CELEX: 51974PC0809
Language: en
Date: 1974-06-10
Title: Amendments to the proposal for a directive on the approximation of the laws of the Member States relating to roadworthiness tests for motor vehicles and their trailers (presented by the Commission to the Council under the second paragraph of Article 149 of the EEC Treaty)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (74) 809
Vol. 1974/0124
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak--- MMÏSSIGN OF THE EUIiOrEAN COMMUNiïi
                                       COM(74)809 final
                                       Brussels , 10 June 1974
                               Amendments
         to the proposal for a directive on the approximation
           of the laws of the Member States relating to road­
       worthiness tests for motor vehicles and their trailers
         ( presented by the Commission to the Council under the
           second paragraph of Article 149 of the EEC Treaty)
  COM(74) 809 f'nal
 ---pagebreak---                           EXPLANATORY MEMORANDUM
As part of the implementation of the Programme of Community Action
aimed at contributing to the improvement of road safety , presented to
the Transport Committee of the European Parliament on 8 February 197l\
the Commission forwarded to the Council on 17 August 1972 a proposal
for a directive on the approximation of the laws of the Member States
relating to roadworthiness tests for motor vehicles and their trailers .
This directive is intended to eliminate the difficulties arising from
the deterioration of vehicles as a result of their conditions of use ,
their age and from negligent maintenance . These factors reduce their
operational safety and thus cause accidents , or at least make the con­
sequences of accidents more serious . Present national regulations differ ,
especially as regards the categories of vehicle undergoing compulsory
tests , the frequency and extent of the tests ; the age at which vehicles
must be tested for the first time , etc .
                                                                       /
The proposal for the directive in question envisages a basic approximat­
ion of the laws covering this field .
The European Parliament expressed its opinion of this proposal at its
                              2
session on 1 ** February 197 ^ » the Economic and Social Committee did so
on 23 Mai' 19733 .
 OJ No C 119 of 16 November 1972 , page 9 *
20J No C 23 of 8 March 197^, page 5k.
^OJ No C 60 of 26 July 1973 » page 5•
 ---pagebreak---                                      - 2 -
After close study of tha observations set out in. these Opinions , the
Commission has decided to act upon all those observations and for this
purpose , under the second paragraph of Article 1^9 of the Treaty , to
introduce proposals for amendments to the original proposal for a
directive .
These proposals for amendments relate , specifically to :
Article 1 (Date of introduction of roadworthiness tests conforming to
            Community requirements )
         1 January 1975i by which time the Member States should have
         complied with the provisions of the Directive , in the Opinion
         of the European Parliament , the formula "as soon as possible
         and at the latest one year after adoption of t his Directiv e' • .
Article 2 ( compulsory periodic testing and extent of application )
            ( second indent )
         The Economic and Social Committee considers that exemption from
         roadworthiness tests of agricultural tractors with a design
         speed not exceeding 25 km/h should be extended to tractors de­
         signed for forestry work . It therefore wishes the words " forestry
         undertakings " to be added in the second indent of Article 2 ,
         which thus becomes     vehicles specially designed for use on
         construction sites or on agricultural holdings and in forestry
         undertakings and having a maximum design speed not exceeding
         25 km/h :"
 ---pagebreak---                                       - 3 -
4 Article 8 ( Imported used vehicles ) ( second sentence )
           In the Article concerned , the intention of the proposal for a
           directive was to facilitate the import and registration of
           used vehicles between the Member States , provided that a
           certificate was issued by the Member State exporting the
           vehicle in question . In order to preclude any possibility of
           fraud , the European Parliament envisages , by the deletion of
           the second sentence in question , testing before any registration
           of an imported used vehicle .
  Article 10 ( Time-limits for periodic tests ) ( paragraphs 2 and 3 )
           Article 10 stipulates in paragraphs 2 and 3 thereof that the
           time-limits for the tests shall be extended if a vehicle is
           out of use for long periods . For the sake of simplicity , the
           European Parliament wishes to eliminate , by removing the second
           and third paragraphs from Article 10 , any possibility of derogat­
           ing from the time-limits set for the tests .
  Article 11 ( Carrying-out of the test ) (paragraph *f)
           Paragraph k of Article 11 makes provision for laying ., down
           special procedures for vehicles belonging to the armed forced
         ' and to the police , on account of the special conditions under
           which these organizations work . While recognizing the right of
                                                                        • • */• * «
 ---pagebreak---                                      - k -
         Member States to lay down special procedures for these vehicles ,
         the European Parliament nonetheless holds the view that , for
         safety reasons , these vehicles should be subject to the same
         safety standards as other vehicles .
