CELEX: 51989PC0377
Language: en
Date: 1989-07-27
Title: PROPOSAL FOR A COUNCIL DIRECTIVE ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO THE SPRAY-SUPPRESSION DEVICES OF CERTAIN CATEGORIES OF MOTOR VEHICLES AND THEIR TRAILERS

16. 10. 89                            Official Journal of the European Communities                               N o C 263/19
            Proposal for a Council Directive on the approximation of the laws of the Member States
            relating to the spray-suppression devices of certain categories of motor vehicles and their
                                                            trailers
                                                COM(89) 377 final — SYN 210
                             (Submitted   by the Commission    to the Council on 24 August 1989)
                                                        (89/C 263/06)
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,                          Whereas since it is still not possible to establish a single
                                                                   performance test for devices of this type when they are
                                                                   fitted to the various types of vehicle, it is appropriate
Having regard to the Treaty establishing the European              —in order to make a first step towards improving
Economic Community, and in particular Article 100 A                the situation—to provide for EEC component type-
thereof,                                                           approval of spray-suppression devices of this type;
                                                                   whereas for the EEC component type-approval of
                                                                   devices of this type account has been taken of the two
Having regard to the proposal from the Commission.                 types of device currently on the market, i.e. those of
                                                                   the energy-absorption type and those of the air/water
                                                                   separator type, and whereas it has been necessary to
In cooperation with the European Parliament,                       provide for two different tests depending on the types
                                                                   of device to be component type-approved; whereas
                                                                   these two tests are neither equivalent nor comparable
                                                                   and thus inevitably lead to different minimum values
Having regard to the opinion of the Economic and
                                                                   as regards the efficiency required for the granting of
Social Committee,
                                                                   EEC component type-approval;
Whereas it is important to adopt measures with the
aim of progressively establishing the internal market              Whereas, in the light of the studies, research and tests
over a period expiring on 31 December 1992; whereas                currently in progress, these two tests will subsequently
the internal market shall comprise an area without                 be amended in order to make them equivalent, without
internal frontiers in which the free movement of goods,            ruling out the possibility of being able to replace them
persons, services and capital is ensured;                          by a single performance test on the types of vehicle
                                                                   fitted with these devices;
Whereas the technical requirements which certain cate-
gories of motor vehicles and their trailers must satisfy           Whereas the approximation of national laws relating
pursuant to national laws relate, inter alia, to the spray-        to motor vehicles entails the mutual recognition by
suppression devices of such motor vehicles;                        Member States of the inspections carried out by each
                                                                   of them on the basis of common requirements,
Whereas these requirements differ from one Member
State to another; whereas it is therefore necessary that
all Member States adopt the same requirements either               HAS ADOPTED THIS DIRECTIVE:
in addition to or in place of their existing rules in
order, in particular, to enable the EEC type-approval                                        Article 1
procedure which was the subject of Council Directive
70/156/EEC of 6 February 1970 on the approximation
                                                                   1.    Member States shall grant EEC component type-
of the Member States relating to the type-approval of
                                                                   approval for any type of device, hereinafter referred to
motor vehicles and their trailers ( ! ), as last amended by
                                                                   as 'spray-suppression device', intended to reduce the
Directive 87/403/EEC, to be implemented (2);
                                                                   production of spray or the throwing-up of mud and
                                                                   pebbles, coming from tyres of moving vehicles, where
                                                                   this satisfies the requirements regarding design and
Whereas, with a view to improving road safety, it is               testing provided for in Annex II.
considered important that all commercial vehicles in
higher weight categories and with a certain minimum
design speed should be equipped with efficient spray-
                                                                   2.    A Member State which has granted EEC com-
suppression devices in order to retain water and small
                                                                   ponent type-approval shall take the measures required
objects thrown upwards and sideways from the vehicle
                                                                   to verify, in so far as is necessary and, if need be, in
tyres;
                                                                   cooperation with the competent authorities of the other
                                                                   Member States, that production models conform to the
(!) OJ No L 42, 23. 2. 1970, p. 1.                                 approved type. For this purpose the Member State shall
(2) OJ No L 220, 8. 8. 1987, p. 44.                                apply the provisions of Annex IV.
 ---pagebreak--- No C 263/20                         Official Journal of the European Communities                               16. 10. 89
                         Article 2                            ponent type-approval. The said authorities shall take
                                                              the same measures if they are informed by the com-
Member States shall, for each spray-suppression device        petent authorities of another Member State of such
which they approve pursuant to Article 1, issue to the        failure to conform.
manufacturer or to his authorized representative an
EEC component type-approval mark in conformity                2.     The competent authorities of the Member State
with the specimen in Annex II, Appendix 3.                    shall, within one month, inform each other of any
                                                              withdrawal of EEC component type-approval granted
                                                              by means of a copy of the component type-approval
Member States shall take all appropriate measures to          certificate, signed and dated and bearing in large letters
prevent the use of marks liable to create confusion           the words 'EEC Type-Approval Withdrawn', and of
between spray-suppression devices which have been             the reasons for any such measure.
component type-approved pursuant to Article 1 and
other devices.                                                3.     If the Member State which has granted the EEC
                                                              component type-approval challenges the alleged lack of
                                                              conformity, the Member States concerned shall endeav-
                                                              our to settle the disagreement. The Commission shall
                         Article 3                            be kept informed. Where necessary, it shall arrange for
                                                              appropriate discussions with a view to arriving at a
No Member State may prohibit the placing on the               solution.
market of spray-suppression devices on grounds relat-
ing to their construction or their operation if they bear
the EEC component type-approval mark.
