CELEX: 51989PC0573
Language: en
Date: 1989-11-22
Title: PROPOSAL FOR A COUNCIL DIRECTIVE AMENDING, WITH A VIEW TO FIXING CERTAIN MAXIMUM AUTHORIZED DIMENSIONS FOR ROAD TRAINS, DIRECTIVE 85/3/EEC ON THE WEIGHTS, DIMENSIONS AND CERTAIN OTHER TECHNICAL CHARACTERISTICS OF CERTAIN ROAD VEHICLES

COMMISSION OF THE EUROPEAN COMMUNITIES
                                               C0M<89) 573 final
                                               Brussels, 22 November 1989
                              Proposal for a
                            COUNCIL DIRECTIVE
 amending, with a view to fixing certain maximum authorized dimensions
   for road trains, Directive 85/3/EEC on the weights, dimensions and
    certain other technical characteristics of certain road vehicles
                      (presented by the Commission)
 ---pagebreak---                                                         <£*/-> >7 J ^?
                     EXPLANATORY MEMORANDUM
General comments
Introduction
   On 18 July 1989 the Council adopted Directive 89/461/EEC
   amending Directive 85/3/EEC on weights and dimensions and
   other characteristics of lorries.
   This amendment fixed the load length of an articulated
   vehicle and at the same time increased the total length by
   one meter to 16.5m.
   The main reason for Directive 89/461/EEC was to stop the
   reduction in the space reserved for the driver and the
   coupling device caused by the tendency to make vehicles
   more productive by proposing a maximum usable load length
   within the total length imposed by Directive 85/3.
   By the increase of the total permitted length of the
   articulated vehicle to 16.5m it was possible to take into
   account the load lengths that were possible within the
   15.5m by application of space saving methods as described
   above.
2. For road trains similar technical developments as for the
   articulated vehicles give rise to additional legislation.
   The basic problem is similar:
   - Within the legally permitted total length of 18 m for
      road trains technical development has, in order to gain
      loading space, led to short cabins and short coupling
     mechanisms between truck and trailer.
   - Disadvantages of ultra short cabins for the comfort and
      safety of drivers were the subject of earlier
     discussions concerning articulated vehicles.
     As regards the use of so called topsleepers the opinions
     as expressed by employers and trade unions in transport
     differ widely.
     The employers view is that top sleeper vehicles
     constitute a modest part only of total heavy vehicles
      (potentially 9 % ) . A large majority of drivers jobs will
     not necessitate the use of top sleepers. Also,
     individual preferences of drivers can be respected as in
     the total driver population there are sufficient drivers
    ' able and willing to drive top sleeper vehicles.
     The trade unions have serious objections as regards the
     use of topsleepers because of accessibility,
     ventilation, safety in case of accidents or fire and
     feelings of claustrophobia by certain drivers.
                                                                       Z
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     The technology of flexible coupling systems has in some
     cases led to a "theoretical" distance of 8 to 15cm
     between truck and trailer. This distance can be
     increased sometimes from the cabin, if necessary, by
     extending the length of the coupling itself or by a
     system that moves the container on the trailer backwards
     by means of a sledge.
     It is obvious that a distance of 15cm can only be
     maintained on a flat and straight route so the total
     length of the combination will in practice often be
     considerably more than 18m.
     The extreme result of using short cabins and coupling
     devices is a vehicle with a total length available for
     loading of 16.40m which still theoretically meets the
     overall length of 18m.
     It is clear that such a vehicle has economic advantages
     and that this concept will have a quick and large
     proliferation if no additional legislation is adopted.
     Also companies and vehicle manufacturers that have
     serious objections as regards technical and social
     aspects of such vehicles will be forced to use them and
     to produce them in order to stay competitive.
     The aim of this Proposal for a Directive is to
     complement the Community legislation in order to stop
     this development.
2. Legal aspects
   Directive 85/3/EEC allows the free circulation in
   international traffic of road trains with a maximum length
   of 18m.
   On the basis of the Directive 85/3 as in force now, no
   ultra short cabins with topsleepers can be forbidden.
   Member States that do so in their domestic legislation
   disadvantage their own operators in comparison with
   foreign operators that enter their territory.
   As regards the flexible coupling mechanism the legal
   position is less clear. A road train that is 18m long if
   stationary but that exceeds this length regularly when it
   moves does not reflect the spirit of Directive 85/3 that
   lays down length limitations not for vehicles on the
   parking place but for vehicles in traffic.
