COUNCIL DIRECTIVE of 16 December 1991 on the approximation of the laws of the Member  States relating to compulsory use of safety belts in vehicles of less than 3,5 tonnes (91/671/EEC)
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 the national laws on compulsory use of safety belts differ widely from one Member State to  another; whereas it is therefore necessary to harmonize that compulsory use;
Whereas the obligation to use safety belts should be harmonized in vehicles of less than 3,5 tonnes  in order to guarantee road users a greater degree of safety;
Whereas Directives 76/115/EEC (4) and 77/541/EEC (5) concern the technical requirements relating to  safety belts with which motor vehicles must comply, but not the use of safety belts;
Whereas in the resolution of 19 December 1984 (6), the Council and the Representatives of the  Governments of the Member States, meeting within the Council, undertook to ensure the rapid  adoption of road safety measures, and invited the Commission to submit proposals;
Whereas resolutions of the European Parliament on road safety (7) have recommanded that the wearing  of safety belts by all passengers, including children, on all roads and in all seats in passenger  vehicles (except public service vehicles), should be compulsory;
Whereas provision should be made for the compulsory use of child restraint systems on seats fitted  with safety belts;
Whereas, pending harmonized Community standards for child restraint systems, those standards which  correspond to Member States' national requirements must be recognized throughout the Member  States;
Whereas studies have also shown that rear seats are almost as hazardous as front seats for unbelted  passengers and that rear-seat passengers not wearing belts increase the risk of injuries to front  seat passengers; whereas deaths and injuries could thus be further reduced if the wearing of belts  in rear seats was made compulsory;
Whereas the fixing of the date of entry into force of the measures referred to in this Directive  should allow time for the drafting of the implementing provisions required, particularly in those  Member States where as yet no provisions on this matter exist,
1.  This Directive shall apply to all motor vehicles in categories  M1, M2 (except for rear seats and vehicles of a maximum permissible weight exceeding 3,5 tonnes and  those which include places specially designed for standing passengers) and N1 (except for rear  seats), as defined in Annex I to Directive 70/156/EEC (1), intended for use on the road, having at  least four wheels and a maximum design speed exceeding 25 km/h.
2.  for the purposes of this Directive:
1. 'safety belt (seat belt, belt)` means an assembly of straps with a securing buckle, adjusting  devices and attachments which is capable of being anchored inside a power-driven vehicle and is  designed to diminish the risk of injury to its wearer, in the event of collision or of abrupt  vehicle deceleration, by limiting the mobility of the wearer's body. Such an assembly is generally  referred to as a 'belt assembly`, a term also embracing any devices for energy absorption or belt  retraction;
2. 'restraint system` means a system combining a seat, fixed to the structure of the vehicle by  appropriate means and a safety belt for which at least one anchorage point is located on the seat  structure;
3. 'seat` means a structure which may or may not be integral with the vehicle structure complete  with trim, intended to seat one adult person. The term covers both an individual seat and part of a  bench seat intended to seat one person.
Member States shall ensure that the driver and passengers occupying the seats of  vehicles on the road as referred to in Article 1 wear safety belts or are restrained by an approved  restraint system provided the occupied seats are fitted with such equipment. Rear-seat occupants  must use equipped seats before others.
Member States shall ensure that children under 12 years of age and who are less than 150 cm tall,  travelling in such vehicles and occupying belted seats, are restrained by an approved restraint  system suitable for the child's height and weight. These seats must be occupied before the others.
The use of a restraint system approved by the competent authority of a Member State shall be  permitted by the other Member States.
The provisions of this Directive shall also apply to drivers and passengers of vehicles  being used on the road in the Community which are registered in a third country.
1.  By way of derogation from the second paragraph of Article 2, Member States may, on  their national territory, permit children aged three years and over occupying the seats of vehicles  referred to in Article 1 to be restrained by a safety belt or other restraint system approved for  adult use.
2.  Member States shall also, on their territory and under conditions specified in their national  law, allow that children under three years of age occupying rear seats need not be restrained by a  restraint system suitable for their height and weight if such children are transported in a vehicle  where such a system is unavailable.
Persons provided by the competent authorities with an exemption certificate for serious  medical reasons shall be exempt from the obligations laid down in Article 2. Any medical  certificate issued by the competent authorities in one Member State shall also be valid in any  other Member State; the medical certificate must indicate its period of validity and be shown to  all authorized persons upon request in accordance with the relevant provisions in force in each  Member State. It must bear the following symbol:
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Member States may, with the Commission's agreement, grant exemptions other than those  laid down in Article 5, in order to:
- take account of specific physical conditions, or particular circumstances of limited duration,
- allow certain types of occupation to be carried out effectively,
- ensure that the police, security services or emergency services can perform their duties  properly.
The Commission shall, by 1 August 1994, submit a report on the implementation of this  Directive for the particular purpose of establishing whether or not more stringent safety measures  and much closer harmonization are needed. If appropriate, the report shall be accompanied by  proposals, on which the Council shall act by a qualified majority at the earliest opportunity.
1.  After consulting the Commission, Member States shall bring into force the laws,  regulations and administrative provisions necessary to comply with this Directive before 1  January  1993. They shall forthwith inform the Commission thereof.
2.  When Member States adopt these provisions, they shall contain a reference to this Directive or  be accompanied by such reference on the occasion of their official publication. The methods of  making such a reference shall be laid down by the Member States.
3.  Member States shall communicate to the Commission the texts of the main provision of national  law, which they adopt in the field governed by this Directive.
This Directive is addressed to the Member States.