                                                                                       Article 6
Nevertheless, this provision does not prevent a Member        Any decision taken pursuant to the provisions adopted
State from taking such measures with regard to spray-         in implementation of this Directive to refuse or with-
suppression devices bearing the EEC component type-           draw EEC component type-approval for, or to prohibit
approval mark which consistently fail to conform to           the marketing or use of spray-suppression devices, shall
the approved type.                                            set out in detail the reasons on which it is based. Such
                                                              decisions shall be notified to the party concerned, who
                                                              shall at the same time be informed of the remedies
That Member State shall forthwith inform the other            available to him under the laws in force in the Member
Member States and the Commission of the measures              States and of the time-limits fixed for availing himself
taken, specifying the reasons for its decision. The pro-      of such remedies.
visions of Article 5 shall also apply.
Non-conformity with the approved type, within the                                      Article 7
meaning of the first subparagraph, shall exist if the
requirements of Annex II have not been respected.             For the purposes of this Directive, 'vehicle' means any
                                                              motor vehicle in category N and any trailer in
                                                              category 0 as defined in Annex I to Directive 70/156/
                                                              EEC, designed for use on the road, and with a maximum
                                                              design speed exceeding 50 km/h.
                         Article 4
The competent authorities of each Member State shall,
within one month, send the competent authorities of                                     Article 8
the other Member States copies of the EEC component
type-approval certificates completed for each type of         No Member State may refuse to grant EEC type-
spray-suppression device which they approve or refuse         approval or national type-approval, nor refuse or pro-
to approve.                                                   hibit the sale, registration, placing in service or use of
                                                              vehicles on grounds relating to their spray-suppression
                                                              devices, if the latter bear the EEC component type-
                                                              approval mark and have been fitted pursuant to the
                          Article 5                           provisions of Annex III.
 1. If the Member State which has granted EEC com-
ponent type-approval finds that a number of spray-
 suppression devices bearing the same EEC component                                     Article 9
 type-approval mark do not conform to the type which
 it has approved, it shall take the necessary measures to      Any amendments necessary in order to adapt the
 ensure that production models conform to the approved         requirements of the Annexes to this Directive so as to
 type. The competent authorities of that State shall           take account of technical progress shall be adopted by
 advise those of the other Member States of the measures       the Commission in accordance with the procedure laid
 taken, which may extend to withdrawal of EEC com-             down in Article 10.
 ---pagebreak--- 16. 10. 89                             Official Journal of the European Communities                                      No C 263/21
                         Article 10                                   committee of the manner in which its opinion has been
                                                                      taken into account.
The Commission shall be assisted by a committee of
an advisory nature composed of the representatives of
the Member States and chaired by the representative of                                           Article 11
the Commission.
                                                                      1. Member States shall bring into force the pro-
                                                                      visions necessary in order to comply with this Directive
The representative of the Commission shall submit to                  by 1 October 1991. They shall forthwith inform the
the committee a draft of the measures to be taken. The                Commission thereof.
committee shall deliver its opinion on the draft within
a time-limit which the Chairman may lay down accord-                  The provisions adopted pursuant to the first indent
ing to the urgency of the matter, if necessary by taking              shall make express reference to this Directive.
a vote.
                                                                      2.     Member States shall communicate the main pro-
The opinion shall be recorded in the minutes; in                      visions of national law which they adopt in the field
addition, each Member State shall have the right to ask               covered by this Directive to the Commission.
to have its position recorded in the minutes.
                                                                                                 Article 12
The Commission shall take the utmost account of the
opinion delivered by the committee. It shall inform the               This Directive is addressed to the Member States.
                                                             ANNEX I
                                                           DEFINITIONS
             1. Spray-suppression device
                A device intended to reduce the pulverization of water and the spraying of mud or pebbles thrown
                 upwards by the tyres of the vehicle in motion. The spray-suppression device is variously made up of a
                 mudguard, rain flaps and valances equipped with an air/water separator or an energy-absorption device.
             2. Mudguard
                A rigid or semi-rigid component intended to trap the water, mud or pebbles thrown up by the tyre in
                motion and to direct it towards the ground. Mudguards may entirely or partially form an integral part
                of the vehicle bodywork or other parts of the vehicle such as the lower part of the load platform, etc.
             3. Rain flap
                A flexible component mounted vertically behind the wheel, on the lower part of the chassis or the
                loading surface, or on the mudguard.
                The rain flap must also reduce the risk of small objects, and in particular pebbles, being picked up from
                the ground by the tyres and thrown upwards or sideways towards other road users.
             4. Air/water separator
                A component forming part of the valance and/or of the rain flap through which air can pass whilst
                 reducing pulverized water emissions.
             5. Energy absorber
                 Component forming part of the mudguard and/or valance and/or rain flap which absorbs the energy of
                 water spray, thus reducing pulverized water spray.
             6. Valance
                 Component located approximately within a vertical plane that is parallel to the longitudinal plane of
                the vehicle. It may form part of a mudguard or of the vehicle bodywork.
