CELEX: 51991PC0243
Language: en
Date: 1991-07-04
Title: 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 )

IDOMMISSION     OP THE EUROPEAN COMMUNITIES
                                          C0M(91) 243 final
                                          •rusttit, 4 July 1901
                          Proposal for a
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        MEMBER STATES « ELATING TO ROADWORTHINESS TESTS
             FOR MOTOR VEHICLES AND THEIR TRAILERS
                            (•RAKES)
                   (orosontod toy tho CoaMiaaloa)
 ---pagebreak---                                  - 2 -
                         JEPtSHfltPiy Memoxsntiwi
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Actus! ?1 tmtlgn
Diraetiva 77/143/EEC^>, aa amended by Direct!va t8/449/EEC<*>,
concerns tha tachnlcal Inspection of heavy gooda vahiclaa, buaat,
traliara, aemi-trailera, tax la, ambulances and light gooda vahiclaa.
Thia Diraetiva aata tha frequency of taata and providaa a Mat of tha
 itama to ba taatad.
Qivan that Directive 77/143/EEC doaa not aet atandard criteria for any
of tha itama that ahould ba taatad, it ia thua naeaaaary to aat common
minimum taat atandarda in order to guarantee an equal level of aafaty
and environmental performance throughout tha Community.
Directive 91/225/EEC<3> amending Directive 77/143/EEC, which waa
recently adopted by tha Council, ia aimed at tha establishment of a
procedure for tha announcement of eeparata Directivaa for taating the
atandard of tha itama Mated in Annex M of Directive 77/143/EEC. It
alao eatabllahea a Technical Committee which givaa tha Commieeion tha
mandata to adopt meaeurea in ordar to adjuat tha technical
requirementa to progreaa.
In line with tha above, thia proposal amenda Annex ll to Diraetiva
77/143/EEC aa amended by 88/449/IEC ao aa to batter define the itama
of tha vahiela braking system that naad to be inspected together with
oritari a (objective and subjective) on tha reaaons for fa Mura of
those itama.
(1) OJ No. L47, 18.02.1977, p. 47
(2) OJ No. L222, 12.08.1988, p. 10
(3) OJ NO. L103, 23.04.1991, p. 3
 ---pagebreak---                                - 3 -
jgçQRft of thft proposai
The scope of Directives 77/143/EEC aa amended by 88/449/EEC includea
heavy and light commercial vehicles (aa well aa taxia and ambulances)
but doea not include paeeenger cara. Paaaenger care are the aubjact of
an amending propoaal C0M(86)214 (4 >. it ia the Commission's intention
to pureue the amending proposal with the utmost urgency ao aa to
ensure that ail vehicles, both paaaenger and commercial, are aubjact
to the necessary roadworthiness checks.
vehicles covered by the original Directive 77/143/EEC are eubject to a
frequency of teat at one year after the date on which the vehicle was
first used and there after annually (1,1,1,1 etc.). Vehicles subject
to amending Directive 88/449/EEC (light vans) have a teating
periodicity of four years after the date on which the vehicle wae
first used, and thereafter every two years (4,2,2,2 etc.). The
proposal C0M(86)214 would have passenger cara being firet teeted after
3 years in operation, the next after 5 yeara and thereafter annually
(3,2,1,1,1 etc.).
Member states current roadworthineaa schemes largely encapaulate the
items to be tested and their criteria for failure aa given in Annex
il. However, for those Member statea that have yet to adopt
roadworthineaa schemes for the lighter vehidea (both paeeenger and
commercial), the technical annex will provide a formula for the
minimum acceptable atandard in thia safety critical area. Tha aim
being to give a reasonable aaauranca that vehicles, across tha
Community, are maintained in an adequate road eafety condition.
