Order Of 27 November 2002 Amending The Order Of 18 August 1955 The Braking Of Motor Vehicles

Original Language Title: Arrêté du 27 novembre 2002 modifiant l'arrêté du 18 août 1955 relatif au freinage des véhicules automobiles

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Summary Application directive 71/320/EEC of 06-02-1971 on the approximation of the laws of the Member States relating to the braking devices of motor vehicles and their trailers, as amended by directive 98/12/EC of 27-01-1998. Modification of the above-mentioned order in accordance with the provisions of this order.
Keywords equipment, traffic, vehicle, motor vehicle, motor vehicle, brakes, braking, visit technical harmonization European JORF n ° 303 of December 29, 2002 page 21952 text no. 23 Decree of 27 November 2002 amending the order of 18 August 1955 the braking of motor vehicles NOR: EQUS0201654A ELI: https://www.legifrance.gouv.fr/eli/arrete/2002/11/27/EQUS0201654A/jo/texte Minister of equipment transport, housing, tourism and the sea, and the Minister of the overseas, having regard to directive 71/320/EEC of 6 February 1971 on the approximation of the laws of the Member States relating to the braking devices of motor vehicles and their trailers, as last amended by directive 98/12/EC of 27 January 1998;
Having regard to the code of the road, particularly sections R. 315 - 1 to R. 315 - 6 and R. 342 - 3;
Having regard to the order of 18 August 1955 as amended relating to the braking devices of motor vehicles;
Considering the Decree of 13 April 1995 concerning the conditions for the application of the first subparagraph of article R. 47 (recodified R. 433 - 8) of the code of the road;
On the proposal of the Director of safety and road traffic, stop: Article 1 more on this article...

References to the code of the road mentioned in the Decree of August 18, 1955 referred to above are amended as follows: i. - in the last paragraph of article 16, the phrase: «R. 103» is replaced by the expression: "R. 317 - 18.
II. - in the first paragraph of article 24, the words: 'articles 47 to 51 of the Decree on the general regulations on road traffic (road code) police' are replaced by the words: "articles R. 433 - 1, R. 433 - 2, R. 433 - 3, R. 433 - 5 and R. 433 - 8 of the code of the road".
III. - in the last paragraph of article 24, the words: 'article 103 of the Decree on the general regulations on road traffic (road code) police' are replaced by the words: "article R. 317 - 18 of the highway code.
IV. in respect of paragraph 7 of title I, the words: "articles R. 118, R. 118 - 1, R. 119 and the second subparagraph of article R. 119 - 1" are replaced by the words: "articles R. 323 - 23, R. 323 - 25 and R. 323-26.
V. - in the first paragraph of article 40, the words: 'article 138 of the Decree on the general regulations on road traffic (road code) police' are replaced by the words: "article R. 311 - 1 of the code of the road".
VI. - in the fifth paragraph of article 41, the expression: «R. 103» is replaced by the expression: "R. 317 - 18.


Article 2 more on this article...

Article 59 of the Decree of 18 August 1955 referred to above shall be replaced as follows: «the provisions of paragraphs 1 to 5 of title I of this order shall not apply to vehicles which comply with the technical requirements of directive 71/320/EEC as amended.»


Article 3 read more on this article...

Article 60 of the Decree of 18 August 1955 referred to above is supplemented by a new paragraph as follows: "it is forbidden to tow a vehicle towed to electric control line of brake system (EBS), regardless of the date of putting into circulation, in a motor vehicle of categories N2 or N3, which is not equipped with both a separate optical warning signal and an electrical outlet for the anti-lock system of the trailer (ISO. 7638)."article 4 more on this article...

Article 63 of the Decree of 18 August 1955 referred to above is amended as follows: i. - in the first subparagraph, the words: 'the Decree of 20 December 1979 on the EEC type-approval' shall be replaced by the words: 'the directive 71/320/EEC.
II. - subsection 63.1, the words: 'the Decree of 20 December 1979 above' are replaced by the words: 'the abovementioned directive.
III. - in paragraph 63.2, the words: 'the Decree of 20 December 1979' are replaced by the words: 'the abovementioned directive.


Article 5 read more on this article...

Article 64 of Decree of August 18, 1955 referred to above is amended as follows: i. - in the first subparagraph, the words: "order of 20 December 1979 above, as amended by incorporation of the provisions of directive EEC No. 85-647 of 23 December 1985» are replaced by the words: ' directive 71/320/EEC, as as amended by directive 85/647/EEC.
II. - in the second paragraph, the words: 'the Decree of 20 December 1979 above-mentioned' are replaced by the words: 'directive 71/320/EEC referred to above.


