CELEX: 51973PC2128
Language: en
Date: 1973-12-21
Title: PROPOSAL FOR A COUNCIL DIRECTIVE on the approximation of the laws of the Member States relating to the external projections of motor vehicles (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (73) 2128
Vol. 1973/0386
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 ---pagebreak---    5SION OB THE EUROPEAN COMMUNITIES
                                                     COM(73)2128 final
                                                     Brussels , 21 December 1973
                     PROPOSAL FOR A COUNCIL DIRECTIVE
                on the approximation of the laws of the
Member States relating to the external projections of motor vehicles
             ( submitted to the Council by the Commission)
       COM(73 ) 2128 final
 ---pagebreak---                           EXPLANATORY MEMORANDUM
This proposed Directive is to form part of the Community type–approval
procedure referred to in Council Directive 70/156/EEC of 6 February
1970(1 ).
On 9 July 1970 Belgium notified the decisions M(69)15 and M(69)l6 adopted
on 8 April 19^9 by the Committee of Ministers of the Benelux Economic
Union concerning some technical requirements for motor vehicles , trailers
and semi-trailers and in particular the external fitting .
On 2 July 1970 Luxembourg notified a draft regulation modifying and com­
pleting the order of 23 November 1955 regulating traffic on all public
roads and relating , inter alia to the external fitting .
On 15 September 1971 , France notified the Commission of a draft order
concerning the external fittings .
The Commission asked these Member States to delay the implementation of
the draft orders .    They complied with its request . It is thus necessary
to forward a proposal for a Council directive on this subject .
The proposal concerns technical requirements for the construction and
                                                  %
testing of the external projections .
In drafting its proposal , the Commission based itself on the work ( 2 )
accomplished in this field by the Economic Commission for Europe , in
Geneva ; as far as trade is concerned , this is bound to offer an addi­
tional advantage as a very large number of states are represented in the
ECE .
The Directive is applicable only to motor vehicles belonging to category
M]_, intended for use on the road , with at least four wheels . and a maximum
design speed exceeding 25 km/h ( Article l ).
Article 2 incorporates the requirements for external projections into the
EEC type-approval procedure .
( 1 ) O.J. N° L >2 , 23 February 1970 .
( 2 ) Regulation N° 26 "Uniform provisions concerning the approval of vehi­
      cles with regard to their external projections ( Doc . E/ECE/32k ;
      E/ECE/TRANS/505 Rev. 1/Add . 25 ).
 ---pagebreak---                                       - 2 -
A some new Member States have no national type~approval procedure yet ,
 some provisions arc      to be included to ensure that vehicles meeting
the requirements of the directive ( Article 3 ) could be used in these
States ( l ).
If the prototype is mortified , the Member State which has approved it
 shall be able to decide ^liather new teats must bo carried out ( Article 4 ).
Article 5 provides for the adaptation of the specifications in the An­
nexes in line with technical progress ; the procedure . is defined in
Article 13 of the Council Directive of 6 February 1970 on the approval
of motor vehicles and their trailers .
Article 6 lays down two tine-limits .       Before the expiry of the first
time-limit , the Member States cb all adopt and publish the necessary mea­
sures to comply with the Directive . The second tine-limit is the date on
 which all the Menbfer £>c,tes must simultaneously apply the connon rule ;:
 ( Article -( l ) ).
Finally , tiie Commission must be informed itfith reasonable notice of any
provisions the Member States intend to take in the field covered by the
Directive ; the information must be sufficient for the Commission to be
able to comment on the proposed provisions if necessary ( Article 6(2 )).
CONSULTATION OF THE EUROPEAN PARLIAMENT AND ECONOMIC AND SOCIAL COMMITTEE
Pursuant to the Rome Treaty , Article 100(2 ), the opinion -of these two
instituions is required .
