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 (presented by the Commission)

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COM (88) 544
Vol. 1988/0189
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                       COM(88 ) 544 final
                                       Brussels , 26 October 1988
                            Proposai 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
                   ( presented by the Commission )
 ---pagebreak--- ENPLANATORY MEMORANDUM
GENERAL COMMENTS
1.    One of the objectives of the common transport policy is to
      contribute effectively towards the reduction of traffic
      accidents and resulting casualties , and towards the
      improvement of traffic conditions . One of the initiatives
      through which a common policy on road seat can be
      progressively achieved is , the Commission believes , a
      Directive to make compulsory , within a reasonable period , ,
      the wearing of safety belts by all vehicle occupants , save
      for special or relatively limited cases .
2.    A Parliamentary Resolution of 13 March 1984 ( 1 ), on the
      introduction of a programme of Community measures to
      promote road seat , recalled the duty of the Community to
      make every effort to improve road seat and specified that
      among those measures to which immediate priority should be
      given was the introduction of compulsory wearing of safety
      belts on all roads , both rural and urban . A further
      Resolution of 10 February 1986 ( 2 ) urged that the
      compulsory wearing of belts should apply to all passengers ,
      including children , except in public service vehicles .
3.    In its draft resolution on the implementation of a
      Community road seat programme , submitted to the Council on
      20 March 1984 ( 3 ), the Commission recommended a number of
      measures to be taken in this context , including one
      concerning the wearing of safety belts m both front and
      rear seats . The Council Resolution of 19 December 1984 ( 4 )
      welcomed the Commission 's initiative , affirmed the need to
      provide for Community action on road seat , and invited the
      Commission to submit proposals , undertaking at the same
      time to ensure their rapid adoption . It noted that the
      Commission 's draft contained specific areas where action
      was proposed : among these areas was the wearing of safety
      belts .
nr O.J. NO C 104 , IG . 04 . 1994 , p. 38
( 2 ) O.J. No C 68 , 24.03.1986 , P. 35
( 3 ) O.J. No C 95 , 06.04.1984 , P.    2
( 4 ) O.J. No C 341 , 21.12.1984 , P.   1
                                                               - I-
 ---pagebreak---                                    2
4.   The advantages of wearing a safety belt are twofold .
     Firstly , by restraining the body at appropriate points
     ( pelvis , ribs ) the belt prevents " secondary collision ",
     whereby vehicle occupants are projected against interior
     surfaces . Secondly , the belt prevents occupants from being
     ejected from the vehicle s the risk of serious injury is 4
     or 5 times greater for occupants who are ejected than for
     others . Although ejection through doors opening during the
     accident has been less common since doors have been
     equipped with seat locks , account must still be taken of
     ejection through the windscreen , side windows , rear windows
     or , in certain cars , through the roof . The majority of
     studies on the effectiveness of a belt in a collision ,
     mostly based on actual accidents , show that the safety belt
     reduces the risk of fatal injury to front passengers by at
     least 50 % , especially where head-on collisions are
     concerned .
5.   Studies have also shown that rear seats are almost as
   . hazardous as front seats for unbelted occupants and that
     unrestrained rear seat passengers increase the risk of
     injuries to front seat occupants . Deaths and injuries could
     thus be further reduced if the wearing of belts in rear
     seats were made compulsory .
6.   Studies show clearly that the harmful effects , in a
     collision , of wearing a belt are minimal . Although injuries
     may be caused by a belt , theyare invariably less serious
     than those ( sometimes fatal ) sustained if a belt is not
     worn . There is sometimes a psychological fear that wearing
     a belt could prevent a quick exit from the car in certain
     situations , such as the car being on fire or submerged in
     water . Even in these circumstances , studies show that the
     wearing of a safety belt , by greatly reducing the risks of
     injury or of loss of consciousness , increases the chances
     of escape from the vehicle .
7.   The Commission considers that , like adults , children run a
     reduced risk of being injured in a collision when they are
     suitably restrained . But unlike adults , smaller children
     need restraint systems which have been specifically
     designed for them . Given the variety of children 's
     restraint systems on the market , together with the small
     amount of data avai-lable on their efficacity , the
     Commission believes it will be necessary to conduct a study
     of Member States' laws and practices concerning child
     restraints before proposing Community norms on this
     subject .
