehicles  have  been  registered 20,
with the following breakdown :

– 

– 

– 

263 151 new heavy commercial motor vehicles over 16 tonnes;

391 756  new  medium  commercial  motor  vehicles  (from  3.5  tonnes  up  to  16
tonnes) ;

1 860 096 new light commercial motor vehicles (up to 3.5 tonnes).

Production  and  registration  in  respect  of  coaches  and  buses  amount  to  a  total  of,
respectively, :

– 

– 

36 593 new vehicles

28 407 new vehicles.

Regarding  those  countries  where  the  fitting  of  seat  belts  is  not  compulsory  by
national laws, and assuming that the demand in 2004 in those vehicles is kept at its
year 2000 level, it could be estimated that almost 3 500 new coaches would have to
be fitted with safety belts.

19

20

Year 2000 has been chosen as reference year for this appraisal for the reason that is the last providing
valuable statistical breakdown.
Source New commercial vehicles registrations - Press Release issued by ACEA on 27th February 2002

9

                                                
By comparing the situation of the fleet in Germany during the period of time 1989–
2001, it could be roughly estimated that 15 000 new coaches will be put into service
to replace end-of-life coaches, which were registered when fitting of safety belt was
not compulsory 21.

8.3.

Costs for the installation of safety belts in coaches

As said in the preamble, to install safety belts in a modern sixty passengers ‘upper-
deck coach’ would require a reinforced floor and a reinforced superstructure. These
reinforcements  would  be  necessary to ensure the  strength  of the seat anchorages  to
withstand the forces acting during an impact.

Where structural adaptations are necessary, a substantial price increase, evaluated at
€ 35 000  per  vehicle  22,  is  to  be  expected  but  where  no  structural  adaptations  are
necessary, the price rise could be estimated at € 1 800 per vehicle  23.

Assuming that 3 500 new vehicles would have to be fitted with safety belts and based
on an economic life-time of 10 years, it is estimated that total costs would amount to
about € 3,6 Mio a year.

This is to be compared to the € 15.4 Mio a year relating to the 15 000 new coaches,
replacing end-of-life coaches, which will be affected by seat belt installation required
by existing national laws.

8.4.

Costs for the installation of safety belts in other categories of vehicles

With respect to  the other categories of vehicle, an average of three safety belts  per
vehicle  would  be  necessary.  A  three-point  belt  with  retractor  costs  approximately
€ 70 and a two-point belt without retractor €  45. This would give an extra cost of up
to € 185 for one vehicle.

8.5.

Benefits

In  respect  of  coaches,  assuming  that  80 %  of  the  passengers  will  actually  wear  the
safety belt, it is reasonable to think that 120 passengers could presumably have their
life safe in road accidents.

Taking account that the economic societal benefit for saving one life is estimated to
€ 1 Mio  24, then the potential societal benefit would be € 120 Mio per year when all
coaches would have seat belt installed.

It  is  still  to  be  investigated  how  many  seriously  injured  persons  would  have  been
better  protected  if  they  were  wearing  a  safety  belt.  Up  to  now,  it  has  not  been
possible to find realistic studies on this question. But it is reasonable to think that a

21

22

23

24

This  figure  concerns  these  Member  States  where  the  fitting  of  safety  belts  is  required  by  national
legislation.
Figures provided by the Belgian Ministry of Communications and Infrastructure.
Figures provided by Irisbus Italy.
Source:  Directorate  General  Energy  &  Transport  -  Priorities  in  EU  road  safety  progress  report  and
ranking of actions COM(2000) 125 final.

10

                                                
significant  decrease  of  incidence  and  severity  of  occupants  injuries  and  social
suffering will result from the proposed measures.

9.

CONCLUSION

Keeping  occupants  within  an  overturning  coach  can  be  the  key  to  their  survival.
Generally, most of them who are ejected  will die of their injuries. Those occupants
that remain in the vehicles as they come to rest will generally survive.

