Key Benefits:
Minister of State, Minister of Ecology, Energy, Sustainable Development and Land Management,
Having regard to Directive 70/156/EEC of the European Parliament and of the Council of 6 February 1970 concerning the approximation of the legislation of the Member States concerning the receipt of motor vehicles and their trailers, as last amended by Directive 2007/37/EC of 21 June 2007;
Having regard to Council Directive 96/96/EC of 20 December 1996 on the approximation of the legislation of member States on the technical control of motor vehicles and their trailers, as last amended by Directive 2003/27/EC of 3 April 2003;
Having regard to Directive 2003/97/EC of the European Parliament and of the Council of 10 November 2003 on the approximation of the legislation of the Member States relating to the receipt or approval of devices for indirect vision and vehicles equipped with these devices, as last amended by Directive 2005/27/EC of 29 March 2005;
Having regard to Directive 2007/38/EC of the European Parliament and of the Council of 11 July 2007 on the a posteriori installation of rear-view mirrors on heavy weights registered in the Community;
Vu le road codeincluding articles R. 316-1 and R. 323-2;
Considering the 27 July 2004 decision on technical control of heavy vehicles;
On the proposal of the Director of Road Safety and Traffic,
Stop it!
For the purpose of this Order, an external rear-view mirror defined by the above-mentioned Directive 2003/97/EC is a Class IV mirror and an external rear-view mirror defined by the above-mentioned Directive 2003/97/EC is a Class V mirror.
Fields of vision at the ground level are defined by the surfaces referred to in paragraphs 5.4.2. and 5.5. of Annex III to the above-mentioned Directive 2003/97/EC, respectively for Class IV and Class V mirrors.
This Order applies to vehicles of categories N2 and N3, as defined in Schedule II of the above-mentioned Directive 70/156/EEC, registered between 1 January 2000 and 27 July 2008, with the exception of:
- vehicles that have been received under the above-mentioned Directive 2003/97/EC;
- vehicles of category N2 with a total permissible load weight of less than or equal to 7.5 tons and for which it is impossible to mount a Class V mirror completely visible from the driving station in such a way that no part of this rear-view mirror is less than 2,10 metres from the ground, the vehicle being in full load.
Vehicles subject to the provisions of this Order shall be equipped, on the passenger side, with Class IV and Class V mirrors conforming to the requirements set out in the above-mentioned Directive 2003/97/EC.
The provisions of Article 3 of this Order shall be deemed to be satisfied by vehicles equipped, passenger side, with Class IV and Class V mirrors whose combination of the field of vision covers at least 95% of the field of vision at the level of the Class IV mirror and at least 85% of the field of vision at the level of the Class V mirror.
If it is established, for some vehicles, that the application of the provisions of sections 3 or 4 of this order leads to solutions that are not economically viable, the corresponding vehicles are exempt from the application of these articles 3 or 4, provided that they are equipped with additional mirrors and/or other devices of indirect vision, the combination of which allows 95% of the field of vision at the level of the ground of Class IV mirror.
For vehicles requiring compliance under Articles 3, 4 or 5 of this Order, the technical solutions selected shall be determined by the manufacturer or its accredited representative.
A technical solution may be applicable either to a range of vehicles or to an individual vehicle.
Any technical solution, by vehicle range or for an individual vehicle, to comply with articles 3, 4 or 5 of this Order shall be justified by plans, calculations, tests or other suitable means.
The installation on the vehicle of the equipment corresponding to the technical solution selected for compliance with articles 3, 4 or 5 is carried out by the manufacturer or its authorized representatives.
The installer shall issue a certificate to the owner of the vehicle, i.e. compliance if no modifications are required, or compliance.
The compliance certificate templates are listed in Appendices 1 and 2 to this Order.
These certificate models can be adapted to attest to the original conformity if no modifications are necessary.
The certificate referred to in Article 6 of this Order shall be submitted at the first periodic technical inspection of the vehicle following the date of application of this Article.
