CELEX: 51989PC0573
Language: en
Date: 1989-11-22
Title: Proposal for a COUNCIL DIRECTIVE amending, with a view to fixing certain maximum authorized dimensions for road trains, Directive 85/3/EEC on the weights, dimensions and certain other technical characteristics of certain road vehicles (presented by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (89) 573
Vol. 1989/0180
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 concernant
l'ouverture au public des archives historiques de la Communauté économique européenne et de
la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983, p. 1) modifié en dernier
lieu par le règlement (UE) 2015/496 du Conseil du 17 mars 2015 (JO L79 du 25. 3.2015, p. 1), ce
dossier est ouvert au public. Le cas échéant, les documents classifiés présents dans ce dossier
ont été déclassifiés conformément à l'article 5 dudit règlement ou sont considérés déclassifiés
conformément aux articles 26(3) et 59(2) de la décision (UE, Euratom) 2015/444 de la
Commission du 13 mars 2015 concernant les règles de sécurité aux fins de la protection des
informations classifiées de l'Union européenne.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 concerning
the opening to the public of the historical archives of the European Economic Community and the
European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as last amended by Council
Regulation (EU) 2015/496 of 17 March 2015 (OJ L 79, 27.3.2015, p. 1), this file is open to the
public. Where necessary, classified documents in this file have been declassified in conformity
with Article 5 of the aforementioned regulation or are considered declassified in conformity with
Articles (26.3) and 59(2) of the Commission Decision (EU, Euratom) 2015/444 of 13 March 2015
on the security rules for protecting EU classified information.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1. Februar
1983 über die Freigabe der historischen Archive der Europäischen Wirtschaftsgemeinschaft und
der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983, S. 1), zuletzt geändert durch die
Verordnung (EU) Nr. 2015/496 vom 17. März 2015 (ABI. L 79 vom 25.3.2015, S. 1), ist dieser Akt
der Öffentlichkeit zugänglich. Soweit erforderlich, wurden die Verschlusssachen in diesem Akt in
Übereinstimmung mit Artikel 5 der genannten Verordnung freigegeben; beziehungsweise werden
sie auf Grundlage von Artikel 26(3) und 59(2) der Entscheidung der Kommission (EU, Euratom)
2015/444 vom      13.   März 2015     über die   Sicherheitsvorschriften für den Schutz von  EU-
Verschlusssachen als herabgestuft angesehen.
 ---pagebreak--- COMMISSION OF TME EUROPEAN COMMUNITIES
                                                    COM(89 ) 573 final
                                                    Brussels , 22 November 1989
                               Proposai for a
                             COUNCIL DIRECTIVE
 amending , with a view to fixing certain maximum authorized dimensions
  for road  trains , Directive 85 / 3 / EEC on the weights , dimensions and
   certain other technical characteristics of certain road vehicles
                       (presented by the Commission)
                                                                   ^       !§
                                                               ,■ r „     /
 ---pagebreak---                        EXPLANATQRY MEMORANDUM
General comments
Introduction
1 . On 18 July 1989 the Council adopted Directive 89 / 461 / EEC
    amending Directive 85 / 3 / EEC on weights and dimensions and
    other characteristics of lorries .
    This amendment fixed the load length of an articulated
    vehicle and at the same time increased the total length by
    one meter to 16.5m .
    The main reason for Directive 89 / 461 / EEC was to stop the
    reduction in the space reserved for the driver and the
    coupling device caused by the tendency to make vehicles
    more productive by proposing a maximum usable load length
    within the total length imposed by Directive 85 / 3 .
    By the increase of the total permitted length of the
    articulated vehicle to 16.5m it was possible to take into
    account the load lengths that were possible within the
    15.5m by application of space saving methods as described
    above .
2 . For road trains similar technical developments as for the
    articulated vehicles give rise to additional legislation .
    The basic problem is similar :
    - within the legally permitted total length of 18 m for
       road trains technical development has , in order to gain
       loading space , led to short cabins and short coupling
       mechanisms between truck and trailer .
