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Version Superseded: 01/11/2014
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THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 100a thereof,
Having regard to the proposal from the Commission(1),
In cooperation with the European Parliament(2),
Having regard to the opinion of the Economic and Social Committee(3),
Whereas it is important to adopt measures with the aim of progressively establishing the internal market over a period expiring on 31 December 1992; whereas the internal market shall comprise an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured;
Whereas the technical requirements which certain categories of motor vehicles and their trailers must satisfy pursuant to national laws relate, inter alia, to the spray-suppression systems of such motor vehicles;
Whereas these requirements differ from one Member State to another; whereas it is therefore necessary that all Member States adopt the same requirements in order, in particular, to allow the implementation for each type of vehicle of the EEC 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), as last amended by Directive 87/403/EEC(5);
Whereas, with a view to improving road safety, it is important that all commercial vehicles in higher weight categories and with a certain minimum design speed should be equipped with efficient spray-suppression systems in order to retain water;
Whereas it is desirable to establish a single performance test for systems of this type on fitting to the various types of vehicles as a means of markedly improving the situation; whereas for the EEC component type-approval of devices of this type account has been taken of the two types of devices currently on the marked, i.e. the energy-absorption type and the air/water separator type; whereas it has been necessary to provide for two different tests depending on the type of device to be approved;
Whereas, in the light of the studies, research and tests currently in progress, a performance test on the types of vehicles fitted with these devices will be established as soon as possible;
Whereas Member States should pay attention to the fact that the formation of spray depends also on the characteristics of the road surface, the tyre-tread configuration and the speed and aerodynamic characteristics of the vehicle;
Whereas the approximation of national laws relating to motor vehicles entails the mutual recognition by Member States of the inspections carried out by each of them on the basis of common requirements,
HAS ADOPTED THIS DIRECTIVE:
1.Member States shall grant EEC component type-approval for any type of device, hereinafter referred to as ‘spray-suppression device’, intended to reduce the projection of spray from tyres of moving vehicles, if it satisfies the requirements regarding design and testing set out in Annex II and taking into account the definitions given in Annex I.
2.A Member State which has granted EEC component type-approval shall take the measures required to verify, in so far as is necessary and, if need be, in cooperation with the competent authorities of the other Member States, that production models conform to the approved type. For this purpose the Member State shall apply the requirements of Annex IV.
Member States shall, for each spray-suppression device which they approve pursuant to Article 1, issue to the manufacturer or to his authorized representative an EEC component type-approval mark conforming to the model in Annex II, Appendix 3.
Member States shall take all appropriate measures to prevent the use of marks liable to create confusion between spray-suppression devices which have been approved pursuant to Article 1 and other devices.
No Member State may prohibit the placing on the market of spray-suppression devices on grounds relating to their construction and performance if they bear the EEC component type-approval mark.
Nevertheless, this provision shall not prevent a Member State from taking such measures with regard to spray-suppression devices bearing the EEC component type-approval mark which consistently fail to conform to the approved type.
The Member State concerned shall forthwith inform the other Member States and the Commission of the measures taken, specifying the reason for its decision. The provisions of Article 5 shall also apply.
Devices shall be deemed not to conform to the approved type, within the meaning of the second paragraph, if the requirements of Annex II have not been respected.
The competent authorities of each Member State shall, within one month, send the competent authorities of the other Member States copies of the EEC component type-approval certificates issued for each type of spray-suppression device which they approve or refuse to approve.
1.If the competent authorities of a Member State which has granted EEC component type-approval find that spray-suppression devices accompanied by certificates of conformity to a single type do not conform to the type approved by that Member State, they shall take the necessary measures to ensure that the conformity of production models to the approved type is restored. They shall advise the competent authorities of the other Member States of the measures taken, which may extend to withdrawal of EEC component type-approval.
The said authorities shall take the same measures if they are informed by the competent authorities of another Member State of such failure to conform.
2.The competent authorities of the Member State shall, within one month, inform each other of a withdrawal of EEC component type-approval, by forwarding a copy of the component type-approval certificate, signed and dated and bearing in large letters the words ‘EEC TYPE-APPROVAL WITHDRAWN’, and adducing reasons for any such measure.
3.If the Member State which has granted the EEC component type-approval challenges the alleged lack of conformity, the Member States concerned shall endeavour to settle the disagreement. The Commission shall be kept informed. Where necessary, it shall arrange for appropriate discussions with a view of arriving at a solution.
Any decision taken pursuant to the provisions adopted in implementation of this Directive to refuse or withdraw EEC component type-approval for spray-suppression devices or prohibit their placing on the market or use shall set out in detail the reason on which it is based. Such decision shall be notified to the party concerned, who shall at the same time be informed of the remedies available to him under the laws in force in the Member States and of the time limits laid down for availing himself of such remedies.
