CELEX: 51992PC0334
Language: en
Date: 1992-09-23
Title: Proposal for a COUNCIL DIRECTIVE ON PROTECTIVE DEVICES INTENDED TO PREVENT THE UNAUTHORIZED USE OF TWO OR THREE- WHEEL MOTOR VEHICLES

No C 293 / 32                                Official Journal of the European Communities                                          9 . 11 . 92
               Proposal for a Council Directive on protective devices intended to prevent the unauthorized use of two
                                                        or three-wheel motor vehicles
                                                               ( 92 / C 293 / 05 )
                                                       COM(92) 334 final — SYN 432
                                        (Submitted by the Commission on 28 September 1992)
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                 Whereas , in order to facilitate access to the markets of
                                                                            non-Community countries, it appears necessary to establish
                                                                            equivalence as between the requirements of this Directive and
 Having regard to the Treaty establishing the European                      those of Regulation No 62 of the United Nations Economic
 Economic Community , and in particular Article 100 a                       Commission of Europe;
 thereof,
                                                                            Whereas there is a need for the rapid adjustment of the
                                                                            technical requirements set out in the Annex to this Directive
 Having regard to the proposal from the Commission ,
                                                                            to take account of technical progress; whereas this task
                                                                            should be entrusted to the Commission in order to simplify
In cooperation with the European Parliament ,                               and expedite the procedure ; whereas it is advisible , whenever
                                                                            the Council grants powers to the Commission for the
                                                                            implementation of the rules laid down in respect of two or
 Having regard to the opinion of the Economic and Social                    three-wheel motor vehicles, to provide for an advance
 Committee ,                                                                consultation procedure between the Commission and the
                                                                            Member States within an Advisory Committee ,
Whereas it is necessary to adopt measures intended gradually
 to introduce the internal market over a period expiring on 31
                                                                            HAS ADOPTED THIS DIRECTIVE :
 December 1992 ; whereas the internal market comprises an
entity without internal frontiers within which the free
movement of goods , persons, services and capital is                                                   Article 1
guaranteed ;
                                                                            This Directive and its Annexes shall apply to protective
Whereas in each Member State two or three-wheel motor                      devices intended to prevent the unauthorized use of all types
vehicles must, in respect of protective devices intended to                of vehicle as defined in Article 1 of Council Directive
prevent unauthorized use , display certain mandatory                        92 /. . ./ EEC of ... on the type-approval of two or
technical characteristics which differ from one Member State               three-wheel motor vehicles .
to another; whereas this disparity constitutes a barrier to
trade within the Community ;
                                                                                                       Article 2
Whereas these obstacles to the establishment and operation                 The procedure governing the granting of component
of the internal market can be removed if the same                          type-approval in respect of protective devices intended to
requirements are adopted by all Member States in place of                  prevent the unauthorized use of a type of two or three-wheel
their national regulations ;                                               motor vehicle and the conditions applying to the free
                                                                           movement of such vehicles shall be those set out in Directive
                                                                            92 /. . ./ EEC    of  ...    in  the  Chapters II      and      III
Whereas the drawing up of harmonized requirements                           respectively .
relating to the fitting of said devices to two or three-wheel
motor vehicles is necessary in order to enable the
type-approval and component type-approval procedures                                                   Article 3
provided for in Directive 92 / . . . / EEC ( 1 ) to be implemented
in respect of each type of said vehicle;                                   In accordance with the provisions of Article 1 1 of Directive
                                                                            92 /. . ./ EEC , the equivalence of the requirements of this
                                                                           Directive and those of Regulation No 62 of the United
Whereas , given the scale and impact of the action proposed in             Nations Economic Commission for Europe (document
the sector in question , the Community measures which are                  E / ECE / TRANS / 505 — Add . 61 / Amend . 1 ) shall be
the subject of this Directive are necessary , or even                      recognized .
indispensable, to attain the objective set, namely Community
vehicle type-approval ; whereas this objective cannot be                   The authorities of the Member States which are responsible
adequately achieved by the Member States individually ;                    for granting component type-approval shall accept
                                                                           component type-approvals issued in accordance with the
(>) OJ No L . . .                                                          requirements of the abovmentioned Regulation No 62 and
 ---pagebreak---  9 . 11 . 92                                    Official Journal of the European Communities                               No C 293 / 33
component type-approval marks in place of corresponding                    the utmost account of the opinion delivered by the
 component type-approvals issued in accordance with the                    Committee . It shall inform the Committee of the manner in
 requirements of this Directive.                                           which its opinion has been taken into account .
                              Article 4                                                               Article 6
 Any amendments necessary to adapt the requirements of the                 1.     Member States shall bring into force the laws ,
 Annexes to technical progress shall be adopted in accordance              regulations and administrative provisions necessary to
 with the procedure laid down in Article 5 of this                         comply with this Directive not later than 1 August 1994 .