    - Disadvantages of ultra short cabins for the comfort and
       safety of drivers were the subject of earlier
       discussions concerning articulated vehicles .
       As regards the use of so called topsleepers the opinions
       as expressed by employers and trade unions in transport
       differ widely .
       The employers view is that top sleeper vehicles
       constitute a modest part only of total heavy vehicles
       ( potentially 9 % ). A large majority of drivers jobs will
       not necessitate the use of top sleepers . Also ,
       individua'l preferences of drivers can be respected as in
       the total driver population there are sufficient drivers
     • able and willing to drive top sleeper vehicles .
       The trade unions have serious objections as regards the
       use of topsleepers because of accessibility ,
       ventilation , safety in case of accidents or fire and
       feelings of claustrophobia by certain drivers .
 ---pagebreak---                                    2
    - The technology of flexible coupling systems has in some
      cases led to a " theoretical " distance of 8 to 15cm
      between truck and trailer .    This distance can be
      increased sometimes from the cabin , if necessary , by
      extending the length of the coupling itself or by a
      system that moves the container on the trailer backwards
      by means of a sledge .
      It is obvious that a distance of 15cm can only be
      maintained on a flat and straight route so the total
      length of the combination will in practice often be
      considerably more than 18m .
    - The extreme result of using short cabins and coupling
      devices is a vehicle with a total length available for
      loading of 16.40m which still theoretically meets the
      overall length of 18m .
      It is clear that such a vehicle has economic advantages
      and that this concept will have a quick and large
      proliferation if no additional legislation is adopted .
      Also companies and vehicle manufacturers that have
      serious objections as regards technical and social
      aspects of such vehicles will be forced to use them and
      to produce them in order to stay competitive .
      The aim of this Proposal for a Directive is to
      complement the Community legislation in order to stop
      this development .
2 . Legal aspects
    Directive 85 / 3 / EEC allows the free circulation in
    international traffic of road trains with a maximum length
    of 18m .
    On the basis of the Directive 85 / 3 as in force now , no
    ultra short cabins with topsleepers can be forbidden .
    Member States that do so in their domestic legislation
    disadvantage their own operators in comparison with
    foreign operators that enter their territory .
    As regards the flexible coupling mechanism the legal
    position is less clear . A road train that is 18m long if
    stationary but that exceeds this length regularly when it
    moves does not reflect the spirit of Directive 85 / 3 that
    lays down length limitations not for vehicles on the
    parking place but for vehicles in traffic .
    The proposal for an amendment to Directive 85 / 3 has to
    take into account the legal position of vehicles that are
    already on the road and that were built under the original
    legal protection of 85 / 3 .
 ---pagebreak---                                    3 -
    However if by introducing new legislation from a certain
    date new concepts are less competitive than the " old " ones
    then a situation will be established which is undesirable
    and difficult to enforce .
3 . Technical aspects
    The total length of a road train is the sum of
    A ) cabin length
    B ) coupling distance between truck and trailer
    C ) total length available for loading
    Point A
    On going discussions between the social partners will
    establish minimum standards for . the drivers' cabin with
    or without a bed .
    In Directive 89 /461 / EEC a method is adopted of ensuring
    enough space for a comfortable cabin within the total
    length without fixing the details .
    Reasons for this method are as follows :
    . Fixing a minimum cabin dimension would lead to the
       manufacture of only the minimum requirements ? economic
       pressures would ensure this . Manufacturers that wanted
       to use extra cabin space for comfort or safety could
       only do so by reducing load length .
    . Assuming that certain accomodations for sleeping
       ( small beds , top sleeper ) are not acceptable , it will
       still be very difficult to control the use of them .
       Nobody can be prohibited from constructing a small space
       on the roof of a daycab . It will be impossible to
       control if this space is used for resting or sleeping ;
       it is even impossible to control if a driver sleeps on
       his seat  l
       A much better approach is to disencourage this practices
       by taking away the incentive of creating more loading
       space by application of short cabins .
