CELEX: 51987PC0132(02)
Language: en
Date: 1987-08-12
Title: PROPOSAL FOR A COUNCIL DIRECTIVE ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO THE LATERAL PROTECTION ( SIDE GUARDS ) OF CERTAIN MOTOR VEHICLES AND THEIR TRAILERS

5. 10. 87                              Official Journal of the European Communities                            N o C 265/21
              Proposal for a Council Directive on the approximation of the laws of the Member States
                relating to the lateral protection (side guards) of certain motor vehicles and their trailers
                                                      COM(87) 132 final
                             (Submitted   by the Commission   to the Council on 12 August 1987)
                                                        (87/C 265/02)
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,                          Directive in time between (a) new type approvals (b)
                                                                   all new vehicles and (c) all vehicles on the road;
 Having regard to the Treaty establishing the European
 Economic Community, and in particular Article 100A                Whereas the approximation of the national laws relat-
 thereof,                                                          ing to motor vehicles includes the mutual recognition
                                                                   by the Member States of the checks carried out by each
                                                                   of them on the basis of common requirements,
 Having regard to the proposal from the Commission,
 In cooperation with the European Parliament,
                                                                   HAS ADOPTED THIS DIRECTIVE:
 Having regard to the opinion of the Economic and
 Social Committee,
                                                                                            Article 1
Whereas it is important to adopt measures with the
                                                                   For the purposes of this Directive, 'vehicle' means any
aim of progressively establishing the internal market
                                                                   motor vehicle in categories N , and N 3 and trailers in
over a period expiring on 31 December 1992; whereas
                                                                   categories 0 3 and 0 4 (as defined in Annex I to Directive
the internal market shall comprise an area without
                                                                   70/156/EEC) designed for use on the road, with or
internal frontiers in which the free movement of goods,
                                                                   without bodywork and with a maximum design speed
persons, services and capital is ensured;
                                                                   exceeding 25 km/h.
Whereas the technical requirements which vehicles must
satisfy pursuant to national laws relate inter alia to the
side guards of motor vehicles and their trailers;
                                                                                            Article 2
Whereas these requirements differ from one Member
State to another; whereas it is therefore necessary that           1.    No Member State may, on grounds relating to
all Member States adopt the same requirements either               lateral protection, refuse to grant EEC type-approval
in addition to or in place of their existing rules in order,       or national type-approval in respect of a vehicle if such
in particular, to allow the EEC type-approval procedure            vehicle meets the requirements set out in the Annex.
which was the subject of 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             2.     No Member State may, on grounds relating to its
motor vehicles and their trailers ( ! ), as last amended by        lateral protection, refuse or prohibit the sale, regis-
the Act of Accession of Spain and Portugal, to be                  tration, entry into service or use of a vehicle if such a
introduced in respect of each type of vehicle;                     vehicle meets the requirements set out in the Annex.
Whereas, in order to increase road safety, it is necessary
to fit side guards to all vehicles in higher weight catego-
ries in order to offer unprotected road users (ped-
estrians, cyclists, motorcyclists) efficient protection                                     Article 3
against the risk of falling under the sides of such
vehicles;                                                         A Member State which carries out EEC-type approval
                                                                  shall take the measures necessary to ensure that it is
                                                                  informed of any modification to a part or characteristic
Whereas for practical reasons it is felt necessary to             referred to in the Annex. The competent authorities of
differentiate the application of the provisions of this           that Member State shall determine whether fresh tests
                                                                  should be carried out on the modified type and a fresh
                                                                  report drawn up. Where such tests reveal that the
                                                                  requirements of this Directive have not been complied
(!) OJ No L 42, 23. 2. 1970, p. 1.                                with, the modification shall not be authorized.
 ---pagebreak--- No C 265/22                              Official Journal of the European Communities                                          5. 10. 87
                           Article 4                                                                  Article 6
1.    With effect from 1 October 1988, Member States:                    When the procedure defined in this Article is invoked,
                                                                         the Commission shall decide after consultation of the
— may no longer issue the document provided for                          Committee instituted by Directive 70/156/EEC, herein-
    in the third indent of Article 10 (1) of Directive                   after called 'the Committee'. The Committee shall dis-
    70/156/EEC in respect of a type of vehicle of which                  cuss the matter on the basis of the request put forward
    the lateral protection devices do not meet the                       by the Commission. The Commission, when asking the
    requirements of this Directive,                                      opinion of the Committee, may fix the period within
                                                                         which the opinion must be given. The deliberations
— may refuse to grant national type-approval in                          of the Committee shall not be followed by a vote.
    respect of a type of vehicle of which the lateral                    Nevertheless, each member of the Committee may
    protection devices do not comply with the pro-                       request that his opinion be recorded in the minutes.
    visions of this Directive.