The relevant periodic technical review report, if it does not provide an observation under the heading "external mirror", is then proof of compliance with the provisions of this Order.
In the light of a communication to the Commission of a list of technical solutions selected for compliance with the provisions of sections 3, 4 and 5 of this Order, each manufacturer or accredited representative shall address to the Minister, for each range of vehicles, an attestation provided for the party that corresponds to the range of vehicles.
Any vehicle referred to in this Order, registered in another Member State, subject to the special conditions set out in paragraph 2 (c) of Article 2 of Directive 2007/38/EC and subject to a national registration application shall be subject to the provisions of Articles 3, 4 or 5 of this Order.
The provisions of this Order, with the exception of Articles 7 and 9, shall be applied by 31 March 2009.
The provisions of Articles 7 and 9 shall apply effective 1 April 2009.
The Director of Road Traffic Safety is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
A N N E X E 1
MODEL FOR CONFORMITY-BUILDING
VEHICLES
Compliance with Directive 2007/38/EC of 11 July 2007 concerning the a posteriori installation of rear-view mirrors on heavy duty
A. ― Modalities of conformity of vehicles of the range
We, undersigned (name, first name, address),
manufacturer/accredited representative of the manufacturer, certifying that compliance with Directive 2007/38/EC with the following vehicle range:
D.1: mark: (to be systematically provided);
D.2: type-variant-version or mine type or manufacturer range: (to be systematically informed)
D.3: trade name: (to be informed if it exists);
J: International category: (to be systematically provided)
must be carried out according to the following process:
Editorial Possibility 1: Compliance with Article 3-1 of Directive 2007/38/EC:
Equipment, passenger side, large-angle mirrors (class IV) and accosting (class V) conforming to the requirements set out in Directive 2003/97/EC (explicative on mounting, entity references...).
Editorial possibility 2: compliance with Article 3-2 of Directive 2007/38/EC (explicative on technical solution: change of Class IV and/or V mirror(s), and references to plans, calculations, tests...).
Editorial possibility 3: compliance with Article 3-3 of Directive 2007/38/EC (explicative on the technical solution: installation of an additional device, references to plans, calculations, tests...).
Date and signature: manufacturer/accredited representative.
B. ― Vehicle Compliance Commitment
We, undersigned (name, first name, address),
manufacturer/authorized representative of the manufacturer, certifying that the following vehicle:
B: date of the first registration: (to be systematically provided);
E: identification number or order number in the type series: (to be systematically provided)
is of the range described in A above and has been made in accordance with the process indicated for this range.
Date and signature: manufacturer/representative authorized.
A N N E X E 2
ATESTATION MODEL
IN INDIVIDUAL CONFORMITY
Compliance with Directive 2007/38/EC of 11 July 2007 concerning the a posteriori installation of rear-view mirrors on heavy duty
We, undersigned (name, first name, address),
manufacturer/representative manufacturer ' s approval, certifying that the vehicle below:
D.1: mark: (to be systematically provided);
D.2: type-variant-version or mine type: (to be systematically provided);
D.3: trade name: (to be informed if it exists);
J: International category: (to be systematically informed);
B: date of the first registration: (to be systematically provided);
E: identification number or order number in the type series: (to be systematically provided)
has been brought into compliance with Directive 2007/38/EC following the above process:
Editorial Possibility 1: Compliance with Article 3-1 of Directive 2007/38/EC:
Equipment, passenger side, large angle mirrors (class IV) and accosting (class V) conforming to the requirements set out in Directive 2003/97/EC (explicative on mounting, entity references...).
Editorial possibility 2: compliance with Article 3-2 of Directive 2007/38/EC (explicative on technical solution: change of Class IV and/or V mirror(s) and references of plans, calculations, tests...).
Editorial possibility 3: compliance with Article 3-3 of Directive 2007/38/EC (explicative on the technical solution: installation of an additional device, references to plans, calculations, tests).
Date and signature: manufacturer/representative authorized.
Done in Paris, April 10, 2008.
For the Minister and by delegation:
Director of Security
and road traffic,
C. Small