       Once these standards are agreed they will be compatible
       with legislation in Directive 89 /461 /EEC which is aimed
       at ensuring that enough room is reserved for the
       driver 's cab .
    There are no arguments why the cabin of a road train
    should differ from the cabin of an articulated vehicle .
    Manufacturers will like to apply the same models and
    drivers work under similar conditions .
 ---pagebreak---                             4
The space reserved for the cabin in Directive 89 /461 / EEC
can be calculated as follows  :
total available length :                        16 . 50 m
minus distance from fifth wheel to the
rear of the semi-trailer :                    - 12.00 m
minus forward clearance of semi-trailer :        2.04 m
minus free space between tractor and
semi-trailer ( according to
ISO standard 1726 ):                          -  0.20m
So available space for the cabin from
front to back wall :                              2.26 m
Applying the same cabins for road trains means that 2.26 m
should be available .
However , for the road train an additional 0.10 m or so
should be added for cab clearance , driver safety ,
roofmounted vertical exhaust and necessary space for
picking up the swap body . This brings the total necessary
length to 2.35 m .
Point B
The length of the coupling device depends on the
technology that is applied . For couplings of road trains
no ISO standards like for the articulated vehicles are
available .
The normal coupling device requires a coupling distance of
around 1.5 m . By short coupling devices this distance can
be reduced to 1 m and if a centre axle trailer is used to
0.7 m .
The use of extendable couplings or other technology that
lengthen the total length of the combination when
driving should not be taken into account in this
calculation . These mechanisms have not yet been proven to
be reliable under all circumstances and are very costly .
In so far as they are invented only to bypass the
international agreed length limits their use should be
discouraged by taking away the incentives in that respect .
Point. C
The total load length is the third element that determines
the overall length .
As argued above a minimum space of 2.35 m should be
reserved for the cabin including the clearance and a space
of 0.70 m is necessary for the shortest non extendable
coupling mechanism .
                                                            b
 ---pagebreak--- Applying the same method as used in Directive 39 /461 /EEC
for the articulated vehicle means that overall length and
loading length must be fixed in such a way that enough
space for cabin and coupling is guaranteed .
This means that the overall length of the road train
should be fixed at 2.35 m longer than the load length
including the coupling distance between truck and trailer
and moreover that the overall length should be fixed at
3.05 m longer than the load length .
In Directive 89 /461 / EEC for articulated vehicles the
maximum load length that was feasable under the old limit
could be taken into account by increasing the overall
length with 1 m from 15.5 m to 16.5 m .
At present some road trains , though with extendable
couplings , operate with a load length of
2 x 8.22 m ■=* 16.45 m
Taking this load length into account would require a total
length of 16.45 + 3.05 = 19.50 m .
This would mean an increase of almost 9 % of the length of
the longest combination on the road which is politically
unacceptable for most governments of the Community .
Starting from the other side , the longest acceptable
combination for the majority of the Member States seems to
be 18.35 m bearing in mind that most Member States allow
at present a two percent tolerance on the 18 m limit .
Calculating backwards this means that the maximum
available load length for a road train should be fixed on
18.35 - 3.05 = 15.30 m . Any load length above this number
would implicate an increase of the overall length above
the 18.35 m .
An additional argument for this length is the great
problem that could be provoked for the transit traffic
through Austria and Switzerland if a longer combination
was permitted in the Community .
The important reference in the field of load length are
the standard lengths of swap bodies that at present are
used .
In the CEN working group the following lengths for
general purpose swap bodies class C were approved :
                 7150 , 7420 and 7820mm .
The first length 7150mm is the most frequently used at
present . The 7420mm length was especially promoted by
Sweden as a good logistic solution .
Standardization of the swap bodies of 8220mm which are
also on the road now , has not yet been considered by CEN .
