Directive 97/27/EC of the European Parliament and of the Council of 22 July 1997 relating to the masses and dimensions of certain categories of motor vehicles and their trailers and amending Directive 70/156/EEC
DIRECTIVE 97/27/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 22 July 1997
relating to the masses and dimensions of certain categories of motor vehicles and their trailers and amending Directive 70/156/EEC
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 the proposal from the Commission ( 1 ),
Having regard to the opinion of the Economic and Social Committee ( 2 ),
Acting in accordance with the procedure laid down in Article 189b of the Treaty ( 3 ),
(1) |
Whereas the total harmonization of technical requirements for motor vehicles is necessary in order to achieve the smooth functioning of the internal market, while ensuring a high level of safety for the public; |
(2) |
Whereas the technical requirements which certain vehicle categories must satisfy pursuant to national laws relate, inter alia, to their masses and dimensions; |
(3) |
Whereas these requirements differ from one Member State to another; whereas it is therefore necessary that all Member States adopt the same requirements either in addition to or in place of their existing rules in order to allow, in particular, the EC type-approval procedure which was the subject of Council Directive 70/156/EEC 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 ( 4 ), to be applied in respect of each type of vehicle; |
(4) |
Whereas it is desirable to harmonize the maximum masses and dimensions of motor vehicles and their trailers to be registered in the Member States in accordance with Directive 96/53/EC of 25 July 1996 laying down, for certain road vehicles circulating within the Community, the maximum authorized dimensions in national and international traffic and the maximum authorized weights in international traffic ( 5 ); whereas the aforementioned Directive applies only to the traffic on the territories of the Member States and not to technical requirements as laid down in Directive 70/156/EEC; |
(5) |
Whereas Directive 96/53/EC lays down certain maximum authorized dimensions for both national and international traffic in the Member States with a certain lead time for their entry into force; whereas some other maximum authorized dimensions, as well as maximum authorized masses, remain applicable only to international traffic; |
(6) |
Whereas, as a consequence, the harmonization of the maximum authorized masses of motor vehicles and their trailers to be registered in the Member States does not appear to be feasible in the short term; whereas on the other hand it does now appear feasible to achieve, as far as possible, the harmonization of their maximum dimensions, to deal with the question of masses by providing for the possibility of a uniform procedure to determine the registration/in-service maximum permissible masses of vehicles in each Member State, and to pursue the constant improvement of safety, in particular with regard to certain categories of trailers; |
(7) |
Whereas, according to Article 4 (3) and (4) of Directive 96/53/EC, Member States may allow the circulation on their territory of category N vehicles with dimensions exceeding the limits laid down in that Directive, either for the carriage of indivisible loads or for the purpose of certain national transport operations that do not significantly affect international competition in the transport sector; whereas, as far as category M2 and M3 vehicles are concerned, Directive 96/53/EC applies only to international traffic; whereas it is therefore necessary by way of derogation to allow approvals for vehicles of dimensions exceeding the maximum dimensions authorized by this Directive and for certain other characteristics, together with the possibility for Member States to refuse vehicles approved under those derogating provisions; |
(8) |
Whereas this Directive is one of the separate directives which must be complied with in order to ensure the conformity of vehicles with the requirements of the EC type-approval procedure established by Directive 70/156/EEC; whereas, consequently, the provisions laid down in Directive 70/156/EEC relating to vehicle systems, components and separate technical units apply to this Directive; |
(9) |
Whereas, in particular, pursuant to Articles 3 (4) and 4 (3) of Directive 70/156/EEC, each separate directive must have attached to it an information document incorporating the relevant items of Annex I to that Directive and also a type-approval certificate based on Annex VI thereto so that type-approval can be computerized; |
(10) |
Whereas special provisions have been incorporated as regards incomplete vehicles in order to facilitate second-stage approval of completed vehicles; |
(11) |
Whereas special provisions are introduced in this Directive to take account of retractable or loadable axles; whereas it is acknowledged that such axles should also be taken into account in Council Directive 71/320/EEC 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 ( 6 ) and in Council Directive 70/311/EEC of 8 June 1970 on the approximation of the laws of the Member States relating to steering equipment for motor vehicles and their trailers ( 7 ); |
(12) |
Whereas special provisions should also be incorporated into Directive 71/320/EEC in order to take better account of the technical conditions under which vehicles of categories M2, M3 and N may tow trailers; |
(13) |
Whereas special provisions should also be incorporated into Council Directive 76/114/EEC of 18 December 1975 on the approximation of the laws of the Member States relating to statutory plates and inscriptions for motor vehicles and their trailers, and their location and method of attachment ( 8 ) to take account of the fact that vehicles may be registered at different masses in the Member States, |
HAVE ADOPTED THIS DIRECTIVE:
Article 1
For the purposes of this Directive, ‘vehicle’ means any motor vehicle or trailer as defined in Article 2 of and Annex II to Directive 70/156/EEC, with the exception of vehicles of category M1.
