CELEX: 51991PC0417
Language: en
Date: 1991-11-13
Title: Amendment to the Proposal for a COUNCIL DIRECTIVE amending Directive 85/3/EEC on the weights, dimensions and certain other technical characteristics of certain road vehicles

COMMISSION OF THE EUROPEAN COMMUNITIES
                                          C0M(91) 417 final
                                          Brussels, 13 November 1991
                   Amendment to the Proposal for a
                          COUNCIL DIRECTIVE
             amending Directive 85/3/EEC on the weights,
       dimensions and certain other technical characteristics
                      of certain road vehicles
      (presented by the Commission pursuant to Article 149(3)
                         of the EEC-Treaty)
 ---pagebreak---                                                                                 z
                              Explanatory Memorandum
  Background:
  The Commission's     proposal  C0M(90)486 <1>  amending   Directive  85/3/EEC
  concerns the technical requirements that should be met in order that a
  heavy goods vehicle or public service vehicle that first enters service
  after 1 January 1993 may operate at a drive axle weight exceeding 10.5
  tonnes up to a maximum permitted weight of 11.5 tonnes or in the case
  of a tandem drive axle at a weight above 18 tonnes up to a maximum
  permitted weight of 19 tonnes. Those technical requirements are defined
  in Annex   III to the proposed Directive and, in essence would require
  the   use  of    twin   tyres,  air  suspension   or   its  equivalent.   The
  equivalence of air suspension along with appropriate test procedures
  are defined.
  Both   ESC < 2 ) and  the European Parliament <3>    proposed  amendments  to
  the proposal, those of the European Parliament are fully taken on board
  in this amendment and in so doing many of the amendments tabled by ESC
  are included. The essence of the amendments accepted by the Commission
  is as fol lows:
(1)    OJ n* C 292, 22.11.1990, p.12
(2)    Opinion of the ESC
(3)    Opinion of the European Parliament
 ---pagebreak---     a delayed implementation date of two years till 1 January 1995;
    permitting tandem drive axles to be used at a maximum gross weight
    above 18 tonnes and up to 19 tonnes without the need to comply with
    the technical requirements of Annex III provided the maximum weight
    of either axle does not exceed 9.5 tonnes;
    permit manufacturers an alternative test procedure to demonstrate
    the equivalence of a suspension system to that of air suspension.
It is consequently proposed that the proposal for Directive be amended
along those Iines.
 ---pagebreak---                                                                                             V
                 Amendment to the proposal for a Council Directive
                          amending Directive 85/3/EEC on the
        weights, dimensions and certain other technical characteristics
                               of certain road vehicles
   The   proposal    from   the Commission    forming   the    subject    of  document
                       (1)
   COM(90)486 final         is hereby amended as follows.
 Initial     text    proposed    by    the                 Amended Text
Commission
                                   (Amendment No. 1)
                                      ARTICLE 1 (1)
                          Article 4(3) (Directive 85/3/EEC)
"3.For     vehicles    referred    to   in    "3.   For  vehicles      referred     to   in
Annex    I which are first put        into    Annex   I which     are   first   put    into
circulation from January 1993 the             circulation    from    January    1995    the
provisions of      Article    3(1) shall      provisions    of   Article     3(1)    shall
apply when the drive axle is at its           apply when the drive axle is at its
maximum authorized weight of 11.5             maximum   authorized     weight    of    11.5
tonnes    and   where   it   is equipped      tonnes and where it is equipped with
with twin tyres and air suspension            twin   tyres   and   air   suspension      or
or suspension recognized as being             suspension      recognized      as     being
equivalent within the Community as            equivalent   within the Community          as
defined         in      Annex       III."     defined        In        Annex         III."
(1)    0J N* C 292, 22.11.1990, p. 12.
