CELEX: 51974PC0316
Language: en
Date: 1974-03-15
Title: PROPOSAL FOR A COUNCIL DIRECTIVE ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO THE DRIVER PERCEIVED NOISE LEVEL OF AGRICULTURAL OR FORESTRY TRACTORS FITTED KITH WHEELS (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (74) 316
Vol. 1974/0057
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 ---pagebreak--- COMMISSION œ THE EUROFEAN COMEfUMUSS
                                                   COM(74)316 Final
                                                   Brussels , 15 March 1974
                        PROPOSAL FOR A COUNCIL DIRECTIVE
      ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING
              TO THE DRIVER PERCEIVED NOISE LEVEL OF AGRICULTURAL
                     OR FORESTRY TRACTORS FITTED KITH WHEELS
                 ( submitted to the Council by the Commission )
   COM(74 ) 315 Final
 ---pagebreak---                          EXPL/JTATORY MST IORATIDUM
Historical background
This proposal for a Directive is made under the Community
approval procedure which was the subject of a Directive
 ( adopted by the Council on k March 197 ^)«
On 25 January 1973 the United Kingdom, applying the procedure
laid down "by the Agreement of 18 May 1969 on "the Commission
status quo and information , sent the Commission a Bill on the
driver-perceived noise level of agricultural tractors .
The Commission , "by a letter dated IS February 1973 » requested
the United Kingdom to delay implementation of the Sill until -
a Council Directive on the subject had been adopted .       The
competent departments in the Commission commenced work
immediately , in particular in the working party on tractors
and agricultural machinery , in order to present a proposal
to the Council as quickly as possible .      However , not only did
differences emerge between experts from the Member States
but there were also inherent difficulties due to the very
technical nature of the subject matter .
For these reasons the drafting of this proposal was not
finished within the tine limit laid down in the Agreement
on the status cruo t namely 25 July 1973 .
Although requested by the Commission department to delay
adoption of their Bill the competent (authorities in the
United Kingdom proceeded to adopt it in November 1973 .
The implementation of the specifications of the above mentioned
project, is fixed for the 1st September 1975 »
 ---pagebreak--- It is all the ©ore necessary therefore , to present a proposal
for a Directive to the Council and to adopt it in order to
solve the difficulties which will arise from September 1975
when the new British lav; enters into force .
Even if the results of the numerous raeotings held with the
government experts and the parties concerned did not lead
to unanimous agreement they have , nevertheless , enabled
the Commission department to collect the necessary information
to draw up this proposal for a Directive . Indeed , in view of
the persistency of the differences of opinion among the
delegations , presentation of this proposal to the Council
should not be delayed too long.
Object of the proposal for a Directive and foreseeable solutions :
The object of this proposal for a Directive is not simply to
harmonize the provisions of the Member States in order to remove
barriers to inter-Commnity trade in tractors but also , and
above all , to ensure safe working conditions by laying down •
provisions aimed at protecting the hearing of agricultural
workers who drive tractors by placing a limit on the noise
level .
The basic problems that had to be solved were tho determination
of the noise limit which must not be excooded and the method
of measuring it .
As regards the determination of the noise level , general consensus
was reached on the figure of 90 dB(A) . In fact this is a very
important reduction, given that the present driver-perceived
noise level for agricultural tractors is about 102/103 dB(A) ;
this reduction is. therefore more than 10 dB(A) and by comparison
with the present level of emission, represents a reduction in
intensity of about
Although this limit of 90 dB(A) is not the best solution for
protecting the hearing of drivers of agricultural tractors it
represents however, according to scientific information and the
most recent studies currently availablo , an appreciable improvement
when compared with the present situation.
 ---pagebreak---                                       -3-
        On the other hand , bearing in mind the regulations in force in
 industry and the technical and economic difficulties of a greater
reduction , this level was chosen while indicating that , henceforth ,
future reductions would be proposed as soon as the scientific information
became available , as has been already mentioned .
        Conversly , the method of measuring the noise level perceived by
a driver of an agricultural tractor which was worked out by the OECD
and contained in the British legislation has been studied in great
detail .   Although the majority of the delegations favoured this method ,
namely the United Kingdom , Italian , Danish , Netherlands , Belgian and
Luxembourg delegations,' those of Germany and Prance had reservations .