Article 2
No Member State may refuse to grant EC type-approval or national type-approval of a vehicle type, or refuse or prohibit the sale, registration, entry into service or use of a vehicle on grounds relating to its masses and dimensions if these satisfy the requirements set out in Annex I hereto.
Article 3
However, a Member State may refuse to grant national type-approval of a vehicle type, or refuse or prohibit the sale, registration, entry into service or use of a vehicle, or consider its certificate of conformity as not valid within the meaning of Article 7 (1) of Directive 70/156/EEC, or authorize it only for the carriage of indivisible loads if, having been granted approval under this Directive, it benefits from the derogation provided for in Article 7 thereof and that derogation conflicts with the national requirements in force in that Member State.
Article 4
When Member States grant national type-approval of vehicles approved under this Directive or permit the registration, entry into service or use of such vehicles, they assign to them national registration/in-service maximum permissible masses according to their relevant national maximum authorized masses. For the determination of these registration/in-service maximum permissible masses, no Member State may refuse to apply the procedure provided for in Annex IV, should the manufacturer request its application.
Article 5
By way of derogation from Article 2, Member States may submit loadable and retractable axles to national technical requirements. However, no Member State may refuse to apply the technical requirements laid down in section 3 of Annex IV should the manufacturer request their application.
Article 6
By way of derogation from Article 2 and section 7.3.2.1 of Annex I, Member States may refuse to grant national type-approval of, or refuse or prohibit the sale, registration or entry into service or use of buses or coaches the width of which exceeds 2,50 m until 31 December 1999, as provided by Article 9 of Directive 96/53/EC.
Article 7
By way of derogation from Article 2 and section 7.3 of Annex I, and without the requirements of section 7.6 of Annex I having to be fulfilled, Member States may approve vehicles with dimensions exceeding those laid down in those sections. Details of the derogation shall be included in the type-approval certificate in Annex III to this Directive and the provisions of Article 3 shall apply.
Article 8
Directive 70/156/EEC is amended as follows:
(a) Annex I is supplemented as follows:
1. Footnote (j) shall be supplemented as follows: ‘for vehicles other than those of category M1, Directive 97/27/EC, Annex I, section 2.4.1’.
2. Footnote (k) shall be supplemented as follows: ‘for vehicles other than those of category M1, Directive 97/27/EC, Annex I, section 2.4.2’.
3. Footnote (l) shall be supplemented as follows: ‘for vehicles other than those of category M1, Directive 97/27/EC, Annex I, section 2.4.3’.
(b) Item 48 of Annex IV is replaced by the following text:
|
‘Subject |
Directive |
OJ No |
Applicability |
|||||||||
M1 |
M2 |
M3 |
N1 |
N2 |
N3 |
O1 |
O2 |
O3 |
O4 |
||||
48 |
Masses and dimensions (other than vehicles referred to in item 44) |
97/27/EC |
L 233 25. 8. 1997 |
|
X |
X |
X |
X |
X |
X |
X |
X |
X’ |
Article 9
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 22 July 1999 at the latest. They shall forthwith inform the Commission thereof.
When Member States adopt these measures, 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.
2. Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field governed by this Directive.
Article 10
This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.
Article 11
This Directive is addressed to the Member States.
ANNEX I
1. |
This Directive applies to the masses and dimensions of motor vehicles of categories M2, M3 and N and of trailers of category O, as defined in Annex II (A) to Directive 70/156/EEC. |
2. |
DEFINITIONS
The definitions as laid down in Annex I (including the footnotes) and in Annex II to Directive 70/156/EEC shall apply to this Directive. For the purposes of this Directive:
‘Mass of the vehicle in running order’ means the mass defined in section 2.6 of Annex I to Directive 70/156/EEC.
