CELEX: 51979PC0772
Language: en
Date: 1979-12-31
Title: PROPOSAL FOR A COUNCIL DIRECTIVE ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO REAR-VIEW MIRRORS FOR TWO- OR THREE-WHEELED MOTOR VEHICLES (presented by the Commission to the Council)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (79) 772
Vol. 1979/0254
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
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 ---pagebreak---   COMMISSION OF THE EUROPEAN COMMUNITIES
                                                        COM < 79 ) 772 final
                                                        Brussels ,    31 December 197­
                                                                                      9.
                                 PROPOSAL FOR A COUNCIL DIRECTIVE
      ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING
        , TO REAR-VIEW MIRRORS FOR TWO- OR THREE-WHEELED MOTOR "
                                             VEHICLES
                       (presented by the Commission to the Council )
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COM ( 79 ) 772 final
 ---pagebreak---                              EXPLANATORY MEMORANDUM
 I.   GENERAL".       ■               '   •
 Mopeds and motor cycles , included respectively in the "General programme
 for the removal of technical "barriers to trade which result from /
 disparities ."between the provisions laid down "by law , regulation or
                                                                 i
 administrative action in the Member States " of 28 May 19^9 and the
                                        2
 supplement to it dated 21 May 1973 , have been the subject of three ■
                –
 proposals for directives on EEC type approval procedures for mopeds
 and for motor cycles ,- and on the permissible sound level and exhaust
  system of motor cycles , forwarded to the Council "by the Commission
  in 1973 , 1974 an& 19^5 * In connection with the two proposals for
 directives on EEC type approval for mopeds and for motor cycles ,
  the Council has encountered political and administrative difficulties
  owing to the wide differences ""between the definitions of mopeds and
  motor cycles in force in the Member States and consequently it has
 not yet been able to adopt these new proposals. However , in 1978
  it adopted the . Directive on the permissible sound level and the exhaust
  system of motor cycles3. -        -                         -
  This proposal for a directive relates to the approximation of the laws
  of the Member States on rear-view mirrors for two– or three–wheeled
  vehicles .  In' its letter of 9 July .1979 » "th® French Government informed
  the Commission , pursuant to the agreement of 28 May I969,as amended
  on 5 March 1973 , providing for Standstill .and notification to the
  Commission , of its intention to amend the French regulations on the
  subject . In particular , the French draft .required a rear–view mirror
  to be fitted to mopeds sold new . as from 1 October 198O .
 Since other Member States also had regulations, in force or in prospect ,
  and the differences between them are likely to create "barriers to trade ,
  the Commission , pursuant to Article 100 of the Treaty-' is proposing
   OJ No C 76 , 17»6»1969 , 3?r 1 •
  20J No C 38 , x5.6.1973,P.1 .
. 30J Mp L 349 , 13.12.1978 , p. 21 .
 ---pagebreak--- Community arrangements to harmonize the national provisions in force
that affect the establishment and. functioning of the common market .
In drafting this proposal for a directive , "the " Commission departments
have given full consideration to the opinions of the Member State
experts expressed at a meeting of the Working Party on Motor Vehicles
held on 7–9 November 1979 * Consequently the proposed requirements
go beyond the initial French draft but are designed to regulate at
Community level everything concerning rear–view mirrors for two– or
three-wheeled vehicles . The main aim of this proposal is not only
to remove barriers to intra-Community trade but also and above all
greatly to increase road safety. The mandatory fitting of one or two
reai^-view mirrors to these types of vehicles is intended to facilitate
visibility to the rear and to the side and thus greatly reduce the
number of accidents . The obligation to fit one or. two rear-view mirrors
to these vehicles will increase the cost of the vehicle by around
which , in view of the consequent reduction in accidents , is an
insignificant capital sum in comparison with the costs that would have
been incurred by the accidents that it will prevent .
II .  COMMENTS ON THE PROPOSAL FOR A DIRECTIVE
The scope is as wide as possible , i.e. it embraces all two– or three-
wheeled vehicles , with or without a cab , fitted with an engine ,
intended for use on the road and having a maximum design speed of
more than 25 km/h ( Article l ).
Articles 2 , 3 , 5 , 6 and 7 incorporate in the "national type approval "
procedure ii each Member State or , if there is no such procedure , in the
national provisions concerning registration , sale , entry into service ,
or use of these vehicles , the Community requirements concerning reaj>-view
mirrors for two– or three–wheeled vehicles .
Article 4 contains provisions on the number of rear–view mirrors , their
design and where to fit them on the vehicle .
