Directive 95/1/EC of the European Parliament and of the Council of 2 February 1995 on the maximum design speed, maximum torque and maximum net engine power of two or three-wheel motor vehicles

Directive 95/1/EC of the European Parliament and of the Councilof 2 February 1995on the maximum design speed, maximum torque and maximum net engine power of two or three-wheel motor vehicles THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 100a thereof,Having regard to Council Directive 92/61/EEC of 30 June 1992 relating to the type-approval of two or three-wheel motor vehiclesOJ No L 225, 10. 8. 1992, p. 72.,Having regard to the proposal from the CommissionOJ No C 93, 13. 4. 1992, p. 166.,Having regard to the opinion of the Economic and Social CommitteeOJ No C 313, 30. 11. 1992, p. 7.,Acting in accordance with the procedure referred to in Article 189b of the TreatyOpinion of the European Parliament of 11 February 1993 (OJ No C 72, 15. 3. 1993, p. 128), Council common position of 28 June 1993 (not yet published in the Official Journal) and Decision of the European Parliament of 4 May 1994 (OJ No C 205, 25. 7. 1994, p. 159). Joint text of the Conciliation Committee of 13 December 1994.,Whereas the internal market comprises an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured; whereas the measures required for that purpose need to be adopted;Whereas the methods of measuring the maximum design speed, maximum torque and net engine power of two or three-wheel motor vehicles differ from one Member State to another; whereas as a result of their differences, such methods constitute barriers to trade within the Community;Whereas the barriers to the operation of the internal market may be removed if the same requirements are adopted by all Member States in place of their national rules;Whereas it is necessary to draw up harmonized requirements for methods of measuring the maximum design speed, maximum torque and maximum net engine power of two or three-wheel motor vehicles in order to enable the type-approval and component type-approval procedures laid down in Directive 92/61/EEC to be applied for each type of such vehicle,HAVE ADOPTED THIS DIRECTIVE:

Article 1This Directive applies to the methods of measuring the maximum design speed, maximum engine torque and the net maximum engine power of all the types of vehicle defined in Article 1 of Council Directive 92/61/EEC.

Article 2The procedure for the granting of component type-approval in respect of the maximum design speed, maximum engine torque and the maximum net engine power (measuring methods) of a type of two or three-wheel motor vehicle and the conditions governing the free movement of such vehicles shall be as laid down in Directive 92/61/EEC.

Article 3Within two years of the adoption of this Directive the Commission shall carry out a comprehensive new study to establish whether there is a link between accidents and maximum engine power above 74 kW. The study shall collate and evaluate the latest scientific research findings and carry out appropriate new research with a view to establishing definitive policy recommendations on this subject. On the basis of the study's conclusions, the Commission shall, if necessary, propose new legislative measures.

Article 4Any amendments necessary to adapt the requirements of Annexes I and II to technical progress shall be adopted in accordance with the procedure laid down in Article 13 of Directive 70/156/EECOJ No L 42, 23. 2. 1970, p. 1, as last amended by Directive 92/53/EEC (OJ No L 225, 10. 8. 1992, p. 1)..

Article 51.Member States shall adopt and publish the provisions necessary to comply with this Directive not later than 2 August 1996. They shall forthwith inform the Commission thereof.When the Member States adopt such provisions, they shall contain a reference to this Directive or shall 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.From the date mentioned in the first subparagraph Member States may not prohibit the initial entry into service of vehicles which conform to this Directive.They shall apply these provisions as from 2 February 1997.2.Member States shall communicate to the Commission the texts of the provisions of national law which they adopt in the field covered by this Directive.

Article 6National legislation may permit Member States to refuse the initial registration and any subsequent registration within their territory of vehicles with a maximum net power of more than 74 kW.