‘Technically permissible maximum mass on the axle (m)’ means the mass corresponding to the maximum permissible static vertical load exerted by the axle on the road surface, based on the construction of the vehicle and of the axle and as stated by the vehicle manufacturer. In vehicles of category N1 the technically permissible maximum mass on the rear axle(s) may be exceeded by not more than 15 % and the technically permissible maximum laden mass of the vehicle may be exceeded by not more than 10 % or 100 kg, whichever is the lesser, to apply only in the case of a trailer towing vehicle, provided that the operating speed is restricted to 80 km/h or less. The vehicle manufacturer shall specify any such speed restriction or other operating conditions in the owner's manual.
‘Technically permissible maximum mass on the coupling point of a motor vehicle’ means the mass corresponding to the maximum permissible static vertical load on the coupling point based on the construction of the motor vehicle and/or coupling device and as stated by the manufacturer. By definition, this mass does not include the mass of the coupling device of the motor vehicle.
‘Technically permissible maximum laden mass of the combination (MC)’ means the total mass of a combination of motor vehicle and trailer(s) as stated by the manufacturer. The maximum technically permissible mass on the axle of the trailer should be used instead of the technically permissible maximum laden mass M in the case of combinations with semi-trailers or centre-axle trailers.
‘Vehicle type’ means vehicles which do not differ in such essential respects as: — manufacturer, — essential aspects of construction and design such as: — — for vehicles of categories M2 and M3: — — chassis/self supporting body, single/double deck, rigid/articulated (obvious and fundamental differences), — number of axles; — for vehicles of category N: — — chassis/floor pan (obvious and fundamental differences), — number of axles; — for vehicles of category O: — — chassis/self-supporting body (obvious and fundamental differences), drawbar trailer/semi-trailer/centre-axle trailer, — braking system: unbraked/inertia/continuous, — number of axles. For the purposes of this section, aspects of construction and design, such as in particular the wheelbase, axle design, suspension, steering, tyres and the corresponding modifications of the brake correcting device for the axles, or the adjunction or suppression of reduction valves in relation to semi-trailer tractor and lorry configurations, and equipment related to the chassis (e.g. engine, fuel tanks, transmission, etc.) are not considered to be essential. |
3. |
APPLICATION FOR EC TYPE-APPROVAL
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4. |
EC TYPE-APPROVAL
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5. |
AMENDMENTS TO APPROVALS
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6. |
CONFORMITY OF PRODUCTION
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7. |
REQUIREMENTS 7.1. Measurement of the mass of the vehicle in running order and of its distribution among the axles The mass of the vehicle in running order and its distribution on the axles are measured on the vehicles submitted in accordance with 3.3, placed in a stationary position with their wheels set straight ahead. If the measured masses differ by no more than 3 % from the masses stated by the manufacturer for the corresponding technical configurations within the type, or by no more than 5 % if the vehicle is of categories N1, O1, O2, or M2 not exceeding 3,5 t, themasses in running order and their distribution among the axles as stated by the manufacturer are used for the purpose of the requirements below. Otherwise the measured masses must be used and the technical service may then, if necessary, carry out additional measurements on vehicles other than those submitted in accordance with 3.3. 7.2. Measurement of dimensions Measurement of the overall length, width and height is carried out in accordance with the provisions of section 2.4 on the vehicle(s) in running order submitted in accordance with section 3.3. If the measured dimensions differ by more than 1 % from those stated by the manufacturer for the corresponding technical configurations within the type, the measured dimensions are used for the purpose of the requirements below and the technical service may then, if necessary, carry out additional measurements on vehicles other than those submitted in accordance with section 3.3. The limit values laid down in Annex I to Directive 96/53/EC may not, however, be exceeded. 7.3. Maximum authorized dimensions for vehicles 7.3.1. Maximum length
7.3.2. Maximum width
7.3.3. Maximum height
7.4. Mass distribution calculations 7.4.1. Calculation procedure
7.4.2. Requirements for vehicles of categories N and O, except trailer caravans
7.4.3. Requirements for buses and coaches
The mass of the vehicle in running order, plus the mass Q multiplied by the number of seated and standing passengers, plus the masses WP, B and BX as defined in section 7.4.3.3.1, plus the technical permissible maximum mass on the coupling point, if a coupling is fitted by the manufacturer, shall not exceed the mass M.
