CELEX: 51992PC0337
Language: en
Date: 1992-09-23
Title: Proposal for a COUNCIL DIRECTIVE ON PASSENGER HAND-HOLDS ON TWO-WHEEL MOTOR VEHICLES

9 . 11 . 92                                Official Journal of the European Communities                                          No C 293 / 49
                     Proposal for a Council Directive on passenger hand-holds on two-wheel motor vehicles
                                                            ( 92 / C 293 / 08 )
                                                    COM(92) 337 final — SYN 435
                                      (Submitted by the Commission on 28 September 1992)
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                               to take account of technical progress; whereas this task
                                                                         should be entrusted to the Commission in order to simplify
 Having regard to the Treaty establishing the European                   and expedite the procedure; whereas it is advisable ,
 Economic Community , and in particular Article 100 a                    whenever the Council grants powers to the Commission for
 thereof,                                                                the implementation of the rules laid down in respect of two or
                                                                         three-wheel motor vehicles, to provide for an advance
                                                                         consultation procedure between the Commission and the
 Having regard to the proposal from the Commission ,                     Member States within an Advisory Committee ,
In cooperation with the European Parliament,
                                                                         HAS ADOPTED THIS DIRECTIVE :
Having regard to the opinion of the Economic and Social
Committee , .
Whereas it is necessary to adopt measures intended gradually                                          Article 1
to introduce the internal market over a period expiring on 31
December 1992 ; whereas the internal market comprises an                 This Directive and its Annex shall apply to passenger
entity without internal frontiers within which the free                  hand-holds of all types of two-wheel vehicles as defined in
movement of goods , persons , services and capital is                    Article 1 of Council Directive 92 /. . ./ EEC of ... on the
guaranteed ;                                                             type-approval of two or three-wheel motor vehicles .
Whereas in each Member State two-wheel motor vehicles
must , in respect of the passsenger hand-hold, display certain                                        Article 2
mandatory technical characteristics which differ from one
Member State to another; whereas this disparity constitutes a
barrier to trade within the Community ;                                  The procedure governing the granting of component
                                                                         type-approval for passenger hand-holds of a type of
                                                                         two-wheel motor vehicle and the conditions applying to
Whereas these obstacles to the establishment and operation               the free movement of said vehicles shall be those set out
of the internal market can be removed if the same
                                                                         in Directive 92 /. . ./ EEC , in the Chapters II and III
requirements are adopted by all Member States in place of                respectively.
their national regulations ;
Whereas the drawing up of harmonized requirements
                                                                                                      Article 3
concerning passenger hand-holds on two-wheel vehicles is
necessary in order to enable the type-approval and
component type-approval procedures covered by Directive                 Any amendments necessary to adapt the requirements of the
92 /. . ./ EEC to be implemented in respect of each type of             Annexes to technical progress shall be adopted in accordance
said vehicle (');                                                       with the procedure laid down in Article 4 of this
                                                                        Directive .
Whereas, given the scale and impact of the action proposed in
the sector in question , the Community measures which are
the subject of this Directive are necessary , or even                                                 Article 4
indispensable, to attain the objective set , namely Community
vehicle type-approval ; whereas this objective cannot be
adequately achieved by the Member States individually;                  In all cases where reference is made to the procedure set out in
                                                                        this Article, the representative of the Commission shall
                                                                        submit to the Committee set up by Article 12 of Directive
Whereas there is a need for the rapid adjustment of the                 70 / 156 / EEC ( 2 ) a draft of the measures to be taken . The
technical requirements set out in the Annex to this directive
                                                                        (2 ) OJ No L 42 of 23 . 2 . 1970 , p. 1 , as last amended by Directive
 ') OJ No L                                                                  92 / 53 / EEC ( OJ No L 225 , 10 , 8 . 1992 , p. 1 ).
 ---pagebreak--- No C 293 / 50                            Official Journal of the European Communities                                    9 . 11 . 92
Committee shall deliver its opinion on the draft within a time      comply with this directive not later than 1 August 1994 .
limit which the chairman may lay down according to the              They shall fortwith inform the Commission thereof.
urgency of the matter, if necessary by taking a vote.
                                                                    They shall implement these provisions with effect from
                                                                    1 October 1994 .
The opinion shall be recorded in the minutes ; in addition ,
each Member State shall have the right to ask to have its           2.     When the Member States adopt these provisions, the
position recorded in the minutes. The Commission shall take         provisions shall contain a reference to this Directive or shall
the utmost account of the opinion delivered by the                  be accompanied by such a reference when they are published
Committee . It shall inform the Committee of the manner in          in official form. The procedures for making such reference
which its opinion has been taken into account.                      shall be laid down by the Member States.
                                                                    The conditions attached to that reference shall be laid down
                                                                    by the Member States.
                          Article 5
                                                                                              Article 6
1.    The Member States shall bring into force the laws,
regulations and administrative provisions necessary to              This Directive is addressed to the Member States .
 ---pagebreak--- 9 . 11 . 92                                 Official Journal of the European Communities                                             No C 293 / 51
                                                                   ANNEX
            1.    GENERAL REQUIREMENTS
                  Where it is possible to carry a passenger the vehicle must be fitted with a passenger hand-hold system . That
                  must take the form of a belt or a hand grip or hand grips .
            1.1 . Belts
                  The belt must be fitted to the seat in such a way that it may easily be used by the passenger. The belt and its
                  attachment must be designed in such a way that they withstand , without snapping or suffering permanent
                  deformation , a vertical traction force of 2 000 N applied statically to the centre of the surface of the strap at a
                  maximum pressure of 2 MPa .
            1.2 . Hand grip
                  If a hand grip is used it must be close to the saddle and symmetrical to the median longitudinal plane of the
                  vehicle .
                  This hand grip must be designed in such a way that it is able to withstand , without snapping or suffering
                  permanent deformation , a vertical traction force of 2 000 N applied statically to the centre of the surface of
                  the hand grip at a maximum presssure of 2 MPa .
                  If two hand grips are used they must be fitted one on each side in a symmetrical manner.
                  These hand grips must be designed in such a way that each is able to withstand , without snapping or suffering
                  permanent deformation , a vertical traction force of 1 000 N applied statically to the centre of the surface of
                  the hand grip at a maximum pressure of 1 MPa .
 ---pagebreak--- No C 293 / 52                               Official Journal of the European Communities                                          9 . 11 . 92
                                                                 Appendix 1
                      Information document in respect of passenger hand-holds on a type of two-wheel motor vehicle
             (to be attached to the application for component type-approval if this is submitted separately from the application
                                                            for vehicle approval )
             Order No ( assigned by the applicant ):
             The application for component type-approval in respect of passenger hand-holds on a two-wheel motor vehicle
             shall contain the information set out under the following points in Annex II to Council Directive 92 /. . ./ EEC
             of . . .
             — under A :
                 — 0.1
                 — 0.2
                 — 0.4 to 0.6 ;
             — under B :
                 — 1.5 to 1.5.2 .
                                                                 Appendix 2
             Certificate of component type-approval in respect of restraint devices for passengers on a type of two-wheel motor
                                                                   vehicle
                                                                  MODEL
                                                                                                           Name of administration
             Report No                               by inspecting body                            date
             Component type-approval No :                               Extension No :
             1.   Mark or trade name of vehicle :
             2 . Type of vehicle :
             3.   Manufacturer's name and address :
             4 . If applicable , name and address of manufacturer s representative:
             5.   Vehicle submitted for test on :
             6 . Component type-approval granted / refused (*):
             7.   Place :
             8.   Date :
             9 . Signature:
            (') Delete as appropriate .