Legal provisions of COM(1997)276 - Special provisions for vehicles used for the carriage of passengers comprising more than eight seats in addition to the driver's seat

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dossier COM(1997)276 - Special provisions for vehicles used for the carriage of passengers comprising more than eight seats in addition to the ...
document COM(1997)276 EN
date November 20, 2001


Contents

Article 1

For the purposes of this Directive:

- 'vehicle' shall mean any motor vehicle of category M2 or M3, as defined in Annex II, Part A, of Directive 70/156/EEC,

- 'bodywork' shall mean a separate technical unit as defined in Article 2 of Directive 70/156/EEC,

- 'class of vehicle' shall mean a vehicle which complies with the class description given in Annex I to this Directive.

Article 2

1. With effect from 13 August 2003 Member States may not refuse EC type-approval or national type approval:

- of a vehicle,

- of a bodywork,

- of a vehicle the bodywork of which has already been type-approved as a separate technical unit,

or refuse or prohibit the sale, registration or entry into service of a vehicle or of a bodywork as a separate technical unit, on grounds relating to the provisions for vehicles used for the carriage of passengers and comprising more than eight seats in addition to the driver's seat, if the requirements of this Directive and the Annexes thereto are satisfied.

2. Paragraph 1 shall also apply to low-floor vehicles of Class I or II, type-approved before 13 August 2002 pursuant to Directive 76/756/EEC, benefiting from the 12,5 % gangway slope specified in paragraph 7.7.6.2 of Annex 1.

3. Subject to the provisions of paragraph 4 below, with effect from 13 February 2004, Member States:

- shall no longer grant EC type-approval for a type of vehicle and a type of bodywork as a separate technical unit,

- may refuse the registration, sale or entry into service of new vehicles and new bodyworks as separate technical units,

on grounds relating to the provisions for vehicles used for the carriage of passengers and comprising more than eight seats in addition to the driver's seat, if the requirements of this Directive and the Annexes thereto are not complied with.

4. With effect from 13 February 2005, Member States may refuse the registration, sale or entry into service of new vehicles and new bodyworks as separate technical units which have been type-approved according to the provisions of paragraph 2.

Article 3

1. Vehicles of Class I shall be accessible for people with reduced mobility including wheelchair users according to the technical provisions laid down in Annex VII.

2. Member States shall be free to choose the most appropriate solution to achieve improved accessibility in vehicles other than those of Class I. However, if vehicles other than those of Class I are equipped with devices for people with reduced mobility and/or wheelchair users, they shall comply with the relevant requirements of Annex VII.

Article 4

Directive 70/156/EC shall be amended as follows:

1. in Annex I:

(a) the following items shall be added to item 0.2:

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(b) the following items shall be added to item 0.3:

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(c) the following items shall be added to item 0.3.1:

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(d) the following item shall be added to item 2.4.2:

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(e) the following item shall be inserted:

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(f) item 13 shall be replaced by the following:

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2. the following item shall be inserted in Part I of Annex III:

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3. in Annex IV:

(a) in Part I, item 52 shall be replaced by the following:

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(b) in Part II, the following shall be inserted as item 52:

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Article 5

Annex I to Directive 97/27/EC shall be amended as follows:

1. paragraphs 2.1.2.1 to 2.1.2.2.1.4 shall be deleted;

2. the following paragraph shall be inserted: "2.1.2.1. Bus or coach means a vehicle defined in paragraph 1 of Annex I to Directive .../.../EC.

2.1.2.2. Class of bus or coach means a vehicle of a Class defined in paragraphs 2.1.1 and 2.1.2 of Annex I to Directive .../.../EC.

2.1.2.3. Articulated bus or coach means a vehicle defined in paragraph 2.1.3 of Annex I to Directive .../.../EC.

2.1.2.4. Double-deck bus or coach means a vehicle defined in paragraph 2.1.6 of Annex I to Directive .../.../EC."

Article 6

The measures necessary for the adaptation to technical progress of this Directive shall be adopted in accordance with the procedure set out in Article 7(2).

Article 7

1. The Commission shall be assisted by the Committee for Adaptation to Technical Progress set up by Article 13 of Directive 70/156/EEC (hereinafter referred to as 'the Committee').

2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.

3. The Committee shall adopt its rules of procedure.

Article 8

1. Member States shall adopt and publish the laws, regulations and administrative provisions necessary to comply with this Directive before 13 August 2003. They shall forthwith inform the Commission thereof.

When Member States adopt these provisions, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.

2. 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 9

This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.

Article 10

This Directive is addressed to the Member States.