(4) OJ No. C 133, 31.05.1986. p. 3
 ---pagebreak---                                         - 4-
                              PROPOSAL POR 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 TNIIt TRAILERS
                                  ^tPlPssmmmjisei-ee* /
Tha Council of tha European Commun!tlee,
having regard to tha Treaty establishing the European Economic
Community and in particular Article 75 thereof,
having regard to the proposal from the Commission*1>,
having regard to the opinion of the European Part lament<2),
having regard to the opinion of the Economic and Social Committee*3*;
whereaa, Council Directive 77/143/EEC*4) aa amended by Directive
88/449/EEC<&> provides for the regular roadworthineee testing of
certain road vehiclee only (buses, heavy and light gooda vehicles,
heavy trailere and aemi trailere, taxi and ambulances) but not for
passenger cara;
whereaa, through Council Directive 9l/225/EEC<*>, It ia the intention
to eetabiiah proceduree for the announcement of aeparate Directivee
for teating the atandard of the Iteme Meted in Annex M of the above
Directivee and alao to eetabiiah a Technical Committee which glvea the
Commies ion the mandate to adopt maaauree in order to adjust the
technical requiremonte to progress;
(1) OJ N* C
(2) OJ N" C
(3) OJ N' C
(4) OJ N' L 47, 18.02.1977, p. 47
(5) OJ N* L 222, 12.08.1988, p. 10
(6) OJ n' L 103. 23.04.1991, p. 3
 ---pagebreak---                                   - 5 -
whereas, all Member States have adopted procedurea for teating heavy
commercial vehicles with regard to the condition of the braking
system;
whereaa, aeveral Member Statee have national rules for testing the
lighter vehicles including paeeenger cara and that thoae rulee are
commensurate with the acharne outlined in thia proposal;
whereaa, assessment of the type approval procedurea for teating
vehicle braking for all vehicle typee shows that the reproduction of
those procedures within the roadworthineaa teet ie not real letic;
whereas, standards that are dictated for in aervice teeting ehould
focus on the maintenance condition of the vehicle, and thereby ite
ability to meet type approval performance standards, during a
relatively a imp la, quick and inexpenaive teat;
whereas, at thia atage it ia not practical to aet vaiuea for the
required braking efficiencies, air pressure settings and build up
times, etc. given the variance in Member States teat equipments and
procedures, the aim of brake performance teeting must be that a
realistic judgement can be made at the time of teating that the
vehicle, irreapectlve of ita laden condition within the bounde of ita
groaa weighta, would be aafe on the road and that If taatad to tha
technical requirements of the type approval braking Directive
7i/320/EEC (7) aa amended then it would pass;
whereaa, Member States may extend the ecope of the braking teat to
include vehiclea or teat Items outside the acope of thia proposal;
whereaa, Member statee may enhance the eeverity of the braking teet or
increaae the frequency of teeting;
Haa adopted thia Directive:
(7) OJ. N # L 202. 6.09.1971, p. 37.
 ---pagebreak---                                          *6 •
                                        Art ici*, l
Directive 77/143/EEC is hereby amended aa follows:
1. Para. I of Annex 11 to Directive 77/143/EEC aa amended by Directive
   88/449/EEC, which concerna Braking Système ia raplaced by
      " I , BnKlng tvstwit
      The following iteme are to be included in the roadworthineaa
      teat of vehicle Braking Système. The vehicle will fail the teat
      if any of tha Mated defeeta to thoaa Iteme are detected. The
      teet reaulta achieved during the cheeke of the braking ayateme
      ahali be equivalent to the technical requlremente of the braking
      Directive 7 1 / 3 2 0 / E E C . M
 ---pagebreak---                                 • 7-
 terns to be checked/tested          Reasons for fa Mure
1.1    Mechanical condition and
       operat ion
1.11   Footbrake pedal pivot           too tight
                                       bearing worn
                                       exceaaive wear/piay
1.12 Pedal condition and travel        exceasive or insufficient
       of the brake operating device   rwr¥9 travel
                                       brake control not releaaing
                                       correctly
                                       anti ai ip provision on
                                       brake pedal missing, loose
                                       or worn smooth
1.13 Vacuum pump or compressor         time taken to build up air
       and reservoirs                  pressure/vacuum for the
                                       effective operation of the
                                       brakee la excessive
                                       insufficient air pressure/
                                       vacuum to give aaaiatance
                                       for at leaat two applica-
                                       tions of the brake after
                                       the warning device haa
                                       operated (or gauge
                                       ahowa unaafe reading)
                                       air leak causing a
                                       not Icable drop In preeaure
                                       or audible air leaka
1.14   Low praeeure warning            malfunctioning or defective
       indicator or gauge              low preeeure indicator/
                                       air preeeure gauge
 ---pagebreak---                               - 8 -
1.15 Hand operated brake
     control valve                  cracked or damaged control,
                                    excessive wear
                                    malfunction of control
                                    valve
                                    control insecure on valve
                                    spindle or valve unit
                                    Inaecure
                                    connect lone loose or leak
                                     in aystem
                                    unaatiafactory operation
1.16 Parking brake, lever control,  parking brake ratchet not
     parking brake ratchet          holding correctly
                                    exceeeive wear at lever
                                    pivot
                                    or ratchet mechanism
                                    exceeeive movement of lever
                                    indicating incorrect
                                    adjuatment
1.17 Braking valvea (footvalvea,    damaged, exceeeive air
     un loadere, governore, etc)    leakage
                                    exceeeive dlacharge of oil
                                    from compressor
                                    inaecure/inadequate
                                    mounting
                                    dlacharge of hydraulic
                                    brake fluid
1.18 Coup linge for trailer brakea  defective (eolation tape or
                                    aelf eeallng valve