8.   The safety belt has made an effective contribution to
     vehicle driver and passenger safety over the last twenty
     years , but it has proved difficult to attain a high
     percentage of voluntary usage : laws making the wearing of
     front safety belts obligatory have thus been passed in many
     Member States .
 ---pagebreak---                                        3
0.   However , the present national laws on compulsory use of
     safety belts , where they exist , differ widely . In one
     Member State , the use of front safety belts is not
     compulsory ; in some others it is compulsory only outside
     built-up areas . Another Member State has already introduced
     the compulsory use of rear , as well as front , safety
     belts . Moreover , in different Member States , laws apply to
     different categories of vehicle , and to people over varying
     minimum ages , or make different provisions for exemption .
     There is difficulty in securing recognition by one Member
     State of an exemption accorded by another Member State .
10 . The aim of this proposal is , by the simplification and
     approximation of the laws of Member States relating to the
     use of safety belts , to help to reduce the number of deaths
     and injuries which result from traffic accidents in Member
     States . Road accidents within the Community cause the
     deaths each year of approximately 50000 people and injuries
     to over 1.5 million .
11 . Council Directives on the approximation of the laws of the
     Member States relating to motor vehicle safety belts and
     their anchorages already exist . Council Directive
     76 / 115 / EEC ( 1 ) of 10 December 1975 laid down , inter alia ,
     provisions concerning the type and minimum number of belt
     anchorages , in both front and rear , to be provided for
     vehicles of category Ml ( as defined in Annex 1 to Council
     Directive 70 / 156 / EEC ( 2 )). These provisions were extended
     to other vehicles in categories M and M by Council
     Directive 01 / 575 / EEC ( 3 ), of 20 July 1981 . Commission
     Directive 82 / 318 / EEC ( 4 ), of 2 April 1982 , stipulated ,
     amongst other things , that Member States could prohibit the
     entry into service ( from 1 October 1984 ) of vehicles in
     category Ml whose anchorages did not comply with the
     requirements of Directive 76 / 115 / CEC ( as twice amended ) and
     that type approval could not be refused to vehicles in
     other categories if their anchorages complied with the said
     requirements . The necessary provisions to comply with
     Directives 81 / 575 / EEC and 02 / 310 / EEC were to be brought
     into force by Member States no later than 30 Septemberl902 .
(1)  O.J.   No   L 24 ,   30.1.1975 , p. 6.
(2)  O.J.   No   L 42 ,   23.2.1970 , p. 1.
(3)  O.J.   No   L 209 ,  29.7.1901 , p. 30 .
(4)  O.J.   No   L 139 ,  19.5.1982 , p. 9.
 ---pagebreak---                                       4
12 . In tandem with the above Directives ,      Directives have aLso
     laid down provisions for the installation of , and the EEC
     component type approval for , safety belts . Council
     Directive 77 / 541 / EEC ( l ) laid down provisions for both
     front and rear belt systems and installation in vehicles in
     category Ml , and stipulated that no Member State could
     refuse EEC or national type approval for any vehicle whose
     safety belts complied with the Directive 's provisions .
     Council Directive 81 / 576 / EEC ( 2 ) extended these provisions
     to the front seats of vehicles in categories N1 and M2
     ( except vehicles of a permissible maximum weight exceeding
     3500 kg and those which included places specially designed
     for standing passengers ). Commission Directive 82 / 319 / EEC
     ( 3 ), amongst other things , provided for the bringing into
     force of the 1981 Directive no later than
     30 September 1982 .
13 . It is recalled that Council Directive 70 / 156 / EEC defined ,
     in its Annex , the following categories which are concerned
     by the present proposal :
     Category Ml : Vehicles used for the carriage of passengers
                       and comprising no more than eight seats in
                       addition to the driver 's seat .
     Category M2 : Vehicles used for the carriage of passengers ,
                       comprising more than eight seats in addition
                       to the driver 's seat , and having a maximum
                       weight not exceeding 5 metric tons .