For the purposes of this Directive, ‘vehicle’ means any motor vehicle in category N and any trailer in category O as defined in Annex I to Directive 70/156/EEC.
No Member State may refuse to grant EEC type-approval or national type-approval for vehicles, or refuse or prohibit their sale, registration, placing in service or use on grounds relating to their spray-suppression system if these are fitted in accordance with the requirements of Annex III and if the spray-suppression devices with which the vehicles are equipped bear the EEC component type-approval mark.
Any amendments necessary in order to adapt the requirements of the Annexes to this Directive to take account of technical progress shall be adopted in accordance with the procedure laid down in Article 13 of Directive 70/156/EEC.
1.Member States shall bring into force the provisions necessary in order to comply with this Directive by 10 April 1992. They shall forthwith inform the Commission thereof.
2.Member States shall communicate the main provisions of national law which they adopt in the field covered by this Directive to the Commission.
3.When Member States adopt the provisions referred to in paragraph 1, 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.
This Directive is addressed to the Member States.
For the purposes of this Directive, the following definitions apply:
Spray-suppression system
‘Spray-suppression system’ means a system intended to reduce the pulverization of water thrown upwards by the tyres of a vehicle in motion. The spray-suppression system is variously made up of a mudguard, rain flaps and valances equipped with a spray-suppression device.
Mudguard
‘Mudguard’ means a rigid or semi-rigid component intended to trap the water thrown up by tyres in motion and to direct it towards the ground. Mudguards may entirely or partially form an integral part of the vehicle bodywork or other parts of the vehicle such as the lower part of the load platform, etc.
Rain flap
‘Rain flap’ means a flexible component mounted vertically behind the wheel, on the lower part of the chassis or the loading surface, or on the mudguard.
The rain flap must also reduce the risk of small objects, in particular pebbles, being picked up from the ground by the tyres and thrown upwards or sidewards towards other road users.
Spray-suppression device
‘Spray-suppression device’ means part of the spray-suppression system, which may comprise:
Air/water separator
This is a component forming part of the valance and/or of the rain flap through which air can pass whilst reducing pulverized water emissions.
Energy absorber
This is a component forming part of the mudguard and/or valance and/or rain flap which absorbs the energy of water spray, thus reducing pulverized water spray.
Outer valance
‘Outer valance’ means a component located approximately within a vertical plane that is parallel to the longitudinal plane of the vehicle. It may form part of a mudguard or of the vehicle bodywork.
Steered wheels
‘Steered wheels’ means the wheels actuated by the vehicle's steering system.
Self-tracking axle
‘Self-tracking axle’ means an axle pivoted about a central point in such a way that it can describe a horizontal arc. For the purpose of this Directive, a self-tracking axle of the ‘pivot steering’ type is considered to be, and treated as, an axle fitted with steered wheels.
Self-steered wheels
‘Self-steered wheels’ means wheels not actuated by the vehicle's steering device, which may swivel through an angle not exceeding 20° owing to the friction exerted by the ground.
[F1Retractable axle
‘ Retractable axle ’ means an axle as defined in Annex I point 2.15 to Directive 97/27/EC.
Unladen vehicle
‘Unladen vehicle’ means a vehicle in running order as defined in point 2.6 of Annex I to Directive 2007/46/EC of the European Parliament and of the Council (6) .
Tread
‘ Tread ’ is the part of the tyre as defined in point 2.8 of Annex II to Directive 92/23/EEC.]
Type of spray-suppression device
‘Type of spray-suppression device’ means devices which do not differ with respect to the following main characteristics:
the physical principle adopted in order to reduce emissions (water-energy absorption, air/water separator),
materials,
shape,
dimensions (in so far as they may influence the behaviour of the material).
[F2Semitrailer towing vehicle
‘ Semitrailer towing vehicle ’ means a towing vehicle as defined in point 2.1.1.2.2 of Annex I to Directive 97/27/EC.
Technically permissible maximum laden mass
‘ Technically permissible maximum laden mass ’ means the maximum mass of the vehicle as defined in point 2.6 of Annex I to Directive 97/27/EC.
Type of vehicle
‘ Type of vehicle ’ means, in relation to spray suppression complete, incomplete or completed vehicles, which do not differ with respect to the following aspects:
type of spray suppression device (installed on the vehicle),
manufacturer’s spray suppression system type designation.]
Textual Amendments
F1 Substituted by Commission Directive 2010/19/EU of 9 March 2010 amending, for the purposes of adaptation to technical progress in the field of spray-suppression systems of certain categories of motor vehicles and their trailers, Council Directive 91/226/EEC, and Directive 2007/46/EC of the European Parliament and of the Council (Text with EEA relevance).