 ---pagebreak--- No C 263/22                            Official J o u r n a l of t h e E u r o p e a n C o m m u n i t i e s                 16. 10. 89
           7. Steered wheels
              The wheels actuated by the vehicle's steering system.
           8. Self-tracking axle
               An axle pivoted about a central point in such a way that it can describe a horizontal arc. For the
              purposes of this Directive, a self-tracking axle of the 'pivot steering' type is considered to be, and treated
              as, an axle fitted with steered wheels.
           9. Self-steering wheels
              Wheels which swivel through an angle not exceeding 20° owing to the friction exerted by the ground.
         10. Lifting axle
              An axle which can be lifted from the road during normal vehicle use.
         11. Unladen vehicle
              A bodied vehicle [or with representative component(s)] and, where appropriate, with coolant liquid,
              lubricants, fuel, tools, spare wheel and driver having an estimated total mass of 75 kg.
         12. Tyre contact patch
              The part of the tyre, in contact with the road (surface), which provides grip.
         13. Type of spray-suppression device
              The expression 'type of spray-suppression device' means devices which do not differ with respect to the
              following main characteristics:
              — the physical principle adopted in order to reduce emissions (for example: water-energy absorption,
                   air/water separator, etc.),
              — materials,
              — shape,
              — dimensions (in so far as they may influence the behaviour of the material).
                                                              ANNEX 11
        REQUIREMENTS RELATING T O THE EEC COMPONENT TYPE-APPROVAL OF SPRAY-SUP-
                                                        PRESSION DEVICES
        1.      Tests to be carried out
        1.1.    Depending on their physical operating principle spray-suppression devices are to be subjected to the
                relevant tests as described in appendices 1 and 2 and must deliver the results required in item 4 of
                said appendices.
        2.      Application for EEC component type-approval
        2.1.    Application for the EEC component type approval of a type of spray-suppression device shall be
                submitted by the holder of the trade mark or name or by his authorized representative.
        2.2.    For each type the application shall be accompanied by the following documents in triplicate, and by
                the following information and materials:
        2.2.1. A technical description of the spray-suppression device indicating its physical operating principle and
                the relevant test to which it must be subjected, the materials used and one or more drawings in
                sufficient detail and to an appropriate scale to enable this (or these) to be identified.
        2.2.2. Four samples: three of which for tests and a fourth to be kept by the laboratory for any subsequent
                verification. The test laboratory may require further samples.
 ---pagebreak--- 16. 10. 89                              Official Journal of the European Communities                                           N o C 263/23
           2.3.     Markings
                  Each sample must be clearly and indelibly marked with the applicant's trade name or mark and
                  include a space that is large enough to receive the EEC component type-approval mark.
           3.     EEC component type approval
           3.1.   Where the samples that are representative of the type of device to be type approved pass the relevant
                  tests as described in appendices 1 and 2, EEC type-approval is issued for that type of spray-suppression
                  device.
           3.2.   A component type-approval number is assigned to each type of EEC component type-approved spray-
                  suppression device.
           3.3.   Any spray-suppression device in conformity with a type approved pursuant to this Directive shall bear
                  an EEC component type-approval mark, which shall be so affixed as to be indelible and easily legible
                  even when the device is fitted to the vehicle.
           3.4.   The EEC component type-approval mark (a model of which is shown in Appendix 3 to this annex)
                  shall consist of:
           3.4.1. a rectangle surrounding the lower-case letter 'e', followed by the distinguishing letter(s) or number of
                  the Member State which has granted the EEC component type-approval;
                  1 for the Federal Republic of Germany,
                  2 for France,
                  3 for Italy,
                  4 for the Netherlands,
                  6 for Belgium,
                  9 for Spain,
                  11 for the United Kingdom,
                  13 for Luxembourg,
                  18 for Denmark,
                  21 for Portugal,
                  EL for Greece and
                  IRL for Ireland;
           3.4.2. the EEC component type-approval number (corresponding to the number on the component type-
                  approval certificate, a model of which is shown in Appendix 4 to this annex), which shall be placed
                  close to the rectangle, either below the letter 'e', or to the left or right of that letter. The digits of the
                  component type-approval number shall be placed on the same side of the letter 'e' and shall face in
                  the same direction. The use of Roman numerals in component type-approval numbers must be avoided
                  in order to prevent any confusion with other symbols;
           3.4.3. the letter 'A' or the letter 'S', depending on whether the device is of the energy-absorption type (A) or
                  of the air/water separator type (S), located in any position above and close to the rectangle.
                                                               Appendix 1
                 TESTS ON SPRAY-SUPPRESSION DEVICES OF THE WATER ENERGY-ABSORPTION TYPE
           1.      Principle
                  The aim of this test is to quantify the ability of a device to retain the water directed against it by a
                   series of jets. The test assembly is intended to reproduce the conditions under which the equipment is
                   to function when fitted to a vehicle as regards the volume and speed of the water thrown up by the
                   tyre tread in contact with the ground.
           2.      Equipment
                   See Figure 8 for a description of the test assembly. The tests shall be carried out in a still-air
                   environment.