 ---pagebreak---                                       - 3-
With regard to the , number , of rear-view narrors, . 'tWo-wheelad vehicles
with a aaximu® design speed not exceeding 80 km/h 'will have to "be
fitted with one rear-view mirror mounted - on the left of the vehi cle
in Member States'where traffic moves or tfcs right and on the right'
of the vehicle in Member States where traffic moves on the left ," while .
two–wheeled vehicles with a maximum design sp >3ea exceeding 80-km/h .
and all three-wheeled vehicles will have to' have two rear-view mirrors , ;
one on the right and the other on the left of the vehicle .          The speed
limit selected , 80 km/h , more or less corresponds to the existing
classification in some Member States ( e.g. 80 km/h in Germany and •
75 km/h in France ) and is. in line with safety considerations . At high
speeds , wind is a hindrance to a driver who tries to turn his head
when wearing a crash helmet and it is also advisable at high speeds
to have two rear-view mirrors to ensure that the wind acts symmetrically
on the .handlebars .                           -   ,
Although t*1® design requirements are the same as already laid down
                                                               1
by the directive on rear-view mirrors for motor vehicles , it was not
••             '         "•     <                                - ■          , ■ '
possible here to lay down conditions concerning the field of vision
for two-wheeled vehicles : in view of the rotating movements of the
handlebars and the angle at which these vehicles take curves , it would -.
have keen pointless to define requirements that could only have teen
verified and properly observed when the vehicle was stationary.
Article 8 lays down the procedure for adapting to technical progress
the requirements in Article 4 and the data in the Annex. .                 ." '
Finally , Article 9 stipulates the final date by which Member States
are obliged to put into force the ^provisions needed in order to comply
with the directive .              _                      :
A
   Directive 71/ 127/eEC ( OJ No L 68 of 22.3*1971 )» as amended by Directive
79/795/EEC (OJ No L 239 of 22.9.1979 ).
 ---pagebreak---                                      ~ 4 ~
 III . CONSULTATION OF TOE EUROPEAN PARLIAMENT AND THE •
       ECONOMIC AND SOCIAL COMMITTEE
Pursuant to the provisions of Article 100(2 ), the opinion of these two
"bodies is required .
 ---pagebreak---                                      - 5 -
  THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
                                               ?
 Having regard "to the Treaty establishing the European Economic Community ,
  and in particular Article 100 thereof ;                                           -
            • •'      -             , '                     (.            '           -
 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 requirements which two– or three–wheeled vehicles must
- satisfy pursuant to national laws relate , inter alia , to their  .
  rear-view mirrors ;           *          -
                                                          ■           .
  Whereas these requirements , whether already in force or merely in draft , differ fro
 one Member State to another ; whereas it is therefore necessary that all
  Member States adopt the same requirements either in addition to or
  in place of their existing requirements ;
  Whereas the increased numbers and use of two- and three–wheeled vehicles
  increase the risk of road accidents ; ' whereas it is therefore necessary
  to improve road safety by requiring these vehicles to be fitted with one
  or two rear-view mirrors designed to give a view to the rear and to the
  sides of the vehicle ;                                                1
  Whereas the approximation of national laws on two– or three–wheeled
  vehicles^necessitates reciprocal recognition by Member States of the checks
  carried out by each of them on the basis of the common requirements ;.
  HAS ADOPTED THIS DIRECTIVE :
                                  Article 1
  For the purposes of this directive , "vehicle " means any two– or
  three–wheeled vehicle , with or without a cab , fitted with an engine ,
  intended for use on the road and having a maximum" design speed of
  more than 25 km/h.
 ---pagebreak---                                     Article 2
For the purposes of this Directive " national type approval " means the
administrative procedure known as :
– agreation par type/aarmeming, in Belgian law,
-    standardtypegodkendelse , in Danish law ,
-   allgemeine Betrietserlaubnis , in German law .
-    reception par type , in Prench law ,
–    type approval , in Irish law ,
-    omologazione or approvazione del tipo , in Italian law ,
–    agreation, in Luxembourg law ,
–.   typegoedkeuringy in Dutch law ,
-    type approval , in United Kingdom law .
                                       Article 3
At .-the request of a .manufacturer or his authorized representative ,       Member
 States        • shall check that a type of vehicle complies with the
 provisions       of     Article 4 ( l)r ( 2) and ( 3) 0 Ho application in respect of
any one type of vehicle may "be submitted to more than one Member State .
                                       Article 4
1.    All two-wheeled vehicles with a maximum aesign speed not exceeding
       80 km/h shall "be fitted with a rear-view mirror . This reai^-view
      mirror shall be situated on the left of the vehicle in Member States
      where traffic moves on the right and on the right of the vehicle in
      Member States where traffic moves on the left ,
2 . All two-wheeled vehicles with a maximum design speed exceeding 80' km/h
      and all three-wheeled vehicles shall be equipped with two rear–view
      mirrors , one on the left and one on the right of the vehicle .
3.    The rear-view mirrors of all vehicles shall comply with the requirements
                                1    .           .....      . .  _         2
      of Directive 71/ 127/EEC as Last amended by Directive 79 / 795 / EEC . However
      the requirements concerning field of vision shall not apply to two-wheeled
      vehicles .
  OJ iïo L 68 , 22.3.1971 , p.1 .
20J No L 239 . 22.9.1979 .
