Commission Directive 2004/86/EC of 5 July 2004 amending, for the purposes of adapting to technical progress, Council Directive 93/93/EEC on the masses and dimensions of two or three-wheel motor vehicles
Date: 2004-07-05
Institutions: European Commission
Subjects: Community certification, marketing standard, motor vehicle, two-wheeled vehicle, weight and size

L 236/12

EN

Official Journal of the European Union

7.7.2004

COMMISSION DIRECTIVE 2004/86/EC

of 5 July 2004

amending, for the purposes of adapting to technical progress, Council Directive 93/93/EEC on the
masses and dimensions of two or three-wheel motor vehicles

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(5)

in this Directive are in
The measures provided for
accordance with the opinion of the Committee for Adap-
tation to Technical Progress set up pursuant to Article 13
of Council Directive 70/156/EEC (3),

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Directive 93/93/EEC of 29 October
1993 on the masses and dimensions of two or three-wheel
motor vehicles (1), and in particular Article 3 thereof,

Having regard to Directive 2002/24/EC of
the European
Parliament and of the Council of 18 March 2002 relating to
the type-approval of two or three-wheel motor vehicles and
repealing Council Directive 92/61/EEC (2), and in particular
Article 17 thereof,

Whereas:

(1)

(2)

(3)

Directive 93/93/EEC is one of the separate directives in
the context of the Community type-approval procedure
according to Directive 2002/24/EC. The provisions of
Directive 2002/24/EC relating to systems, components
and separate technical units for vehicles therefore apply
to Directive 93/93/EEC.

type-approval system to
In order to enable the full
and
function properly,
supplement certain requirements in Directive 93/93/EEC.

is necessary

to clarify

it

To that end, it is necessary to specify that the masses of
exchangeable superstructures for quadricycles of cate-
gories L6e and L7e,
transportation of
goods, have to be considered as part of the payload
rather than included in the unladen mass.

intended for

(4)

Directive 93/93/EEC should therefore be
accordingly.

amended

HAS ADOPTED THIS DIRECTIVE:

Article 1

The Annex to Directive 93/93/EEC is amended in accordance
with the Annex to this Directive.

Article 2

1. With effect from 1 January 2005, in the case of two or
three-wheel motor vehicles whose masses and dimensions
comply with the requirements of Directive 93/93/EEC, as
amended by this Directive, Member States
shall not, on
grounds relating to the masses and dimensions:

(a) refuse,

in respect of such a vehicle to grant EC type-

approval or national type-approval; or

(b) prohibit the registration, sale or entry into service of such a

vehicle.

from 1 July 2005,

2. With effect
the requirements of
Directive 93/93/EEC, as amended by this Directive, are not
fulfilled for any new type of
three-wheel motor
vehicle, by reason of its masses or dimensions, Member States
shall refuse to grant EC type-approval.

two or

if

Article 3

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive by 31 December 2004 at
the latest. They shall
forthwith communicate to the Commission the text of those
provisions and a correlation table between those provisions and
this Directive.

When Member States adopt those 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.

(1) OJ L 311, 14.12.1993, p. 76. Directive as amended by Commission

Directive 2001/78/EC (OJ L 285, 29.10.2001, p. 1).

(2) OJ L 124, 9.5.2002, p. 1. Directive as last amended by Commission

Directive 2003/77/EC (OJ L 211, 21.8.2003, p. 24).

(3) OJ L 42, 23.2.1970, p. 1. Directive as last amended by Directive
2004/3/EC of the European Parliament and of the Council (OJ L 49,
19.2.2004, p. 36).

7.7.2004

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Official Journal of the European Union

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

Article 5

This Directive is addressed to the Member States.

Done at Brussels, 5 July 2004.

Article 4

This Directive shall enter into force on the 20th day following
its publication in the Official Journal of the European Union.

For the Commission

Erkki LIIKANEN
Member of the Commission

L 236/14

EN

Official Journal of the European Union

7.7.2004

Point 1.5 of the Annex to Directive 93/93/EEC is replaced by the following:

ANNEX

‘1.5.

“unladen mass” means the mass of vehicle ready for normal use and equipped as follows:
— additional equipment required solely for the normal use under consideration,
— complete electrical equipment, including the lighting and light-signalling devices supplied by the manu-

facturer,

— instruments and devices required by the laws under which the unladen mass of the vehicle has been

measured,

— the appropriate amounts of liquids in order to ensure the proper operation of all parts of the vehicle.

1.5.1. In the case of vehicles of categories L6e and L7e intended for carrying goods and designed to be equipped
with exchangeable superstructures, the total mass of these superstructures shall not be taken into account for
the calculation of the unladen mass and shall be considered to be part of the payload.

In this case, the following additional conditions shall be fulfilled:

(a) the basic type of vehicle (chassis cab), on which the abovementioned superstructures are designed to be
fitted, shall fulfil all the prescriptions established for category L6e and L7e quadricycles for transportation
of goods, (including the limit of 350 kg unladen mass for category L6e vehicles and the limit of 550 kg
unladen mass for category L7e vehicles);

(b) a superstructure is considered to be exchangeable if it can be easily removed from the chassis cab without

the use of tools;

(c) as far as the superstructure is concerned, the vehicle manufacturer shall provide in the information
document, a model of which is set out in Annex II to Directive 2002/24/EC, the maximum permitted
dimensions, the mass, the limits for the position of the centre of gravity and a drawing with the position
of fixing devices.

NB: the fuel and the fuel/oil mixture are not included in the measurement, but components such as the battery acid,

the hydraulic fluid, the coolant and the engine oil must be included.’.