F5 565 Rear-view mirrors (TR/2004/340)
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, COMXXX Draft COMMISSION DIRECTIVE (EC) No /.. of [ ] adapting to technical progress Council Directive 7/27/EEC on the approximation of the laws of the Member States relating to rear-view mirrors of motor-vehicles (Text with EEA relevance)
Draft COMMISSION DIRECTIVE (EC) No /.. of [ ] adapting to technical progress Council Directive 7/27/EEC on the approximation of the laws of the Member States relating to rear-view mirrors of motor-vehicles (Text with EEA relevance) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Directive 7/27/EEC of March 97 on the approximation of the laws of the Member States relating to the rear-view mirrors of motor vehicles, and in particular Article 9 thereof, Having regard to Council Directive 70/56/EEC of 6 February 970 2 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers, and in particular Article 3(2) thereof, Whereas: () Council Directive 7/27/EEC of March 97 on the approximation of the laws of the Member States relating to the rear-view mirrors of motor vehicles is one of the separate Directives of the EC type-approval procedure established by Directive 70/56/EEC. Article 9 of Council Directive 7/27/EEC makes reference to Article 3(2) of Directive 70/56/EEC with regard to adaptation to technical progress of the separate directives; (2) The deaths and injuries caused by the existence of a blind spot on the passenger side of vehicles of category N 2 and N 3 make it necessary to amend Council Directive 7/27/EEC without delay in order to improve the indirect field of vision of the driver of such vehicles, to the benefit of vulnerable road users ; (3) Technical progress makes it possible to reduce the blind spot on the passenger side of vehicles of category N 2 and N 3, at reasonably low cost, by allowing the use of convex rear-view mirrors showing a radius of curvature less than 400 mm, which provides the driver with a wider indirect field of vision; 2 OJ L 68, 22.03.97, p 7, as last amended by Commission Directive 88/32/EEC of 6 May 988, OJ L 47, 4.06.988, p 77-79. OJ L 42, 23.02.970, p 5, as last amended by European Parliament and Council Directive 2000/40/EC of 26 June 2000, OJ L 203, 0.08.2000, p 9-28. 2
(4) The design of N 2 vehicles with regard to their cabin and bodywork has constantly evolved in recent years. Many N 2 vehicles can now be equipped with class IV and class V mirrors in much the same way as N 3 vehicles; (5) Directive 7/27/EEC should be amended accordingly ; (6) The measures provided for in this Directive are in accordance with the opinion of the Committee for Adaptation to Technical Progress established by Directive 70/56/EEC ; HAS ADOPTED THIS DIRECTIVE: Article Annexes II and III of Council Directive 7/27/EEC are amended as provided by the Annex to this Directive. Article 2. With effect from [ six months and one day after the adoption of this Directive], Member States shall not, on grounds relating to rear-view mirror installation, which complies with the requirements set out in Directive 7/27/EEC as amended by this Directive : refuse to grant EC type-approval or national approval in respect of a type of vehicle, prohibit the registration, sale or entry into service of new vehicles. 2. With effect from [ nine months after the adoption of this Directive], Member States shall refuse to grant EC type-approval, and may refuse to grant national approval for a new type of vehicle, on grounds relating to rear-view mirror installation, if the requirements of Directive 7/27/EEC as amended by this Directive are not fulfilled. 3. With effect from [ nine months after the adoption of this Directive], Member States : shall consider the certificates of conformity which accompany new vehicles in accordance with the provisions of Directive 70/56/EEC to be no longer valid for the purposes of Article 7() of that Directive ; may prohibit the sale, registration or entry into service of new vehicles on grounds relating to rear-view mirror installation, if the requirements of Directive 7/27/EEC as amended by this Directive are not fulfilled. 3
4. Paragraphs 2 and 3 shall not apply to a vehicle which has been type-approved in accordance with the provisions of Directive 2003/97/EC of the European Parliament and of the Council of 0 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 devises 3. 5. With effect from [..six months and one day after the adoption of this Directive], Member States shall not refuse to grant EC type-approval to a type of rear-view mirror if the requirements of Directive 7/27/EEC as amended by this Directive are fulfilled. 6. This Directive shall not invalidate any EC type-approval previously granted to vehicles belonging to categories M and N, with respect to rear-view mirror installation. Article 3. Member States shall adopt and publish the laws, regulations and administrative provisions necessary to comply with this Directive before [ six months after its adoption]. They shall forthwith inform the Commission thereof. 2. They shall apply these provisions from [ six months after its adoption] 3. When Member States adopt these provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made. 4. Member States shall communicate to the Commission the texts of the main provisions of national law, which they adopt in the field covered by this Directive. Article 4 This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. Article 5 This Directive is addressed to the Member States. Done at Brussels, [ ] For the Commission [ ] 3 OJ L 025, 29.0.2004, p.. 4
Member of the Commission 5
ANNEX Section I Annex II of Council Directive 7/27/EEC is amended as follows:. In item 3.3.3. 400 mm is replaced by 300 mm. 2. At the end of item 4.2 of Appendix 2 the following sentence is added: For wideangle rear-view mirrors of class IV and close-proximity rear-view mirrors of class V with a radius of curvature between 300 and 400 mm the sequence number is 03. Section II Annex III of Council Directive 7/27/EEC is amended as follows:. In item 2...the table is replaced by the following table: Category Inside rear-view mirrors Class I M point 2..2) Main rear-view mirrors Class II point 2..2.3) M 2 2 ( on the left and on the right) M 3 2 ( on the left and on the right) N (see, however,point 2..2) N 2 7,5 tonnes N 2 >7,5 tonnes point 2.2.3) point 2.2.3) N 3 point 2.2.3) point 2..2.3) 2 ( on the left and on the right) External rear-view mirrors Class III on the side opposite the direction followed by the traffic (see, however, point 2.2.) Wide-angle rearview mirrors Class IV point 2.2.4) point 2.2.4) on the side opposite the direction followed by the traffic (see, however, point 2.2.) point 2.3) 2 ( on the left and point on 2.3) the right) 2 ( on the left and on the right) point 2.3) Close-proximity rear-view mirrors Class V point 2.2.4) point 2..4) see, however, points (2.2.2 and 3.7) see, however, points (2.2.2 and 3.7) point 3.7) point 3.7) point 3.7) 6
2. Item 2..4. is amended to read: 2..4. A class IV wide-angle rear view mirror is mandatory on the passenger side on those vehicles of category N2 7.5 tonnes, where it is possible to mount a class V rear-view mirror according to item 3.7. 3. Item 2.2.2. is amended to read: 2.2.2 A class V close-proximity rear-view mirror is acceptable for vehicles of category M2 and M3. 4. Item 2.2.4. is amended to read: 2.2.4. A class IV wide-angle rear-view mirror is acceptable for vehicles of category M2 and M3. 5. Item 5.4. is replaced by the following sentences: The field of vision must be such that the driver can see at least a 5 m-wide, flat, horizontal portion of the road, which is bounded by a plane parallel to the median longitudinal vertical plane of the vehicle and passing through the outermost point of the vehicle on the passenger side and which extends from at least 0 to 25 m behind the driver's ocular points. In addition, the road must be visible to the driver over a width of 4.5 m, which is bounded by a plane parallel to the median longitudinal vertical plane and passing through the outermost point of the vehicle starting from a point.5 m behind the vertical plane passing through the driver's ocular points (see figure 6). 6. Figure 6 is replaced by the figure below: 0 m 25 m 4,5 m,5 m Ground level 5 m Driver s ocular points Figure 6. Field of vision of Class IV wide-angle mirror for a left hand drive vehicle 7