CELEX: 
Language: en
Date: 2019-02-18
Title: COMMISSION IMPLEMENTING REGULATION (EU) …/... laying down detailed provisions as regards the use of rear aerodynamic devices pursuant to Directive 96/53/EC

COMMISSION IMPLEMENTING REGULATION (EU) …/...
            
            
               of XXX
            
            
               laying down detailed provisions as regards the use of rear aerodynamic devices pursuant  to Directive 96/53/EC
            
            
               THE EUROPEAN COMMISSION,
            
            
               Having regard to the Treaty on the Functioning of the European Union,
            
            
               Having regard to Council Directive 96/53/EC of 25 July 1996 laying down for certain road vehicles circulating within the Community the maximum authorised dimensions in national and international traffic and the maximum authorised weights in international traffic
                  1
               , and in particular Article 8b(4) thereof, 
            
            
            
               Whereas:
            
            
               (1)Improved aerodynamic performance of vehicles has a significant potential to reduce fuel consumption and thus to reduce CO2 emissions. However, significant improvements in the aerodynamic performance of vehicles are not possible unless the authorised dimensions of road vehicles, including the devices, allow this. Therefore, Directive 96/53/EC was amended in order to provide derogations to the maximum authorised length for vehicles, at the front and at the rear, subject to certain conditions. 
            
            
               (2)To ensure the safety of the retractable or foldable aerodynamic rear devices, the situations where such devices should be open and closed should be specified, in particular, with regard to the proximity of other road users, the special characteristics of the area and the speed limits. The compatibility of retractable or foldable aerodynamic rear devices with intermodal transport operations should also be ensured, notably when manoeuvring on and off intermodal transport units and to withstand wind forces when being transport on such units.   
            
            
               (3)The measures provided for in this Regulation are in accordance with the opinion of the Committee referred to in Article 10i(2) of Directive 96/53/EC, 
            
            
            
               HAS ADOPTED THIS REGULATION:
            
            
               Article 1
            
            
               Subject matter
            
            
               This Regulation lays down detailed provisions for the use of aerodynamic rear devices mounted on vehicles in accordance with Directive 96/53/EC. 
            
            
               Article 2
            
            
               Definitions
            
            
               For the purposes of this Regulation, the following definitions apply:
            
         
         
            
               (a)’devices’ means aerodynamic devices mounted at the rear of trailers of vehicles or vehicle combinations;
            
            
               (b)‘open position’ means the position of devices in a deployed aerodynamic drag-reducing position;
            
            
               (c)‘closed position’ means the position of devices in a folded or retracted position, which is safely secured.
            
            
               Article 3
            
            
               Operational conditions
            
            
               1.The driver shall ensure that the devices are in the closed position in situations or areas where limited infrastructural capacity requires special attention or consideration, in particular:
            
            
               (a)while manoeuvring, reversing and parking the vehicle;
            
            
               (b)when the vehicle is stationary or parked;
            
            
               (c)while loading and unloading goods.
            
            
               2.The driver shall ensure that the devices shall be in the closed position in urban areas where the maximum speed limit is 50 km/h or less and in areas where there may be vulnerable road users.
            
            
               3.The driver shall ensure that the following requirements are complied with under intermodal transport operations:
            
            
               (a)in preparation of and during intermodal transport the devices shall be in the closed position;
            
            
               (b)vehicles fitted with devices shall not be wider than 2 600 mm, thus protruding by maximum 250 mm on each side of standard vehicles in accordance with point 1.2 (a) of Annex I to Directive 96/53/EC; 
            
            
               4.Defective, unsafe or malfunctioning devices shall be kept in the closed position or, where possible, immediately removed by the driver. 
            
            
               Article 4
            
            
               Entry into force
            
            
               This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
            
            
               This Regulation shall be binding in its entirety and directly applicable in all Member States.
            
            
            
         
         
            
               Done at Brussels,
            
            
               
                     For the Commission
               
               
                     The President
               
               
                     Jean-Claude JUNCKER