Directive 2005/39/EC of the European Parliament and of the CouncilShow full title

Article 1 U.K. Amendments to Directive 74/408/EEC

Directive 74/408/EEC is hereby amended as follows:

1.

Article 1 shall be amended as follows:

(a)

the following subparagraph shall be added to paragraph 1:

‘Vehicles of category M₂ and M₃ shall be subdivided into classes as defined in section 2 of Annex I to Directive 2001/85/EC of the European Parliament and of the Council of 20 November 2001 relating to special provisions for vehicles used for the carriage of passengers comprising more than eight seats in addition to the driver's seat(1).’

(b)

paragraph 2 shall be replaced by the following:

‘2. This Directive shall not apply to rearward-facing seats.’

2.

The following Article shall be inserted:

‘Article 3a

1. The installation of side-facing seats shall be prohibited in vehicles of categories M₁, N₁, M₂ (of class III or B) and M₃ (of class III or B).

2. Paragraph 1 shall not apply to ambulances or to vehicles listed in the first indent of Article 8(1) of Directive 70/156/EEC.

3. Paragraph 1 shall further not apply to vehicles of category M₃ (of class III or B) of a technically permissible maximum laden mass exceeding 10 tonnes in which side-facing seats are grouped together at the rear of the vehicle to form an integrated saloon of up to 10 seats. Such side-facing seats shall be fitted with, at least, a head restraint and a two-point belt with retractor type-approved in accordance with Council Directive 77/541/EEC(2). The anchorages for their safety belts shall comply with Council Directive 76/115/EEC(3).

This exemption shall have effect for five years from 20 October 2005. It may be extended if reliable accident statistics are available and there has been further development of restraint systems.’

3.

Annex II shall be amended as follows:

(a)

Point 1.1 shall be replaced by the following:

‘1.1. The requirements of this Annex do not apply to rearward-facing seats or to any head restraint fitted to such seats.’

(b)

Point 2.3 shall be replaced by the following:

‘2.3.

‘“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 or part of a bench seat intended to seat one person.

Depending on its orientation, a seat is defined as follows:

2.3.1.

“Forward-facing seat” means a seat which can be used whilst the vehicle is in motion and which faces towards the front of the vehicle in such a manner that the vertical plane of symmetry of the seat forms an angle of less than + 10^o or - 10^o with the vertical plane of symmetry of the vehicle;

2.3.2.

“Rearward-facing seat” means a seat which can be used whilst the vehicle is in motion and which faces towards the rear of the vehicle in such a manner that the vertical plane of symmetry of the seat forms an angle of less than + 10^o or - 10^o with the vertical plane of symmetry of the vehicle;

2.3.3.

“Side-facing seat” means a seat which, with regard to its alignment with the vertical plane of symmetry of the vehicle, does not meet either of the definitions given in 2.3.1 or 2.3.2 above;’

(c)

Point 2.9 shall be deleted;

4.

In Annex III, point 2.5 shall be replaced by the following:

‘2.5.

‘“Seat” means a structure likely to be anchored to the vehicle structure, including its trim and attachment fittings, intended to be used in a vehicle and to seat one or more adult persons.

Depending on its orientation, a seat is defined as follows:

2.5.1.

“Forward-facing seat” means a seat which can be used whilst the vehicle is in motion and which faces towards the front of the vehicle in such a manner that the vertical plane of symmetry of the seat forms an angle of less than + 10^o or - 10^o with the vertical plane of symmetry of the vehicle;

2.5.2.

“Rearward-facing seat” means a seat which can be used whilst the vehicle is in motion and which faces towards the rear of the vehicle in such a manner that the vertical plane of symmetry of the seat forms an angle of less than + 10^o or - 10^o with the vertical plane of symmetry of the vehicle;

2.5.3.

“Side-facing seat” means a seat which, with regard to its alignment with the vertical plane of symmetry of the vehicle, does not meet either of the definitions given in 2.5.1 or 2.5.2 above;’

5.

Annex IV shall be amended as follows:

(a)

Point 1.1 shall be replaced by the following:

‘1.1. The requirements set out in this Annex apply to vehicles of categories N₁, N₂ and N₃ and to those of categories M₂ and M₃ not covered by the scope of Annex III. With the exception of the provisions of point 2.5, the requirements also apply to side-facing seats of all categories of vehicles.’

(b)

Point 2.4 shall be replaced by the following:

‘2.4. All seats which can be tipped forward or have fold-on backs must lock automatically in the normal position. This requirement does not apply to seats fitted in the wheelchair spaces of vehicles of category M₂ or M₃ of class I, II or A.’

(1)

OJ L 42, 13.2.2002, p. 1.’

(2)

OJ L 220, 29.8.1977, p. 95. Directive as last amended by the 2003 Act of Accession.

(3)

OJ L 24, 30.1.1976, p. 6. Directive as last amended by Commission Directive 96/38/EC (OJ L 187, 26.7.1996, p. 95).’