(1)       O.J. N° L 73 » 27 March 1972 , "Documents concerning tne accession
      to the European Communities of the Kingdom of Denmark , Ireland
      and the United Kiugdaa of? great Britain and ITcrthern Irolasai': «
      Act concerning the conditions of accession and the .adjust in e nts to the
      treaties - Annex I , Title X.                         '
 ---pagebreak---  THE COUNCIL OF THE EUROPEAN COKUIHTIES
 Saving regard to the Treaty establishing the European Economic
 Coninunity, and in particular Article 100 thereof ;
 Having- regard to the proposal frcfi the Commission ;
Jfeving regard to the opinion of the European Parliament ;
 Having regard to the opinion cf the Economic and Social Committee ;
 Whereas the technical reqrdreoents which motor vehicles must satisfy
pursuant to national laws relate , inter alia , to the external projections ;
Whereas those requirements differ from 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 in order , in particular , to allow the ESC type-approval
procedure which was the subject of the Council Directive (70/15C/ESC)
of 6 February 1970 on the approximation of the laws of the Member
States relating to the type approval of motor vehicles and their
trailers to be applied in respect of each type of vehicle ( l );
Whereas it is desirable to adopt certain technical requirements adopted
by the UN Economic Commission for Europe in its Regulation No . 26
("Uniform provisions concerning the approval of vehicles with regard
to their external projections") ( 2) which is annexed to the agreement
of 20 March 1958 concerning the adoption of uniform conditions of
approval and reciprocal recognition of approval for motor vehicle
equipment and parts ;
Whereas these requirements apply to motor vehicles of category
     ( the international classification of motcr vehicles is given
in the above mentioned Council directive 70/l55/EECT of 6 February 1970) 5
Whereas the approximation of national laws relating to motor vehicles
includes reciprocal recognition by Member States of the tests carried
out by them individually on the basis of common requirements ,whereas
if the -system is to function properly these requirements must be applied
by all Member States from the same date ;
( l) O.J. ITo . L 42 , 23 February 1970 , p.l .
( 2) Economie Conniasion for Europe aocunent E /jCE A 24        )
                                  /    '     / E/tecs/TRMS /505 )ReV*   '5
 ---pagebreak--- HAS ADOPTED THIS DIRECTIVE :
                               Article 1
For the purposes of this Directive , " vehicle " means any motor vehicle
of class Mj_    intended for use on the road haying at least four wheels
and a maximum design speed exceeding 25 Km/h .
                               Article 2
No Member State may refuse to grant EEC type-approval or national type-
approval of a vehicle on grounds relating to the external projections
if these projections satisfy the requirements set out in Annexes I and
II .
                               Article 3 :                   - ■ ,
No Member State nay refuse or prohibit the sale or registration , entry
into service or use of a vehicle on grounds relating to the _external
projections if these projections satisfy the requirements set out in
Annexes I and II .
                               Article k
The Member State which has granted type-approval shall take thfe ntecessary
measures to be informed of any modification of a part or characteristic
referred to in item 2.2 . of Annex I. The competent authorities of that
State shall determine whether fresh tests should be carried out on the
modified prototype , and a fresh report drawn up .
Where such tests reveal failure "to comply with the requirements of this
Directive , the modification shall not be approved .
 ---pagebreak---                                   Article 5
The amendments necessary for adjusting the requirements of Annexes I ,
II and III so as to take account of technical progress shall be adopted
in accordance with the prooedure laid down in Article 13 of the Council
Directive ( 70/156 /EEC)- of 6 February 1970 on thu approximation of the laws
of the Member States relating to the type-approval of motor vehicles and
their trailers .
                                 Article 6
1 . The Member States shall adopt and publish the provisions needed in
    order to comply with this Directive before 1 January 197./ ans shall
    fort with inform the Commission thereof .
    They shall apply these provisions from 1 October 1975 •
2 . A soon as this Directive has been notified , the Member States
     shall inform          the Commission , in sufficient time to enable it
    to submit its comments , of any       dr^'t *        laws , regulations
    or administrative provisions which they intend to adopt in the field
    covered by the Directive .
                                 Article 7
This Directive is addressed to the Member States .