   The proposal for an amendment to Directive 85/3 has to
   take into account the legal position of vehicles that are
   already on the road and that were built under the original
   legal protection of 85/3.
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   However if by introducing new legislation from a certain
   date new concepts are less competitive than the "old" ones
   then a situation will be established which is undesirable
   and difficult to enforce.
3. Technical aspects
   The total length of a road train is the sum of
   A) cabin length
   B) coupling distance between truck and trailer
   C) total length available for loading
   Point A
   On going discussions between the social partners will
   establish minimum standards for.the drivers' cabin with
   or without a bed.
   In Directive 89/461/EEC a method is adopted of ensuring
   enough space for a comfortable cabin within the total
   length without fixing the details.
   Reasons for this method are as follows:
   . Fixing a minimum cabin dimension would lead to the
     manufacture of only the minimum requirements; economic
     pressures would ensure this. Manufacturers that wanted
     to use extra cabin space for comfort or safety could
     only do so by reducing load length.
   . Assuming that certain accomodations for sleeping
     (small beds, top sleeper) are not acceptable, it will
     still be very difficult to control the use of them.
     Nobody can be prohibited from constructing a small space
     on the roof of a daycab. It will be impossible to
     control if this space is used for resting or sleeping;
     it is even impossible to control if a driver sleeps on
     his seat 1
     A much better approach is to disencourage this practices
     by taking away the incentive of creating more loading
     space by application of short cabins.
     Once these standards are agreed they will be compatible
     with legislation in Directive 89/461/EEC which is aimed
     at ensuring that enough room is reserved for the
     driver's cab.
   There are no arguments why the cabin of a road train
   should differ from the cabin of an articulated vehicle.
   Manufacturers will like to apply the same models and
   drivers work under similar conditions.
                                                              U
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The space reserved for the cabin in Directive 89/461/EEC
can be calculated as follows :
total available length:                        16.50 m
minus distance from fifth wheel to the
rear of the semi-trailer:                    - 12.00 m
minus forward clearance of semi-trailer:     - 2.04 m
minus free space between tractor and
semi-trailer (according to
ISO standard 1726):                          -   0.20 m
So available space for the cabin from
front to back wall:                              2.26 m
Applying the same cabins for road trains means that 2.26 m
should be available.
However, for the road train an additional 0.10 m or so
should be added for cab clearance, driver safety,
roofmounted vertical exhaust and necessary space for
picking up the swap body. This brings the total necessary
length to 2.35 m.
Point B
The length of the coupling device depends on the
technology that is applied. For couplings of road trains
no ISO standards like for the articulated vehicles are
available.
The normal coupling device requires a coupling distance of
around 1.5 m. By short coupling devices this distance can
be reduced to 1 m and if a centre axle trailer is used to
0.7 m.
The use of extendable couplings or other technology that
lengthen the total length of the combination when
driving should not be taken into account in this
calculation. These mechanisms have not yet been proven to
be reliable under all circumstances and are very costly.
In so far as they are invented only to bypass the
international agreed length limits their use should be
discouraged by taking away the incentives in that respect.
Point C
The total load length is the third element that determines
the overall length.
As argued above a minimum space of 2.35 m should be
reserved for the cabin including the clearance and a space
of 0.70 m is necessary for the shortest non extendable
coupling mechanism.
                                                           S
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Applying the same method as used in Directive 89/461/EEC
for the articulated vehicle means that overall length and
loading length must be fixed in such a way that enough
space for cabin and coupling is guaranteed.
This means that the overall length of the road train
should be fixed at 2.35 ro longer than the load length
including the coupling distance between truck and trailer
and moreover that the overall length should be fixed at
3.05 m longer than the load length.
In Directive 89/461/EEC for articulated vehicles the
maximum load length that was feasable under the old limit
could be taken into account by increasing the overall
length with 1 m from 15.5 ro to 16.5 m.
At present some road trains, though with extendable
couplings, operate with a load length of
2 x 8.22 m <* 16.45 ro
Taking this load length into account would require a total
length of 16.45 + 3.05 = 19.50 m.
This would mean an increase of almost 9 % of the length of
the longest combination on the road which is politically
unacceptable for roost governments of the Community.
Starting from the other side, the longest acceptable
combination for the majority of the Member States seems to
be 18.35 m bearing in mind that most Member States allow
at present a two percent tolerance on the 18 m limit.