F2 Inserted by Commission Directive 2010/19/EU of 9 March 2010 amending, for the purposes of adaptation to technical progress in the field of spray-suppression systems of certain categories of motor vehicles and their trailers, Council Directive 91/226/EEC, and Directive 2007/46/EC of the European Parliament and of the Council (Text with EEA relevance).
Four samples: three of which for tests and a fourth to be kept by the laboratory for any subsequent verification. The test laboratory may require further samples.
Each sample must be clearly and indelibly marked with the trade name or mark and an indication of the type and include a space that is large enough for the EC component type-approval mark.
The aim of this test is to quantify the ability of a device to retain the water directed against it by a series of jets. The test assembly is intended to reproduce the conditions under which the device is to function when fitted to a vehicle as regards the volume and speed of the water thrown up from the ground by the tyre tread.
See Figure 8 in Annex V for a description of the test assembly.
If within a second series of five tests the highest and lowest percentages of water recovered again depart from the average percentage by more than 5 % and if the lower value does not satisfy the requirements of point 5.1, type-approval shall be refused.
The mean of the individual results shall then be taken to give the average percentage. this average percentage must be 70 or higher.
This test is intended to determine the effectiveness of a porous material intended to retain the water with which it has been sprayed by means of a pressurised air/water pulveriser.
The equipment used for the test must simulate the conditions to which the material would be submitted, with regard to the volume and speed of the water sprays produced by the tyres, if it were fitted to a vehicle.
See figure 9 in Annex v for a description of the test assembly.
pressure (at pulveriser): 5 bar + 10 %/– 0 %
flowrate: 1 litre/minute ± 5 seconds
pulverisation: circular, 50 ± 5 mm in diameter at 200 ± 5 mm from the sample, nozzle 5 ± 0,1 mm in diameter.
The requirement of point 5.1 remains in force in order to give the results of each test.
The following information, if applicable, must be supplied in triplicate and include a list of contents. Any drawings must be supplied in appropriate scale and in sufficient detail on size A4 or on a folder of A4 format. Photographs, if any, must show sufficient detail.
If the systems, components or separate technical units have electronic controls, information concerning their performance must be supplied.
Date
Signed
For vehicles of category N1 and N2 with a permissible maximum laden mass not exceeding 7,5 tonnes, the requirements of Directive 78/549/EEC (8) may be applied as alternative to the requirements of this Directive at the request of the manufacturer.
Where a vehicle is fitted with one or more lifting axles, the spray-suppression system must cover all the wheels when the axle is lowered and the wheels in contact with the ground when the axle is raised.
Where a vehicle is fitted with a self-tracking axle, the spray-suppression system must satisfy the conditions applicable to non-steered wheels if mounted on the pivoting part. If not mounted on that part it must satisfy the conditions that are applicable to steered wheels.
The distance ‘ c ’ between the longitudinal plane tangential to the outer tyre wall, apart from any tyre bulge near the ground, and the inner edge of the valance must not exceed 100 mm (Figures 1a and 1b of Annex V).]
Textual Amendments
F3 Deleted by Commission Directive 2010/19/EU of 9 March 2010 amending, for the purposes of adaptation to technical progress in the field of spray-suppression systems of certain categories of motor vehicles and their trailers, Council Directive 91/226/EEC, and Directive 2007/46/EC of the European Parliament and of the Council (Text with EEA relevance).
For the checking of compliance with this Directive the vehicle must be in the following state:
it must be unladen and with the wheels in the straight-ahead position;
in the case of semi-trailers, the loading surfaces must be horizontal;
the tyres must be inflated to their normal pressure.
in the case of a single or multiple axle, the forward edge (C) must extend forwards to reach a line O-Z where θ (theta) is no more than 45° above the horizontal.
The rearmost edge (Figure 2 of Annex V) must extend downwards in such a way as not to be more than 100 mm above a horizontal line passing through the centre of the wheel;
in the case of multiple axles the angle θ relates only to the foremost axle and the requirement relating to the height of the rearmost edge applies only to the rearmost axle;
the mudguard must possess a total width ‘ q ’ (Figure 1a of Annex V) at least adequate to cover the width of the tyre ‘ b ’ or the entire width of two tyres ‘ t ’ in the case of twin wheels, account being taken of the extremes for the tyre/wheel unit specified by the manufacturer. Dimensions ‘ b ’ and ‘ t ’ shall be measured at hub height, excluding any markings, ribs, protective bands, etc., on the tyre walls.]
Air suspension:
Mechanical suspension
general case } R v ≤ 1,8 R
non-steered wheels for vehicles with a technically permissible laden mass more than 7,5 t } R v ≤ 1,5 R
where R is the radius of the tyre fitted to the vehicle, and Rv the distance, expressed as a radius, at which the lower edge of the outer valance is situated.