 ---pagebreak---                                    6
   A maximum load length of 15.30 m will allow transport of
   the following combinations of standard swap bodies and
   containers :
       2 x 6.058 m ( 20 ft container )
       2x7.15      m
       2 x 7.42    m
       1 x 6.058   m + 1 x  7.82 m
       1 x 7.15    m + 1 x  7.82 m
       1 x 6.058   m + 1 x  8.22 m
       1 x 7.42    m + 1 x  7.82 m
   Transport of 2 x 7.82 m swap bodies would only be
   possible if the total length was increased to
   15.65 + 3.05 = 18.70 m .
   For the transport of 2 swap bodies of 8.22 m the above
   calculated increase to 19.50 m would be necessary .
   Both options are not acceptable for reasons of road safety
   and public acceptance . Therefore transitional measures
   should be taken for these swap bodies which are now on the
   road .
4. Conclusion
   The following options are possible as regards additional
   Community legislation :
   a ) the " zero " option : no action or no agreement
       Result : A quick proliferation of ultra short cabins and
       complex flexible coupling systems for international
       transport .
   b ) Fixation of loading length and the overall length of
       road trains .
   This additional legislation for lengths of road trains
   should
   . take away incentives for short cabins ,
   . be considered in relation with legislation for artics ,
   . make clear that extendable couplings do not give
      advantages for the load length ,
   . take into consideration the standard swap bodies
   .  take into consideration the current situation .
                                                                t
 ---pagebreak---                                7 -
Contents of the proposai
5 » Article 1 of Annex I of Directive 85 / 3 / EEC will therefore
    be amended on the following points :
    ~ The maximum authorized length of a road train will be
      increased from 18.00 m to 18.35 m .
    - The total load length of the combination of truck and
      trailer will be fixed by prescribing a maximum length of
      15.30 m for the sum of the load lengths of truck and
      trailer .
    - The sum of the total load length of a combination of
      truck and trailer and the distance between truck and
      trailer will be fixed on 16.00 m .
6 . A new Article 4b is inserted in Directive 85 / 3 / EEC which
    will allow the use of existing road trains that do not
    comply with the provisions on total load length on
    condition that these vehicles do not exceed the " old "
    maximum authorized length of 18 ro .
    In order to avoid a permanent advantage of old
    combinations that were built with more load length than
    allowed in the proposal this exemption is limited until
    1 January 1995 .
 ---pagebreak---                                Proposai for a
                             COUNCIL DIRECTIVE
amending , with a view to fixing certain maximum authorized dimensions
   for road trains , Directive 85 / 3 / EEC on the weights , dimensions and
     certain other technical characteristics of certain road vehicles
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 ( 1 ),
Having regard to the opinion of the European Parliament ( 2 ),
Having regard to the opinion of the Economic and Social
Committee ( 3 ),
Whereas , in order to make combined vehicles more productive ,
manufacturers are proposing a maximum usable volume within
the constraints imposed by Council Directive 85 / 3 / EEC ( 4 ), as last
amended by Directive 89 / 461 / EEC ( 5 );
Whereas this increase in the usable volume involves a
reduction in the space reserved for the driver and in the
space between the truck and the trailer by means of special
coupling devices ;
Whereas there is a consequent deterioration m the comfort
and safety of the driver 's working area ;
Whereas the current standards should be improved so as to
lead to a better balance between the rational and economic
use of commercial road vehicles and the requirements of road
safety while ensuring that drivers have enough room ;
( 1 ) OJ No
( 2 ) OJ No
( 3 ) OJ No
( 4 ) OJ No     L    2,  3.1.1985 , p.        14 .
( 5 ) OJ No     L 226 ,   3.8.1989 , p.        7.
 ---pagebreak---                               2
Whereas the incentives for increasing loading space by the
use of short cabins with top mounted sleepers should be
removed ;
Whereas the new fixed dimensions will enable the use of a
drivers' cabin with a sleeping place behind the drivers' seat
of which the effective width is about 80 cm ,
 HAS ADOPTED THIS DIRECTIVE ;
                                                              JV
 ---pagebreak---                                         3
                                   Article   1
Directive 85 / 3 / EEC is hereby amended as follows :
1 ) The following Article is inserted :
    " Article 4b
      Road trains put into circulation before 1 July 1990 which
      do not comply with the new specifications contained in
      points 1.7 and 1.8 of Annex I shall until 1 January 1995
      be deemed to comply with such specifications for the
      purposes of Article 3(1 ) if they do not exceed the total
      length of 18,00 m ."
