CELEX: 51984PC0438
Language: en
Date: 1984-09-06
Title: PROPOSAL FOR A COUNCIL DIRECTIVE AMENDING DIRECTIVE 78/1015/EEC ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO THE PERMISSIBLE SOUND LEVEL AND EXHAUST SYSTEM OF MOTORCYCLES

2. 10. 84                            Official Journal of the European Communities                           No C 263/5
             Proposal for a Council Directive amending Directive 78/1015/EEC on the approximation
             of the laws of the Member States relating to the permissible sound level and exhaust
                                                  system of motorcycles
                                                    COM(84) 438 final
                         (Submitted by the Commission to the Council on 12 September 1984)
                                                      (84/C 263/07)
THE COUNCIL OF THE EUROPEAN                                     differences in the treatment of these categories;
COMMUNITIES,                                                    whereas the definition of sound level limit values for
                                                                each of these new categories of motorcycle will
Having regard to the Treaty establishing the                    effectively reduce the level of sound at present
European Economic Community, and in particular                  emitted by these types of vehicle; whereas this
Article 100 thereof,                                            reduction should be put into effect in two stages in
                                                                order to give manufactures sufficient time to improve
Having regard to the proposal from the Commission,              their products;
Having regard to the opinion of the European Par-               Whereas these reductions constitute an important step
liament,                                                        towards the improvement of the environment,
Having regard to the opinion of the Economic and                HAS ADOPTED THIS DIRECTIVE:
Social Committee,
                                                                                         Article 1
Whereas Annex I to Council Directive 78/1015/
EEC (') defines limits for the sound level of                   Annex I to Directive 78/1015/EEC shall be amended
motorcycles; whereas Article 8 of that Directive states         in accordance with the Annex hereto.
that before 31 December 1984 the Council shall, on a
proposal from the Commission, decide on a reduction
                                                                                         Article 2
in the maximum permissible sound levels provided for
in Annex I;                                                     However, before 1 October 1992, the Council, acting
                                                                on a proposal from the Commission, shall review the
Whereas, when Directive 78/1015/EEC was adopted,                sound level limit values to be applied from 1 October
emphasis was given to the fact that it constituted an           1995 and/or the latter date itself as set out in item
initial step towards the improvement of the                     2.1.1 of Annex I to Directive 78/1015/EEC, in order
environment, that the technical development of less             to determine the need for possible amendments in the
noisy motorcycles should be further encouraged, that            light of any new technical and/or economic factors
the prescribed limit values should be reduced before            which come to light after the adoption of the present
 1985, particularly in the case of more powerful                Directive.
motorcycles, and that the levels to be fixed should
take account of the technical resources which would                                      Article 3
be available at that date;
                                                                 1.    From 1 October 1986:
Whereas the protection of the population in urban
environments against acoustic nuisance calls for                — Member States in which motorcycles or certain
suitable measures to reduce the sound level of                       categories of motorcycles are the subject of
                                                                     national type-approval shall, at the request of the
motorcycles; whereas such a reduction should be
                                                                     manufacturer or his authorized representative and
 made possible by the technical progress achieved or
                                                                     as the basis for national type-approval, apply the
 to be promoted in the manufacture of these types of
                                                                     harmonized provisions of Directive 78/1015/EEC
vehicle;
                                                                     instead of the corresponding national provisions,
Whereas, to this end, Directive 78/1015/EEC should              — Member States in which motorcycles or certain
be amended in order to make the prescribed method                    categories of motorcycles are not subject to
 of measurement more representative of the conditions                national type-approval shall not refuse to register,
 of actual use of motorcycles in urban traffic, to                   nor prohibit the sale, entry into service or use of
 reduce the number of categories of motorcycle in                    such motorcycles on the grounds that the
view of the different methodology and to reduce the                  harmonized technical provisions of Directive
                                                                     78/1015/EEC have been conformed to instead of
 O OJ No L 349, 13. 12. 1978, p. 21.                                 the corresponding national requirements.
 ---pagebreak--- No C 263/6                                Official Journal of the European Communities                                 2.10.84
2.    From 1 October 1987:                                             prohibit initial entry into service in respect of a type
— Member States shall no longer issue the certificate                  of motorcycle the sound level and exhaust system of
    referred to in Article 3 (1) of Directive                          which do not conform to the provisions of the said
    78/1015/EEC in respect of a type of motorcycle                     Directive.
    the sound level and exhaust system of which do
    not conform to the provisions of the said                                                       Article 4
    Directive,
                                                                       Before 1 October 1986, Member States shall adopt
— Member States may refuse to grant national type-                     and publish the provisions necessary to comply with
    approval or prohibit the registration, sale, entry                 this Directive. They shall forthwith inform the
    into service and use of a type of motorcycle the                   Commission thereof.
    sound level and exhaust system of which do not
    conform to the provisions of Directive 78/1015/                    They shall apply such provisions with effect from
    EEC.                                                               1 October 1986.
