CELEX: 51988PC0706
Language: en
Date: 1989-01-11
Title: Proposal for a COUNCIL DIRECTIVE on speed limits for certain categories of motor vehicles in the Community (presented by the Commission)

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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                         COM(88 ) 706 final
                                         Brussels , 11 January 1989
                                      M            A-V 18
                                      Щ                     ш
                             Proposai for a ^^ j
                             Proposai for a         SO
                           COUNCIL DIRECTIVE
      on speed limits for certain categories of motor vehicles
                            in the Community
                    ( presented by the Commission )
 ---pagebreak---                         EXPLANATORY MEMORANDUM
A. GENERAL POINTS
      1 • The Commission informed the Council in its first
          Communication ( 1 ) on European Road Safety Year 1986 ,
          that it intended to present a proposal for
          harmonization of speed limits in the Community as part
          of a programme of Community action for 1986 . This
          proposal also responds to a request by the Environment
          Council of June 1985 and is in line with the
          conclusions of the Transport Council of
          14 November 1985 , on European Road Safety Year ( 2 ).
      2 . The European Parliament asked , in the resolution of
          13 March 1984 on the adoption of a programme of
          Community measures to promote road safety ( 3 ), for "a
          uniform but practicable system of speed limits
          throughout the Community which relates to the actual
          traffic situation and is suitably differentiated
          according to the type of road , the specific category
          of vehicle and the surroundings ( country , built-up
          areas , conurbations , residential districts etc )".
          In the resolution of the European Parliament of
          18 February 1986 on common measures to reduce road
          accidents , as part of the Community’s programme for
          Road Safety Year , 1986 ( 4 ) a Community regulation on
          speed limits was considered " an indispensable measure
          in promoting road safety ".
T5T“C6MC84)704 final of 13 December 1984 .
( 2 ) Conclusions of the Council and of the Representatives of
        the Governments of the Member States of the European
        Communities meeting within the Council on European Road
        Safety Year ( 1986 ) and future Community road safety
        measures of 14 November 1985 ( Council , TRANS 193 of
        25 November 1985 10693 / 85 ).
 ( 3 ) O.J. No . C 104 , 27.04.1984 .
 ( 4 ) O.J. No . C 68 , 24.03.1986 .
 ---pagebreak---                            2
3. There are legal speed limits on all types of roads in
   all Member States . Speed limits in the Community for
   cars and other vehicles range from 100 to 140 km/ h on
   motorways , 80 to 100 km/ h on other non-urban roads and
   48 to 60 in built up areas ( see Annex 1 ). The legal
   limit for motorways in Germany , however , relates only
   to buses and heavy goods vehicles ; for cars and
   motorcycles the legal limit is replaced by a
   recommendation .
   Buses and heavy goods vehicles have lower limits than
   cars outside built up areas , ranging from 60 to
   100 km/ h with up to 112 km/ h for buses on UK
   motorways .
4. Speed - especially in relation to traffic and weather
   conditions - has a significant effect on accidents and
   their consequences . In general the seriousness of
   accidents is related to high speed for the following
   reasons  :
   -  The faster the speed , the shorter the available
      reaction time .
   -  The faster the speed , the longer the braking
      distance .
      The faster the speed - or the greater the speed
      differential between vehicles involved in an
      accident - the greater the impact .
 ---pagebreak---                             3
5. Motorways are in general safer than other roads with
   four to six times fewer fatal or injury accidents .
   This is so mainly for two reasons , firstly , because
   the design of motorways allows a greater reaction time
   than that prevailing on other roads , secondly because
   the speed differentials between vehicles become
   smaller when opposite traffic streams are separated
   and road junctions are eliminated . The better
   construction of motorways allows road safety
   objectives to be attained with higher limits on the
   speed on motorways and this , in turn , attracts
   vehicles to them which has the final consequence of
   reducing the use of the other , less safe , roads .
6. The impact energy and braking energy of a vehicle
   varies with its weight . This factor - together with
   their reduced manoeuvrability - justifies the lower
   limits applied by all Member States to heavy goods
   vehicles .   The same factors , together with the need
   for reinforced safety , also justify lower speed limits
   for buses .   Such lower limits are applied for buses on
   motorways in all Member States except the United
   Kingdom .
