CELEX: 51992PC0241
Language: en
Date: 1992-06-04
Title: Amendment to the proposal for a COUNCIL DIRECTIVE amending Directive 77/143/EEC on the approximation of the laws of the Member States relating to Roadworthiness Tests for Motor Vehicles and their Trailers (Brakes)

No C 165 / 20                         Official Journal of the European Communities                                     2 . 7 . 92
                                                                II
                                                        (Preparatory Acts)
                                                 COMMISSION
              Amendment to the proposal for a Council Directive amending Directive 77/143/EEC on the
              approximation of the laws of the Member States relating to roadworthiness tests for motor
                                              vehicles and their trailers (brakes)
                                                         (92 /C 165 / 36)
                                                       COM(92) 241 final
                (Submitted by the Commission pursuant to Article 149 (3) ofthe EEC Treaty on 4 June 1992)
              The proposal from the Commission forming the subject of document COM(91) 243 final (') is
              hereby amended as follows :
              O OJ No C 189, 20 . 7. 1991 , p. 16.
                      ORIGINAL TEXT                                                        AMENDED TEXT
                                                      (Amendment No 1 )
                                                            Recital 1
Whereas Council Directive 77/ 143 /EEC, as amended by               Whereas     Council    Directive  77 / 143 /EEC,  as     last
Directive 88/449/EEC, provides for the regular road­                amended by Directive 91 /328/EEC, provides for the
worthiness testing of certain road vehicles only (buses,            regular roadworthiness testing of certain road vehicles
heavy and light goods vehicles, heavy trailers and semi­            (buses, heavy and light goods vehicles, heavy trailers and
trailers, taxis and ambulances) but not for passenger               semi-trailers, taxis and ambulances and private cars);
cars ;
                                                      (Amendment No 2)
                                                            Recital 6a
                                                              (new)
                                                                    Whereas the setting of values for the required braking
                                                                    efficiencies will be the subject of a further Commission
                                                                    proposal to be submitted before June 1994 ;
 ---pagebreak--- 2. 7. 92                             Official Journal of the European Communities                                No C 165/21
                       ORIGINAL TEXT                                                      AMENDED TEXT
                                                    (Amendment No 3)
                                                          Recital 7
Whereas at this stage it is not practical to set values for       Whereas, until such time as such a proposal is adopted,
the required braking efficiencies, air pressure settings          the aim of brake performance testing will have to be that
and build-up times etc., given the variance in Member             a realistic judgement can be made at the time of testing
States' test equipment and procedures, the aim of brake           that the vehicle, irrespective of its laden condition within
performance testing must be that a realistic judgement            the bounds of its gross weights, would be safe on the
can be made at the time of testing that the vehicle, irres­       road and that if tested to the technical requirements of
pective of its laden condition within the bounds of its           the type-approval braking Directive 71 / 320 /EEC as
gross weights, would be safe on the road and that if              amended then it would pass ;
tested to the technical requirements of the type-approval
braking Directive 71 /320/EEC as amended then it
would pass ;
                                                    (Amendment No 4)
                                                         Recital 9a
                                                            (new)
                                                                  Whereas it is desirable that the Member States should
                                                                  impose penalties for failure to comply with the
                                                                  requirement to have a vehicle tested and, in particular in
                                                                  the event of the vehicle failing the braking system test, it
                                                                  should be possible to withdraw the vehicle from circu­
                                                                  lation until such time as it satisfies the requirements ;
                                                    (Amendment No 5)
                                                         Recital 9b
                                                            (new)
                                                                  Whereas the Commission should submit at the earliest
                                                                  opportunity a proposal to extend roadworthiness tests, in
                                                                  particular on braking systems, to two- and three-wheeled
                                                                  vehicles ;
                                                    (Amendment No 6)
                                                          Article 1
                                                        Introduction
Directive 77 / 143 /EEC is hereby amended as follows :            Directive 77/ 143 /EEC is hereby amended as follows :
    Paragraph 1 of Annex II to Directive 77/ 143/EEC,             Paragraph 1 of Annex II to Directive 77/ 143/EEC, as
    as amended by Directive 88 /449/EEC, which                    last amended by Directive 91 /328 /EEC, which concerns
    concerns braking systems, is replaced by :                    braking systems, is replaced by :
 ---pagebreak--- No C 165 / 22                          Official Journal of the European Communities                                    2 . 7 . 92
                      ORIGINAL TEXT                                                     AMENDED TEXT
   ' 1 . BRAKING SYSTEMS                                             ' 1 . BRAKING SYSTEMS
   The following items are to be included in the road­              The following items are to be included in the road­
   worthiness test of vehicle braking systems . The                 worthiness test of vehicle braking systems . The
  vehicle will fail the test if any of the listed defects to        vehicle will fail the test, and will be withdrawn from
   those items are detected . The test results achieved              circulation  until   such    time  as   it satisfies     the
   during the checks of the braking systems shall be                 requirements, if any of the listed defects to those
   equivalent to the technical requirements of the                   items are detected. The test results achieved during
   braking Directive 7 1 / 320 /EEC .'                               the checking of the braking systems shall be equiv­
                                                                     alent to the construction and fitting requirements of
                                                                     the braking Directive 7 1 / 320 /EEC .'
                                                    Remainder unchanged