                                    inaecure/inadequate
                                    mounting
                                    exceeeive leaka
 ---pagebreak---                                . 9 «
1.19 Energy etorage reeervoir or     damaged, corroded, leaking
     preeeure tank                   drain device Inoperative
                                     Insecure/inadequate
                                     mounting
1.20 Brake servo unite, maater       servo unit ia defective or
     cylinder (hydraulic eyetame)    Ineffective
                                     maater cylinder defective
                                     or leaking
                                     maater cylinder
                                     Ineecure
                                     Insufficient quantity of
                                     brake fluid
                                     master cylinder reeervoir
                                     cap miaeing
                                     brake fluid warning light
                                     illuminated or detective
                                     incorrect functioning of
                                     brake fluid level warning
                                     device
1.21 Rigid brake pipee               riek of failure or fracture
                                     leaka from pipea or
                                     connect lone to couplings
                                     damaged or exceeeively
                                     corroded
                                     mleplaced
1.22 Flexible brake hoaes            riak of failure or fracture
                                     damaged, chafing, brake
                                     hoaes too short, twlated
                                     leaka from hoaea or
                                     coup I Inge
                                     hoae bulging under preeeure
                                     porosity
1.23 Brake cover Inge (linings       exceeeive wear
     pada)                           (where vieible)
                                     contaminated (oil, greaae,
                                     etc) (where vieible)
 ---pagebreak---                               • 10 -
1.24 Brake drume, brake diece        exceeeive wear, exceeeive
                                     ecoring, cracka, inaecure
                                     or fractured
                                     contaminated (oil, greaae,
                                     etc) where vieible
                                     back plate ineecure
1.25 Brake cablee, rode,             cablee damaged, knotted
     Ievere, linkage                 exceeeively worn or
                                     corroded
                                     cable or rod joint insecure
                                     cable guide defective
                                     any restriction to free
                                     movement of the brake
                                     eyetem
                                     any abnormal movement of
                                      levers/rods/Ilnkage
                                      indicating
                                     maladjustment or excessive
                                     wear
1.26 Brake actuatora (including      cracked or damaged
     apring brakes) or                leaking
     hydraulic wheel cytindere        Ineecure/inadequate
                                     mounting
                                     exceeeively corroded
                                     exceeeive travel of
                                     operating piaton or
                                     diaphragm mechanism
                                     duet protection cover
                                     mieelng or exeeeively
                                     damaged
 ---pagebreak---                                - 11 -
1.27 Load sensing valve               defective linkage
                                      incorrect adjustment
                                      seized, not working
                                      missing
1.28 Automatic alack adjuatere        eel ted or abnormal movement
                                      Indicating exceeeive wear
                                      or wrong adjuatment
                                      defective
1.29 Retarder eyetem (where           ineecure connectors or
     fitted or required)              mountings
                                      defective
1.3  Service brake performance
     and efficiency
1.31 Performance                       little or no braking effort
     (progressively increased         on one or more wheele
     to maximum effort)               braking effort from any
                                      wheel le leee than 70 X
                                      of the higheat recorded
                                      effort from another
                                      wheel on the same axle
                                      (where road teet necessary
                                      then vehicles deviation
                                      from a straight line on
                                      braking ia exceeeive)
                                      no gradual variation of
                                      brake effort (grabbing)
                                      abnormal time lag In brake
                                      operation at any wheel
                                      exceeeive fluctuation of
                                      brake effort due to ovallty
                                      of diece or drume
1.32 Efficiency                       brakee inefficient, minimum
                                      performance not met
 ---pagebreak---                                - 12 -
1.4  Secondary (emergency) brake
     performance and efficiency
     (if met by separate eyetem)
1.41 Performance                      brake(e) inoperative on one
                                      side
                                      braking effort from any
                                      wheel ia leee than 70 X of
                                      the higheat recorded effort
                                      from another wheel on the
                                      same axle
                                      no gradual variation of
                                      efficiency (grabbing)
                                      automatic brake eyetem not
                                      working in the case of
                                      trailere
1.42 Efficiency                       brake inefficient, minimum
                                      performance not met
1.5  Parking brake performance
     and efficiency
1.51 Performance                      brake inoperative on one
                                      eide
1.52 Efficiency                       brake Inefficient, minimum
                                      performance not met
 ---pagebreak---                              - 13 -.