Annex I , A , Item 1 - Motorcycles
         In order to improve the effectiveness of motorcycle testing ,
         the European Parliament is of the opinion that it is preferable
         to set the frequency of the tests according to the following
         formula : " at the end of three years from the date of the first
         registration and annually thereafter" rather than " four years ".
         It also believes it is necessary to define motorcycles as
         follows : " Any two- or three-wheeled vehicle , with a maximum
         design speed greater than 45 km/hour or with a maximum permis­
         sible weight greater than 250 kg or , in the case of vehicles
         fitted with an internal-combustion engine , having a swept volume
         greater than 50 cc ".
Anncx I , A , Item M-
         In order to recuce the tests on vehicles with a relatively low
         permissible weight covered by this item , and to include in it
         most vehicles which are used for distributive purposes and
         which consequently have a low annual mileage , the European
         Parliament wishes :
          ( a) the time-limit for the first roadworthiness test to be ex­
               tended from two to three years ;
 ---pagebreak---           (b )  the weight limit for this vehicle category to be raised
                from 3500 to 5000 kg , which involves the same amendment
                in item paragraph 5 immediately following .
Annex I , A , item 7
         For the sake of simplifying the tests , the European Parliament
         if of the opinion that the testing of trailers with a maximum
         permissible weight no greater than 1500 kg is superfluous where
         they are used exclusively for the carriage of luggage , camping
         equipment or boats .
Annex I , A , item 8
         In accordance with the amendment to item 7i and for reasons of
         clarity , the European Parliament is of the opinion that in
         item 8 " Trailers and semi-trailers the maximum permissible
         weight of which is greater than 1^00 kg" should be specified .
Annex I , A , iten 9
         In order to formulate the text of Annex I as precisely as pos­
         sible , the European Parliament recommends eliminating point 9 »
         which covers " vehicles not included in any of the foregoing
         categories ".
Annex I. B , second paragraph
         In order to improve the safety and comfort of public service
         vehicles , the European Parliament recommends that the compul­
         sory inspection of the vehicles be extended to additional com­
         ponents such as ventilation and heating systems and seat layout
         It therefore seems necessary to say " aire required" rather than
         " may be required".
                                                                     * • •/4» •
 ---pagebreak---                                       /"
                                   - o   -
Annex I , B t fourth paragraph
         In order to clarify the sentence the European Parliament wishes
         the fourth paragraph of section B of Annex I to be formulated
         as follows : "Where "visual" inspection is specified , it includes ,
         where necessary , physical manipulation of the relevant parts ,
         testing for certain noises , etc .".
 ---pagebreak---                                        7 -
                           Proposal amending
                    the proposal for a Directive on
                 the approximation of the laws of the
             Member States relating to the roadworthiness
              tests for motor vehicles and their trailers
The proposal for a Directive forwarded on 17 August J-972 is amended by
- an amendment to Article 1 ;
- an amendment to Article 2 , second indent ;
- an amendment to Article 8 , second sentence ;
- two amendments to Article 10 , second and third paragraphs ;
- an amendment to Article 11 , paragrapn
- two amendments to Annex I , A, item 1 ;
- two amendments to Annex I , A , item 4 ;
- an amendment to Annex I , A , item 5 »
- an amendment to Annex X , - A , item 7î
- an amendment to Annex X , A , item 8 ;
- an amendment to Annex I , A , item 9î
- an amendment to Annex I , B , second paragraph ;
- an amendment to Annex I , B , fourth paragraph .
 ---pagebreak---           ORIGINAL TEXT                          AMaJirD'SD TUXT
             Article 1                              Article 1
( Date of introduction of road-       Date of introduction of periodic
worthiness tests conforming to Com­ roadworthiness tests conforming to
munity requirements )                  Community requirements .
The Member States shall take the       Th3 Member States shall take the
necessary steps to ensure that , as   necessary steps to ensure that , as
from 1 January 1975 at the latest ,    soon as possible and at the latest
motor vehicles and their trailers      one year after adoption of this
registered in their territory shall Directive , motor vehicles and their
be tested for roadworthiness in ac­    trailers registered in their terri­
cordance with the provisions of        tory shall be periodically tested
this Directive and of its Annexes ,    for roadworthiness in accordance
which form an integral part thereof with the provisions of this Directive
                                       and of its Annexes , which form an
                                       integral part thereof .
