COMMISSION DIRECTIVE  of 11 February 1974  adapting to technical progress the Council Directive of 26 July 1971 on the approximation of the laws of the Member States relating to the braking devices of certain categories of motor vehicles and of their trailers  (74/132/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community;
Having regard to Council Directive No 70/156/EEC (1) of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers, as amended by the Act (2) annexed to the Treaty concerning the Accession of new Member States to the EEC and EAEC signed in Brussels on 22 January 1972, and in particular to Articles 11, 12 and 13 thereof;
Having regard to the Council Directive of 26 July 1971 (3) on the approximation of the laws of the Member States relating to the braking devices of certain categories of motor vehicles and of their trailers, as amended by the Act (4) annexed to the Treaty concerning the Accession of new Member States to the EEC and EAEC signed in Brussels on 22 January 1972, and in particular to Article 5 thereof;
Whereas many accidents occur due either to the locking of the wheels of the rear axle of an empty truck and of tractive units for articulated vehicles, or equally to the locking of the wheels of a trailer or semitrailer when braked on a road of low adhesion ; whereas in these conditions a braking distribution, excellent when the vehicle is laden, is found to be completely unsuited to operating conditions when the vehicle is empty and may entail locking of the rear axle wheels of motor vehicles or of the wheels of trailer axles, even for relatively low decelerations ; whereas the vehicle or the combination of vehicles may skid or jack-knife;
Whereas in the light of technical progress it is now possible to fit vehicles with a device which matches the braking effort to the load;
Whereas the provisions of this Directive are in conformity with the Opinion of the Committee on the adaptation to technical progress of the Directives on the removal of technical barriers to trade in the motor vehicles sector,
Annexes II and IX of Council Directive No 71/320/EEC of 26 July 1971 are modified according to the Annex to the present Directive.
1. With effect from 1 October 1974 no Member State shall on grounds relating to the braking devices:  (1)OJ No L 42, 23.2.1970, p. 1. (2)OJ No L 73, 27.3.1972, pp. 115 and 157. (3)OJ No L 202, 6.9.1971, p. 37. (4)OJ No L 73, 27.3.1972, pp. 118, 119 and 158.     - refuse EEC type approval, the delivery of the document referred to in Article 10 (1), last subsection, of Council Directive No 70/156/EEC of 6 February 1970, or the national type approval of a type of motor vehicle;
- nor prohibit the entry into service of the vehicles ; if the braking devices of this type of vehicle or of these vehicles comply with the provisions of Council Directive No 71/320/EEC of 26 July 1971, as last amended by this Directive.
2. From 1 January 1975 onwards a Member State:    - shall no longer deliver the document envisaged in Article 10 (1), last subsection, of Council Directive No 70/156/EEC of 6 February 1970, for a type of vehicle of which the braking devices do not comply with the provision of Council Directive No 71/320/EEC of 26 July 1971, as last amended by this Directive;
- may refuse the national type approval of a type of vehicle of which the braking devices do not comply with the provisions of Council Directive No 71/320/EEC of 26 July 1971, as last amended by this Directive.
3. With effect from 1 October 1975 a Member State may prohibit the entry into service of vehicles of which the braking devices do not comply with the provisions of Council Directive No 71/320/EEC of 26 July 1971, as last amended by this Directive.
4. The Member States shall adopt and publish the provision necessary in order to comply with this Directive before 1 June 1974 and shall forthwith inform the Commission thereof.
This Directive is addressed to the Member States.