2.    With effect from 1 May 1989 Member States may
prohibit the entry into service of vehicles of which                                                  Article 7
the lateral protection devices do not comply with the
provisions of this Directive.                                             1.     Member States shall bring into force the pro-
                                                                         visions necessary in order to comply with this Directive
3.    With effect from 1 October 1989 Member States                       before 1 October 1988 and shall forthwith inform the
may prohibit the registration, the entry into service and                 Commission thereof.
the use of any vehicle of which the lateral protection
devices do not comply with the provisions of this Direc-
tive.                                                                    2.      Member States shall communicate the main pro-
                                                                         visions of national law which they adopt in the field
                                                                         covered by this Directive to the Commission.
                           Article 5
The amendments necessary in order to adapt the
requirements of the Annex so as to take account of                                                    Article 8
technical progress shall be adopted in accordance with
the procedure laid down in Article 6.                                     This Directive is addressed to the Member States.
                                                                 ANNEX
                                      TECHNICAL REQUIREMENTS FOR SIDE PROTECTION
            1.         General prescriptions and definitions
            1.1.       Every vehicle of categories N 2 , N^, 0 3 and 0 4 ( 1 ) shall be so constructed and/or equipped as to
                       offer effective protection to unprotected road users (pedestrians, cyclists, motorcyclists) against the
                       risk of falling under the sides of the vehicle and being caught under the wheels (2).
                       The Directive does not apply to:
                       — the cabs of tractive units for semi-trailers,
                       — trailers specially designed and constructed for the carriage of very long loads of indivisible
                           length, such as timber, steel bars, etc.,
                       — vehicles designed and constructed for special purposes where it is not possible, for practical
                           reasons, to fit such lateral protection.
            1.2.       A vehicle shall be deemed to satisfy the requirement set out in point 1.1 if its side parts provide
                       protection conforming to the provisions of the paragraphs below.
            0) Categories under the international classification set out in note (b) of Annex I 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.
            (2) This Directive does not prevent any country from having additional requirements for the vehicle parts
                 forward of the front wheels and rearward of the rear wheels.
 ---pagebreak--- 5. 10. 87                            Official Journal of the European Communities                                      No C 265/23
          1.3.     Positioning of the vehicle
                   When tested for compliance with the technical specifications set out in point 2 below, the position
                   of the vehicle should be as follows:
                   — The vehicle shall be positioned on a horizontal and flat surface.
                   — The steered wheels shall be in a straight-ahead position.
                   — The vehicle shall be unladen.
                   — Semi-trailers shall be positioned on their supports with the loading surface horizontal.
          1.4.      Definitions
          1.4.1.    Vehicle     type for     the purposes        of l a t e r a l protection
                   The term 'vehicle type for the purposes of lateral protection' means vehicles which do not differ
                   with respect to the following main characteristics:
                   Width of the rear axle, structure, dimensions, shape and materials of the bodywork and chassis,
                   characteristics of the suspension of the vehicle in so far as they have a bearing on the requirements
                   of point 2.
          2.       Lateral protection provided by a specific device (side guard)
          2.1.     The device shall not increase the overall width of the vehicle and the main part of its outer surface
                   shall neither be more than 30 mm inboard from the outermost edge of the rear tyres (excluding
                   any bulging of the tyres close to the ground), nor be more than 120 mm inboard from the outermost
                   plane (maximum width) of the vehicle; its forward end may be turned inwards on some vehicles
                   in accordance with 2.4.2 and 2.4.3.
          2.2.     The outer surface of the device shall be smooth, substantially flat or horizontally corrugated and
                   so far as possible continuous from front to rear; adjacent parts may however overlap provided
                   that the overlapping edge faces rearwards or downwards, or a gap of not more than 25 mm
                   measured longitudinally may be left, provided that the rearward part does not protrude outboard
                   of the forward part; domed heads of bolts or rivets may protrude beyond the surface to a distance
                   not exceeding 10 mm and other parts may protrude to the same extent provided that they are
                   smooth and similarly rounded; all external edges and corners shall be rounded with a radius not
                   less than 2,5 mm (tested as prescribed in Directive 74/483/EEC—latest amended version).
