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Council Directive of 28 June 1977 on the approximation of the laws of the Member States relating to safety belts and restraint systems of motor vehicles (77/541/EEC)

Council Directive of 28 June 1977 on the approximation of the laws of the Member States relating to safety belts and restraint systems of motor vehicles (77/541/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),

  1. Whereas the technical requirements which motor vehicles must satisfy pursuant to national laws relate inter alia to seat belts and restraint systems;

  2. 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 regulations, in order in particular to allow 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(3) to be applied in respect of each type of vehicle;

  3. Whereas common requirements for the interior parts of the passenger compartment, the layout of controls, the roof, the backrest and rear part of the seats have been laid down by Directive 74/60/EEC(4); whereas requirements for the internal fittings relating to the protection of the driver against injury by the steering mechanism in the event of an impact have been laid down by Directive 74/297/EEC(5); whereas requirements relating to the strength of the seats and their anchorages have been laid down by Directive 74/408/EEC(6); whereas requirements relating to anchorages for safety belts have been laid down by Directive 76/115/EEC(7); whereas other requirements relating to internal fittings, and in particular those relating to head restraints and the identification of the controls, will be laid down at a later date;

  4. Whereas rules for seat belts and restraint systems include not only design requirements but also their fitting in motor vehicles;

  5. Whereas a harmonized component type-approval procedure for safety belts and restraint systems makes it possible for each Member State to check compliance with the common design and testing requirements and to inform the other Member States of its findings by sending a copy of the component type-approval certificate completed for each type of safety belt or restraint system; whereas the placing of an EEC component type-approval mark on all safety belts and restraint systems manufactured in conformity with the approved type obviates any need for technical checks on these safety belts and restraint systems in the other Member States;

  6. Whereas the main purpose of the harmonized requirements is to promote road safety; whereas it should therefore be made compulsory to fit safety belts and restraint systems to vehicles covered by this Directive;

  7. Whereas the approximation of national laws relating to motor vehicles entails mutual recognition by the Member States of checks carried out by each of them on the basis of the common requirements,

HAS ADOPTED THIS DIRECTIVE:

Article 1

1.

Each Member State shall grant EEC component type-approval for any type of three-point or lap safety belt and any type of restraint system which satisfies the design and test requirements laid down in 2 of Annex I and in Annexes IV to XIV.

2.

The Member State which has granted EEC component type-approval shall take the measures required to ensure that production models conform to the approved type, if need be in cooperation with the competent authorities in the other Member States.

3.

For the purpose of implementing paragraph 2, it shall be sufficient for a Member State to ensure that as a minimum the quality-control procedures laid down in 2.8.1 of Annex I are applied.

If, however, the checks are made by the Member State itself, or by laboratories authorized by it, the methods used shall be such as to give results at least as reliable as those that would be given by the procedures provided for in paragraph 1. The procedure laid down in 2.8.2 of Annex I is, in particular, an appropriate method.

Article 2

Member States shall, for each type of safety belt or restraint system which they approve pursuant to Article 1, issue to the manufacturer, or to his authorized representative, an EEC component type-approval mark conforming to one of the models shown in Annex III.

Member States shall take all appropriate measures to prevent the use of marks liable to create confusion between safety belts or restraint systems which have been type-approved pursuant to Article 1 and other devices.

Article 2a

1.

Member States may, under national law, allow the installation of safety belts or restraint systems other than those covered by this Directive provided they are intended for disabled people.

2.

Member States may also exempt restraint systems designed to comply with the provisions of Annex VII 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(8) from the provisions of this Directive.

3.

The requirements of Annex I, point 3.2.1 of this Directive shall not apply to seat belts and restraint systems covered by paragraphs 1 and 2.

Article 3

1.

No Member State may prohibit the placing on the market of safety belts and restraint systems on grounds relating to their design or method of functioning if they bear the EEC component type-approval mark.

2.

Nevertheless, a Member State may prohibit the placing on the market of safety belts and restraint systems bearing the EEC component type-approval mark which consistently fail to conform to the approved type.

That State shall inform the other Member States and the Commission forthwith of the measures taken, specifying the reasons for its decision.

Article 4

Article 5

Article 6

Article 7

Article 8

Article 9

Article 10

Article 11

Article 12

LIST OF ANNEXES

ANNEX ISCOPE, DEFINITIONS, EC COMPONENT TYPE-APPROVAL, INSTALLATION REQUIREMENTS

ANNEX IITYPE-APPROVAL DOCUMENTATION

Appendix 1

Appendix 2

Appendix 3MODEL[maximum format: A4 (210 × 297 mm)]

Addendum

Appendix 4MODEL(maximum format: A4 (210 × 297 mm))

Addendum

ANNEX IIIEC COMPONENT TYPE-APPROVAL MARK

ANNEX IVEXAMPLE OF AN APPARATUS TO TEST DURABILITY OF RETRACTOR MECHANISM

ANNEX VEXAMPLE OF AN APPARATUS TO TEST LOCKING OF EMERGENCY LOCKING RETRACTORS

ANNEX VIEXAMPLE OF AN APPARATUS TO TEST THE DUST RESISTANCE OF RETRACTORS

ANNEX VIIDESCRIPTION OF TROLLEY, SEAT, ANCHORAGES AND STOPPING DEVICE

ANNEX VIIIDESCRIPTION OF MANIKIN

ANNEX IXDESCRIPTION OF THE CURVE OF TROLLEY DECELERATION ACCORDING TO TIME(Curve for testing stopping devices)

ANNEX XINSTRUCTIONS FOR USE

Appendix 1

ANNEX XIDUAL BUCKLE TEST(outlined in 2.7.6.5 of Annex I)

ANNEX XIIABRASION AND MICROSLIP TESTS

ANNEX XIIICORROSION TEST

ANNEX XIVCHRONOLOGICAL ORDER OF TESTS

ANNEX XVMINIMUM REQUIREMENTS FOR SAFETY BELTS AND RETRACTORS

ANNEX XVICONTROL OF CONFORMITY OF PRODUCTION

ANNEX XVIIREQUIREMENTS FOR CHILD RESTRAINT SYSTEMS

ANNEX XVIIIINSTALLATION REQUIREMENTS FOR CHILD RESTRAINT SYSTEMS

Appendix 1

Appendix 2