        The two delegations believe , in effect that the OECD method , vrhich .
stipulates testing at 10C$ of the nominal range of the engine , does not
simulate actual working conditions .    It should be noted that even in
a case of eight hours driving per day , the range of operation of the
tractor engine is nearer 75$ than 100$ of its rated speed .        This is
due both to the face that the normal engine rate is not usually obtained
at the rated speed and * that changes necessarily occur in speed and engine
rates .   For this reason the German delegation in particular holds the
opinion that the measurement should be taken of an unloaded engine
running at 75$ rated speed in the case of a tractor either not fitted
with a cab or fitted with an open cab , and 100$ in the case of a tractor
fitted with a closed cab .    The French delegation , on the other hand , felt
that for all tractors ( with or without a cab) the measurement should
be taken with the engine under load and running at 75$ of its rated
speed .          .            . .              .  ,
        The representatives of the industry concerned declared themselves
able to agree equally well with the proposal of the German delegation ^
as with that of the French delegation .
                                                            • • • /• • •
 ---pagebreak--- Although proposals that a distinction should be drawn "between
tractors fitted \vith a cab and those not fitted with a cab were
studied in great depth , it was established that , in order to take
account of the need to protect the hecjing of drivers of any type
of tractor - whether fitted with a cab or not •- and on account
of the difficulties raised by the definition of an open cab and ■
a closed cab , the level of 90 dB(A) should not be exceeded
when there is no cab .    Moreover , contrary to popular belief ,
eixperience and tests carried out on the same type of tractor ,
whether fitted with a cab or not , have shown that the noise
level perceived by the driver of a tractor fitted with a cab
was , in the majority of oases , higher than that from the same
tractor not fitted with a cab .
As regards the method proposed , the Commission considers that
the OHCD method described above , as contained in the British
law , merits consideration not only because it is already
recognized internationally but also because it has been well
tested .
While of the opinion , bearing in mind the merits mentioned
above ,- +t»t   would.. be appropriate to use the OEGL method
in its present state the Commission realises that this method
is not without certain disadvantages . Consequently,, it will
continue to study how these disadvantages may be eliminated
and will not fail to propose the necessary improvements at
the proper moment by the procedure laid down for the purpose .
Moreover in this context , it will examine the possibility
of further reducing the driver-perceived noise level allowing,
on the one hand , for technical progress and , on the other ,
with the object of protecting workers by oaintaining a
constant noise level , for progress which would bring about
a Safe sound level causing no lasting damage to hearing.
 ---pagebreak---                                       -5-
  III .  Presentation of tho proposal for a Directive
»        This proposal consists of an operative part - and two annexes .
         The operative part oontains six Articles the first of which
         defines the scope of the Directive , the second and third
         lay down provisions which apply to SEC type approval of an
        agricultural tractor as regards the noise level to the
        driver' s hearing.   These Articles also provide that Community
        provisions have the same effect as national provisions .
        Thus , no Member State may, for example , refuse , the registration
        or sale , entry into service or use of a tractor on the? grounds
        that it does not comply with national provisions whilst
        complying with Community provisions .    Article 4 lays down
        the procedure for adapting the provisions of the Annexes to'
        technical progress .   Article 5 fixes tho time limit for
        adopting and publishing in the Ifember States the provisions
        necessary to ensure compliance with the Directive and tho
        date on which the provisions shall enter into force .     The
        first of these time limits shall be fixed before 31 December
        1975 and the second for 1 April 1976 .    The Commission based these
        time limits on a very strict timetable which must be rigorously
        observed at the different stages of the adoption procedure in
        order to arrive at a final Council decision compatible with
        tho aims and circumstances described above .    Indeed , bearing
        in mind on tho one hand the date of imp le mentation of the
        British law , and 7 on the other hand , the need to implement
        the provisions of the Directive as quickly as possible in
        order to ensure safe working conditions and , more particularly,
        to protect the hearing of tractor drivers , the Commission
        believes that the following timetable should be complied with
        in order to abide by the time limits laid down in Article 6 :
        -     Opinion of the European Parliament and the ESC : before
            ' 31 July 1974 ,
        -     Adoption by the Council : before 31 December 1974 *
 ---pagebreak--- Consultation with the European Parliament and the Economic
and Social Comaittee
                . .        '■*       . • «
In accordance with the second paragraph of Article 100
of the ESC Treaty the Opinions of these two "bodies must
txi obtained .