             Article 2                              Article 2
( Compulsory periodic testing and ex­ -( Compulsory periodic testing and
tent of application )                  extent of application )
Motor vehicles and their trailers      Motor vehicles and their trailers
shall undergo compulsory periodic      shall undergo compulsory periodic
tests for roadworthiness . The         tests for roadworthiness . The fre­
frequency and scope of the tests       quency and scope of the tests shall
shall be as shown in Annex I. The      be as shown in Annex I. The public
public authorities may delegate the authorities may delegate the task
 ---pagebreak---                                     9 -
           ORIGINAL TEXT                          AMSNDED TEXI
        Artide 2 ( continue d )                Article 2 ( continued )
task of carrying out the tests to      of carrying out the tests to one or
one or more appointed agencies or      more appointed agencies or to ap­
to approved experts .                 proved experts .
The following vehicles are exempt      The following vehicles are exempt
from the periodic roadworthiness       from the periodic roadworthiness
tests :                                tests :
- mopeds , but only where the nat­     - mopeds , but only where the nat­
  ional law distinguishes mopeds         ional law distinguishes mopeds
  from motorcycles ;                     from motorcycles ;
- vehicles specially designed for      - vehicles specially designed for
  use on construction sites or on        use on construction sites or on
  agricultural holdings and having       agricultural 'holdings and in
  a maximum design speed not exceed' *   forestry undertakings and having
  ing 25 km/h ;                          a maximum design speed not exceed­
                                         ing 25 km/h }
- trailers with a permissible max­     - trailers with a permissible max­
  imum laden weight not exceeding        imum laden weight not exceeding
  ^00 kg or which are intended for       500 kg or which are intended for
  use coupled to drawing vehicles        use coupled to drawing vehicles
  having a maximum design speed not      having a maximum design speed not
  exceeding 25 km/h .                    exceeding 25 km/h .
However, the Member States may ex­ However , the Member States may ex­
tend the periodic test requirement tend the periodic test requirement
                                                                       • • •/• # »
 ---pagebreak---                                    - 10 -
           ORIGINAL TEXT                        AMENDED TEX.T
       Article 2 ( continued )               Article 2 ( continued )
to certain of the vehicles previous­ to certain of the vehicles previous­
ly mentioned and registered in their ly mentioned and registered in
territories .                          their territories .
               Article 8                          Article 8
( Iraported used vehicles )            Imported used vehicles .
Each Member State shall , before re­   Each Member State shall , before
gistering any imported used vehicle    registering any imported used
require it to undergo a roadworth-     vehicle , require it to undergo a
iness test . Such a test shall not be roadworthiness test .
required if it is proved , by a
certificate issued in the Meuber       ( Second sentence deleted )
State from which the vehicle is im­
ported , that the vehicle was tested
within two months immediately pre­
ceding the request for registration .
               Article 10                         Article 10
( Time-limits for periodic tests )     Time-limits for periodic tests
1 . For vehicles first put on tile     1 . unaltered
    road , the time-limit for the
    first roadworthiness test is
 ---pagebreak---                                     - 11 -
          ORIGINAL TEXT                          AIENDED TEXT
     Artide IO ( continued )                Artide 10 ( continued )
    reckoned from the uate of issue
    of the registration plate .
2 . For vehicles which are taken off    2 . deleted
    the road for at least six months ,
    either by the owner , who shall
    have duly informed the competent
                        /
    authority of the fact , or as a
    result of official action , the
    time-limit for the next road-
    worthiness test shall be extended
    by a period corresponding to the
    time the vehicle is off the road .
    If , however , the date fixed for
    the test falls within the period
    when the vehicle is temporarily
    off the road , the vehicle shall
    not be readmitted on the road
    unless it has undergone the test .
3 . Upon application by the holder of 3 - deleted
    the certificate of registration
    or at the instance of the testing
    centre , the time-limit for pre­
    senting the vehicle for the test
    may be extended for a period not
    exceeding two months .
                                                                    • • •/• • •
 ---pagebreak---                                     - 12 -
         ORIGINAL TÏÏXT . .                      AMSND3D TEXT
          Article 11                              Article 11
( Carrying out of the test )            Carrying out of the test
1 . The tests to be carried out are     1 . unaltered
    described in Annex I. If the re­
    sult of the test is described as
    provided in paragraph 3 > a road-
    worthiness disc in form set out
    in Annex II shall be issued .
2 . The roadworthiness disc shall be    2 . unaltered
    first affixed upon the vehicle
    when the vehicle is registered .
    After each periodic test a new
    disc shall be affixed .
    The roadworthiness disc shall be
    firmly affixed and , if practicable ,
    shall be affixed to the rear re­
    gistration plate . If this is im­
    practicable , it shall be affixed
    in some other place clearly
    visible from outside the vehicle .
