CELEX: 31993L0033
Language: en
Date: 1993-06-14 00:00:00
Title: Council Directive 93/33/EEC of 14 June 1993 on protective devices intended to prevent the unauthorized use of two- or three-wheel motor vehicles

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31993L0033

Council Directive 93/33/EEC of 14 June 1993 on protective devices intended to prevent the unauthorized use of two- or three-wheel motor vehicles  

Official Journal L 188 , 29/07/1993 P. 0032 - 0037 Finnish special edition: Chapter 7 Volume 4 P. 0238  Swedish special edition: Chapter 7 Volume 4 P. 0238 

COUNCIL DIRECTIVE  93/33/EECof 14 June 1993on protective devices intended to prevent the unauthorized use of two- or  three-wheel motor vehiclesTHE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article  100a thereof, Having regard to Council Directive 92/61/EEC of 30 June 1992 relating to the type-approval of two-  or three-wheel motor vehicles (1), Having regard to the proposal from the Commission (2), In cooperation with the European Parliament (3), Having regard to the opinion of the Economic and Social Committee (4), Whereas the internal market comprises an area without internal frontiers in which the free movement  of goods, persons, services and capital is ensured; whereas measures necessary to that end should  be adopted; Whereas, with regard to their protective devices intended to prevent unauthorized use, in each  Member State two- or three-wheel motor vehicles must display certain technical characteristics laid  down by mandatory provisions which differ from one Member State to another; whereas, as a result of  their differences, such provisions constitute a barrier to trade within the Community; Whereas those obstacles to the establishment and operation of the internal market may be removed if  the same requirements are adopted by all Member States in place of their national rules; Whereas it is necessary to draw up harmonized requirements concerning the protective devices  intended to prevent the unauthorized use of two- or three-wheel motor vehicles in order to enable  the type-approval and component type-approval procedures laid down in Directive 92/61/EEC to be  applied for each type of such vehicle; Whereas, given the scale and impact of the action proposed in the sector in question, the Community  measures covered by this Directive are necessary, indeed essential, to achieve the aim in view,  which is to establish Community vehicle type-approval; whereas that aim cannot be adequately  achieved by the Member States individually; Whereas in order to facilitate access to the markets of non-Community countries it would seem  necessary to establish equivalence between the requirements of this Directive and those of  Regulation No 62 of the United Nations Economic Commission for Europe, HAS ADOPTED THIS DIRECTIVE: Article 1This Directive and its Annexes apply to the protective devices  intended to prevent the unauthorized use of all types of vehicle as defined in Article 1 of  Directive 92/61/EEC. Article 2The procedure for the granting of component type-approval in respect of the protective  device intended to prevent the unauthorized use of a type of two- or three-wheel motor vehicle and  the conditions governing the free movement of such vehicles shall be as laid down in Chapters II  and III of Directive 92/61/EEC. Article 3In accordance with Article 11 of Directive 92/61/EEC, equivalence between the  requirements laid down in this Directive and those laid down in United Nations ECE Regulation No 62  (E/ECE/TRANS/505 - Add. 61 / Amend. 1) is hereby acknowledged. The authorities of the Member States which grant component type-approval shall accept approvals  granted in accordance with the requirements of the abovementioned Regulation No 62 as well as  component type-approval marks as an alternative to the corresponding approvals granted in  accordance with this Directive. Article 4This Directive may be amended in accordance with Article 13 of Directive 70/156/EEC (5)  in order to: - take into account any amendments to the United Nations ECE Regulation referred to in Article 3, - adapt the Annexes to technical progress. Article 51. Member States shall adopt and publish the provisions necessary to comply with this  Directive not later than 14 December 1994. They shall forthwith inform the Commission thereof. When the Member States adopt these provisions, they shall contain a reference to this Directive or  shall be accompanied by such a reference on the occasion of their official publication. The methods  of making such a reference shall be laid down by the Member States. From the date mentioned in the first subparagraph Member States may not, for reasons connected with  the protective device intended to prevent unauthorized use, prohibit the initial entry into service  of vehicles which conform to this Directive. They shall apply the provisions referred to in the first subparagraph as from 14 June 1995. 2. Member States shall communicate to the Commission the texts of the provisions of national law  which they adopt in the field governed by this Directive. Article 6This Directive is addressed to the Member States. Done at Luxembourg, 14 June 1993. For the CouncilThe PresidentJ. TROEJBORG(1) OJ No L 225, 10. 