     Category N1 : Vehicles used for the carriage of goods and
                       having a maximum weight not exceeding 3.5
                       metric tons .
(l)  0 . J. No L 220",  29.8.1977 , p.  95 .
(2)  0 . J. No L 209 ,  29.7.1981 , p.  32 .
(3)  0 . J. No L 139 ,  19.5.1982 , p.  17 .
 ---pagebreak---                                      5
   CONTENTS OF THE PROPOSAL
   1 . One of the essential ingredients of successful safety belt
         use is a clear simple law . Complex , widespread and
         differing exemptions under the law can undermine the
         effectiveness of a belt use programme .
  2-    Articles 2 and 3 therefore consist of requirements to be
        applied across all Member States .
 3 . In Article 2 ( 1 ) , the driver and the front seat passengers
        will be required to wear belts in those category Ml
        vehicles first registered on or after 1 March 1979 , since
        from this date vehicles with the prescribed safety belts
       and installation thereof could not be refused , on that
       account , EEC type approval .
 4.    Although technically the same provisions exist for rear
       safety belts , it is recognised that the common practice in
       most Member States has not been to make the fitting or
       wearing of rear safety belts compulsory . To avoid the
       necessity of retrofitting , therefore , Article 2 ( 2 )
       requires , from no later than 1 January 1993 , rear safety
      belts to be worn in Ml vehicles first registered on or
      after 1 January 1989 .
5.    In category N1 and M2 vehicles ( except vehicles of a
      permissible maximum weight exceeding 3500 kg and those
      which include places specially designed for standing
      passengers ) the driver and front seat passengers of
      vehicles registered on or after 1 October 1982 will be
      required by Article 3 to wear safety belts . This reflects
      the fact that , from this date , vehicles of these categories
      possessing the prescribed anchorages and safety belts
      cannot , on that account , have been refused EEC type
      approval .
6.    It is recognised that , in many Member States , there are
      already laws requiring the wearing of safety belts on the
      front seats of cars registered before the dates mentioned
      above . The above dates are intended to set a harmonised
      minimum standard for Member States : Article 4 of the
      Directive will enable Member States to specify earlier
      dates applying to the first registration of vehicles in
      which safety belts must be worn .
7.    Article 5 provides for exemptions from these rules for
      certain cases where belts and anchorages are not commonly
      fitted .
 ---pagebreak---                                      5
 3.    Article 7 enables Member States to exempt children under
       the age of 12 from the obligation of wearing safety belts ,
       because doubts about the efficacy of adult belts , given
       children 's weaker bone structure , still exist . If such an
       exemption is made , the children must sit in the rear of the
       vehicle .   Commission experts are currently studying the
       problem , and the present Directive will be amended to take
       account of children under 12 and introduce harmonised
       provisions as soon as possible , since it is desirable that
       children be subject to a safe and effective form of
       restraint .
 0.    Articles S and 9 seek to simplify and approximate the
       widely differing exemptions at present granted by Member
       States . Exemptions can be divided into three main
       categories : those for the convenience of all drivers and
       passengers ( Article 3 ( 1 )), those granted on medical
       grounds ( Article 8 ( 2 )) and those granted for the
       convenience of ct rtain categories of professional drivers
       ( Article 9 ) .
 10 . Article 3 ( 1 ) standardises two exemptions already common ,
       although in slightly different forms , in most Member
       States . It is desirable that these exemptions , concerning
       drivers when reversing , or drivers / passengers under 1.5m
       tall , apply in all Member States since these categories of
       drivers / passengers are likely frequently to cross Member
       States'   frontiers .
11 . Similarly , Article 8 ( 2 ) provides for derogations because
       of pregnancy or serious medical reasons , on production of a
      medical certificate .   It will be for each Member State to
      decicie the exact criteria for the granting of such a
      certificate , but any certificate thus granted by the
      competent authority of one Member State should be valid in
      another Member State .
12 . It does not seem essential to standardise those exemptions
      almost wholly concerning certain categories of professional
      drivers who usually remain within national boundaries :
      Article 9 thus identify categories of drivers / passengers to
     whom Member States can at their discretion provide either
      full derogations or derogations which may be more specific
      in nature .