The implementation of the provisions laid down "by the Directives
requires in all Member States either an amendment of legislation
or the int roduct ion of new regulations .
 ---pagebreak--- TUS COUxîCIL OP TH3 EUR0P3A]Ï COMMUHITIES .
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 , in order to implement the procedure for EEC type approval
                                                                    1
which was the subject of the Council Directive of
on the ^approximation of the laws of the Member States relating to
approval of agricultural or forestry tractors fitted with wheels ,
provisions should "be adopted to ensure safe working conditions and ,
in particular , the protection of the hearing of agricultural workers
driving such tractors ;
Whereas these provisions are especially necessary owing to the fact
that only in one Member State does the law lay down detailed provisions
concerning the driver-perceived noise level of the above mentioned
tractors ;
Whereas the disparities in the national laws mentioned above are
likely to hinder trade within the Community and thus impede the
establishment and the functioning of the Common Market ;            ' ■
H/1S ÂD0PT2D THIS DIRECTIVE :
    OJ Ko .
 ---pagebreak---                                 Article 1
1.     The "term agricultural or forestry tractor shall mean any motor
vehicle fitted with wheels or caterpillar tracks with at least two
axles the main function of which lies in its tractive power and
which is especially designed to tow , push , carry or power oertain
tools , machinery or trailers designed for agricultural or forestry
use . It may "be equipped to carry a load and attendants .
2.     This Directive shall apply only to the tractors defined, in
the preceding paragraph which are fitted with tyres and which have
two axles and a maximum design speed of between 6 and 25 km/h .
                                Article 2
Ho Member State may refuse SEC type approval or national approval
of a tractor on grounds relating to the driver-perceived noise level
if it complies with the provisions laid down in the Annexes .
                                Article 3
No Member State may refuse or prohibit the sale cr registration ,
entry into service or use of a vehicle on grounds relating to the
drivers-perceived noise level if it complies with the provisions
laid down in the Annexes .
                                Article A
Modifications which are neoessary to adapt the provisions of the
Annexes to technical progress , shall be adopted in accordance with
the procedure laid down in Article 13 of the Council Directive of
                        on EEC type approval of wheeled tractors .
 ---pagebreak---                                 -2-
                             Article 5
1.    The Member States shall adopt and publish the provisions
necessary to ensure compliance with the present Directive "before
31 December 1975 <md shall inform the Commission immediately .
They shall apply these provisions with effect from 1 April 1976 .
2.    As soon as this Directive has been notified , the Member
States shall take care to inform the Commission, in sufficient time
to enable it to submit its comments , of any subsequent draft laws ,
regulations or administrative provisions which they intend to adopt
in the field covered by this Directive .
                             Article o
This Directive is addressed to the Member States .
 ---pagebreak---                                  AHKEX I
LIMIT 011 DRIVSR-PERCEIVED NOISE LEVEL , APPARATUS , CONDITIONS AND
                          •  MHTEOD 01'' M3ilSUHEM3HT
1.    LIMIT .
1.1 . The driver-perceived, noise level for tractors as referred to in
      Article 1 of this Directive , measured in accordance with the
      provisions of this Annex, shall not exceed the level of 90 dB(A)
2.    MEASURING APPARATUS
2.1 . Driver-perceived noise level shal 1 he measured "by using a sound
      meter of the sort described in the first edition of publication
      179/1965 of the International Technical Commission.
3.    CONDITIONS OF MEASUmiEHT
2     Measurements shall he taken in the following conditions :
3.1 . The tractor must be unladen , that is to say without optional
      accessories but with coolant , lubricant , fuel , tools and driver .
      The latter shall not wear abnormally thick clothing, scarf or
      hat .   There must be no object on the tractor capable of
      distorting the noise level ;
3.2 . The tyres must be at régulation pre ssure , the engine must be
      at normal running temperature and if the tractor has ooolmg.
      louvres they must be open ; .