 ---pagebreak---                                             ANNEX I
  GENERAL DEFINITIONS ,' APPLICATION FOR EEC-j TYPE APPROVAL EEC TYPE APPRO­
  VAL , GENERAL SPECIFICATIONS , PARTICULAR SPECIFICATIONS , CONFORMITY OF
  PRODUCTION
  1 , ■" GENERAL
  1.1 .    The prescriptions of this annex do rot cnply to Bxfcsrrivir rec.r viocr
           nirrcira. .or to c-ccciirjorics GUC'I as r^xlio r.erials: ?nd lu t?, c. rr.cks . ;
  1.2 . - The purpose of these prescriptions is to reduce the risk or se­
           riousness of bodily injury to a person .hit by the bodywork or
           brushing against it in the event of a collision .
■ 2 .- ■   DEFI?IITIONS                                .   -
           For the purposes of this directive" :
  2.1 ,    "Type-anproval of a vehicl e " r.earts" the approval of. a" vehicle type
           with regard to its external projections ;
 '2.2 ., "Vehicle type as regards its' external project-
           tions " means a category of motor vehicles which do not differ
           in such essential respects as , shape or materials of the external
           surface ;                                                                     .
  2«3 »    "External surface " means the structural unit constituting the out­
           side of the vehicle and including the bonnet , the lid of the lug­
           gage compartment , the doors , the wings , and the visible strengthe­
           ning components ;
  2.4 .    "Floor line " means the line determined as fellows :
           successively position round a vehicle a cone with a vertical axis
           and with a half angle of 30° in such a way that it contacts , •
           constantly and as low as possible , the external surface of the
           bodywork. The floor line is the geometric trace of these points
           of contact . In determining tha floor line neither the jacking
           points , exhaust pipes or wheels will be taken into consideration .
           The gaps of the wheel arches sire assumed to be filled in by an
           imaginary stir face forming a smooth continuation of the surround­
           ing external surface ;
         The text of the annexes is similar to that of Regulation n° 2b of
         the Economic Commission for Europe of the United Nations ; in par­
         ticular the subdivisions of the items                are the same ; where an
         item of Regulation n° 26 has no corresponding item in the annexes ,
         the number is ncne the less given in brackets for reference pur­
         poses .
 ---pagebreak---                                               Annex I
"Radius of curvature " means the approximate extent of the
round as distinct from, a precite geometrical foriu .
APPLICATION' FOR EE£ TÏF^APPRQVAL ,      ....
The application for EEC type-approval of a vehicle type with
regard to its external projections shall be submitted J by
the vehicle manufacturer or by his representative .
It shall be accompanied by the following documents in tri­
 plicate i
Photographs of the front , rear and side parts of the vehicle ,
Drawings , with dimensions , of the bumpers and , where appro­
priate ,
Drawings of certain external projections and if applicable
 drawings of certain sections of the external surface refer­
red to in 6.9*1-
The following shall be submitted to the technical service
 responsible for the type~approval teste ;:              i -•
Either a vehicle representative of the vehicle type to be type
 approved or the part or parts of the vehicle regarded as
 essential for the checks and tests prescribed' byvthis l -
annex ;
At the request of the aforesaid technical service , certain
 components and certain samples af the materials used .
 EEC TYPE- APPROVAL
 ---pagebreak---                                                       Annex I
A form conforming to the model in Annex III shall be attached
to the EEC type-approval certificate .
GENERAL SPECIFICATIONS .
The provisions of this Annex shall not apply to those parts
of the external surface which , with the vehicle in the laden
condition , with all doors , windows and access lids etc ., in
the closed position , are either
at a height of more than 2 metres , or
below the floor line , or
located so that , in static conditions , they cannot be con­
tacted by a sphere 100 mm in diameter .
The external surface of vehicles shall not exhibit , directed
outwards , any pointed or sharp parts or any projections of
such shape , dimensions , direction or hardness as to be
likely to increase the risk or seriousness cf bodily injury
to a person hit by the external surface or brushing against
it in the event of a collision .
The external surface of vehicles shall not exhibit , directed
outwards , any parts likely to catch on pedestrians , cyclists
or' motor cyclists .
