Proposal for a Directive of the European Parliament and of the Council on the maximum design speed of and load platforms for wheeled agricultural or forestry tractors (Codified version)
Date: 2006-11-08
Institutions: European Commission
Subjects: approximation of laws, codification of EU law, marketing, speed control, technical regulations, tractor

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 8.11.2006 
COM(2006) 667 final 

2006/0219 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL  

on the maximum design speed of and load platforms for wheeled agricultural or forestry 
tractors 

(Codified version) 

(presented by the Commission) 

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1. 

2. 

3. 

4. 

EXPLANATORY MEMORANDUM 

In  the  context  of  a  people’s  Europe,  the  Commission  attaches  great  importance  to 
simplifying  and  clarifying  Community  law  so  as  to  make  it  clearer  and  more 
accessible to the ordinary citizen, thus giving him new opportunities and the chance 
to make use of the specific rights it gives him. 

This aim cannot be achieved so long as numerous provisions that have been amended 
several times, often quite substantially, remain scattered, so that they must be sought 
partly  in  the  original  instrument  and  partly  in  later  amending  ones.  Considerable 
research work, comparing many different instruments, is thus needed to identify the 
current rules. 

For  this  reason  a  codification  of  rules  that  have  frequently  been  amended  is  also 
essential if Community law is to be clear and transparent. 

On  1  April  1987  the  Commission  therefore  decided1  to  instruct  its  staff  that  all 
legislative acts should be codified after no more than ten amendments, stressing that 
this was a minimum requirement and that departments should endeavour to codify at 
even  shorter  intervals  the  texts  for  which  they  are  responsible,  to  ensure  that  the 
Community rules were clear and readily understandable. 

The  Conclusions  of 
the  Edinburgh  European  Council 
(December 1992) confirmed this2, stressing the importance of codification as it offers 
certainty as to the law applicable to a given matter at a given time. 

the  Presidency  of 

Codification  must  be  undertaken  in  full  compliance  with  the  normal  Community 
legislative procedure. 

Given  that  no  changes  of  substance  may  be  made  to  the  instruments  affected  by 
codification, the European Parliament, the Council and the Commission have agreed, 
by  an  interinstitutional  agreement  dated  20  December  1994,  that  an  accelerated 
procedure may be used for the fast-track adoption of codification instruments. 

The  purpose  of  this  proposal  is  to  undertake  the  codification  of  Council 
Directive 74/152/EEC  of  4  March  1974  on  the  approximation  of  the  laws  of  the 
Member  States  relating  to  the  maximum  design  speed  of  and  load  platforms  for 
wheeled  agricultural  or  forestry  tractors3.  The  new  Directive  will  supersede  the 
various acts incorporated in it4; this proposal fully preserves the content of the acts 
being  codified  and  hence  does  no  more  than  bring  them  together  with  only  such 
formal amendments as are required by the codification exercise itself. 

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2 
3 

4 

COM(87) 868 PV. 
See Annex 3 to Part A of these Conclusions. 
Carried out pursuant to the Communication from the Commission to the European Parliament and the 
Council – Codification of the Acquis communautaire, COM(2001) 645 final. 
Annex II, part A of this proposal. 

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5. 

The codification proposal was drawn up on the basis of a preliminary consolidation, 
in all official languages, of Directive 74/152/EEC and the instruments amending it, 
carried out by the Office of Official Publications of the European Communities, by 
means  of  a  data-processing  system.  Where  the  Articles  have  been  given  new 
numbers,  the  correlation  between  the  old  and  the  new  numbers  is  shown  in  a  table 
contained in Annex III to the codified Directive. 