8. 1992, p. 72. (2) OJ No C 293, 9. 11. 1992, p. 32. (3) OJ No C 337, 21. 12. 1992, p. 103 and OJ No C 176, 28. 6. 1993. (4) OJ No C 73, 15. 3. 1993, p. 22. (5) OJ No L 42, 23. 2. 1970, p. 1. Directive as last amended by Directive 92/53/EEC (OJ No L 225,  10. 8. 1992, p. 1).  ANNEX I SCOPE - DEFINITIONS - GENERAL AND SPECIFIC REQUIREMENTS 1. SCOPE1.1. This  Directive applies to protective devices intended to prevent the unauthorized use of two-wheel motor  vehicles with or without sidecar and three-wheel motor vehicles. 2. DEFINITIONS2.1. For the purpose of this Directive: 2.2. 'component type-approval' means component type-approval in respect of protection against the  unauthorized use of a type of vehicle; 2.3. 'type of vehicle' means motor vehicles not essentially differing from each other, and in  particular with regard to the following aspects; 2.3.1. information concerning the type of vehicle provided by the manufacturer; 2.3.2. arrangement and form taken by the component or components of the vehicle on which the  protective device acts; 2.3.3. type of protective device; 2.4. 'protective device' means a system intended to prevent the unauthorized use of the vehicle by  positively locking the steering and/or transmission; that system may: 2.4.1. act solely and positively on the steering, (type-1 device); 2.4.2. act positively on the steering at the same time as the device which switches off the engine  of the vehicle (type-2 device); 2.4.3. when preloaded, act on the steering at the same times as the device which switches off the  engine of the vehicle (type-3 device); 2.4.4. act positively on the transmission (type-4 device); 2.5. 'steering device' means the steering control (handlebar or steering wheel), the steering head  and any accessory fittings or other components having a direct incidence on the effectiveness of  the protective device; 2.6. 'combination' means a variant intended and produced especially for this use of a locking  system which, when properly actuated, enables said locking system to operate; 2.7. 'key' means any device designed and manufactured in order to actuate a locking system that  itself has been designed and manufactured in order to be actuated solely by that device. 3. GENERAL REQUIREMENTS3.1. All two- or three-wheel motor vehicles, with the exception of mopeds,  must be fitted with a protective device intended to prevent unauthorized use which meets the  requirements contained in this Directive. Where a device intended to prevent unauthorized use is  fitted to a moped, it must meet the requirements contained in this Directive. 3.2. The protective device must be such that: 3.2.1. it is necessary to disable it in order to point, drive or move the vehicle straight ahead; 3.2.2. it is necessary, in the case of a type-4 protective device, to render it inoperative in  order to release the transmission. If this device is actuated by the parking control it must act at  the same time as the device which stops the engine of the vehicle; 3.2.3. the key can only be removed when the catch is fully engaged or withdrawn. It must be  impossible to obtain any intermediate position of the key which may subsequently engage the bolt,  even if the key for the protective device is introduced. 3.3. The requirements set out in section 3.2 must be met by manipulating a key just once. 3.4. The protective device referred to in section 3.1 and the parts that it controls within the  vehicle shall be designed in such a way that it is impossible quickly and without attracting  attention to open it, render it inoperative or destroy it, for example by using ordinary, cheap  tools, equipment or instruments that are easy to conceal. 3.5. The protective device must form part of the vehicle's original equipment (i.e. it must be  fitted by the manufacturer before initial retail sale). The lock must be attached firmly to the  protective device. (If the lock can be extracted by using the key following removal of the cover or  any other retaining device, this does not conflict with the requirement.)3.6. The key locking  system must incorporate at least 1 000 different combinations or a quantity equivalent to the  number of vehicles built annually if that number is lower than 1 000. The frequency of a  combination for a given type of vehicle must be roughly 1 per 1 000. 3.7. The key and lock code must not be visible. 3.8. The lock must be designed, manufactured and installed in such a way that it is not possible to  turn the cylinder when it is in the locked position by applying a torque of less than 0,245 m daN  with anything other than the appropriate key, and3.8.1. if the cylinder is of the pin type, that  there are no more of than two identical grooves operating in the same direction, adjacent and no  more than 60 % of identical grooves, or3.8.2. if the cylinder is of the disc type, that there are  no more than two identical adjacent grooves operating in the same direction and no more than 50 %  of identical slots. 3.9. The protective devices must be such that, when the vehicle is set in motion and the engine is  turning there is no likelihood of accidental jamming which could, in particular, constitute a  safety hazard. 