 ---pagebreak---      ORIGINAL TEXT                         AMiiNDED TEXT
 Article II ( continued )              Article 11 ( continued )
A roadworthiness disc shall cease
to be valid at the end of the
second month following the month
indicated on the disc .
When a vehicle is found to be in  3 « unaltered
good running order , wxth no de-
fects likely to affect the smooth
flow or safety or road traffic ,
the testing centre shall issue
and affix a roadworthiness disc .
When defects are found which do
not constitute any immediate
danger for traffic safety , but
nevertheless make the continued
use of the vehicle on the road
unsafe , the testing centre shall
fix a time-limit within which
the Vehicle shall be re-tested
for the purpose of checking
whether the d3fects have been
eliminated .
 ---pagebreak---                                - 1^ -
       ORIGINAL TEXT                          AMENDED TEXT
   Artide 11 ( continued )                Artide 11 ( continued)
The defects found and the time-
lirait allowed for retesting shall
be recorded on a document to be
kept in the vehicle . The new road-
worthiness disc shall not be is­
sued until repair has been effect­
ed and duly verified .
If the defects represent an im­
mediate danger for road traffic ,
the vehicle shall not be used on
the road except for the purpose
of driving the vehicle , without
passengers or load , from the test­
ing centre to the owner 's home or
to a garage for repair . In this
case too , the defects shall be re­
corded on a document issued by the
testing centre to be kept in the
vehicle ; the roadworthiness disc
shall be withdrawn .
Special procedures may be laid      k . Special procedures may be laid
down for vehicles belonging to          down for vehicles belonging to
the armed forces and to the             the armed forces and to the
police .                                police . These vehicles shall ,
                                        however , meat the same safety
                                        standards as other vehicles .
                                                                    • /« • •
 ---pagebreak---                        ORIGINAL TEXT
                                                                                 AMENDED TEXT
                          ANNEX I '
                                                                                   ANNEX I
              FREQUENCY AND METHOD OF TESTING                              FREQUENCY AND METHOD OF TESTING
A. FREQUENCY OF TESTS                                   A. FREQUENCY OF TESTS
Motor vehicles and trailers must undergo a road-        Motor vehicles and trailers must undergo a road-
worthiness test at the following intervals :            worthiness test at the following intervals :
1 . Motorcycles :            Every four years           1 . Motorcycles ( all two- or            Three years after
                                                            three–wheele d vehicles ! with       first registration
                                                            a maximum design speed greater       re-testing annually
                                                         • than     km/h or with a maximum       thereafter.
                                                            permissible weight greater          "        ~~~
                                                            than 250 kg or , in the case of
                                                            vehicles fitted with an
                                                            internal combustion engine ,
                                                            having a swept volume greater
                                                            than 50 cc ) :
2 * Motor cars for           – four years after first   2 . unaltered
    private use :              registratiôn
                             - annually thereafter .
                             This provision shall apply
                            even where the vehicle has
                            been tested for road-
                            worthiness pursuant to
                            Articles 3 and 7 during
                            the first three years
                            following first
                            registration .
 ---pagebreak---                      ORIGINAL TEXT
                                                                            AMENDED TEXT
 Vehicles , other than     - two years after first  3 . unaltered
 those comprised in          registration
 categories 1 and 2        - re-testing annually
above , for the car­         thereafter .
riage of passengers
 ( including dual-
purpose vehicles )
with not more than
eight seats , exclud­
ing the driving seat
( e.g. hire-cars ,
whether chauffeur-
driven or self-drive ,
taxis , ambulances ,
minibuses , etc .)
                                                                                                              CTN
Vehicles for the car-      Every 2 years           H. Vehicles for the carriage of       Three years after     '
riage of goods , the                                    goods , the maximum permis­      first registration ,
maximum permissible                                     sible weight of which does       re-testing annually
weight of which does not                                not exceed 5 000 kg :            thereafter
exceed 3 500 kg :
Vehicles for the car-      Annually                5 • Vehicles for the carriage of      Annually
nage of goods , the                                     goods , the maximum permis­
maximum permissible                                     sible weight of which ex­
weight of which ex-                                     ceeds 5 000 kg :
ceeds 3 500 kg :
 ---pagebreak---                        ORIGINAL TEXT                                AMENDED TEXT
6 . Vehicles for the car-    Every six months 6 . unaltered
    riage of passengers
    with more than eight
    seats , excluding the
    driving seat :
    Trailers with a maximum Every two years   7 . Caravans :                     Every two years
    permissible weight of
    1 500 kg used ex-
    clusively for the car-
    riage of luggage ,
    camping equipment or
    boats . Caravans :                                                                            H
                                                                                                 -vj
8 . Trailers and semi­       Annually         8 . Trailers and semi-trailers ,   Annually
    trailers other than                           the maximum permissible
    those comprised in                            weight of which exceeds
    category 7 J •                                1 500 kg :
9 . Vehicles not comprised   Every two years  9 . deleted
    in any of the fore­
    going categories :
 ---pagebreak---                                      - 18 -
           ORIGINAL TEXT ,                         AMENDED TEXT
              ANNEX I                                ANNEX I
B. ITEMS TO BE TESTED , METHODS AND      B. ITEMS TO BE TESTED , METHODS AND
    CONDITIONS OF TEST                      CONDITIONS OF TEST
The test must at least cover the         Unaltered
items listed in the table below ,
where these form part , whether
mandatory or not , of the vehicle .