Article 6 read more on this article...

Article 65 of the Decree of 18 August 1955 referred to above is amended as follows: i. - in the first subparagraph, the words: "order of 20 December 1979 above, as amended by incorporation of the provisions of directive EEC No. 88-194 of March 24, 1988 ' are replaced by the words: ' directive 71/320/EEC, as as amended by directive 88/194/EEC.
II. - in the third, fourth and fifth paragraphs, the words: 'the Decree of 20 December 1979 above-mentioned' are replaced by the words: 'directive 71/320/EEC referred to above.
III. - in the sixth paragraph, the words: "Decree of 20 December 1979, as amended by incorporation of the provisions of directive EEC No. 88-194 of March 24, 1988 ' are replaced by the words: ' directive 71/320/EEC, as amended by directive 88/194/EEC.


Article 7 read more on this article...

Article 66 following is added after section 65 of the Decree of August 18, 1955, referred to above,: «art.» 66 - (i) vehicles of the international categories M, N and O as defined in annex II to directive 70/156/EEC as amended approved or developed for the first time in circulation from the dates indicated in the (ii) must comply with the technical requirements of directive 71/320/EEC, as amended by directive 98/12/EC of 27 January 1998 , or with the provisions of Amendment No. 9, or a subsequent amendment of Regulation No. 13 or the technical requirements of Regulation No 13: original or a subsequent amendment to the braking annexed to the agreement of 20 March 1958 by the Economic Commission for Europe of the United Nations.
"Where appropriate, these provisions shall apply without prejudice to requirements for sets consisting of a vehicle motor and two trailers with axle load allowed to circulate in accordance with in article R. 433 - 8 of the code of the road and the Decree of 13 April 1995 made in its application.
"(ii) the provisions of (i) apply: ' a) to new types of vehicles with regard to the braking system within the meaning of point 1.1 of annex I to directive 71/320/EEC as amended, international M, N and O categories covered by a national type-approval by type from October 1, 2003;
"(b) to vehicles in categories M and N international motor approved as isolated or developed for the first time in circulation from 1 January 2004. However, motor vehicles of the international categories M2, M3, N 1, N 2, N 3 approved as isolated or developed for the first time in circulation from 1 January 2003 must conform to the technical requirements of directive 71/320/EEC, as amended by directive 91/422/EEC;
"(c) to towed vehicles of the categories international O approved as isolated or developed for the first time in circulation from 1 January 2005. However, trailers of the international categories O type-approved as isolated or developed for the first time in circulation from January 1, 2004 must comply with the technical requirements of directive 71/320/EEC, as amended by directive 91/422/EEC.
"(iii) by way of derogation from the preceding paragraph: ' a) when motor vehicles of category M 1, total laden weight exceeding 2.5 tonnes, and categories M 2 and M 3 are built in several stages and equipped motorhome, ambulances and funeral vans, they can meet the technical requirements of directive 71/320/EEC amended applicable to vehicles of category N the same total weight;
"(b) mobile cranes with more than 4 axles may not respect the technical requirements of directive 71/320/EEC amended provided that the parking brakes braking performance, service and aid such as laid down by directive 71/320/EEC, as amended, are complied with.".
«(iv) during the reception, for the assessment of the conformity of a vehicle from the provisions of this article, the usable parts are: ' a) for the purposes of the national type approval: communication, including the annexes form, relating to the approval community (EC) the braking system or certificate of homologation ECE braking according to the corresponding ECE regulation system» , or test reports of the authorized testing laboratory referred to in article 3 of the Decree of 16 September 1994 on the approval community (EC) of the types of vehicles, systems or equipment;

"(b) for the purposes of receipt on an isolated basis: same rooms as for national type-approval by type, or certification of compliance with the braking of a type approved system established by the manufacturer."
"(v) for receptions as isolated on used vehicles, the technical requirements are those in effect when they are first placed in circulation."


Article 8 more on this article...

According to article 66 of the Decree of 18 August 1955 referred to above, as modified by this order, article 67 next is added: «art.» 67. - the provisions of this order shall apply to Mayotte. ' Article 9 more on this article...

The provisions of this order apply to Mayotte.


Article 10 more on this article...

Road safety and traffic Director and Director of political, administrative and financial affairs of it overseas are responsible, each in relation to the execution of this order, which will be published in the Official Journal of the French Republic.


Done at Paris, on November 27, 2002.
The Minister of equipment, transportation, housing, tourism and the sea, for the Minister and by delegation: the Director of security and road traffic, I. Mane Minister of the overseas, for the Minister and by delegation: Director of political, administrative and financial affairs of overseas has. Boquet