CELEX: 51988PC0544
Language: en
Date: 1988-10-26
Title: PROPOSAL FOR A COUNCIL DIRECTIVE ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO COMPULSORY USE OF SAFETY BELTS IN VEHICLES OF LESS THAN 3.5 TONNES

No C 298/8                                 Official Journal of the European Communities                                23. 11. 88
                                                                  II
                                                          (Preparatory Acts)
                                                     COMMISSION
                  Proposal for a Council Directive on the approximation of the laws of the Member States
                            relating to compulsory use of safety belts in vehicles of less than 3,5 tonnes
                                                         COM(88) 544 final
                                 (Submitted by the Commission to the Council on 4 November 1988)
                                                            (88/C 298/05)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                               equirements relating to safety belts with which motor
                                                                      vehicles must comply, but not the use of safety belts;
Having regard to the Treaty establishing the European
Economic Community and in particular Article 75                       Whereas the resolution of 19 December 1984 (') adopted
thereof,                                                              by the Council and the representatives of the
                                                                      Governments of the Member States of the European
                                                                      Communities, meeting within the Council, undertook to
Having regard to the proposal from the Commission,                    ensure the rapid adoption of road seat measures, and
                                                                      invited the Commission to submit proposals,
Having regard            to  the   opinion  of   the   European
Parliament,                                                           Whereas Reports of the European Parliament on Road
                                                                      Safety (') (;) have recommended that the wearing of
                                                                      safety belts by all passengers, including children, on all
Having regard to the opinion of the Economic and                      roads and in all seats in passenger vehicles (except public
Social Committee,                                                     service vehicles), should be compulsory;
Whereas the present national legislations on compulsory
                                                                      Whereas the technical requirements of child restraint
use of safety belts, where they exist, differ widely and
                                                                      systems are still the subject of discussion and study by
whereas it is therefore necessary to harmonize that
                                                                      the Commission and will therefore be the subject of a
compulsory use;
                                                                      later amendment to this Directive;
Whereas it should be compulsory to use safety belts in
vehicles of less than 3,5 tonnes in order to guarantee                Whereas studies have also shown that rear seats are
road users a greater degree of safety;                                almost as hazardous as front seats for unbelted
                                                                      occupants and that unrestrained rear seat occupants
                                                                      increase the risk of injuries to front seat passengers; and
Whereas Council Directive 76/115/EEC of 18                            whereas deaths and injuries could thus be further
December 1975 on the approximation of the laws of the                 reduced if the wearing of belts in rear seats were made
Member States relating to anchorages for motor-vehicle                compulsory;
safety belts ('), as last amended by Directive
8 2 / 3 1 9 / E E C O , and Council Directive 77/541/EEC of
28 June 1977 on the approximation of the laws of the                  Whereas the fixing cf the date of application of the
Member States relating to safety belts and restraint                  measures referred to in this Directive should allow time
systems of motor vehicles ('), as last amended by                     for the provisions of implementation required,
Directive 87/354/EEC (*), concern the technical                       particularly in those Member States where no provisions
                                                                      on this matter exist yet;
(') OJ    No   L 24, 30. 1. 1976, p. 6.
(') OJ    No   L 139, 19. 5. 1982, p. 9.                              C) OJ No C 341, 21. 12. 1984, p. 1.
(') OJ    No   L 220, 29. 8. 1977, p. 95.                             (') OJ No C 104, 16. 4. 1984, p. 38.
(4) OJ    No    L 192, 11. 7. 1987, p. 43.                            (') OJ No C 68, 24. 3. 1986, p. 35.
 ---pagebreak--- 23. 11.38                             Official Journal of the European Communities                              No C 298/9
HAS ADOPTED THIS DIRECTIVE:                                                                 Article 7
                         Article 1                               Member States may exempt children under the age of 12
                                                                 from the provisions of Articles 2 and 3. If such
For the purposes of this Directive, 'vehicle' means any          exemptions are made, such children shall sit in the rear
motor vehicle in categories M and N as defined in                of the vehicle, provided that rear seats are available.
Annex I to Council Directive 70/156/EEC (') intended
for use on the road, having at least four wheels and a                                      Article 8
maximum design speed exceeding 25 km/h.
                                                                 The following categories of persons shall be exempt from
                          Article 2                              the provisions of Articles 2 and 3:
                                                                 (a) all drivers when reversing or parking;
1.     Member States shall ensure that the driver and
front seat passengers of vehicles being used on the road         (b) all drivers and passengers above the age of 12 whose
in category M 1 first registered on or after 1 March 1979             height does not reach 1,5 metres;
shall wear safety belts.
                                                                 (c) pregnant women when provided with a medical
2.     Member States shall ensure that from no later than             certificate; such certificate must mention the expiry
 1 January 1993, passengers occupying the rear seats of               date of the derogation;
vehicles being used on the road in category M 1 first            (d) persons when provided by the competent authorities
registered on or after 1 January 1989 shall be restrained             with an exemption certificate for serious medical
by an approved restraint system.                                      reasons.
                          Article 3                               The medical certificate referred to at (c) and (d) must be
                                                                 presented when required by an au >nzed person.
Member States shall ensure that the driver and front seat
passengers of vehicles being used on the road in                 Any such certificate granted by the competent authority
categories N 1 and M 2 (except vehicles of a permissible
                                                                 in one Member State shall be valid in another Member
maximum weight exceeding 3,5 tonnes and those which
                                                                 State.
include places specially designed for standing passengers)
first registered on or after 1 October 1982 shall wear
safety belts.                                                                               Article 9
                                                                 Member States may grant derogations in addition to
                          Article 4                              those provided for in Article 8 to:
Notwithstanding the provisions of Articles 2 and 3, a            (a) taxi or private cab drivers when on duty;
Member State may specify earlier dates applying to the
first registration in that Member State of vehicles in           (b) delivery workers, when loading and unloading goods
which safety belts must be worn.                                      in sequence and in places located a short distance
                                                                      from each other;
                          Article 5                              (c) emergency services.
Where vehicles in categories M 1 and M 2 are not yet
fitted at type-approval for the seats specified hereafter                                  Article 10
with safety belts and/or anchorages, the following shall          1.    Member States shall, after consulting the
be exempted from the provisions of Articles 2 and 3:             Commission, bring into force the laws, regulations and
a) front seat passengers other than those in outboard            administrative provisions which are necessary in order to
     seats;                                                      comply with this Directive within 18 months of its notifi-
                                                                 cation. They shall forthwith inform the Commission
b) the driver and front seat passengers of vehicles in           thereof.
    category M 2 with more than 12 seats exclusive of the
    driver's.                                                    2.     Member States shall ensure that the texts of the
                                                                 main provisions of national law which they adopt in the
                          Article 6                              field covered by this Directive are communicated to the
                                                                 Commission.
The provisions of Articles 2 to 4 shall apply to drivers
and passengers of vehicles being used on the road in the                                   Article 11
Community which are registered in a third country,
when safety belts are fitted.                                    This Directive is addressed to the Member States.
(') OJ No L 42, 23. 2. 1970, p. 1.