 ---pagebreak---                                  Proposai 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
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
 Having regard to the Treaty establishing the European Economic
 Community and in particular Article 75 thereof ;
 Having regard to the proposal from the Commission ;
Having regard to the proposal from the Commission ;
Having regard to the opinion of the European Parliament ;
Having regard to the opinion of the Economic and Social Committee ;
Whereas the present national legislations on compulsory use of safety belts, where they exist , differ
widely and whereas it is therefore necessary to harmonize that compulsory use;
Whereas it should be compulsory to use safety belts in vehicles of less than 3.5 tonnes in order
to guarantee road users a greater degree of safety;
 Whereas Council Directive 76 / 115 / EEC of 10 December 1975 on the
 approximation of the laws of the Member States relating to
 anchorages for motor-vehicle safety belts ( 1 ), as last amended
 by Directive 32 / 318 / EEC ( 2 ), and Council Directive 77 / 541 / EEC
 of 23 June 1977 on the approximation of the laws of the Member
 States relating to safety belts and restraint systems of motor
 vehicles ( 3 ), as last amended by Directive 87 / 3 54 / EEC ( 4 ),
 concern the technical requirements relating to safety belts
 with which motor vehicles must comply , but not the use of
 safety belts ;
 Whereas the resolution of 19 December 1984 ( 5 ) adopted by the
 Council and the representatives of the Governments of the
 Member States of the European Communities , meeting within the
 Council , undertook to ensure the rapid adoption of road seat
 measures , and invited the Commission to submit proposals ;
 Whereas Reports of the European Parliament on Road Safety
 ( 6 ) ( 7 ) have recommended that the wearing of safety belts by all
 passengers , including children , on all roads and in all seats
 in passenger vehicles ( except public service vehicles ), should
 be compulsory ;
 Whereas the technical requirements of child restraint systems
 are still the subject of discussion and study by the Commission
 and will therefore be the subject of a later amendment to this
 Directive ;
 (1)     0. J . No L   24 ,   30.01.1976 , p.       6 .
 (2)     0 . J. Ho L  139 ,   19.05.1982 , p.       9 .
 (3)     O. J . No L  220 ,   29.08.1977 , p.       95 .
 (4)     0 . J. No L 192 , 11.7.1987 , p. 43 .
 (5)     0 . J. No C  341 , 21.12.1984 , p.         1 .
 (6)     0 . J. No C  104 , 16.04.1984 , P.         38 .
  (7)    0 . J. No c    68 , 24.03.1986 , p.        35 .
 ---pagebreak---                                      2
Whereas studies have also shown that rear seats are almost as
hazardous as front se^ts for unbelted occupants and that
unrestrained rear seat occupants increase the risk of injuries
to front seat passengers ; and whereas deaths and injuries could
thus be further reduced if the wearing of belts in rear seats
were made compulsory ;
Whereas the fixing of the date of application of the measures
referred to in this Directive should allow time for the
provisions of implementation required , particularly in those
Member States where no provisions on this matter exist yet ;
HAS ADOPTED THIS DIRECTIVE :
                                 Article 1
           For the purposes of this Directive , " vehicle " means any
motor vehicle in categories M and N as defined in Annex I to Council
Directive 70 / 156 / EEC ( l ) intended for use on the road , having
at least four wheels and a maximum design speed exceeding
2 5km/ h .
                                 Article 2
1.         Member States shall ensure   that the driver and front
seat passengers of vehicles being used on the road in category
Ml first registered on or after 1 March 1979 shall wear safety
belts .
2.         Member States shall ensure   that from no later than
1 January 1993 , passengers occupying the rear seats of vehicles
being used on the road in category Ml first registered on or
after 1       January 1989 shall be restrained by an approved
restraint system .
( l ) O.J. No . L 42 , 23.02.1970 , p. 1 .
 ---pagebreak---                                                  3
                                           Article 3
             Member States shall            ensure that the driver and
  front seat passengers of vehicles being used on the road in
  categories N1 and M2 ( except vehicles of a permissible maximum
  weight exceeding 3.5 tonnes and those which include places
  specially designed for standing passengers ) first registered on
  or after 1 October 1982 shall wear safety belts .