Article 7This Directive is addressed to the Member States.

nullLIST OF ANNEXES

ANNEX I:	Requirements concerning the method of measuring the maximum design speed …
Appendix 1:	Procedure for defining the correction coefficient for the annular speed-test track …
Appendix 2:	Information document concerning the essential characteristics of the vehicle type that affect its maximum design speed …
Appendix 3:	Component type-approval certificate in respect of the maximum design speed of a type of two or three-wheel motor vehicle …
ANNEX II:	Requirements concerning the methods of measuring the maximum torque and maximum net power of the engine …
Appendix 1:	Determination of the maximum torque and maximum net power of spark-ignition engines for mopeds …
Sub-Appendix 1:	Information document concerning the essential characteristics of the engine type that affect its maximum torque and maximum net power …
Sub-Appendix 2:	Component type-approval certificate in respect of the maximum torque and maximum net engine power of a type of moped …
Appendix 2:	Determination of the maximum torque and maximum net power of spark-ignition engines for motorcycles and tricycles …
Sub-Appendix 1:	Measurement of maximum torque and maximum net engine power by means of the engine-temperature method …
Sub-Appendix 2:	Information document concerning the essential characteristics of the engine type that affect its maximum torque and maximum net power …
Sub-Appendix 3:	Component type-approval certificate in respect of the maximum torque and maximum net engine power of a type of motorcycle or tricycle …
Appendix 3:	Determination of the maximum torque and maximum net power of compression-ignition engines fitted to two or three-wheel vehicles …
Sub-Appendix 1:	Information document concerning the essential characteristics of the engine type that affect its maximum torque and maximum net power …
Sub-Appendix 2:	Component type-approval certificate concerning the maximum torque and maximum net engine power of a type of two or three-wheel motor vehicle