Those vehicles must therefore be designed in such a way as to meet the requirements set out in the first paragraph when they are operated without a semi-trailer.
In order to be able to meet those requirements, mudguards and valances may, for example, comprise a removable part.]
The width of the part of the rain flaps positioned beneath the mudguard must satisfy the condition laid down in this paragraph with a tolerance of 10 mm at each side.]
This distance is increased to 300 mm in the case of the last axle where the radial distance of the lower edge of the outer valancing, Rv, does not exceed the dimensions of the radius of the tyres fitted to the wheels on that axle.
The maximum height of the bottom edge of the rain flap in relation to the ground, may be raised to 300 mm if the manufacturer deems it technically appropriate with regard to the suspension characteristics.]
In the case of multiple axles an outer valance must be located by each wheel.
These flaps must extend to the lower part of the mudguard and comply with items 7.3.1 to 7.3.9.
where | R = is the radius of tyre fitted to the vehicle; Rv = the radial distance from the lowest edge of the outer valance to the centre of the wheel. |
comply with item 7.3 (Figure 3); or
comply with items 7.3.1, 7.3.2, 7.3.5, 7.3.8 and 9.3.2 (Figure 6).
The maximum height of the bottom edge of the rain flap in relation to the ground, may be raised to 300 mm if the manufacturer deems it technically appropriate with regard to the suspension characteristics.]
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The following information, if applicable, must be supplied in triplicate and include a list of contents. Any drawings must be supplied in appropriate scale and in sufficient detail on size A4 or on a folder of A4 format. Photographs, if any, must show sufficient detail.
If the systems, components or separate technical units have electronic controls, information concerning their performance must be supplied.
(in kg and mm) (Refer to drawing where applicable)
Mass of the vehicle with bodywork and, in the case of a towing vehicle of category other than M 1 , with coupling device, if fitted by manufacturer, in running order, or mass of the chassis or chassis with cab, without bodywork and/or coupling device if the manufacturer does not fit the bodywork and/or coupling device (including liquids, tools, spare wheel, if fitted, and driver and, for buses and coaches, a crew member if there is a crew seat in the vehicle) ( h ) (maximum and minimum for each variant):
Date, File
To this end the manufacturer must:
either have available a laboratory which is sufficiently well-equipped for the execution of the essential tests, or
have the production-conformity tests carried out by an approved laboratory.
The results of the production conformity checks are made available for inspection by the competent authorities for at least one year.
At the request of the authorities which have granted component type-approval, manufacturers shall provide them with devices of the type previously type-approved for the purpose of tests or conformity checks.
The average of all measurements taken must be in conformity with the specifications of item 4 of Annex II, Appendices 1 and 2, and no individual measurement must be less than 95 % of the value specified.
An EEC component type-approval holder ceasing production must forthwith inform the competent authorities of that fact.
Figure 4
Diagram showing assembly of a spray-suppression system (mudguard, rain flap, outer valance) incorporating spray-suppression devices (energy absorbers) for multiple axles
Figure 5
Diagram showing assembly of a spray-suppression system incorporating spray-suppression devices (energy absorbers) for axles fitted with non-steered or self-steering wheels
(Annex III — items 6.2 and 8)
Figure 6
Diagram showing assembly of a spray-suppression system incorporating spray-suppression devices fitted with air/water separators for axles fitted with steered, self-steering or non-steered wheels
Figure 7
Diagram showing assembly of a spray-suppression system incorporating spray-suppression devices (mudguard, rain flap, outer valance) for multiple axles where the distance between the tyres does not exceed 300 mm
OJ No C 96, 17. 4. 1990, p. 92 and Decision of 13 March 1991 (not yet published in the Official Journal).
[F1Delete where not applicable.]
[F2For vehicles of category N1 and those of category N2 with a technically permissible maximum laden mass not exceeding 7,5 tons using the derogation of point 0.1 of Annex III to this Directive, the information document set out in Annex II to Directive 78/549/EEC may be used.]
Textual Amendments
F1 Substituted by Commission Directive 2010/19/EU of 9 March 2010 amending, for the purposes of adaptation to technical progress in the field of spray-suppression systems of certain categories of motor vehicles and their trailers, Council Directive 91/226/EEC, and Directive 2007/46/EC of the European Parliament and of the Council (Text with EEA relevance).
F2 Inserted by Commission Directive 2010/19/EU of 9 March 2010 amending, for the purposes of adaptation to technical progress in the field of spray-suppression systems of certain categories of motor vehicles and their trailers, Council Directive 91/226/EEC, and Directive 2007/46/EC of the European Parliament and of the Council (Text with EEA relevance).
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