Calculating backwards this means that the maximum
available load length for a road train should be fixed on
18.35 - 3.05 = 15.30 ro. Any load length above this number
would implicate an increase of the overall length above
the 18.35 m.
An additional argument for this length is the great
problem that could be provoked for the transit traffic
through Austria and Switzerland if a longer combination
was permitted in the Community.
The important reference in the field of load length are
the standard lengths of swap bodies that at present are
used.
In the CEN working group the following lengths for
general purpose swap bodies class C were approved:
                7150, 7420 and 7820mm.
The first length 7150mro is the roost frequently used at
present. The 7420roro length was especially promoted by
Sweden as a good logistic solution.
Standardization of the swap bodies of 8220mm which are
also on the road now, has not yet been considered by CEN.
                                                           c
 ---pagebreak---                                    - 6-
   A maximum load length of 15.30 ro will allow transport of
   the following combinations of standard swap bodies and
   containers:
      2 x 6.058 ro (20 ft container)
      2  x 7 . 1 5 ro
      2  x 7 . 4 2 ro
      1  x 6 . 0 5 8 ro + 1 x 7.82  m
      1  x 7 . 1 5 ro   + 1 x 7.82 ro
      1  x 6 . 0 5 8 ro + 1 x 8.22 ro
      1  x 7 . 4 2 ro   + 1 x 7.82  m
   Transport of 2 x 7.82 ro swap bodies would only be
   possible if the total length was increased to
   15.65 + 3.05 - 18.70 ro.
   For the transport of 2 swap bodies of 8.22 ro the above
   calculated increase to 19.50 ro would be necessary.
   Both options are not acceptable for reasons of road safety
   and public acceptance. Therefore transitional measures
   should be taken for these swap bodies which are now on the
   road.
4. Conclusion
   The following options are possible as regards additional
   Community legislation:
   a) the "zero" option: no action or no agreement
      Result: A quick proliferation of ultra short cabins and
      complex flexible coupling systems for international
      transport.
   b) Fixation of loading length and the overall length of
      road trains.
   This additional legislation for lengths of road trains
   should
   • take away incentives for short cabins,
   . be considered in relation with legislation for artics,
   . make clear that extendable couplings do not give
     advantages for the load length,
   • take into consideration the standard swap bodies
   . take into consideration the current situation.
                                                              f
 ---pagebreak---                              - 7 -
Contents of the proposal
5. Article 1 of Annex I of Directive 85/3/EEC will therefore
   be amended on the following points:
   - The maximum authorized length of a road train will be
     increased from 18.00 ro to 18.35 ro.
   - The total load length of the combination of truck and
     trailer will be fixed by prescribing a maximum length of
     15.30 m for the sum of the load lengths of truck and
     trailer.
   - The sum of the total load length of a combination of
     truck and trailer and the distance between truck and
     trailer will be fixed on 16.00 m.
   A new Article 4b is inserted in Directive 85/3/EEC which
   will allow the use of existing road trains that do not
   comply with the provisions on total load length on
   condition that these vehicles do not exceed the "old"
   maximum authorized length of 18 ro.
   In order to avoid a permanent advantage of old
   combinations that were built with more load length than
   allowed in the proposal this exemption is limited until
   1 January 1995.
                                                              I
 ---pagebreak---                              Proposal for a
                           COUNCIL DIRECTIVE
amending, with a view to fixing certain maximum authorized dimensions
  for road trains, Directive 85/3/EEC on the weights, dimensions and
   certain other technical characteristics of certain road vehicles
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 (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social
Committee (3),
Whereas, in order to make combined vehicles more productive,
manufacturers are proposing a maximum usable volume within
the constraints imposed by Council Directive 85/3/EEC (4), as last
amended by Directive 89/461/EEC (5);
Whereas this increase in the usable volume involves a
reduction in the space reserved for the driver and in the
space between the truck and the trailer by means of special
coupling devices;
Whereas there is a consequent deterioration in the comfort
and safety of the driver's working area;
Whereas the current standards should be improved so as to
lead to a better balance between the rational and economic
use of commercial road vehicles and the requirements of road
safety while ensuring that drivers have enough room;
(1) OJ No                                                               . £
(2) OJ No                                                                 %
                                                                          . ft-
(3) OJ No                                                                  J
(4) OJ No    L    2,   3.1.1985, p.     14.                                ^
(5) OJ No    L 226,    3.8.1989, p.       7.
