CELEX: 51974PC2172
Language: en
Date: 1974-12-20
Title: Proposal for a COUNCIL DIRECTIVE on the approximation of the laws of the Member States relating to towing hooks on motor vehicles (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (74) 2172
Vol. 1974/0359
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 ---pagebreak--- COMMISSION QE THE EUROPBAN COMMUOTTIES
                                                        . COM(74)2172 final
                                                          Brussels , 20 December 1974
                                 Proposai for a
                                COUNCIL DIRECTIVE
                on the approximation of the laws of the Member
                      y
               States relating to towing hooks on motor vehicles
                 ( submitted to the Council by the Commission)
  COM(74) 2172 final
 ---pagebreak---                         EXPLANATORY MEMORANDUM
               This proposal for a Directive is to form part of
the Community type-approval procedure provided for in Council
Directive 70/156/EEC ^of 6 February 1970 .
               It concerns the requirements as to towing hooks on
motor vehicles .
               The Commission has decided that vehicles must be
 fitted with a device for the attachment of a towing bar or cable
since such a device has proved not only useful but necessary for
the removal of vehicles which have broken down on the public
highway . Where such a device is absent at the front , the towing
of vehicles is delayed and complicated , and their safety may be
impaired since an improvised fitting ( on the bumper bar or some
other part of the vehicle ) can damage the steering mechanism .
               The Commission has examined with particular attention
the objections raised as regards the desirability of fitting such
devices to the rear of vehicles . The following objections have
been noted in respect in particular of vehicles in category M ,   s
 1.  A large number of vehicles are not able to tow by reason of
     their relatively low engine power and the lightness of their
     construction .
2.   In the case of vehicles of integral construction it is in
     general difficult , for reasons of construction , to adapt the
     towing devices to the bodywork in a manner enabling alternating
     forces to be absorbed .
3»   Certain vehicles equipped with automatic transmission are not
     able to be towed , or only in certain circumstances .
^ O.J. NO 42, 23 February 1970.
 ---pagebreak---                           3
          Article 3 specifies the procedure to be followed
for the adaptation to technical progress of the requirements
laid down in the Annex , which is the procedure set out in
Article 13 of the Council Directive of 6 February 1970 on
the type-approval of motor vehicles and their trailers .
          Article   sets two time limits ; before .expiry of the
first , the Member States must adopt and publish the measures
necessary for compliance with the directive .    The second
determines the date on which all the Marnber States must
simultaneously apply the common rules ( Article Zj. ( l ) ).
          The Commission must be notified of all * provisions
which the Member States propose to adopt in the field covered
by the Directive in sufficient time to enable it to submit
comments on such draft provisions ( Article Zf ( 2 ) )•
CONSULTATION OF THE EUROPEAN PARLIAMENT AND THE ECONOMIC AND
SOCIAL COMMITTEE
          The opinion of these two institutions is required
under the second paragraph of Article 100 .
                                                             • • •/• • •
 ---pagebreak---                             • u w
   THE COUNCIL OF tHE' EUROPEAN . COMMUNITIES'J ■
' Having regard' to the Treaty establishing the European
   Economic Community , and in particular Article 100 there of ;
   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 the technical requirements which motor vehicles must
   satisfy pursuant to national laws relate , inter alia , to
   towing hooks J • ,
   Whereas those requirements differ from one Member State to
   another , and whereas it is therefore necessary that all of -the
   Member States adopt the same requirements either in addition
   to or in place of their existing requirements in order , in
   particular , ; to allow the EEC type-approval procedure , which
   was the subject ®f the Council Directive 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      ..
   Whereas the approximation of the laws of the Member States
   relating to motor vehicles implies recognition in all Member
   States of the inspections carried out by each of them on the
   basis of common requirements ; whereas , in order to function
   properly , such a system must be applied by all Member States
   with effect from the same date :
   HAS ADOPTED THIS DIRECTIVE :
  ^ O.J. NO L 42, 23 February 1970, p„ 1,
                                                             • • •/* • •
 ---pagebreak---                               5
                      Article 1
For the purposes of this Directive , "vehicle " means any motor
vehicle intended for use on the road , with or without bodywork ,
having at least four wheels and a maximum design speed exceed­
ing 25 km/h , with the exception of vehicles which run on rails ,
agricultural tractors and machinery and engineering plant .
                      Article 2
1.        No Member State may refuse to grant EEC typo-approval
of a vehicle on grounds relating to towing hooks if its towing
hooks satisfy the requirements set out in the Annex .
2.        Similarly , no Member State may refuse to grant national
type-approval or , where no such approval exists , refuse the
registration or prohibit the sale , putting into circulation
or use of a vehicle on the grounds or in the circumstances
specified in paragraph 1 .
                      Article 3
Any adjustment of the provisions contained in this Directive needed to taks
account of technical progress shall be adopted in accordance
with the procedure laid down in Article 13 of the Council
Directive of 6 February 1970 on the apprsximation of the laws
of the Member States relating to the type-approval of motor
vehicles and their trailers .
                      Article U
1.        The Member States shall adopt and publish provisions
containing the requirements needed to comply with this Directive
before 1 April 1976 and shall forthwith inform the Commission
thereof .
          They shall apply those provisions with effect from 1 October 1976 .
2.        Once notification of this Directive has been effected ,
the Member States shall , in sufficient time to enable it to
submit its comments , inform the Commission of all draft laws ,
regulations or administrative provisions which they intend to
adopt in the field covered by this Directive .
                                                                  • • •/ • • •
 ---pagebreak---                       - '6 - '
                     Article 5
This Directive is addressed to the Member States .
 ---pagebreak---                       ANNEX
Towing hooks
1.1 . A device of adequate size and ease of access for
      the attachment of a towing bar or rod shall be
      fitted to the front of all vehicles .
1.2 . Vehicles in category        ( as defined in Annex I to
      Directive No 7G/15> 6 /Z;Jv of 6 February 1970 on type-
      apprevel ) ciUFt , with the exception of those vehicles
      not authorized to tow a load , SXFO be fir-ted at the
      rear with a tewing device as stipulated in item 1.1 .
      above .
I«3 . No towing device roust project beyond the forward ,
      rear and side extremities of the vehicle .
                                                   /