When the vehicle is in running order or laden as specified in section 7.4.3.3.1, the mass corresponding to the load on the front axle or group of axles must not be less than the percentage of the mass of the vehicle in running order or of the technically permissible maximum laden mass ‘M’ laid down in the following table:
Where a vehicle is to be approved to more than one Class, sections 7.4.3.2 and 7.4.3.3 shall apply to each Class. 7.4.4. Requirements for trailer caravans The requirements of 7.4.2.1 to 7.4.2.4 and of 7.4.2.7 apply. In addition, when the incomplete vehicle is laden to its mass M according to the situation described in 7.4.2.5.1.2, or when the complete or completed vehicle in running order is laden to its mass M as described in the Appendix to Annex II to Council Directive 92/21/EEC ( 10 ), the mass corresponding to the load on each axle must not exceed the mass mi on this axle, and the mass corresponding to the load on each solo axle or on the group of axles must not exceed the mass µj on this group of axles. Moreover, the mass corresponding to the load on the driving axle or the sum of the masses corresponding to the loads on the driving axles must be at least 25 % of M. 7.5. Conditions to be verified for the classification of a vehicle as an off-road vehicle (Annex II, section 4 of Directive 70/156/EEC)
7.6. Manoeuvrability
7.6.2. Additional requirements for vehicles of category N When the vehicle is stationary and has its steered wheels so directed that if the vehicle moved, its outermost forward point would describe a circle of 12,50 m radius, a vertical plane tangential to the side of the vehicle which faces outwards from the circle must be established by marking a line on the ground. When the vehicle moves forward on either side following the circle of 12,50 m radius, no part of it may move outside the vertical plane by more than 0,80 m (see figure B). For vehicles with an axle-lift device this requirement also applies with the axle(s) in the lifted position (within the meaning of 2.14). For vehicles of Category N with retractable axles in the lifted position, or loadable axles in the unladen condition, the figure of 0,80 m is replaced by 1,00 m.
The requirements of sections 7.6.1 to 7.6.3 may also be verified, at the request of the manufacturer, with an appropriate equivalent calculation or geometric demonstration. If, at the request of the manufacturer, vehicles of category N without steered rear axles are verified according to their geometric characteristics: a vehicle is deemed to comply with the requirements of paragraph 7.6.2 above if its rear overhang is not more than 60 % of the vehicle wheelbase. 7.6.5.In the case of incomplete vehicles, the manufacturer must declare the maximum permissible dimensions for which the vehicle is to be checked against the requirements of sections 7.6.1 to 7.6.3. 7.7. Additional requirements for motor vehicles of categories M2 and M3 The technically permissible maximum towable mass must not exceed 3 500 kg. 7.8. Technically permissible maximum mass on the coupling point of motor vehicles and mounting instructions for couplings 7.8.1.The technically permissible maximum mass on the coupling point of a motor vehicle designed to tow a centre-axle trailer and with a technically permissible maximum towable mass exceeding 3,5 tonnes must be at least equal to 10 % of its technically permissible maximum towable mass, or 1 000 kg, whichever is the lesser.
7.9. Hill-starting ability Motor vehicles towing a trailer and laden to their technically permissible maximum laden mass of the combination, must be capable of starting five times within five minutes at an up-hill gradient of at least 12 %. 7.10. Engine power/maximum mass ratio Motor vehicles must provide an engine power output of at least 5 kW/t of the technically permissible maximum laden mass of the combination. In the case of a road tractor, the engine power must be at least 2,2 kW/t. The engine power is measured according to the provisions of Council Directive 80/1269/EEC ( 11 ). 7.11. Conditions relating to the equivalence between certain non-air suspension and air suspension systems for vehicle driving axle(s)
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ANNEX II
INFORMATION DOCUMENT No …
pursuant to Annex I to Council Directive 70/156/EEC relating to the EC type-approval of certain categories of motor vehicles and their trailers with respect to their masses and dimensions
(European Parliament and Council Directive 97/…/EC)
ANNEX III
MODEL
maximum format: A4 (210 × 297 mm)
EC TYPE-APPROVAL CERTIFICATE
(vehicle)
Appendix
to EC type-approval certificate No …
concerning the type-approval of certain categories of motor vehicles and their trailers with regard to Directive 97/27/EC
ANNEX IV
This Annex contains the uniform procedure referred to in Article 4 of this Directive for the determination of the ‘registration/in-service maximum permissible masses’ in each Member State and the uniform technical requirements for loadable and retractable axles referred to in Article 5 of this Directive:
1. Definitions
The following concepts are applicable in the framework of Article 4 of this Directive, until it is amended to incorporate harmonized maximum authorized masses. For the purpose of this Annex:
1.0. |
‘Indivisible load’ means a load that cannot, for the purposes of carriage by road, be divided into two or more loads without undue expense or risk of damage and which, owing to its mass or dimension, cannot be carried by a vehicle the masses and dimensions of which comply with the maximum authorized masses and dimensions in force in a Member State. |
1.1. |
‘Registration/in-service maximum permissible laden mass’ means the maximum mass of the laden vehicle at which the vehicle itself can be registered or put into service in a Member State at the request of the vehicle manufacturer.