3.3 . Extra equipment powered by the motor or self-powered such as
      the windscreen wipers , for example , or the warm air fan or
      the starter etc ., .crust be disconnected when the measurements
      are being made , if they are liable to influence the sound
      level ; parts which normally run at the same tine as the
      engine , for example the cooling ventilator for the engine ,
      should be working when the measurements are being taken;
 ---pagebreak--- 3.4 -      The measuring course shall "be in an open and sufficiently
           noiseless area ( environmental and. wind noises of less than
           10 dB(A) in relation to the noise to he measured); this
           course may consist , for instance , of an open space of
          50     radius , the central part of which ( with a radius ^ of
          about 20 m.) must "be practically horizontal and covered with
          concrete , asphalt , or a similar material and must not he
          covered with powdered snow , high grass , loose soil or cinders ;
3.5 »     The surface of the track mast "be of such a composition that
          the tyres make no excessive noise ;
3.6 .     The weather must "be fair and the wind light ;
3 .?.     If a vehicle is used for measurements , it shall "bo towed or
          driven to a place sufficiently distant from the tractor that
          all interference shall he avoided .
4.        METHOD OP IŒL1SUREM2-IT .
4.1 .     The microphone shall "be located 250 mm to the side of the centre
          plane of the seat , the side being that on which the higher
          noise level is encountered . The microphone diaphragm shall
          face forward and the centre of the microphone shall he 790 nun
          ahove and 150 mm forward of the seat reference point described
          in Annex II . ' Excessive vibration of the microphone shall
        ' be âvoidéd .
4.2 .     Maximum noise level in &B(A) shall be obtained by:
4 . 2.1 . measuring the. noise using fast sound meter response at the
          load corresponding with maximum noise in the gear giving
          the nearest forward speed to 7.25 kn/h;                           .
 ---pagebreak---                                       -3-
                                      #
4 . 2 . 2 . measuring the noise using fast sound meter response at the
            load corresponding with maximum noise in any other field gear
            in which a noise level at least 1 dB(A) above that of the
            above mentioned gear is recorded ;
4.2„3 „ measuring the noise at maximum speed of an unladen tractor ;
4.3 .       The three measurements determined under 4.2.1 ., 4«2 . 2 . and
            4.2.3 . must not exceed the limit of 90 dB(A) fixed in item
            1.1 .
4.4 «       The report shall include the following measurements of noise
            level :
4.4»l.in "the gear giving the nearest forward speed to 7.25 kn/h;
4 . 4 « 2 . in any field gear if the conditions above are fulfilled ;
4.4*3 . in top gear
4.5 .       Any unusual characteristics giving annoyance to the driver
            about which there is doubt shall be mentioned .
 ---pagebreak---                                ahhex - II
      IETEIMINATION OF SEAT RSPB3ERUB POINT
1.    DEFINITIONS
1.1 . The seat reference point is the point in the centre longitudinal
      plane of the seat where the tangential piano of the lower
      backrest and a horizontal plane intersect .  This horizontal
      plane cuts the lower surface of the seat pan hoard 150 mm
      in front of the above mentioned tangent .
2.    DETERMINATION OF SEAT REFERENCE POINT
2.1 . The reference point shall "be obtained using the apparatus
      illustrated in Figs . 1 and 2 of the appendix to this annex
      to simulate loading by a human occupant .
2.2 . The seat shall be set at the mid point of any vertical
      adjustment range where this is independent of adjustment
      of its horizontal position. For purposes of determining
      the microphone location referred to in Item 4 of Annex I ,
      the seat shall be at or a.s near as possible to the mid
      point of this range .
3.    DESCRIPTION OF THE APPARATUS .
3.1 . An apparatus consisting of a seat pan board and backrest
      boards shall be used .
3.2 . The lower backrest board shall be jointed in the region of
      the ischium hunps (A) and loin (B) , the joint ( B ) being
      adjustable in height .
4.    SETTING UP OF THE APPARATUS
      The apparatus shall be set up in the following manner:
4.1 . the apparatus shall be positioned on the seat .
 ---pagebreak--- 4.2 .  it shall then "be loaded with a weight of 55 kg at a point
      50 nun in front of the joint (A), and the two parts of the
      "backrest "board shall "be lightly pressed tangentially against
      the "backrest .
4.3 .  if it is not possible to determine a definite tangent to the
       lower area of the "backrest , the lower part of the "baokrest
      "board shall "be lightly pressed against the "backrest vertically .
4.4 . where a seat suspension is provided with adjustment for the
      weight of the driver this shall "be set so that the seat is
      at the mid point of its dynamic range .
 ---pagebreak---         •• •                                           •                         •   -2-
                            • ' "       ■.       ;• ' :                 APPENDIX TO POINT 2.1 . ■
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