          2.3.     The device may consist of a continuous flat surface, or of one or more horizontal rails, or a
                   combination of surface and rails; when rails are used they shall be not less than 100 mm high and
                   not more than 300 mm apart; combinations of surfaces and rails shall form a continuous side
                   guard subject, however, to the provisions of 2.2.
          2.4.     The forward edge of the side guard shall be constructed as follows:
          2.4.1.   Its position shall be:
          2.4.1.1. on a motor vehicle: not more than 300 mm to the rear of the vertical plane passing through the
                   rearmost part of the tyre on the wheel immediately forward of the guard;
          2.4.1.2. on a drawbar trailer: not more than 500 mm to the rear of the plane defined in 2.4.1.1;
          2.4.1.3. on a semi-trailer: not more than 250 mm to the rear of the transverse median plane of the support
                   legs, if support legs are fitted, but in any case the distance of the front edge to the centre of the
                   kingpin in its rearmost position may not exceed 2,7 m.
          2.4.2.   Where the forward edge lies in otherwise open space, the edge shall consist of a continuous vertical
                   member extending over the whole height of the guard; the outer and forward faces of this member
                   shall measure at least 100 mm rearwards and be turned 100 mm inwards.
          2.4.3.   On a motor vehicle where the cab falls within the 300 mm dimension referred to in point 2.4.1.1,
                   the guard shall be so constructed as to meet the cab panels and if necessary be turned in through
                   an angle not exceeding 45°. A longitudinal gap of 100 mm shall be permitted between the forward
                   edge and the cab panels in the case of suspended or tilt cabs.
 ---pagebreak--- No C 265/24                       Official Journal of the European Communities                                             5. 10. 87
          2.4.4. On a motor vehicle where the 300 mm dimension referred to in 2.4.1.1 falls behind the cab and
                 the side guard is extended forward as indicated in 2.4.3, as an option to the manufacturer, then
                 the provisions of 2.4.3 must be met.
          2.5.   The rearward edge of the side guard shall not be more than 300 mm forward of the vertical plane
                 through the foremost part of the tyre on the wheel immediately to the rear; a continuous vertical
                 member is not required on the rear edge, but the guard must be turned outwards to intersect with
                 a vertical plane tangential to the outer surface of the tyre(s), excluding any bulging close to the
                 ground, forward of this tyre.
          2.6.   The lower edge of the side guard shall at no point be more than 550 mm above the ground.
          2.7.   The upper edge of the guard shall not be more than 350 mm below that part of the structure of
                 the vehicle, cut or contacted by a vertical plane tangential to the outer surface of the tyres, excluding
                 any bulging close to the ground, except in the following cases:
          2.7.1. Where the plane in 2.7 does not cut the structure of the vehicle, then the upper edge shall be level
                 with the surface of the load carrying platform, or 950 mm from the ground, whichever is the less.
          2.7.2. Where the plane in 2.7 cuts the structure of the vehicle at a level more than 1,4 m above the
                 ground, then the upper edge of the side guard shall not be less than 950 mm above the ground.
          2.7.3. On a vehicle specially designed and constructed, and not merely adapted, for the carriage of a
                 container or demountable body, the upper edge of the guard may be determined in accordance
                 with 2.7.1 and 2.7.2 above, the container or body being considered as part of the vehicle.
          2.8.   Side guards shall be essentially rigid, securely mounted (they shall not be liable to loosening due
                 to vibration in normal use of the vehicle) and, except as regards the parts listed in point 2.9, made
                 of metal or any other suitable material.
                 The side guard shall be considered suitable if it is capable of withstanding a horizontal static force
                 of 1 kN applied perpendicularly to any part of its external surface by the centre of a ram the face
                 of which is circular and flat, with a diameter of 220 ± 10 mm, and if the deflection of the guard
                 under load is then not more than:
                 — 2>0 mm over the rearmost 250 mm of the guard, and
                 — 150 mm over the remainder of the guard.
          2.8.1. The above requirement may be checked by means of calculations.
          2.9.   Components permanently fixed to the vehicle, e.g. battery box, air tanks, fuel tanks, lamps,
                 reflectors and tool boxes may be incorporated in the side guard, provided that they meet the
                 dimensional requirements of this Directive. As regards gaps, the requirements set out in 2.2 shall
                 apply. The forward edge shall comply with 2.4.2.