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(cid:208) 74/152/EEC (adapted) 

2006/0219 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL  

on the maximum design speed of and load platforms for wheeled agricultural or forestry 
tractors 

(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, 

Having regard to the opinion of the European Economic and Social Committee1, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty2, 

Whereas: 

(1) 

(2) 

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2 
3 

4 
5 

(cid:208)  

Council Directive 74/152/EEC of 4 March 1974 on the approximation of the laws of 
the  Member  States  relating  to  the  maximum  design  speed  of  and  load  platforms  for 
wheeled  agricultural  or  forestry  tractors3  has  been  substantially  amended  several 
times4. In the interests of clarity and rationality the said Directive should be codified. 

for 

Directive  74/152/EEC  is  one  of  the  separate  Directives  of  the  EC  type-approval 
system  provided 
replaced  by 
Directive 2003/37/EC of the European Parliament and of the Council of 26 May 2003 
on type-approval of agricultural or forestry tractors, their trailers and interchangeable 
towed machinery, together with their systems, components and separate technical units 
and  repealing  Directive  74/150/EEC5  and 
technical  prescriptions 

in  Council  Directive  74/150/EEC  as 

lays  down 

[OJ C […], […], p. […]]. 
[OJ C […], […], p. […]]. 
OJ L 84, 28.3.1974, p. 33. Directive as last amended by Commission Directive 98/89/EC (OJ L 322, 
1.12.1998, p. 40). 
See Annex II, Part A. 
OJ L 171, 9.7.2003, p. 1. Directive as last amended by Commission Directive 2005/67/EC (OJ L 273, 
19.10.2005, p. 17). 

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concerning the design and construction of wheeled agricultural or forestry tractors as 
regards their maximum design speed and load platforms. These technical prescriptions 
concern  the  approximation  of  the  laws  of  the  Member  States  to  enable  the  EC 
type-approval procedure provided for in Directive 2003/37/EC to be applied in respect 
in 
of  each 
Directive 2003/37/EC relating  to  agricultural  or  forestry  tractors,  their  trailers  and 
interchangeable  towed  machinery,  together  with  their  systems,  components  and 
separate technical units apply to this Directive.  

tractor.  Consequently, 

the  provisions 

laid  down 

type  of 

(3) 

This  Directive  should  be  without  prejudice  to  the  obligations  of  the  Member  States 
relating  to  the  time-limits  for  transposition  into  national  law  and  application  of  the 
Directives set out in Annex II, Part B, 

(cid:208) 74/152/EEC 
(cid:206)1 Corrigendum 74/152/EEC 
(OJ L 226, 18.8.1976, p. 16) 

HAVE ADOPTED THIS DIRECTIVE: 

Article 1 

1.  “Agricultural  or  forestry  tractor”  means  any  motor  vehicle,  fitted  with  wheels  or 
(cid:206)1 endless  tracks   and  having  at  least  two  axles,  the  main  function  of  which  lies  in  its 
tractive  power  and  which  is  specially  designed  to  tow,  push,  carry  or  power  certain  tools, 
machinery or trailers intended for agricultural or forestry use. It may be equipped to carry a 
load and passengers. 

2. This Directive shall apply only to tractors defined in paragraph 1 which are equipped with 
pneumatic tyres and have a maximum design speed of between 6 and (cid:206)1 40 km/h . 

(cid:208) 82/890/EEC Art. 1(1) (adapted) 
(cid:206)1 97/54/EC Art. 1 

(cid:208) 74/152/EEC (adapted) 

Article 2 

No Member State may refuse to grant EC type-approval or national type-approval of a tractor 
on  grounds  relating  to  the  maximum  design  speed  or  the  load  platforms  if  these  satisfy  the 
requirements set out in Annex I. 

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Article 3 

No  Member  State  may  refuse  or  prohibit  the  sale, ⌦ registration, ⌫  entry  into  service,  or 
use of tractors on grounds relating to the maximum design speed or the load platforms if these 
satisfy the requirements set out in Annex I. 

Article 4 

1. No Member State may prohibit the fitting of load platforms or require that tractors must be 
fitted with one or more such platforms. 

