Directive 2007/38/EC of the European Parliament and of the Council of 11 July 2007 on the retrofitting of mirrors to heavy goods vehicles registered in the Community

14.7.2007 EN Official Journal of the European Union L 184/25
DIRECTIVE 2007/38/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 11 July 2007
on the retrofitting of mirrors to heavy goods vehicles registered in the Community
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community, and in particular Article 71(1)(c) thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Economic and Social Committee (1),
After consulting the Committee of the Regions,
Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
Whereas:
(1) A number of accidents are caused by drivers of heavy goods vehicles who are not aware that other road users are very close to or beside their vehicle. These accidents are often related to a change of direction at crossings, junctions or roundabouts when drivers fail to detect other road users in the blind spots which exist in the area immediately around their vehicles. It is estimated that every year about 400 people in Europe are killed in such circumstances, most of them being vulnerable road users such as cyclists, motorcyclists and pedestrians.
(2) In its White Paper of 12 September 2001‘European transport policy for 2010: time to decide’ the Commission set the target of halving the number of road fatalities in the EU by 2010. In its third Road Safety Action Programme the Commission committed itself to investigating the issue of retrofitting heavy goods vehicles already in circulation with devices for indirect vision in order to reduce their blind spots and thus to contribute to the reduction of road fatalities.
(3) In its 10 year roadmap in the Final Report ‘A Competitive Automotive Regulatory System for the 21st century’, the CARS 21 High Level Group recommended an integrated approach with regard to road safety including the compulsory introduction of new safety features, such as mirrors to reduce the blind spots of heavy goods vehicles.
(4) Devices of indirect vision, such as wide-angle and close-proximity mirrors, cameras, monitors, or other type-approved systems of indirect vision, improve the driver's field of vision and increase vehicle safety.
(5) Directive 2003/97/EC of the European Parliament and of the Council of 10 November 2003 on the approximation of the laws of the Member States relating to the type approval of devices for indirect vision and of vehicles equipped with these devices (3), whilst having great potential for reducing the number of casualties affects only newly registered vehicles.
(6) Vehicles which are already in circulation are therefore not subject to the obligations set out in Directive 2003/97/EC. It can be estimated that those vehicles will not be fully replaced until 2023.
(7) In order to help reduce fatal and severe accidents caused by those vehicles and involving vulnerable road users, it is appropriate, in the meantime, to provide that the vehicles concerned be retrofitted with improved devices for indirect vision.
(8) Vehicles already in circulation should be equipped with mirrors reducing the lateral blind spots whilst fulfilling the technical requirements of Directive 2003/97/EC. That is technically feasible for the majority of the vehicles concerned.
(9) It is, however, appropriate and proportionate to provide exemptions and derogations for vehicles whose remaining lifespan is short, vehicles which are equipped with lateral mirrors whose field of vision covers only marginally less than the fields of vision laid down in Directive 2003/97/EC, and vehicles where fitting with mirrors complying with that Directive is not economically viable.
(10) Vehicles in categories N2 and N3 which were originally registered and/or type-approved and/or put into service before 1 January 2000 and which are operated mainly for their historical interest should not be affected by the rules and procedures laid down in this Directive.
(11) For heavy goods vehicles which, for technical and/or economic reasons, cannot be made to fully comply with the requirements of this Directive, the competent authorities should allow for and approve alternative solutions. In such cases, Member States should communicate lists of permitted and approved technical solutions to the Commission, which should in turn make them available to all Member States.
(12) So that the market can cope with a high demand for mirrors within a short period of time, a transitional period should be provided for.
(13) Heavy goods vehicles retrofitted before the dates for transposition of Directive 2003/97/EC with devices of indirect vision which largely cover the field of vision required by that Directive should be exempted from the requirements of this Directive.
(14) The retrofitting exercise should be accompanied by appropriate measures designed to raise awareness of the dangers linked to the existence of blind spots of heavy goods vehicles, including information efforts directed towards vulnerable road users and in relation to the correct adjustment and use of indirect vision devices.
(15) Vehicles other than those covered by this Directive, such as light goods vehicles and buses, which are not equipped with improved devices for indirect vision are also involved in blind spot accidents. Therefore, Community legislation on active and passive safety requirements should be continually reviewed with a view to improving and promoting road safety.
(16) In the interests of a more comprehensive analysis and a future strategy on reducing blind spot accidents, the Commission should, pursuant to Council Decision 93/704/EC of 30 November 1993 on the creation of a Community database on road accidents (4) and other relevant Community acts, such as Decision No 2367/2002/EC of the European Parliament and of the Council of 16 December 2002 on the Community statistical programme 2003 to 2007 (5), gather relevant data from the Member States and process it appropriately.
(17) Council Directive 96/96/EC of 20 December 1996 on the approximation of the laws of the Member States relating to roadworthiness tests for motor vehicles and their trailers (6) provides for periodic roadworthiness tests for motor vehicles used for the carriage of goods and having a maximum permissible mass exceeding 3,5 tons, at least on a yearly basis. Heavy goods vehicles should, among others things, be fitted with rear-view mirrors complying with the requirements of this Directive in order to pass this roadworthiness test. Roadworthiness certificates issued by the Member States for vehicles registered on their territory are mutually recognised for the purpose of the free circulation of vehicles on Member State roads.
(18) Since the objective of this Directive, namely the retrofitting of vehicles already in circulation in the Community, cannot be sufficiently achieved by the Member States and can therefore, by reason of its scale and effects, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary to achieve that objective.
(19) In accordance with point 34 of the Interinstitutional Agreement on better law-making (7), Member States are encouraged to draw up, for themselves and in the interest of the Community, their own tables illustrating, as far as possible, the correlation between this Directive and the transposition measures, and to make them public,