                                           Article 4
             Notwithstanding the provisions of Articles 2
 and 3 , a Member State may specify earlier dates applying to the
  first registration in that Member State of vehicles in which
  safety belts must be worn .
                                           Article 5
             Where vehicles in categories Ml and M2 are not yet
  fitted at type –approval for the seats specified hereafter with safety belts and/or
 anchorages, the following shall be exempted from the provisions of Articles 2 and 3;
( a ) front seat passengers other than those in outboard seats ;
(b ) the driver and front seat passengers of vehicles in category
      M2 with more than 12 seats exclusive of the driver 's .
                                           Article 6
             The provisions of Articles 2 to 4 shall                     apply to drivers
  and passengers of vehicles being used on the road in the
  Community which are registered in a third                          country , when
  safety belts are fitted .
                                           Article 7
             Member States may exempt children under the age of 12 from the provisions of
  Articles 2 and 3 . If such exemptions are made , such children
  shall sit in the rear of the vehicle , provided that rear seats
  are    available .
                                           Article 8
             The following categories of persons                  shall be exempt from
  the provisions of Articles 2 and 3 :
       ( a ) all drivers when reversing or parking ;
      ( b ) all drivers and passengers above the age of 12 whose
             height does not reach 1.5 m ^
                                                                                          <7
 ---pagebreak---                                                     4
       ( c ) pregnant women when provided with a medical certificate ;
             such        certificate must mention the expiry date of the
             derogation ;
       (ci ) persons when provided by the competent authorities with
             an exemption certificate for serious medical reasons .
      The medical certificate referred to at ( c ) and ( d ) must be presented
      when required by an authorized person .
      Any such certificate granted by the competent authority in one Member
      State shall be valid in another Member State .
                                             Article      9
            Member States;may grant derogations in addition to those provided for in Article 8 to :
     la ) taxi or private cab drivers when on duty ;
     ( b ) delivery workers , when loading and unloading goods in
             sequence and in places located a short distance from
             each other ;
     le ) emergency services .
                                             Article 10
 1.          Member States shall , after consulting the Commission ,
 bring into force the laws , regulations and administrative
 provisions which are necessary in order to comply with this
 Directive within 18 months of its notification .                             They shall
 forthwith inform the Commission thereof .
 2.          Member States shall ensure that the texts of the main
 provisions of national law which they adopt in the field
 covered by this Directive are communicated to the Commission .
                                             Article 11
             This Directive is addressed to the Member States .
Done at                                                              For the Counci l
 ---pagebreak---          COMPETITIVENESS AND EMPLOYMENT IMPACT STATEMENT
I.    ffliat is the main reason for introducing the measure ?
      This proposal for a compulsory use of safety belts on
      front and back seats aims at a reduction of risks of
      being injured or killed in road accidents for occupants
      of cars up to 3.500kg .
      A measure on European level will make it easier for car
      manufacturers to take the use of safety belts in
      consideration in design and production of safe cars for
      the common market .  Moreover this measure will
      facilitate the circulation of persons by making the
      rules similar in the whole Community .
II .  Features of the business in question
      Enterprises which are involved in the production , sale
      and maintainance of cars .
      The fitting of safety belts for new seats will slightly
      increase the price of vehicles and this will add to the
      costs of all businesses which use such vehicles .
Ill . 'What obligations does this measure impose direcly on
      business ?
      Business cars of categories Ml , M2 and N1 should be
      equipped with safety belts for all seats ( already
      obligatory in UK and the FRG ) .
IV .  What indirect obligations are national , regional or
      local authorities likely to impose on business ?
      Implementation of the obligations as described under
      III .
 ---pagebreak---                                     2
V.     Are there any special provisions in respect of SHE' s ?
       None
VI .   V7hat is the likely effect on :
       a ) the compe t it iveness of_bus_i ne s£
           none
       b ) employement
           none
VI I . Have the relevant representative organisations been
       consulted ?
       Yes . Road Safety organisations gave a favourable
       opinion . Consultations of vehicle manufacturers took
       place at the adoption of the relevant type
       approval-Directives .