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

9. 2. 89                              Official Journal of the European Communities                               N o C 33/9
                                                             II
                                                     (Preparatory Acts)
                                                COMMISSION
              Proposal for a Council Directive on speed limits for certain categories of motor vehicles in the
                                                        Community
                                                    COM(88)     706 final
                                    (Submitted by the Commission on 16 January 1989)
                                                       (89/C 33/10)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                          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
Having regard to the Treaty establishing the European
                                                                  compatible with the specifications of other components
Economic Community, and in particular Article 75
                                                                  of these vehicles, such as brakes and tyres;
thereof,
Having regard to the proposal from the Commission,                Whereas the practice of mandatory installation of speed
                                                                  governors for commercial vehicles in Member States
                                                                  should, for technical reasons, be based on common
Having regard      to   the  opinion   of   the   European
                                                                  maximum speed limits;
Parliament,
Having regard to the opinion of the Economic and                  Whereas motorized road traffic is one of the main
Social Committee,                                                 sources of atmospheric pollution, and emission levels
                                                                  increase with speed, and, therefore a restriction in speed
                                                                  contributes to environmental protection;
Whereas one of the objectives of a common transport
policy is to lay down commun rules applicable to inter-
national transport within the Community and to                    Whereas differences in cruising speeds above the level of
facilitate the circulation of vehicles, in particular with        the current speed limits only result in marginal
regard to safety;                                                 differences in total travelling time and a limitation on
                                                                  speed leads to increased fuel economy;
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           Whereas harmonization of speed limits for commercial
serious nature;                                                   vehicles will improve compliance with such limits and
                                                                  with beneficial effects on road safety, the environment
                                                                  and fuel consumption;
Whereas the European Parliament adopted a resolution
on 13 March 1984 concerning a programme of
Community measures to promote road safety (*) and a               Whereas speed limits on non-urban roads other than
further resolution on 18 February 1986 concerning                 motorways should be fixed at a lower level than on
common measures to reduce road accidents as a part of             motorways in order to encourage traffic on the
the Community's programme for Road Safety Year                    motorways where safety standards are higher;
 1986 O ;
Whereas it has been proved that the risk of accidents             Whereas speed limits for categories of motor vehicles
increases in proportion to speed and that there is a direct       that have a different performance in braking, stability or
correlation between the seriousness of accidents and              manoeuvrability, should be different;
driving speed;
                                                                  Whereas from the point of view of competition and a
                                                                  Community policy for the car industry, Community
O OJ No C 104, 27. 4. 1984, p. 38.                                provisions on speed limits for commercial vehicles are
(*) OJ No C 68, 24. 3. 1986, p. 35.                               desirable,
 ---pagebreak--- N o C 33/10                           Official Journal of the European Communities                                    9. 2. 89
HAS ADOPTED THIS DIRECTIVE:                                     — 'motorway' means a road specially designed and built
                                                                     for motor traffic, which does not serve properties
                                                                     bordering on it, and which:
                         Article 1                                     (i) is provided, except at special points or tempor-
                                                                            arily, with separate carriageways for the two
For the purpose of this Directive:
                                                                            directions of traffic, separated from each other
                                                                            either by a dividing strip not intended for traffic
— 'motor vehicle' means any power driven vehicle                            or, exceptionally, by other means,
   falling within one of the international categories                 (ii) does not cross at level with any road, railway or
   listed below and intended for use on the road, such                      tramway track, or footpath, and
   vehicle being with or without bodywork, having at
                                                                     (iii) is specially sign-posted as a motorway.
   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:                                         Article 2
   — category M2: vehicles used for the carriage of             Subject to the provisions of Article 3 each Member State
        passengers, comprising more than eight seats in         shall apply to all roads the following speed limits:
        addition to the driver's seat, and having a
        maximum weight not exceeding five tonnes,
   — category M 3 : vehicles used for the carriage of            1. On motorways:
        passengers, comprising more than eight seats in
        addition to the driver's seat, and having a                 (a) 100 km/h for motor vehicles of categories M2,
        maximum weight exceeding five tonnes,                             M3, N l and N2;
   — category N l : vehicles used for the carriage of
        goods and having a maximum weight not
                                                                    (b) 80 km/h for motor vehicles of category N3 and
        exceeding 3,5 tonnes,
                                                                          all motor vehicles towing a trailer, semi-trailer or
   — category N 2 : vehicles used for the carriage of                     a caravan.
        goods and having a maximum weight exceeding
        3,5 but not exceeding 12 tonnes,
   — category N 3 : vehicles used for the carriage of           2. On expressways:
        goods and having a maximum weight exceeding
        12 tonnes,
                                                                    80 km/h for motor vehicles of categories M2, M 3 ,
                                                                    N l , N2 and N3 and all motor vehicles towing a
— 'trailer' means any vehicle intended to be coupled to             trailer, semi-trailer or a caravan.
   a motor vehicle, excluding semi-trailers,
                                                                3. On other roads outside built-up areas:
— '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        (a) 80 km/h for motor vehicles of categories M2,
   its weight, and of the weight of its load, is borne   by               M3, N l and N2;
   the motor vehicle,
                                                                    (b) 70 km/h for motor vehicles of category N3 and
— 'built-up area' means an area with entries and exits                    all motor vehicles towing a trailer, semi-trailer or
   specially sign-posted as such,                                         a caravan.
— 'road' means the entire surface of any way or street          4. On roads in built-up areas:
   open to public traffic,
                                                                    50 km/h for motor vehicles of categories M2, M3,
— 'carriageway* means the part of road normally used                N l , N2 and N3 and all motor vehicles towing a
   by vehicular traffic; a road may comprise several                trailer, semi-trailer or a caravan.
   carriageways clearly separated from one another by,
   for example, a dividing strip or a difference of level,
                                                                                             Article 3
— 'expressway* means a road specially designed and              For reasons of road safety and/or for environmental
   built for motor traffic which does not serve proper-         protection lower speed limits may be fixed on roads or
   ties bordering on it and which is provided except at         sections of roads of all categories or for residential areas.
   special points or temporarily with              separate     These lower speed limits shall be clearly indicated by
   carriageways for the two directions of traffic,              road signs.
 ---pagebreak--- 9. 2. 89                             Official Journal of the European Communities                        No C 33/11
                         Article 4                             2. Member States shall inform the Commission of the
                                                               measures which they have taken to implement this
                                                               Directive.
1. Member States shall, after consulting the
Commission, adopt the laws regulations and adminis-                                    Article 5
trative provisions necessary to comply with this Directive
by 30 June 1989.                                               This Directive is addressed to the Member States.