3.10. If it is of type 1, 2 or 3, once it has been armed the protective device must, without any  deterioration of the steering device that is likely to impair safety, be able to withstand the  application in both directions and under static conditions of a torque of 20 m daN along the axis  of the steering spindle. 3.11. If it is of type 1, 2 or 3 the protective device must be designed in such a way that the  steering can only be locked at an angle of at least 20° to the left and/or right in relation to the  straight-ahead position. 3.12. In a locked position, the protective device must, in the case of type-4 devices, where  maximum torque of the traction motor is applied, prevent the rotation of the drive wheel. 4. SPECIFIC REQUIREMENTS4.1. In addition to the general requirements set out in section 3 the  protective device must also meet the specific requirements set out below: 4.1.1. it must not be possible in the case of type-1 or type-2 protective devices to actuate the  lock other than by the motion of the key, the steering device as defined in section 2.5 being in  the appropriate position for engagement of the catch in the corresponding slot; 4.1.2. in the case of type-3 protective devices it must not be possible to preload the catch via  action on the part of the vehicle user combined or added to a turning of the key. Apart from the  conditions provided for in section 3.2.3 it shall not be possible to remove the key once the catch  has been preloaded; 4.2. it must not be possible to engage the catch in type-2 and type-3 protective devices if the  device is in a position enabling the engine of the vehicle to be started; 4.3. where a type-3 protective device is armed it must not be possible to prevent said device from  operating; 4.4. type-3 protective devices must remain in a good operating state and in particular must  continue to meet the requirements set out in sections 3.8, 3.9, 3.10 and 4.3 after being subjected  to 2 500 locking cycles in each direction in the test specified in Annex II.  ANNEX II WEAR TEST ON TYPE 3 PROTECTIVE DEVICES 1. TEST EQUIPMENT1.1. The test  equipment consists of: 1.1.1. a rig on which the sample of a steering unit fitted with a protective device as defined in  section 2.4 in Annex I may be mounted; 1.1.2. a system for actuating and releasing the device, including the use of the key; 1.1.3. a system designed to rotate the steering spindle in relation to the protective device. 2. TEST METHOD2.1. A sample of the steering unit fitted with the protective device is mounted on  the rig referred to in section 1.1.1. 2.2. A test cycle then involves the following operations: 2.2.1. starting position: the protective device is deactivated and the steering spindle placed in a  position preventing activation of the protective device; 2.2.2. arming: the protective device is armed by turning the key; 2.2.3. activation: the steering spindle is turned in such a way that the torque applied to it when  the protective device is armed is 5,88 Nm ± 0,25; 2.2.4. deactivation: the protective device is deactivated by the normal means, the torque being  reduced to 0 in order to ease deactivation; 2.2.5. return position: the steering spindle is turned until it reaches a position which does not  permit engagement of the protective device; 2.2.6. rotation in the opposite direction: the operations referred to in Items 2.2.2, 2.2.3, 2.2.4  and 2.2.5 are repeated, but in the opposite direction of rotation of the steering spindle; 2.2.7. the interval between two successive activations of the device shall be at least 10 seconds; 2.3. the wear cycle is repeated the number of times provided for in section 4.4 of Annex I.  ANNEX III Appendix 1 Information document in respect of protective devices intended to  prevent the unauthorized use of a type of two- or three-wheel motor vehicle(to be attached to the  application for component type-approval if this is submitted separately from the application for  vehicle type-approval)Order No (assigned by the applicant): . The application for the component type-approval of protective devices intended to prevent the  unauthorized use of a type of two or three-wheel motor vehicle shall contain the information set  out in Annex II to Directive 92/61/EEC, Part A, sections: - 0.1- 0.2- 0.4 to 0.6- 9.4.1- 9.4.2 and, where it is: - a type 1 device, sections 6.1 and 6.1.1, - a type 2 or 3 device, sections 3.2.5 to 3.2.6.2, 6.1 and 6.1.1, - a type 4 device, sections 4.1 to 4.4.2. Appendix 2 Name of administrationComponent type-approval certificate in respect of a protective  device intended to prevent the unauthorized use of a type of two- or three-wheel motor  vehicleMODELReport No . by technical service . date . Component type-approval No: . Extension No: . 1. Trade mark or name of vehicle: . 2. Type of vehicle: . 3. Manufacturer's name and address: . . 4. Name and address of manufacturer's representative (if any): . . 5. Date vehicle submitted for test: . 6. Component type-approval granted/refused (1): 7. Place: . 8. Date: . 9. Signature: . (1) Delete as appropriate.