2.  No  Member  State  may  prohibit  the  carriage  on ⌦ load ⌫  platforms  of  products  which 
they permit to be carried on trailers used for agriculture or forestry purposes. Within the limits 
laid down by the manufacturer, a maximum load of at least 80% of the weight of the tractor in 
running order is authorised. 

Article 5 

The  amendments  necessary  for  adapting  to  technical  progress  the  requirements  of  Annex I 
shall be adopted in accordance with the procedure ⌦ referred to ⌫ in Article ⌦ 20(2) ⌫ 
of Directive ⌦ 2003/37/EC⌫. 

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. 

Article 6 

(cid:208) 

Article 7 

Directive 74/152/EEC, as amended by the Directives listed in Annex II, is repealed, without 
prejudice to the obligations of the Member States relating to the time-limits for transposition 
into national law and application of the Directives set out in Annex II, Part B. 

References  to  the  repealed  Directive  shall  be  construed  as  references  to  this  Directive  and 
shall be read in accordance with the correlation table in Annex III. 

Article 8 

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

It shall apply from […]. 

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(cid:208) 74/152/EEC Art. 7 

Article 9 

This Directive is addressed to the Member States. 

Done at Brussels,  

For the European Parliament 
The President 

For the Council 
The President 

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(cid:208) 74/152/EEC 

ANNEX I 

1. 

MAXIMUM DESIGN SPEED 

1.1. 

1.2. 

For the type-approval tests, the average speed shall be measured on a straight track, 
which the tractor shall traverse in both directions from a flying start. The soil of the 
track shall be stabilised; the track shall be flat and at least 100 metres long; however 
it may include slopes of not more than 1.5%. 

During  the  test,  the  tractor  shall  be  unladen  and  in  running  order  without  ballast 
weights or special equipment and the tyre pressures shall be those specified for road 
use. 

1.3. 

During  the  test  the  tractor  shall  be  fitted  with  new  pneumatic  tyres  having  the 
greatest rolling radius intended by the manufacturer for the tractor. 

(cid:208) 88/412/EEC Art. 1 

1.4. 

The  gear  ratio  used  during  the  test  shall  be  that  producing  the  maximum  vehicle 
speed and the throttle shall be fully open. 

(cid:208) 74/152/EEC 

(cid:208) 82/890/EEC Art. 1(4) (adapted) 
(cid:206)1 98/89/EC Art. 1 
(cid:206)2 Corrigendum 98/89/EC 
(OJ L 18, 23.1.1999, p. 68) 

1.5. 

In  order  to  take  account  of  various  unavoidable  errors  due,  in  particular,  to  the 
measuring technique and to the increase in running speed of the engine with a partial 
load,  (cid:206)1 a  measured  speed  ⌦ exceeding ⌫  the  value  for  the  maximum  design 
speed by (cid:206)2 3 km/h   shall be acceptable for the type-approval test. 

(cid:208) 74/152/EEC 

1.6. 

So that the authorities competent for the type-approval of tractors may calculate their 
maximum theoretical speed, the manufacturer shall specify as a guide the gear ratio, 
the actual forward movement of the powered wheels corresponding to one complete 
revolution,  and  the  rpm  at  maximum  power  output  with  the  throttle  fully  open  and 
the speed governor, if fitted, adjusted as laid down by the manufacturer. 

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2. 

LOAD PLATFORMS 

2.1. 

The centre of gravity of the platform shall be situated between the axles. 

2.2. 

The dimensions of the platform shall be such that: 

– 

– 

the  length  does  not  exceed  1.4  times  the  front  or  rear  track  of  the  tractor, 
whichever is the larger; 

the  width  does  not  exceed  the  maximum  overall  width  of  the  tractor  without 
equipment. 

2.3. 

The  platform  shall  be  laid  out  symmetrically  in  relation  to  the  longitudinal  median 
plane of the tractor. 

2.4. 

The height of the load platform above the ground shall be not more than 150 cm. 