 ---pagebreak--- No C 263/24                          Official Journal of the European Communities                                         16. 10. 89
          3.    Procedure
          3.1.  Secure a 500 ( + 0/ - 5) mm wide, 750 mm long sample of the equipment to be tested, to the vertical
                frame of the testing equipment, making sure that the sample lies well within the limits of the collector,
                and that no obstacle is able to deflect the water, either before or after its impact.
          3.2.  Set the water flowrate at 0.675 ( + 0.01) 1/s and direct at least 90 1 on to the sample from a horizontal
                distance of 500 ( + / - 2) mm (Figure 8).
          3.3. Allow the water to trickle from the sample into the collector and calculate the percentage (difference)
               between the quantity of water collected and the quantity of water sprayed.
          3.4. Repeat the test five times and calculate the average percentage amount of water collected.
         4.     Results
         4.1.  The calculated average percentage of water collected during the five tests shall not be less than 70%
               of the amount of water directed on to the device.
         4.2.  If the highest and lowest percentages of water collected depart from the average percentage by more
               than 5%, the test will not be valid and shall be repeated.
               If even in this second test the highest and lowest percentages of water recovered again depart from
               the average percentage by more than 5%, and/or if the average value does not satisfy the requirements
               of item 4.1 of this Appendix, approval shall be refused.
         4.3.  Where the vertical position of the material or the device influences the results obtained, the procedure
               described in items 3.1 and 3.4 above must be repeated in the positions giving the highest and lowest
               percentages of water collected; the requirements of item 4.2 remain in force. The requirements of item
               4.1 above remain in force in order to give the results of each test.
                                                           Appendix 2
                 TESTS ON SPRAY-SUPPRESSION DEVICES OF THE AIR/WATER SEPARATOR TYPE
         1.    Principle
               This test is intended to determine the effectiveness of a porous material intended to retain the water
               with which it has been sprayed by means of a pressurized air/water pulverizer.
               The equipment used for the test must simulate the conditions to which the material would be
               submitted, with regard to the volume and speed of the water sprays produced by the tyres, if it were
               fitted to a vehicle.
         2.    Equipment
         2.1.  The test assembly is as described in Figure 9.
         3.    Procedure
         3.1.  Secure a 305 x 100 mm sample vertically in the test assembly, check that there are no air bubbles
               between the sample and the upper curved plate and that the tray is properly in position. Fill the
               pulverizer tank with exactly one litre of water and place this as described in the diagram.
         3.2.  The pulverizer shall be regulated as follows:
               pressure (at pulverizer): 5 bar + 10% / — 0%
               flowrate: 1 litre/minute + / — 5 seconds
               pulverization: circular, roughly 50 mm in diameter at 200 mm from the sample, nozzle 5 mm in
               diameter.
 ---pagebreak--- 16. 10. 89                           Official Journal of the European Communities                                    N o C 263/25
           3.3. Pulverize until there is no more water vapour and note the time taken. Let the water flow out of the
                sample onto the tray for 60 seconds and measure the volume of water collected. Possibly measure the
                quantity of water remaining in the pulverizer tank. Calculate the percentage by volume of water
                collected versus the volume of water pulverized.
           3.4. Repeat the test five times and calculate the average percentage of the quantity collected. Check before
                each test that the tray, pulverizer tank and measuring vessel are dry.
           4.   Results
           4.1. The calculated average percentage of water collected at the end of five tests must not be less than
                85% of the quantity of water sprayed on to the device.
           4.2. If the highest and lowest percentages of water collected vary by more than 5% of the average
                percentage, the test is not valid and must be repeated.
 ---pagebreak--- No C 263/26                         Official Journal of the European Communities                                    16. 10. 89
                                                          Appendix 3
                             MODEL OF THE EEC COMPONENT TYPE-APPROVAL MARK
                                                                                                a ^   1 2 mm
                                                                                                         2a
         The spray-suppression device bearing the above EEC type-approval mark is a device of the energy-absorption
         type (A), which has been approved in Spain (e 9) under Number 148. The figures used are only indicative.
 ---pagebreak--- 16. 10. 89                            Official Journal of the European Communities                                    N o C 263/27
                                                              Appendix 4
                           MODEL OF THE EEC COMPONENT TYPE-APPROVAL CERTIFICATE
                                              (Maximum format: A4 (210 x 297 mm)
              e...                                                                        Name of Administration
           Communication    concerning the granting, refusal, withdrawal or extension of EEC component     type-approval
                                            in respect of a type spray-suppression  device
           EEC component type-approval number:                                  Extension number:
             1. Trade mark or name of device
             2. Type and category of device: energy-absorption/air/water separator (*)
            3. Name and address of manufacturer
            4. Name and address of manufacturer's authorized representative (if any)
            5. Characteristics of spray-suppression devices mounted on the vehicle (brief description, trade mark or
                 name, numbers)
            6. Date on which the device was submitted for EEC component type-approval
            7. Technical service responsible for the EEC component type-approval tests
             8. Date and number of test report issued by the technical service
             9. Date on which EEC component type-approval was granted/refused/withdrawn/extended (*)
           10. Reason(s) for the extension of EEC component type-approval (where applicable)
           11. Place
           12. Date
           13. Signature
           14. Annexed is a list of documents making up the EEC component type-approval file, deposited with the
                 competent authority which granted that approval; a copy can be obtained on request.
           15. Remarks (if any)
           (*) Delete as appropriate.