 ---pagebreak--- 4 » When the checks have teen completed , the Member State shall issue a •
         rear-view mirror certificate for "the vehicle , hereinafter called
                       %
         "the certificate", using the model given in the Annex and specifying
         in particular vhether or not the type of vehicle complies with the
         provisions of this Directive .
5 . Every Member State haVing issued a certificate that a type o"f                 A
      • vehicle complies with the provisions of this Directive shall take
         the necessary measures to verify , insofar as is necessary and if
         need "be in cooperation with the competent authorities of other
         Member States , that production models conform to the type for which
         the   certificate was issued .   Such verification shall -be limited to
         spot checks .                         _
                                        Article 5
The competent authorities of a .. Member State shall send within one
month to the competent authorities'" of the other Member' States a copy of
the certificates                 for each type of vehicle which they have
 checked . Thie applicant shall also be issued with a copy of the
 certificate .       The other Member State shall . treat this document as . proof      '
that the        provisions   of this Directive are met .
                                        Article 6                                    . .
 1.       In those Member States where •    , vehicles or certain categories ; •
          thereof j are subject to national type approval , that approval shall "
          be based on the provisions of this Directive instead of the
     ' corresponding national requirements if the manufacturer or his
          authorized representative so requests .                              -
 2 . No Member State where '         vehicles or certain categories thereof
          are not subject to national type approval may refuse the registration
          or prohibit the sale , entry into service or use of such vehicles on
    - the grounds that the provisions, of this Directive have been ■
          complied with instead of the corresponding national requirements .
                                       Article 7
 1 . Every Member State having issued a certificate that a type of vehicle
       • complies with the provisions of this Directive shall take the necessary
 ---pagebreak---     measures to ensure that it is informed of any mochf ication to the
    type of vehicle .
2.   If the State in question considers that such a modification does not
     involve any charge in the data on the basis of which the certificate
     was issued ,, the competent authorities of that State shall so inform the
     manufacturer or his authorized representative .
3.   If, however ,, the State in question finds that a modification warrants
     fresh checks and that it is accordingly necessary to amend the
     existing certificate or complete a fresh certificate , the competent
     authorities of that State shall so inform the manufacturer or his
     authorized agent /             and shall , within one month . 'from the date
     on which the new documents       are drawn up , forward these documents
     to the competent authorities of the other Member States , together with
     a note of the 'frame number of the last vehicle manufactured in conformity
     with the old certificate and , where appropriate , of the frame number of
     the first vehicle manufactured in conformity wit-h the amended or new
      certificate .
                                      Article 8
           Α
Any amendments necessary to adapt to technical progress the requirements of
 Article 4(1 ), ( 2 ) and ( 3 ) and of the Annex hereto shall be adopted in
accordance with the procedure provided for in Article 13 of
                       ' "1■                • I   ^ •   •  "IA
Directive 70 / 156 / EEC , as last amended by Directive 78 / 547 / EEC .
                                      Article 9
1.   Kember States shall put into force the provisions needed in order
     to comply with this Directive "before 1 October 1981 and shall forthwith
      inform the Commission thereof .
2 . Member States shall communicate to the Commission the texts of the -main
     provisions of national law which they adopt in the field covered by this
     Directive .
  OJ No L 42 , 23.2.1970 , p. 1 .
  0J Ho L 168 . 26.6.1978, p. 39
 ---pagebreak---                              * Article 10
This Directive is addressed to the Member States . •
                                         Done at Brussels
                                          For the Council
                                           The President
 ---pagebreak---                                            ANTTEX
                                         MOSEL
                                                             Name of administration
                REAR–VIEW MIRRORS FOR TOO- OR THREE-WHEELED VEHICLES     '    -
                                         CERTIFICATE
  ( in accordance with Council Directive 80/.../EEC on the approximation of
 the laws of the Member States on rear-view mirrors for two- or three-wheeled
 vehicles )
 Drawn up on the "basis of :                          .
  Report No ..........              name of examining body                 Date ••...•
                          (*)                              (*)
  1.          Two-/three–wheeled vehicle , without /with       cab
  1.1         Manufacturer :, •••,
  1.1.1       Authorized agent :
  1.2       . Type : .. ...........
  1.3     .   Model :
  1.3*1       Version:
  1.4         i^auie Ko.i ......
  2.          Engine :
  2.1         Manufacturer :
  2.2         Type :
  2.3   .     Model :
  2*4         Maximum output ( indicate standard used): .......kW at ....... r/min
                                  »
  2.5         Maximum design speed :                           .km/h
  3.          Rear-view mirror ( s )
  3.1         Number :
  3.2         Manufacturer :
  3.2.1       Authorized agent of the manufacturer if applicable :
  3.3         Model :
  3*4         TYpe :
  3*5         Type approval number :
*)
    Delete     as appropriate :
 ---pagebreak---                                   -2 -
                                                                  ΑΪΓΤΓΕΧ -
4«     The type of vehicle conforms/does not conform*" with the requirements
       of Directive 80/..««/EEC
5.     Place :
6.     Date :
7.     Signature :
*Delete as appropriate .