1.6 Retarder or exhaust brake        no gradual variation of
    system performance               efficiency (retarder)
                                     defective
1.7 Anti-lock braking                malfunction of the
                                     ant I-lock warning device
                                     defective
 ---pagebreak---                              • 1 *f -
                                Article 2
1. Member States shall take the measures necessary to comply with this
   Directive before 1 January 1993.    They shall forthwith inform the
   Commission thereof.
2. When the Member States adopt the provisions referred to In
   paragraph 1, these shall contain a reference to thia Directive or
   ehall be accompanied by euch a reference at the time of their
   official publication.   The form of this reference ehall be decided
   by the Member Statee.
3. Member Statee ehall communicate to the Commission the provielona of
   national law which they adopt In the field governed by this
   Directive.
                                Article 3
Thle Directive le addressed to the Member States.
Done at Bruaeele,      For the Council
                                           The Preeldent
 ---pagebreak--- Competitiveness and Employment Impact Statement
I. What is the main reason for introduction this measure?
       It is recognised as being of vital importance that vehicles are
      maintained in such a condition so aa to eneure that they are
      safe and roadworthy. This proposal formaliaee the key iteme of
      the vehicles braking ayatem that need to be teeted and inspected
      giving criteria (both objective and aubjective) on the reasons
       for acceptance or failure of those itema. The proposal aims at
      gaining a reasonable assurance that vehiclea, across the
      Community, are maintained in an acceptable road aafety
      condit ion.
Il•   Features of the business in question
      All users of vehicles, the subject of Directive 77/143/EEC aa
      amended. Also, garages, technical serviced and agencies charged
      with vehicle roadworthiness testing. As things etand at the
      moment, only commercial vehicles, including taxis and ambulances
      are covered by roadworthiness Directives. The amendment to
       include passenger cars within a Community roadworthiness scheme
      remains on the table of the Council. Until this amendment is
      adopted this proposal on vehicle brake teating will not affect
      passenger cars nor those small businesses reeponeible for their
      operation and maintenance.
Ml.   What obligations does the measure impose direct I y pn ftuaJjMSS?
      Member States current roadworthiness schemee largely encapaulate
       the items to be tested and their criteria for failure aa given
       in Annex II. However, for those Member States that have yet to
      adopt roadworthiness schemes for the lighter vehiclee (both
      passenger and commercial), the technical Annex M will provide a
      formula for the minimum acceptable etandard in thia aafety
      critical area. However, as yet passenger cara will be unaffected
      by this proposal until they are included within the
      roadworthiness scheme.
 ---pagebreak--- IV.   What Indirect obligations are national, regional or local
      authorities URslY to Impose on business?
       Implementation of the obtigationa aa deecribed in ill.
v. Are thgre any asocial provisions in rtapsct of SMS't?
      Where roadworthineee teeting ie delegated to private garagee it
       ia likely that the equipment and procedures that those garages
      adopt in teeting the vehiciee' brakee will be largely uneffected
      by thie propoeal.
vi.   What is the likely affection:
«) The coffipstmvenaas ftt.fruainssa
      Thia propoeal will aqua M a e the conditione of competition by
      etandardiaing on the type of teet to be applied.
b) fqiPlQvment
      Neutral
v u . Have the relevant representative organisât lone freen consulted?
      All Member Statee roadworthineee teeting author it lee, the
      coordinating body of roadworthineea teeting agenciee (CITA), the
      European Garage Equipment association, major private teeting
      organisations, the European Motor Manufacturing induatry (CCMC
      and CLCA) and the European Freight Organiaations have been
      coneuited.
 ---pagebreak---                                          - / 13-
                                                                     ISSN 0254-1475
                                                              COM(91) 243 final
                                                      DOCUMENTS
EN                                                                              07
                                Catalogue number : CB-CO-91-285-EN-C
                                                             ISBN 92-77-73774-3
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