                                                                      Ô
 ---pagebreak---                               2 -
Whereas the incentives for increasing loading space by the
use of short cabins with top mounted sleepers should be
removed;
Whereas the new fixed dimensions will enable the use of a
drivers' cabin with a sleeping place behind the drivers'seat
of which the effective width is about 80 cm,
HAS ADOPTED THIS DIRECTIVE:
                                                             JO
 ---pagebreak---                                    - 3 -
                                 Article  1
Directive 85/3/EEC is hereby amended as follows:
1) The following A r t i c l e is inserted:
    "Article 4b
     Road trains put into circulation before 1 July 1990 which
     do not comply with the new specifications contained in
     points 1.7 and 1.8 of Annex I shall until 1 January 1995
     be deemed to comply with such specifications for the
     purposes of Article 3(1) if they do not exceed the total
     length of 18,00 m.M
2) Point 1.1 of Annex I is replaced by the following:
    "1.1. Maximum length
           - motor vehicle                     12,00 ro
           -  trailer                          12,00 ro
           -  articulated vehicle              16,50 m
           -  road train                       18,35 m
           -  articulated bus                  18,00 ro".
3) The following points are inserted in Annex I:
    1.7. Maximum distance measured parallel to the
          longitudinal axis of the road train from the foremost
          point of the loading area behind the cabin to the
          rearmost point of the trailer of the combination»
          minus the distance between the rear of the truck and
          the front of the trailer                        15,30 m.
    1.8. Maximum distance measured parallel to the
          longitudinal axis of the road train from the foremost
          point of the loading area behind the cabin to the
          rearmost point of the trailer of the combination
                                                          16,00 ro.
                                                                    ^y W
 ---pagebreak---                             - 4 -
                          Article 2
Member States shall take the measures necessary to comply
with this Directive not later than 1 January 1991. They shall
forthwith inform the Commission thereof.
The provisions adopted pursuant to the first paragraph shall
make express reference to this Directive.
Member States shall communicate to the Commission the
provisions of national law which they adopt in the field
governed by this Directive.
                          Article 3
This Directive is addressed to the Member States.
Done at . •                     For the Council
                               The President
                                                              J
 ---pagebreak---          COMPETITIVENESS AND EMPLOYMENT IMPACT STATEMENT
  I• What is the main reason for introducing the measure ?
     This proposal concerns the fixation of a maximum autho-
     rized load length of road trains and an increase of the
     maximum authorized overall length from 18,00 to 18,35 m.
     This total package is introduced in order to guarantee
     sufficient space for the cabin and the coupling device
     within the total length of the road train.
     This proposal is the logical follow-up of a similar
     Directive 89/461/EEC by which the load length of semi
     trailers was fixed in order to guarantee enough length for
     a comfortable drivers' cabin and a reliable coupling
     mechanism for articulated vehicles.
     However, it will not be possible to increase the admitted
     overall length of road trains in such a way that all
     existing load lengthes will be covered by the new
     legislation.
     Therefore an article has been incorporated allowing all
     existing road trains that do not meet the new restrictions
     on load length to be used in international traffic until 1
     January 1995.
 II» Features of the business in question
     All enterprises which use these vehicles for transfrontier
     operations and vehicle manufacturers.
III. What obligations does this measure improve directly on
     businesses?
     Road trains used in international traffic shall be
     complied with the provisions of this proposal.
 IV. What indirect obligations are national, regional or local
     authorities likely to impose on business 7
     Implementation of the obligations as described under III.
  V. Are there any special provisions in respect of SME's ?
     None.
 VI. What is the likely effect on :
     a) The competitiveness £f_business
        The internal competitiveness of enterprises using road
        trains will be equilized by prescribing load lengths.
                                                                     r*
                                                                     <*
     b) Employment
                                                                     ,*
        Positive
                                                                J 2»
 ---pagebreak---                            - 2 -
VII. Have the relevant representative organisations been
     consulted ?
     The representative organisations of vehicle
     manufacturers, operators and unions have been
     consulted. Their opinions are as follows :
     Vehicle manufacturers and operators want a greater
     overall length and the use of short cabins with top-
     sleepers in limited cases in order to accomodate load
     lengths that are used now by the application of ultra
     short cabins and flexible couplings.
     The Unions are against the use of top sleepers.
                                                           JH
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                                                              COM(89) 573 final
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