 ---pagebreak--- No C 263/28                          Official Journal of the European Communities                                       16. 10. 89
                                                           ANNEX 111
          REQUIREMENTS RELATING T O THE EEC TYPE-APPROVAL OF A TYPE OF VEHICLE WITH
                              REGARD T O THE FITTING OF SPRAY-SUPPRESSION DEVICES
          SCOPE
          1.     All category N2, N3, 03 and 04 vehicles must be constructed and/or fitted with spray-suppression
                 devices in such a way as to meet the following requirements.
          2.     The requirements laid down in item 1 above shall, however, not apply to chassis/cab vehicles, or
                 unbodied vehicles, to 'off-road' vehicles as defined in Directive 70/156/EEC, or to vehicles in which
                 the presence of spray-suppression devices is incompatible with their use.
          GENERAL REQUIREMENTS
          3.     Axles
                 Where a vehicle is fitted with one or more lifting axles, the spray suppression device must:
          3.1.   cover all of the wheels when the axle is lowered and the wheels in contact with the ground when
                 the axle is raised;
          3.2.   satisfy the conditions applicable to rigid axles if mounted on the pivoting part. If not mounted on
                 that part it must satisfy the conditions that are applicable to steered wheels.
          4.     Position of outer valance
          4.1.   In the case of non-steered wheels the distance 'c' between the longitudinal plane tangential to the
                 outer tyre wall, apart from any tyre bulge near the ground, and the inner edge of the valance shall
                 not exceed 75 mm unless the radius of the inner edge of the valance, as defined in items 7.2, 8.2
                 and 9.2, is less than 1,0 R, in which case it must not exceed 100 mm (Fig. 1).
          4.2.   In the case of steered and self-steering wheels distance 'c' shall not exceed 100 mm.
          5.     State of vehicle
                 For the checking of compliance with this Directive the vehicle must be in the following state:
                 (a) it must be unladen and tractors for articulated units must be connected to their semi-trailers. In
                     every case the wheels shall be in the straight-ahead position;
                 (b) the loading surfaces of semi-trailers must be horizontal;
                 (c) the tyres must be inflated to their normal pressure.
          6.     Mudguards and rain flaps
          6.1.   The mudguards and rain flaps of non-steered wheels that are covered by the bodywork floor, or by
                 the lower part of the load platform, must meet the specification set out in item 7 or 8 or 9 below.
          6.2.   Mudguards and rain flaps for the other wheels must meet the specifications set out in item 7 or 9
                 below.
          SPECIFIC REQUIREMENTS
          7.     Requirements concerning spray-suppression devices for axles fitted with steered or self-steering or
                 non-steered wheels
          7.1.    Mudguards
          7.1.1. The mudguards must cover the zone immediately above, ahead and behind the tyre or tyres:
 ---pagebreak--- 16. 10. 89                            Official Journal of the European Communities                                     No C 263/29
                  a) in the case of a single or multiple axle where distance 'd' (Fig. 4) between the tyres fitted to the
                      adjacent axles exceeds 300 mm, the forward edge (Fig. 2, tip C) must extend forwards to reach
                      a line O-Z where theta = 30° above the horizontal at the most for axles fitted with steering or
                      self-steering wheels, or 20° at the most for axles fitted with non-steered wheels.
                      The rearmost edge (Fig. 2, tip A) must extend downwards in such a way as not to be more than
                      100 mm above a horizontal line passing through the centre of the wheel.
                  b) in the case of multiple axles where the distance 'd' between the tyres fitted to the adjacent axles
                      does not exceed 300 mm, the mudguard must be as shown in Figure 4a.
                  c) the mudguard must possess a total width 'q' (Fig. 1) at least adequate to cover the entire width
                      of the tyre 'b' or the entire width of two tyres V in the case of twin wheels, account being taken
                      of the extremes for the tyre/wheel unit specified by the manufacturer. Dimensions 'b' and Y
                      shall be measured at hub height, excluding any markings, ribs, protective bands, etc. on the tyre
                      walls.
           7.1.2. The front side of the rear part of the mudguard must be fitted with a spray-reduction device
                  complying with the specifications set out in Annex II. This material must cover the inside of the
                  mudguard up to a height determined by a straight line running from the centre of the wheel and
                  forming an angle of at least 30° with the horizontal (Fig. 3).
           7.1.3. If the mudguards are made up of several components, where these are fitted, they must not
                  incorporate any aperture enabling spray to exit while the vehicle is in motion.
           7.2.   Outer valances
           7.2.1. In the case of single axles, or multiple axles where the distance 'd' between the tyres on adjacent
                  axles exceeds 300 mm, the lower edge of the outer valance may not be situated beyond the following
                  distances and radii, as measured from the centre of the wheel (see Figure 2).
                  a) Axles fitted with steered wheels or self-steering wheels: Rv = 1,5 R
                  — Front edge (towards the front of the vehicle) (tip C at 30°)
                  — Rear edge (towards the rear of the vehicle) (tip A at 100 mm)
                  — Top (immediately above the tyre)
                  b) Axles fitted with non-steered wheels: RV = 1,25 R
                  — Front edge (tip C at 20°)
                  — Rear edge (tip A at 100 mm)
                  — Top (immediately above the tyre)
                  where R is the radius of the tyre fitted to the vehicle, and Rv the distance, expressed as a radius, at
                  which the lower edge of the outer valance is situated.