          2.10.  The side guard may not be used for the attachment of brake, air or hydraulic pipes or electrical
                 wiring.
          3.     By derogation from the above provisions, vehicles of the following types need comply only as
                 indicated in each case:
          3.1.   An extendible trailer shall comply with all of the requirements of point 2 when closed to its
                 minimum length. When the trailer is extended the side guards shall comply with 2.6, 2.7 and 2.8,
                 and with either 2.4 or 2.5 but not necessarily both. Extension of the trailer shall not produce gaps
                 in the length of the side guards;
          3.2.   A tank-vehicle, that is a vehicle designed solely for the carriage of fluid substance in a closed tank
                 permanently fitted to the vehicle and provided with hose or pipe connections for loading or
                 unloading, shall be fitted with side guards which comply so far as is practicable with all the
                 requirements of point 2, strict compliance may be waived only where operational requirements
                 make this necessary.
          3.3.   On a vehicle fitted with extendible legs to provide additional stability during loading, unloading
                 or other operations for which the vehicle is designed, the side guard may be arranged with additional
                 gaps where these are necessary to permit extension of the legs.
 ---pagebreak---                         Official Journal of the European Communities                                      No C 265/25
4.     If the sides of the vehicle are so designed and/or equipped that by their shape and characteristics
       their component parts together meet the requirements of point 2, they may be regarded as replacing
       the side guards.
5.     Application for EEC type-approval
5.1.   The application for EEC type-approval of a vehicle type with respect to lateral protection shall be
       submitted by the vehicle manufacturer or his authorized representative.
5.2.   It must be accompanied by the undermentioned documents in triplicate and the following infor-
       mation:                                                                         __
5.2.1. A description of the vehicle from the standpoint of the criteria referred to in 1.4.1, together with
       dimensional drawings and either photographs or exploded views of the sides of the vehicle. The
       numbers and/or symbols identifying the vehicle type must be quoted.
5.2.2. A technical description of the parts providing lateral protection together with sufficiently detailed
       information.
5.3.   A vehicle representative of the type to be approved must be submitted to the technical service
       responsible for the type-approval tests.
6.     EEC type-approval
6.1.   The EEC type-approval certificate for the vehicle type must be accompanied by an Annex drawn
       up in conformity with the model shown in the Appendix.
 ---pagebreak--- No C 265/26                           Official Journal of the European Communities                                    5. 10. 87
                                                              Appendix
                                              (Maximum format: A4 (210 x 297 mm))
                                                                                  0)
           ANNEX T O THE EEC TYPE-APPROVAL CERTIFICATE IN RESPECT OF THE SIDE PROTECTION
                                                     OF A TYPE OF VEHICLE
           (Articles 4 (2) and 10 of 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)
          EEC type-approval No                                                        Extension No
             1. Trade mark or name of vehicle
            2. Type of vehicle and category
            3. Name and address of manufacturer
            4. Name and address of manufacturer's authorized representative (if any)
            5. Characteristics of the parts providing lateral protection
            6. Vehicle submitted for EEC type-approval on
            7. Technical service responsible for EEC type-approval tests
            8. Date of test report issued by the technical service
            9. Nummer of test report issued by the technical service
          10. Reason(s) for the extension of the EEC type-approval (where applicable)
          11. EEC type-approval/extension has been granted/refused (2) in respect of the side protection.
          12. Place
          13. Date
          14. Signature
          15. Annexed is a list of documents making up the EEC type-approval file, deposited with the competent
                authority which granted approval; a copy can be obtained on request.
          16. Remarks (if any)
          (') Name of administration.
          i1) Delete as appropriate.
 ---pagebreak--- 5. 10. 87                           Official Journal of the European Communities                      No C 265/27
                                                         Directive ...
                                              EEC-type approval/extension No ...
                                                          Type ...
                                          SUMMARY OF ANNEXED DOCUMENTS
          Total number of pages of the file:     9
          Number of pages of the description:    4
          Number of pages of drawings:           4
          Number of photographs:                 1
                                                                                                    Page
          —   General                                                                                  1
          —   General description of vehicle                                                           2
          —   Weights and dimensions                                                                   2
          —   Description of side guard                                                                3
          Drawings and photographs provided:
          — drawing(s) of installation of the device:
              — 031.3.046 (two pages A4)
              — 031.3.047 (two pages A5)
          — photograph(s): 031.13.027 (1)
          All documents, drawing and photographs shall bear the EEC type-approval/extension number.