Similarly, more and more heavy- and light-duty trucks are involved in road accidents
and a lot of occupants are killed because they were not belted due to the absence of
any restraint system in their vehicles.

Although  the  price  to  pay  by  society  may  seem  being  rather  high,  it  should  be
compared to the benefits in terms of reduction in injuries and deaths.

11

Fitting of safety belts in buses and coaches – Current overview of the situation within the European Union 25

Appendix

Member States

Category of
vehicle

M2 (1)
Class B

Class
A

Class
B

Class
I

Class
II

Class
III

M3

AUT

BEL

DAN

GER

GRE

ESP

FIN

FRA

IRL

IT

LUX

NED

POR

SWE

UK

X
(01/10/01)
(01/10/99)

X
(Beginning
2003)

X
(01/10/01)
(01/10/99)

X
(01/10/01)
(01/10/99)

X(2)
(.../…/80)

X
(…)

X
(01/10/01)
(01/10/99)

X
(01/10/01)
(01/10/99)

X
(01/01/92)
(cid:1)

X
(01/10/01)
(01/10/00)

(cid:1)

(cid:1)

(cid:1)

(cid:1)

X
(01/10/99)

X
(Beginning
2003)

X
(01/10/99)

X
(01/10/99)

(cid:1)

(cid:1)

(cid:1)

(cid:1)

(cid:1)

X
(01/10/99)

(cid:1)

(cid:1)

X
(01/10/99)

X
(Beginning
2003)

X
(01/10/99)

X
(01/10/99)

(cid:1)

(cid:1)

(cid:1)

(cid:1)

(cid:1)

(cid:1)

(cid:1)

(cid:1)

(cid:1)

(cid:1)

(cid:1)

(cid:1)

X
(01/10/99)

X
(01/10/99)

(cid:1)

(cid:1)

X
(01/10/99)

X(5)
(01/10/99)

X
(01/10/99)

X
(01/10/99)

(cid:1)

(cid:1)

(cid:1)

(cid:1)

(cid:1)

(cid:1)

X
(01/10/00)

(cid:1)

X(4)
(01/10/00)

X
(01/10/00)

(cid:1)

(cid:1)

(cid:1)

(cid:1)

(cid:1)

(cid:1)

X
(01/10/01)
(01/10/99)

X
(01/10/01)
(01/10/99)

X
(01/01/04)

X
(01/10/01)

(cid:1)

(cid:1)

(cid:1)

(cid:1)

X(3)
(01/10/99)

X
(1.10.99)

X
(01/01/04)

X
(01/10/01)

(cid:1)

(cid:1)

(cid:1)

X(3)
(01/10/99)

X
(01/10/99)

X
(01/01/04)

(cid:1)

(cid:1)

X
(01/10/99)

X
(01/10/99)

X
(01/01/04)

X
(01/10/01)

25

Information supplied by the Member States.

12

                                                
(cid:1): Optional
X : Mandatory (Date of enforcement)
(1) Dates depend on the maximum mass of the vehicle (First date<3.5 t - 2nd date > 3.5 t)
(2) Since 1980-for school buses for children up to 12 year
(3) X except buses that can be considered as having, special area for standing passengers
(4) X if the vehicle is classified interurban as regard the Italian legislation
(5) X except buses considered as urban buses and whose use is limited to urban areas.

13

2003/0130 (COD)

Proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

amending Council Directive 77/541/EEC on the approximation of the laws of the
Member States relating to safety belts and restraint systems of motor vehicles

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the Commission 26,

Having regard to the opinion of the European Economic and Social Committee 27,

Having regard to the opinion of the Committee of the Regions 28,

Acting in accordance with the procedure referred to in Article 251 of the Treaty 29,

Whereas :

(1)

(2)

(3)

Research has shown that the use of safety belts and restraint systems can contribute to
a substantial reduction in the number of fatalities and the severity of injury in the event
of  an  accident,  even  due  to  rollover.  Their  fitting  in  all  categories  of  vehicles  will
certainly constitute an important step forward to provide an increase in road safety and
a consequent saving of lives.