Subject to the provisions of                5*5 * f6 .1 . 3 - 6*5 ., 6.^.2 .,
6.7.1 „ , 6.8.1 . , 6.10 ., below , no - .protruding part cf the ex­
ternal surface shall have a radius of curvature less than
2.5 ram .
Protruding parts of the external surface , made of a material
cf hardness not exceeding 60 shore A , may have a radius of
curvature less than 2.5 mm .
PAPTICTTLAR SPECIFICATIONS
Ornament s
  ...                     v
Added ornaments which project more than 10 mm from their
support shall retract , become detached or bend over under a
force of 10 daN exerted at their most salient point in any
direction in a plane approximately parallel to the surface
on which they are mounted . These provisions' shall not
apply to ornaments on radiator grilles , to which only the
general requirements of item         .shall apply . '
 ---pagebreak---                                               Annex I
Protective strips or shielding on the external surface shall
not be subjeot to the requirements of item 6.1.1 . above ;
however , they shall be firmly secured to the vehicle .
If the added ornaments are less than 5        thick , the require
ment of a 2.5 mm minimum radius of curvature shall not apply
but the outward facing angles of such ornaments shall be
blunted .
Headlights
Projecting visors and rims shall be permitted on headlights ,
provided that their proj-ection , as measured in relation to
the external transparent surface of the headlight does not
exceed 30 mm and their radius of curvature is at least
2.5 mm throughout .
Eetracting headlights shall meet the provisions of item - •
6.2.1 . above in both the operative and retracted positions .
Grilles and gaps
The requirements of item         shall not apply to gaps .
between fixed or movable elements including those forming
part of air intake or outlet grilles and radiator grilles ,
provided that the distance between consecutive elements
does not exceed 'fO mm .   For gaps of between kQ mm and 25 mm
the radii of curvature shall be of 1 mm or more . However ,
if the distance between two consecutive elements is equal
to or less than 25 mm , the radii of curvature of external
faces of the elements shall not be less than 0.5 mm .
The junction of the front with the side faces of each ele­
ment forming a grille or gap shall be blunted .
W indscreen' wipers
The windscreen-wiper fittings shall be such that the wiper
shaft is furnished with a protective casing which has a
radius of curvature meeting the requirements of iten
5.*f , above and a surface of not less than 150 ir.m^ •
 lien        Ehall not apply to the wipei* blades or to
any supporting - members . However , these units shall be
so made as to have no sharp angles or pointed or cutting
parts of a non-functional nature .
 ---pagebreak---                                  - 5 -
                                                         Annex I
6.5 .     Bunpers
0.5.1 .   The ends of the bumpers shall be turned in tov/ards the
          external surface in order to reduce the risk of fouling *
6*5.2,.   The components of the bumpe?r shall be so designed that all
          rigid surfaces facing outwards have a minimum radius of
          curvatui e of 5
6.6 .     Handles , hinges and push-b utt ons of doors , luggage compart¬
          ments and flaps ; tank openings and covers
6.6.1 ,   The projection shall not exceed *f0 mm in the case of lateral
          door handles and 30 mm in all other cases .
6.6.2 .   If lateral door handles turn to operate , they shall meet the
          following requirements :
6.6.2.1 . the open end of the handle must be directed toward .3 the rear
          and the handle so arranged that it turns parallel to the
          plane of the door and does not pivot outwards ;
6.6.2.2 . the end of the handle must be turned back towards the door
          and fitted into a recess ;
6«7•      Wheel nut .?, hub caps and wheel discs
6.7.1 .   The requirements of item 5.K. shall not apply . .
6,7-2 :   The wheel nuts , hub caps and wheel discs shall not exhibit
          any fin-shaped projections .
6.7«3 o   When the vehicle is travelling in a straight line , no part
          of the wheels other than the tyres , situated above the
          horizontal plane passing through their axis of rotation
          shall project beyond the vertical projection , in a hori­
          zontal plane , of the external surface or structure . How­
          ever , if functional requirements so warrant , wheel discs
          which cover wheel and hub nuts may project beyond the
          vertical projection of the external surface or structure
          on condition that the radius of curvature of the surface
          of the projecting part is not less than 30 mm and, that
          the projection beyond the vertical projection of the
          external surface or structure in no case exceeds 30 mm .