           7.2.2. In the case of multiple axles where distance 'd' between the tyres on adjacent axles does not exceed
                  300 mm, the outer valances located in the space between the axles shall be located at the distances
                  set out in 7.2.1 and must extend downwards in such a way as not to be more than 150 mm above a
                  horizontal line passing through the centre of the wheels, or in such a way that the horizontal distance
                  between their lower extremities does not exceed 60 mm (Figure 4a).
           7.2.3. The depth of the outer valance must extend to not less than 45 mm, at all points behind a vertical
                  line passing through the centre of the wheel. The depth of the valances may be gradually reduced in
                  front of this line.
           7.3.   Rain flaps
           7.3.1. The width of the flap must fulfil the requirement for 'q' in item 7.1.1 c), except where the flap is
                  within the mudguards, in which case it must be at least equal in width to the tread of the tyre.
           7.3.2. The basic orientation of the flap must be essentially vertical.
           7.3.3. The distance to the lower edge of the flap shall not exceed 200 mm from the ground (Figure 3).
           7.3.4.  The rain flap shall not be more than 300 mm from the rearmost edge of the tyre, measured
                   horizontally.
 ---pagebreak--- No C 263/30                         Official Journal of the European Communities                                          16. 10. 89
         7.3.5.  In the case of multiple axles where distance 'd' between the tyres on adjacent axles is less than
                 250 mm, only the rear set of wheels must be fitted with rain flaps. There must be a rain flap behind
                 each wheel when distance 'd' between the tyres on adjacent axles is at least 250 mm (Figure 4b).
         7.3.6.  Rain flaps shall not be deflected by more than 100 mm towards the rear under a force of 3 N per
                 100 mm of flap width, applied to a point located 50 mm above the lower edge of the flaps.
         7.3.7.  The whole of the front face of the part of the rain flap having the minimum dimensions required
                 must be fitted with a spray-suppression device that meets the specifications set out in Annex II,
                 appendix 1.
         7.3.8.  No aperture enabling spray to emerge may exist between the lower rear edge of the mudguard and
                 the rain flaps.
         7.3.9. Where the spray-suppression device meets the specifications relating to rain flaps (item 7.3) no
                additional rain flap is required.
         8.     Requirements relating to spray-suppression devices fitted with energy absorbers for certain axles
                that are fitted with non-steered or self-steering wheels (see item 6.1 above).
         8.1.     Mudguards
         8.1.1. Mudguards shall cover the zone immediately above the tyre or tyres. Their front and rear extremities
                must extend at least to the horizontal plane that is tangent to the upper edge of the tyre or tyres
                (Figure 5). However, the rear extremity may be replaced by the rain flap, in which case this must
                extend to the upper part of the mudguard (or equivalent component).
         8.1.2. All of the inner rear part of the mudguard must be fitted with a spray-suppression device that meets
                the requirements set out in Annex II, appendix 1.
         8.2.   Outer valances
         8.2.1. In the case of single or multiple axles where the distance between         the adjacent tyres is at least
                250 mm, the outer valance must cover the surface extending from the       lower to the upper part of the
                mudguard up to a straight line formed by the tangent to the upper         edge of the tyre or tyres and
                lying between the vertical plane formed by the tangent to the front of    the tyre and the mudguard or
                rain flap located behind the wheel or wheels (Figure 5b).
                In the case of multiple axles an outer valance must be by each wheel.
         8.2.2. No aperture enabling spray to emerge may exist between the outer valance and the inner part of the
                mudguard.
         8.2.3. Where rain flaps are not fitted behind each wheel (see item 7.3.5), the outer valance must be unbroken
                between the outer edge of the rain flap to the vertical plane that is tangent to the point furthest to
                the front of the tyre (Fig. 5a) of the first axle.
         8.2.4. The entire inner surface of the outer valance, the height of which must not be less than 100 mm,
                must be fitted with an energy absorber complying with the specifications set out in Annex II,
                appendix 1.
         8.3.   Rain flaps
                These flaps must extend to the lower part of the mudguard and comply with items 7.3.1 to 7.3.9.
         9.     Requirements concerning spray-suppression devices fitted with air/water separators for axles with
                steered and non-steered wheels.
         9.1.     Mudguards
         9.1.1. Mudguards shall comply with item 7.1.1 c).
         9.1.2. Mudguards for single or multiple axles where the distance between the tyres on adjacent axles
                exceeds 300 mm shall also comply with item 7.1.1 a).
         9.1.3. In the case of multiple axles where the distance between the tyres on adjacent axles does not exceed
                300 mm the mudguards must also conform to the model shown in Figure 7.
 ---pagebreak--- 16. 10. 89                              Official Journal of the European Communities                                       No C 263/31
           9.2.     Outer valances
           9.2.1.   The low edges of the outer valances must be fitted with spray-suppression devices complying with
                    the provisions in appendix 2 of Annex II.