2)  Point 1.1 of Annex I is replaced by the following :
    " 1.1 . Maximum length
                motor vehicle                       12,00 m
                trailer                             12,00 m
                articulated vehicle                 16,50 m
                road train                          18,35 m
                articulated bus                     18,00 m
3 ) The following points are inserted in Annex I :
    1.7 . Maximum distance measured parallel to the
           longitudinal axis of the road train from the foremost
           point of the loading area behind the cabin to the
           rearmost point of the trailer of the combination ,
           minus the distance between the rear of the truck and
           the front of the trailer . 15,30 m .
    1.8 . Maximum distance measured parallel to the
           longitudinal axis of the road train from the foremost
           point of the loading area behind the cabin to the
           rearmost point of the trailer of the combination
           . 16,00 m .
                                                                 O-'
                                                                     U
 ---pagebreak---                           Artide 2
Member States shall take the measures necessary to comply
with this Directive not later than 1 January 1991 . They shall
forthwith inform the Commission thereof .
The provisions adopted pursuant to the first paragraph shall
make express reference to this Directive .
Member States shall communicate to the Commission the
provisions of national law which they adopt in the field
governed by this Directive .
                          Article 3
This Directive is addressed to the Member States .
 Done at                        For the Council
                                The President
 ---pagebreak---            COMPETITIVENESS AND EMPLOYMENT IMPACT STATEMENT
  I . What, is t.he main reason for introducing the measure ?
      This proposal concerns the fixation of a maximum autho¬
      rized load length of road trains and an increase of the
      maximum authorized overall length from 18,00 to 18,35 m .
      This total package is introduced in order to guarantee
      sufficient space for the cabin and the coupling device
      within the total length of the road train .
      This proposal is the logical follow-up of a similar
      Directive 89 /461 / EEC by which the load length of semi
      trailers was fixed in order to guarantee enough length for
      a comfortable drivers' cabin and a reliable coupling
      mechanism for articulated vehicles .
      However , it will not be possible to increase the admitted
      overall length of road trains in such a way that all
      existing load lengthes will be covered by the new
      legislation .
      Therefore an article has been incorporated allowing all
      existing road trains that do not meet the new restrictions
      on load length to be used in international traffic until 1
      January 1995 .
 II . Features of the business in question
      All enterprises which use these vehicles for transfrontier
      operations and vehicle manufacturers .
III . What obligations does this measure improve directly on
      businesses ** "
      Road trains used in international traffic shall be
      complied with the provisions of this proposal .
 IV . What indirect obligations are national , regional or local
      authorities likely to impose on business ’t
      Implementation of the obligations as described under III .
  V. Are there any special provisions in respect of SME 's ?
      None .
 VI . What is the likely effect on :
      a ) The competitiveness of business
          The internal competitiveness of enterprises using road
          trains will be equilized by prescribing load lengths .
      b ) Employment
          Positive
                                                                 v
 ---pagebreak---                              -• 2
VII . Have the relevant representative organisations been
      consulted ?
      The representative organisations of vehicle
      manufacturers , operators and unions have been
      consulted . Their opinions are as follows :
      Vehicle manufacturers and operators want a greater
      overall length and the use of short cabins with top -
      sleepers in limited cases in order to accomodate load
      lengths that are used now by the application of ultra
      short cabins and flexible couplings .
      The Unions are against the use of top sleepers .
 ---pagebreak---                                                                      ISSN 0254-1475
                                                               COM(89) 573 final
                                                       DOCUMENTS
EN                                                                         07 01
                                 Catalogue number : CB-CO -89-558-EN-C
                                                             ISBN 92-77-55339- 1
Office for Official Publications of the European Communities
L-2985 Luxembourg