 ---pagebreak---                                    -  6  -
                                                          Annex I
  6.0 .      Sheet-mfetal eds-es
  6.8,1 .    Sheet-metal edges , such as gutter edges and the rails of
             sliding doors , shn.ll not be permitted unless they are fol­
             ded back or are fitted with a shield meeting the require­
             ments of this annex which are applicable to it .
  6.9 «      Body panels
  6.9*1 •    Folds in body panels may have a radius of curvature of
           - less than 2.5 mm , provided that it is not less than one-
             tenth of the 'height " H" of the projection , measured in .
             accordance with the method described in annex II .
  6.10 .     Lateral air or rain deflecto rs
  6.10.1 .   Lateral deflectors shall have & radius of curvature of at
             least 1 mm on edges capable of being directed outwards .
  6.11 .     Jacking brackets
  6.11.1 .   The jacking bracket shall not project more than a distance
             of 10 mm beyond the vertical projection of the floor line
             lying directly above it .
( 7 .)
( 7.1 .)
( 7.1.1 .)
( 7.1.2 .)                                 _   .
( 7-2 .)
  8.         CONFORMITY OF PRODUCTION
( 8.1 .)
  8.2 .      In order to verify conformity with the approved type , a
             sufficient number of random checks shall be performed on
             serially produced vehicles .
( 9 .)
( 9.1 .)
( 9.2 .)
( 10 .)
 ---pagebreak---            METHOD FOR DETERMINING THE HEIGHT
            OF EXTERNAL SURFACE PROJECTIONS
The height H ox a projection is determined graphically by-
reference to the circumference of a 165 ram diameter circle ,
internally tangential to the external outline of the exter­
nal surf£3.ce at the section to be checked ,
H is the maximum value of the distance , measured along a
straight line passing through the centre of the 165 mm dia­
meter circle , between the circumference of the aforesaid
circle and the external contour of the projection ( see Fig .
In cases where it is not possible for a 100 mm diameter cir­
cle to contact externally part of the external outline of
the external surface at the section under consideration ,
the surface outline in this area will be assumed to be that
formed by the circumference of the 100 mm diameter circle
between its tangent points with the external outline ( see
Fig . 2 ).
Drawings of the necessary sections through the external sur­
face shall be provided by the manufacturer to allow the
height of the projections referred to above to be measured »
 ---pagebreak---                Annex II
Dia .
165
mm
            Η
                        Fiq.l .
                 V
 Dia .
 165
 mm
                          "Assumed
                           surface"
         Dia .
       100mm            Fig . 2 .
 ---pagebreak---                                     ANNEX III
                  ANNEX 'TO THE ESC TYPE.- APPROVAL CERTIFICATE
                     V/ ITK REGARD TO EXTERNAL' PROJECTIONS
  ( Article M2 ) and article 10 of the Council directive of 6 February 1970
 on the approximation of the l&ws of the Member States relating to the
 type approval of motor vehicles and their trailers ).
                                                                 N a m e
                                                            of administration
 EEC type- approval N°
  1 . Traâe name or mark of the vehicle
 2 . Vehicle type
 3 » Manufacturer 1 s name and address .
 H . If applicable , name and address of manufacturer 's authorised
      representative      . *-
      Vehicle submitted for EUC type-approval on                              *
 6 . Technical service responsible for EEC type-approval tests
 7 . Date of report issued by that service
 8 « Number of report issued by that service                              «...
 9 . EEC type-approval with regards to external projections has been
      grantod/refused ( * )                                                     '
10 * Place                                                    »           »...
11 . Date
12 . Signature
13 « The following documents , bearing the type approval number shown
      above , are annexed :
      ..* photographs of the front , rear and side parts of the vehicle ;
      ... drawings , with dimensions , of the bumpers and , where appropriate
      ... drawings cf certain external projections .
(*) delete whichever is inapplicable .