Key Benefits:
Minister of Equipment, Transport, Housing, Tourism and the Sea and Minister of Overseas,
Having regard to Directive 71/320/EEC of 6 February 1971 concerning the approximation of the legislation of the member States relating to the braking of motor vehicles and their trailers, as last amended by Directive 98/12/EC of 27 January 1998;
Considering the road code, including articles R. 315-1 to R. 315-6 and R. 342-3;
Considering the amended decision of 18 August 1955 concerning the braking of motor vehicles;
Having regard to the decision of 13 April 1995 on the conditions for the application of the first paragraph of Article R. 47 (recodified R. 433-8) of the road code;
On the proposal of the Director of Road Safety and Traffic,
Stop:
References to the road code mentioned in the above-mentioned 18 August 1955 order are amended as follows:
I. - In the last paragraph of Article 16, the expression "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 General Regulation on Road Traffic Police (Road Code)" are replaced by the words: "Articles R. 433-1, R. 433-2, R. 433-3, R. 433-5 and R. 433-8 of the Road Code".
III. - In the last paragraph of Article 24, the words: "Article 103 of the Decree on General Regulation on Road Traffic Police (Road Code)" are replaced by the words: "Article R. 317-18 of the Road Code".
IV. - Under paragraph 7 of title I, the words "articles R. 118, R. 118-1, R. 119 and the second paragraph 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 General Regulation on Road Traffic Police (Road Code)" are replaced by the words: "Article R. 311-1 of the Road Code".
VI. - In the fifth paragraph of section 41, the term "R. 103" is replaced by the term "R. 317-18".
Section 59 of the above-mentioned Order of 18 August 1955 is replaced as follows:
"The provisions of paragraphs 1 to 5 of Title I to this Order do not apply to vehicles conforming to the technical requirements of amended Directive 71/320/EEC. »
Article 60 of the above-mentioned Order of 18 August 1955 is supplemented by a new paragraph, which reads as follows:
"It is prohibited to attach a towed vehicle to the electric braking control line (EBS system), regardless of the date it is put into operation, to a motor vehicle of categories N 2 or N 3, which is not equipped both with a separate optical teller and a special electric socket for the trailer anti-lock system (ISO 7638). »
Section 63 of the above-mentioned Order of 18 August 1955 is amended to read:
I. - In the first paragraph, the words: "The decision of 20 December 1979 on the EWC reception" are replaced by the words: "Guideline 71/320/EEC".
II. - In paragraph 63.1, the words "the above-mentioned decision of 20 December 1979" are replaced by the words "the above-mentioned directive".
III. - In paragraph 63.2, the words "the order of 20 December 1979" are replaced by the words "the above-mentioned directive".
Section 64 of the above-mentioned Order of 18 August 1955 is amended to read:
I. - In the first paragraph, the words: "The decision of 20 December 1979 referred to above, as amended by incorporating the provisions of Directive EEC No. 85-647 of 23 December 1985" are replaced by the words: "Guideline 71/320/EEC, as amended by Directive 85/647/EEC".
II. - In the second paragraph, the words: "the above-mentioned decision of 20 December 1979" are replaced by the words: "the above-mentioned directive 71/320/EEC".
Section 65 of the above-mentioned Order of 18 August 1955 is amended to read:
I. - In the first paragraph, the words: "The decision of 20 December 1979 referred to above, as amended by incorporating the provisions of Directive EEC No. 88-194 of 24 March 1988" are replaced by the words: "Guideline 71/320/EEC, as amended by Directive 88/194/EEC".
II. - In the third, fourth and fifth preambular paragraphs, the words "the above-mentioned decision of 20 December 1979" are replaced by the words "the above-mentioned directive 71/320/EEC".
III. - In the sixth paragraph, the words: "The Order of 20 December 1979, as amended by incorporating the provisions of Directive EEC No. 88-194 of 24 March 1988" are replaced by the words: "Guideline 71/320/EEC, as amended by Directive 88/194/EEC".
After section 65 of the above-mentioned order of 18 August 1955, the following section is added:
"Art. 66. - (i) Vehicles of international categories M, N and O within the meaning of Annex II to Directive 70/156/EEC, as amended, received or put for the first time in circulation from the dates indicated in (ii) shall conform to the technical requirements of Directive 71/320/EEC, as amended by Directive 98/12/EC of 27 January 1998, or to the technical requirements of Amendment No. 9, or to a subsequent amendment of UN Regulation No. 13 or
"If applicable, these provisions shall apply without prejudice to the requirements applicable to assemblies consisting of a motor vehicle and two central axle trailers authorized to operate in accordance with section R. 433-8 of the Highway Code and to the 13 April 1995 stop under its application.
"(ii) The provisions of (i) apply:
“(a) To the new types of vehicles with respect to the braking system, as defined in item 1.1 of Annex I to Amended Directive 71/320/EEC, of the international categories M, N and O that are subject to national reception by type from 1 October 2003;
“(b) To motor vehicles of the international M and N categories received in isolation or for the first time in operation from 1 January 2004. However, motor vehicles of international categories M 2, M 3, N 1, N 2, N 3 received in isolation or first in operation from 1 January 2003 shall comply with the technical requirements of Directive 71/320/EEC as amended by Directive 91/422/EEC;
"(c) To the towed vehicles of the international O categories received in an isolated capacity or put in circulation for the first time from 1 January 2005. However, towed vehicles of the international O categories received in isolation or for the first time in circulation as from 1 January 2004 must comply with the technical requirements of Directive 71/320/EEC, as amended by Directive 91/422/EEC.
"(iii) By derogation from the previous paragraph:
“(a) When motor vehicles of category M 1, with a total load of more than 2.5 tonnes, and categories M 2 and M 3 are built in several stages and fitted with caravans, ambulances or funerary vans, they can only meet the technical requirements of modified directive 71/320/EEC applicable to vehicles of category N of the same total load;
“(b) Mobile cranes with more than 4 axles may not comply with the technical requirements of amended Directive 71/320/EEC provided that braking performance for parking, service and rescue brakes, as set out in amended Directive 71/320/EEC, is met.
“(iv) When receiving, for assessing the conformity of a vehicle to the provisions of this article, the usable parts are:
“(a) For the purpose of the national reception by type: communication form, including the annexes, relating to the community reception (EC) of the braking system or ECE certification of the braking system according to the corresponding UN/ECE Regulation, or test reports of the approved test laboratory referred to in Article 3 of the 16 September 1994 decision on the community reception (EC) of the types of vehicles, systems or equipment;
“(b) For the purpose of the insulated reception: the same parts as for the national reception by type, or a certificate of conformity of the braking system to that of a receiving type established by the manufacturer.
“(v) For insulated receptions for used vehicles, the applicable technical requirements are those in effect at their first release. »
After section 66 of the above-mentioned Order of 18 August 1955, as amended by this Order, is added the following section 67:
"Art. 67. The provisions of this Order shall apply to Mayotte. »
The provisions of this Order shall apply to Mayotte.
The Director of Road Safety and Traffic and the Director of Political, Administrative and Financial Affairs of the Overseas are responsible, each with respect to it, for the execution of this Order, to be published in the Official Journal of the French Republic.
Done in Paris, November 27, 2002.
Minister of Equipment, Transportation,
housing, tourism and the sea,
For the Minister and by delegation:
Director of Security
and road traffic,
I. Massin
The overseas minister,
For the Minister and by delegation:
The Director of Political Affairs,
administrative and financial services of the overseas,
A. Boquet
