CELEX: 51991PC0291
Language: en
Date: 1991-07-30
Title: PROPOSAL FOR A COUNCIL DIRECTIVE ON THE INSTALLATION AND USE OF SPEED LIMITATION DEVICES FOR CERTAIN CATEGORIES OF MOTOR VEHICLES IN THE COMMUNITY

COMMISSION OF THE EUROPEAN COMMUNITIES
                                             COM(91) 291 final
                                             Brussels, 30 July 1991
                                    Proposal for a
                                  COUNCIL DIRECTIVE
!*2fe>*";
               on the installation and use of speed limitation devices
              for certain categories of motor vehicles in the Community
                            (presented by the Commission)
 ---pagebreak---                                            - 2 -
                                EXPLANATORY MEMORANDUM
Introduct ion
1.  The underlying        proposal     for a Council           Directive concerns the
    harmonized    application of           speed      limitation     devices      for    heavy
    goods    vehicles      and    buses     being      used    on     the    road     in   the
    Community.
2.  In some Member           States     (F and       UK) speed         limitation      devices
    have already        been made        compulsory       for   certain     categories of
    vehicles whilst         in other Member States (e.g. NL and UK) an
    introduction      or     extension      of     such     an    obligation       is    being
    considered.
    Reasons     for      these     national        legislative       measures       are    the
    beneficial      effects      of      speed       limitation       devices      on     road
    safety, energy        consumption and environment. However, as these
    devices are currently applied on the basis of different set
    speeds and only by a proportion of the vehicles of the same
    category that circulate            in the Community, the positive                   impact
    is reduced and the conditions of competition between hauliers
    that use lorries and buses with or without these devices are
    distorted.
    Therefore,     a     Community       legislation        aiming     at    a     harmonized
    application of speed           limitation devices on vehicles                 which are
    most involved in international transport is justified.
    Talcing   into account        cost effectiveness, availability                 of    speed
     limitation      devices        and      the       above-mentioned          aspect      of
    distortion of competition             in transport on           long distances, the
    proposal      is       limited       to      the       following       categories       of
    motorvehicles,         as     defined         in      Annex       I     to      Directive
    70/156/EEC<1> :
    - Category M3:        Vehicles         used         for       the       carriage        of
                           passengers,         comprising         more        than       eight
                           seats     in     addition        to    the     driver's       seat,
                           and    having       a     maximum      weight      exceeding      5
                          metric tonnes.
    - Category N3:        Vehicles       used      for      the    carriage       of     goods
                           and    having      a     maximum      weight      exceeding      12
                          metric tonnes.
    A    possible      extension      of     the      scope     of     the     proposal     to
    categories     of     lighter     commercial        vehicles     can    be     considered
    on the basis of future experience.
(1)    OJ No L 42. 23.2.1970, p. 1.
 ---pagebreak---                                                   3 -
Other related Commission proposals
3.  On 16 January 1989 the Commission adopted a proposal for a
    Council       Directive          on      harmonized        speed        limits       for      all
    categories of vehicles that are used on the road, except cars
    (C0M(88)706).         In that          proposal     for     the different           categories
    and     roads        (urban,        non-urban        and     motorways)         a     set      of
    differentiated speeds are prescribed.
    Because of legal objections of some Member States as regards
    Community       legislation on behavioural                  aspects of         road safety,
    that     proposal       was until          now     not     adopted       by    the     Council.
    However, the speed                limits which were proposed                  are now the
    basis      for      the      proposed       harmonised       set      speeds       for     speed
     I imitation devices.
4.  On    19 July 1991, the Commission                       adopted      a proposal          laying
    down the technical requirements for the purpose of EEC type
    approval        of      speed         limitation        devices        and      of       certain
    categories        of       motorvehicles          equipped        with       these       devices
    (C0M(91)240).