7. Lower speeds outside urban areas reduce vehicle
   emissions especially of nitrogen oxides ( NOx ) .   NOx is
   one of the substances responsible for acid deposition
   and the death of forests in large areas of Europe .
   Studies show that the emissions of commercial vehicles
    including diesel pollutants of heavy goods vehicles
   could be reduced by a better compliance with speeds
    limits . Common rules would certainly facilitate
    enforcement and improve compliance with the speed
    limits bearing in mind the growing international
    traffic .
                                                              *
 ---pagebreak---                              4
8.   Fuel consumption increases with speed , the rate of
     increase depending on the power and size of the
     engine . Significant impact on fuel consumption in the
     Community resulting from changes in speed would only
     arise on motorways and similar type roads .
     An examination of the effects of speed limits on
     energy consumption was requested by the Energy Council
     in November 1984 and the Commission initiated a study
     on this issue . The conclusion of this study was that a
     significant reduction of fuel consumption would be
     achieved if speed limits were better enforced .
     If there was an increase in compliance with speed
     limits the total savings could be as great as 3.7 % .
 9 . It is not easy to assess the economic effects of speed
     limits on transport productivity . It is clear ,
     however that at high speeds , the gain in time on a
     given journey is relatively low .
10 . On 26 January 1987 , the Commission submitted a
     Communication to the Council on Speed Limits in the
     Community . The Conclusion of this Communication was
     that the Community should adopt a Directive to set
     legally enforceable speed limits , taking into account
     the above considerations concerning road safety ,
     environmental nuisance and energy consumption as well
     as industrial and transport-sector costs and benefits .
     This Communication has been the subject of a thorough
     consultation of all interested parties and was the
     basis of the underlying proposal for a Council
     Directive under Article 75 of the Treaty .
 ---pagebreak---                                   5
B * SPECIAL POINTS REFERRING TO THE ARTTCT.FR IN THE PROPOSAL
    Article 1
    The Directive is based on a differential approach to speed
    limits for different categories of commercial vehicles
    and different types of infrastructure .
    For this purpose in Article 1 these categories of vehicles
    are defined in accordance with the internationally
    accepted categories used in the related Directives of the
    Community . The types of infrastructure are defined in
    accordance with international practice .
    Article 2
    In this article the speed limits are prescribed , taking
    into account the following considerations :
    -  There should not be too many different categories ;
    -  Commercial vehicles have been classified in two groups
       depending on the performance in speed , manoeuvrability ,
       braking ( related to weight ) and stability ( rigid bodies
       are more stable than combinations ) ;
    -  Speed limits in built-up areas already show a wide
       degree of harmonization . A common speed limit at the
       lowest level ( 50 km/ h ) is appropriate , bearing in mind
       that the majority of victims of road traffic are the
       result of accidents in built-up areas .
    It is proposed that the proposed speed limits of Article 2
    shall have effect unless road signs show otherwise .
                                                                  6
 ---pagebreak---                            6
Article 3
This enables speed limits lower than the proposed ones to
be fixed for all kind of roads or residential areas ,
subject to clear indication on road signs .
                                                          Т
 ---pagebreak---                                                               MAIN GENERAL   SPEED    LIMITS
             V   «
                                                                                                                             in km / hour
                                                  OUTSIDE BUILT UP AREAS                                                     IN BUILT-UP
                                                                                                                                AREAS
                               CARS                   BUSES                     H. G. V.                MOTORCYCLES
  ROAD
                                                 without trailer         ine l . combinat ion              ( solo )
CATEGORY
                           1    11       111       I     11     III        I       II      III       I     II       III
    B                    120   120         90      90    75      75        90      90       60      120   120        90          60
    OK                   100    80         80      70    70      70        70      70       70      100    80        80          50
    D                    130 * 130 *     100       TO'V 80a >              80      60       70      130 * 130 *     100          50
     F                   130   110         90      90b , 90c >    90       80e )   80       60f )   130   110        90          60
     GR                   1(D    80        80      70     70      70       60      6G       60       80    80        80          50
      IRL                 120    88        88      80^80 ^ 80 ^            56 k ) 56k )     56k )    88    88        88          48
      I                   130g) 110h )    110       90b ) 70d ) 70d )      80b ) 60C )      60      130   130       100          50
      L                   120    90         90      75    75      75       60      60       60      120    90        90          60
      NL                  120   100         80      80    80      80        80     80       60      100   100        80          50
       UK                 112   112         97    112     97      80       97      80       64      112   112        97          48
       E                   120  100 ·       90    100     90       80     100      80       70      120   100        90          60
       P                   120    90        90    100     80       70      80      7Q       60      120    90        90          60
       A                   130  100       100     100      80      80       70     60        60     130   100       100          50
        CH                 120    80        80    100      80      80       80      80       60·  I 120    80        80          50
                                  Notes :     *   Recommended only
  I     = =    HOTORVAYS               •      a)
  II       =   EXPRESSWAYS
                                                  100 for technically approved buses .                     j ) Single deck ; double deckers 64 km/ h Z
                                              b)
  111      =   0THER R0ADS
                                                  130 for vehicles up to 10 t (8 t in Italy)               k ) Articulated vehicles         64 km/ h m
                                              c)  110 for vehicles up to 10 t <8 t in Italy )                                                        x
                                              d)   100 for vehicles up to         8 t
                                              e)     90 for vehicles 10 - 19 tonnes 6.V.U.