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1.2. |
‘Registration/in-service maximum permissible mass on the axle in a Member State’ means the maximum laden mass on the axle stated by that Member State's authorities and at which the vehicle itself is to be registered or put into service in that Member State at the request of the vehicle manufacturer.
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1.3. |
‘Registration/in-service maximum permissible mass on the group of axles in a Member State’ means the maximum laden mass on the group of axles stated by that Member State's authorities and at which the vehicle itself is to be registered or put into service in that Member State at the request of the vehicle manufacturer.
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1.4. |
‘Registration/in-service maximum permissible towable mass in a Member State’ of a motor vehicle means the maximum mass to be towed by the motor vehicle, given by that Member State's authorities, and at which the motor vehicle is to be registered or put into service in the Member State at the request of the vehicle manufacturer.
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1.5. |
‘Registration/in-service maximum permissible laden mass of the combination in a Member State’ means the sum of the masses of the laden vehicle and of its laden trailer at which the motor vehicle is to be registered or put into service in that Member State at the request of the vehicle manufacturer.
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2. Determination of the registration/in-service maximum permissible masses
2.1. |
The provisions of section 7.4 of Annex I to this Directive apply for the determination by the Member States' authorities of the different registration/in-service maximum permissible masses. For this purpose, the notations M, mi, µj, TM and MC of that paragraph respectively designate the registration/in-service maximum permissible laden mass of the vehicle, the registration/in-service maximum permissible mass on the axle designated ‘i’, on the solo axle or group of axles designated ‘j’, the registration/in-service maximum permissible towable mass, and the registration/in-service maximum permissible laden mass of the combination. |
2.2. |
Determination of the registration/in-service maximum permissible towable mass of a motor vehicle:
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3. Technical requirements for the installation of retractable or loadable axles on vehicles (Annex I, sections 2.14 to 2.16)
3.1. |
Any vehicle may be permitted with one or more retractable or loadable axles. |
3.2. |
If a vehicle is fitted with one or more retractable or loadable axles (Annex I, sections 2.14 to 2.16) it must be ensured that under all driving conditions with the exception of those mentioned in point 3.5 below the registration/in-service maximum permissible masses on the axles and groups of axles are not exceeded. To that end the retractable or loadable axle must lower to the ground or be loaded automatically if the nearest axle(s) of the group or the front axle of the motor vehicle is (are) laden to its (their) registration/in-service maximum permissible mass(es). |
3.4. |
Every axle-lift device fitted to a vehicle to which this Directive applies, as well as the systems for its operation, must be designed and installed in such a manner as to protect them against any improper use or tampering. |
3.5. |
Requirements for the starting (moving off) of motor vehicles on slippery surfaces.
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( 1 ) OJ No C 230, 4. 9. 1991, p. 46.
( 2 ) OJ No C 49, 24. 2. 1992, p. 5.
( 3 ) Opinion of the European Parliament of 12 February 1992 (OJ No C 67, 16. 3. 1992, p. 81), Council common position of 28 November 1996 (OJ No C 41, 10. 2. 1997, p. 5), Decision of the European Parliament of 9 April 1997 (OJ No C 132, 28. 4. 1997) and Council Decision of 21 May 1997.
( 4 ) OJ No L 42, 23. 2. 1970, p. 1. Directive as last amended by Directive 96/79/EC (OJ No L 18, 21. 1. 1997, p. 7).
( 5 ) OJ No L 235, 17. 9. 1996, p. 59.
( 6 ) OJ No L 202, 6. 9. 1971, p. 37. Directive as last amended by Directive 91/422/EEC (OJ No L 233, 22. 8. 1991, p. 21).
( 7 ) OJ No L 133, 18. 6. 1970, p. 10. Directive as last amended by Directive 92/62/EEC (OJ No L 199, 18. 7. 1992, p. 33).
( 8 ) OJ No L 24, 30. 1. 1976, p. 1. Directive as last amended by Directive 78/507/EEC (OJ No L 155, 13. 6. 1978, p. 31).
( 9 ) OJ No L 103, 23. 4. 1991, p. 5.
( 10 ) OJ No L 129, 14. 5. 1992, p. 1. Directive as last amended by Directive 95/48/EC (OJ No L 233, 30. 9. 1995, p. 73).