ANNEX IREQUIREMENTS CONCERNING THE METHOD OF MEASURING THE MAXIMUM DESIGN SPEED1.Requirements.1.1.The maximum design speed of the vehicle is measured in accordance with the requirements set out below.2.Preparation of the vehicle.2.1.The vehicle must be clean and only those accessories needed to enable the vehicle to undergo the test must be in operation.2.2.The fuel-supply and the ignition settings, the viscosity of the lubricants for the mechanical parts in motion, and the tyre pressures, must be as required by the manufacturer.2.3.The engine, transmission and tires must have been properly run in in accordance with the manufacturer's requirements.2.4.Before the test all parts of the vehicle must be in a thermally stable state, at their normal operating temperature.2.5.The vehicle must be submitted at its mass in running order.2.6.The distribution of the loadings among the wheels must be as intended by the manufacturer.3.Driver.3.1.Uncabbed vehicles3.1.1.The driver must have a mass of 75 kg ± 5 kg and be 1,75 m ± 0,05 m tall. However, in the case of mopeds these tolerances are reduced to ± 2 kg and ± 0,02 m respectively.3.1.2.The driver must wear an adjusted one-piece suit or an equivalent item of clothing.3.1.3.He must be seated on the driver's seat with his feet on the pedals or footrest and his arms normally extended. Where vehicles achieve a maximum speed of more than 120 km/h when their rider is in a seated position that rider must be equipped and positioned as recommended by the manufacturer. However, that position must enable the driver continuously to control the vehicle during the test. The driving position must be the same throughout the test and a description of that position given in the test report or replaced by photographs.3.2.Cabbed vehicles.3.2.1.The driver must have a mass of 75 kg ± 5 kg. However, in the case of mopeds, this tolerance is reduced to ± 2 kg.4.Characteristics of the test track.4.1.The tests must be carried out on a road:4.1.1.which allows the maximum speed to be maintained along a measurement base as defined in 4.2. The acceleration track preceding the measuring base must be of the same type (surface and longitudinal profile) and be sufficiently long in order to enable the vehicle's maximum speed to be reached;4.1.2.that is clean, smooth, dry, asphalted or surfaced in an equivalent manner;4.1.3.having a longitudinal gradient of not more than 1 % and a degree of banking of not more than 3 %. The variation in altitude between any two points on the test base must not exceed 1 m.4.2.The possible configurations for the measuring base are illustrated in 4.2.1, 4.2.2 and 4.2.3.4.2.1.Type 14.2.2.Type 24.2.3.Type 34.2.3.1.The two measuring bases L must be equal in length and virtually parallel to each other.4.2.3.2.If both measuring bases are curvilinear in shape despite the requirements of 4.1.3, the effects of centrifugal force must be compensated for by the cross-section of the bends.4.2.3.3.Instead of the two bases L (see 4.2.3.1), the measuring base may coincide with the overall length of the annual test track. In this case the minimum radius of the bends must be 200 m and the effects of centrifugal force compensated for by the cross-section of the bends.4.3.Length L of the measuring base must be selected in conjunction with the accuracy of the equipment and the methods used to measure testing time t in such a way that the value for actual speed can be plotted to within +/− 1 %. If the measuring equipment is of the manual type, length L of the measuring base must not be less than 500 m. If a type 2 measuring base has been selected it will be necessary to use electronic measuring equipment in order to determine time t.5.Atmospheric conditionsAtmospheric pressure: 97 ± 10 kPa.Temperature: between 278 and 308 K.Relative humidity: 30 to 90 %.Average wind speed, measured 1 m above the ground: < 3 m/s, permitting gusts < 5 m/s.6.Test procedure.6.1.The gear ratio used during the test must be that enabling the vehicle to reach its maximum speed on level ground. The throttle control must be kept fully open and the enrichment devices must be inoperative.6.2.Drivers of uncabbed vehicles must maintain their driving position as defined in 3.1.3.6.3.The vehicle must arrive at the measuring base at a constant speed. Type 1 and type 2 bases must be travelled along in both directions in succession.6.3.1.Testing in a single direction may be accepted on a type 2 measuring base if, owing to the characteristics of the circuit, it is not possible to reach the maximum speed of the vehicle in both directions. In this case:6.3.1.1.the test run must be repeated five times in immediate succession;6.3.1.2.the speed of the axial wind component must not exceed 1 m/s.6.4.Both bases L on a type 3 measuring base must be travelled along consecutively in a single direction, without interruption.6.4.1.If the measuring base coincides with the total length of the circuit, it must be travelled along in a single direction at least twice. The difference between the extremes of the time measurements must riot exceed 3 %.6.5.The fuel and lubricant must be those recommended by the manufacturer.6.6.The total time t needed to travel along the measuring base in both directions must be determined to an accuracy of 0,7 %.6.7.The determination of average speed.Average speed V (km/h) for the test is determined as follows:6.7.1.Type 1 and type 2 measuring baseV = 3,6 × 2 Lt = 7,2 Ltwhere:Llength of measuring base (m)ttime (s) taken to travel along measuring base L (m).6.7.2.Type 2 measuring base, travelled along in a single directionV = Vawhere:Va = speed measured for each test run (km/h) =3,6 Ltwhere t = time (s) taken to travel along measuring base L (m).6.7.3.Type 3 measuring base.6.7.3.1.Measuring base consisting of two parts L (see 4.2.3.1)V = 3,6 × 2 Lt = 7,2 Ltwhere:Llength of measuring base (m)ttotal time (s) needed to travel along both measuring bases L (m).6.7.3.2.Measuring base coinciding with the total length of the annular test track (see 4.2.3.3)V = Va · kwhere:Va = speed measured (km/h) =3,6 Ltwhere:Llength of trajectory actually followed on the annular speed-test track (m)ttime (s) needed to complete a full lapt = 1n · ∑i=1n · tiwhere:nnumber of lapstitime (s) needed to complete each lapkcorrection factor (1,00 ≤ 1,05); this factor is specific to the annular test track used and is determined experimentally in line with Appendix 1.6.8.The average speed must be measured at least twice in succession.7.Maximum speed.The maximum speed of the vehicle is expressed in kilometres per hour by the figure corresponding to the closest whole number to the arithmetical mean of the values for the speeds measured during the two consecutive tests, which must not diverge by more than 3 %. When this arithmetical mean lies exactly between two whole numbers it is rounded up to the next highest number. In the case of vehicles where the maximum speed is not limited by the relevant definition given in Article 1, sections 2 and 3 of Directive 2002/24/EC, no type-approval test is needed and the maximum speed shall be accepted as being that declared by the vehicle manufacturer in the information document given in Annex II to Directive 2002/24/EC.8.Maximum speed measurement tolerances.8.1.The maximum speed as determined by the testing body may differ from the values specified by the manufacturer by ± 5 %.8.2.During a production conformity check the maximum speed may differ by ± 5 % from the value determined during the component type-approval test. That value becomes +/− 10 % in the case of mopeds the maximum design speed of which is ≤ 30 km/h.ANNEX IIREQUIREMENTS CONCERNING THE METHODS OF MEASURING THE MAXIMUM TORQUE AND MAXIMUM NET POWER OF THE ENGINE1.GENERAL1.1.Appendix 1 applies for the purpose of determining the maximum torque and maximum net power of (spark-ignition) engines for mopeds.1.2.Appendix 2 applies for the purpose of determining the maximum torque and maximum net power of (spark-ignition) engines for motorcycles and tricycles.1.3.Appendix 3 applies for the purpose of determining the maximum torque and maximum net power of compression-ignition engines.