                                              f)
                                                     80 for vehicles 10 - 19 tonnes G.V.U.
                                              9>    110 during weekends and holiday periods
                                              h)     90 during weekends and holiday periods
 ---pagebreak---                            Proposai for a
                          COUNCIL DIRECTIVE
             on speed limits for certain categories
                of motor vehicles in the Community
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 75 thereof ,
Having regard to the proposal from the Commission ,
Having regard to the Opinion of the European Parliament ( 1 ),
Having regard to the Opinion of the Economic and Social
Committee ( 2 ),
Whereas one of the objectives of a common, transport policy
is to lay down commun rules applicable to international
transport within the Community and to facilitate the
circulation of vehicles , in particular with regard to
safety ;
Whereas the growth of road traffic and the resulting
increase in danger and nuisances present all Member States
with road safety and environmental problems of a serious
nature ;
Whereas the European Parliament adopted a resolution on
13 March 1984 concerning a programme of Community measures
to promote road safety ( 3 ) and a further resolution on
18 February 1986 concerning common measures to reduce road
accidents as a part of the Community’s programme for Road
Safety Year 1986 ( 4 ),
Whereas it has been proved that the risk of accidents
increases in proportion to speed and that there is a direct
correlation between the seriousness of accidents and driving
speed ;
(1)
(2)
( 3 ) O.J. No . C 104 , 27.4 . 1984 ^ P-38
( 4 ) O.J. No . C 68 , 24.3 . 1986 /- P-35                     1
 ---pagebreak---                                 2
Whereas the available engine power for heavy goods vehicles
needed for climbing slopes enables them to be driven on
level roads at excessive speeds that are not compatible with
the specifications of other components of these
vehicles , such as brakes and tyres ;
Whereas the practice of mandatory installation of speed
governors for commercial vehicles in Member States should ,
for technical reasons , be based on common maximum speed
limits ;
Whereas motorized road traffic is one of the main sources of
atmospheric pollution , and emission levels increase with
speed , and , therefore a restriction in speed contributes to
environmental protection ;
Whereas differences in cruising speeds above the level of
the current speed limits only result in marginal differences
in total travelling time and a limitation on speeds leads to
increased fuel economy ;
Whereas harmonization of speed limits for commercial
vehicles will improve compliance with such limits and with
beneficial effects on road safety , the environment and fuel
consumption ;
                                                              4o
 ---pagebreak---                                3
Whereas speed limits on non-urban roads other than motorways
should be fixed at a lower level than on motorways in order
to encourage traffic on the motorways where safety standards
are higher ;
Whereas speed limits for categories of motor vehicles that
have a different performance in braking , stability or
manoeuvrability , should be different ;
Whereas from the point of view of competition and a
Community policy for the car industry , Community provisions
on speed limits for commercial vehicles are desirable .
HAS ADOPTED THIS DIRECTIVE  ;
 ---pagebreak---                                   4
                             Article 1
For the purpose of this Directive :
- " motor vehicle " means any power driven vehicle falling
  within one of the international categories listed below
  and intended for use on the road , such vehicle being with
  or without bodywork , having at least four wheels and a
  maximum design speed exceeding 25 km/ h , and its trailers ,
  with the exception of vehicles which run on rails ,
  agricultural tractors and machinery and public works
  vehicles :
     . Category M2 : Vehicles used for the carriage of
                      passengers , comprising more than eight
                      seats in addition to the driver 's seat ,
                      and having a maximum weight not exceeding
                      5 metric tons ;
      . Category M3 : Vehicles used for the carriage of
                      passengers , comprising more than eight
                      seats in addition to the driver 's seat ,
                      and having a maximum weight exceeding
                      5 metric tons .