This list must not be regarded as        This list must not be regarded as
exhaustive and in the case of public     exhaustive and in the case of
service vehicles tests may be re­        public service vehicles tests
quired on additional items affecting are required on additonal items ;
the safety and comfort of the pas­       affecting the safety and comfort
sengers such as heating and ventil­      ox the passengers , such as heating
ating systems , seat lay-out , etc .     and ventilating systems and seat
                                         lay-out .
Depending on the item concerned and      Unaltered .
the state of the vehicle , the test
may comprise visual inspections or
operational tests or both .
" Visual " inspection is specified       Where "visual " inspection xs spe­
wherever this is possible without        cified it includes , where neces­
dismantling a component . It may         sary , physical manipulation of the
                                                                     • • 9/ • f 0
 ---pagebreak---                                      - 19 -
          ORIGINAL TEXT                            AMENDED TEXT
               ANNEX I                               ANNEX I
B. ITEMS TO BE TESTED , METHODS AND      B. ITEMS TO BE TESTED , METHODS AND
    CONDITIONS OF TEST ( continued )          CONDITIONS OF TEST ( continued )
where necessary include physical         relevant parts , testing for certain
manipulation of the relevant parts       noises , etc.
testing for certain noises , etc .
It must include a check on any           Unaltered
prescribed type-approval marks of
vehicles and equipment . It must
also be designed to detect the
following :
- attachments and assemblies in a         Unaltered
  poor condition and any excessive
  play therem ;
- deformation and/or cracking likely
  to affect adversely the proper
  functioning of certain components ;
- signs of abnormal chaffing ( on
  brake lines , for example );
- abnormal or excessive wear leadmg
   to rapid failure of a component ;       -■ •
- leaking hoses (brake lines , for
   example ) ;
 ---pagebreak---                                     - 20 -
         ORIGINAL TEXT                          AMENDED TEXT
              ANN3X I                             ANNEX I
B. ITEMS TO BE TESTED , METHODS AND     B. ITEMS TO BE TESTED , METHODS AND
   CONDITIONS OF TEST ( continued )        CONDITIONS OF TEST ( continued )
- oxidation or corrosion , where        Unaltered
  these may adversely affect the in­
  tegrity or proper functioning of
  certain components :
- the absence of any mandatory
  safety devices ;
  the presence of non-standard welds
  or signs of heating on certain
  particularly important components
  such as the steering linkage or
  the axles .
Basically , tests are to be carried     Unaltered
out using conventional techniques
and the equipment normally available
in vehicle testing stations .
                                                                      • • •/ • • •
 ---pagebreak---                                            - 21 -
                                  i        Methods and conditions for testing
Items to be tested
                                            Visual         Test of      Particular "1
                                          inspection       function     conditions
                              - ORIGINAL TEXT -
1 . Condition    of bralting      !i                      u n a 1 t e r e d
     system
2 . oteering                                              u n a 1 t e r e d
3 - Visibility                                            u n a 1 t e r e d
H. Lights and reflectora                                  u n a 1 t e r e d
     Axles , wheels , suspensions                         u n a 1 t e r e d
6 . Châssis , elements fixed                              u n a 1 t e r e d
     to the châssis
7 - Other equipment                                       u n a 1 t e r e d
8 . Damage                        ]
                                  i
                                                          u n a 1 t e r e d
9 . Other tests                   I  i
                                                          u n a 1 t e r e d
                                       AMENDSD TEXT -
10 . Supplementary tests           ■ii                ii             i
      for public transport        ;
      vehicles                                        I     ■
                                                      II
                                  I  !                \i
- '•
      10.1 . Heating system       iI
                                  1i
                                                      !ii      +
      10.2 . Ventilating system                                +
      10.3 . Seat lay-out                      +       I
                                                       I
                                  I                    j
                                  i