           9.2.2.   In the case of single or multiple axles where the distance between the tyres on adjacent axles exceeds
                    300 mm, the lower edge of the spray-suppression device fitted to the outer valance must have the
                    following maximum dimensions and radii, starting from the centre of the wheel (Figure 6):
                    (a) Axles fitted with steered wheels or self-steering wheels: Rv = 1,05 R
                    — Front edge (towards the front of the vehicle) (tip C at 30°)
                    — Rear edge (towards the rear of the vehicle) (tip A at 100 mm)
                    — Top (immediately above the tyre)
                    (b) Axles fitted with non-steered wheels: Rv = 1,00 R
                    — Front edge (tip C at 20°)
                    — Rear edge (tip A at 100 mm)
                    — Top (immediately above tyre)
                    where R = radius of tyre fitted to vehicle and Rv = radial distance from the lowest edge of the outer
                    valance to the centre of the wheel.
           9.2.3.   In the case of multiple axles where the    distance between the tyres on adjacent axles does not exceed
                    300 mm, the outer valances located in      the inter-axle spaces must follow the path specified in 9.1.3,
                    and must extend downwards in such          a way as not to be more than 100 mm above a horizontal
                    straight line passing through the wheel    centres (Figure 7).
           9.2.4.   The depth of the outer valance must extend to not less than 45 mm, at all points behind a vertical
                    line passing through the centre of the wheel. This depth may be gradually reduced in front of this
                    line.
           9.2.5.   No aperture enabling spray to emerge must exist in the outer valances or between the outer valances
                    and the mudguards.
           9.3.     Rain flaps
           9.3.1.   Rain flaps shall:
                    a)    comply with item 7.3 (Figure 3) or
                    b)    comply with items 7.3.1, 7.3.2, 7.3.8 and 9.3.2 (Figure 6)
           9.3.2.   Spray suppression equipment complying with the specifications set out in Annex II, appendix 2, shall
                    be fitted to the rain flaps referred to in item 9.3.1 b), at least along the full edge.
           9.3.2.1. The lower edge of this device shall be not more than 200 mm from the ground.
           9.3.2.2. This device must be at least 100 mm deep.
           9.3.3.   The rain flap shall not be more than 200 mm from the rearmost edge of the tyre, measured
                    horizontally.
           9.3.4.   Item 7.3.5 applies as well.
           9.3.5.   Apart from the lower part, which includes the air/water separator type of spray-suppression device,
                    the rain flap must not bend by more than 100 mm towards the rear under the effect of a force of
                    3N per 100 mm of width of the rain flap applied immediately to the spray-suppression device in its
                    working position.
 ---pagebreak--- No C 263/32                          Official Journal of the European Communities                                      16. 10. 89
                                                             Appendix
                                                              Model
                                             Maximum format: A4 (210 x 297 mm)
          ANNEX T O THE EEC TYPE-APPROVAL CERTIFICATE IN RESPECT OF A TYPE OF VEHICLE WITH
                              REGARD T O THE FITTING OF SPRAY-SUPPRESSION DEVICES
          Articles 4(2) and 10 of Council Directive 70/156/EEC 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
                                                                                         Name of administration
          EEC type-approval number                               Extension number
            1. Trade mark or name of vehicle
           2. Type of vehicle and category
           3. Name and address of manufacturer
           4. Name and address of manufacturer's authorized representative (if any)
           5. Characteristics of the spray-suppression devices [type, brief description, trade mark or name, component
               type-approval number(s)]
           6. Vehicle submitted for EEC type-approval tests on
           7. Technical service responsible for the EEC type-approval tests
           8. Date of test report issued by the technical service
           9. Number of test report issued by the technical service
          10. Reason(s) for the extension of EEC type-approval (where applicable)
          11. The extension of EEC type-approval in respect of the fitting of spray-suppression devices has been
               granted/refused (')
          12. Place
          13. Date
          14. Signature
          15. Annexed is a list of documents making up the type-approval file, deposited with the competent authority
                which granted EEC type-approval; a copy can be obtained on request.
          16. Remarks (if any)
          (*) Delete as appropriate.
 ---pagebreak--- 16. 10. 89                             Official Journal of the European Communities                                  No C 263/33
                                                          ANNEX IV
            CONFORMITY OF PRODUCTION, GENERAL SPECIFICATIONS, CESSATION OF PRODUCTION
           1.   Conformity of production
           1.1. Any spray-suppression device bearing the EEC component type-approval mark shall conform to the
                type that has been component type-approved. The authority issuing the type-approval mark shall keep
                one sample which, together with the EEC component type-approval certificate, may be used to establish
                whether the devices marketed which bear the EEC component type-approval mark meet the stated
                requirements.
           1.2. A type of device shall be defined by the model and descriptive documents lodged at the time of
                application for EEC component type-approval. Devices whose characteristics are identical with those
                of the pattern device and whose other components do not differ from those of the pattern device
                except for variants not effecting the properties referred to in this annex may be considered to belong
                to the same type.
           1.3. The manufacturer shall carry out routine checks in order to guarantee the conformity of production
                of the type that has been component type-approved.
                To this end the manufacturer shall:
                — either have available a laboratory which is sufficiently well-equipped for the execution of the
                     essential tests, or
                — have the production-conformity tests carried out by an approved laboratory.
                The results of the production conformity checks shall be made available for inspection by the competent
                authorities for at least one year.
           1.4. The competent authorities may also conduct spot checks.
           1.5. Conformity of production with the type of device that has been component type-approved shall be
                checked under the conditions and in accordance with the methods provided for in Annex II.