    After       adoption        of       this      proposal        and     when       the      total
    harmonisation of             type approval          in the Community              comes      into
    effect,        speed          limitation         devices        would        gradually          be
     introduced       for       the     Community        vehicles       of      the     categories
    concerned by the process of normal replacement. However, this
    would sti II mean a                 long period with only a part of the
     vehicles      of     the      same      category       being      equipped       with     speed
     I imitation dev i ces.
     It is obvious that, especially                       in International transport of
     goods    and      passengers, only             a general         application        of     these
     devices, with          the same set              speeds,      is acceptable           for all
     users and enforcement authorities. Differences                             in the maximum
     speed that can be reached by the motorvehicles used in this
      international        transport         could      disturb       the      competition         and
     provoke       frustration            and     manipulation          of       the       installed
     dev i ces.
     As    regards       technical         aspects     the     underlying        proposal       makes
      full reference to the technical requirements as laid down in
      the type approval proposal which are based on internationally
     agreed prescriptions and practice.
 Influence     on    safety,        fuel     consumption,       environment        and     transport
 economy
 5.   Speed     -     especially          in    relation        to     traffic       and      weather
      conditions - has a significant effect on « accidents and their
      consequences.         In     general       the      seriousness        of     accidents        is
      related to high speed for the following reasons:
 ---pagebreak---                                               - 4 -
     The     faster      the     speed,      the    shorter       the     available        reaction
      tttie to avoid an accident.
     The faster the speed, the longer the braking distance.
     The      fastor       the      speed            or      the      greater         tho      speed
     differential between vehicles involved                       in an accident - the
     greater the impact.
     The faster the speed, the greater the amount of road water
     spray produced and hence the greater obscuration.
   Because      of    the       limited       application       until       now,      significant
   figures      about     the     relation       between      use     of     speed      I imitation
   devices        and       road       safety        are       difficult          to      provide.
   Nevertheless,         it      is     obvious       that      reduction        of      excessive
   speeds      and    speed       differentials        on     the      motorways        of     heavy
   goods vehicles and buses will                    improve traffic flow and reduce
   the      number       of      potential         dangerous        situations          and       the
   consequences of accidents.                  In this context            once more           it   is
   clear      that     the      aim      should     be     a     general       use     of      speed
   limitation devices by these vehicles.
6. The     reduced      fuel      consumption        by     the     application         of     speed
   limitation       devices       is     estimated      to     be     between       5    and      15%
   (depending on current               speed behaviour) for               the categories of
   vehicles      to which         the     proposal      applies      (M3      and     N3).     These
   estimations       are      based      on    experiences        of     fleet     owners        that
   introduced       speed       limitation        devices      to      their      fleet       on    a
   voluntary basis.
   These     energy       savings       have     beneficial        side     effects         in    the
   environment and on the economy of transport.
7. The     production        of     C0 2     is    directly       related       to      the      fuel
   consumption       so    this emission           will     be     reduced      proportionally.
   CO 2    is one of          the substances responsible                for     the greenhouse
   effect. Lower speeds outside urban areas will a                              so reduce the
   emission      of      nitrogen        oxides      (NOv).      NO,       is    one      of      the
   substances      that causes the acid deposition and                           the death of
   forests in large areas of Europe.
8. As     regards      the      effect      on     the     economy       of     transport         the
   following calculation was                made on       the basis of            investigations
   in the Netherlands:
      A speed       limitation device has a cost of ca. 1000 ECU if
      retrofitted on a heavy goods vehicle or a bus,
      The energy savings can be estimated at 1500 ECU per year,
      Because of        the equalized speeds during driving the wear of
      the tyres is reduced by ca. 30% which saves ca. 500 ECU per
      year,
      In general , no real time differences                        in Journeys were noted
      between veh icles with or without a speed limitation device.
 ---pagebreak---                                      - 5 -
   The above figures show that a speed limitation device is an
   investment that pays off within a year so retrofitting can be
   justified for most heavy goods vehicles and buses which are
   in use.
   In order to balance cost and benefits it is proposed                     to make
   the use of speed         limitation devices compulsory            for    M 3 and
   N 3 motorvehicles which are registered after 1 January 1985.
