Directive 2009/78/EC of the European Parliament and of the Council of 13 July 2009 on stands for two-wheel motor vehicles (Text with EEA relevance)

• Published date: 03 September 2009
• Subject Matter: Internal market - Principles,Transport,Technical barriers,Approximation of laws
• Official Gazette Publication: Official Journal of the European Union, L 231, 03 September 2009

3.9.2009 EN Official Journal of the European Union L 231/8

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DIRECTIVE 2009/78/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 13 July 2009

on stands for two-wheel motor vehicles

(codified version)

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and Social Committee (1),

Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),

Whereas:

(1) Council Directive 93/31/EEC of 14 June 1993 on stands for two-wheel motor vehicles (3) has been substantially amended (4). In the interests of clarity and rationality the said Directive should be codified.

(2) Directive 93/31/EEC is one of the separate Directives of the EC type-approval system provided for in Council Directive 92/61/EEC of 30 June 1992 relating to the type-approval of two or three-wheel motor vehicles as replaced by Directive 2002/24/EC of the European Parliament and of the Council of 18 March 2002 relating to the type-approval of two or three-wheel motor vehicles (5) and lays down technical prescriptions concerning the design and construction of two-wheel motor vehicles as regards their stands. These technical prescriptions concern the approximation of the laws of the Member States to allow for the EC type-approval procedure provided for in Directive 2002/24/EC to be applied in respect of each type of vehicle. Consequently the provisions laid down in Directive 2002/24/EC relating to vehicle systems, components and separate technical units apply to this Directive.

(3) Since the objective of this Directive, namely the granting of EC component type-approval in respect of the stand for a type of two-wheel motor vehicle, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of the action, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.

(4) This Directive should be without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives set out in Annex II, Part B,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

This Directive shall apply to stands for all types of two-wheel motor vehicles as referred to in Article 1 of Directive 2002/24/EC.

Article 2

The procedure for the granting of EC component type-approval in respect of the stand for a type of two-wheel motor vehicle and the conditions governing the free movement of such vehicles shall be as laid down in Chapters II and III of Directive 2002/24/EC.

Article 3

The amendments necessary to adapt to technical progress the requirements of Annex I shall be adopted in accordance with the procedure referred to in Article 18(2) of Directive 2002/24/EC.

Article 4

1. Member States may not, on grounds relating to stands:

— refuse to grant EC type-approval for a type of two-wheel motor vehicle, or,

— prohibit the registration, sale or entry into service of two-wheel motor vehicles,

if the stands of those vehicles comply with the requirements of this Directive.

2. Member States shall refuse to grant EC type-approval for any new type of two-wheel motor vehicle on grounds relating to stands if the requirements of this Directive are not fulfilled.

3. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 5

Directive 93/31/EEC, as amended by the Directive listed in Annex II, Part A, is repealed, without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives set out in Annex II, Part B.

References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex III.

Article 6

This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

It shall apply from 1 January 2010.

Article 7

This Directive is addressed to the Member States.

Done at Brussels, 13 July 2009.

For the European Parliament

The President

H.-G. PÖTTERING

For the Council

The President

E. ERLANDSSON

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(1) OJ C 234, 30.9.2003, p. 20.

(2) Opinion of the European Parliament of 25 September 2007 (OJ C 219 E, 28.8.2008, p. 66) and Council Decision of 7 July 2009.

(3) OJ L 188, 29.7.1993, p. 19.

(4) See Annex II, Part A.

(5) OJ L 124, 9.5.2002, p. 1.

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ANNEX I

1. DEFINITIONS

For the purposes of this Directive:

1.1. ‘stand’ means a device that is firmly attached to the vehicle and is able to maintain the vehicle in its vertical (or almost vertical) parking position when left unattended by its driver;

1.2. ‘prop stand’ means a stand which, when extended or swung into the open position, supports the vehicle on one side only, while leaving both wheels in contact with the supporting surface;

1.3. ‘centre stand’ means a stand which, when swung into the open position, supports the vehicle by providing one or several areas of contact between the vehicle and the supporting surface either side of the median longitudinal plane of the vehicle;

1.4. ‘transverse tilt (tt)’ means the gradient, expressed as a percentage, of the actual supporting surface, the intersection of the median longitudinal plane of the vehicle and the supporting surface being perpendicular to the line of maximum gradient (figure 1);

1.5. ‘longitudinal tilt (lt)’ means the gradient, expressed as a percentage, of the actual supporting surface, the median longitudinal plane of the vehicle being parallel to the line of maximum gradient (figure 2);

1.6. ‘median longitudinal plane of the vehicle’ means the longitudinal plane of symmetry of the rear wheel of the vehicle.

2. GENERAL REQUIREMENTS

2.1. All two-wheel vehicles shall be fitted with at least one stand in order to keep them steady when stationary (e.g. when parked) but not held in a static position by a person or external means. Twin-wheel vehicles need not be fitted with stands but must meet the requirements set out in point 6.2.2 when in a parking position (parking brake applied).

2.2. The stand must be of either a prop or a centre type, or both.

2.3. Where the stand swivels about the lower part of or below the vehicle the outer edge(s) of that stand must swing to the rear of the vehicle in order to attain the closed or travelling position.

3. SPECIFIC REQUIREMENTS

3.1. Prop stands

3.1.1. Prop stands must: 3.1.1.1. be able to support the vehicle in such a way as to provide lateral stability whether the vehicle is on a horizontal supporting surface or on a slope in order to prevent its leaning further too easily (and in so doing rotating about the point of support provided by the prop stand) or moving too easily into a vertical position and beyond (and in so doing does not swing over to the side opposite the prop stand); 3.1.1.2. be able to support the vehicle in such a way as to maintain stability when the vehicle is parked on a slope in accordance with point 6.2.2; 3.1.1.3. be able to swing back automatically into the retracted or travelling position: 3.1.1.3.1. when the vehicle returns to its normal (vertical) driving position; or 3.1.1.3.2. when the vehicle moves forward as a result of deliberate action by the driver; 3.1.1.4. notwithstanding the requirements set out in point 3.1.1.3, be designed and constructed in such a way that they do not close automatically if the angle of lean is altered unexpectedly (for example, if the vehicle is pushed lightly by a third party or by a gust of wind arising from the passage of a vehicle): 3.1.1.4.1. once in the extended or parking position; 3.1.1.4.2. the vehicle being leaned in order to bring the outer extremity of the prop stand into contact with the ground; and 3.1.1.4.3. the vehicle being

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