2.5. 

The type of platform and the way it is fitted shall be such that, with a normal load, 
the driver's field of vision remains adequate and the various compulsory lighting and 
light-signalling devices may continue to fulfil their proper function. 

2.6. 

The load platform shall be detachable; it shall be attached to the tractor in such a way 
as to avoid any risk of accidental detachment. 

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(cid:207) 

ANNEX II 

Part A 

Repealed Directive with its successive amendments 
(referred to in Article 7) 

Council Directive 74/152/EEC 
(OJ L 84, 28.3.1974, p. 33) 

Council Directive 82/890/EEC 
(OJ L 378, 31.12.1982, p. 45) 

Commission Directive 88/412/EEC 
(OJ L 200, 26.7.1988, p. 31) 

Only as regards the references to 
Directive 74/152/EEC in 
Article 1(1) 

Directive 97/54/EC of the European Parliament and 
of the Council 
(OJ L 277, 10.10.1997, p. 24) 

Only as regards the references to 
Directive 74/152/EEC in Article 1 

Commission Directive 98/89/EC 
(OJ L 322, 1.12.1998, p. 40) 

Part B 

List of time-limits for transposition into national law and application 
(referred to in Article 7) 

Directive 

Time-limit for transposition 

Date of application  

74/152/EEC 

82/890/EEC 

88/412/EEC 

97/54/EC 

98/89/EC 

________________________ 

6 September 1975 

21 June 1984 

____ 

____ 

30 September 1988 

1 October 1988(1) 

22 September 1998 

23 September 1998 

31 December 1999 

1 January 2000(2) 

(1) 

In conformity with Article 2 of Directive 88/412/EEC: 

“1. 

From 1 October 1988 no Member State may: 

– 

refuse, in respect of a type of tractor, to grant EEC type-approval, to issue the document 
referred to in Article 10(1), final indent, of Directive 74/150/EEC, or to grant national 
type approval; or 

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– 

prohibit the entry into service of tractors; 

if the maximum design speed and load platforms of this type of tractor or tractors comply with 
the provisions of this Directive. 

2. 

From 1 October 1989 Member States: 

– 

– 

may  no  longer  issue  the  document  referred  to  in  Article  10(1),  final  indent,  of 
Directive 74/150/EEC  for  a  type  of  tractor  of  which  the  maximum  design  speed  and 
load platforms do not comply with the provisions of this Directive; 

may refuse to grant national type approval in respect of a type of tractor of which the 
maximum  design  speed  and  load  platforms  do  not  comply  with  the  provisions  of  this 
Directive.” 

(2) 

In conformity with Article 2 of Directive 98/89/EC: 

“1. 

From 1 January 2000 no Member State may: 

– 

refuse, in respect of a type of tractor, to grant EC type approval, to issue the document 
referred to in Article 10(1), final indent of Directive 74/150/EEC, or to grant national 
type approval, or 

– 

prohibit the entry into service of tractors, 

if those tractors meet the requirements of Directive 74/152/EEC, as amended by this Directive. 

2. 

From 1 October 2004, Member States: 

– 

– 

may  no  longer  issue  the  document  referred  to  in  Article  10(1),  final  indent,  of 
Directive 74/150/EEC  for  a  type  of  tractor  if  this  does  not  meet  the  requirements  of 
Directive 74/152/EEC, as amended by this Directive, 

may refuse to grant national type approval in respect of a type of tractor if this does not 
meet the requirements of Directive 74/152/EEC as amended by this Directive.” 

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ANNEX III 

CORRELATION TABLE 

Directive 74/152/EEC 

This Directive 

Articles 1 to 5 

Article 6(1) 

Article 6(2) 

― 

― 

Article 7 

Annex 

― 

― 

Articles 1 to 5 

― 

Article 6 

Article 7 

Article 8 

Article 9 

Annex I 

Annex II 

Annex III 

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