 ---pagebreak---                                 5
     . Category N1 : Vehicles used for the carriage of goods
                     and having a maximum weight not
                     exceeding 3.5 metric tons ;
     . Category N2 : Vehicles used for the carriage of goods
                     and having a maximum weight exceeding
                     3.5 but not exceeding 12 metric tons ;
     . Category N3 : Vehicles used for the carriage of goods
                     and having a maximum weight exceeding
                     12 metric tons .
- " Trailer " means any vehicle intended to be coupled to a
  motor vehicle , excluding semi-trailers ;
- " Semi-trailer " means any vehicle intended to be coupled
  to a motor vehicle in such a way that part of it rests on
  the motor vehicle and a substantial part of its weight ,
  and of the weight of its load , is borne by the motor
  vehicle ;
- " Built-up area " means an area with entries and exits
  specially sign-posted as such .
- " Road " means the entire surface of any way or street open
  to public traffic ;
- " Carriageway " means the part of road normally used by
  vehicular traffic ; a road may comprise several
  carriageways clearly separated from one another by , for
  example , a dividing strip or a difference of level ;
                                                              13
 ---pagebreak---                                     6
- " Expressway " means a road specially designed and built for
   motor traffic which does not serve properties bordering on
   it and which is provided except at special points or
   temporarily with separate carriageways for the two
   directions of traffic ;
- " Motorway " means a road specially designed and built for
   motor traffic , which does not serve properties bordering
   on it , and which
   ( i)      is provided , except at special points or
            temporarily , with separate carriageways for the two
            directions of traffic , separated from each other
            either by a dividing strip not intended for traffic
            or , exceptionally , by other means ;
   ( ii )   does not cross at level with any road , railway or
            tramway track , or footpath ; and
    ( iii ) is specially sign-posted as a motorway .
                                Article 2
 Subject to the provisions of Article 3 each Member State
 shall apply to all roads the following speed limits :
 ---pagebreak---                                  7
1 . On motorways :
    a ) 100 km/ h for motor vehicles of     categories M2 , M3 ,
        NI and N2 ;
    b ) 80 km/ h for motor vehicles of category N3 and all
        motor vehicles towing a trailer , semi-trailer or a
        caravan .
2 . On expressways :
    80 km/ h for motor vehicles of      categories M2 , M3 ,
    Nl , N2 and N3 and all motor vehicles towing a trailer ,
    semi-trailer or a caravan .
3 . On other roads outside built-up areas :.
    a ) 80 km/ h for motor vehicles of     categories M2 , M3 ,
        NI and N2 ;
    b ) 70 km/ H for motor vehicles of category N3 and all
        motor vehicles towing a trailer , semi-trailer or a
        caravan .
4 . On roads m built-up areas :
    50 km/ h for motor vehicles of      categories M2 , M3 , Nl ,
    N2 and N3 and all motor vehicles towing a trailer ,
    semi-trailer or a caravan .
 ---pagebreak---                                 8
                            Article 3
For reasons of road safety and / or for environmental
protection lower speed limits may be fixed on roads or
sections of roads of all categories or for residential
areas . These lower speed limits shall be clearly indicated
by road signs .
                            Article 4
1 . Member States shall , after consulting the Commission ,
    adopt the laws regulations and administrative
    provisions necessary to comply with this Directive by
    30 June 1989 .
2 . Member States shall inform the Commission of the measures
    which they have taken to implement this Directive .
                            Article 5
This Directive is addressed to the Member States .
Done at Brussels                         For the Council
 ---pagebreak---              COMPETITIVENESS AND IMPACT STATEMENT
This proposal aims at harmonizing speed limits in the
Community for different types of vehicles and different types
of roads .
This proposal has no impact on small and medium entreprises
but the Commission is aware of the fact that a part of the
car industry is worried about possible negative effects on
advertising if speed limits are imposed .
The road safety organisations consulted are in favour of the
proposal .