9. Contents of the proposal
   Article 1          defines     the     categories    of     motorvehicles       to
                      which the proposal applies.
   Articles 2 and 3   lay    down     the    obligation     to    have    a     speed
                      limitation      device     set at       harmonized       speeds
                      (100      km/h       and     80      km/h)       if       these
                      motorvehicles are used.
   Article 4          refers      to     the     proposal      for     a     Council
                      Directive      concerning     EEC     type     approval      of
                      speed limitation devices.
   Article 5          regulates      the     possible     exemptions       to     the
                      proposed Directive.
   Articled           sets the date of entry               into force       of    the
                      proposed Directive at 1 October 1992.
 ---pagebreak---                                 Proposal for a
                              COUNCIL piRECTiVg
          on the installation and use of speed limitation devices
         for certain categories of motor vehicles in the Community
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 Par I lament(2*,
Having regard to the opinion of the Economic and Social Committee*3*,
Whereas one of the objectives of a common transport policy is to lay down
common rules applicable to international transport within the Community and
to facilitate the circulation of vehicles;
Whereas the growth of road traffic and the resulting increase in danger and
nuisance present   all Member    States with  road safety  and   environmental
problems of a serious nature;
Whereas the available engine power      for heavy goods vehicles and buses
needed for climbing slopes enables them to be driven on        level roads at
excessive speeds that are not compatible with the specifications of other
components of these vehicles, such as brakes and tyres,      and whereas for
that reason and for reasons of environmental protection in certain Member
States speed I imitât ion devices were made compulsory for certain categories
of motor vehicles;
(1)   OJ No C
(2)   OJ No C
(3)   OJ No C
 ---pagebreak---                                      - 7 -
                                       (4)
Whereas Council Directive                  , [proposal of the Commission
C0M(91) 240] provides for compulsory installation of speed limitation
devices for the purpose of EEC type-approval of certain categories of new
motor vehicles, as well as for the technical specifications for EEC type-
approval of such devices;
Whereas the beneficial effects of speed limitation devices on the
environment, fuel consumption and road safety should be enforced by a more
general application of these devices;
Whereas for reasons of equal conditions of competition it is necessary to
complement the requirements for EEC type-approval of new motor vehicles by
requirements on the instaliation and use of speed limitation devices, on
the basis of common set speeds, for all motor vehicles, of certain
categories which were registered from a certain date;
Whereas, as a first step, such requirements should be introduced in the
case only of the heaviest categories of motor vehicles which are most
involved in international transport and thereafter, depending on technical
possibilities and experiences in Member States, should be extended to
 lighter categories of motor vehicles,
HAS ADOPTED THIS DIRECTIVE :
                                    Art Ifill1               '•-.:,f;.-\..j. :•
 For the purposes of this Directive 'motor vehicIV means any power driven
 vehicle falling within one of the categories listed below, as defined in
  Annex 1 to Council Directive 70/156/EEC< 5 >, intended for use on the road,
  having at least four wheets and a maximum design speed exceeding 25 km/h.
        -        Category M 3 :  Vehicles used for the carriage of passengers,
                                 comprising more than eight seats in addition
                                 to the driver's seat, and having a maximum
                    ••• • ^"'••>   ' «eight exceeding 6 metric tonnes.
   (4)  OJ No L
   (5)   OJ No L 42, 23.2.1970, p.  1.
 ---pagebreak---                                       - 8 -
              Category N 3 :     Vehicles used for the carriage of goods and
                                 having a maximum weight exceeding 12 metric
                                 tonnes.
                                    Article 2
Member States shall ensure that motor vehicles of the category M 3 , which
are registered in a Member State     from 1 January 1985, shall be used on the
road only if speed limitation devices are installed for which the maximum
speed is set at 100 km/h.
                                    Article 3
Member States shall ensure that motor vehicles of the category N 3 , which
are registered  in a Member State from      1 January 1985, shall   be used on
the road only   if speed     limitation devices are   installed for which  the
maximum speed is set at 80 km/h.
