For the purposes of this Directive, ‘vehicle’ means any vehicle as defined in Article 2 of Directive 70/156/EEC.
Council Directive 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 (71/320/EEC)
Council Directive 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 (71/320/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof;
Having regard to the proposal from the Commission;
Having regard to the Opinion of the European Parliament(1);
Having regard to the Opinion of the Economic and Social Committee(2);
Whereas the technical requirements which motor vehicles must satisfy pursuant to national laws relate, inter alia, to the braking devices of certain categories of motor vehicles and of their trailers;
Whereas those 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 instead of their existing rules, in order, in particular, to allow the EEC type approval procedure which was the subject of the Council Directive 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 to be applied in respect of each type of vehicle(3);
Whereas the harmonised requirements must ensure road safety throughout the whole Community;
HAS ADOPTED THIS DIRECTIVE:
Article 1
1.
Vehicle categories are defined in Annex IIA to Directive 70/156/EEC.
2.
Articulated category M vehicles made up of two non-separable but articulated units shall be considered to be single vehicles.
3.
In the case of category N vehicles, the equipment and fittings of certain special vehicles not intended for the carriage of passengers (such as crane vehicles, workshop vehicles, publicity vehicles) shall be considered to be goods.
Article 2
No Member State may refuse to grant EEC type-approval or national type-approval of a vehicle on grounds relating to its braking device if that vehicle is fitted with the devices specified in the relevant Annexes and if these devices satisfy the requirements set out therein.
Article 2a
No Member State may refuse or prohibit the sale, registration, entry into service or use of a vehicle on grounds relating to its braking devices if that vehicle is equipped with the braking devices specified in the relevant Annexes and if such braking devices satisfy the requirements set out therein.
Article 3
The Member State which has granted type approval shall take the necessary measures to ensure that it is informed of any modification to a component or characteristic mentioned in item 1.1 of Annex I. The competent authorities of that State shall decide whether the modified prototype should be submitted to fresh tests and whether a fresh report should be drawn up thereon. If such tests reveal failure to comply with the requirements of this Directive, the modification shall not be authorised.