 Directive .                                                               They shall forthwith inform the Commission thereof.
                                                                           They shall implement these provisions with effect from
                              Article 5                                    1 October 1994 .
 In all cases where reference is made to the procedure set out in          2.     When the Member States adopt these provisions, the
 this Article , the representative of the Commission shall                 provisions shall contain a reference to this Directive or shall
 submit to the Committee set up by Article 12 of Directive                 be accompanied by such a reference when they are published
 70 / 156 / EEC (*) a draft of the measures to be taken . The              in official form . The procedures for making such reference
 Committee shall deliver its opinion on the draft within a time            shall be laid down by the Member States .
 limit which the chairman may lay down according to the
 urgency of the matter, if necessary by taking a vote.
                                                                                                     Article 7
 The opinion shall be recorded in the minutes ; in addition ,
each Member State shall have the right to ask to have its
position recorded in the minutes. The Commission shall take                This Directive is addressed to the Member States .
(') OJ No L 42 , 23 . 1 . 1970 , p. 1 , as last amended by Directive
     92 / 53 / EEC ( OJ No L 225 , 10 . 8 . 1992 , p. 1 ).
 ---pagebreak--- No C 293 / 34                               Official Journal of the European Communities                                         9 . 11 . 92
                                                                  ANNEX 1
                             SCOPE — DEFINITIONS — GENERAL AND SPECIFIC REQUIREMENTS
             1.     SCOPE
             1.1 .  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.      DEFINITIONS
            2.1 .   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), 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 REQUIREMENTS
            3.1 .   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 shall 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 .
 ---pagebreak--- 9 . 11 . 92                                    Official Journal of the European Communities                                         No C 293 / 35
            3.3 .   The requirement set out in Item 3.1 must be met by manipulating a key just once.
            3.4 .   The protective device referred to in Item 3.1 above 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 shall form part of the vehicle's original equipment (i.e. it must be fitted by the
                    manufacturer before initial retail sale). The lock shall 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 shall 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 , and
            3.8.1 . if the cylinder is of the pin type there are no more than two identical , adjacent grooves operating in the
                    same direction and altogether no more than 60 % identical grooves, or
            3.8.2 . if the cylinder is of the disc type there shall be no more than two identical adjacent slots moving in the same
                    direction and altogether no more than 50 % identical slots.
            3.9 .   The protective devices shall be such that , when the vehicle is set in motion and the engine is turning there
                    shall be 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 shall 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-head position .
            4.      SPECIFIC REQUIREMENTS
            4. 1 .  In addition to the general requirements set out in Item 3 the protective device must also meet the specific
                    requirements set out below :
            4.1.1 . it shall 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 handlebars 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 shall only 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 Item
                    3.1.3 it shall not be possible to remove the key once the catch has been preloaded;
            4.2 .   it shall 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 shall 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 Items 3.7 , 3.8 , 3.9 and 4.3 after being subjected to 2 500 locking cycles in each
                    direction in the test specified in Annex II .
 ---pagebreak--- No C 293 / 36                               Official Journal of the European Communities                                             9 . 11 . 92
                                                                   ANNEX II
                                           WEAR TEST ON TYPE 3 PROTECTIVE DEVICES
             1.      TEST EQUIPMENT
             1.1 .   The test equipment shall consist of:
             1.1.1 . a rig on which the sample of a steering unit fitted with a protective device as defined in Item 2.4 in Annex 1
                     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 METHOD
            2.1 .    A sample of the steering unit fitted with the protective device is mounted on the rig referred to in Item
                      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 shall
                     be 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 ten seconds ;
            2.3 .    the wear cycle shall be repeated the number of times provided for in Item 4.4 in Annex I.
 ---pagebreak--- 9 . 11 . 92                                Official Journal of the European Communities                                        No C 293 / 37
                                                                 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 under the following points in
            Annex II to Council Directive 92 /. . ./ EEC , under A :
            — 0.1
            — 0.2
            — 0.4 to 0.6
            — 9.4.1
            — 9.4.2 and , where it is :
                — a type 1 device : 6.1 and 6.1.1 ;
                — a type 2 or 3 device: 3.2.5 to 3.2.6.2 , 6.1 and 6.1.1 ;
                — a type 4 device : 4.1 to 4.4.2 .
                                                                 Appendix 2
            Certificate of component type-approval in respect of a protective device intended to prevent the unauthorized use
                                               of a type of two or three-wheel motor vehicle
                                                                   MODEL
                                                                                                          Name of administration
            Report No                                by technical body                            date
            Component type-approval No :                                 Extension No:
            1.   Make or trade name of vehicle :
            2 . Type of vehicle :
            3.   Manufacturer's name and address :
            4 . If applicable, name and address of manufacturer's representative:
            5.   Vehicle submitted for test on :
            6 . Component type-approval granted / refused ('):
            7.   Place :
            8.   Date :
            9 . Signature:
            (') Delete as appropriate.