3.    Three years after the dates on which the limit
                                                                                                   Article 5
values defined in item 2.1.1 of Annex I to Directive
78/1015/EEC enter into force, Member States may                        This Directive is addressed to the Member States.
                                                                ANNEX
                                         Amendment of Annex I to Directive 78/1015/EEC
             Items 2.1.1, 2.1.4.3.1 and 2.1.4.3.2 shall be replaced by the following:
                   '2.1.1.        Limits
                                  The sound level of motorcycles, when measured under the conditions set out in
                                  items 2.1.2 to 2.1.5, shall not exceed the following limits:
                                                                                  Maximum permissible sound level
                                                                                              in dB (A)
                                          Categories by cubic capacity
                                                                            With effect from the      With effect from
                                                                             implementation of         1 October 1995
                                                                                the Directive
                                                     < 80                            77                     75
                                                > 80     < 175                       80                     78
                                                    > 175                            82                     80'
             '2.1.4.3.1.           Motorcycles fitted with a non-automatic gearbox
             2.1.4.3.1.1.          Approach speed
                                   The motorcycle shall approach line AA' at a steady speed of 50 km/h, the speed
                                   of rotation of the engine being equal to 75 % of the speed referred to in item
                                   2.4 of Annex II.
             2.1.4.3.1.2.          Choice of gear ratio
             2.1.4.3.1.2.1.        irrespective of their engine capacity, motorcycles fitted with a gearbox with not
                                   more than four gears shall be tested in second gear;
             2.1.4.3.1.2.2.        motorcycles fitted with an engine having a cubic capacity not exceeding 175 cm3
                                   and a gearbox with not less than five gears shall be tested only in third gear;
             2.1.4.3.1.2.3.        motorcycles fitted with an engine having a cubic capacity exceeding 175 cm3
                                   and a gearbox with not less than five gears shall be tested in second and third
                                  gear. The mean value of the two tests shall be taken as the result;
 ---pagebreak--- 2.10.84                      Official J o u r n a l of t h e E u r o p e a n C o m m u n i t i e s         N o C 263/7
        2.1.4.3.1.2.4. if, during the test conducted in second gear (see items 2.1.4.3.1.2.1 and
                       '2.1.4.3.1.2.3), the steady engine speed of the vehicle as it approaches the line
                       marking the end of the test section is more than 110 % of the speed referred to
                       in item 2.4 of Annex II, the test shall be conducted in third gear, the sound level
                       then measured being the only value recognized as the test result.'
        '2.1.4.3.2.    Motorcycles fitted with an automatic gearbox
        2.1.4.3.2.1.   Motorcycles without manual override
        2.1.4.3.2.1.1. Approach speed
                       The motorcycle shall approach the line AA' at different steady speeds of 30, 40
                       and 50 km/h or at 75 % of its maximum road speed if this value is lower. The
                       speed producing the highest sound level shall be chosen.
        2.1.4.3.2.2.   Motorcycles fitted with a manual override having X forward-gear positions
        2.1.4.3.2.2.1. Approach speed
                       The motorcycle shall approach the line AA' at a steady speed of less than
                       50 km/h, the speed of rotation of the engine being equal to 75 % of the speed
                       referred to in item 2.4 of Annex II, or a steady speed of 50 km/h, the speed of
                       rotation of the engine being less than 75 % of the speed referred to in item 2.4
                       of Annex II. If a change-down to first gear occurs during the test at a steady
                       speed of 50 km/h, the speed of the motorcycle may be increased up to a
                       maximum of 60 km/h in order to avoid such a change-down.
        2.1.4.3.2.2.2.  Position of the manual override
                        If the motorcycle is fitted with a manual override having X forward-gear
                       positions, the test shall be conducted with the selector in the highest gear
                       position; the deliberate change-down facility (e. g. the kick-down) shall not be
                        used. If automatic change-down occurs after the line AA', the test shall be
                        restarted using the second highest, and if necessary the third highest, gear
                        position, in order to find the selector position corresponding to the highest gear
                       which enables the test to take place without automatic changedown (without
                        using the kick-down).'