           1.6. Conformity of production exists if 9 out of 10 specimens chosen at random satisfy the requirements
                of item 4 of Annex II, Appendices 1 and 2.
           1.7. If the condition specified in 1.6 is not satisfied, a further 10 specimens chosen at random must be
                examined. The average of all measurements taken must be in conformity with the specifications of
                item 4 of Annex II, Appendices 1 and 2 and no individual measurement must be less than 95 % of the
                value specified.
           2.   General specifications
           2.1. Spray-suppression devices of this type shall be constructed in such a way that they operate properly
                when used normally on wet roads. Moreover, they shall incorporate no structural or manufacturing
                defect detrimental to their proper functioning or behaviour.
           3.   Cessation of production
           3.1. If the holder of an EEC component type-approval entirely ceases production, he shall forthwith inform
                the competent authorities thereof.
 ---pagebreak--- No C 263/34                          Official Journal of the European Communities                    16. 10. 89
                                                            Figure 1
                                      Width (q) of mudguard (a) and position of valance (j)
                                               q (7.1.1.       c)
                                                                                            c (4.1.)
         Note: The figures refer to the corresponding items in Annex III.
 ---pagebreak--- 16. 10. 89                           Official Journal of the European Communities                No C 263/35
                                                              Figure 2
                                           Dimensions of mudguard and outer valance
                                                                  T
                                                                                       (7.2.)
           Note: 1. The figures quoted relate to the corresponding items in Annex III.
                  2. T: extent of mudguard.
                                                               Figure 3
                                                 Position of mudguard and rain flap
                                                                                          (7.1.2.)
                                                                                          (7.3.)
                                                                                         mm max,
            Note: The figures quoted relate to the corresponding items in Annex III.
 ---pagebreak--- No C 263/36                          Official Journal of the European Communities                              16. 10. 89
                                                            Figures 4
                        Mudguards and outer valance for steered or self-steering or non-steered wheels
                                                     6 0 mm m a x . / 1 5 0 mm max.    (7.2.2.)
                              a) Dimensions of mudguards and outer valances for multiple axles
          Note: 1. The figures quoted relate to the following items in Annex III.
                2. T: extent of mudguard.
                                                                                                              (7.3.5.)
                                                                                                3 0 0 mm max,
                                   b) Position of spray-suppression devices for multiple axles
          Note: The figures relate to the corresponding items in Annex III.
 ---pagebreak--- 16. 10. 89                            Official Journal of the European Communities                                     No C 263/37
                                                               Figure 5
            Position of spray-suppression devices fitted with energy absorbers for axles fitted with non-steered or self-
                                           steering wheels (Annex HI — items 6.2 and 8)
                        100 mm min.
                                                                                                          200 mm max
                                                         < 250 mm                            300 mm max.
           a) Multiple axles where the distance between the tyres is less than 250 mm
                                                                   (item 8.1. and 8.3.)
             100 mm min.
           I
                    > ^ ^          $5Jw                       N^\\ ^V^                     \ \
           t                                                                               \
                                  I                                                                       200 mm max.
                                  I
                                                                               y                                  \
                                                        d
                                                                                                  I             i i
                                                  • ^ — — » •                     —  «  i         U—
                                              >. 250 mm                             300 mm max.
              b) Single axles or multiple axles where the distance between the tyres is not less than 250 mm
 ---pagebreak--- No C 263/38                         Official Journal of the European Communities                                       16. 10. 89
                                                               Figure 6
          The location of spray-suppression devices fitted with air/water separators for axles fitted with steered and
                                                         non-steered wheels
                                         /                 45 mm m i n . (9.2.A.)
                                                                                                      A 200 mm max.
         Note: 1. The figures relate to the corresponding items in Annex III.
                2. T: extent of mudguard.
                                                               Figure 7
          Location of spray-suppression devices (mudguard, rain flap, outer valance) for multiple axles where the
                                       distance between the tyres does not exceed 300 mm
                                           45 mm m i n .   (9.2.A.)
                                                                                       45 mm m i n .  (9.2.%.)
                                                             (9.2.1.)
                                                            d ^  300
                       d ^.250
         Note: 1. The figures relate to the corresponding items in Annex III.
                2. T: extent of mudguard.
 ---pagebreak--- 16. 10. 89                             Official Journal of the European Communities                          No C 263/39
                                                               Figure 8
                                   Test assembly for energy absorbers (See Annex II, Appendix 1)
                                                             F    500+2
             J 00 mir\.| a                     200         »)J00 rci'V
                            2T
     fc
           Note: A    =  water supply from pump.
                   B  =  flow towards collector tank.
                   C  =  collector with inside dimension of 500 + 5/ - 0 mm length and 75 + 2/ - 0 mm width.
                   D  =  thin-wall, 54 mm diameter pipe.
                   E  =  12 holes drilled radially as shown, diameter 1.68 + 0 . 2 5 / - 0 mm.
                   F  =  500 + 0/ - 0 mm-wide sample to be tested.
           All linear dimensions are shown in millimetres
 ---pagebreak---  No C 263/40                  Official Journal of the European Communities                             16. 10. 89
                                                     Figure 9
                        Test assembly for air/water separators (See Annex II, Appendix 2)
                                                                                    ^     . \ pulverizer
   sample
                 sample
305 mm                                                                                            _____jjS*22>
                                          200 mm
        collecto