A substantial benefit to society can be accrued if all vehicles are provided with safety
belts.

In its resolution of 18 February 1986 on common measures to reduce road accidents,
as  part  of  the  Community’s  programme  for  road  safety 30,  the  European  Parliament
stressed the need for making the wearing of safety belts compulsory for all passengers,
including children, except in public service vehicles. Therefore, a distinction has to be
made  between  public  service  buses  and  other  vehicles  as  regards  the  compulsory
installation of safety belts and/or restraint systems.

26

27

28

29

30

OJ C[……],[……],p.[……].
OJ C[……],[……],p.[……].
OJ C[……],[……],p.[……].
OJ
OJ C 68, 24.3.1986, p.35.

14

                                                
(4)

(5)

(6)

(7)

(8)

Pursuant to 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 31,  as  last  amended  by  Commission  Directive  2001/116/EC 32,  the
Community type-approval system has only been implemented for all new vehicles of
category M1 from 1 January 1998. Consequently, only these vehicles have to be fitted
with  safety  belts  and/or  restraint  systems  fulfilling  the  provisions  of  Directive
77/541/EEC of 28 June 1977 on the approximation of the laws of the Member States
relating to safety belts and restraint systems of motor vehicles 33, as last amended by
Commission Directive 2000/3/EC 34.

Until  the  Community  type-approval  system  is  extended  to  all  categories  of  vehicles,
the  installation  of  safety  belts  and/or  restraint  systems  should  be  required  in  the
interests of road safety in vehicles belonging to categories other than M1.

Directive 77/541/EEC already provides for all technical and administrative provisions
allowing  the  type-approval  of  vehicles  of  categories  other  than  M1.  Therefore,  the
Member States do not need to introduce further provisions.

Since  the  entry  into  force  of  Commission  Directive  96/36/EC  of  17  June  1996
adapting  to  technical  progress  Council  Directive  77/541/EEC  relating  to  safety  belts
and restraint systems of motor vehicles 35, several Member States have already made
compulsory  the  provisions  contained  therein  in  respect  of  certain  categories  of
vehicles  other  than  M1.  Manufacturers  and  their  suppliers  have  thus  developed  the
appropriate technology.

Directive 2001/85/EC of the European Parliament and of the Council of 20 November
2001  relating  to  special  provisions  for  vehicles  used  for  the  carriage  of  passengers
comprising  more  than  eight  seats  in  addition  to  the  driver’s  seat,  and  amending
Directives 70/156/EEC and 97/27/EC 36 makes provision for allowing disabled people
or persons of reduced mobility to access more easily vehicles used for the carriage of
passengers comprising more than eight seats. It is necessary to allow Member States to
permit  the  installation  of  safety  belts  and/or  restraint  systems,  which  do  not  comply
with  the  technical  specifications  of  Directive  77/541/EEC,  but  were  specifically
designed for the purposes of securing those people in such vehicles.

(9)

Directive 77/541/EEC should be amended accordingly.

(10)

Since the objectives of the proposed action, namely the improvement of road safety by
the  introduction  of  the  compulsory  fitting  of  safety  belts  in  certain  categories  of
vehicles, cannot be sufficiently achieved by the Member States and can, therefore, by
reason  of  the  scale  of  the  action,  be  better  achieved  at  Community  level,  the
Community may adopt measures in accordance with the principle of subsidiarity as set
out in Article 5 of the Treaty. In accordance with the principle of proportionality,  as

31

32

33

34

35

36

OJ L 42, 23.2.1970, p.1.
OJ L 18, 21.1.2002, p.1.
OJ L 220, 29.08.1977, p.95.
OJ L 53, 25.02.2000, p.1.
OJ L 178, 17.7.1996, p.15.
OJ L 42, 13.2.2002, p. 1.