 ---pagebreak---                                                                                 J"
Initial   text   proposed   by   the                 Amended text
Commission
                              (Amendment No. 2)
                                ARTICLE 1(2)
                 Annex I, point 2.3.2. (Directive 85/3/EEC)
2.3.2.  Three-axle motor vehicles       2.3.2.   Three-axle motor vehicles
- 25 tonnes                             - 25 tonnes
- 26 tonnes where the driving axle      - 26 tonnes where the driving axle
is fitted with twin tyres and air        is fitted with twin tyres and air
suspension or suspension recognized     suspension or suspension recognized
as  being   equivalent  within   the    as   being   equivalent    within   the
Community as defined in Annex III.      Community as defined     in Annex  III.
                                        There is no need to demonstrate such
                                        equivalence    for  tandem   axles  the
                                        heaviest of which does not exceed
                                        9.5 tpnnes In weight.
 ---pagebreak---  initial   text   proposed   by    the
Commission                                             Amended Text
                                (Amendment No. 3)
                                  ARTICLE 1(2)
                  Annex I, point 2.3.3. (Directive 85/3/EEC)
2.3.3.   Four-axle   motor   vehicles     2.3.3.   Four-axle      motor    vehicles
with two steering axles                   with two steering axles
- 32 tonnes where the driving axle        - 32 tonnes where the driving axle
is fitted with twin tyres and air         is fitted with twin tyres and air
suspension or suspension recognized       suspension or suspension recognized
as   being   equivalent  within    the    as   being   equivalent      within   the
Community as defined in Annex III.        Community as defined in Annex III.
                                          There is no need to demonstrate such
                                          equivalence    for    tandem   axles  the
                                          heaviest   axle    of   which   does  not
                                          exceed 9.5 tonnes in weight.
 ---pagebreak---                                                                                    ]
 Initial   text   proposed   by   the                 Amended text
Commission
                               (Amendment No. 4)
                                 ARTICLE 1(2)
                  Annex I, point 3.5.3. (Directive 85/3/EEC)
3.5.3.   1.3 m or greater but    less    3.5.3.   1.3 m or      greater   but less
than 1.8 m (1.3 m < d <     1.8 m) -     than 1.8 m (1.3 m { d < 1.8 m) - 18
18 tonnes                                tonnes
- 19 tonnes where the driving axle       - 19 tonnes where the driving axle
is fitted with twin tyres and air        is fitted with      twin tyres and air
suspension or suspension recognized      suspension   or suspension recognized
as   being   equivalent  within   the    as   being   equivalent      within   the
Community as defined in Annex III.       Community as defined in Annex III.
                                         There Is no need to demonstrate such
                                         equivalence    for    tandem   axles  the
                                         heaviest   axle    of   which   does  not
                                         exceed 9.5 tonnes in weight.
 ---pagebreak--- Initial    text    proposed     by    the                  Amended text
Commission
                                   (Amendment No. 5)
                         ARTICLE 2(1), first subparagraph
1.   The Member States shall, after           1.   The Member   States shall, after
consultation    with   the   Commission,      consultation    with   the   Commission,
bring     into    force     the     laws,     bring     into    force     the    laws,
regulations      and     administrative       regulations      and     administrative
provisions necessary to comply with           provisions necessary to comply with
this   Directive   not    later  than 1       this   Directive   not   later   than   1
January 1993.                                 January 1995.
Initial    text    proposed     by    the                  Amended text
Commission
                                   (Amendment No. 6)
                                          ANNEX
               Annex      , point 6 (ca) (new) (Directive 85/3/EEC)
                                              PX
                                              (ca)   be tested by other procedures
                                                     where   their   équivalence    has
                                                     been
                                                     demonstrated         by        the
                                                     constructor         to         the
                                                     satisfaction of the technical
                                                     service.
 ---pagebreak---                                              5
                  Remainder unchanged*
Done at Brussels.            For the CounciI
 ---pagebreak---  ---pagebreak---                                                                                 <io
                                                                     BSN 0254-1475
                                                              COM(91)417final
                                                      DOCUMENTS
EN                                                                             07
                                 Catalogue number : CB-CO-91-461-EN-C
                                                             ISBN 92-77-76734-0
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