                                    Article 4
Speed limitation devices     as prescribed in Articles 2 and    3 shall fulfil
the technical specifications as laid down in Directive           [that will be
adopted on the basis of Commission proposal COM(91) 240].
                                    Article 5
1.    The requirements of Articles 2 and 3 do not apply to :
      motor vehicles used by armed forces, civil defence, fire services and
      forces responsible for maintaining public order;
      motor vehicles which by their construction cannot drive faster than
      80 km/h. for category N 3 or 100 km/h. for category M 3 ;
      motor vehicles only used for public services in urban areas.
 ---pagebreak---                                      - 9 -
2.     Member  states may,  after   having  obtained   prior  approval   of  the
Commission, exempt other categories of vehicles from Articles 2 and 3.
                                   Article 6
1.    Member States shall    bring   into force the provisions necessary to
comply with this Directive before 1 October 1992. They shall         immediately
Inform the Commission thereof.
When Member States adopt these provisions,    these shall contain a reference
to this Directive or shall be accompanied by such     reference at the time of
their  official  publication.  The procedure    for  such   reference shall   be
adopted by Member States.
2.    Member States shall communicate to the Commission the text of the
provisions of national   law which they adopt in the field covered by this
Directive.
                                   Article 7
This Directive is addressed to the Member States.
 Done at Brussels,                               For the Council
                                                 The President
 ---pagebreak---                                           - 10 -
               Competitiveness and Employment Impact Statement
I.   What is the main reason for Introducing this measure?
     This    proposal      concerns      the    compulsory        installation       and   use
     of   speed     limitation devices, set               at    harmonized       speeds    for
     heavy    goods      vehicles      above     12    tonnes      and     buses     above   5
     tonnes which were registered after 1 January 1985.
     As these devices were made compulsory                       in some Member States
     and     other     Member       States      consider        the      introduction      for
     reasons     of    road     safety, environment            and reduction of           fuel
     consumption,       a    harmonisation        in    this      field     is    needed    in
     order     to    increase       the     beneficial       effects      and     to    remove
     possible distortions of competition.
II.  Features of the business in question
     All enterprises which use these vehicles.
III. What     obligations        does      this     measure        impose      directly     on
     business?
     Heavy      vehicles      and     buses     can      only      be     used     if    speed
      limitation     devices       are     installed.        This      implies     that    new
     motorvehicles of           these    categories        shall    be     bought     with   a
     speed     limitation devices and that these devices have to be
     retrofitted      on     those     vehicles      registered        after     1985.    Cost
     estimations based on experiences of fleet owners show that
     a    retrofitted       speed     limitation       device      pays     off    within    a
     year because of reduced fuel consumption and wear of tyres.
IV.  What     indirect     obligations        are    national.        regional     or    local
     authorities likely to impose on business?
      Implementation of the obligations as described in III.
V.   Are there any special provisions in respect to SME's?
     None.
VI.  What is the likely effect on;
     a) The competitiveness of business
         The     internal      competitiveness        of     enterprises       using     speed
         limitation       devices       will      be      equalized        by     prescribing
         these devices to all motorvehicles concerned.
     b) Employment
         Neutral.
 ---pagebreak---                                         11 -
Vil. Have      the      relevant      representative        organisations       bem
     consulted ?
     Road    haulage     organisations      are    against     national     measures
     because of      assumed    distortions of competition. Thsy             do not
     want    speed     limits    to    be    enforced     by    means    of    speed
     limitation     devices. Moreover       a   tolerance     of    10 km    between
     the   legal    maximum    speed    limit   and    the   set    speed   of   the
     devices     is    requested.     Unions     do    not     like    professional
     drivers to be stigmatized as the ones that always drive 'loo
     fast.    Nevertheless,      an   international      regulation     wi!i    meet
     more acceptance.
 ---pagebreak---  ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM (91) 291 final
                                                      DOCUMENTS
EN                                                                              °7
                                 Catalogue number : CB-CO-91-347-EN-C
                                                             ISBN 92-77-74844-3
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