15

                                                
set  out  in  that  Article,  this  Directive  does  not  go  beyond  what  is  necessary  for  that
purpose,

HAVE ADOPTED THIS DIRECTIVE :

Article 1
Amendment to Directive 77/541/EEC

Directive 77/541/EEC is hereby amended as follows :

1.

The following Article 2a shall be inserted :

“Article 2a

1. Member States may, under national law, allow the installation of safety belts or
restraint systems other than those  covered by this Directive provided they are
intended for disabled people.

2. Member States may also exempt restrains systems designed to comply with the
provisions of  Annex VII  to  Directive  2001/85/EC from  the  provisions  of  this
Directive.

3.

The  safety  belts  or  restraint  systems  covered  in  paragraphs  1  and  2  shall  be
designed and constructed in order to provide at least the same level of safety as
the safety belts or restraint systems covered by this Directive.”

2.

In Article 9 the following paragraph shall be added :

“Vehicles of category M2 and M3 are subdivided in class as defined in section 2 of
Annex I to Directive 2001/85/EC of the European Parliament and of the Council *

______________________________

* OJ L 42, 13.2.2002, p. 1.”

3.

Annex I shall be amended as follows :

a)

b)

The footnote related to item 3.1. shall be deleted ;

Item 3.1.1. shall be replaced by the following :

“ 3.1.1. With the exception of folding seats as defined in item 1.9. of Annex I to
Directive  76/115/EEC  and  seating  intended  solely  for  use  when  the
vehicle is stationary, the seats of vehicles belonging to category M1, M2
and M3 of class III or B, and N shall be equipped with safety belts and/or
restraint systems conforming to the requirements of this Directive.

Class  I,  II  or  A  vehicles  belonging  to  category  M2  or  M3  may  be  fitted
with  safety  belts  and/or  restraint  systems,  provided  they  conform  to  the
requirements of this Directive.”

16

Article 2
Implementation

With  effect  from  [1  January  2004],  Member  States  shall  not  with  respect  to  the
installation of safety belts and/or the installation of restraint systems, which comply
with the requirements set out in Directive 77/541/EEC as amended by this Directive :

a)

refuse to grant EC type-approval, or national type-approval in respect of a type
of vehicle ;

b)

prohibit the registration, sale or entry into service of new vehicles.

With effect from [1 July 2004], with respect to the installation of safety belts and/or
the installation of restraint systems, which do not comply  with the requirements set
out in Directive  77/541/EEC as amended by  this Directive, Member  States  shall  in
respect of a new type of vehicle :

a)

b)

no longer grant EC type-approval ;

refuse to grant national type-approval.

With  effect  from  [1  January  2006],  with  respect  to  the  installation  of  safety  belts
and/or  the  installation  of  restraint  systems,  which  do  not  comply  with  the
requirements set out in Directive 77/541/EEC as amended by this Directive, Member
States shall :

a)

b)

consider certificates of conformity which accompany new vehicles as no longer
valid for the purpose of Article 7(1) of Directive 70/156/EEC ;

refuse the registration, sale or entry into service of new vehicles, except where
the provisions of Article 8(2) of Directive 70/156/EEC are invoked.

Article 3
Transposition

Member  States  shall  adopt  and  publish  the  laws,  regulations  and  administrative
provisions necessary to comply with this Directive before [……six months after  its
adoption]. They shall forthwith inform the Commission thereof.

They shall apply these provisions from [……six months after its adoption].

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

Member  States  shall  communicate  to  the  Commission  the  texts  of  the  main
provisions of national law, which they adopt in the field covered by this Directive.

1.

2.

3.

1.

2.

3.

4.

17

Article 4
Entry into force

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

Article 5
Addressees

This Directive is addressed to the Member States

Done at Brussels,

For the European Parliament
The President

For the Council
The President

18